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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 2: July 2015" : 6 Documents clear
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
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. 
RESTORATIVE JUSTICE AS AN ALTERNATIVE WAY OUTSIDE THE JUDICIARY PROCESS OF CRIMINAL CASE BY FULFILL THE RIGHTS OF THE JUVENILE (CASE STUDY OF DELI SUHANDI JUDICIAL PROCESS Iwahori Yosafat Iwahori Yosafat
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.v1i2.308

Abstract

The human rights of the Child has been ratified by Indonesia therefore the state is obligated to implement and to maintain the course of the enforcement of the rights of children. Not a few children of Indonesia committed the offense as a whole is not necessarily on their own sense considering themselves still children who are not old enough and qualified in law. However, for any errors or accidents that may inhibit himself even turn off their future because they have to deal with the judicial process. Many of those who have to follow such procedural should be arrested and placed in custody. This kind of procedure is able to cause psychological disturbances against the perpetrators, the criminal child will easily get the stigma from the community around them. the public will be difficult to accept detainees to be in their environment, as well as the condition of the crime of child actors who will also feel less confident they would be desperate, and ultimately make them instead become professional criminals. To that end, the author is interested in researching how the legal protection of the rights of children in conflict with the law, especially with the use of the concept of Restorative Justice to be realized in the juvenile justice process so that the perpetrators of criminal acts that do not need to go through the judicial process that will lead to future impacts.
Perlunya Penguatan Peran dan Fungsi Komisi Yudisial dalam Membangun Peradilan yang Bersih dan Berwibawa. Mahayoni Mahayoni
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.v1i2.309

Abstract

Law enforcement in Indonesia is still far from the expectations of all parties. The capture of the law enforcement agencies such as lawyers, prosecutors, judges, by the Corruption Eradication Commission or KPK is a fact which shows the weakness of the legal system in Indonesia that has not touched the sense of justice. This can also be an iceberg. That is indeed a violation or crime committed by law enforcement actually be much more that has not been revealed. But the efforts of various parties such as NGOs NGOs that fight for justice laws that could answer the sense of justice in society should be appreciated.Justice in the field of law is not come by itself but must be fought by all parties. The establishment of institutions that provide surveillance from the Police Commission, the Prosecutorial Commission and the Judicial Commission is something that should be appreciated. However, people are still waiting for this role to the maximum watchdog agency. The fact shows the role of supervisory institutions is only to observe, provide feedback, report to the media and has not appeared any decisive action monitoring results of the independent supervisory commission. This situation is more worrying seizure or tug their authority on the independent commission commission. In this study, the authors highlight the tug of the role of the Judicial Commission in charge of Justice. Candidate recruitment problems and forth between the judges into the judicial authority or the Judicial Commission. The authority was invited there any laws regarding the recruitment of judges sued by Indonesian Judge Association. This means that if the prospective judges are not recruited correctly from the beginning and just rely on the connection, kinship likely to judge who are the guardians of justice last very likely filled by people who have no competence. If this situation is allowed then people's expectations so that the law can touch the sense of justice for the community is still far and should be pursued. 
PERUBAHAN-PERUBAHAN PENTING TERKAIT HAK CIPTA PASCA UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Sujana Donandi S
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.v1i2.310

Abstract

Act no. 28 Year 2014 is the latest regulation concerning copyright. Act no. 28 2014 is expected to brought important changes that could be useful in improving protection and law enforcement of copyright in Indonesia. This research focus on important changes related to copyright after act no. 28 2014 was legalized and its legal consequences. Method used in this research is normative legal research which specifically described changes related to copyright based on  Act no. 28 2014 .The results and discussion shows that Act no. 28 2014 brings important transformation of copyright such as: economic rights protection that more favors to the creator, more effective dispute settlement, copyright can be fiduciary security , and the emergence of Lembaga Managemen Kolektif.
DAMPAK KEPAILITAN PENGEMBANG RUMAH SUSUN TERHADAP TRANSAKSI JUAL BELI RUSUN (STUDI KASUS RUSUNAMI KEMANGGISAN RESIDENCES) Fennieka Kristianto
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.v1i2.311

Abstract

The uncompleted Flats construction and not provided the Certificate of Property Rights on Flats Unit (SHM Flats Unit) make Flats Unit’s purchaser only has the Conditional Sale and Purchase Agreement on Flats Unit (CSPA Flats Unit), therefore the Flats purchasers bear the consequences of bankruptcy on the developer. As a result of the bankruptcy of the Flats transaction raises legal issues related to the legal status of ownership of Flats Unit that  purchaser has paid the price. Do paid Flats Units become part of the bankruptcy estate of bankrupt developer? This paper aims to determine the impact of bankruptcy developer on flats’ purchasers and their legal status of the Flat Unit’s ownership  by  probing the case in Rusunami Kemanggisan Residences. This qualitative descriptive study, using research methods literature. Based on content analysis obtained the following conclusions. Bankruptcy resulted in a general seizure on properties of Flats developer, including Flats Unit which has been fully paid by the purchaser. The legal status of purchaser of  Flats Unit who has paid payment based CSPA Flats Unit,  not as owners, but as unsecured/concurrent creditors of the developer because it has not handed over the ownership of Flats Unit both factually and legally from the developer to the purchaser. As a result, the ownership rights of Flats Unit legally still on developer and become the developer’s bankruptcy assets. Suspension of Obligation for Payment of Debt  (PKPU) or mediation as an alternative dispute resolution is more favorable to developers and Flats purchaser.

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