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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 10 Documents
 1 
Search results for , issue "VOLUME 25 ISSUE 1" : 10 Documents clear
Sanksi Administratif sebagai Primum Remidium Pelanggaran Pemanfaatan Ruang Laut: Efek Jera atau Negosiasi: Administrative Sanctions as a Primary Remedy for Violations in Marine Space Utilization: A Deterrent Effect or Negotiation Anam, Saiful; Priyo Amboro, Yudhi; Shahriyani Shahrullah, Rina
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.326

Abstract

One form of control over the utilisation of marine space is the imposition of administrative sanctions. However, the number of violations in the past four years (2021–2024) has shown a continuous increase each year, with a significant rise in 2024. The aim of this study is to evaluate the administrative sanctions on violations of marine spatial utilisation as a form of Primum Remedium. This research employs an empirical legal research method using the analytical tools of the Theory of Legal Effectiveness and the Integrative Law Theory. Data were collected through interviews and secondary data gathering, then analysed using qualitative juridical techniques. The findings indicate that only the legal factor can be considered effective, whereas law enforcement, infrastructure, society, and cultural factors still face obstacles that hinder the successful implementation of administrative sanctions. Therefore, regulatory simplification and an increase in the number of law enforcement officers are needed, as well as enhanced public education.
Resolution of Disputes Regarding the Election of Village Head in Villages in Pringgasela District, East Lombok Regency: Penyelesaian Sengketa Pemilihan Kepala Desa di Desa Sekecamatan Pringgasela Kabupaten Lombok Timur Kafrawi, Rachman Maulana; Sarkawi; M. Saleh; HA Khair; Marsal, Antonino Pedro
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.332

Abstract

The implementation of the Village Head Election is also a manifestation of the community at the village level practicing direct politics. Based on Law Number 6 of 2014 concerning Villages (Village Law), the regulation of village head elections begins with nomination, voting and determination. However, the regulation regarding the resolution of disputes over the results of village head elections is not included in the Village Law. The regulation regarding disputes over the results of village head elections is stated in Article 37 paragraph (6) of the Village Law. In this article, the authority to resolve disputes over the results of village head elections is the authority of the regent/ mayor. Furthermore, regarding the time period for resolving disputes over the results of village head elections for 30 (thirty) days. This research is based on reports of disputes over village head elections. For this reason, it is necessary to resolve disputes over village head elections in accordance with procedures and laws and regulations. This research is anormative research. The results of this study are expected to be the Settlement of Village Head Election Disputes in accordance with applicable Procedures and Laws.
Urgensi Peraturan Daerah Kabupaten Malinau tentang Penempatan dan Perlindungan Tenaga Kerja Lokal: Urgency of Malinau Regency Regional Regulation on Placement and Protection of Local Labor Evi, Evi Agreta; Syafruddin; Adit, Aditia Syaprillah
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.335

Abstract

This paper aims to analyze the placement and legal protection of local workers through the establishment of Regional Regulations. This research uses normative legal research with statutory and conceptual approaches, using qualitative descriptions and conclusions using the deductive method. The results show that based on the analysis of the provisions of laws and regulations related to the placement and protection of local workers, it is in accordance with the concurrent authority of local governments to regulate the placement and protection of local workers and in order to form good quality and comprehensive local regulations, a critical analysis has been carried out through the three foundations. Philosophical foundation, which provides protection for local workers in improving their welfare. Sociological basis, Malinau Regency is experiencing rapid economic growth characterized by the growth of new industries engaged in various fields so that it has an impact on the need for local workers who have good skills in order to compete with workers from outside the region and Juridical basis, the local government has the right to establish regional regulations and every citizen has the right to work and a decent livelihood for humanity.
Relevansi Peran Kementerian Koordinator dalam Sistem Presidensial: Studi Komparatif dan Rekomendasi Kebijakan untuk Sistem Pemerintahan Indonesia: The Relevance of the Role of the Coordinating Ministry in the Presidential System: A Comparative Study and Policy Recommendations for the Indonesian Government System Nasution, Ali Imran; Azaria, Davilla Prawidya; Fauzan, Muhammad; Thoriq, Ahmad Reihan
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.351

