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[Kuota Perempuan di DPRD Jawa Tengah pada Pemilu 2014 dan Pemilu 2019 ]]>
<![CDATA[Hamidah Abdurrachman]]>;
<![CDATA[Ratna Riyanti]]>;
<![CDATA[Rahmad Agung Nugraha]]>
<![CDATA[ Perspektif Hukum VOLUME 19 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v19i1.163
<![CDATA[Gender equality in Indonesian legislature has not yet reached its expected state. Despite numerous agreements, conventions, and affirmative actions that were taken so far to promote the agenda, the fact of the matter is that female politicians are still quite rare in Indonesian legislatures, compared to their male counterparts. Among some of the deciding factors that hinder women’s participation in politics, gender gap and transactional relationship in the election system are deemed to be the main ones. This article wants to address this problem by analysing the regulation of Indonesian general election and the way it affects female representation in regional Indonesian legislatures. Using a normative approach, this article will discuss secondary data through qualitative analysis. We have examined the number of female politicians in five regional House of Representatives in Central Java based on the election result of 2014 and 2019. Our findings showed that women's participation in those legislatures has not yet reached the 30% quota expected by the regulation. Based on this finding, we propose two necessary steps to attain the 30% quota goal. The need of a political warrant in practical level for female politicians beyond political party legitimacy and number-ordering of their candidacies.]]>
<![CDATA[Perbandingan Hukum mengenai Batas Usia Pensiun bagi Pekerja di Sektor Swasta dalam Sistem Hukum Ketenagakerjaan di Indonesia dan Malaysia ]]>
<![CDATA[Rudy Indratno]]>;
<![CDATA[Mochamad Muchlis]]>;
<![CDATA[Zaki Fathullah]]>
<![CDATA[ Perspektif Hukum VOLUME 19 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v19i1.164
<![CDATA[The objective of research was to analyze the comparative legal provisions concerning labor law in Indonesia and Malaysia, especially concerning the retirement age for workers in the private sector in Indonesia and Malaysia. The comparative focused on legal reconstruction and was arranged with micro comparison approach. The journal was arranged with normative juridical method and also with statute, comparative of law and conceptual approaches. Based on the results of the study, it can be concluded there are no strict rules concerning retirement age in Indonesia labor law, that matter can create legal uncertainty for employers and workers, while in the Kingdom of Malaysia the rules concerning the retirement age limit have been strictly regulated in Act 753/2012.]]>
<![CDATA[Pengaturan Hukum Mengenai Kedudukan Keputusan yang Dimohonkan kepada Pejabat Tata Usaha Negara ]]>
<![CDATA[Yogi Pratama]]>;
<![CDATA[Muhammad Irsyad Tirtasah]]>;
<![CDATA[Yarni Nikita Ahmady]]>;
<![CDATA[Ardoyo Wardhana]]>
<![CDATA[ Perspektif Hukum VOLUME 19 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v19i1.165
<![CDATA[This research aims to find out two matters. the first matter is to find out how the paradigm of Law Number 5 Year 1986 and Law Number 30 Year 2014 on decisions that are petitioned to State Administrative Officials (hereinafter TUN Officials). Second, to find out the legal implications of the differences in the position of decisions that are applied to TUN Officials based on Law Number 5 Year 1986 and Law Number 30 Year 2014. The following research results, (1) that related to the paradigm of Article 3 of the Law on State Administrative Court and Article 53 of the Government Administration Law, should be related to the type of decision.. (2) The legal implication of the decision’s differences that have been petitioned to TUN officials may allow confusion to occur when it is applied in the process of administering the government and also the process in court.]]>
<![CDATA[Analisis Yuridis Pelayanan Radiologi Klinik terhadap Dokter Gigi dan Pasien ]]>
<![CDATA[Rio Faisal Ariady]]>;
<![CDATA[Asmuni Asmuni]]>
<![CDATA[ Perspektif Hukum VOLUME 22 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v22i2.166
<![CDATA[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.]]>
<![CDATA[Kajian Hukum atas Penelantaran Aset Daerah untuk Kepentingan Investasi oleh Pihak Ketiga ]]>
<![CDATA[Khairus Febryan Fitrahady]]>;
<![CDATA[Budi Sutrisno]]>;
<![CDATA[Ahmad Zuhairi]]>
<![CDATA[ Perspektif Hukum VOLUME 22 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v22i2.169
<![CDATA[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.]]>
<![CDATA[Kewenangan Pemerintah Daerah untuk Melindungi Bidan yang Melaksanakan Program Keluarga Berencana ]]>
<![CDATA[Anggraeni Novitasari Ujianingtyas]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i1.170
<![CDATA[Since midwife as front liner for family planning endure many risks, The Local Government must protect them from any chance of sue. This study is analyze midwife authority due to family planning programs, and analize Local Government authority to protect midwifes that servicing a family program. This is a juridical normative studiy with a statue approach, comparative approach and conceptual approach. The result of the study shows that the Local Government must protect midwifes by assign an innovation regulation. The regional head regulation may consist engangement of religious leader to help promoting family planning service. Many guidelines and manuals must be made in order to protect obedient midwifes. And push KORPRI to make a Legal Consulting and Aid Institute. The making of family planning regulation must be honor the human rights.]]>
