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Problematika Hukum
Published by President University
ISSN : 24771198     EISSN : 25034812     DOI : https://doi.org/10.33021/ph.v10i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Problematika Hukum is an open-access, peer-reviewed scientific journal that addresses legal issues in Indonesia and other Southern Hemisphere countries. This magazine aims to provide a comparative and multidisciplinary arena to communicate up to date analysis on Corporate Law and Litigation within the Global South perspective.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 97 Documents
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BREAKING THE CHAIN OVERCOMING, UNDERSTANDING, PREVENTING AND ERADICATING SEXUAL HARASSMENT IN INDONESIA Fadhillah Mahendra; Violin Revalika Arwis
Problematika Hukum Vol 6, No 1 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i1.5153

Abstract

This abstract focus on sexual harassment case in Indonesia, “Breaking the Chain Overcoming, Understanding, Preventing and Eradicating Sexual Harassment in Indonesia”. Sexual harassment cases are common cases that occur not only in Indonesia, but also in the world. Cases of sexual harassment also often receive the attention of the public, state officials and the law. Even though there is a legal framework in Indonesia, low incident reporting is still a challenge. This highlights the need for a comprehensive understanding of the cultural nuances that shape perceptions and responses to such behavior. Cases of sexual harassment do not only happen to women, but also to men. Those who became victims also came from various ages, from toddlers to even the elderly. This abstract will be focus on aims why we need to minimize cases of sexual harassment in Indonesia.ArticleAbstract Keywords: Sexual Harassment, Indonesia, Legal Framework, Social-Culture Society.
ANALISIS HUKUM TERHADAP PASAL 33 UUD 1945 DALAM PUTUSAN MAHKAMAH KONSTITUSI MENGENAI PENGUJIAN UNDANG-UNDANG NOMOR 30 TAHUN 2009 TENTANG KETENAGALISTRIKAN TERHADAP UUD 1945 Nadya Putri A
Problematika Hukum Vol 1, No 1: January 2015
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v1i1.5

Abstract

Government intervention in the electricity business becomes important because it involves economic sovereignty, industrial competitiveness and low purchasing power. Government intervention in the fulfillment of the national electricity supply is generally shaped subsidi.Pemerintah subsidize electricity to the community and industry as consumers of electricity at a price set by the government, or in this case known as the electricity tariff (TDL). Electricity tariff is on average lower than the costs for electricity production The Constitutional Court decided to reject the proposed Judicial Review by SP PLN with consideration of the judges deem that Act No. 30 of 2009 does open the possibility of separation of the business (unbundling) in the unbundling of electricity but is meant to calm the Law 30/2009 referred to in Law 20 / 2002 before the Constitutional Court canceled. origin 3 and Article 4 of the Act has been giving limits. So the existing unbundling provisions in the Act differs from unbundling in Law Number 20 Year 2002 on Electricity that has been canceled by the Constitutional Court. If the laws that has been canceled, the definition of the unbundling is the separation of 3 komponen.yaitu power generation, power transmission and power distribution. While the Act No. 30 of 2009, unbundling does not contain three components separation law diujimaterikan itu.Dalam the electricity tariff is determined by the state. In addition, the Act No. 30 of 2009 that SOEs are also given top priority in dealing with the electricity business. So there is no locally-owned enterprises, private enterprises, or cooperatives that can provide electricity in a region.
THE PUBLIC TRUST IMPACT OF VIOLATIONS OF ETHICAL CODES IN CONSTITUTIONAL COURT DECISIONS Adinda Isya Handy Putri; Balqis Vaniia Gitta; Emmanuella Patricia Sinaga; Irene Gianti Citra Nadia Moho; Nila Akmala
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5162

Abstract

This research explores the impacts resulting from severe breaches of ethical codes in the decisions of the Constitutional Court that have led to a drastic decline in public trust. This decline is considered a significant barrier to the progress and sustainability of Indonesia’s constitution in the future. These impacts not only affect the constitutional system but also permeate specific elements within society. It is a serious issue that can damage the integrity of the Constitutional Court, an institution that should uphold honesty and transparency in carrying out its duties and authorities. The Constitutional Court, which should be a fully trustworthy institution, is now perceived to have tarnished its image. Various new perspectives have emerged, measuring the breakdown of integrity within the Constitutional Court. The diminishing trust of the public signifies a wavering authority and independence of this institution. There have been numerous actions by the public showing signs of disappointment and regret towards the Constitutional Court. This calls for a comprehensive evaluation to eradicate the roots that have damaged the core of this institution. Such efforts need to be undertaken by all layers of society, accompanied by contributions and sacrifices, to safeguard and oversee that our constitution remains unharmed and leads to a better and sustainable constitutional future.Keywords: Constitutional Court, Severe Breaches, Drastic Decline
PELANGGARAN HAK NORMATIF YANG TERJADI TERHADAP PEMUTUSAN HUBUNGAN KERJA DEWAN DIREKSI Maria Mulyadi Francisca
Problematika Hukum Vol 1, No 2: July 2015
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v1i2.307

