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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 4, No 2: July 2018" : 5 Documents clear
DAMPAK IMPLEMENTASI FORMULA UPAH MINIMUM SESUAI PERATURAN PEMERINTAH NOMOR 78 TAHUN 2015 TENTANG PENGUPAHAN TERHADAP KESEJAHTERAAN PEKERJA DI KABUPATEN BEKASI. Timbul Handriyanto; Mahayoni Mahayoni
Problematika Hukum Vol 4, No 2: July 2018
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v4i2.1723

Abstract

The Constitution states that every citizen has the right to work and a decent living for humanity, reinforced by the Manpower Act that every worker/laborer has the right to earn an income that fulfills a decent living for humanity. In achieving this goal, the state establishes a "Minimum Wage" based on a survey of the basic needs of a single worker for one month called the Decent Living Needs (KHL). The Government issued Government Regulation 78 of 2015 concerning Wages which regulates the formula for setting minimum wages based on inflation and national economic growth, the components of the decent living necessities that were previously used as a basis for stipulations are no longer used. This type of research is normative juridical legal research, using the IRAC analysis approach (issue, rule, analysis, conclusion) to draw a conclusion. Data and data sources used are primary data and secondary data with the procedure of collecting literature and field studies. From the results of the study the Impact of the Implementation of the Minimum Wage Formula in Accordance with Government Regulation Number 78 Year 2015 Regarding Wages Against Workers' Welfare is the average increase in wages in Bekasi district, five years before and after the formula was put in place experienced a significant decrease. The minimum wage, which was five years earlier above the KHL, is now below the KHL. The formula also makes wage increases as a percentage flat, resulting in wider regional wage disparities. The problems studied are: 1. The mechanism for setting minimum wages before and after the birth of PP 78 of 2015 concerning wages. 2. The impact of the implementation of the minimum wage formula in accordance with PP 78 of 2015 concerning wages for workers' welfare. Keywords: Minimum Wages, PP 78/2015 Formula, and Living Needs (KHL).
ANTARA KEADILAN DAN KEPASTIAN HUKUM: KONFLIK YUDISIAL MAHKAMAH AGUNG –MAHKAMAH KONSTITUSI (STUDI KASUS PENINJAUAN KEMBALI) Cindy Cherya
Problematika Hukum Vol 4, No 2: July 2018
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v4i2.1719

Abstract

Although the positions of the Supreme Court and the Constitutional Court are parallel as stipulated in Article 24 paragraph (2) of the 1945 Constitution, these two institutions are still limited by different demarcation lines of authority. However, on a practical level, there are often conflicts between the boundaries of their relationship and authority, for example related to judicial review. This polemic stems from the Constitutional Court Decision Number 34/PUU-XI/2013 which in its decision annulled “Article 268 paragraph (3) of Criminal Procedure Code. As for Article 268 paragraph (3): "a request for review of a decision can only be made once". Historically and philosophically, judicial review was born as a form of state responsibility in protecting the interests and restoring justice and the rights of prisoners who have been illegally confiscated by the state. With the Constitutional Court's Decision, judicial review can be carried out more than once, which has the potential to make the trial process protracted and not in accordance with the litis finiri oportet principle (every case must have an end). Following up on the juridical implications, the Supreme Court issued a Supreme Court Circular Number 7 of 2014 which again contradicted the Constitutional Court's Decision Number 34/PUU-XI/2013 by allowing the judicial review to be submitted only once. The purpose of this study is to describe the relevance of the Constitutional Court Decision Number 34/PUU-XI/2013 and Supreme Court Circular Number 7 of 2014 regarding the Judicial Review in the perspective of justice and legal certainty and its implications for the litis finiri oportet principle in criminal procedural law in Indonesia. Sources of legal materials used in this research are primary legal materials in the form of legislation and court decisions as well as secondary legal materials in the form of legal literature and research results.
PEMBATALAN KONTRAK SEPIHAK PENGADAAN BARANG/JASA PEMERINTAH TERKAIT PEMENUHAN PRESTASI YANG BELUM TERSELESAIKAN SETELAH BERAKHIRNYA JANGKA WAKTU KONTRAK Fennieka Kristianto; Fidela Gracia
Problematika Hukum Vol 4, No 2: July 2018
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v4i2.1720

