Perspektif Hukum
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.
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<![CDATA[Pemenuhan Hak Asasi Manusia kepada Etnis Rohingya di Myanmar ]]>
<![CDATA[Dewa Gede Sudika Mangku]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.14
<![CDATA[The occurrence of human rights violations against the Rohingya ethnicity in Myanmar has become an international concern. The Rohingya, who have lived for generations in this part of Myanmar, are not getting justice from the Myanmar government. The various human rights violations that have occurred are of course against the basic instruments of international law. This study aims to describe and analyze international human rights arrangements with regard to the protection of the Rohingya ethnicity, as well as any obstacles in providing protection for the Rohingya ethnic group so that no solution has been achieved in resolving these human rights violations. In this study, using a normative legal research method with a statutory approach, a case approach and an analysis approach. The type of legal material in this research is secondary data consisting of primary, secondary and non-legal materials. Then processed and analyzed using prescriptive methods. Based on the research results, it is known that legal protection of the Rohingya ethnicity in accordance with international human rights instruments has not been fulfilled because there are various obstacles in resolving the root of the conflict on human rights violations in Myanmar. Some of them are the reluctance of the Myanmar government to resolve cases of Rohingya ethnic human rights violations. In view of the lack of willingness of the Myanmar government to resolve cases of human rights violations, the UN criticized and attempted to carry out humanitarian intervention to resolve gross human rights violations against the Rohingya ethnic group. For this reason, this paper seeks to elaborate on what responsibilities the Myanmar government should provide for protection according to international human rights as well as what obstacles have caused cases of human rights violations against ethnic Rohingya to be resolved.]]>
<![CDATA[Pelaksanaan Peradilan In Absentia dalam Penanganan Tindak Pidana Korupsi dikaitkan dengan Hak Asasi Manusia (HAM) ]]>
<![CDATA[Sayyid Umar Al Masyhur]]>;
<![CDATA[Tjokorda Istri Kumari Maharatu Pemayun]]>;
<![CDATA[Luh Putu Rahayu Gita Pertiwi]]>;
<![CDATA[Komang Giri Arta]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.15
<![CDATA[Justice in absentia In the criminal act of corruption has been the pros and cons to date, there is an assumption that the trial in absentia is a violation of human rights because it is related to the human rights of the accused as a human being who has the right to defend himself in court, on the other hand the trial in absentia can be carried out as long as the defendant is completely unknown so that he cannot be present at the trial hearing due to running away (fugitive). This paper discusses the implementation of justice in absentia in the handling of criminal acts of corruption associated with human rights in efforts to save state finances, this study aims to determine whether the trial process of a court hearing a defendant can be sentenced to a criminal sentence by a judge without the defendant himself being present. a judicial process in absentia. The research method used is normative research using data collection methods, namely library research (library research) by searching, reading and studying and understanding secondary data related to the problem under study. The results of this study indicate that trials in absentia can be implemented and do not violate human rights as long as they are implemented through correct procedures and based on statutory provisions. The in absentia trial aims to break the impasse in examining defendants who are not present at the trial and efforts to save state finances, both those that have been corrupted and those that are still suspected of having something to do with corruption cases, both those that have been confiscated and those that have not been confiscated to be confiscated for the state through a court decision.]]>
<![CDATA[Implikasi Pola Koalisi Partai Politik terhadap Dinamika Penyelenggaraan Pemilihan Presiden Indonesia ]]>
