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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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Perlindungan Hukum terhadap Anak Perempuan sebagai Korban Tindak Pidana Perdagangan Manusia Rani Kusuma Wardani; Levina Yustitianingtyas
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.v21i1.86

Abstract

The development and advancement of information technology, communication, and transportation in the era of globalization is very rapidly developing, while in line with the development of crime mode, one of the crimes of globalization is the crime of human trafficking against girls today. This study uses normative juridical approach methods, as well as secondary data collected from primary materials, in the form of legal provisions, and their implementation; while secondary legal material is done in the form of literature studies that are then processed and analyzed qualitatively, making it easier for authors to analyze. Often girls become victims of trafficking crimes because of the factors behind the occurrence of trafficking crimes. Therefore, special protection for girls is required, namely the Law of the Republic of Indonesia No. 21 of 2014 on Child Protection, as well as a special Law to protect against people trafficking crimes, namely the Law of the Republic of Indonesia Number 21 of 2007 on the Eradication of People Trafficking, and the Law of the Republic of Indonesia Number 39 of 1999 on Human Rights
Menakar Model Pemakzulan Kepala Daerah di Era Orde Lama dan Kaitannya dengan Karakter Negara Kesatuan La Ode Muhaimin
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.v21i1.87

Abstract

The design of impeachment for a regional head in the Old Order era has similarities in terms of assigning authority to the central government and having a single model. However, it differs in terms of giving roles to the Regional People's Representative Council (DPRD). The difference in the aspect of DPRD involvement is linear with the procedure for filling the position of Regional Head. This study aims to describe the impeachment pattern of Regional Heads in the Old Order era in the perspective of a unitary state and to find the relationship between the impeachment patterns of Regional Heads with the Government's objective of cementing central and regional relations. This research is a normative and literary legal research conducted by examining library materials or secondary data. The material of this research is primary legal materials, namely laws and regulations concerning the impeachment of regional heads issued during the Old Order period. The impeachment pattern of regional heads in the Old Order era experienced a shift, from a decentralized pattern to a centralized pattern after entering the Guided Democracy era. The design of impeachment with a centralized pattern and continued until the end of President Soekarno's rule. The pattern of impeachment which was characterized by centralization during the Old Order era was one of the factors causing the impeachment pattern of Regional Heads to rest in the hands of the Central Government.
Kekuatan Pembuktian Sertipikat Hak Atas Tanah (Konvensional dan Elektronik) Indira Retno Aryatie; Oemar Moechthar; Angela Melani Widjaja
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.88

Abstract

Land is one of the important elements for social lives. Because really that important, the land which was the one of elements of the agrarian in the life of the Indonesian constitutionality has been regulated in Law Number 5 of 1960. This arrangement is intended to ensure a certainty of legal, in which the land was necessary a land registration in order to provide such certainty and legal protection to the rights holders, their rights which later on the outcome of those with registration certificate as a strong evidence. However due to the development of technology that so rapidly now this, then in terms of registering land even until issue certificates have can be done online/electronic. So that with the latest regulation regarding electronic acticity creates a new problem in terms of proof power between conventional certificates and electronic certificates.
Urgensi Badan Hukum Pada Organisasi Kemasyarakatan (Ormas) Berbentuk Perkumpulan (Studi Pokdarwis Desa Kota Kapur, Kecamatan Mendo Barat, Kabupaten Bangka) Derita Prapti Rahayu; Faisal; A. Cery Kurnia; Winanda Kusuma; Komang Jaka Ferdian
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.v21i2.89

Abstract

The role of the community is very strong and cares about the cultural heritage in their area in the form of the Kotakapur site. Communities who are members of POKDARWIS Bekawan, Kotakapur vilage, trying to make a historical tourism village are not easy, it requires the participation of the Regency Government and related agencies in overcoming one by one the problems that become obstacles to the construction of the site. The problem in this writing is what is the scope of Pokdarwis as a community organization? and secondly how is the urgency of legal entities in community organizations in the form of associations?. Problems will be analyzed using normative research methods, by producing answers, namely first, Pokdarwis is a social organization in the form of associations, second, the urgency of legal entities in Pokdarwis is their legal position as legal subjects.
Upaya Arbitrase dalam Penyelesaian Perselisihan Hubungan Industrial Didasarkan Adanya Kesepakatan Para Pihak Andika Dwi Yuliardi; Imam Budi Santoso
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.92

Abstract

One of the efforts to settle out of court is arbitration by emphasizing the principle of a win-win solution. The purpose of this paper is to find out the procedure for resolving industrial relations disputes through arbitration, and to find out the factors that cause arbitration to be less attractive. The type of research used is normative juridical research with a statutory approach. The results of the study indicate that the Arbitrator is obliged to settle industrial relations disputes within a maximum of 30 days, which can be extended to a maximum of 14 working days upon the agreement of the parties. Prior to that, peace is sought, if that fails, the arbitration trial will continue. One or the parties may apply for the cancellation of the arbitration award to the Supreme Court within a period of 30 days from the stipulation of the arbitrator's decision. Factors causing arbitration to be less desirable, namely Industrial Relations Arbitration does not have the authority to settle disputes over rights, settlement through arbitration is not yet familiar enough, arbitration can only be beneficial for honest and trustworthy parties, absolute dependence on arbitrators, there is no precedent for previous arbitration decisions, not possible to object.
Penataan Penataan Kewenangan KPU dan Bawaslu dalam Melakukan Pengawasan dan Menangani Sengketa Proses Pemilu Hananto Widodo; Dicky Eko Prasetio
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.v21i2.93

