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Nikmah Mentari
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INDONESIA
Perspektif Hukum
Published by Universitas Hang Tuah
ISSN : 14119536     EISSN : 24603406     DOI : https://doi.org/10.30649/ph.v22i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Perspektif Hukum P-ISSN 1411-9536 and E-ISSN 2460-3406 is open-access-peer-reviewed law journal affiliated to Faculty of Law, Hang Tuah University and Publhised by Hang Tuah University, in printed version on 2001. The aims of the journal are to be a medium for legal scholars and practitioners to contribute their ideas resulted from legal research as well as conceptual articles to be disseminated publicly for Indonesian legal development. It is publhised twice a year in May and November. The scope of the articles concern on legal issues involving Maritim Law, International Law, Criminal Law, Private Law, Constitutional Law, Administrative Law, Environmental Law, Technological Issues, and Jurisprudence.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "VOLUME 20 ISSUE 1" : 8 Documents clear
Aspek Agunan sebagai Perlindungan Hukum bagi Bank Selaku Penyedia Layanan Kredit Online Fransisca Utami Masakke; Irena Hapsari; Syaukah Az-Zahro
Perspektif Hukum VOLUME 20 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i1.74

Abstract

The implementation of lending and borrowing money or credit in general requires an additional agreement in the form of a guarantee agreement for the safety of the loan. Debt guarantees are giving confidence to creditors over the payment of debts they have given to debtors, this is due to the law or the issuance of an agreement that is assessoir of the principal agreement. Regarding the nature of the collateral agreement is the assessoir, that agreement follows the principal collateral in the form of a debt or credit agreement. The type of debt collateral can be in the form of material collateral which will give rise to material rights or individual collateral, commonly referred to as borgtocht which will give rise to individual rights as stated in Article 1820 BW. In general, creditors choose to use a material security, because by holding a material security the creditor's position will become the preferred creditor and the material rights over the guarantee will be transferred to the creditor who will give the right to receive debt payments in advance of the execution of collateral objects. In contrast to individual guarantees that only give rise to individual rights and can only be defended to the party making the agreement. However, if credit is done online with electronic mechanisms, how can collateral that can convince and protect creditors as the provider of online credit facilities.
Implementasi Gerakan Anti Korupsi sebagai Upaya Pencegahan Korupsi pada Lembaga Anti Korupsi di Propinsi Jawa Timur Emmilia Rusdiana; Nurul Hikmah
Perspektif Hukum VOLUME 20 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i1.75

Abstract

The anti-corruption movement introduces the publik that prevention efforts are better than efforts to eradicate corruption itself. This case has been conducted by an anti-corruption activist representing the community. The purpose of this research is to know the experience and understanding in supporting and realizing the anti-corruption movement as an effort to prevent corruption in East Java society. This type of research is sociological juridical and analyzed qualitatively. The results of the discussion showed that Malang Corruption Watch (MCW) and the Judicial Commission of the Republik of Indonesia liaising East Java had implemented an anti-corruption movement with a focus on publik education and capacity building for youth and students and had exercised their authority and duties in realizing judges who were committed to implementing the Code of Ethics and the Judge's Conduct Guidelines (KEPPH) by monitoring special hearings on corruption cases.
Hak atas Kebebasan Berekspresi dan Berpendapat di Indonesia dengan di Amerika Serikat Muhammad Roqib; Happy Anugraha Sutrisno Putra; Anwar Noris; Hotma Parlindungan Ambarita
Perspektif Hukum VOLUME 20 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i1.76

Abstract

The right to freedom of expression and opinion is the right to freely express beliefs and opinions through words (spoken), written, printings, pictures, and certain media. But unfortunately, this right is often misused. An old maxim once said: neminem loedit qui suo iure utitur which means “he who uses a right injures no one”. Based on the maxim, a thought has been developed that use of right or authority must be an act according to law, so it is not at once caused an unlawful action. The question of this study compares legals norm between the right to freedom of expression and opinion in Indonesia and United States of America (USA). This study aims to find out the difference between legals norm of right to freedom of expression and opinion towards law system in Indonesia and USA. The right to express and hold opinion both in Indonesia and USA has been recognized as human right under the constitution. Furthermore, the right to freedom of expression and opinion in USA is protected under Virginia Bill of Rights document (June 12, 1776), Declaration of Independence (July 4, 1776), and the Act. While in Indonesia it is guaranteed by Article 28, Article 28E paragraph (2), Article 28E paragraph (3) and Article 28F in Indonesian Constitution 1945. Any restrictions on freedom of expression and opinion in USA is prescribed by court judgement, for example the case of Schenk vs US (1919) and Whitney vs California (1919). Whereas in Indonesia, limitations on the right to freedom of expression and opinion is regulated by some statutes.
Tinjauan Yuridis terhadap Perlindungan Pemodal Platform Crowdfunding Kitabisa.Com Riski Pebru Ariyanti; Aprillaili Aya Tri Kartini; Selvi Wibriana Sari
Perspektif Hukum VOLUME 20 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i1.77

