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Nikmah Mentari
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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 166 Documents
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Surat Paksa dalam Penagihan Pajak Kendaraan Bermotor dan Bea Balik Nama Kendaraan Bermotor Terhadap Peningkatan Pendapatan Daerah Provinsi Maluku Heillen Martha Yesephine Tita
Perspektif Hukum VOLUME 16 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i1.42

Abstract

Regulations on the national taxation have explicitly regulated the obligations that are inherent in the status of ownership of motor vehicles. It means that the obligation to pay taxes is a responsibility the person or entity as the owner of motor vehicles shall carry out based on the provisions of prevailing regulations on the taxation. Therefore, the retard the owner of the motor vehicles undertakes in carrying out the obligations of taxations constitutes a serious problem in Maluku province. In fact, the coercion letter issued by the Genderal Directorate of Taxation as a means to give warning to the owner of motor vehicles who neglect to pay off the tax debts and transfer tax of the motor vehicles does not still function well and still violates the determined procedures that, therefore, contributes to the regional revenue in taxes.
Penjadwalan Kembali (Rescheduling) Tagihan Murabahah di Bank Rakyat Indonesia Syariah (BRIS) Kota Pekanbaru Berdasarkan Hukum Islam Taufiqul Hulam; Muhammad Azani
Perspektif Hukum VOLUME 16 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i1.43

Abstract

Rescheduling Murabaha bill on Islamic banking is suspected to add the amount of remaining bill that is unclearly allocated and categorized as usury. The research is a socio-legal study by using primary, secondary and tertiary data sources. The data are collected through observation, interview and documentation. The results of the research show that firstly, rescheduling the murabaha bill in Bank Rakyat Indonesia Syariah (BRIS), Pekanbaru City branch is to make a new contract of the rescheduling, while the previous contract is declared null and void. Secondly, in fact, BRIS Pekanbaru City branch does not fully apply the provision that the amount of Murabaha bill can not be increased. In practice, BRIS only calculates the amount of months that become the customer’s responsibility by reducing the amount of installments, and does not calculate the amount of Murabaha remaining bill before rescheduling. Thirdly, if the party does not fulfill his/her obligations or if there is a dispute between the parties, the dispute will be settled through mutual consultation, the National Sharia Arbitration Board and the Religious Courts. The parties can primarily conduct deliberations to solve the problems.
Perlindungan Hukum Rahasia Dagang Terhadap Masyarakat Ekonomi Asean (MEA) Indriyana Dwi Mustikarini
Perspektif Hukum VOLUME 16 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i1.44

Abstract

Countries as member of the ASEAN established economic community to provide easy entry and exit of goods from the Southeast Asia countries. It aims to creating fail economic growth in Southeast Asia, improving living standards and reducing the poverty. This situation had an impact on the existence of intellectual property rights, primarily trade secrets to be protected because the trade secrets do not legally require registration. The research method uses a legal research. The legal research is a process of finding the laws, legal principles and the legal doctrines in order to answer the legal issues. The approach that is used in the legal research is statute approach. The results of the research are that legal protection of trade secrets toward the ASEAN economic community covers producing methods, processing methods, selling methods, or other information on technology and/or business that has added values but the public do not know. Property rights can be obtained without registration. The legal protection of trade secrets is regulated in TRIPS and Act No. 30 of 2000. However, regulation of property rights on the trade secret rights is still not available, so there is legal uncertainty.
Pengembangan dan Penataan yang Setara Berkeadilan Terhadap Minimarket di Kota Pekanbaru berdasarkan Peraturan Daerah Kota Pekanbaru Nomor 09 Tahun 2014 Tentang Pengelolaan Pasar Rakyat, Pusat Perbelanjaan dan Toko Swalayan Yalid
Perspektif Hukum VOLUME 16 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i1.45

Abstract

This research aims to describing and analyzing the equal and fair development and arrangement of minimarket in Pekanbaru based on Regional Regulation of Pekanbaru City No. 09 of 2014 on the Management of People's Market, Shopping Center and Supermarket; and explaining the obstacles and efforts to overcome the equal and fair development and arrangement of minimarket in Pekanbaru City. The research method is socio-legal research. The conclusion of the research is that based on the Regional Regulation No. 09 of 2014, the establishment of minimarket shall be based on RTRW, RDTRK, and zoning regulations; and that developing and arranging minimarket equally and fairly in Pekanbaru City still meet some obstacles. To overcome the obstacles, the Government of Pekanbaru City has carried out some efforts, so that the equal and fair development and arrangement of minimarket in Pekanbaru City can continuously run well.
Eksekutabilitas Penetapan Penundaan Pelaksanaan Keputusan Tata Usaha Negara Asmuni
Perspektif Hukum VOLUME 16 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i1.46

