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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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Aspek Kriminologi Tindak Pidana Korupsi Dewi Setyowati Dewi Setyowati; Sisca Muji Rahayu
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.v21i2.104

Abstract

Corruption that is happening in Indonesia today, is already in a very serious position and is deeply rooted in every aspect of life. The development of corrupt practices from year to year is increasing, both in terms of quantity or amount of state financial losses as well as in terms of quality which are increasingly systematic, sophisticated and have expanded in scope in all aspects of society. Corruption is an act that can not only harm the state's finances but can also cause losses to the people's economy. This paper explores the criminological aspects of corruption. In the decision Number: 95/Pid.Sus-TPK/2019/PN. Sby stated that law enforcers from court institutions, namely the scope of the Registrar's Office, were involved in cases of criminal acts of abuse of authority which indicated a criminal act of corruption, namely bribery. The need for clear legal accountability for government officials in carrying out their duties and authorities is an essential requirement in an effort to realize law enforcement for criminal acts of corruption with legal certainty and justice.
Makna Keterbukaan dan Implementasi Pancasila sebagai Ideologi Terbuka Vivi Elizabeth
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.v22i1.106

Abstract

Pancasila is the ideological basis of Indonesia. Increasingly, it can be seen that there are fewer Indonesian people who apply the characteristics of the Pancasila ideology. Ideology has an important function in compiling and instilling confidence in the concept of the ideals of the state to its citizens so that it can be a source of inspiration in realizing ideals. In this journal article the author uses normative research methods as a type of legal research that focuses on pure law and positive law. The author uses the type of qualitative research analysis. Where this type of analysis has a system of collecting data and theories of books, journals, and websites that are in line with the research chosen by the author. In the sense of an open ideology, there is a flaw in the idea that does the openness of an ideology mean that all forms of ideology and interpretation can be swallowed up? It should be remembered that the open nature here is to interact with the surrounding environment which is focused on the instrumental value, not just the basic value.
Urgensi Kebijakan Pendanaan Jaminan Kesehatan Masa Pandemi Covid-19 di Indonesia Menurut Undang - Undang Nomor 40 Tahun 2004 Tentang Sistem Jaminan Sosial Nasional (SJSN) Novi Eka Kusuma Putri; Monica Vita Agustin; Muhammad Kuswanto; Ni Wayan Wiwin Oktori
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.v22i1.109

Abstract

The purpose of this study is to determine the urgency of the health insurance funding policy during the Covid-19 pandemic in Indonesia according to Law Number 40 of 2004 concerning the National Social Security System (SJSN) and the implementation of the National Health Insurance in Indonesia in terms of funding aspects during the Covid-19 pandemic. after the issuance of Presidential Regulation Number 64 of 2020. The results of the study show that: 1) The urgency of the health insurance funding policy during the Covid-19 pandemic in Indonesia according to Law Number 40 of 2004 is the fulfillment of the implementation of health insurance that is affordable by all Indonesians fairly and evenly to realize prosperity in accordance with the Act. To reduce the burden and impact of the Covid-19 pandemic, the Government and the community must work together in building a strong national health system through financial support in the form of contributions as has been formulated and determined. 2) The issuance of Presidential Regulation Number 64 of 2020 was carried out during the Covid-19 pandemic which was endemic, the government was more present in the regulation. Most of the around 80% of the participants are guaranteed by the government.
Urgensi Pembatasan Prinsip Kebebasan Berkontrak Dalam Perspektif Historis Mohammad Zamroni
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.113

Abstract

The principle of freedom of contract is influenced by the understanding of individualism that gives birth to the freedom of everyone to obtain what is desired and what is not desired in the realm of private law. Based on the principle of freedom of contract, anyone has the right to make agreements freely without any restriction. But in practice, the principle of absolute and unlimited freedom of contract turns out to create injustice in society, especially if agreements are made by parties whose positions are unbalanced. The weaker party often experiences injustice, so the people then want the weaker party to get protection. As the development of ethical and socialist understandings, the principle of freedom of contract experiences change, so that it is no longer absolute and without limits. This research is intended to analyze the urgency of limiting the principle of freedom of contract in a historical perspective.
Harmonisasi Pola Pengelolaan Keuangan Faskes Di Lingkungan Kementerian Pertahanan Dan TNI Dengan UU No. 44 Tahun 2009 Tentang Rumah Sakit Sutarno
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.114

Abstract

Since the enactment of Law Number 24 of 2011 concerning the Social Security Organizing Agency, there has been a very fundamental change in terms of Health Services. Health facilities within the Ministry of Defense and TNI which also affect budget governance. This legal research is a normative law with sources of primary and secondary legal materials that aim to review and analyze the legal rules regarding the management of income income received by Health Facilities within the Ministry of Defense and the TNI based on Law Number 44 of 2009; and reviewing and analyzing conflicting norms for the use of the TNI Health Facility as of the enactment of Law Number 24 of 2011 concerning the Health Insurance Administering Body. The results showed that the TNI Hospital which is a health facility owned by the Government should be subject to the rules contained in RI Law No. 44 of 2009 concerning Hospitals.
Penegakan Hukum Dalam Perspektif Hukum Progresif Ufran
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.115

