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Nikmah Mentari
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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 6 Documents
 1 
Search results for , issue "VOLUME 22 ISSUE 2" : 6 Documents clear
Kontradiksi Aturan Pemulasaraan Jenazah di Indonesia Nabil; Bambang Sukoco
Perspektif Hukum VOLUME 22 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i2.124

Abstract

The Regulation of the Indonesian Medical Council on Educational Standards for Forensic and Medicolegal Specialists states that the burial of corpses includes level 3 competence, namely carrying out supervision. Meanwhile, in the Government Regulation concerning the Implementation of the Hospital Sector, it is stated that for the relocation of corpses services are given to non-health workers. Based on this, the author wishes to examine the legal basis, authority, and responsibility for the negligence of the funeral service. This study used a method in the field of law in a juridical normative with statute approach. This study aims to determine the rules relating to funeral services that are not in accordance with the principles and hierarchy of laws and regulations and cause confusion for forensic and medicolegal specialists in practicing and for law enforcement will cause a problem regarding the complexity of assessing the element of error in negligence. funeral practices.
Pemutusan Hubungan Kerja (PHK) terhadap Karyawan Terdampak Pandemi Covid-19 Mokh. Thoif
Perspektif Hukum VOLUME 22 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i2.125

Abstract

The COVID-19 pandemic has occurred in almost all parts of the world, resulting in enormous changes, especially in various business circles. This study aims to examine the termination of employment due to the COVID-19 pandemic in terms of the Job Creation Act. The writing method uses a normative legal approach that relies on laws, reference materials, and documents relevant to the legal issues being studied. Based on the results of the study, it can be stated that layoffs are allowed in the conditions of the COVID-19 pandemic because the pandemic is classified as a forced emergency. Furthermore, the existence of such layoffs provides legal consequences for business actors who are obliged to pay workers in the form of legal protection for workers in the form of severance pay, award money. period of service and compensation for entitlements.
Urgensi Kenaikan Tarif Pajak Pertambahan Nilai Berdasarkan Asas Kepentingan Nasional Deyola Agasie; Rahmi Zubaedah
Perspektif Hukum VOLUME 22 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i2.131

Abstract

Value added tax (VAT) has increased to 11% as of April 1, 2022, this certainly raises pros and cons from various levels of society. The increase in the tax rate is in accordance with the mandate as stated in regulation concerning Harmonization of Tax Regulations. However, to increase a tax rate in the midst of the decline in the Indonesian economy as a result of the Covid-19 Pandemic is a question, so this study aims to identify how the urgency of the value added tax has increased and its impact on the country and society. In solving a problem, the author uses normative juridical research methods, with statute approach. The data obtained through literature study techniques. The results of this study show the urgency of increasing the value-added tax rate and its impact based on the principle of national interest.
Politik Hukum Pengaturan Imunitas dalam Pengelolaan Keuangan Negara untuk Penanganan Covid-19 Allan Fatchan Gani Wardhana; Yuniar Riza Hakiki
Perspektif Hukum VOLUME 22 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i2.145

Abstract

The government's broad authority in managing state finances for handling the Covid-19 pandemic, which was originally regulated based on Perppu concerning about State Financial Policy and Financial System Stability for Handling the Covid-19. Pandemic and/or Facing Threats That Endanger the National Economy and/or Financial System Stability, was then determined by Law has the potential to cause losses to citizens or legal entities. However, there is an article of the Law that can trigger legal problems because it provides immunity to all government actions taken under this Perppu so that it cannot be the object of a lawsuit to the PTUN. Research with normative methods, through this statutory and conceptual approach, aims to, first, analyze the legal policy of regulating immunity to all government decisions and/or actions in state financial management for handling the Covid-19 pandemic; second, formulate alternative legal protection for legal subject who have the potential to be harmed by government actions and/or decisions in managing state finances for handling the Covid-19 pandemic. This study concludes one of them is legal protection can be accommodated preventively through administrative supervision, ratification and approval, and government openness; and repressively through the mechanism of administrative efforts or reports to the Ombudsman.
Analisis Yuridis Pelayanan Radiologi Klinik terhadap Dokter Gigi dan Pasien Rio Faisal Ariady; Asmuni Asmuni
Perspektif Hukum VOLUME 22 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i2.166

Abstract

Juridically analyze the regulations governing the services of Clinical Radiology for Dentists and Patients. The purpose of this research is to look at the aspects of Norms Conflict, Legal Responsibilities, and also legal protection for related legal subjects. The research method used is normative law, namely document studies with a statutory approach and a conceptual approach. This research aims to determine the norms in the Regulation of the Minister of Health which regulates related to Radiology Services are contrary to the norms in the laws and regulations that regulate the competence of a dentist as well as those that regulate the rights of patients. The use of principle of legal conflict lex superior derogate legi Inferiore is used because the regulation of the authority of dentists has been explicitly regulated in the Act where the hierarchy in the legislation has a higher position than the Regulation of the Minister of Health. So that the dentist in terms of responsibility for clinical radiology services still adheres to the law that regulates the competence of dentists. In terms of protecting dentists or patients, it can be taken through preventive and repressive legal protection.
Kajian Hukum atas Penelantaran Aset Daerah untuk Kepentingan Investasi oleh Pihak Ketiga Khairus Febryan Fitrahady; Budi Sutrisno; Ahmad Zuhairi
Perspektif Hukum VOLUME 22 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i2.169

Abstract

This research is to examine the protection and legal standing of the local government for abandoning regional assets for investment purposes by third parties or investors. The research method used is normative legal research using statutory and conceptual approaches. Based on the results of the study that the utilization of regional assets for investment purposes must be maximized by investors, these assets are important for increasing regional original income by local governments. Regional governments have the authority and strategic position to decisively terminate contracts with investors who have clearly failed to utilize regional assets for investment purposes. With the principle of exeptio non admplenti contractus, the regional government can terminate the contract unilaterally to investors who do not first fulfill the achievements as promised.

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