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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 2 (2020)" : 5 Documents clear
THE PUBLIC TRUST IMPACT OF VIOLATIONS OF ETHICAL CODES IN CONSTITUTIONAL COURT DECISIONS Adinda Isya Handy Putri; Balqis Vaniia Gitta; Emmanuella Patricia Sinaga; Irene Gianti Citra Nadia Moho; Nila Akmala
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5162

Abstract

This research explores the impacts resulting from severe breaches of ethical codes in the decisions of the Constitutional Court that have led to a drastic decline in public trust. This decline is considered a significant barrier to the progress and sustainability of Indonesia’s constitution in the future. These impacts not only affect the constitutional system but also permeate specific elements within society. It is a serious issue that can damage the integrity of the Constitutional Court, an institution that should uphold honesty and transparency in carrying out its duties and authorities. The Constitutional Court, which should be a fully trustworthy institution, is now perceived to have tarnished its image. Various new perspectives have emerged, measuring the breakdown of integrity within the Constitutional Court. The diminishing trust of the public signifies a wavering authority and independence of this institution. There have been numerous actions by the public showing signs of disappointment and regret towards the Constitutional Court. This calls for a comprehensive evaluation to eradicate the roots that have damaged the core of this institution. Such efforts need to be undertaken by all layers of society, accompanied by contributions and sacrifices, to safeguard and oversee that our constitution remains unharmed and leads to a better and sustainable constitutional future.Keywords: Constitutional Court, Severe Breaches, Drastic Decline
UNCOVERING THE MEANINGFULNESS OF INTERNATIONAL LEGAL INTERPRETATION: SOURCES, METHODS, AND EFFECTS Maria Regina Sekar Kedaton Saputra
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5164

Abstract

State-to-state relations are largely governed by international law, and how this legislation is interpreted affects how it is applied. The significance of international legal interpretation is examined in this article as a basis for fairness, stability, and collaboration among nations. Understanding and comprehending frequently complex international legal texts is a fundamental step in the difficult process of international legal interpretation. We go into great length in this article about the function of interpretation in international economic relations regulation, peacekeeping, state behavior regulation, global cooperation, human rights protection, and compliance promotion.Keywords: International law, Interpretation, function.
LEGAL ANALYSIS OF INDONESIA’S DECISION TO RELOCATE ITS CAPITAL TO EAST KALIMANTAN Faiz Orlando Amryanto Pidani; Maria Puspita Dewi Sinaga; Sharon Pinkan Karwur; Zanneta Angkumala Putri Sandra
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5159

Abstract

The relocation of the capital city of Indonesia from DKI Jakarta to East Kalimantan has been a major focus since it was announced by President Joko Widodo on August 16, 2019. This decision is rooted in population density, efforts for economic equality, and balanced development. This article deeply analyzes the driving factors and impediments behind this relocation, summarizes Indonesia's constitutional system perspective regarding the plan, and evaluates the feasibility of Indonesia in executing the capital city's relocation. This decision also has stirred varied responses in society, prompting the urgency for appropriate legislative revisions or even a referendum to ensure the right decision, impacting public trust. Using the literature review research method, this article extracts information from various legal sources such as books, journals, and related articles. A descriptive approach is employed to provide a systematic overview of the research object. Despite the pros and cons surrounding this relocation, the government has ratified Law No. 3 of 2022 concerning the State Capital to proceed with the plan.Keywords: Law, Capital City, Constitutional System, Public trust, Disaster
Analysis Determination of Constitutional Court Decision: President and Vice President Candidate Age Jessy Chrissensya Anatasya; Sotar Dodo Manurung; Isnaena Chairani; Rachel Elisabeth Sibarani
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5160

Abstract

The decision of the Constitutional Court on Law Number 7 of 2017 concerning General Elections: Age Limit for Presidential and Vice Presidential Candidates has become a polemic for Indonesian politics. Constitutional Court decision approving the age limit for the President and Vice President at 35, previously the minimum age was 40 (UU No.7 Article 169 letter q of 2017). In the 1945 Constitution article 24C paragraph 1, the Constitutional Court has no authority to replace and amend laws that the Legislative institution has enacted. This has become a polemic in the election of Indonesian Presidential and Vice Presidential candidates on 14th February 2024. The public considers that the Constitutional Court's decision does not reflect the 5th principle of Pancasila and violates the code of ethics as a judge. This decision of the Constitutional Court changed the Indonesian people's view of the law for the worse because the government easily changed the law.Keywords: Constitution court; Age; President Elections; The Laws
Reverse Evidence System in TPPU and Corruption Criminal Verdict Cases Kharina Aliyya Putri Widiyawati; Regita Berliana Pangestu; Shafira Eka Putri; Anggi Pertiwi Meliala
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5161

Abstract

In the context of criminal law, the burden of proof generally lies with the prosecution. However, in cases of Money Laundering (TPPU) and Corruption, there is a unique phenomenon in the form of a 'reverse evidence system'. This system allows the burden of proof to be shifted to the defendant to prove that the assets or property he owns come from a legitimate source. This phenomenon emerged in response to the difficulty of uncovering the extensive networks and complex methods used by TPPU and corruption perpetrators. Through a literature study, this research explores the origins, legal basis, and implications of applying the reverse evidence system in these cases. The research results show that although this system has advantages in increasing the effectiveness of prosecutions, it also raises controversies related to human rights principles and principles of justice. It is important for legal practitioners to understand the balance between efforts to eradicate crime and protect individual human rights.Keywords: Burden of Proof; Corruption; Human Rights; Money Laundering Crime (TPPU); Reverse Evidence System.

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