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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 172 Documents
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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.
Plea Bargaining System, Deffered Prosecution Agreement, dan Judicial Scrutiny sebagai Upaya Mengatasi Overkapasitas Lembaga Pemasyarakatan Frans, Mardian Putra; Intan Sari, Agustina Indah; Winda, Darisa; Alfret, Alfret; Felix Simeone, Nicholas Gerard
Perspektif Hukum VOLUME 24 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i2.273

Abstract

This paper aims to criticize the criminal justice system that is currently unable to overcome the capacity conditions in correctional institutions. This condition is inseparable from the role and contribution of the criminal justice system itself. The justice system in Indonesia is still oriented towards retaliation against perpetrators so that the imposition of punishment by judges results in prison overcapacity. The results of the study found that Legal Concepts such as Deferred Prosecution Agreements as an alternative out-of-court dispute resolution as a form of contante justitie principle because it only involves prosecutors and defendants where judges act as supervisors. In addition, there is the concept of Plea Bargaining System which is a negotiation between the Public Prosecutor and the Defendant who admits his guilt to alleviate the charges and the judicial process can run more efficiently. Judicial Scrutiny plays a role in overseeing the legal process in coercive measures. These three systems should be implemented in the Indonesian legal system to improve and solve the overcrowding of correctional institutions.
Problematika Kepatuhan Pejabat Tata Usaha Negara dalam Eksekusi Putusan Pengadilan Tata Usaha Negara Amalia, Riska Ari; Ashari, Ashari; Kafrawi, Rachman Maulana; Setiawan, Agung
Perspektif Hukum VOLUME 24 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i2.278

Abstract

The regulation of the execution of State Administrative Court (TUN) decisions in Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 on State Administrative Court does not include a mechanism for executing TUN decisions, which in practice has caused many problems that undermine legal certainty and justice for the public. The focus of the writing is to provide an understanding to the public about the urgency of implementing execution in administrative court decisions. The main issues include two aspects: the obstacles faced by administrative officials in executing administrative court decisions, and solutions to address the compliance problems of administrative officials in executing administrative court decisions. The research method used is a normative research method. The research findings indicate that the obstacles in the implementation of TUN Decisions are due to the non-compliance of TUN officials and the lack of enforcement power for TUN decisions. The solution to address the compliance issues of TUN officials in executing TUN Decisions is to file a maladministration complaint with the Indonesian Ombudsman to exert pressure and revise the PTUN law to provide enforcement measures against the relevant TUN officials.
Belajar Nilai-Nilai Kearifan Lokal dalam Penataan Ruang Kampung Adat Bena Grace Megumi Maran, Mary; Theresia Geme, Maria; Peter Lay, Benediktus
Perspektif Hukum VOLUME 24 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i2.302

Abstract

Spatial planning is one of the elements to realize a harmonious life. Spatial planning can be guided by national law and local wisdom. The purpose of this study is to determine and analyze the implementation of spatial planning in Kampung Adat Bena based on local wisdom. In addition, this study aims to determine and analyze the correlation between the implementation of spatial planning in Kampung Adat Bena based on local wisdom with regulations governing spatial planning. This research is an empirical legal research with the approach of legal sociology, legal history, and legislation. The results show that the implementation of spatial planning in Kampung Adat Bena based on local wisdom consists of a planning process, implementation of plans that produce components or areas, as well as prohibitions and sanctions based on local wisdom values adopted by the community. The value of local wisdom such as mutual cooperation, togetherness, justice, benefits, environmental balance, and harmony between Ga'e Dewa and indigenous peoples through the intermediary Ine Ebu. In addition, there are several components in the implementation of spatial planning in Kampung Adat Bena based on local wisdom that have a correlation with laws and regulations on spatial planning. However, the implementation of spatial planning in Kampung Adat Bena based on local wisdom also has several characteristics that are different from those regulated in the laws and regulations on spatial planning.
Hubungan Hukum Kemitraan antara Driver Online dengan Penyedia Layanan Cahyono, Anton; Kusuma, Indra Fredika; Kusumo, Hendro Haryo
Perspektif Hukum VOLUME 24 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i2.311

Abstract

This study aims to find the best way out to realize legal protection for Online Drivers. This study uses a normative legal research type.(legal research, rechtsonderzoek),by emphasizing the implementation of law and conceptual approaches, especially related to partnership agreements. This study is not intended to verify the hypothesis testing. Thus, legal research is not known for hypotheses, and also does not recognize the term data. In legal research, the term legal material is used. The results of this study indicate that there are fundamental differences between partnership agreements and work agreements. Moreover,The partnership relationship between online drivers and application service providers is basically unique, considering that the legal and formal positions of the parties are equal (see Article 36).Law Number 20 of 2008).However, socially and economically online drivers are in a weak position. Therefore, the government as the sovereign should provide legal protection for online drivers in the form of laws and public policies. Legal protection for online drivers is basically intended to protect their rights. This is in line with John Rawls' principle of distributive justice.
Kriteria Iktikad Baik pada Klausul Disclaimer dalam Kontrak Elektronik Kinan Kalam Khalifa
Perspektif Hukum VOLUME 24 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i2.312

Abstract

Electronic contracts are one form of development in the use of contracts. Electronic contracts are commonly used by society in buying and selling activities through electronic systems. Buying and selling through electronic systems is considered to have many advantages, namely increasing their income, market share and profits. However, behind these advantages, there is still a problem, namely the inclusion of a disclaimer clause by the seller in the electronic sale and purchase contract that is not in good faith. This results in losses for consumers because of the difficulty of filing a claim to ask for accountability to the seller. This study uses literature research related to the rules, legislation, and the data collected is analyzed descriptively. The existence of a disclaimer clause must be followed in good faith in accordance with Article 18 paragraph (1) of Law no. 8 of 1999 concerning Consumer Protection or Consumer Protection Law (CPL) regarding the limitation of the disclaimer clause. The use of the disclaimer clause by sellers who do not have good intentions must be held accountable by providing compensation to the injured party (vide Article 19 paragraph (1) CPL).
Asas Kebebasan Berkontrak dalam Perjanjian Surogasi di Indonesia dari Perspektif Hukum Perdata dan Etika Martiana, Annisa Ayu
Perspektif Hukum VOLUME 24 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i2.317

Abstract

Every couple hopes to have children to continue their lineage, but some face difficulties. Modern medical technology, such as In Vitro Fertilization (IVF), offers solutions through surrogacy or womb rental, which involves a contract between the couple and a surrogate. In Indonesia, this practice lacks a clear legal foundation, creating ethical and legal dilemmas. This study aims to explore the application of the principle of freedom of contract in surrogacy agreements from a civil law and ethical perspective. Regarding to the Article 1320 of the Indonesian Civil Code, the study's findings indicate that surrogacy agreements do not meet the objective criteria for a valid contract because the object of the contract, the womb, cannot be considered a legal object or commodity under civil law. Furthermore, the commercialization of the womb conflicts with prevailing moral and ethical values, rendering the agreement null and void by law.

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