Abstract

The general election organizing body is an institution designed to have a check and balance function so that it is oriented towards realizing a democratic process in accordance with the constitution. In Indonesia, the institution responsible for the implementation of the general election is not only the General Election Commission but also other institutions, such as the General Elections Supervisory Board and the Honorary Council for General Election Organizers. This study seeks to initiate the structuring of the General Election Commission and the General Elections Supervisory Agency in supervising and handling disputes over the General Election process. This research is a legal research. This research uses a statutory approach, a conceptual approach, and a historical approach. The results of this study indicate that if it is made in stages, if the election participants do not accept the General Election Commission's attitude, then the election participants can appeal to the General Elections Supervisory Agency, and if there are parties who cannot accept the decision of the General Elections Supervisory Board, then the those who cannot accept it should file a lawsuit to the State Administrative High Court.
Pertanggungjawaban Pidana Korporasi Penyedia Konten Pornografi Anak Ika Dewi Sartika Saimima; Fransiska Novita Eleanora; Widya Romasindah
Perspektif Hukum VOLUME 19 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i1.97

Abstract

The rise of child crime is increasing, even using networks on socialmedia (Facebook), the culprit is not only personal, but also the corporation, inhandling it using Law Number 11 of 2008 concerning Information and ElectronicTransactions (ITE), by looking at forms of criminal liability corporation in child pornography content providers. the purpose of the study is to find out the criminal liability of the corporation providing the content of child pornography, and to know the obstacles in the prevention of child sexual crime (social media) through internet media. The results obtained were more emphasizing and directing the accountability of corporations providing child pornography content (official loly candy; s group case studies), and the penalties given to perpetrators could provide: deterrent effects and were given punishments in the form of actions and rehabilitation to perpetrators, and the law Indonesia in tackling child crime on social media
Pemidanaan Tindak Pidana Perikanan Berbasis Kerugian Ekonomi Nurul Hudi
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.v21i2.98

Abstract

Fisheries criminal law enforcement is part of criminal policy or criminal policyIn Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries. The type of punishment known is only the principal punishment, namely imprisonment and fines. This law does not use additional penalties.In punishing the perpetrators of fisheries crimes, it must be understood more deeply and the basis of the punishment must be known.One of the efforts to overcome crime is to use criminal law with criminal sanctions. However, this effort is still often questioned. Punishment is more oriented to the perpetrator while the losses from criminal acts are sometimes neglected. Criminal law policies in the field of fisheries, especially those related to punishment or criminal penalties, must also consider losses from the economic, social and sustainability aspects of fisheries.
Perlindungan Masyarakat Hukum Adat di Wilayah Pesisir Pasca Berlakunya UU Nomor 11 Tahun 2020 Tentang Cipta Kerja Mohammad Zamroni; Rachman Maulana Kafrawi
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.v21i2.99

Abstract

Indonesia as an archipelagic country consisting of large and small islands separated by the ocean with geographical conditions has a total area of ​​7,827,087 Km2 and is located in Equatorial emeralds have a wealth of abundant natural resources, especially in the sea ​​and coastal areas which cover of the territory of Indonesia (5.8 million Km2). Article 18 B paragraph (2) and Article 28 I paragraph (3) of the 1945 Constitution of the Republic of Indonesia as the constitutional basis for recognition and protection the rights of indigenous peoples in coastal areas and small islands. Resource wealth nature in the form of coastal areas and small islands controlled and managed by the state tothe greatest prosperity of the people. State recognition of the existence of the legal community customs related to natural resources are inconsistent. The formulation of the problem from this research is (1) The legal construction of the Job Creation Law on the protection of customary law communities in the territory coast. (2) Implications of the Job Creation Law on the protection of customary law communities in the region coast. The research method in this writing is normative juridical. In summary, the result of In this research, the desired law is a law that provides protection against community members including customary law communities in coastal areas and islands small island, then an impartial legal instrument in the recognition of existence Indigenous Law Communities, for example in the Job Creation Law, which has not been in favor of Protection of Indigenous Peoples in Coastal Areas and Small Islands.
Ratio Legis Kewenangan Diskresioner Kementerian Kesehatan Terkait Regulasi Komersialisasi Vaksin Gotong Royong Corona Virus Disease- 2019 (COVID-19) Dewi Nawang Wulan; Devi Ayunda Rahma; Abdul Ghofur; Benny Djudjuren Tarigan
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.102

Abstract

Regulation of the Minister of Health the Republic of Indonesia No. 18 of 2021 on Changes to the Regulation of the Minister of Health the Republic of Indonesia No. 10 of 2021 on the Implementation of Vaccination in the Framework of Prevention of Coronavirus Disease Pandemic 2019 (COVID-19) as a reference for the implementation of vaccination programs led to a research analysis on the ratio legis of the regulation of commercialization of gotong royong vaccine for legal entities or business entities. Meanwhile, reviewed based on presidential Regulation No. 14 of 2021 on Changes to Presidential Regulation No. 99 of 2020 on Vaccine Procurement and Vaccination Implementation in the framework of Countering the Corona Virus Disease Pandemic 2019 (COVID-19) does not regulate the commercialization of gotong royong vaccine for legal entities or business entities so that the expansion of authority or discretion is seen from the Regulation of the Minister of Health of the Republic of Indonesia Number 18 of 2021,  On the other hand, ministerial decisions that are beschikking / decree are reviewed based on the method of the legislative approach and the concept approach has exceeded the above regulations. The result of this study is that the ratio of legis to support the acceleration of pandemic response and the implementation of vaccination in the scope of force Majeure circumstances is required to assist legal entities, or business entities where it is regulated under the Regulation of the Minister of Health of the Republic of Indonesia interpreted in Presidential Regulation 99 of 2020 Article 17 paragraph (1) letter b included in other sources of legitimate vaccine procurement funding.

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