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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 5, No 1: January 2019" : 5 Documents clear
FOREIGN SHARE OWNERSHIP LIMITS IN THE BUSINESS FIELD OF MINERAL AND COAL MINING ON PEOPLE’S WELFARE Ida Sumarsih
Problematika Hukum Vol 5, No 1: January 2019
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v5i1.4447

Abstract

Natural Resources as an unrenewable resources are a gift from God Almighty and owned by the Indonesian people, according to Article 33 paragraph (3) of the 1945 Constitution, and their management must be used to realize people’s welfare. In practice, the management of mineral and coal mining is carried out by involving foreign investors who require security guarantee for their business and investment. This research aims to answer the problem regarding setting limits on foreign share of ownership in the mineral and coal mining business sector in Indonesia and its implementation. This problem is then used as a basis for consideration to realize policies that have legal certainty to support efforts to realize people’s welfare. This study uses two theories, namely the purpose of law (Gustav Radburch) and the theory of the legal system (Lawrence Friedman). The research method used is normative juridical with empirical juridical support.The findings of the research show that in enforcing limits on foreign share ownership there is still law smuggling, for example through borrowing names or nominees to secure the interests of foreign investors even though normatively they do not fulfill the legal terms of agreement as stipulated in article 1320 of the Civil Code. For investors the nominee agreement is a legal solution to ensure the security of investment in the mining sector in Indonesia. Therefore, the state needs to carry out supervision and law enforcement so that limitation on foreign share ownership can be implemented in accordance with the applicable laws and regulations. So that the purpose of exploiting mineral and coal mining for the welfare of the people in the mining sector can be realized and in
IMPLEMENTATION OF “DESA MANDIRI” CONCEPT IN THE COVID-19 PANDEMIC SITUATION (CASE STUDY DESA SUKANALU, SUBDISTRICT BARUSJAHE)
Problematika Hukum Vol 5, No 1: January 2019
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v5i1.4418

Abstract

There are certain obstacles in implementing Desa Mandiri Concept since Covid-19 Pandemic enacted as global disaster. This article aims to explain the effort of village to become Independent as reflected in Desa Mandiri Concept. In order to explain its practice in the society, this article is based on the research conducted in Sukanalu Village. This research uses social legal methods, which is interdisciplinary in nature able to explain legal issues more meaningfully theoretically and practically explains the operation of law in the daily lives of citizens. The results of this study indicate that the synergy between the village government and the community will facilitate the sustainability of development in Sukanalu Village. The goals that were built from scratch will be realized. From the research findings, it can be seen that the ability of the village of Sukanalu is quite a lot, namely budget assistance from the central government through village funds, assistance from local governments, and having a reliable community for guarding posts and disseminating central government policies and area. Therefore, it can be seen that the village government's strategy through utilizing its capabilities has gone well in accordance with the prevailing policies in dealing with the Covid-19 Pandemic.Keywords: Desa Mandiri, Sukanalu Village.
Antara Kesejahteraan Buruh dan Sustainability Dunia Usaha, dalam RUU Cipta Tenaga kerja Omnibus Law Mahayoni Mahayoni
Problematika Hukum Vol 5, No 1: January 2019
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v5i1.4419

