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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 6 Documents
 1 
Search results for , issue "VOLUME 23 ISSUE 2" : 6 Documents clear
Penerapan Asas Peradilan: Studi Kekurangan Hakim Di Pengadilan Agama Sentani-Papua Amri, Amri
Perspektif Hukum VOLUME 23 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i2.203

Abstract

The conditions that occurred in the Sentani–Papua Religious Court experienced the limitations of a judge who had a dual role as a mediator. of course, these conditions will have an impact on the application of the Principle of Justice which is fast, simple and low cost in the Sentani-Papua Religious Court. So this study aims to find out how the strategy carried out by the Sentani Religious Court in implementing the Judicial Principle with these conditions and sites. This research was conducted through interviews, observations and documentation. If we look at this research shown to an institution, this research is a field study based on Qualitative research. The results showed that the Sentani Religious Court in implementing the Judicial Principle (Fast, Simple, Low Cost) with existing limitations has several strategies for how the judicial principle must be enforced. The strategy carried out is first, the application of the single judge in Examining, Adjudicating, advocating and deciding. Second, the Placement of Legal Aid Institutions to Manage Legal Aid Posts located in the Sentani Religious Court. Third, the acceptance of certified non-judge mediators so that judges in the Sentani Religious court no longer need to concurrently serve as mediators.
Peningkatan Kapasitas Kader Kesehatan sebagai Mandatory Issue dalam Implementasi Peraturan Perundang-Undangan terkait Desa Siaga Aji Perdana, Dimas; Haniyah, Haniyah
Perspektif Hukum VOLUME 23 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i2.227

Abstract

One of the human rights and to fulfill other rights internationally is Health. In Indonesia, one of the constitutions, namely the 1945 Constitution Article 28 H paragraph (1), is explained regarding human rights that must be fulfilled, namely health. With the aim of maximizing health services, the government can strive for health cadres, especially for the title of alert village based on laws and regulations. This journal uses.  This research uses a type of normative juridical research using research methods of statute approach and conceptual approach. The result of this study is to show that health cadres in standby villages are mandatory laws and regulations and must be implemented so that each village can carry out comprehensive health cadre empowerment. The central government and village officials must synergize with each other so that this alert village can be formed thoroughly.
Legal Consequences of Transferring Children’s Assets in Trusteeship Without Involving The Heritage Treasure Hall As Trustee Sulistianingsih, Dewi; Sinaga, Dearni Meli Asih; Prasetyo Adhi, Yuli; Mohd Yusoff, Rahmawati
Perspektif Hukum VOLUME 23 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i2.233

Abstract

The purposes of this research is to analyze legal ptotection for children in guardianship, which there is a transfer of assets in guardianship without involving Heritage Treasure Hall as supervisory trustees. The article will use a doctrinal research method to analyze the legal aspects of children guardianship. Guardianship is oversight of minors who are not under the authority of their parents so their legal position needs to be represented by a guardian. In a trusteeship, the guardian has rights and obligations over the life of the child under his guardianship and is responsible for the property of the child. In carrying out its role, under Article 366 of the Civil Code, the guardian is supervised by a supervisory guardian, in this case, the Heritage Treasure Hall. However, the Heritage Treasure Hall is less involved in trusteeship activities, especially in the transfer of children’s assets in trust. Actions that do not involve the Heritage Treasure Hall will result in the termination of a guardian and all actions that have been taken may be cancelled.
Analisis Yuridis Kegiatan Spionase Melalui Fasilitas Diplomatik dan Konsular Aryo Dewanto, Wisnu; Lisanawati, Go
Perspektif Hukum VOLUME 23 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i2.240

Abstract

This paper discusses espionage activities conducted by states to obtain and collect confidential and important information through diplomatic and consular facilities. Diplomatic and consular facilities are considered an extension of the sending state's territory in the receiving state and are protected by international law that serves to facilitate international relations with states. This paper will examine important issues related to the extent to which these espionage activities violate international law and the legal mechanisms to address them. Furthermore, it mentioned cases in which states have been accused of espionage through their diplomatic and consular facilities, and the impact this has had on interstate relations, and provides a better insight into the complexity of the espionage issue, including maintaining integrity and principles in diplomacy.
Legal Construction of Consanguineous Marriages (Analysis of Article 8 of Law Number 1 of 1974 concerning Marriage) Ryan Ade Saputra; Haris Sanjaya, Umar
Perspektif Hukum VOLUME 23 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i2.247

Abstract

Inbreeding is an act that violates the law, both marriage law in Indonesia and religious law. As Article 8 of Law Number 1 of 1974 regulates that marriage is prohibited. The main problem to be discussed is related to the legal construction of inbreeding and the analysis of inbreeding based on Legislation of Marriage. This research is normative research using statutory, case and concept approaches. This research shows that there are people who want to end consanguineous marriages through divorce. Meanwhile, consanguineous marriages are marriages that do not meet the requirements for a marriage to be valid, so they must be annulled. The advice from this research is that if someone knows that there is a sibling relationship with the person they are going to marry, then they should not proceed with the marriage. However, if you have already entered into a marriage, the marriage must be annulled. Apart from that, if you are going to get married, you have to do more research regarding the relationship of each couple. This includes registering marriages to prevent marriages between people who are related by blood.
Perspektif Hukum dalam Keterbukaan, Transparansi, Proporsional, dan Penegakan Hukum pada Kontrak Pengadaan Barang dan jasa Pemerintah Hardiyan, Sandi Pratama
Perspektif Hukum VOLUME 23 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i2.260

Abstract

This research examines the legal perspective on openness, transparency, proportionality and law enforcement in contracts for the procurement of government goods and services. Implementing the principles of openness and transparency is key in maintaining a fair and open procurement process. The principle of proportionality plays an important role in balancing government objectives with the rights and obligations of providers of goods and services. The principles of openness and transparency need to be implemented carefully in the process of procuring government goods and services in order to gain public trust. Apart from that, the principle of proportionality in contracts for the procurement of government goods and services needs to be taken into account in order to achieve a balance between the government and providers of goods and services. In the event that a dispute occurs in a contract for the procurement of government goods and services, it can be resolved using 4 methods, namely through contact dispute resolution services, arbitration, construction dispute council, or through court. This research uses legal research methods using a statutory regulation approach and a conceptual approach. This research aims to explore the principles of openness, transparency, the principle of proportionality, and law enforcement of contracts for the procurement of government goods and services from a legal perspective.

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