Abstract

The development within business sectors in Indonesia is growing rapidly, and it is coherent that within business activities the word, as well as the role of contract, cannot be separated. It is due to the fact that the contract itself is one of the most crucial elements among the relationship of business actors in operating their business activities. One of the prominent business sectors in Indonesia is the procurement of goods/services, both by private or Government. This journal will solely focus on the procurement of goods/services by the Government which is the Government of Indonesia. The procurement of Government goods/services is regulated under Presidential Decree No. 16 year 2018 concerning the Procurement of Government goods/services (hereinafter referred to as “Procurement of Government Goods/Services Regulation”). Consequent to the ratification of this Presidential Decree, it has arisen several issues and concern towards the relevant business actors within this field which includes the conformity of the provisions with the principles of contract law in Indonesia along with the question in which unilateral contract termination/cancellation may occur in the interim of the procurement of Government goods/services contract. The research that is done for this journal is through normative legal research. Pursuant to the thorough examination done in this journal, it can be concluded that the rules and regulations relating to the procurement of goods/services are in conformity with the contract principles in Indonesia, and the cancellation/termination of the contract unilaterally cannot be justified legally if the provider fails to complete their performances within the period written and agreed under the contract as the Procurement of Government Goods/Services Regulation permit the extension of the work period.
LEGITIMACY OF ADVOCATES RELATED TO THE COURT EXAMINATION PROCESS Muhammad Rezeqi; Zenny Rezania Dewantary
Problematika Hukum Vol 4, No 2: July 2018
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v4i2.1721

Abstract

Court examination in Indonesia, particularly on the first and second stage, works on examining facts of a disputed case. Ideally, the Judge’s decision is made based on consideration about the case. However, one case showed that the legitimacy of the advocate team that worked on that case, interfere the Judge consideration and changed the result of the examination. The problem was, the presumed illegitimate advocate was made based on a vast-changing law about advocate. Indonesia experienced several change from multi-bar to single-bar and to multi-bar system of advocate bar. The question of the legitimacy of the advocate on that case was based on that unfortunate condition of the bar system, not because of the neglect performed by the advocates themselves. This led to a question on how the procedural aspect like the legitimacy of advocate could affect the material aspect, which is the on-going case and resulted to a different verdict.
PERBANDINGAN SUBSTANSIAL MENGENAI DEFINISI DAN RUANG LINGKUP MEREK ANTARA UNDANG-UNDANG MEREK 2001 DAN 2016 Sujana Donandi. S
Problematika Hukum Vol 4, No 2: July 2018
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v4i2.1722

Abstract

In this era of globalization and improving technology, the law of trademark is expected to adapt the society factual needs, especially in giving the boundary of definition and scope of trademark. Trademark regulation in Indonesia was previously govermed in Law Number 15 Year 2001 which has been revised by Law Number 20 Year 2016 concerning Trademark and Geographical Indication. This new law is expected to present updates on values which could reach the business practice nowadays compare to the old law. This research aims to do a substantial comparison regarding definition and scope of trademark between trademark law 2001 and 2016. This research is done using normative legal research method through comparison approach. The result shows that the definition of trademark has improved from law 2001 to 2016 by the existence of a more specific definition on trademark by adding provision regarding the shape of trademark both in two dimension and/or three dimension, voices, and hologram. Nevertheless, this definition does not clearly govern on trademark that particularly used in internet. Moreover, the trademark classification has no change that trademarks are still divided into trading trademark, service trademark, and collective trademark. Legal sytem of trademark protection is also remain the same, using the constitutive system. Regarding the trademark the can not be registered and the rejected application also has no significant change, except the additional arrangement on the trademark that can not be registered which is now including the trademark which contains element that can cause misleading to the society concerning on the origin, quality, type, size, classification, objective of the goods and or service applied, or for it is similar to names of protected plant variety for the same types of goods and or service, as well as contains information which is not appropriate to the quality, function, or benefits of the produced goods and or services.

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