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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
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Search results for , issue "Vol 7, No 2 (2021)" : 5 Documents clear
ENVIRONMENTAL LAW IN INDONESIA: BALANCING DEVELOPMENT AND CONSERVATION Alexander Jonathan Wijaya; Clarissa Adelia Elizabeth; Mariska Putri Hernani; Resa Panjaitan⁴ Resa Panjaitan⁴
Problematika Hukum Vol 7, No 2 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i2.5175

Abstract

With Indonesia’s dynamic environment and economy, development, and conservation in both factors is mandatory to maintain its continuity. The environmental law's role and prospect as an agent of balance, agent of conservation, and certainly agent of change is an issue that cannot be negotiated to achieve healthy and sustainable development in Indonesia. With the main issue being emissions, Indonesia’s progress in achieving a “green” economy lingers in a pause. However, amidst these challenges, Indonesia has set its sights towards a brighter future, aimed at mitigating emissions and fostering an energy transition. Its commitment towards net-zero emission is underlined. It aims to provide a road map for bolstering Indonesia's environmental legislation, igniting revolutionary change, and cultivating a future in which development and conservation live in harmony, protecting Indonesia's natural heritage and guiding the country toward a prosperous and sustainable future in the field of the green economy and achieving the SDGs. Using an extensive examination of legal frameworks, empirical qualitative data, case studies, and stakeholder viewpoints, this study aims to illuminate the obstacles, prospects, and possible routes for Indonesia to manage the equilibrium between development and preservation within the framework of emissions mitigation.Net-Zero Emission, Environmental Law, Green Economy
INTERNATIONAL AND REGIONAL ORGANIZATION: ORGANIZATIONS AND THEIR ROLES IN MARITIME DELIMITATION OF THE INDIAN OCEAN Oktavia Ajeng Kartika Dewi
Problematika Hukum Vol 7, No 2 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i2.5176

Abstract

Freedom of opinion, especially on social media, is currently widely misunderstood and misused by society, because the exercise of the right to freedom of expression is a matter of society many people commit acts that turn into insults, accusations without evidence, or evidence defamation that causes harm to certain individuals. Problems in research include how the law regulates crimes and violations of the abuse of the right to freedom of opinion on social media and what criminal sanctions are for criminal acts of defamation under the guise of freedom of expression. Method used In preparing this article, the author used a qualitative approach by looking at it from a normative juridical perspective. This law research is based on legal principles, legal systematics, and legal synchronization both horizontally and vertically. This data collection was obtained from previous journal/paper references. This research concludes that freedom of Opinion is not absolute freedom, but opinion must be appropriate to ethics and norms in society and by legal regulations without harming parties.Keywords: Criminal acts; Defamation; Freedom of expression
IMPLEMENTATION OF DISCLOSURE PRINCIPLE TOWARDS PUBLIC COMPANIES: JURIDICAL ANALYSIS ON LAW NO. 8 YEAR 1995 AND PERPU NO. 1 YEAR 2020 Fennieka Kristianto; Fidela Gracia
Problematika Hukum Vol 7, No 2 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i2.5172

Abstract

The development of a country is influenced by several sectors which include the economic sector and it is considered to be one of the most essential factors in the growth or 3development of the country. The development of Indonesia itself is known to be immensely affected by economic growth. This economic growth is likewise running and participated by a lot of parties from Indonesia as well as foreign parties which are obtained through their investment here in Indonesia. One of the most influential parties within economic growth is the capital market itself which functions to help business actors. However, due to the current situation caused by the pandemic COVID-19, the Indonesian Government issued a Regulation of The Government in place of Law No. 1 in the year 2020 concerning Kebijakan Keuangan Negara dan Stabilitas Sistem Keuangan Untuk Penanganan Pandemic Corona Virus Disease 2019 (COVID-19) dan/atau Dalam Rangka Menghadapi Ancaman Yang Membahayakan Perekonomian Nasional dan/atau Stabilitas Sistem Keuangan (hereinafter referred to as PERPU COVID-19). As this regulation is implemented it raises several issues regarding the relevant existing law. The research method that is enforced within this journal is analytical normative research, this research is a general exploration that is likely aiming to execute legal aspects functioning as a prescriptive order, and in this method, the law from the stance of the norms will be inspected. This research is fulfilled through the implementation of a statute approach that is completed by evaluating the relevant laws and regulations relating to the issues set forth within this research. This journal will analyze the applicable regulations, as well as the contradictory matters, that arise from PERPU COVID-19 about the disclosure principle towards public companies.Keywords: Disclosure Principle, Emiten, Public Company, Capital Market, Capital Market Law.Article History
INDONESIA'S URGENT NEED TO JOIN THE INTERNATIONAL CRIMINAL COURT (AMID HUMAN RIGHTS VIOLATIONS CONTEXT). Oktavia Ajeng Kartika Dewi; Felicia Miyuki Luntungan; Petra Novita; Aisyah Zafira Usman; Najwa Khalilatur Rahmah
Problematika Hukum Vol 7, No 2 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i2.5173

Abstract

This research was conducted to find out the tendencies of the ICC from the perspective of Rome 1998. Using normative juridical research methods. International Criminal Court (ICC) permanent independent and international tribunal to try the crimes of genocide, crimes against humanity, war crimes, and crimes of aggression, such as the four major international crimes of a host is humanism generis character. Humanitarian crimes, war crimes, genocide, and aggression constitute a serious violation of rights Human rights (HAM). The crime is classified as the most serious offense seriously so always pay attention internationally. There is an international focus on this practice gross violation of human rights does not matter the world is tamed with practice Human rights are harsh. Unfortunately, so far, there have been many perpetrators of gross human rights violations that cannot be tried in the country where crime is earned (Locus Delicti). In general, the perpetrators of gross human rights violations a real person donation regimes tend to do its author protection. Another reason is that the perpetrators have not or have not been tried Serious crime is a legal system that in the country where the crime occurred it's not enough to fight fair trial of the author. Indonesia will get many benefits by becoming a member country and by incorporating into national law the provisions of the Rome Statute by Indonesia.Keywords: Rome statute, human rights, Indonesia, ICC
DEMOCRATIC CRISIS IN INDONESIA’S ADMINISTRATIVE LAW RELATED TO RUU DKJ PROPOSED BY DPR RI Alexandra Denise Setia Santosa; Meida Wulansari2 Meida Wulansari2; Michelle Angela Kawanda; Vanessa Manuela Patty; Vina Julfiana Wibowo
Problematika Hukum Vol 7, No 2 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i2.5174

Abstract

The crisis is a critical situation and democracy is an idea or outlook on life that prioritizes equal rights and obligations as well as equal treatment for all citizens. The democratic crisis in Indonesia is getting worse thanks to the passing of the Draft Law on the Special Region of Jakarta (RUU DKJ) on Tuesday, December 5 2023 by the House of Representatives. In the Draft Law on the Special Region of Jakarta (RUU DKJ) it is written that the Governor and Deputy Governor are appointed by the President and the Mayor and the Regent are appointed by the Governor. Draft laws should be made in the interests of the people with democratic values. However, it is very unfortunate that several decisions in the Draft Law on the Special Region of Jakarta (RUU DKJ) are not in line with this principle. This research will examine the problem by referring to the 1945 Constitution and Law Number 6 of 2020, using qualitative and evaluation methods to explore the impact and implications of the DKJ Bill on democracy in Indonesia.Keywords: Crisis; Democracy; Rancangan Undang-Undang; House of Representative; Government.

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