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Nikmah Mentari
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Jl. Arief Rahman Hakim No.150, Keputih, Kec. Sukolilo, Kota SBY, Jawa Timur 60111 Gedung F1 Fakultas Hukum Universitas Hang Tuah
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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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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.
Prinsip Hifz Al-Mal dalam Tanggung Jawab atas Keterlambatan Penerbangan: The Principle of Hifz Al-Mal in Responsibility for Flight Delays Anugrah, Dikha; Yoga Nugraha, Enggun
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.372

Abstract

This paper aims to analyze airline liability for flight delays from the perspective of Islamic law, particularly through the principle of hifz al-mal as a form of protection for passengers’ economic rights. The study employs a descriptive method with a qualitative approach using library research. Within the framework of an ijarah contract, airlines are obligated to fulfill services as agreed, including punctuality. Delays that result in financial losses necessitate compensation, both under positive law and Islamic principles. The hifz al-mal principle emphasizes the importance of safeguarding financial rights against unjust harm. Therefore, compensation such as ticket refunds, accommodation, or other remedies must be provided proportionally and fairly. This study shows that applying Islamic legal principles can strengthen justice in contractual relations between airlines and passengers.
Pengembangan Model Regulasi untuk Pewarisan Digital Aset Kripto: Perspektif Hukum Indonesia: Developing a Regulatory Model for Digital Inheritance of Cryptocurrency Assets: the Indonesian Legal Perspective Raharningtyas Marditia, Putri Purbasari; Nazhif Kuncoro , Rafi Radithya
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.437

Abstract

The rapid development of digital technology has introduced new forms of wealth, with cryptocurrencies being a prominent example. In Indonesia, these assets have gained significant popularity as investment instruments, but their intangible nature and reliance on private keys for ownership pose serious legal challenges in the realm of inheritance. The research aims to analyze the legal position of cryptocurrencies as inheritable objects and to formulate a viable inheritance mechanism that ensures legal certainty for heirs. This research uses normative legal methods by analyzing relevant statutory law, legal doctrine, and comparative perspectives of the legal system in the Netherlands and the United States. The findings show that cryptocurrencies meet the criteria to be classified as movable and intangible objects, in accordance with Articles 503 and 504 of the Civil Code. Nevertheless, a significant gap was identified between the legal rights of heirs (de jure) and their practical ability to access assets (de facto), due to the lack of uniform technical regulations. Therefore, the research concludes that two strategic steps are needed: the issuance of national technical guidelines to standardize inheritance claims procedures and the development of a "Digital Executor" mechanism, which is officially empowered to manage the digital assets of the deceased.
Legal Protection of Telemedicine Consumers: an Analysis of the Consumer Protection Act and Health Regulations in Indonesia: Perlindungan Hukum bagi Konsumen Telemedisin: Analisis Undang-Undang Perlindungan Konsumen dan Peraturan Kesehatan di Indonesia Seliana, Irma; Prima Anggriawan, Teddy
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.449

Abstract

Telemedicine has become a fundamental part of modern healthcare delivery, transforming the contractual and liability relationships between healthcare providers and consumers. In Indonesia, the growing use of telemedicine raises complex issues in civil law, particularly concerning consumer protection, data privacy, and accountability for malpractice. This study aims to analyze the legal protection of telemedicine consumers under Indonesian law specifically Law No. 8 of 1999 on Consumer Protection, the Civil Code, and sectoral health regulations and to evaluate the civil liability of telemedicine providers when harm or loss occurs. Using a normative juridical (doctrinal) approach, this research employs statutory, conceptual, and comparative methods. The study reviews current laws such as the Health Omnibus Law (Law No. 17 of 2023), the Personal Data Protection Law (Law No. 27 of 2022), the Ministry of Health Regulation No. 20 of 2019 on Telemedicine, and Government Regulation No. 28 of 2024 as its implementing regulation. Findings indicate that Indonesia’s legal framework remains fragmented, with unclear boundaries between consumer law and health regulations. Comparative analysis with international standards reveals the need for a harmonized civil law framework to ensure accountability, guarantee patient rights, and strengthen consumer protection in digital health services.
The Importance of Non-Disclosure Agreements in Employment Contracts: Protecting Trade Secrets Beyond the Terms of Standard Employment Contracts: Pentingnya Perjanjian Kerahasiaan dalam Kontrak Kerja: Melindungi Rahasia Dagang Melampaui Ketentuan Kontrak Kerja Standar Zayyan, Dhaifina; Yudhantaka, Lintang
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.506

Abstract

This study examines the importance of trade secret protection in Indonesia. Trade secret protection is crucial for maintaining honesty and fairness in business competition. Without it, companies can face theft and espionage, which harm the owners of these valuable intangible assets. An NDA is legally binding, meaning that the parties signing the agreement are obligated to comply with all agreed terms. If one party violates the NDA, for example by leaking confidential information, the injured party has the right to seek compensation through legal channels. Law Number 30 of 2000 stipulates criminal sanctions for violations of Article 17 of Trade Secrets or actions that violate Articles 13 or 14, which can be punished with a maximum of two years' imprisonment or a fine of up to Rp 300 million, or through arbitration and alternative dispute resolution methods such as negotiation, mediation, or conciliation, in accordance with Law Number 30 of 1999.
Pendekatan Hukum Pemerintah Indonesia terhadap Pemulihan Aset dari Negara Non- Aeoi: The Indonesian Government's Legal Approach to Asset Recovery from Non-AEEOI Countries Rilo Pambudi, Rustu; Tanzil Multazam, Muhammad
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.399