Abstract

The research discusses the issues that emerge from executing the postponement stipulation of the administrative decision implementation and the concept of regulating the execution of postponement stipulation of the administrative decision implementation that can protect the interests of litigants. The research constitutes a normatively legal research. The used approach is the conceptual and statute approaches. The result of the research shows that postponing the administrative decision implementation makes applicable power of the sued administrative decision suspended temporarily; postponing the administrative decision implementation makes legal circumstances back to the first position, prior to the administrative decision disputed; and postponing the administrative decision implementation restricts to apply the principle of the legal presumption. Due to the influence of the postponement stipulation of the administrative decision implementation, it is necessary to put philosophically and theoretically and juridically legal reasons on the judge decision. The public interest reason is not required, because the administrative decision on the public interest has not become the State Administrative Court authority since the first time. The legal instruments used to postpone the execution of the administrative decision is an interlocutory decision not stipulation.
Bitcoin sebagai Alat Pembayaran Online dalam Perdagangan Internasional Dwikky Ananda Rinaldi; Mokhamad Khoirul Huda
Perspektif Hukum VOLUME 16 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i1.47

Abstract

The growth of national economy encourages a significant change in the financial sector, especially a means of payment. Starting from the barter, the means then changes to be the goods or commodities, and finally the metal and paper as a raw material of money. The form of money as a means of payment continuously changes namely in the form of checks and transfer form that allow payment through transferring funds from the account balances among financial institutions, especially the banks. The economic need continuously grows so that it shifts the ways of trade transactions from conventional to internet based one that is known as e-commerce. One of the International online payment means required in an e-commerce transaction is Bitcoin. Bitcoin is an electronic coin that uses a system of peer-to-peer network that is open source. Bitcoin is not a virtual coin and not the legal means of payment in Indonesia. The legal means in Indonesia is the rupiah. It has been described in Article 1 section (2) of Act No. 7 of 2011 on Currencies that the the coin used for payment transactions in Indonesia is the rupiah.
Kedudukan Hukum Persewaan Tanah Negara Iwan Permadi
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.48

Abstract

This paper examines how the legal status of leasing the public land in deal with the State's Right of Controlling is and how the further regulating them in the implementation of regional autonomy is. The used method is a normative legal research with secondary data sources through primary legal materials, secondary and tertiary. The results show that leasing the land that the object is a public land constitutes an action against the law, because the state is in fact not the owner of the land. The state only has the right to control the public land and the only the owner has the right to lease the land. Therefore, there is a smuggling law in case of leasing the public land through enacting the regional regulations that contain the permit to use the public land, that the third parties can use public land but the third party must pay a sum of money.
Upaya Tuntutan Hak yang dapat Dilakukan oleh Pihak yang Berkepentingan terhadap Akta Notaris yang Cacat Yuridis Ghansham Anand; Agus Yudha Hernoko
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.49

Abstract

The deed made by notary has the strength of perfect evidence, both in formal and material aspects. Therefore, a notary must be accountable for the accuracy of the deed formally and materially. If the deed is not made as determined by regulations, it will impact on juridical defect of the deed and on authenticity loss of it or on cancellation of it. If the comer faces a notary to formulate and write his/her action or actions into the authentic deed in accordance with the authority of the notary, and then the notary makes the deed in accordance with the comer request or desire, in this case it provide the basis that it has occurred an engagement between the comer and the notary. Therefore, in addition to the main task that the notary pours the desire or the will of the parties who require his/her services into authentic deeds, the notary also has the obligation to ensure the validity of the authenticity. Act No. 2 of 2014 and the provisions of Article 84 and 85 of Act No. 30 of 2004 on Notary governing provisions of witnesses, do not regulate the procedure of imposing sanctions on the notary, as cost replacement, compensation and interest. Similarly, the procedure of verification to cancel the notary deed or to state that the deed only has the strength of evidence as the deed under the hand.
Keagenan Bank dalam Perspektif Common Law System Andika Persada Putera
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.50

Abstract

The rapid development of the national economy and banking external environment, causing banking activities not only engage in activities that are primary (core business), but also non-core business such as agency activities as Mutual Fund Sales Agent (APERD) and Bancassurance. In the concept of the common law system, the agency as the center of all business affairs as a business owner can not do your own business, so delegating affairs to agents as a mediator. There is a legal relationships and trust (fiduciary relationship) between the principal and the agent acting on behalf principal. In addition, there is an element of supervision of the principal to the agent so that the agent must comply under the supervision of the principal. Supervision is an essential element that determines the existence of an agency relationship, so it is a vertical relationship between principal and agent. The principal control components in the form of action directives, orders, limitation of power agents and monitoring the agent's action
Politik Hukum Pengaturan Unsur Pimpinan Partai Politik Kuswanto
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.51

Abstract

Political party is a precondition for democracy. Political party should receive public trust to exist as the people’s representative. Indonesian politics today distrusts the political party. Because of commiting criminal offense such as corruption, many politicians are prosecuted. To respond this situasion, the dignity of the political party needs to be restored. This article recommends that requirements of political party leader should be regulated in legislation. Political party leader should have moral and ethics capability higher than its regular member. Furthermore, this article also recommends that the Law Number 2 of 2008 should be amended to accommodate this research finding.

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