{"title":"HAMBATAN HUKUM DALAM DIPLOMASI MARITIM SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA KELAUTAN","authors":"Dita Birahayu","doi":"10.30649/PHJ.V19I1.194","DOIUrl":"https://doi.org/10.30649/PHJ.V19I1.194","url":null,"abstract":"Forms of Indonesia as an archipelagic state struggle began Juanda Declaration of 1957 to the United Nations on the Law of the Sea in 1982. As a form of struggle Negara Indonesia in defending its maritime territory, there are legal barriers in an effort to enforce the maritime vision requiring maritime diplomacy as one solution. Through maritime diplomacy, national interests can be accommodated. The complexity of the problems that arise in the maritime region of Indonesia, the government of Indonesia should strengthen sectors including sectors related to maritime law. The purpose of this study are expected to know at the same time prevent any obstacles that arise in the implementation of maritime diplomacy. This study uses normative. (","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90154605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERBANDINGAN HUKUM MENGENAI BATAS USIA PENSIUN BAGI PEKERJA DI SEKTOR SWASTA DALAM SISTEM HUKUM KETENAGAKERJAAN DI INDONESIA DAN MALAYSIA","authors":"R. Indratno, Mochamad Muchlis, Zaki Fathullah","doi":"10.30649/PHJ.V19I1.196","DOIUrl":"https://doi.org/10.30649/PHJ.V19I1.196","url":null,"abstract":"The objective of research was to analyze the comparative legal provisions concerning labor law in Indonesia and Malaysia, especially concerning the retirement age for workers in the private sector in Indonesia and Malaysia. The comparative focused on legal reconstruction and was arranged with micro comparison approach. The journal was arranged with normative juridical method and also with statute, comparative of law and conceptual approaches. Based on the results of the study, it can be concluded there are no strict rules concerning retirement age in Indonesia labor law, that matter can create legal uncertainty for employers and workers, while in the Kingdom of Malaysia the rules concerning the retirement age limit have been strictly regulated in Act 753/2012.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80832145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"KUOTA PEREMPUAN DI DPRD JAWA TENGAH PADA PEMILU 2014 DAN PEMILU 2019","authors":"Hamidah Abdurrachman, Ratna Riyanti, R. Nugraha","doi":"10.30649/PHJ.V19I1.195","DOIUrl":"https://doi.org/10.30649/PHJ.V19I1.195","url":null,"abstract":"Gender equality in Indonesian legislature has not yet reached its expected state. Despite numerous agreements, conventions, and affirmative actions that were taken so far to promote the agenda, the fact of the matter is that female politicians are still quite rare in Indonesian legislatures, compared to their male counterparts. Among some of the deciding factors that hinder women’s participation in politics, gender gap and transactional relationship in the election system are deemed to be the main ones. This article wants to address this problem by analysing the regulation of Indonesian general election and the way it affects female representation in regional Indonesian legislatures. Using a normative approach, this article will discuss secondary data through qualitative analysis. We have examined the number of female politicians in five regional House of Representatives in Central Java based on the election result of 2014 and 2019. Our findings showed that women's participation in those legislatures has not yet reached the 30% quota expected by the regulation. Based on this finding, we propose two necessary steps to attain the 30% quota goal. The need of a political warrant in practical level for female politicians beyond political party legitimacy and number-ordering of their candidacies.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"131 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86635677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI DI INDONESIA","authors":"Rini Retnowinarni","doi":"10.30649/PHJ.V19I1.192","DOIUrl":"https://doi.org/10.30649/PHJ.V19I1.192","url":null,"abstract":"Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87034320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PENYELESAIAN SENGKETA PERBANKAN SYARIAH OLEH PENGADILAN AGAMA KOTA BATAM PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012","authors":"A. Riyanto, Rizki Tri Anugrah Bhakti","doi":"10.30649/PHJ.V18I2.162","DOIUrl":"https://doi.org/10.30649/PHJ.V18I2.162","url":null,"abstract":"Islamic banking is experiencing growth both in Indonesia and in the world. In Indonesia, the growth of the number of Islamic bank offices continued to grow. This shows that community needs for Islamic banks are very high. The government of course has to deal with this development. The most substantial improvement is the existence of policies regarding the regulation of Islamic banking. This is very important because the banking sector is very sensitive, especially the possibility of a dispute between the customer and the bank is also quite large. These disputes must eventually be resolved by both parties, namely the bank and the customer because both of these parties have the same position as the parties concerned. This study aims to describe the competence of the Religious Courts in resolving sharia banking disputes as well as knowing the obstacles faced by the Religious Courts in deciding Islamic banking disputes. The type of research used is empirical juridical. The results of the study can be a reference for further research and become a reference source for related subjects.