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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 3, No 1: January 2017" : 5 Documents clear
THE IMPLEMENTATION OF SOCIAL JUSTICE IN THE INDUSTRIAL RELATION MODEL OF INDONESIA (A LAW PERSPECTIVE ANALYSIS BASED ON INDUSTRIAL RELATION REGULATIONS AND PRACTICE IN INDONESIA) Gratianus Prikasetya
Problematika Hukum Vol 3, No 1: January 2017
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v3i1.648

Abstract

Industrial relation is one of important aspect in daily business practice, but sometimes it become the source of problem in business. The problem often be triggered by a gap between employer and employee interest. Employer business and profit oriented interest sometimes does not meet up with the employees paradigm that commonly work for their survival. The Industrial Relation practice in certain contry is always be related with the industrial relation model that internalised in manpower regulation of certain country. Today‟s there are two types of industrial relation model which commonly used, such as contractualist industrial relation model which relatively consists of individual value and corporatist industrial relation model which usually consist of collectivism value. Each industrial relation model is very dependent with the national public policy. This article will explain the industrial relation model which used and internalised in Indonesia based on the ideology and national identity of Indonesia esepcially social justice value. In regards to explain this article, secondary data such as regulation and theories regarding industrial relation and social justice value that become one of basic principle of Indonesia.
ASPEK HUKUM PENGGUNAAN SOSIAL MEDIA SESUAI UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 Mahayoni Mahayoni
Problematika Hukum Vol 3, No 1: January 2017
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v3i1.649

Abstract

Social media nowadays has been a familiar word to our ears. In less than two decades, the revolutionary changes have occurred among the various circle of society. The needs of online services recently through a wireless or wifi has been the basic need for the society, especially the urban . Whats app , twitter , instagram , face book , and other types of applications are becoming familiar to our ears. Almost the entire range of social community change remarkably by the social media. This online social media community is a new order that its presence has an important role in the life of socialization, national and state life. Nevertheless, this new world order that arises around us moves very fast and exponential. The society be stutter and are still not ready to face this new world order. Their Expression of feeling which they used to undertake directly to others in a limited number and confidential are now shed in the notes on the new world order. The sense that supposedly undetermined to be right and wrong and located in private area of somebody is now can be seen and read by public. As result, people can respond or giving different comments. The possibilities of incorrect notions, or consideration in cornering others to be an untrue information often occur . The role of social media also helpful as a social control. This is an extraordinarily benefit. The case of officer police who ask for a bribe that went viral in the world of social media to the case of a group of teenagers gave the red wine to a horse in Safari Park spread quickly and police act quickly. On this side, there are also people who deliberately uses the social media to express hatred,distaste , or disagreement against an attitude, the act, or policy are also on the rise sharp. In fact this group is also acting further by made up a fake news which is untrue just to satisfy their hatred. The large number of this incident made police officer were unable to go to control the situation. The general community are the victim because they suffer losses due to many parties continue the destructive action that could harm the united of nation. It is a home work to utilize social media to bring more advantages that disadvantages.
STATE’S LEGAL PROTECTION TO COPYRIGHT HOLDERS OF SONGS IN RELATION TO THE ONLINE SONGS PIRACY Nanda Reza Putra Pratama; Zenny Rezania Dewantary
Problematika Hukum Vol 3, No 1: January 2017
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v3i1.650

Abstract

Indonesia has a law regulating about copyright, namely Law No. 28 Year 2014 on Copyright. This law gives legal protection towards copyright infringements. However, the number of piracy of songs through online sources has been increasing rapidly. Song is a subject under copyright concept, hence, is protected by the copyright law. The piracy of songs gave disadvantage for the song writer, the singer, the recording label, and other related parties. This irresponsible behavior is difficult to tackle because of it is conducted online and free and netizens somehow are capable to pirate songs no matter how it is banned. This situation leads to the question on how the Indonesian government provides the protection and conduct to eradicate piracy of songs through internet.
KEBIJAKAN MENTERI DALAM NEGERI TENTANG PERSYARATAN PENGANGKATAN PENJABAT GUBERNUR DALAM PEMILIHAN KEPALA DAERAH SAEFUL KHOLIK; C A R T O C A R T O
Problematika Hukum Vol 3, No 1: January 2017
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v3i1.651

Abstract

Local Leaders Election (LLE) In Unison is in the National Government's agenda, as set out in Constitution No. 10 of 2016 concerning the second amendment to Law No. 1 of 2015 Concerning Determination of Government Regulation in Lieu of Law No. 1 of 2014 Regarding the LLE of Governors, Regents, and Mayors into Law. LLE in wave 3 (three) carried on June 27, 2018 one of them in the province of West Java. The tenure of the Governor and the Vice Governor of West Java exhausted before the inauguration of Governor election so requires for the Acting Governor to fill the vacancy (vacuum of power). Acting Governor of West Java charging filled by Police Commissioner General M. Iriawan is active Police who took office Main Secretary National Security Institution, which became the basis of the appointment of Act No. 5 of 2014 concerning the State Civil Apparatus and Government Ordinance No. 4 of 2002 on the Amendment of the GO 15 of 2001 on Transfer of Status of the National Army of Indonesia and the Indonesian National Police Members. This study aims to determine (1) Does the Police General Appointment as Acting Governor Active berdsarkan meet the requirements Perturan legislation. (2) How Legal Implications of the Establishment of the Acting Governorof the Police General active status. From these results it can be concluded that: (1) Terms of the Acting Governor divided into 2 (two). First, its main base is being Served in High Leadership Associate. Second, the addition of its situational namely the Police can fill positions in institutions Center for one of the agencies' Center which can be occupied by the Police is the National Security Institution or have a list value of execution of work for three (3) In the last at least have a good value , (2) Implications that can arise as a result of the appointment of the Active Police General as Acting Governor are substantially possible for electoral legal implications, especially related to the Political aspect, including a tendency or concern to cause non-marginalization because there are regional election participants from the Police Agency.
DISPUTE SETTLEMENT ON THE OWNERSHIP OF TRADEMARK WITH SIMILARITY (CASE STUDY BETWEEN GUDANG GARAM VS GUDANG BARU) Selly Marcelina; Sujana Donandi S
Problematika Hukum Vol 3, No 1: January 2017
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v3i1.652

Abstract

One of the difficulties arising from the provisions of Law no. 15 of 2001 regarding trademark is the lack of clear guidelines to determine the criteria of a well-known and famous trademark. One of the disputes on a famous trademark was between Gudang Garam and Gudang Baru that has been settled by the Supreme Court through decision No. 162 K /Pdt.Sus-HKI/2014. Problems in this research are regarding the Legal Consequences of the Verdict of the Supreme Court Number 162 K / Pdt.Sus-Hki / 2014 and how to determine the ownership of Trademark with Similarity. The methodology of this research is normative-empirical which is the combination of normative and empirical legal research. The results show that The verdict of Supreme Court Number 162 K/ Pdt.Sus-Hki/2014 determined that as long as a trademark has been registered in Indonesia, the trademark will be given a legal protection even though the trademark has similarity with other trademark that has been famous in many other countries. This verdict is not coherence with indonesian trademark law that does not admit trademark upon a trademark with similarity. The criteria of the determination of the equation basic elements in a famous brand that is the similarity of images, phenotic, names, words, letters, numbers, color arrangement or combination of such elements.

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