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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 9, No 2 (2023)" : 5 Documents clear
LEGAL ANALYSIS ON ABORTUS PROVOCATUS IN THE LEGAL SCOPE OF INDONESIAN CRIMINAL CODE Diyah Nur Aini Salsabila; Ira Myranty; Leoly Tubel Tsalsabila; Maria Puspita Dewi Sinaga; Razkya Adisra Mulianto; Zanneta Angkumala Putri Sandra
Problematika Hukum Vol 9, No 2 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i2.5208

Abstract

The debate regarding the abortion of prospective children by victims of rape or what is known as Abortus provocateurs is a controversial matter as if this word is taboo to be combined, apart from that in Indonesia itself this is a very taboo thing and is even considered very reprehensible to do, where Indonesia itself has regulated regulations regarding this matter, but in the words regulated, there is a dualism, namely between defending the rights of the prospective baby and overriding the rights of the prospective mother, in Article 31 paragraph (1) PP 61/2014 that abortion can only be carried out based on indications of a medical emergency. It can be seen that this regulation only allows women to abort their future babies for certain reasons and circumstances, but is this fair? For this reason, we are reviewing these legal regulations to provide further interpretation and new analysis regarding how these regulations should apply and whether these regulations regulate the rights of both parties, especially in Indonesian law itself. This analysis uses a descriptive approach to provide a systematic explanation or view regarding abortions carried out by rape survivors. Even though there are pros and cons in this case, the government has ratified the regulation Article 31 paragraph (1) PP 61/2014 that abortion can only be carried out based on indications of a medical emergency and pregnancy due to rape. which prohibits rape survivors from aborting their baby or future babies.Keywords: Rape; Victim; Abortion; Abortus Provocatus.
CIVIL TORT LAWSUIT AGAINST TRAFFIC ACCIDENT CASES Cindy Dear Sinaga; Dhea Anastasya Sigalingging; Ardhya Garini; Najwa Azizah Isma; Siti Laura Efida Imran
Problematika Hukum Vol 9, No 2 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i2.5209

Abstract

In the contemporary landscape, traffic accidents stand as distressingly common events on our highways, carrying the potential to inflict significant harm on both individuals and property. Despite being frequent occurrences, traffic accidents can result in significant material and non-material losses. While the Criminal Code lacks specific regulations about traffic crimes, Law Number 22 of 2009 concerning Road Traffic and Transport (UULLAJ) addresses these issues. The research focuses on three main areas: 1) Unlawful Acts in Traffic Accidents, 2) Compensation as per Article 1365 of the Civil Code, and 3) the Settlement Process and Determination of Compensation. Through analysis of these key aspects, the study aims to provide insights into the legal framework surrounding traffic accidents and the mechanisms for addressing resultant damages within civil law.Keywords: Accident, Tort, UULLAJ, Lawsuit, Liability;
ANALYSIS OF SUPREME COURT DECISION NO.556/Pdt.G/2022 Guisepino Bakito Obe; Virgi Faisya Adhazia; Shelby Yoga Pratama; Aprilia Princes Gray; Jeny Aprilia
Problematika Hukum Vol 9, No 2 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i2.5204

Abstract

This study examines a breach of contract case involving PT. Hasana Damai Putra and Gregorius Harison S, focusing on the court's role in delivering justice and resolving disputes. The case centers on the defendant's failure to fulfill obligations outlined in a property purchase agreement, resulting in financial losses for the plaintiff. The verdict by the Bekasi District Court deemed the defendant's actions as constituting breach of contract, annulling the agreement and ordering compensation for the plaintiff's damages. Using qualitative normative legal research, this analysis explores factors influencing judicial decisions, including factual assessments, legal interpretations, moral considerations, and social contexts. The court's decision, grounded in plaintiff-provided evidence and meticulous legal analysis, underscores its commitment to upholding contractual obligations and ensuring fairness in legal proceedings. Moreover, it highlights the judiciary's role in protecting individual rights and fostering societal stability. This study underscores the importance of court rulings in providing legal clarity, safeguarding rights, and bolstering public confidence in the legal system. By adhering to principles of justice and applicable laws, court decisions serve as vital tools in resolving disputes, fostering social cohesion, and upholding the rule of law. Therefore, this case serves as a poignant illustration of the judiciary's pivotal role in dispensing justice and maintaining legal order within society.Keywords:Breach of contract, Judicial decision-making, Legal analysis, Dispute resolution,Court verdict, Contractual obligations
ANALYSIS OF INFORMATION TECHNOLOGY CRIME AND CRIMINAL LAW ENFORCEMENT POLICY EFFORTS IN THE ERA OF GLOBALIZATION Devinda S; Rizqyta P. K; Cindy Firdiani; Tomasia Da Costa; Shifa S. S; Chelsea Z.P. G
Problematika Hukum Vol 9, No 2 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i2.5206

Abstract

The era of globalization influences the development of technologyand the internet for human life. Cybercrime can be carried out as a form of crime by involving several perpetrators in several jurisdictions of different countries, with target victims in other countries as well. This study analyzes the laws and regulations related to cybercrime in Indonesia, namely, the Criminal Code, the Telecommunications Law, the ITE Law, and the Draft Criminal Code which will become legislation in Indonesia and is based on comparative law and descriptive analysis. The research methodology uses qualitative normative legal methods with a literature study. This research also uses descriptive specifications to describe criminal law enforcement policies in eradicating information technology crimeKeywords:Globalization, Information Technology, Cyber Crime, Criminal Law Enforcement Policy
DEMANDS FOR WORKER'S RIGHTS: A TREATY LAW PERSPECTIVE Ester Theresia Nauli Sibarani; Leonyd Augusta Pangkerego; Mikael Titirlolobi; Tri safitri; Winarny Tamarice Sirenden
Problematika Hukum Vol 9, No 2 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i2.5207

Abstract

Demands for workers' rights are an important issue in the world of work. A contract law perspective is one approach to considering employee rights claims. This research aims to analyze employee rights claims in terms of contract law. Collective agreements are the basis for regulating the relationship between workers and employers. Employee rights are regulated and protected by company agreements. Workers' rights demands cover various aspects, such as fulfilling salaries, benefits, reasonable working hours, safety and health guarantees, adequate leave, protection against discrimination, and guaranteed legal protection. From a contract law perspective, it is important to understand the elements contained in an employment contract, such as the principles of the contract, the conditions that must be fulfilled, as well as the rights and obligations of each party. In addition, applicable laws and regulations must also be considered when resolving disputes between workers and employers. This research method can be used in qualitative normative legal research with secondary data. The results of this research are expected to provide a better understanding of workers' rights and the legal protection available in employment contracts. In short, it emphasizes workers' rights in the world of work. This is an important matter and can be seen from the perspective of contract law. Employment contracts are an important means of protecting workers' rights. However, it is also important to continue to monitor legal developments and improveexisting regulations to better protect workers' rights.Keywords: Worker’s rights, contract law, employee rights, legal protection,

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