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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 2: July 2016" : 5 Documents clear
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.
TANGGUNG GUGAT NOTARIS ATAS KETIDAKSESUAIAN HARGA TRANSAKSI JUAL BELI TANAH DAN BANGUNAN DENGAN HARGA SEBENARNYA Hidayatulloh Adiansyah
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.v2i2.564

Abstract

Agreement on sale and purchase of land and buildings creates tax obligations for sellers and buyers. Under these conditions often the parties provide false information on the price of the transaction in the deed so that the obligation to pay taxes is also lower. In essence the Notary is merely writing in writing and the form of legal actions of the parties concerned so whether in this case the Notary is accountable for the incompatibility of the transaction price with the actual price. The author in this study wants to examine and analyze further about the validity of the Notary Deed that contains false information related to the transaction price and the notary's responsibility for the false statements of the parties to avoid tax obligations. The research method used is normative legal research, namely legal research carried out by examining library materials or secondary legal materials while the problem approach is carried out using a legal approach and conceptual approach. The existence of false information submitted by the parties does not result in the Notary Deed being canceled. The Notary Deed during its manufacture has fulfilled the formal aspects of making authentic deeds which have been stipulated in the UUJN, so that they remain valid and binding on the parties. The existence of false information in the Notary deed for the incompatibility of the sale and purchase transaction price to avoid tax obligations is not the responsibility and responsibility of the Notary but is fully the responsibility and accountability of the parties because the Notary function only constructs the will of the parties.
RELEVANSI PEMBATASAN PEMBUATAN AKTA NOTARIS TERHADAP KEDUDUKAN NOTARIS SEBAGAI PEJABAT UMUM Laily Nur Azizah; Rusdianto Sesung
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.v2i2.565

Abstract

Supervision and guidance of Notaries is carried out by the Notary Supervisory Board on the implementation of Notary position duties based on the Notary Position Act and by the Notary Honorary Board for matters relating to the Notary Code of Ethics. With consideration to Article 4 point 16 of the Notary Code of Ethics concerning the prohibition for notaries to make deeds exceeding the fairness limit the amount of which has been determined by the next Honorary Board Notary issued the Honorary Board Regulation of the Indonesian Notary Association Number 1 of 2017 concerning Fairness Limits for the Making of the Deed stipulates that the fairness limit in making deeds is 20 (twenty) deeds per day.The author in this study wants to examine and analyze further about the position of the Honorary Board of the Central Indonesian Notary Association Regulation No. 1 2017 in the practice of notary and the relevance of the limitation on the number of notary deeds when associated with the notary's authority as a public official.The research method used is normative legal research, namely legal research carried out by examining library materials or secondary legal materials while the problem approach is carried out using a legal approach and conceptual approach.The results of the study indicate that the position of the Honorary Board Regulation of the Indonesian Notary Association Number 1 of 2017 in the practice of notary is only limited to regulations within the organization's internal scope and is not a statutory regulation that has binding nature. The limitation on the number of notary deeds is irrelevant because the function of the Notary is to serve the people who need their services and Notaries are not permitted by the Act of Notary Position to reject the parties who come to make the deed.
PERLINDUNGAN HUKUM TERHADAP PEMBELI APARTEMEN ATAS TINDAKAN WANPRESTASI PENGEMBANG Muntiasih Muntiasih
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.v2i2.566

Abstract

Based on Law Number 20 of 2011 concerning Flats, the marketing of flats has been carried out before the construction of flats is carried out. Such sale and purchase of apartment units is done by ordering in advance the unit to be purchased, then poured in the preliminary agreement in the form of an order confirmation proof which is then registered with the Notary (Waarmerking) office. So when construction of flats began, there were already many consumers who bought the apartment. The author in this thesis wants to examine and analyze further whether the Flats Booking Confirmation waarmerking can provide legal certainty for consumers and how is the form of legal protection for consumers if the developer defaults before the Sale and Purchase Agreement is made. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while in searching for and collecting data is done with two approaches, namely the legal approach and the conceptual approach.The results of the study show that the apartment booking confirmation letter made by the developer and waarmerking by a Notary has the power of proof as long as the parties acknowledge it or there is no denial from either party or in other words have imperfect proof power. If the order confirmation letter for the flats is used as evidence, then in the evidence in the court, later it will require other evidence and witnesses to prove the truth. In the sale and purchase of flats between developers and consumers, the developer's responsibility can be seen since the issuance of brochure flats offering by developers. Brochures issued by the developer can also be used as a basis for claims for consumers who feel disadvantaged because of the lack of facilities promised in the brochure.
TINJAUAN HUKUM MENGENAI BENTUK BADAN HUKUM LEMBAGA MANAJEMEN KOLEKTIF DI INDONESIA Sujana Donandi S
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.v2i2.567

Abstract

The existing legislation does not yet give clear boundaries regarding the form of legal entity of Lembaga Manajemen Kolektif (LMK) in Indonesia. The legal certainty about the form of legal entitiy of LMK is important to be examined as the basis for government and society in running and supervising LMK. This research is conducted through a normative legal research method using statute approachment dan utilizing primary and secoundary resources. The discussion shows that LMK is divided into 2, The LMK and LMK Nasional. The form of legal entity that lawfully allowed to establish LMK is Association because it meets the terms and condition as it is governed by legislation of copyright that LMK must be a legal entity, non-profitable, and membership basis. On the other hand, LMK Nasional is a public legal entity made by government.

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