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[Tinjauan Hukum Pembangunan Berkelanjutan Proyek IKN dalam Mempertahankan Keseimbangan Ekosistem Lingkungan ]]>
<![CDATA[Retno mulyaningrum]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i1.201
<![CDATA[The process of building the National Capital of the Archipelago/Nusantara (IKN) in East Kalimantan is currently underway. Criticism was received from various groups before and after several state agendas were carried out. However, as a consideration, it is better to carry out periodic reviews from a legal, social and environmental perspective in order to get more attention in managing the environment of the new capital city. The theory of sustainable development and public policy theory becomes a balance when there are deviations and even environmental damage that can harm living things. The legal certainty that has been contained in several regulations such as the PPLH Law, the State Policy Law Regional Regulations of the Province of East Kalimantan which address the environment is used in analysis related to the development of the IKN aims to find out the balance and good steps to be taken going forward with the IKN development process.]]>
<![CDATA[Penerapan Asas Peradilan: Studi Kekurangan Hakim Di Pengadilan Agama Sentani-Papua ]]>
<![CDATA[Amri, Amri]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i2.203
<![CDATA[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.]]>
<![CDATA[Peningkatan Kapasitas Kader Kesehatan sebagai Mandatory Issue dalam Implementasi Peraturan Perundang-Undangan terkait Desa Siaga ]]>
<![CDATA[Aji Perdana, Dimas]]>;
<![CDATA[Haniyah, Haniyah]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i2.227
<![CDATA[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.]]>
<![CDATA[Legal Consequences of Transferring Children’s Assets in Trusteeship Without Involving The Heritage Treasure Hall As Trustee ]]>
<![CDATA[Sulistianingsih, Dewi]]>;
<![CDATA[Sinaga, Dearni Meli Asih]]>;
<![CDATA[Prasetyo Adhi, Yuli]]>;
<![CDATA[Mohd Yusoff, Rahmawati]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i2.233
<![CDATA[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.]]>
<![CDATA[Analisis Yuridis Kegiatan Spionase Melalui Fasilitas Diplomatik dan Konsular ]]>
<![CDATA[Aryo Dewanto, Wisnu]]>;
<![CDATA[Lisanawati, Go]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i2.240
<![CDATA[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.]]>
<![CDATA[Legal Construction of Consanguineous Marriages (Analysis of Article 8 of Law Number 1 of 1974 concerning Marriage) ]]>
<![CDATA[Ryan Ade Saputra]]>;
<![CDATA[Haris Sanjaya, Umar]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i2.247
<![CDATA[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.]]>
<![CDATA[Kejahatan Mafia Tanah sebagai Ancaman Penguasaan Tanah yang Berkepastian Hukum ]]>
<![CDATA[Iwan Permadi]]>
<![CDATA[ Perspektif Hukum VOLUME 24 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v24i1.250
<![CDATA[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.]]>
<![CDATA[Perspektif Hukum dalam Keterbukaan, Transparansi, Proporsional, dan Penegakan Hukum pada Kontrak Pengadaan Barang dan jasa Pemerintah ]]>
<![CDATA[Hardiyan, Sandi Pratama]]>
<![CDATA[ Perspektif Hukum VOLUME 23 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v23i2.260
<![CDATA[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.]]>
<![CDATA[Perlindungan Hukum Terhadap Korban Tindak Pidana Penipuan Transaksi Jual Beli Pada Marketplace ]]>
<![CDATA[Yunita Amalia, Erlyna]]>;
<![CDATA[Isnawati, Muridah]]>
<![CDATA[ Perspektif Hukum VOLUME 24 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v24i1.263
<![CDATA[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.]]>
<![CDATA[The Principle of Fiduciary Duty in Single-Member Limited Liability Company ]]>
<![CDATA[Simbolon, Yolanda]]>
<![CDATA[ Perspektif Hukum VOLUME 24 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v24i1.267
<![CDATA[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.]]>