Abstract

The Failure to enforce law and justice will be one of the factors of social dis-integration. If it is responded well and systematically it will be a threat to a country's failure. These initial symptoms can be seen from the emergence of various vigilante acts. The empty spaces filled with violence are caused by the vacuum of law. The law fails to do its job to solve social problems that arise. The explanation in this paper seeks to analyze the root problem of the failure of law enforcement in Indonesia seen in the perspective of the legal system by Friedman. To analyze the solution, the perspective used is an analysis of the style of progressive law as stated by Satjipto Rahardjo. The use of these two perspectives is expected to be able to describe well the real fundamental problem in our current law enforcement
Kedudukan Janda Murtad Dalam Pembagian Waris Atas Harta Pewaris (Suami) Qisthina Armalia Hirzi; Ani Setiawati; Afdol
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.116

Abstract

The research entitled "Apostate Widow’s Position In Sharing Her Heir’s Property",withthe problem of an apostate wife, so that it is necessary to question the right of an apostate widow to the property of the heir (husband), related to the obligatory will. Research based on legislation and case studies can obtain a conclusion that obligatory wills are known in Islamic law given to people who are not heirs because there is no blood relationship with the testator or because he is an heir but for some reason it is not recognized as an expert inheritance. people who have close relations with the testator but are not heirs because there is no blood relationship with the heir, including the adopted child. Widows according to Islam Law Compilation Book are heirs, although not because of blood relations, but if the widow is an apostate, then she is not as an heir, therefore the widow gets a part of the heir's assets but in the form of a mandatory will.
Parameter Pengawasan Politik Dewan Perwakilan Rakyat Republik Indonesia Menurut Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Hananto Widodo
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.117

Abstract

Amendments to the 1945 Constitution have provided support to the DPR, including strengthening the DPR's oversight function. Article 22 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The DPR's supervisory function as a compilatory composer is elaborated in Article 79 paragraphs (2) and (3) of Law No. 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3). In Article 79 paragraphs (2) and (3) of MD3 Law only norms are formulated which become the object of interpellation and the questionnaire rights are legislation and policies. The formulation of Article 79 paragraphs (2) and (3) does not explain the parameters used by the DPR to request policies from the Government. The purpose of this article is to provide parameters for the use of interpellation rights and questionnaire rights to government policies. This type of research in this paper is normative research. With primary legal material for the 1945 Constitution of the Republic of Indonesia and Law No. 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3). The parameters of the right of interpellation and the right of questionnaire to government policies that were born from free government authority are general principles of good governance (AAUPB).
Kewenangan Badan Koordinasi Penanaman Modal Pasca Berlakunya OSS Santhy Ainun Adrianty; Lydia Goutama; Nadya Rizky Nakayo
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.118

Abstract

Government Regulation Number 24 regulates business licensing by integrating electronic system or Online Single Submission (OSS). In the implementation of the OSS system, it still faces many obstacles. The existence of Government Regulation Number 24/2018 tends to violate Law Number 25 of 2007 (hereinafter referred to as the Investment Act) concerning Investment because it was allegedly that the OSS institution took over the authority of the Investment Coordinating Board (BKPM) while the Investment Law states that investment licensing is the domain of BKPM. This results in a contradiction in the principle of Lex Superior Derogat Legi Inferior, where the principle states that lower regulations (PP) may not conflict with higher regulations (the Investment Law). In addition to the contradictions in the laws and regulations, OSS also still faces another obstacle, which is the lack of OSS infrastructure, so that the purpose of accelerating licensing services cannot be optimally implemented.
Kajian Yuridis Badan Bank Tanah dalam Hukum Agraria Indonesia Kafrawi; Rachman Maulana Kafrawi
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.v22i1.119

Abstract

The problem of land acquisition is a problem that always arises in development activities. The emergence of land speculators who take advantage of the project infrastructure development. In the end, this causes development projects to be difficult to implement, and even fail or be abandoned altogether. Therefore, in Law Number 11 of 2020 concerning Job Creation, the government establishes a land bank agency that functions as land manager. The result of this research is that the existence of a land bank agency has existed both constitutionally in the Indonesian agrarian law system, namely in Article 33 Paragraph (3) of the 1945 Constitution, which is then implicitly enshrined in Article 2 paragraph (2) of the UUPA. The land bank agency is a form of authority of the State Controlling Rights over Land (HMN) which carries out the function as land manager. The regulation of land bank entities in Law Number 11 of 2020 concerning Job Creation places investment as a top priority, in addition to several other objectives, such as public interests, social interests, national development interests, economic equity, land consolidation and agrarian reform. This is different from the concept of land banks in several other countries, such as the Netherlands, Sweden and the United States, which are broadly focused on welfare. The implementation of land banks in these countries is very dependent on the needs of the community in a particular area, because that will determine the objectives and focus of the land bank specifically.

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