Abstract

This paper aims to analyze the relevance of the Coordinating Ministry in carrying out the functions of synchronization and coordination among state ministries in the administration of government in Indonesia, and to compare it with practices in several countries that adopt a Presidential system. The research employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings indicate that the Coordinating Ministry plays a strategic role in maintaining policy coherence among ministries. However, overlapping authority with other ministries that also possess coordinative functions, coupled with the relatively large number of Coordinating Ministers, has the potential to hinder government effectiveness if not managed properly. A comparative study with Presidential countries such as the United States, the Philippines, Brazil, and South Korea suggests that governmental coordination can be carried out more efficiently by a single office or specialized institution. Therefore, this study recommends a reduction in the number of Coordinating Ministers in Indonesia and the strengthening of a single strategic coordinating institution under the President, as well as the possibility for the Vice President to assume a coordinating role when directly mandated by the President.
The Effectiveness of Mutual Legal Assistance Cooperation at the ASEAN Level as an Effort to Overcome Terrorism Crime: Efektivitas Kerjasama Bantuan Hukum Timbal Balik di Tingkat ASEAN dalam Upaya Penanggulangan Kejahatan Terorisme Levina Yustitianingtyas; Setyowati, Dewi
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.371

Abstract

Terrorism is included as one of the transnational crimes involving more than one country where there is a legal system and jurisdiction of its implementation, so that cooperation between countries is needed in overcoming this crime. At the ASEAN level, there has been a cooperation agreement, namely the ASEAN Mutual Legal Assistance Treaty. On the other hand, ASEAN member countries have also entered into bilateral agreements in the framework of cooperation in overcoming terrorism crimes.. The research method is normative research with a state approach and a case approach. This legal research aims to examine the extent of the urgency and effectiveness of cooperation in overcoming terrorism crimes at the ASEAN level. The results of this study indicate that although the ASEAN MLA has become an important legal framework in facilitating mutual legal assistance, challenges such as differences in legal systems, levels of trust between countries, and lack of regulatory harmonization are still major obstacles to its effective implementation. Therefore, it is necessary to strengthen the implementation mechanism, increase institutional capacity, and establish a permanent communication forum between law enforcement officers to maximize the role of the MLA in joint efforts to overcome terrorism crimes.
Anak dan Kekerasan Seksual: Tinjauan Yuridis terhadap Perlindungan Hukum dalam Sistem Hukum Indonesia: Children and Sexual Violence: A Legal Review of Legal Protection in the Indonesian Legal System Manan, Najwa Septianingsih; Tanudjaja, Tanudjaja
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.323

Abstract

This study aims to examine the legal perspectives on the urgency of legal protection for child victims of sexual violence. It employs a normative juridical approach with a focus on legislation. The findings underscore the necessity of establishing rehabilitation for child victims of sexual violence as a legal obligation. First, the mental and physical conditions of victims are vulnerable and require rehabilitation. Second, there are significant weaknesses when rehabilitation is incorporated into the concept of restitution. Third, there are no legal provisions mandating rehabilitation for child victims of sexual violence; currently, only perpetrators are required to undergo rehabilitation as part of their punishment. Consequently, there is no clear and definitive regulation regarding the obligation of the state to provide rehabilitation for child victims of sexual violence.
The Sovereign Immunity Entitlement of Sunken Foreign Military Wreck Within Indonesian Territorial Water: Hak Kekebalan Kedaulatan atas Bangkai Kapal Militer Asing yang Tenggelam di Wilayah Perairan Indonesia Wati, Erna; Pribadi , Insan; Iriyani, Meiske
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.329