Abstract

The advancement of information technology has given rise to innovative ways of obtaining financial support for social purposes as well as business interests. Fundraising is not only done conventionally through, but can also be done online, called crowdfunding. The idea of ​​crowdfunding can be said to be in accordance with the culture of Indonesian society which emphasizes the principle of mutual cooperation, but legal issues that deserve to be studied relate to the protection of investors on crowdfunding platforms. The research used is included in normative juridical research using the statutory approach. The results of the study indicate that the protection of investors against crowdfunding platforms in Indonesia has been regulated in OJK Regulation No. 37 / POJK.04 / 2018 concerning Fund Disbursement Services through Technology-Based Share Offering. OJK Regulation No. 37 / POJK.04 / 2018 is a form of implementation of the supervisory function mandated in Law Number 21 of 2011. Legal protection provided to investors has a preventive nature because it contains substance about the obligations of crowdfunding organizers as well as penalties for mentioning sanctions. if there is a violation. As a new regulation issued at the end of 2018, the need for socialization related to the rules of fund services through the offering of information technology-based shares (equity crowdfunding).
Keberlakuan Hukum Penodaan Agama di Indonesia Antara Tertib Hukum dan Tantangan Hak Asasi Manusia Heru Susetyo; Farida Prihatini; Abdurakhman; Nurindah Hilimi; Intan Mahabah; Ira Apriyanti; Suri Rahmadhani
Perspektif Hukum VOLUME 20 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i1.78

Abstract

Indonesia with its five pillars of Pancasila binds the State and its citizens to "Believe in Almighty" where the religious identity is the spirit of the State that must be respected. This is proven by the existence of Law No. 1/PNPS/1965 concerning the Prevention of Blasphemy that prohibits blasphemy, atheism, or any belief other than the religious identity recognized by the government and law. Article 156 (a) of the criminal code, known as the Criminal Code, also punishes "the dissemination of information aimed at inciting religious hatred or hostility" for five years in prison. In addition, the Information and Electronic Transaction Law (ITE) Law No. 11 of 2008, regulating criminal sanctions for libel, hate speech, and insulting certain religions/beliefs through electronic devices. On the other hand, the 1945 Constitution, as well as the Human Rights Act of 1999 and Law No. 12/2005 concerning Ratification of the ICCPR guarantees freedom of expression, religion, and belief. Criticism of religion is quite limited and support for atheism is definitely still banned in Indonesia. Therefore, this article yearns to explore the dynamics of law enforcement and defamation in Indonesia in national and international human rights regimes. Then, does the law on blasphemy have a legal basis in the Indonesian legal system, national and international human rights regimes, and the surrounding social values? This study compares the application of religious blasphemy laws in several regions in Indonesia and in several Southeast Asian countries.
Peradilan In Absentia sebagai Upaya Pengembalian Aset Milik Negara dalam Tindak Pidana Korupsi Suryadi
Perspektif Hukum VOLUME 20 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i1.79

Abstract

The In Absentia trial is regulated in Article 38 number 1 of Law Number 31 of 1999 as amended to Law Number 20 of 2001 concerning Eradication of Corruption. The handling of corruption cases sometimes has obstacles in the disclosure of cases, bearing in mind that not a few cases are not revealed and the perpetrators cannot be brought before the court. The purpose of this research is to find out the judiciary in absentia as an effort to recover state assets in corruption. The type of research used is normative legal research. The results showed that theoretically the trial in absentia gave birth to two different views, allowing for the achievement of the legal substance and prohibiting for reasons of violating human rights. However, in the case of the implementation of the trial in absentia, it can be done so as not to violate the defendant's human rights, if the formal requirements have been met. The eradication of corruption does not only talk about the handling or examination of the defendant in front of the trial, but the state through law enforcement tools to save or restore state financial losses through mechanisms both criminal and civil.
Reformasi Struktur Parlemen, Langkah Penguatan DPD Bambang Ariyanto
Perspektif Hukum VOLUME 20 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i1.80

Abstract

The formation of the Regional Representative Council (DPD) as a representative body that has an equal position with the House of Representatives (DPR) is designed to accommodate regional interests in decision making at the central level. With this kind of design, the implication will be that there will be a change in the structure of parliament to move towards a bicameral parliamentary structure. However, every country that wants to adopt a representative system of both one chamber and two chambers must consider three sides, namely the function of representative institutions, membership of representative institutions, and the process of establishing laws in representative institutions. In this connection, the duties, functions, and authority of the DPD become an important issue in reviewing the parliamentary structure in force in Indonesia. Whether strengthening the parliamentary structure in the representative system in Indonesia will have implications for the functions owned by the DPD. Through normative juridical research with the legislation and conceptual approach, it is known that strengthening the parliamentary structure must be accompanied by strengthening DPD functions, specifically the legislative function, the budget function, and the supervisory function.
Penegakan Hukum terhadap Penyelundupan Pakaian Bekas Dita Birahayu
Perspektif Hukum VOLUME 20 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i1.81

Abstract

Indonesia is a maritime country that has a wider sea area than land area. Sea provides great benefits for the people of Indonesia, including sources of life for fishermen, transportation routes, recreation areas, sources of electricity generation and sources of foreign exchange. Sea transportation is more efficient than land and air, besides providing positive benefits there is also a negative side of sea transportation, one of which is the illegal smuggling of goods. Smuggled goods are not only in the form of daily necessities, including waste generated from daily activities such as used clothing. The state loss caused by smuggling used clothing reaches trillions of rupiah.

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