Abstract

Rights dispute between the workers and the company completed first bipartite conducted by the Department of Labor. In the event of unilateral termination of the board of directors when the case has not diputusnya Industrial Dispute leads to violations of basic rights. Every employee who works in a company in any position is an employee who has been regulated in employment.Treatment without discrimination to all employees is one manifestation of the welfare of the workforce upheld by the company
MATURITY AND ABILITY TO UNDERSTAND RIGHTS AND OBLIGATIONS TO COMPLY WITH LEGAL ACTION UNDER INDONESIAN CIVIL CODE Amalia Khoerun Dwinisa
Problematika Hukum Vol 7, No 1 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i1.5170

Abstract

Civil law is the rulemaking of a person an internal legal entity, jurisdiction, and obligations in the exercise of rights and matters affecting jurisdiction. Law has a theme. Civil law subjects consist of natural persons and legal entities. All legal entities have rights and obligations when performing legal acts. The purpose of this paper is to examine under what conditions a person receives his rights and duties when performing juristic acts. This paper concludes that not everyone can exercise their rights and obligations in performing legal acts, and some exceptions prevent people from exercising their rights and obligations.Keywords: Keywords: rights and obligations, legal acts, civil law
Honor Killing in Legal, Cultural and Human Rights Perspective Zenny Rezania Dewantari
Problematika Hukum Vol 1, No 2: July 2015
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v1i2.312

Abstract

This paper is talking about honor killing, a form of murder in which the act itself is considered as a necessity. This term is common used to picture a murder of a woman conducted by a man in a patriarchal community, as a retaliation of what she did that’s brought shame to a family. In a broader term, honor killing means a necessary murder by a family member to a victim who is believed to have brought shame to a family.            Motives behind honor killing are what make this killing unique. The motives are commonly to restore the equilibrium after the damage brought by the victim to the family. There are no certain criteria of what damaging behavior is. Victims were usually women with some cases were involving men as a victim.            Right of life is stated in Universal Declaration of Human Rights. Many human rights conventions also state a protection of women’s human rights. So in a human rights perspective, honor killing is against human rights especially right of life and specifically for women, it is against rights of a woman.            Naturally, human rights are universal. Problem occurs when this universality meets local cultures, beliefs, and traditions. Honor killing is sometimes allowed in those certain groups. So it is a challenge of human rights enforcement to get inside the cultures and beliefs of some state’s ideology that might be different with UDHR statements, including honor killing phenomenon. 
ENVIRONMENTAL LAW IN INDONESIA: BALANCING DEVELOPMENT AND CONSERVATION Alexander Jonathan Wijaya; Clarissa Adelia Elizabeth; Mariska Putri Hernani; Resa Panjaitan⁴ Resa Panjaitan⁴
Problematika Hukum Vol 7, No 2 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i2.5175

Abstract

With Indonesia’s dynamic environment and economy, development, and conservation in both factors is mandatory to maintain its continuity. The environmental law's role and prospect as an agent of balance, agent of conservation, and certainly agent of change is an issue that cannot be negotiated to achieve healthy and sustainable development in Indonesia. With the main issue being emissions, Indonesia’s progress in achieving a “green” economy lingers in a pause. However, amidst these challenges, Indonesia has set its sights towards a brighter future, aimed at mitigating emissions and fostering an energy transition. Its commitment towards net-zero emission is underlined. It aims to provide a road map for bolstering Indonesia's environmental legislation, igniting revolutionary change, and cultivating a future in which development and conservation live in harmony, protecting Indonesia's natural heritage and guiding the country toward a prosperous and sustainable future in the field of the green economy and achieving the SDGs. Using an extensive examination of legal frameworks, empirical qualitative data, case studies, and stakeholder viewpoints, this study aims to illuminate the obstacles, prospects, and possible routes for Indonesia to manage the equilibrium between development and preservation within the framework of emissions mitigation.Net-Zero Emission, Environmental Law, Green Economy
THE PHENOMENA OF MOTORCYCLE-TAXI OR OJEK AS PUBLIC TRANSPORTATION IN JAKARTA AND ITS LEGITIMACY ACCORDING TO TRAFFIC AND TRANSPORTATION LAW Ignatius Roberto
Problematika Hukum Vol 2, No 1: January 2016
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v2i1.561

