cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Nikmah Mentari
Contact Email
nikmah.mentari@hangtuah.ac.id
Phone
-
Journal Mail Official
perspektif.hukum@hangtuah.ac.id
Editorial Address
Jl. Arief Rahman Hakim No.150, Keputih, Kec. Sukolilo, Kota SBY, Jawa Timur 60111 Gedung F1 Fakultas Hukum Universitas Hang Tuah
Location
Kota surabaya,
Jawa timur
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 9 Documents
 1 
Search results for , issue "VOLUME 20 ISSUE 2" : 9 Documents clear
Pidana Perampasan Kemerdekaan Mandiri sebagai Jenis Pidana Alternatif untuk Mengurangi Kelebihan Populasi (Overpolulation) Narapidana di Lembaga Pemasyarakatan dan Beban Pemerintah Angkasa
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.11

Abstract

The population in Indonesia’s correctional institution presents an alarming situation, because as of August 25, 2020, with a capacity to hold 133,169 prisoners, however, the total population stands at 232.585 prisoners. It is showing that the national prison population increased dramatically with an occupancy rate of 75 %. Not only is this causing a negative impact that can lead to prisonization that are counterproductive to the purpose of the imprisonment, but violating human rights. Many of the regulations contained in the criminal law such as restorative justice in the juvenile justice system or restorative justice formulated on Indonesian National Chief Police Regulation Number 6 of 2019 concerning criminal investigation are actually can be used to reduce the entry of the prisoner to the correctional institution but has not yet been done significantly. There are also many regulations to reduce the prison population such remission, leave before released or conditional release, but the methods do not appear to be able to significantly reducing population in the correctional institution and this condition leads to the violations of the human rights of prisoners and it is contradicting to the purposes of the imprisonment. Theoretical study using the library research method based on secondary data is conducted and concluded that a new form of criminal sentence can be suggested which has not been regulated yet in the country’s existing criminal law or formulated in Indonesia draft’s criminal code. A new form of criminal sentence is self-funded deprivation of liberty, which means taking someone’s freedom away based on a court judgment decided that someone is deprived of their liberty if they are legally proven guilty to have committed a crime. The enforcement of the self-funded deprivation of the liberty carried out by keeping the offender to stay in their house or in other designated places. The costs borne entirely by the crime offender and their families and the offender is also not permitted to leave home, and that the supervision from the correctional centers (BAPAS) and community may also be instituted.
Perluasan Kewenangan Pengawasan Dewan Perwakilan Rakyat Republik Indonesia Berdasarkan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Hananto Widodo
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.12

Abstract

In general, there are at least 3 functions of the people's representative body. First, the function of legislation. Second, the supervisory function. Third, the budget function. This type of research used in this study is normative research. By using a statutory, conceptual and historical approach. The authority of the DPR's oversight before and after the amendment to the 1945 Constitution does not only lie in the regulation, where before the change is stipulated in the explanation and after the amendment to the 1945 Constitution is regulated in the Articles of the Constitution, but there is an expansion of the intended subject. In the 1945 Constitution prior to the amendment, the supervision of the House of Representatives was only addressed to the President whereas after the amendment to the 1945 Constitution the supervision of the House of Representatives was not only addressed to the President, but to all agencies or officials who carried out Government functions. The authority of the House of Representatives in conducting oversight becomes wider after the issuance of the Constitutional Court ruling No. 36 / PUU-XV / 2017, because independent state institutions, such as the Corruption Eradication Commission and the Election Commission can be subject to oversight by the House of Representatives.
Konsep Diversi terhadap Anak sebagai Pelaku Tindak Pidana Narkotika di Masa Depan Imam Subaweh Arifin; Pujiyono
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.20

Abstract

When looking at social reality today, the number of children as perpetrators of crime is still significant, especially children as perpetrators of narcotic crimes. This encourages a study to find out how the concept of diversion in the future as an alternative settlement of cases of children as narcotics offenders. The research method used is a normative approach, which is also complemented by a comparative juridical approach. The data used are secondary data consisting of primary legal material in the form of laws and regulations on narcotic crime and the juvenile justice system. It uses secondary licensed content in the way of literature related to narcotics misconduct by children. The results of the study concluded that "the concept of diversion towards children in the future must expel children from the criminal justice process, relating to the handling of children who abuse police narcotics as holders of discretionary authority should diversify through medical rehabilitation and social rehabilitation programs without having to be confronted with the judicial process criminal.
Konsep Pengelolaan Kontrak Bilateral yang Proporsional yang Menyeimbangkan Kepentingan Nasional dan Perlindungan untuk Investor Asing di Bidang Pertambangan Ricky Bima Sanjaya; Bonaventura Ivan Mollet; Nofandi Irianto
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.21