Abstract

Demonstrations against Law No.11 of 2020 concerning Job Creation are rife. But is it true that workers / laborers or students and other protesters already know and understand the contents of Law No.11 of 2020 concerning Job Creation correctly? Is it true that the law only benefits entrepreneurs and for the sake of attracting foreign investors, and neglecting the welfare of workers / laborers? So far, Law Number 13 Year 2003 concerning Manpower has become a solid guideline for the industrial world in Indonesia. Is it considered to be more pro-workers? Is the presence of Law No.11 of 2020 concerning Job Creation which has been passed by the DPR no longer siding with workers? This study will compare in detail the Job Creation Law and Law No. 13/2013 on Manpower from the labor / labor side and the business continuity side. So that both parties can understand each other and together build a strong economy. Entrepreneurs must be given the opportunity to develop and sustain, while workers’ / laborers' welfare is very decisive in the progress of the company. The author examines by comparing 9 things that are the differences in the two laws. The author compares the verses related to workers' rights that they have felt and enjoyed. The author analyzes the things that benefit or harm the worker / laborer or entrepreneur. Thus, it is hoped that this researc
WEWENANG DIREKSI PERUSAHAAN PERSEROAN DAERAH (PERSERODA) TIDAK TERLEPAS DARI PERAN SERTA ORGAN PERSEROAN Endang Suratminingsih
Problematika Hukum Vol 5, No 1: January 2019
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v5i1.4420

Abstract

BUMD organs (Regional Owned Enterprises) in regional company companies consist of a general meeting of shareholders (GMS); commissioner; and directors. The GMS is a company organ with powers not granted to the Board of Directors or the Board of Commissioners within the limits specified in the Job Creation law and/or the articles of association. The commissioner is tasked with supervising the regional state-owned companies and supervising and providing advice to the directors in running the management of the company, although in certain cases the directors are not authorized to represent the company. However, the condition of Perseroda's governance is still not optimal, as can be seen from the presence of bureaucratic work patterns that lead to actions by the directors beyond their authority, this causes the authority of the directors to take actions for the interests of the company not optimally and the function of the commissioners as supervisors does not work according to their authority. To answer the problem the theory used is the GONE theory which was introduced by Jack Bologne Gone where the position of directors is very prone to carry out acts of self-enrichment due to the inherent authority for directors in representing the company that is unlimited and unconditional. It can be concluded that there is a compromise between the role of directors and the role of commissioners in corporate governance. Good Corporate Governance (GCG) is only considered as a company logo (symbol). Therefore, it is suggested that shareholders are expected to form a special team of professional experts in their field consisting of BUMD coaches/practitioners/academicians/entrepreneurs to select candidates for company management in order to produce a director and commissioner who has concern and good faith ability, honest loyalty to the company with a degree of high knowledge in the field of business,
JOB CREATION LAW: HEALTHY INVESTMENT CLIMATE OR INJURED CLIMATE COMMITMENT? Cindy Cherya
Problematika Hukum Vol 5, No 1: January 2019
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v5i1.4422

Abstract

To overcome the problem of overlapping regulations and complexities of investment in Indonesia, on 5th October 2020, the Jokowi government passed Law Number 11 of 2020 concerning Job Creation (“Job Creation Law”), which is still a controversy to this day. This law has drawn broad criticism, particularly regarding the formal law-making and its problematic substances. Critics argue the legal drafting process is not in accordance with the characteristic of good law making aspired by the 1945 Constitution and Law Number 12 Year 2011 concerning the Establishment of Legislation (“Establishment of Legislation Law”). Noting that the academic text of this law does not address the importance of protecting forests and the environment, but only focuses on increasing economic development and investment. The public is faced with a dilemma of trust whether there is a trade between economic growth and environmental sustainability that is hidden by the government. The pro-deforestation articles in this law generate fundamental changes in the framework of protecting Indonesia's environment which it is feared could open the door to massive deforestation and have a global impact on violating Indonesia's climate commitment under Paris Agreement. Through this writing, the author questions the consistency of the Indonesian government in carrying out its climate commitments to prevent future deforestation. The authors will identify weakening instruments for environmental protection and forest management under the Job Creation Law as well as their impact to environmental protection efforts and Indonesia's future climate commitments. At the end of this study, the author found that due to weakening of forest and environmental protection instruments, Indonesia risks failing to meet its climate commitments targeted in the first Nationally Determined Contribution (NDC) to reduce deforestation to below 3.25 million hectares by 2030 or a maximum of 325,000 hectares / year during 2020 to 2030 either on their own or with international assistance.

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