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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 162 Documents
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Hak atas Kebebasan Berekspresi dan Berpendapat di Indonesia dengan di Amerika Serikat Muhammad Roqib; Happy Anugraha Sutrisno Putra; Anwar Noris; Hotma Parlindungan Ambarita
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.v20i1.76

Abstract

The right to freedom of expression and opinion is the right to freely express beliefs and opinions through words (spoken), written, printings, pictures, and certain media. But unfortunately, this right is often misused. An old maxim once said: neminem loedit qui suo iure utitur which means “he who uses a right injures no one”. Based on the maxim, a thought has been developed that use of right or authority must be an act according to law, so it is not at once caused an unlawful action. The question of this study compares legals norm between the right to freedom of expression and opinion in Indonesia and United States of America (USA). This study aims to find out the difference between legals norm of right to freedom of expression and opinion towards law system in Indonesia and USA. The right to express and hold opinion both in Indonesia and USA has been recognized as human right under the constitution. Furthermore, the right to freedom of expression and opinion in USA is protected under Virginia Bill of Rights document (June 12, 1776), Declaration of Independence (July 4, 1776), and the Act. While in Indonesia it is guaranteed by Article 28, Article 28E paragraph (2), Article 28E paragraph (3) and Article 28F in Indonesian Constitution 1945. Any restrictions on freedom of expression and opinion in USA is prescribed by court judgement, for example the case of Schenk vs US (1919) and Whitney vs California (1919). Whereas in Indonesia, limitations on the right to freedom of expression and opinion is regulated by some statutes.
Tinjauan Yuridis terhadap Perlindungan Pemodal Platform Crowdfunding Kitabisa.Com Riski Pebru Ariyanti; Aprillaili Aya Tri Kartini; Selvi Wibriana Sari
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.v20i1.77

Abstract

The advancement of information technology has given rise to innovative ways of obtaining financial support for social purposes as well as business interests. Fundraising is not only done conventionally through, but can also be done online, called crowdfunding. The idea of ​​crowdfunding can be said to be in accordance with the culture of Indonesian society which emphasizes the principle of mutual cooperation, but legal issues that deserve to be studied relate to the protection of investors on crowdfunding platforms. The research used is included in normative juridical research using the statutory approach. The results of the study indicate that the protection of investors against crowdfunding platforms in Indonesia has been regulated in OJK Regulation No. 37 / POJK.04 / 2018 concerning Fund Disbursement Services through Technology-Based Share Offering. OJK Regulation No. 37 / POJK.04 / 2018 is a form of implementation of the supervisory function mandated in Law Number 21 of 2011. Legal protection provided to investors has a preventive nature because it contains substance about the obligations of crowdfunding organizers as well as penalties for mentioning sanctions. if there is a violation. As a new regulation issued at the end of 2018, the need for socialization related to the rules of fund services through the offering of information technology-based shares (equity crowdfunding).
Keberlakuan Hukum Penodaan Agama di Indonesia Antara Tertib Hukum dan Tantangan Hak Asasi Manusia Heru Susetyo; Farida Prihatini; Abdurakhman; Nurindah Hilimi; Intan Mahabah; Ira Apriyanti; Suri Rahmadhani
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.v20i1.78

Abstract

Indonesia with its five pillars of Pancasila binds the State and its citizens to "Believe in Almighty" where the religious identity is the spirit of the State that must be respected. This is proven by the existence of Law No. 1/PNPS/1965 concerning the Prevention of Blasphemy that prohibits blasphemy, atheism, or any belief other than the religious identity recognized by the government and law. Article 156 (a) of the criminal code, known as the Criminal Code, also punishes "the dissemination of information aimed at inciting religious hatred or hostility" for five years in prison. In addition, the Information and Electronic Transaction Law (ITE) Law No. 11 of 2008, regulating criminal sanctions for libel, hate speech, and insulting certain religions/beliefs through electronic devices. On the other hand, the 1945 Constitution, as well as the Human Rights Act of 1999 and Law No. 12/2005 concerning Ratification of the ICCPR guarantees freedom of expression, religion, and belief. Criticism of religion is quite limited and support for atheism is definitely still banned in Indonesia. Therefore, this article yearns to explore the dynamics of law enforcement and defamation in Indonesia in national and international human rights regimes. Then, does the law on blasphemy have a legal basis in the Indonesian legal system, national and international human rights regimes, and the surrounding social values? This study compares the application of religious blasphemy laws in several regions in Indonesia and in several Southeast Asian countries.
Peradilan In Absentia sebagai Upaya Pengembalian Aset Milik Negara dalam Tindak Pidana Korupsi Suryadi
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.v20i1.79