Abstract

Investment policy is the main thing that must prioritize the national interest, not only in the field of new jobs but also must support the domestic eco-sector. In this case the state has an obligation to defend national interests. Specifically in terms of investment by managing contracts or bilateral investment treaty agreements (BIT) based on the Proportionality Principle. This principle is intended to provide justice and certainty for the parties. Bilateral Investment Treaties (BIT) agreements are considered important for the parties, which are related to the agreement. In the Bilateral Investment Treaties Agreement (BIT) are the most preferred clauses of the Nation, the National Treatment and Fair and Equitable Treatment, and the theory of state / government intervention that is considered to be able to balance national interests and protect investors in the mining sector.
Hubungan Hukum dan Pertanggungjawaban DSN dengan MUI dalam Operasional Lembaga Keuangan Syariah Arinta Rachmawati; Ro’fah Setyowati
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.22

Abstract

The rapid development of Islamic economic institutions in Indonesia cannot be separated from DSN and MUI's participation in their operations. This research will specifically discuss the legal relationship and responsibility of DSN with MUI in the process of Islamic Financial Institutions in Indonesia. This research is a normative juridical study using secondary legal data in the form of primary legal materials and secondary legal materials on Islamic financial institutions. Based on the research results, it is known that the legal relationship between DSN and MUI in the operation of Islamic financial institutions, MUI which is the responsible institution for matters related to sharia, places the position of DSN as an extension of the MUI's arm which has a very strategic and central location in terms of the development of the Islamic economy in Indonesia. DSN is responsible for providing supervision and for establishing relationships with DPS and Islamic financial institutions.
Penormaan dan Pelaksanaan Kewajiban Ingkar Notaris Qonitah Annur Aziza; Aprilia Trisanti; Kiki Aristyanti
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.23

Abstract

The notary is obliged to keep all legal deeds outlined in the contents of the deed and all information given to the notary in making the deed. the appointment of a notary as a witness in a case causes the violation of this obligation to be violated a lot. Strong legal protection is needed from the Honorary Board of Notaries (MKN) so that investigators and prosecutors are not arbitrary. The formulation of the problem taken by the author is the normalization of notary liability based on UUJN. And the application of sanctions from the notary obligation in the community.The writing of this thesis uses a normative juridical research method, namely by reviewing the legal norms contained in legislation, legal theories and jurisprudence related to the issues discussed. This research approach uses a statute approach and a conceptual approach. The purpose of this study is to explain more deeply about the norms of denial obligations in the UUJN and their application in the community with the existence of permission from MKN. Based on the results of the study, the author obtained answers to existing problems, namely the notary has a broken obligation that must be obeyed and regulated in Article 4 paragraph (2) and Article 16 paragraph (1) letter f UUJN-P. This breach obligation has a limit set out in UUJN in Article 66 paragraph (1) concerning a notary appointed as a witness can talk about the deed with the approval of the permit from MKN. But it also needs to be known if the broken obligation is violated without permission, the notary may be subject to administrative sanctions in the form of termination of employment, civil sanctions in the form of compensation and criminal sanctions in the form of prison sentences.
Perlindungan Konsumen Muslim atas Produk Halal Bambang Sugeng Ariadi Subagyono; Trisadini Prasastinah Usanti; Zahry Vandawati Chumaida; Fiska Silvia; Indira Retno Aryatie
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.82

Abstract

Every religious adherent is guaranteed to choose and practice his religion, so the state is obliged to provide protection and guarantee regarding the halalness of the products used and used by the community. Whereas in society there are still many conclusions about various products that have not been guaranteed their halalness and regulations have not provided legal certainty and guarantees for Muslim communities. So to provide legal certainty the promulgation of Law number 33 of 2014 concerning Halal Product Guarantee. The guarantee for the implementation of Halal Products is aimed at providing comfort, safety, and certainty of information on Halal Products for the public in consuming and using Products, as well as increasing added value for Business Actors to produce and sell Halal Products. The halal certificate must be submitted by the business actor in writing to BPJPH while the determination of the halalness of the product is still carried out by MUI through the Halal Fatwa Session. This research is a normative legal research that uses a statute approach and a conceptual approach.
Tinjauan Yuridis Mengenai Perwalian Anak Yatim Piatu yang Masih dibawah Umur Eva Cahyana Dewi
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.83