Abstract

Jakarta mostly known for its problem with traffic jam and also their public transportation. Amongst this issue, ojek emerge and established themselves as an alternative public transportation that much faster and accessible compared to other public transportation, especially after the emergence of application-based ojek. Traffic and road transportation have important role in supporting development and as a part to advancing national welfare of the people. The law that provides regulation of transportation itself already exist in Law No. 22 of 2009 of Traffic and Transportation and further regulation in Government Regulation Number 74 of 2014 of Road Transportation, Regional Regulation of Province of Jakarta Number 5 of 2014 of Transportation and Minister of Transportation’s Decision Number KM. 35 of 2003 of Implementation of People’s Transportation in the Road with Public Transportation. A good proper public transportation provides six point that safety, security, comfortness, affordability, equality, and regularity. While, during these days public transportation mostly are unable to fulfill those six point. These situation makes ojek came up with solution as an option for people to through the traffic in Jakarta. But, yet ojek in Jakarta and in Indonesia itself still not regulated and actually becomes illegal public transportation. And the absence of law itself leads to some problem such as price, safety issues, and no customer service provided. In doing this research Author was using socio-legal study and also sociological approach. Author conducted two researches, one for customer of ojek and one for ojek driver. Author used questionnaire for the customer and interview for the ojek driver. Based on research conducted by Author, the absence of law leads into legal uncertainty in the society for the related parties; no regulation that regulates standard or measurement about ojek’s fare and safety. And according to both customer and ojek driver asked by Author also prefer a regulation to be created than to prohibit ojek itself. In this chaotic Jakarta’s traffic and its public transportation that still under development, ojek provides people with option for people. But a regulation still needs to be created to gives legal certainty for parties; whether to protect customer and ojek drivers.
THE IMPACT OF VIOLATIONS OF THE CODES OF ETHICS IN CONSTITUTIONAL COURT DECISIONS ON PUBLIC TRUST Adinda Isya Handy Putri; Balqis Vania Gitta; Emmanuella Patricia Sinaga; Irene Gianti Citra Nadia Moho; Nila Akmala5 Nila Akmala5
Problematika Hukum Vol 8, No 1 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i1.5180

Abstract

This research explores the impacts resulting from severe breaches of ethical codes in the decisions of the Constitutional Court that have led to a drastic decline in public trust. This decline is considered a significant barrier to the progress and sustainability of Indonesia’s constitution in the future. These impacts not only affect the constitutional system but also permeate specific elements within society. It is a serious issue that can damage the integrity of the Constitutional Court, an institution that should uphold honesty and transparency in carrying out its duties and authorities. The Constitutional Court, which should be a fully trustworthy institution, is now perceived to have tarnished its image. Various new perspectives have emerged, measuring the breakdown of integrity within the Constitutional Court. The diminishing trust of the public signifies a wavering authority and independence of this institution. There have been numerous actions by the public showing signs of disappointment and regret towards the Constitutional Court. This calls for a comprehensive evaluation to eradicate the roots that have damaged the core of this institution. Such efforts need to be undertaken by all layers of society, accompanied by contributions and sacrifices, to safeguard and oversee that our constitution remains unharmed and leads to a better and sustainable constitutional future.Constitutional Court, severe breaches, drastic decline
CRIMINAL COURT SYSTEM FOR JUVENILE CRIMINAL OFFENDER IN INDONESIA AND THE STRUGGLE FOR ACCESS TO JUSTICE Zenny Rezania Dewantary
Problematika Hukum Vol 2, No 2: July 2016
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v2i2.568

Abstract

The criminal law system of Indonesia formed a special court system for children criminals. This system is determined by considering that juvenile has distinguishing factors than adult that drive them to conduct criminality. Those can be analyzed based on psychological and sociological factors. The main purpose is to secure access for justice towards children criminality. However, provisions in Juvenile Court System law still have weaknesses that will endanger the access of justice. Therefore, in the enforcement aspects, that inclusivity is often being abandoned. This research is interdisciplinary by using normative-empirical method and qualitative method. Normative-empirical is analyzing on legal instrument using statute approach and also using primary data taken from interview. Qualitative method is a method that holistically describes a phenomenon by analyzing the quality of relations, situations, and other materials. This research analyzed on the inclusivity of juvenile delinquents that has affected the law making process by constituting special court system for children, then criticizing on how poor the law being constituted and then affecting the enforcement. Law enforcers have awareness on prioritizing restorative justice as mandated by the Law. But there is a structural problem among the realization of it. The law enforcement needs to be improved both in the substantial aspect and attributive aspect.

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