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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 5 Documents
 1 
Search results for , issue "Vol 2, No 1: January 2016" : 5 Documents clear
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.
Aspects Of Customary And Cultural Law On The Preservation Of Springs And River Environments Maria Francisca Mulyadi
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.v2i1.557

Abstract

Customary law is a source of local wisdom inherited from ancestors in the form of culture and customs. In its development, people adapt in the form of custom norms, cultural values, and environmental management activities. Local people who live side by side with nature have knowledge passed down from generation to generation about how to fulfill the necessities of life without destructing nature so traditional local wisdom is very profitable in maintaining the environment and preventing the occurrence of environmental damage. With the advancement of technology and the needs of society has led to the loss of local wisdom that causes barren forests and automatically turns off the springs, in addition to the river environment becomes dirty and not awake.This research is analytical and explorative descriptive, with the aim of obtaining a description of customary law in local wisdom can provide protection the springs and river environment. As a normative study, data is obtained tracing legal documents.By restoring the elements of customary law in community life to grow local wisdom. The principle of local wisdom is to synergize with nature, so that the use of water resources used sufficiently not excessive and provide a ban aimed at preserving the springs. By using enough water then the use of natural resources will be used sufficiently to pay attention to the restrictions aimed at preserving the environment, in this case not clearing forests for plantation land or settlements will make the forest sustainably automatic source of water will be maintained.
KAJIAN ATAS PERTANGGUNGJAWABAN PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH HEWAN BERDASARKAN HUKUM INDONESIA DAN HUKUM JERMAN Gratianus Prikasetya Putra
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.v2i1.558

Abstract

There are 2 (two) forms of liabilities which acknowledged by Civil Law, the first one is contractual based liability and the second one is tort based liability. If there is a liabilty that based on an event which fulfill the elements that known in tort theory, so the tort based liability will be used. Today, there are some variations and development in cases that intersects with the theory and regulation regarding tort. One of the case which related to that theory and regulation was the tort that has been done by an animal in Germany. According to the case it can be seen the possibilitiy of tort based liability that owned by an animal. This article will explain regarding the tort theory and the liablity based on both Civil Law System in Indonesia and Germany by doing the comparison on it. The Comparison will consist of regulation and theory comparison regarding the tort which aplicable both in Indonesia and Germany.
PERAN TELEVISI KAMPUS SEBAGAI SARANA SOSIALISASI MELALUI DUNIA PENDIDIKAN Hari Suryanto
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.v2i1.559

Abstract

The Campus TV is a strategic forum for education and mutual relationships within the Indonesian art institutes organised by six art institutes in Indonesia under BKS-PTSI (Badan Koordinasi Seni Perguruan Tinggi Seni Indonesia). The purpose of the forum is to support the education of art and culture and also to promote values of the local wisdom using the streaming tv portal platform for the campus community and the general public. This strategy is to response the development of media and communication technology in Indonesia
PENYELESAIAN WANPRESTASI PADA PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN OLEH KOPERASI Sujana Donandi S
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.v2i1.560

Abstract

In a credit agreement with mortgage in Credit Union (Koperasi SImpan Pinjam/KSP), it is very likely that default happened or the debtor fail to fulfill obligation. The Process of resolving this problem is interesting to be discussed to determine how KSP solves problems of rights and obligations emerging from bad performing loan in which involves morgage. The research is a legal normative-empirical research and the type is descriptive. The result showed that the the resolving of credit with mortgage in KSP could be pursued through the handling procedure, legal effort, and the execution assurance in parate executie or execution without court decisions.

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