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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 8, No 2 (2022)" : 5 Documents clear
CRIMINAL LAW ANALYSIS THE CRIME OF INCEST AND THE PSYCHOLOGICAL EFFECT OF THE VICTIM. Akbar Farrel Herdiana; Akna Khoirun Nisa; Diandra Caroline Siagian; Nadya Raisha Putri; Nurul Ilmi Illahi
Problematika Hukum Vol 8, No 2 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i2.5195

Abstract

Incest refers to sexual or marital relationships between family members that are prohibited by law. Incest cases are often considered taboo and illegal and can have serious psychological and legal repercussions. the most common perpetrators of sexual violence, including incest, are fathers and uncles. Such as the case that occurred in Banyumas, Purwokerto in March 2023 last year. This is sad because many of the perpetrators of violence in the personal sphere are considered and expected to be protectors such as fathers, uncles, and husbands. Criminal responsibility for the perpetrators of incest can be charged with Article 287 of the Criminal Code or Article 419 of Law No.1 of 2023. Meanwhile, the formulation of incest against children can be charged using Article 294 paragraph (1) of the Criminal Code or Article 418 paragraph (1) of Law No.1 of 2023. In addition, the social-psychological impressions obtained by victims who experience incest will experience prolonged trauma. Social impressions are typical, namely that the child will be ostracized by his family, and discriminated against by the community. This article is written using normative and qualitative research methods that begin with an approach that focuses on analyzing applicable legal norms or regulations. The aim is to understand, explain, and interpret the written law. This research aims to assess the effectiveness of criminal law liability and child protection law in the decision and analyze the social sanctions obtained by the victim.Keywords: Incest; criminal code; child protection law; social sanction; psychological impact.
OPTIMIZING CONFISCATION OF CORRUPTION ASSETS THROUGH CIVIL LAW Zefanya Gloria Tachika Lianta; Amelia Chandra Kartika; Naya Hapsari; Tiara Tiara; Arneta Adelia Santoso; Marcelina Lovely Awaeh
Problematika Hukum Vol 8, No 2 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i2.5196

Abstract

For a long time, Indonesia has been facing the complexity of corruption cases. Corruption turns out to be more than just a legal issue. It is also a violation of people's economic and social rights. Poverty, significant social disparities, and overall state losses are also the result of corruption, so Indonesia must always find solutions to rampant corruption. The Follow the Money approach is one of the approaches used in Indonesia to combat corruption today. This approach also uses the main concept of the Corruption Eradication Law (UU PTPK), namely the concept of "state loss recovery" as a legal basis. The return of assets resulting from corruption in the realm of public and civil law is an important part of combating corruption in restorative efforts. Thus, it is expected that every legal source used in Indonesia can optimize the process of asset forfeiture to restore state losses caused by corruption, both in public and civil law.Keywords: Corruption; Corruption Eradication Committee; Confiscation of Assets
LEGAL ANALYSIS ON THE CONSTRUCTION OF MEIKARTA PROJECT FROM THE LENS OF CONSUMER PROTECTION Jonathan Christandy Simamora; Pinkan Puteri Adira; Zahra Aulia Putri
Problematika Hukum Vol 8, No 2 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i2.5192

Abstract

This study examines the legal aspects of the Meikarta project's construction in Indonesia from the perspective of consumer protection. Large-scale real estate development Meikarta has drawn attention because of claims of anomalies and violations of consumer rights. This essay attempts to evaluate the legal environment around the Meikarta project by looking at pertinent Indonesian laws and regulations concerning commercial agreements, consumer protection, and real estate development. Additionally, it assesses any effects on consumer rights and recourse options for impacted parties. With the use of this analysis, the study hopes to advance knowledge of the intricate legal issues pertaining to major construction projects and how they affect consumer protection in Indonesia.Keywords:Construction; Consumer; Consumer Protection; Consumer rights; Megaproject
PROBLEM OF LAND OWNERSHIP CERTIFICATES AS LEGAL PROOF OF OWNERSHIP Frina Debora; Icha Jesika Manalu; Muhajir Muhajir; Pasquale Roy Bagaskara; Rodia Musdalifah Tiofan; Samuel Febrian
Problematika Hukum Vol 8, No 2 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i2.5193

Abstract

Agrarian is the natural resource that humans need most, as a place to live and develop land resources. This development aims to achieve shared prosperity. maintain collective order and guarantee every community's rights in every region. So it is necessary to regulate in law a policy that determines land ownership according to the rights of each individual. Because if it is not regulated it will cause problems in social life. Because of this, the government passed legislation regulating the significance of land ownership as attested to by a Certificate of Ownership or Letter of Ownership (SHM). The government hopes that with SHM, every person who owns land or buildings (certain objects) can have their ownership rights guaranteed in compliance with relevant laws and regulations. Thus, if there is a struggle for property rights, it can be proven by the existence of SHM. Based on Law No. 5 of 1960 and Government Regulation No. 24 of 1997 emphasizes the crucial role of land ownership certificates as legal proof of ownership. This contributes to legal certainty, protection, and justice in the context of land ownership and transactions.Keywords: Problematic, Freehold Title, Land, Evidence, Ownership, Legal.
ANALYSIS ON ARTICLE 340 OF THE CRIMINAL CODE AND ARTICLE 388 OF THE CRIMINAL CODE IN THE JESSICA MIRNA CASE Arifian Awang Budhiarta; Bardo Josua Schumacher Sitohang; Josephine Annabelle Djibu; Stevan Gabriel Louhenapessy
Problematika Hukum Vol 8, No 2 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i2.5194

Abstract

Murders in Indonesia vary widely. The definition of murder is a criminal act that results in the loss of a person's life. Currently, murders occur a lot in various regions in Indonesia. Apart from being influenced by motives, this is also a picture of the moral decline of this nation. It is so easy for someone to take another person's life, that the cause is worth investigating. The harshness of life and the fragility of religious education may also be factors in the ease with which someone can take another person's life. The crime of murder requires the role and duties of the authorities, namely the Police. Murder committed intentionally in its basic form is contained in Article 338 of the Criminal Code, the formulation of which is "Whoever intentionally takes the life of another person, is threatened with a maximum imprisonment of 15 years for murder." The crime of premeditated murder is also formulated in Article 340 of the Criminal Code, the formulation of which is "Anyone who deliberately and plans to kill another person is threatened with premeditated murder, with the death penalty or life imprisonment, or life imprisonment. Certain period, a maximum of twenty years.” In this case, the defendant Jessica Wongso was very depressed and in this trial, according to the author, there was no concrete and clear evidence because an autopsy was not carried out. Because, what is clear is that there must be an autopsy, not just a sampling of stomach organs. Therefore, this case feels very strange and there is no clarity or clear evidence at all. The family refused to carry out an autopsy because they were afraid it would cause damage to Mirna Salihin's body.Keywords: Murder; Premeditation; Autopsy; Laws

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