<![CDATA[Ahmad Siboy]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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<![CDATA[The coalition of political parties in nominating the presidential and vice-presidential candidate pair is a necessity. This is because none of the political parties received a majority vote, making them need support from other parties to meet the presidential threshold requirement. However, the established coalition mostly is not based on the same vision, mission, and ideology. The coalition is based on the developed political situations and conditions or for power-sharing such as sharing ministerial seats. As a result, the composition of the coalition in each presidential election always changes. This is obviously a coalition pattern that is oriented only to pragmatism. The research problems in this study were as follows. (1) What is the basis of the coalition of political parties in Indonesia? (2) What is the pattern of political party coalitions in Indonesia? (3) Why does a permanent coalition pattern between political parties need to occur? This study analyzed the coalition pattern of political parties and its implications for the implementation of the presidential election in Indonesia. The results showed that the coalition pattern of political parties in Indonesia occurred because most of the political parties do not make their vision, mission, and ideology become the basis for determining the direction of the coalition. Political parties build coalitions based on the agreement for a certain number of ministerial seats promised by the presidential and vice-presidential candidate pairs that they nominate. Political parties that were previously rivals (from the winning presidential and vice-presidential candidate pairs) can transfer their supporting positions to the elected presidential and vice-presidential candidate pairs. In fact, a permanent coalition is highly needed to ensure a check and balance of the winner of the general election. This means that the composition of political parties supporting the losing presidential and vice-presidential candidate pairs must be ready to become parties in the opposition ranks, not to become government coalition parties.]]>
<![CDATA[Kebijakan Pemerintah di dalam Pemenuhan Hak Pendidikan Dasar dan Menengah di Wilayah Perbatasan Negara ]]>
<![CDATA[Endah Rantau Itasari]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.18
<![CDATA[With regard to primary and secondary education policies in the border area of West Kalimantan and Sarawak, it cannot be separated from the policies of primary and secondary education nationally and in West Kalimantan Province. Within the scope of West Kalimantan Province, the policy of the Education and Culture Office (Dinas Dikbud) is compiled in a Strategic Plan (Renstra) which is the guideline and implementation of education and cultural programs in West Kalimantan Province. The current strategic plan is the 2013-2018 Strategic Plan. This strategic plan is then elaborated in a work plan (Renja) which is compiled annually. With the existence of the Renstra and Renja from the West Kalimantan Provincial Education and Culture Office, all educational and cultural development plans that have been prepared are expected to be implemented efficiently, on time, on target, synergistically. and accountable so that it can meet the expectations of the government and all levels of society, especially in realizing and implementing educational and cultural development planning.]]>
<![CDATA[Diferensiasi Hukum bagi Penyedia Layanan Over The Top (Studi Perbandingan Indonesia dengan Singapura) ]]>
<![CDATA[Lana Aulia Afiftania]]>;
<![CDATA[Nanik Mahmudah]]>;
<![CDATA[Fauziah Herman Putri]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.19
<![CDATA[Over the top media service is form of development of internet based technology. Indonesia as an affected country, has not be able to control and manage it. On the other hand, Singapore already has good legal system. The problem is how the differences between Indonesian and Singapore legal system, also how the rule of law can be applied by Indonesia. This research is normative legal research through conceptual approach and statute approach. Discussion result is the difference of legal system in terms of broadcast content restriction dan the tax collection system. Contrary with Indonesia, Singapore has more spesific content restriction. Tax collection system in Indonesia still experiencing a legal vacuum while Singapore collect taxes through a licence ownership system. That difference can be adopted by Indonesia as basis of payment for provider over the top media service.]]>
<![CDATA[Implikasi Pencegahan ke Luar Negeri bagi WNI yang Terlibat Persoalan Hukum berdasarkan Perspektif Hak Asasi Manusia ]]>
<![CDATA[Rachman Maulana Kafrawi]]>;
<![CDATA[Bambang Ariyanto]]>;
<![CDATA[Kamarudin]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.24