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"78 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78617679","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERLINDUNGAN HUKUM BAGI PEMBELI ATAS HAK MILIK TANAH DALAM MENIKMATI FUNGSI DAN MANFAAT TANAH SEBAGAI PEMEGANG HAK MILIK","authors":"Bayu Sagita","doi":"10.30649/PHJ.V17I2.166","DOIUrl":"https://doi.org/10.30649/PHJ.V17I2.166","url":null,"abstract":"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.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86161365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"TINJAUAN TENTANG HUKUM PIDANA PEMILU DAN FORMULASI PERTANGGUNGJAWABAN DALAM TINDAK PIDANA","authors":"Muridah Isnawati","doi":"10.30649/PHJ.V18I2.163","DOIUrl":"https://doi.org/10.30649/PHJ.V18I2.163","url":null,"abstract":"<p><em>Accountability in the act of </em><em>vote</em><em> is inseparable from unsuccessful acts of election. Complications of problems that exist in elections, participation that does not involve parties involved in </em><em>vote</em><em> problems. Accountability for resolving </em><em>vote</em><em> actions must find the best formula in order to minimize the settlement that occurs in elections. Potential to avoid failure can occur before voting, during voting and after voting. The right formulation is needed as part of the anticipatory steps towards </em><em>vote </em><em>action. Collateral for anticipatory measures can be considered as part of a policy on crime prevention (criminal policy). In this case the formulation policy in the accountability of</em><em> vote</em><em> follow-up must be formulated coherently and integratively, with the basic principles needed in the administration of elections. For this reason, it is necessary to formulate accountability for election crimes that are eligible, effective and efficient, and transparent. This review of the formula for accountability for election can make the material for evaluating the policy formulation in the election follow-up.</em><em></em></p><p><strong><em></em></strong><em><br /></em><em></em><em></em></p>","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"109 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79253913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"MENDORONG PENERAPAN PENDIDIKAN ANTIKORUPSI DI PERGURUAN TINGGI","authors":"Tri Mukti","doi":"10.30649/PHJ.V18I2.165","DOIUrl":"https://doi.org/10.30649/PHJ.V18I2.165","url":null,"abstract":"<p><em>This study tries to analyse the effort to combat corruption through anti-corruption lecture program in university. Using a descriptive analytical technique this study attemps to put the lecture as a medium for four principle of education: learning to know, learning to do, learning to live and learning to be. Such education need to be integrate within the anti-corruption values to put corruption as common enemy fo all. The output of this class is hopefully to form a person who say no to corruption proudly and spread the positive attitude of anti-corruption behaviour.</em></p><p><strong><em></em></strong><strong><em><br /></em></strong></p>","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78030216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Helen Camelia Cahyadi, Lailatul Maghfirah, Fardillah Rizkiansyah
{"title":"AKIBAT HUKUM AKTA PELEPASAN PALSU PADA KASUS RELOKASI PERLUASAN BANDARA JUANDA","authors":"Helen Camelia Cahyadi, Lailatul Maghfirah, Fardillah Rizkiansyah","doi":"10.30649/PHJ.V18I2.161","DOIUrl":"https://doi.org/10.30649/PHJ.V18I2.161","url":null,"abstract":"<p><em>Land disputes are not a new thing that has happened in the long history of law enforcement in this country, often justice becomes overlapping which then ends at the court table, this article will also raise a case of land dispute namely the dispute over the expansion of Juanda airport, this dispute occurred on a 20-hectare plot of land located in Pranti Village, Sedati, Sidoarjo, whose parties are the East Java </em><em>Pusat Koperasi Karyawan</em><em> (Puskopkar) center as the land rights holder with PT Gala Bumi Perkasa (GBP), PT Dian Fortuna Erisindo (DFE) with PT Fortuna Harisindo Dian Tama (FHDT), this dispute occurred because of the alleged fake release certificate made by individuals claiming to be members of Pusk</em><em>o</em><em>par given to PT Gala Bumi Perkasa (GBP), PT Dian Fortuna Erisindo (DFE) with PT Fortuna Harisindo Dian Tama (FHDT) for that legal protection is needed.</em><em></em></p><p><strong><em></em></strong><em><br /></em><em></em></p>","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74039892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"MODEL PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH MENURUT UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH","authors":"King Faisal Sulaiman","doi":"10.30649/phj.v17i2.167","DOIUrl":"https://doi.org/10.30649/phj.v17i2.167","url":null,"abstract":"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 descriptivequalitative 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.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"55 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80615262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}