Perspektif Hukum
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.
Articles
172 Documents
<![CDATA[Tanggung Jawab Produsen di Bidang Pangan Terhadap Konsumen ]]>
<![CDATA[Dezonda R Pattipawae]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.156
<![CDATA[Practically consumer protection is one of the legal developments which are part of national development. The key point of the issue of consumer protection is that consumers and producers (product distributor or employers) need each other. Production is meaningless if nobody mengkonsumsikannya and products are consumed safely and satisfactorily, in turn, is free promotion for employers. rule of law is very important in order to protect consumers. In sustaining the economy of consumers occupy an important position, but ironically as one of the economic actors are very weak position of the consumer in terms of legal protection. In Indonesia, consumers who had been in a weak position impression of only being an object businesses promotion tips, as well as the sale of a very expansive way. Weak consumer's position caused partly still low awareness and consumer education in Indonesia.]]>
<![CDATA[Klausula Eksonerasi Oleh Pelaku Usaha Dalam Perjanjian Jual Beli Rumah ]]>
<![CDATA[Wishnu Kurniawan]]>;
<![CDATA[Ninis Nugraheni]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.157
<![CDATA[The exenoration clause is an exclusion / liability exclusion clause in a housing sale and purchase agreement. The purpose of writing this scientific article is to find out the accountability of business actors for offers submitted to prospective consumers and restrictions on the inclusion of standard clauses containing exenoration clauses in the offer of buying and selling houses as a legal protection effort for consumers. The results of the study indicate that the treaty law in Indonesia essentially assumes that brochures have binding legal force. This binding strength is based on the fact that the brochure is a binding form of supply as specified in the Consumer Protection Act which is based on the principle of good faith at the pre-contractual stage. Judging from the freedom of contract the standard agreement with an exoneration clause does not meet the subjective and objective requirements as specified in Article 1320 BW, thus the exoneration clause stated by the business actor in the brochure as a bidding instrument does not have binding power. Provisions for transferring accountability, actions in the form of business actors are not responsible for changes in specifications contained in brochures violating Article 18 paragraph (1) letters a, c, and d of Consumer Protection Act. And has an effect on null and void (nietig / null and void).]]>
<![CDATA[Kontradiksi Aturan Pemulasaraan Jenazah di Indonesia ]]>
<![CDATA[Nabil]]>;
<![CDATA[Bambang Sukoco]]>
<![CDATA[ Perspektif Hukum VOLUME 22 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v22i2.124
<![CDATA[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.]]>
<![CDATA[Pemutusan Hubungan Kerja (PHK) terhadap Karyawan Terdampak Pandemi Covid-19 ]]>
<![CDATA[Mokh. Thoif]]>
<![CDATA[ Perspektif Hukum VOLUME 22 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v22i2.125
<![CDATA[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.]]>
<![CDATA[Urgensi Kenaikan Tarif Pajak Pertambahan Nilai Berdasarkan Asas Kepentingan Nasional ]]>
<![CDATA[Deyola Agasie]]>;
<![CDATA[Rahmi Zubaedah]]>
<![CDATA[ Perspektif Hukum VOLUME 22 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v22i2.131
<![CDATA[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.]]>
<![CDATA[Politik Hukum Pengaturan Imunitas dalam Pengelolaan Keuangan Negara untuk Penanganan Covid-19 ]]>
<![CDATA[Allan Fatchan Gani Wardhana]]>;
<![CDATA[Yuniar Riza Hakiki]]>
<![CDATA[ Perspektif Hukum VOLUME 22 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v22i2.145
<![CDATA[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.]]>
<![CDATA[Status Hukum Pekerja Yang diangkat Menjadi Anggota Direksi pada Perseroan Terbatas Tanpa Adanya Pengakhiran Perjanjian Kerja ]]>
<![CDATA[Bima Nuranda]]>;
<![CDATA[Anita Afriana]]>;
<![CDATA[Holyness N Singadimedja]]>
<![CDATA[ Perspektif Hukum VOLUME 19 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v19i1.159
<![CDATA[The appointment of a director in a Limited Liability Company can be chosen from its own workers. In reality, this raises a legal problem when the worker appointed to the Board of Directors is dismissed by the General Meeting of Shareholders (GMS), while the termination has been regulated in Law Number 40 of 2007 concerning Limited Liability Companies, but when workers appointed as members of the board of directors do not accept such dismissals, the aforementioned directors choose to submit the fulfillment of their workers’ rights as stipulated in Law Number 13 of 2003 concerning Employment. From this problem, it can be inferred that there is a lack of clarity regarding the legal status of a worker who is appointed as a board of directors through GMS and the legal consequences when the worker appointed as director is dismissed.]]>
<![CDATA[Implikasi Hukum Pengujian Peraturan Daerah Pasca Amandemen Undang-Undang Dasar 1945 ]]>
<![CDATA[King Faisal Sulaiman]]>
<![CDATA[ Perspektif Hukum VOLUME 19 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v19i1.160
<![CDATA[This study aims to explain in detail why the dualism of local regulations testing after the amendment of the 1945 Constitution Research is also directed to provide a testing system solutions in the future regulation. Legal discourses are still academic debate is when the right of judicial review by the Supreme Court Regulation hostage by Law No. 23 of 2014 on Regional Government. Supremacy of the constitution as part of the main characteristics of the legal state impressed distorted due to the duality of the regulation testing including how the implications of the Constitutional Court Number 137 PUU-XIII / 2015 Jo Court Number 56 / PUU-XIV / 2016 on June 14, 2017 last. Position regulation as executive versus legislative product as much a part of this study in order to find the ideal solution testing legislation in the future.The research method used was a normative legal research (legal research) which is based on the study of literature or secondary data divided form the primary legal materials, secondary law material and tertiary legal materials. Models used approach is the approach of law (statute aproach) and conceptual approach (conceptual aproach). A number of secondary data collected will be analyzed by descriptive qualitative where the process used deductive thinking. To get accuracy of understanding (subtilitas itellegendi) and accuracy translating (subtilitas explicandi) to solve the problem formulation.]]>
<![CDATA[Pertanggungjawaban Pidana Terhadap Korporasi di Indonesia ]]>
<![CDATA[Rini Retnowinarni]]>
<![CDATA[ Perspektif Hukum VOLUME 19 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v19i1.161
<![CDATA[Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.]]>
<![CDATA[Hambatan Hukum dalam Diplomasi Maritim sebagai Alternatif Penyelesaian Sengketa Kelautan ]]>
<![CDATA[Dita Birahayu]]>
<![CDATA[ Perspektif Hukum VOLUME 19 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v19i1.162
<![CDATA[Forms of Indonesia as an archipelagic state struggle began Juanda Declaration of 1957 to the United Nations on the Law of the Sea in 1982. As a form of struggle Negara Indonesia in defending its maritime territory, there are legal barriers in an effort to enforce the maritime vision requiring maritime diplomacy as one solution. Through maritime diplomacy, national interests can be accommodated. The complexity of the problems that arise in the maritime region of Indonesia, the government of Indonesia should strengthen sectors including sectors related to maritime law. The purpose of this study are expected to know at the same time prevent any obstacles that arise in the implementation of maritime diplomacy. This study uses normative.]]>