Abstract

This research aims to analyze the impact of the legal vacuum in international tax treaties on Automatic Exchange of Information (AEoI) on tax avoidance practices in Indonesia, as well as to find ways that the state driven by the government can withdraw assets from individuals and entities hidden in tax heaven countries whose tax treaties do not contain global information exchange standards set by the OECD, the research method used is a normative juridical approach with qualitative analysis. Primary data was obtained through document studies of national and international regulations, while secondary data was obtained from literature, journals, and reports of international institutions such as the OECD and the Global Forum, the results showed that the legal vacuum at the level of technical implementation of AEoI in Indonesia led to the low effectiveness of cross-border data exchange. This opens a gap for taxpayers to move assets to jurisdictions that do not have active AEoI agreements, which ultimately reduces the potential for state revenue from foreign taxes and the inability of the state to retrieve and or confiscate assets from individuals and entities obtained by harming the state and society such as organ trafficking, tax evasion, transfer pricing to corruption, These findings confirm the need for harmonization of domestic regulations with international standards, This recommendation is important to strengthen the integrity of the national tax system and prevent cross-border tax evasion and concealment   practices.           These recommendations are important to strengthen the integrity of the national tax system and prevent the practice of tax evasion and concealment of cross- border assets.
Legal Issues Concerning Consumer Protection in Metaverse Operation in Nigeria: Taking a Leap from Uganda: Masalah Hukum Terkait Perlindungan Konsumen dalam Operasi Metaverse di Nigeria: Mengambil Langkah Maju dari Uganda Atagamen Aidonojie, Paul; Chetachukwu Aidonojie, Esther; Obieshi, Eregbuonye; Odeyinka-Apantaku, Olawumi; Collinsd, Ekpenisi
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.420

Abstract

The Metaverse concept is a unique and trending digital platform, that has transformed commercial and social activities. Despite the prospect of Nigerian commercial activities in the Metaverse, it presents some unique challenges for consumers. Concerning this, the study examines the legal issues surrounding consumer protection in the Metaverse, to adopt possible legal ideas from Uganda’s experience, the study adopted a hybrid method of study, and 317 questionnaires were distributed to respondents residing within Nigeria. The results were analyzed with the aid of a descriptive and analytical approach. The study reveals that the metaverse concept provides significant prospects and potential for consumers. However, there are legal and social issues consumers may encounter. These challenges include a lack of legal measures in safeguarding consumer rights in the metaverse, the incidence of fraudulent activities by fraudsters, and several other challenges. It was therefore concluded and recommended that, for an effective operation of the metaverse that would not violate consumer rights, there is a need to incorporate an effective legal framework that will safeguard consumer interest. In this regard, the study recommends Uganda’s consumer protection laws as a model for the Nigerian government to adopt in safeguarding consumer commercial activities in the metaverse.
South China Sea Disputes: Challenges And Opportunities For Preserving Regional Stability: Sengketa Laut Cina Selatan: Tantangan dan Peluang dalam Mempertahankan Stabilitas Regional Iwan Isnurwanto
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.444

Abstract

The South China Sea (SCS) is a crucible of overlapping sovereignty claims, strategic rivalry, and valuable maritime resources. This article examines the principal challenges that the SCS disputes pose to regional stability—great power rivalry, ASEAN fragmentation, militarization and gray-zone coercion, and limitations of international law enforcement—and explores opportunities to mitigate tensions through diplomacy, legal instruments, confidence-building measures, and regional capacity-building. The study uses recent empirical evidence on trade flows, energy and fisheries significance, maritime incidents, and legal outcomes (notably the 2016 arbitral award) to assess the prospects for stability. The analysis argues that while legal rulings and multilateral norms provide an essential normative framework, political commitment, robust ASEAN coordination, and pragmatic, enforceable mechanisms (including an effective Code of Conduct) are necessary to transform the South China Sea from a chronic flashpoint into an arena of managed cooperation.
The Digitalization of Indonesia’s Commercial Court System for Bankruptcy And Debt Restructuring Proceedings: Digitalisasi Sistem Peradilan Niaga Indonesia untuk Proses Kepailitan dan Restrukturisasi Utang Lie, Sarah Milenia; Sudiro, Ahmad
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.458

Abstract

he COVID-19 pandemic triggered a global economic downturn that significantly impacted Indonesia, resulting in widespread financial distress and an increase in corporate insolvencies. Amid these challenges, Indonesia’s judiciary accelerated the adoption of digital judicial mechanisms through the implementation of the electronic court (e-Court) system. Rooted in a series Supreme Court Regulation, including the most recent Supreme Court Regulation No. 7 of 2022, the e-Court framework modernized court administration and enabled remote hearings, ensuring that justice remained accessible despite social restrictions. This study employs a normative legal research method, specifically statutory and case-based approach, to analyze the evolution and application of the e-Court system, particularly in the context of Suspension of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang or PKPU) proceedings as governed by Law No. 37 of 2004. Using the Garuda Indonesia case (Decision No. 425/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst.) as a reference, the research highlights how e-Court supported judicial continuity and upheld the principles of simplicity, promptness, and affordability as mandated under Article 2(4) of Law No. 48 of 2009 on Judicial Power. The findings underscore e-Court’s crucial role in maintaining economic and judicial resilience, while also identifying challenges regarding procedural legitimacy, technological literacy, and equitable access.

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