<![CDATA[The function and role of Indonesian immigration is to prevent, as a traffic controller people enter or leave the territory of the Republic of Indonesia in accordance with what is stated in the Law Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration. This legal research focused on knowing the implications of prevention abroad for Indonesian citizens abroad based on a human rights perspective. The research method used is normative juridical. This research concludes that the regulations in Indonesia which regulate the prevention of Indonesian citizens abroad is in accordance with the values and norms contained in the in the state ideology, namely Pancasila and the state Constitution, namely the 1945 Constitution prevention carried out by immigration officers to people suspected of being involved in cases The law that will go outside the territory of the Indonesian state is in accordance with the applicable rules. Then related to prevention, it is also not a form of limiting human rights, because human rights are Indonesia is a human rights balance with its human obligations as a member of society. The use of human rights in Indonesia cannot be carried out without paying attention to human rights obligations, in other words, human rights cannot be used absolutely.]]>
<![CDATA[Tanggung Gugat Wanprestasi atas Jual Beli Tanah dan Bangunan di Bawah Tangan (Studi Putusan No. 1593 K/Pdt/2016) ]]>
<![CDATA[Annisa Setiadi]]>;
<![CDATA[Lady Dara Krismasi]]>;
<![CDATA[Renani Oktavia]]>;
<![CDATA[Yuliatin Nur Ningsih]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.85
<![CDATA[Efforts to obtain land can be carried out in various ways, one of which is a sale and purchase agreement that must be carried out at a place designated by the Land Deed Making Officer (PPAT). There is not much buying in the sale and purchase of land and buildings made under the hands without going through PPAT, so the selling party cannot fulfill his wishes due to negligence or deliberation (default). The legal consequences of default can be in the form of payment of compensation, replacement or coverage through a judge, payment of compensation for the debtor, payment of case fees before the judge, and agreement that can be done or shared with the help of changing compensation.]]>
<![CDATA[Perlindungan Hukum terhadap Anak Perempuan sebagai Korban Tindak Pidana Perdagangan Manusia ]]>
<![CDATA[Rani Kusuma Wardani]]>;
<![CDATA[Levina Yustitianingtyas]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.86
<![CDATA[The development and advancement of information technology, communication, and transportation in the era of globalization is very rapidly developing, while in line with the development of crime mode, one of the crimes of globalization is the crime of human trafficking against girls today. This study uses normative juridical approach methods, as well as secondary data collected from primary materials, in the form of legal provisions, and their implementation; while secondary legal material is done in the form of literature studies that are then processed and analyzed qualitatively, making it easier for authors to analyze. Often girls become victims of trafficking crimes because of the factors behind the occurrence of trafficking crimes. Therefore, special protection for girls is required, namely the Law of the Republic of Indonesia No. 21 of 2014 on Child Protection, as well as a special Law to protect against people trafficking crimes, namely the Law of the Republic of Indonesia Number 21 of 2007 on the Eradication of People Trafficking, and the Law of the Republic of Indonesia Number 39 of 1999 on Human Rights]]>
<![CDATA[Menakar Model Pemakzulan Kepala Daerah di Era Orde Lama dan Kaitannya dengan Karakter Negara Kesatuan ]]>
<![CDATA[La Ode Muhaimin]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.87
<![CDATA[The design of impeachment for a regional head in the Old Order era has similarities in terms of assigning authority to the central government and having a single model. However, it differs in terms of giving roles to the Regional People's Representative Council (DPRD). The difference in the aspect of DPRD involvement is linear with the procedure for filling the position of Regional Head. This study aims to describe the impeachment pattern of Regional Heads in the Old Order era in the perspective of a unitary state and to find the relationship between the impeachment patterns of Regional Heads with the Government's objective of cementing central and regional relations. This research is a normative and literary legal research conducted by examining library materials or secondary data. The material of this research is primary legal materials, namely laws and regulations concerning the impeachment of regional heads issued during the Old Order period. The impeachment pattern of regional heads in the Old Order era experienced a shift, from a decentralized pattern to a centralized pattern after entering the Guided Democracy era. The design of impeachment with a centralized pattern and continued until the end of President Soekarno's rule. The pattern of impeachment which was characterized by centralization during the Old Order era was one of the factors causing the impeachment pattern of Regional Heads to rest in the hands of the Central Government.]]>