<![CDATA[Pelanggaran Indikasi Geografis ditinjau dari Aspek Perlindungan Konsumen ]]>
<![CDATA[Yoan Nursari Simanjuntak]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i1.188
<![CDATA[It is very important for Indonesia to provide protection for potential Geographical Indications in order to maintain fair business competition; consumer protection; protection of Micro, Small and Medium Enterprises; and domestic industry. Geographical indications, which are communal intellectual property rights, become an economic potential for the region or community group that proposes them. The protection of Geographical Indications will not only provide welfare benefits for the rights owners but will also constitute acknowledgment of the rights of end consumers who utilize products with said Geographical Indication rights. The regulation regarding violations of the rights of Geographical Indications contains protection for consumer rights and the obligations of producers. The study was carried out through normative juridical methods through statutory and conceptual approaches using legal materials, both primary, secondary and tertiary. Henceforth, the analysis is carried out deductively.]]>
<![CDATA[Isu Utama dalam Non-Fungible Token (NFT): Bagaimana Pengalihan Hak Cipta Harus Beradaptasi? ]]>
<![CDATA[Alif Muhammad Gultom]]>;
<![CDATA[Fitri Astari Asril]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i1.197
<![CDATA[Non-fungible tokens, also known as NFTs, are a special kind of digital record of ownership that is utilized in a certain manner to guarantee validity and uniqueness of intangible goods. Due to its features, NFTs become interesting among art creators and even asset collector. Transactions on NFT create incredible values, which raises a number of legal issues, particularly in the realm of intellectual property rights related to copyright. This research aims to explains the connection between the existence of NFT and current copyright law in Indonesia focusing on the ownership and transfer of rights from the purchasing of NFTs. The author will try to compare on other jurisdictions (Ireland & Germany) concerning the copyright legal framework. Furthermore, the practice by licensing method in current NFTs marketplace will also be demonstrate through this paper. The research methodology employed is a normative juridical approach with an analytical and descriptive research design. Based on the research conducted, there is still a legal gap in Indonesian copyright law, particularly in the realm of NFTs and the idea of droit de suite, which has existed in intellectual property right concept globally. Finally, this paper will present several recommendations for the government and other relevant stakeholders upon NFTs transactions.]]>
<![CDATA[Restatement Kelalaian Dalam Malpraktik Medis ]]>
<![CDATA[Eko Pujiyono]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i1.171
<![CDATA[Research on restatement of negligence in medical malpractice aims to address the issue of uncertainty over legal adjudication in determining the unlawful nature of medical negligence. This research is an effort to create a clear explanation about the prominent concept of criminal law that are more fairly in the law enforcement of the criminal law code on negligence cases. In addition, this research is expected to create a new approach in the development of legal methods that is a system of assessments and legal discourse by universities, practitioners and other health law observers to get a real and fair result. This research uses a normative approach and based on conceptual category, regulations, and court decisions. These three elements are reviewed together by considering universal legal principles. A verification of unlawful nature in medical malpractice has different characteristics rather than the ordinary crimes proof. The sui generis characteristic in health law has an impact on legal constructions toward negligence cases. A Proving negligence in Health Law requires a medico-legal approach. Legal adjudication of cases of negligence in medical practice in Indonesia requires adjustments to the legal doctrines that apply in the science of health law. This legal doctrine has applied as universal doctrin and be a part of studying to find unlawful aspect in criminal acts relating with the field of health care law.]]>
<![CDATA[Ekonomi Biru sebagai Upaya Pembangunan Berkelanjutan dan Pemenuhan Hak Asasi Manusia ]]>
<![CDATA[Dessy Maeyangsari]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i1.172
<![CDATA[Blue Economy is a concept of the use of marine resources for the economic growth, the improvement of livelihood, along with the preservation of marine ecosystems. This article discusses the potential of the blue economy for sustainable development efforts that have been the focus of many countries since the 1972 Stockholm Environmental Conference. Basically, the use of marine resources has been regulated in the United Nations on the Law of the Sea 1982 and other international legal instruments. However, special management systems and regulations are needed at international and national levels to implement the components of Blue Economy activities that prioritize sustainable development and the preservation of the marine environment. In addition, another potential of the Blue Economy is its relation to the fulfilment of Human Rights in Indonesia, which will be reviewed normatively through national legislation and international law study.]]>