Abstract

Marriage is a sacred and important legal event in human life. A marriage that is a bond between two individuals can have various legal consequences. Marriage will have legal consequences for both husband and wife, property and children born in the marriage. One of the legal consequences of being born from a marriage is the acquisition of the right to inherit from a child from both parents. However, there are times when a husband and wife have passed away leaving an heir who is not old enough so that the child does not have parents as guardians or so-called orphans. The formulation of the problem taken by the author is the legal consequences of the marriage related to the right to bequeath a child. And the guardianship of orphans in the legal system in Indonesia. This study used normative legal research that is prescriptive in nature. The sources of legal materials in this study are primary and secondary data. As for the collection of data, this study used literature study techniques with a statutory and conceptual approach. Based on the results of the study, the authors obtained answers to the problem, namely a marriage is a legal act that will cause legal consequences to both the husband and wife, property and children born in marriage. In marriage, it is possible for the death of both husband and wife to result in the inheritance of their child. However, since in this case both parents of the child are gone, this agreement cannot be made. Generally, the appointment of a guardian will be based on the contents of the will of the parents. However, if the child does not have a will, then whoever is a relative or other person who wants to become a guardian, needs to submit an application for a ruling to the local Religious Court or District Court.
Perlindungan Hukum Konsumen bagi Penarikan Paksa Kendaraan oleh Debt Collector Novia Dwi Khariati
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.84

Abstract

The pandemic currently being experienced by Indonesia and even throughout the world, namely Covid-19, has resulted in an increase in the needs that exist in society. One of them is the need to make ends meet. Many people today make loans to financial institutions. Basically, in carrying out a contract or agreement, there are consumers who must be protected, in accordance with Law Number 8 of 1999. Every consumer must have their rights protected and guarantees regarding consumer protection get enough attention because as consumers they should be protected from various fraudulent transactions given the right to get clear information and of course the right not to discriminate. Contracts originate from differences or differences in interests between the parties, both parties must show an active attitude in order to reach an agreement so that the intended profit can be obtained. The consequences that arise from this condition of default cause an agreement to be canceled and which is null and void. The formulation of the problem in this paper is how legal protection and dispute resolution for consumers against forced vehicle withdrawals by the deb collector. The purpose of this research is to find out how legal protection and dispute resolution can be carried out by consumers in protecting consumers from finance company companies that use debt collector services. This journal research uses normative juridical research methods, by examining legal norms in the legislation, legal theories and jurisprudence related to the issues discussed. This research approach uses a statutory approach (statute approach) and a conceptual approach (conceptual approach). Based on the results of the study, the authors obtained answers to the existing problems, namely, that the forced taking of a motorized vehicle in the financing agreement is that the consumer has committed default, but if the motor vehicle as an object of fiduciary security is not registered by the finance company at the Fiduciary Registration Office, then the forced retrieval is invalid. Then against forced taking that is not in accordance with these applicable provisions, consumers can file objections to the financing company based on mutual agreement in the financing agreement, but if it cannot be resolved, the consumer can report the forced taking based on the article of confiscation as regulated in the Book of Law Criminal Law (KUHP).

Page 1 of 1 | Total Record : 9

 1 

Filter by Year

2020 2020


Reset
Filter By Issues
All Issue VOLUME 25 ISSUE 1 VOLUME 24 ISSUE 2 VOLUME 24 ISSUE 1 VOLUME 23 ISSUE 2 VOLUME 23 ISSUE 1 VOLUME 22 ISSUE 2 VOLUME 22 ISSUE 1 VOLUME 21 ISSUE 2 VOLUME 21 ISSUE 1 VOLUME 20 ISSUE 2 VOLUME 20 ISSUE 1 VOLUME 19 ISSUE 2 VOLUME 19 ISSUE 1 VOLUME 18 ISSUE 2 VOLUME 18 ISSUE 1 VOLUME 17 ISSUE 2 VOLUME 17 ISSUE VOLUME 16 ISSUE 2 VOLUME 16 ISSUE 1 VOLUME 15 ISSUE 2 VOLUME 15 ISSUE 1 More Issue