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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,
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 6 Documents
Search results for , issue "VOLUME 22 ISSUE 1" : 6 Documents clear
Kekuatan Pembuktian Sertipikat Hak Atas Tanah (Konvensional dan Elektronik) Indira Retno Aryatie; Oemar Moechthar; Angela Melani Widjaja
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.88

Abstract

Land is one of the important elements for social lives. Because really that important, the land which was the one of elements of the agrarian in the life of the Indonesian constitutionality has been regulated in Law Number 5 of 1960. This arrangement is intended to ensure a certainty of legal, in which the land was necessary a land registration in order to provide such certainty and legal protection to the rights holders, their rights which later on the outcome of those with registration certificate as a strong evidence. However due to the development of technology that so rapidly now this, then in terms of registering land even until issue certificates have can be done online/electronic. So that with the latest regulation regarding electronic acticity creates a new problem in terms of proof power between conventional certificates and electronic certificates.
Upaya Arbitrase dalam Penyelesaian Perselisihan Hubungan Industrial Didasarkan Adanya Kesepakatan Para Pihak Andika Dwi Yuliardi; Imam Budi Santoso
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.92

Abstract

One of the efforts to settle out of court is arbitration by emphasizing the principle of a win-win solution. The purpose of this paper is to find out the procedure for resolving industrial relations disputes through arbitration, and to find out the factors that cause arbitration to be less attractive. The type of research used is normative juridical research with a statutory approach. The results of the study indicate that the Arbitrator is obliged to settle industrial relations disputes within a maximum of 30 days, which can be extended to a maximum of 14 working days upon the agreement of the parties. Prior to that, peace is sought, if that fails, the arbitration trial will continue. One or the parties may apply for the cancellation of the arbitration award to the Supreme Court within a period of 30 days from the stipulation of the arbitrator's decision. Factors causing arbitration to be less desirable, namely Industrial Relations Arbitration does not have the authority to settle disputes over rights, settlement through arbitration is not yet familiar enough, arbitration can only be beneficial for honest and trustworthy parties, absolute dependence on arbitrators, there is no precedent for previous arbitration decisions, not possible to object.
Ratio Legis Kewenangan Diskresioner Kementerian Kesehatan Terkait Regulasi Komersialisasi Vaksin Gotong Royong Corona Virus Disease- 2019 (COVID-19) Dewi Nawang Wulan; Devi Ayunda Rahma; Abdul Ghofur; Benny Djudjuren Tarigan
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.102

Abstract

Regulation of the Minister of Health the Republic of Indonesia No. 18 of 2021 on Changes to the Regulation of the Minister of Health the Republic of Indonesia No. 10 of 2021 on the Implementation of Vaccination in the Framework of Prevention of Coronavirus Disease Pandemic 2019 (COVID-19) as a reference for the implementation of vaccination programs led to a research analysis on the ratio legis of the regulation of commercialization of gotong royong vaccine for legal entities or business entities. Meanwhile, reviewed based on presidential Regulation No. 14 of 2021 on Changes to Presidential Regulation No. 99 of 2020 on Vaccine Procurement and Vaccination Implementation in the framework of Countering the Corona Virus Disease Pandemic 2019 (COVID-19) does not regulate the commercialization of gotong royong vaccine for legal entities or business entities so that the expansion of authority or discretion is seen from the Regulation of the Minister of Health of the Republic of Indonesia Number 18 of 2021,  On the other hand, ministerial decisions that are beschikking / decree are reviewed based on the method of the legislative approach and the concept approach has exceeded the above regulations. The result of this study is that the ratio of legis to support the acceleration of pandemic response and the implementation of vaccination in the scope of force Majeure circumstances is required to assist legal entities, or business entities where it is regulated under the Regulation of the Minister of Health of the Republic of Indonesia interpreted in Presidential Regulation 99 of 2020 Article 17 paragraph (1) letter b included in other sources of legitimate vaccine procurement funding.
Makna Keterbukaan dan Implementasi Pancasila sebagai Ideologi Terbuka Vivi Elizabeth
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.106

Abstract

Pancasila is the ideological basis of Indonesia. Increasingly, it can be seen that there are fewer Indonesian people who apply the characteristics of the Pancasila ideology. Ideology has an important function in compiling and instilling confidence in the concept of the ideals of the state to its citizens so that it can be a source of inspiration in realizing ideals. In this journal article the author uses normative research methods as a type of legal research that focuses on pure law and positive law. The author uses the type of qualitative research analysis. Where this type of analysis has a system of collecting data and theories of books, journals, and websites that are in line with the research chosen by the author. In the sense of an open ideology, there is a flaw in the idea that does the openness of an ideology mean that all forms of ideology and interpretation can be swallowed up? It should be remembered that the open nature here is to interact with the surrounding environment which is focused on the instrumental value, not just the basic value.
Urgensi Kebijakan Pendanaan Jaminan Kesehatan Masa Pandemi Covid-19 di Indonesia Menurut Undang - Undang Nomor 40 Tahun 2004 Tentang Sistem Jaminan Sosial Nasional (SJSN) Novi Eka Kusuma Putri; Monica Vita Agustin; Muhammad Kuswanto; Ni Wayan Wiwin Oktori
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.109

Abstract

The purpose of this study is to determine the urgency of the health insurance funding policy during the Covid-19 pandemic in Indonesia according to Law Number 40 of 2004 concerning the National Social Security System (SJSN) and the implementation of the National Health Insurance in Indonesia in terms of funding aspects during the Covid-19 pandemic. after the issuance of Presidential Regulation Number 64 of 2020. The results of the study show that: 1) The urgency of the health insurance funding policy during the Covid-19 pandemic in Indonesia according to Law Number 40 of 2004 is the fulfillment of the implementation of health insurance that is affordable by all Indonesians fairly and evenly to realize prosperity in accordance with the Act. To reduce the burden and impact of the Covid-19 pandemic, the Government and the community must work together in building a strong national health system through financial support in the form of contributions as has been formulated and determined. 2) The issuance of Presidential Regulation Number 64 of 2020 was carried out during the Covid-19 pandemic which was endemic, the government was more present in the regulation. Most of the around 80% of the participants are guaranteed by the government.
Kajian Yuridis Badan Bank Tanah dalam Hukum Agraria Indonesia Kafrawi; Rachman Maulana Kafrawi
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.119

Abstract

The problem of land acquisition is a problem that always arises in development activities. The emergence of land speculators who take advantage of the project infrastructure development. In the end, this causes development projects to be difficult to implement, and even fail or be abandoned altogether. Therefore, in Law Number 11 of 2020 concerning Job Creation, the government establishes a land bank agency that functions as land manager. The result of this research is that the existence of a land bank agency has existed both constitutionally in the Indonesian agrarian law system, namely in Article 33 Paragraph (3) of the 1945 Constitution, which is then implicitly enshrined in Article 2 paragraph (2) of the UUPA. The land bank agency is a form of authority of the State Controlling Rights over Land (HMN) which carries out the function as land manager. The regulation of land bank entities in Law Number 11 of 2020 concerning Job Creation places investment as a top priority, in addition to several other objectives, such as public interests, social interests, national development interests, economic equity, land consolidation and agrarian reform. This is different from the concept of land banks in several other countries, such as the Netherlands, Sweden and the United States, which are broadly focused on welfare. The implementation of land banks in these countries is very dependent on the needs of the community in a particular area, because that will determine the objectives and focus of the land bank specifically.

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