Abstract

The 2014 retrieval of two Dutch warship wrecks from Indonesian waters, remnants of World War II's Battle of Java, sparked legal debate regarding sovereign immunity for sunken warships. The wrecks' disappearance, revealed during a 75th-anniversary commemoration, questions the continued applicability of such immunity in foreign waters. This study examines the wrecks' legal status, particularly their exclusion from the 2001 UNESCO Convention due to their age. Employing juridical-normative research, the study analyses international legal instruments, court decisions, literature, and state practices. Findings suggest that while sovereign immunity persists, its scope is limited. A non-operational wreck serves no military purpose but maintain its identity. The absence of a comprehensive international framework underscores the importance of the Indonesia-Netherlands bilateral agreement in protecting remaining wrecks. The study concludes that increased international cooperation is crucial for addressing legal uncertainties surrounding sovereign wrecks and ensuring their preservation.
Comparative Analyzation of Criminal Law for Sexual Harassment Based on Awig-Awig and Law 12 of 2022: Analisis Perbandingan Hukum Pidana Pelecehan Seksual Berdasarkan Awig-Awig dan Undang-Undang 12 Tahun 2022 Afra, Fairuz; Sumardiana, Benny
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.333

Abstract

Indonesia has two legal systems, customary law and national law, which often clash in sexual harassment cases. Bali's Awig-Awig promotes restorative justice, while Law No. 12 of 2022 emphasizes strict criminal sanctions. This difference can trigger conflict, especially regarding the rights of female victims. Therefore, this study will discuss how the mechanism between the two laws compares and which law is more effective in applying in sexual harassment cases in Bali. This research compares the effectiveness of the two legal systems using a socio-legal method and comparative approach. The results show that the integration of customary deliberation with formal legal protection can bridge such differences, ensuring culturally sensitive and comprehensive justice.
Determination of Indonesian Islands Sea Lane as a Tools of Providing Legal Certainty for Foreign Flag Vessels Through Indonesian Waters: Penetapan Alur Laut Kepulauan Indonesia sebagai Sarana Pemberian Kepastian Hukum bagi Kapal Berbendera Asing yang Melalui Perairan Indonesia Pramono, Budi; Pramono, Agung; Umar, R. Isyack
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.390

Abstract

This research discusses the current determination of Archipelagic Sea Lanes determined by the Indonesian government which is able to provide legal certainty for foreign-flagged ships crossing Indonesian waters. The problem that arises with the determination is whether they do not create vulnerabilities that have the potential to harm the national interests of the Indonesian people. This research is normative legal research with a conceptual and statutory approach. The research results show that the Indonesian government has established archipelagic sea lanes so that it can provide legal certainty for foreign ships crossing Indonesian waters. This determination is a mandate from the ratification of the 1982 international maritime law convention. However, this determination still creates vulnerabilities that have the potential to harm the national interests of the Indonesian people. The cause of this vulnerability is because the norms contained in the regulations regarding archipelagic sea lanes does not contain sanctions norms so that legal violations often occur in the archipelagic sea lanes area. The need for more significant sanctions is due to the fact that archipelagic sea lanes have specificities compared to other maritime zones.
Advocates and Law Enforcement Officers: Towards Harmonization in the Legal Enforcement Process: Advokat dan Aparat Penegak Hukum: Menuju Harmonisasi dalam Proses Penegakan Hukum Zamroni, Mohammad; Noor, M. Tauchid
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.402

Abstract

The Advocates are the only law enforcers who can be involved in all law enforcement processes. Advocates can also intersect and conflict with all other law enforcers in the law enforcement process. Therefore, harmonization of advocates with other law enforcers in the law enforcement process is essential. This study aims to determine the urgency of such harmonization and the factors that influence it. This research is a normative juridical research using a statutory and conceptual approach. Primary and secondary legal materials were collected through literature study and analyzed qualitatively. This research found that harmonizing advocates and other law enforcers in the law enforcement process is essential because without harmonization, the law enforcement process cannot run well, thus harming the interests of the people involved in the case. Three factors influence the harmonization of advocates with other law enforcers in the law enforcement process: statutory, authority, and interest factors.

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