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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 7 Documents
 1 
Search results for , issue "VOLUME 24 ISSUE 1" : 7 Documents clear
Kejahatan Mafia Tanah sebagai Ancaman Penguasaan Tanah yang Berkepastian Hukum Iwan Permadi
Perspektif Hukum VOLUME 24 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i1.250

Abstract

This research examines land crimes committed by the land mafia. The threat of land tenure with legal certainty due to the involvement of unscrupulous BPN officials, Notary/PPAT, village officials and the community itself makes land mafia crimes run in a planned and systematic manner. The lack of professional integrity in internal officials related to land and the attitude of honesty, trustworthiness and weak spiritual intelligence make this crime difficult to overcome. The purpose of this research is to find out the form of land mafia crime practice and the form of legal protection for its victims. This research uses normative research methods. The results show the need for good law enforcement action, both preventively (through improved regulation) and repressively (fair legal settlement in the form of sanctions and penalties) in ensuring legal protection for victims of land mafia crimes. In addition, supervision needs to be improved in the internal administration of the land programme related to the issuance of land certificates and its scope must be clear and firm. The government must dare to take firm and measurable action against officials who commit unlawful acts, both criminally and administratively, so that legal certainty and protection can be realised properly.
Perlindungan Hukum Terhadap Korban Tindak Pidana Penipuan Transaksi Jual Beli Pada Marketplace Yunita Amalia, Erlyna; Isnawati, Muridah
Perspektif Hukum VOLUME 24 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i1.263

Abstract

The times open up opportunities for convenience in various sectors of life, especially in the context of electronic media-based buying and selling transactions on the marketplace. With these developments there are advantages and disadvantages for users. This research aims to provide an understanding of legal protection for victims of electronic transaction fraud. The focus of this problem includes two main questions, namely, legal protection for victims and legal remedies that can be taken. This research is normative in nature using a statutory approach. This normative legal research is conducted through analysis of library materials and secondary data to overcome the legal problems faced. The findings of the research show that victims get legal protection regulated by the provisions in Article 19 paragraph (1) of Law Number 8 Year 1999 concerning Consumer Protection. There are two efforts to protect and maintain consumer rights such as, out-of-court settlement as an alternative method and settlement through court channels as the last step that can be taken.
The Principle of Fiduciary Duty in Single-Member Limited Liability Company Simbolon, Yolanda
Perspektif Hukum VOLUME 24 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i1.267

Abstract

Limited Liability Company in Indonesia has a conceptual expansion since the Job Creation Law has enacted. There are two types of Limited Liability Company currently, capital partnership limited liability company and single-member limited liability company. One of the most significant changes to the concept of limited liability company is related to its organs. Single-member limited liability company consists of director who also serve as shareholder. The expansion concept raises questions regarding the application of fiduciary duty to single-member limited liability company. This research uses conceptual and statute approach. The conclusion from this research is that in single-member limited liability company, there is only director who also become shareholder, thus there is no supervisory function by the board of commissioner. Secondly, the director in single-member limited liability company still has the obligation to carry out the responsibilities with the principle of fiduciary duty.
Law Enforcement In The Case of Binary Option Under The Guise Of Investment and Trading Plaikoil, Maureen
Perspektif Hukum VOLUME 24 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i1.270

Abstract

Binary option is one type of online trading that works by predicting the movement of an asset, and until now binary option in Indonesia is illegal. The purpose of this study is to explain how the form of criminal liability for parties who  commit fraud under the guise of binary option investment and preventive efforts that can be made by both the government and the community. This study uses normative legal research methods. The results of this study show that regarding commodities as regulated in the law and BAPPEBTI regulations, binary options are not included in the subject of futures contracts, which makes binary options illegal. The legal basis used to ensnare the perpetrators behind the binary option case includes articles of fraud to money laundering. This paper is expected to benefit the community in general as additional knowledge and information in investing, as well as input for the government in encouraging and strengthening financial literacy in the community.
Analysis of the Implementation of E-Litigation with Artificial Intelligence Approach in Procedural Justice and Access to Justice in Pretrial Proceedings Sitepu, Rida Ista; Alhuda Hasnda, Nuchraha
Perspektif Hukum VOLUME 24 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i1.275

Abstract

The development of Artificial Intelligence in the current digital era across every sector of society has become a topic of discussion among legal experts for its potential application within the realm of justice systems. Consistency and time efficiency have become key considerations for implementation within the judicial system. Pre-trial proceedings in Indonesia are often seen as a secondary trial process, leading to inconsistencies in time, understanding of legislation, and document management, resulting in disadvantageous situations for the suspects. The integration of Artificial Intelligence in legal proceedings can enhance efficiency, accuracy, and ensure access to justice for suspects within the legal process. In the context of pre-trial proceedings, AI can be utilized to aid in data processing and analysis, decision-making, and monitoring compliance with principles of procedural justice. The research problem in this study revolves around two main questions: First, how does the legitimacy and legal certainty of utilizing electronic media within the Indonesian judicial system stand? Second, how can procedural justice and access to justice be implemented through the utilization of electronic media, particularly artificial intelligence, in pre-trial proceedings? This research is a doctrinal or normative study, relying on secondary data sources consisting of primary legal materials and qualitative data.
Heritage Conservation in Indonesia: Policy Review Lubis, Lunariana; Wardiyanto, Bintoro; Setijaningrum, Erna
Perspektif Hukum VOLUME 24 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i1.276

Abstract

The Indonesian government has handed over its authority to ministries and local governments in the field of culture in the designation of cultural heritage since 2010. However, protection of cultural heritage remains limited due to unclear policies and planning. This study aims to identify gaps in existing cultural heritage conservation policy and planning and propose a revised policy framework. After reviewing the cultural heritage conservation policy framework in Indonesia, several shortcomings were found that affect the cultural heritage conservation process. These deficiencies include insufficient coverage of heritage’s context, insufficient institutional capacity, a heritage-owner approach to conservation, inadequate incentives, lack of funding sources, and lack of transparency. To address these shortcomings, several new policies are recommended, including revision of the political system, provision of integrated conservation approaches and incentives, diversification of funding sources, and expansion of public participation.
Memadukan Budaya Hukum dan Diplomasi Hukum untuk Mencegah Sengketa Antar Negara: Kekosongan Hukum yang Terabaikan Birahayu, Dita
Perspektif Hukum VOLUME 24 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i1.286

Abstract

Efforts to integrate legal culture and legal diplomacy to prevent conflicts between countries are a noble goal. However, these efforts are characterized by various legal complexities, including neglected legal vacuums. This legal vacuum can be a legal loophole for countries to exploit the international legal system and trigger disputes. This research aims to analyze the concept and meaning of legal culture and legal diplomacy, examine its role and function in preventing conflicts between countries, and analyze the effectiveness of its integration. This study uses a normative juridical research method with a conceptual and a comparative legal approach. The results of the study show that legal culture and legal diplomacy have an important role and function in preventing conflicts between countries. The combination of the two can help build trust and mutual understanding between countries, increase public legal awareness, and encourage peaceful settlement of disputes in accordance with the Preamble of the UN Charter.

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