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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 162 Documents
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Penetapan Lokasi dalam Pengadaan Tanah Skala Kecil bagi Pembangunan untuk Kepentingan Umum Andi Besse Tenri Adjeng; Aminuddin Salle; Farida Patittingi
Perspektif Hukum VOLUME 17 ISSUE
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i1.62

Abstract

Small-scale land acquisition is an activity of providing land by giving fair and fair compensation to the entitled parties. The land area for small-scale land is not more than 5 hectares. This study aims to identify and analyze the implementation of small-scale land acquisition by using the stages of determining the location and analyzing and finding legal implications for land acquisition by using location determining stages. This type of research is an empirical law study in which research serves to see the law in a real sense and examines how the workings of the law in the environment. Data are analyzed qualitatively that is decomposition, depiction, and explanation of certain circumstances, processes or events. The results of the study indicate that the implementation of small-scale land acquisition by using location determination in East Java is through 4 (four) stages of planning, preparation, implementation, delivery of results based on the Decree of Governor of East Java. The decree is inconsistent with the provisions of Article 121 paragraph (3) of Presidential Decree Number 148 of 2015. The legal implications of this investigation are not null and void, but it can only be revoked if a party sues them.
Hak Kepemilikan Tempat Tinggal bagi WNA di Bidang Properti Suwardi
Perspektif Hukum VOLUME 17 ISSUE
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i1.63

Abstract

The residential property sector in Indonesia remains attractive even though there are several factors that have hampered growth over the past two years. The ownership for singles related to property refers to Government Regulation Number 40 of 1996 concerning Building Use Rights, Business Use and Use Rights to Land; Government Regulation Number 41 of 1996 concerning Housing or Residential Houses by Foreigners Domiciled in Indonesia; Law Number 25 of 2007 concerning Investment. Secondly, foreigners can buy or own a house in Indonesia above usufructuary rights, but the maximum time period given is 10 years for land under 2000 square meters. At present, more than 50% of Indonesia's population lives in urban areas. This means that there will be more houses, apartments and condominiums to be built in Indonesian urban areas to meet growing demand. This situation also implies that due to lack of land availability in urban areas, prices tend to rise rapidly, while developers need to increasingly focus on vertical property development such as apartments and condominiums.
Perlindungan Hukum bagi Pembeli atas Hak Milik Tanah dalam Menikmati Fungsi dan Manfaat Tanah sebagai Pemegang Hak Milik Bayu Sagita Damopolii; Imam Koeswahyono; Moh. Fadli
Perspektif Hukum VOLUME 17 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i2.67

Abstract

In the process of buying and selling land as the basis for the transition of land rights from the seller to buyers in the area of Bolaang Mongondow, especially in Lolak Village District Lolak is done in two ways, namely the process of buying and selling as in general the sale and purchase of land ownership is a unity of land and buildings and plants above it and the process of buying and selling of land is not a unity between the land and buildings and plants above it or the sale and purchase by using the principle of separation horizontal is separate sale and purchase. However, in the development of the practice of the process of buying and selling land that is considered as part of the process of buying and selling property rights on customary land or customary law, it raises legal problems, the process of buying and selling property rights on land that can not provide legal protection of the status of property in full for the buyer in the land and enjoy the benefits and functions of the land itself.
Model Partisipasi Masyarakat dalam Pembentukan Peraturan Daerah Menurut Undang -Undang Republik Indonesia Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah King Faisal Sulaiman
Perspektif Hukum VOLUME 17 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i2.68

Abstract

This research aims to find out and explain juridical issues about the model used in the formation of regional laws based on Law Number 23 of 2014 and the inhibiting factors of public participation. The ideal alternative model for the preparation of future Regional Regulations. The research method is in the form of normative legal research (legal research) which originates from primary legal materials, secondary legal materials and tertiary legal materials. Statute approach dan conceptual approach. In this study using descriptive- qualitative analysis. Research comes to the conclusion that the 2014 Law Number 23 Year has guaranteed the space for public participation, but the participation model has not been comprehensively regulated. There are various factors inhibiting public participation, such as the political will of policy makers (DPRD and Regional Government), and the attitudes of the public and the media. Finally, a low regulatory factor and a bureaucratic culture that does not provide sufficient space for public participation in the formation of regional regulations. In the future there must be ideal participation models in regional regulations that are clearly regulated in formal regulations, including: First, the public must be actively involved in every stage of the formation of regional regulations. Second, establish permanent cooperation with the formation of regional regulations (DPRD and local government) in providing input on material that will be regulated in the regulations.
Penetapan Diversi terhadap Anak yang Terlibat Narkotika Mita Dwijayanti
Perspektif Hukum VOLUME 17 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i2.69

Abstract

Diversion means the diversion of crime problems from legal process to being outside the legal process. The issues raised in this paper are the Arrangement of the Diversion of Children Involved in Narcotics Crime; and how the judge decides against children who are dealing with the law in the order to save the best interests of the child. In its implementation, although this diversion is applicable to save children and the judicial process but not fully implemented because of Law No. 11 Year 2012 have the terms and conditions of the Diversion, one of which is the assumption of children who commit a narcotic crime is not allowed to complete Diversion, children in conflict with the law can damage the public system, public issues as a result of the child's mischief, a children facing the law should enter the Penal Institution.
Harmonisasi Equidistance Line Principle Danmedia Line Prinsiple dalam Penentuan Batas Wilayah Laut Ria Tri Vinata
Perspektif Hukum VOLUME 17 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i2.70

