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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 6 Documents
 1 
Search results for , issue "Vol 1, No 1: January 2015" : 6 Documents clear
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.
LEGAL CERTAINTY FOR INVESTORS ON INVESTMENT IN THE FIELD OF GEOTHERMAL ENERGY ONLINE BUSINESS Abdul Rohman Nasution
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.v1i1.6

Abstract

This research discusses about how the role of the state to provide the legal certainty for investor in the field of geothermal energy. As one of the potential energy derived from the natural resources in Indonesia, geothermal should be developed for the welfare of the Indonesian people. In accordance with the mandate of the 1945 Constitution in its preamble stated that the purpose of the state is to improve the welfare of the community. Government guarantees for investors of practice in the field of geothermal energy. Legislation issued by the government to provide legal certainty for investors in capital plant in Indonesia such as: a. Law No. 23 of 2003 about Geothermal b. Law No. 25 of 2007 about Investment c. Law No. 30 of 2007 about Energy Indonesia has a wealth of energy resources. One of the energy resources owned by Indonesia is geothermal energy. However, in the development and utilization of geothermal energy, the implementations of energy sources are yet to be optimized to the maximum by the government. Keywords : legal certainty, investment, investor, geothermal energy. Penelitian ini membahas tentang bagaimana peran negara untuk memberikan kepastian hukum bagi investor di bidang energi panas bumi. Sebagai salah satu energi potensial yang berasal dari sumber daya alam di Indonesia, panas bumi harus dikembangkan untuk kesejahteraan masyarakat Indonesia. Sesuai dengan amanat UUD 1945 dalam pembukaannya menyatakan bahwa tujuan negara adalah untuk meningkatkan kesejahteraan masyarakat. jaminan pemerintah bagi investor praktek di bidang energi panas bumi. Legislasi yang dikeluarkan oleh pemerintah untuk memberikan kepastian hukum bagi investor di pabrik modal di Indonesia seperti: a. Undang-Undang Nomor 23 Tahun 2003 tentang Panas Bumi b. Undang-Undang Nomor 25 Tahun 2007 tentang Penanaman Modal c. Undang-Undang Nomor 30 Tahun 2007 tentang Energi Indonesia memiliki kekayaan sumber daya energi. Salah satu sumber energi yang dimiliki oleh Indonesia adalah energi panas bumi. Namun, dalam pengembangan dan pemanfaatan energi panas bumi, implementasi sumber energi yang belum dioptimalkan secara maksimal oleh pemerintah. Kata kunci: kepastian hukum, investasi, investor, energi panas bumi. Key word: Geothermal Energy 
The Establishment of Indonesian Securities Investor Protection Fund Related To The Supreme Court Decision No. 535.K/Pid/2013 About The Case of PT Sarijaya Permana Securities ADIYA RIZKI KARAMI
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.v1i1.7

Abstract

Indonesia is one of the developing countries who are actively carried out their development. In the development of the national economy, a country requires financing either from the government or the community. Acceptance of the government to build a national economy gained through taxes and other admission. One of the sources government use are the community investment through bank, other financial institutions and capital markets. Capital Market in Indonesia is one of the essential elements and benchmarks of the country's economy. One of the characteristics in advanced industrial countries and new industries is the presence of capital markets growth and development. With the growth in the Capital Market, there are so many problems that occurred such as embezzlement, fraud, misuse of funds, and misuse from the irresponsible Market Intermediary. With the problems that occurred, the victim of these problem is the investor who investing their funds in Indonesian Capital Market. Lots of this problems that occurred because there is no institution directly concentrate in investor protection fund. So, the government established Indonesian Securities Investor Protection Fund (ISIPF) for protecting, controlling, monitoring, and regulating the activities that occurred in Capital Market. With the establishment of Indonesia Securities Protection Fund (ISIPF), investor that invest their funds can claim their investment if the violation occurred. With their protection, capital market in indonesia will gain more trust from domestic and foreign investor in the future.
ASPECTS OF LEGAL PROTECTION FOR CONSUMERS’ ONLINE BUSINESS Nurul Eka Oktaviani
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.v1i1.9

Abstract

There are some Laws that regulated the legal protection for consumer of online business, there are Law of Consumer Protection no. 8 Year 1999, Law of Electronic Information and Transaction No. 11 Year 2008 and Government Regulation of Operation System and Electronic Transaction No. 82 Year 2012 abds action listed in that law is already clearly stated. To arrest the online business fraud perpetrators is not only because of the loss of material, a material can be searched for later in another day. The most important thing is the existence of a regretful feeling caused by an arrest to the perpetrators of online business fraud. Then hopefully there will be no more online business fraud because the perpetrators afraid of the sanction in the Law. Besides that, the victim will get the sense of satisfaction when the police managed to find a person who cheated him. Although if the case is complete and ready to be relegated to the prosecutor and transferred to the district court, in criminal case, there would be no compensation obtained by the victim unless the victim reported the perpetrators in the form of civil violation.
KETAATAN PENGEMUDI DAN PENUMPANG DI JALAN TOL TERHADAP PERATURAN PELARANGAN BERHENTI DI JEMBATAN TOL PADALARANG Maria Francisca Mulyadi; Mahayoni Mahayoni
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.v1i1.4

Abstract

Regulation aims to provide legal protection to road users performed better highways officers and highway users. Legal awareness highway users should be supported with the empowerment and active community participation. It is necessary to examine the causes in the driver and passenger buses that stop at the edge of the highway, despite being penalized foreclosure license and registration , and legal awareness of the driver and passengers of the bus on the highway and solutions to minimize the infringement on the side of the highway Padalarang in its application. The approach in this study was to specification juridical sociological analytical descriptive and exploratory research. In fact on the highway often stop in violation of the toll road , even for raising and lowering the passenger in highway bridge Padalarang . In addition to the desire of the driver is also influenced many direct requests of the passengers. Regulations on the highway does not apply so as a decoration without function has been lost because of cultural shame in breaking the rules and the loss of a sense of obedience to rules , and do not pay attention to the rights of others in the use of toll roads.
LEGAL PROTECTION FOR OWNERSHIP OF PROPERTY LAW ON MARRIAGE AFTER DIVORCE DECISION Sugiarti Sugiarti
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.v1i1.30

Abstract

Marriage is a sacred and holy institution as stated in Law No. 1 of 1974 article 1 about marriage. Joint property can be used by the husband and wife, for anything and any amount as long as there is also agreement of both parties. Just right for a husband and wife with the right of use or wear it with the consent of both parties (reciprocal) is naturally given that the rights and position of the wife by the husband is in an environment of domestic life and social life together in society, a place where each each has the right to take legal actions. This means that both parties are given the opportunity to have an agreement that's about innate property may be inserted into the joint property, while other parts are certain to remain under the supervision of each. If each party has an agreement to enter the default property to be joint property, the management is certainly applicable provisions of the agreement regarding the default property.

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