Abstract

The In Absentia trial is regulated in Article 38 number 1 of Law Number 31 of 1999 as amended to Law Number 20 of 2001 concerning Eradication of Corruption. The handling of corruption cases sometimes has obstacles in the disclosure of cases, bearing in mind that not a few cases are not revealed and the perpetrators cannot be brought before the court. The purpose of this research is to find out the judiciary in absentia as an effort to recover state assets in corruption. The type of research used is normative legal research. The results showed that theoretically the trial in absentia gave birth to two different views, allowing for the achievement of the legal substance and prohibiting for reasons of violating human rights. However, in the case of the implementation of the trial in absentia, it can be done so as not to violate the defendant's human rights, if the formal requirements have been met. The eradication of corruption does not only talk about the handling or examination of the defendant in front of the trial, but the state through law enforcement tools to save or restore state financial losses through mechanisms both criminal and civil.
Reformasi Struktur Parlemen, Langkah Penguatan DPD Bambang Ariyanto
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.v20i1.80

Abstract

The formation of the Regional Representative Council (DPD) as a representative body that has an equal position with the House of Representatives (DPR) is designed to accommodate regional interests in decision making at the central level. With this kind of design, the implication will be that there will be a change in the structure of parliament to move towards a bicameral parliamentary structure. However, every country that wants to adopt a representative system of both one chamber and two chambers must consider three sides, namely the function of representative institutions, membership of representative institutions, and the process of establishing laws in representative institutions. In this connection, the duties, functions, and authority of the DPD become an important issue in reviewing the parliamentary structure in force in Indonesia. Whether strengthening the parliamentary structure in the representative system in Indonesia will have implications for the functions owned by the DPD. Through normative juridical research with the legislation and conceptual approach, it is known that strengthening the parliamentary structure must be accompanied by strengthening DPD functions, specifically the legislative function, the budget function, and the supervisory function.
Penegakan Hukum terhadap Penyelundupan Pakaian Bekas Dita Birahayu
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.v20i1.81

Abstract

Indonesia is a maritime country that has a wider sea area than land area. Sea provides great benefits for the people of Indonesia, including sources of life for fishermen, transportation routes, recreation areas, sources of electricity generation and sources of foreign exchange. Sea transportation is more efficient than land and air, besides providing positive benefits there is also a negative side of sea transportation, one of which is the illegal smuggling of goods. Smuggled goods are not only in the form of daily necessities, including waste generated from daily activities such as used clothing. The state loss caused by smuggling used clothing reaches trillions of rupiah.
Perlindungan Konsumen Muslim atas Produk Halal Bambang Sugeng Ariadi Subagyono; Trisadini Prasastinah Usanti; Zahry Vandawati Chumaida; Fiska Silvia; Indira Retno Aryatie
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.82

Abstract

Every religious adherent is guaranteed to choose and practice his religion, so the state is obliged to provide protection and guarantee regarding the halalness of the products used and used by the community. Whereas in society there are still many conclusions about various products that have not been guaranteed their halalness and regulations have not provided legal certainty and guarantees for Muslim communities. So to provide legal certainty the promulgation of Law number 33 of 2014 concerning Halal Product Guarantee. The guarantee for the implementation of Halal Products is aimed at providing comfort, safety, and certainty of information on Halal Products for the public in consuming and using Products, as well as increasing added value for Business Actors to produce and sell Halal Products. The halal certificate must be submitted by the business actor in writing to BPJPH while the determination of the halalness of the product is still carried out by MUI through the Halal Fatwa Session. This research is a normative legal research that uses a statute approach and a conceptual approach.
Tinjauan Yuridis Mengenai Perwalian Anak Yatim Piatu yang Masih dibawah Umur Eva Cahyana Dewi
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.83

