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Robert P. Radjagoekgoek
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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 6, No 1 (2020)" : 5 Documents clear
BREAKING THE CHAIN OVERCOMING, UNDERSTANDING, PREVENTING AND ERADICATING SEXUAL HARASSMENT IN INDONESIA Fadhillah Mahendra; Violin Revalika Arwis
Problematika Hukum Vol 6, No 1 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i1.5153

Abstract

This abstract focus on sexual harassment case in Indonesia, “Breaking the Chain Overcoming, Understanding, Preventing and Eradicating Sexual Harassment in Indonesia”. Sexual harassment cases are common cases that occur not only in Indonesia, but also in the world. Cases of sexual harassment also often receive the attention of the public, state officials and the law. Even though there is a legal framework in Indonesia, low incident reporting is still a challenge. This highlights the need for a comprehensive understanding of the cultural nuances that shape perceptions and responses to such behavior. Cases of sexual harassment do not only happen to women, but also to men. Those who became victims also came from various ages, from toddlers to even the elderly. This abstract will be focus on aims why we need to minimize cases of sexual harassment in Indonesia.ArticleAbstract Keywords: Sexual Harassment, Indonesia, Legal Framework, Social-Culture Society.
THE USE OF JURISPRUDENCE IN INDONESIAN LAW COURT AS A CIVIL LAW COUNTRY Regina Cyrilla Candra
Problematika Hukum Vol 6, No 1 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i1.5154

Abstract

Jurisprudence refers to the decisions made by earlier judges regarding cases that are not covered by the law and which serve as a model for later judges when deciding cases of a like nature. The Supreme Court is an entity with judicial authority in Indonesia and has the authority to publish rulings. As a civil law country, Indonesian law courts do not use jurisprudence as a main legal source. Court judgments under this system are predicated on pertinent laws and regulations, such as the 1945 Constitution, MPR Decrees, Laws, Government Regulations, Presidential Decrees, Supreme Court, Ministerial Decrees, and others. This means that the judge's judgement, which is based on the facts or the available evidence, has some latitude. On the contrary, some countries use common law as their legal system. This legal system favours customary law, which changes over time in accordance with societal changes. In order to ensure that the law is always consistent with a feeling of justice and advantages that are felt immediately by the community, it was established via a judicial institution with a jurisprudence system that is regarded to be superior. Although the Indonesian legal system does not operate on a precedent system, general court judges or judges in lower-level courts are nonetheless required to take the Supreme Court's rulings seriously. This paper will be written as a discussion of how Indonesian law court as a civil law country utilises the jurisprudence, which is the product of common law system, even when it is not commonly used. This paper will also be written to elaborate the comparison between the use of jurisprudence in civil law countries such as Indonesia, and the origin countries that are using the common law system.Keywords: Jurisprudence, Indonesian Law Court, Civil Law Country
PUBLIC PERSPECTIVE ON JUSTICE IN THE PROCESS OF DETAINING SUSPECTS BY INVESTIGATORS Parlindungan Satria; Robert Pangihutan Radjagoekgoek
Problematika Hukum Vol 6, No 1 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i1.5150

Abstract

Humans as legal subjects have rights and obligations in the eyes of the law, having consequences in every action taken by them. The law of criminal procedure (KUHAP) in Indonesia is contained in Law No.8 of 1981, KUHAP, in Article 1 Number 21 where detention is process in the criminal justice system which aims to prevent the perpetrator of a criminal offense from escaping from the place where the perpetrator committed the criminal offense. The research analyses the application of process detention of person who has been named as suspect by investigators does not meet justice from community point of view, because the legal certainty of detention is not equally applied to the community. The case of alleged molestation committed by suspect DC in Bandung and the case of alleged premeditated murder by suspect PC. The suspects have fulfilled all the elements of detention in KUHAP, but the investigators still did not make legal efforts to detain them. The method used is a qualitative approach. Based on the results of the research, the existing detention rules in KUHAP have not evenly provided justice for the community and legal certainty, because the existing legal rules are still multi-interpretation in their application.Keywords: Detention,Investigator, Justice
DATA PROTECTION LAWS IN INDONESIA ANALYZING LEGAL IMPLICATIONS AND CASE STUDIES IN THE DIGITAL AGE Dyani Rizkifitria; Zahra Annisa; Rizqyta Permata Khoerunissa; Avriel Silvio Delano Singal; Bardo Joshua
Problematika Hukum Vol 6, No 1 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i1.5151

Abstract

Navigating the data deluge of the digital age demands a nuanced approach to personal data protection. This research delves into this critical issue through a multifaceted lens, utilizing case studies and analysis of Indonesian data protection regulations. By examining real-life scenarios, we reveal the tangible challenges individuals and organizations face in managing personal data effectively. Our in-depth exploration of existing regulations provides a critical assessment of their strengths and limitations, paving the way for informed recommendations for future improvements. This contribution transcends mere theoretical analysis, offering a practical understanding of the complexities and intricacies of data protection law in Indonesia's dynamic digital landscape. By bridging the gap between theory and practice, this research empowers individuals, organizations, and policymakers to navigate the evolving landscape of personal data protection with greater clarity and confidence.Keywords: Personal Data Protection, Digital age, Legal Aspects.
ANALYSIS OF THE CONSTITUTIONAL COURT’S DECISION REGARDING THE AGE LIMIT FOR PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES Arlen Citra Narindra; Fathimah Natia Salsabila; Nazwa Ayuni; Rayyan Muhammad Aulia
Problematika Hukum Vol 6, No 1 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i1.5152

Abstract

The constitutional court or commonly abbreviated (MK) is the guardian of the constitution in the scope of Indonesian state administration. In this case the constitutional court is tasked with reviving the constitution and enforcing it if there are violations that occur. Indiscriminately and remain straight on the existing codification. However, recently, the Constitutional Court was shaken by an extraordinary new problem that had never been experienced before. The impact of this case finally dragged the chief judge Anwar Usman down from his position. This research will discuss the problem of the decision handed down by the Constitutional Court on the judicial review of Law Number 7 of 2017 concerning General Elections in determining the minimum age limit for the president which finally dragged the Chief Justice of the Constitutional Court for violating ethics and allegations of nepotism.Keywords: Constitutional Court; President; age limit; nepotism; ethics

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