Abstract

Determination of maritime boundaries using the median line or equidistance principle for maritime boundary disputes also considers other factors outside the distance factor. The concept of relevant circumstances is closely related to the principle of equity. In determining the boundary sea boundary boundaries are not bound by strict legal norms to balance all inherent conditions to find fair results. There are many relevant situations related to geographic and non geographical factors, the application of Equidistance Line with relevant circumstances. This is a legal approach to delimitation of sea boundaries. However, in the practice of the country in the 19th and early 20th centuries for the determination of sea territorial boundaries, especially for territorial sea, namely the median line, thalweg line, perpendicular line, and prolongation of the land boundary, the median line is the most widely applied method by the state. other countries in determining the territorial sea boundaries.
Penanganan dan Perlindungan Hak Asasi Manusia terhadap Pengungsi (Refugees) dan Pencari Suaka (Asylum Seekers) di Indonesia Sesuai Pengkajian Perpres 125 Tahun 2016 dan Implementasi Peran Rumah Detensi Imigrasi dalam Penanganan Pengungsi di Luar Negeri pada Masa Pandemi Covid-19 M Almudawar; Ichsanoodin Mufty Muthahari
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.71

Abstract

The form of a state is the basis of one of the state instruments whose threats originating from external to the state must be considered. With state security instruments originating from external threats, it is necessary to have cooperation from various state instruments, both institutions that are under the auspices of the executive, legislative and judicial tasks. One of the instruments of state institutions that have security and carry out these tasks is the Directorate General of Immigration, which apart from the services of Kei, Law Enforcement and Facilitator of Community Welfare Development, one of the functions referred to in the above discussion is the state. The legal basis held by Immigration is Law Number 6 of 2011 concerning Immigration and several other legal instruments for security and other supervision. The Directorate General of Immigration detected several other agencies related to the duties of state security instruments. The state problems that have occurred in Indonesia related to security lately are the presence of a population of Refugees and Asylum Seekers in Indonesia, the largest number of Refugees (Refugees) in Indonesia are Refugees who come from Afghan citizens. The reason the country has many large-scale refugee movements is because the country has reached an internal conflict in their country, and there are many phenomena of human rights violations such as violence, and inequality against women which is a basis for the freedom of a person's rights. The State of Indonesia legally and legally does not handle problems against Refugees (Refugees) because the State of Indonesia does not have the 1951 convention and the 1962 Protocol in Geneva, Switzerland which intensively discusses the handling of Refugees which was adopted by the United Nations as a form of elaboration of the United Nations (UN) Charter. and the Universal Declaration of Human Rights, in which the agreement intends to address and address the problems of Refugees, whether from threats of violence, rebellion, murder for various reasons due to ethnicity, race, religion and other political interests. Keywords: State Security, Refugees, Asylum Seekers, Human Rights.
Analisis Yuridis terhadap Pemutusan Hubungan Kerja Secara Sepihak dikarenakan Alasan Usia Rizki Akbar Maulana; Imam Budi Santoso
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.73

Abstract

Termination of employment should not be used unilaterally because in the legislation it has been explained in depth regarding the permitted termination of employment. The purpose of this study was to analyze the case of unilateral termination of employment with reasons in accordance with Supreme Court Decision No.450/K/Pdt.Sus-PHI/2021. The reasearch method used is normative juridical with the reasearch approach used is case based by combining existing legal facts. Based on the reasearch that has been carried out, unilateral termination of employment is not permitted under the law. However, it can be allowed for certain reasons. In the case of unilateral termination of employment due to age, it is not explained in detail in the Act, but the termination must go through a negotiation process and if there is no agreement, the employer or employee can apply through the relevant institution, in this case the agency industrial relations settlement. Keywords: Employees; Work termination; Businessman; Age.
Aspek Agunan sebagai Perlindungan Hukum bagi Bank Selaku Penyedia Layanan Kredit Online Fransisca Utami Masakke; Irena Hapsari; Syaukah Az-Zahro
Perspektif Hukum VOLUME 20 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i1.74

Abstract

The implementation of lending and borrowing money or credit in general requires an additional agreement in the form of a guarantee agreement for the safety of the loan. Debt guarantees are giving confidence to creditors over the payment of debts they have given to debtors, this is due to the law or the issuance of an agreement that is assessoir of the principal agreement. Regarding the nature of the collateral agreement is the assessoir, that agreement follows the principal collateral in the form of a debt or credit agreement. The type of debt collateral can be in the form of material collateral which will give rise to material rights or individual collateral, commonly referred to as borgtocht which will give rise to individual rights as stated in Article 1820 BW. In general, creditors choose to use a material security, because by holding a material security the creditor's position will become the preferred creditor and the material rights over the guarantee will be transferred to the creditor who will give the right to receive debt payments in advance of the execution of collateral objects. In contrast to individual guarantees that only give rise to individual rights and can only be defended to the party making the agreement. However, if credit is done online with electronic mechanisms, how can collateral that can convince and protect creditors as the provider of online credit facilities.
Implementasi Gerakan Anti Korupsi sebagai Upaya Pencegahan Korupsi pada Lembaga Anti Korupsi di Propinsi Jawa Timur Emmilia Rusdiana; Nurul Hikmah
Perspektif Hukum VOLUME 20 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i1.75

Abstract

The anti-corruption movement introduces the publik that prevention efforts are better than efforts to eradicate corruption itself. This case has been conducted by an anti-corruption activist representing the community. The purpose of this research is to know the experience and understanding in supporting and realizing the anti-corruption movement as an effort to prevent corruption in East Java society. This type of research is sociological juridical and analyzed qualitatively. The results of the discussion showed that Malang Corruption Watch (MCW) and the Judicial Commission of the Republik of Indonesia liaising East Java had implemented an anti-corruption movement with a focus on publik education and capacity building for youth and students and had exercised their authority and duties in realizing judges who were committed to implementing the Code of Ethics and the Judge's Conduct Guidelines (KEPPH) by monitoring special hearings on corruption cases.

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