Abstract

Marriage is a sacred and important legal event in human life. A marriage that is a bond between two individuals can have various legal consequences. Marriage will have legal consequences for both husband and wife, property and children born in the marriage. One of the legal consequences of being born from a marriage is the acquisition of the right to inherit from a child from both parents. However, there are times when a husband and wife have passed away leaving an heir who is not old enough so that the child does not have parents as guardians or so-called orphans. The formulation of the problem taken by the author is the legal consequences of the marriage related to the right to bequeath a child. And the guardianship of orphans in the legal system in Indonesia. This study used normative legal research that is prescriptive in nature. The sources of legal materials in this study are primary and secondary data. As for the collection of data, this study used literature study techniques with a statutory and conceptual approach. Based on the results of the study, the authors obtained answers to the problem, namely a marriage is a legal act that will cause legal consequences to both the husband and wife, property and children born in marriage. In marriage, it is possible for the death of both husband and wife to result in the inheritance of their child. However, since in this case both parents of the child are gone, this agreement cannot be made. Generally, the appointment of a guardian will be based on the contents of the will of the parents. However, if the child does not have a will, then whoever is a relative or other person who wants to become a guardian, needs to submit an application for a ruling to the local Religious Court or District Court.
Perlindungan Hukum Konsumen bagi Penarikan Paksa Kendaraan oleh Debt Collector Novia Dwi Khariati
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.84

Abstract

The pandemic currently being experienced by Indonesia and even throughout the world, namely Covid-19, has resulted in an increase in the needs that exist in society. One of them is the need to make ends meet. Many people today make loans to financial institutions. Basically, in carrying out a contract or agreement, there are consumers who must be protected, in accordance with Law Number 8 of 1999. Every consumer must have their rights protected and guarantees regarding consumer protection get enough attention because as consumers they should be protected from various fraudulent transactions given the right to get clear information and of course the right not to discriminate. Contracts originate from differences or differences in interests between the parties, both parties must show an active attitude in order to reach an agreement so that the intended profit can be obtained. The consequences that arise from this condition of default cause an agreement to be canceled and which is null and void. The formulation of the problem in this paper is how legal protection and dispute resolution for consumers against forced vehicle withdrawals by the deb collector. The purpose of this research is to find out how legal protection and dispute resolution can be carried out by consumers in protecting consumers from finance company companies that use debt collector services. This journal research uses normative juridical research methods, by examining legal norms in the legislation, legal theories and jurisprudence related to the issues discussed. This research approach uses a statutory approach (statute approach) and a conceptual approach (conceptual approach). Based on the results of the study, the authors obtained answers to the existing problems, namely, that the forced taking of a motorized vehicle in the financing agreement is that the consumer has committed default, but if the motor vehicle as an object of fiduciary security is not registered by the finance company at the Fiduciary Registration Office, then the forced retrieval is invalid. Then against forced taking that is not in accordance with these applicable provisions, consumers can file objections to the financing company based on mutual agreement in the financing agreement, but if it cannot be resolved, the consumer can report the forced taking based on the article of confiscation as regulated in the Book of Law Criminal Law (KUHP).
Tanggung Gugat Wanprestasi atas Jual Beli Tanah dan Bangunan di Bawah Tangan (Studi Putusan No. 1593 K/Pdt/2016) Annisa Setiadi; Lady Dara Krismasi; Renani Oktavia; Yuliatin Nur Ningsih
Perspektif Hukum VOLUME 21 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i1.85

Abstract

Efforts to obtain land can be carried out in various ways, one of which is a sale and purchase agreement that must be carried out at a place designated by the Land Deed Making Officer (PPAT). There is not much buying in the sale and purchase of land and buildings made under the hands without going through PPAT, so the selling party cannot fulfill his wishes due to negligence or deliberation (default). The legal consequences of default can be in the form of payment of compensation, replacement or coverage through a judge, payment of compensation for the debtor, payment of case fees before the judge, and agreement that can be done or shared with the help of changing compensation.

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