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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 97 Documents
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SANKSI HUKUM BAGI KEPALA DAERAH YANG TERBUKTI MELAKUKAN PERZINAHAN Sujana Donandi S
Problematika Hukum Vol 3, No 2 (2017): July 2017
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v3i2.763

Abstract

Adultery conducted by The Head of a Region (The Head) occurs legal consequences for the head. Then , how are the legal sanction for The Head that has been proven commit to adultery? Considering there are 2 presence legal subjects namely natural person and incumbency attached to the one who act as The Head, so, how would the imposition of sanctions against The Head be? This research attempts to described how are the implementation of legal sanction that can be given to The Head proven doing adultery. This is a Normative Legal research that try to examine the implementation of legal sanvtion to The Head who been proven commit to adultery using literatures and legislation as source of analysis. The results show that The Head that has been proven commit to adultery could be sentenced with maximum 9 months in prison sanction based on article 284 KUHP and administrative sanctions of dismissal from the position based on the Act no. 23 2014 Concern on local government .
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,
Tes Insolvensi Terhadap Kejahatan Insolvensi (Transplantasi Hukum Dan Urgensinya) Timotius Noto Susilo
Problematika Hukum Vol 4, No 1: January 2018
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v4i1.1338

Abstract

UU No. 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang dalam proses revisi. Beberapa poin pada rancangan undang-undang menambahkan sejumlah poin pengaturan yang tidak ada sebelumnya. Satu dari sejumlah poin tambahan tersebut menarik untuk dikaji, yakni mengenai pasal tentang tes insolvensi. Membaca Naskah Akademik RUU akan ditemukan argumentasi bahwa tes insolvensi diatur demi mengukur keadaan perusahaan, dari aspek likuiditas, nilai aset, dan kemampuan perusahaan dalam membayar utang (termasuk utang yang kontingen dan prospektif). Dalam peristiwa hilangnya kemampuan perusahaan (debitor) memenuhi prestasinya terhadap para kreditor, aktivitas-aktivitas kejahatan seperti penggelapan atau penyelewengan pembukuan perusahaan –dalam genus ‘fraud’ dan ‘concealment’- tidak jarang menjadi faktor penyebab. Sementara itu, hasil tes insolvensi ini –sebagaimana jika nantinya ditransplantasikan ke dalam RUU Kepailitan- akan menjadi pertimbangan hakim dalam menjatuhkan putusan pailit. Maka, tidakkah tes insolvensi perlu beroperasi ekstensif agar mampu turut mendeteksi apakah inabilitas perusahaan terhadap tanggungjawab utangnya ini murni karena resiko bisnis semata atau karena ada kejahatan sebagai faktor predominan? Atau jika tes insolvensi begitu limitatif berfokus untuk mengukur solvensi debitor, maka tidakkah tes insolvensi jadi kehilangan urgensinya.
PERBANDINGAN SUBSTANSIAL MENGENAI DEFINISI DAN RUANG LINGKUP MEREK ANTARA UNDANG-UNDANG MEREK 2001 DAN 2016 Sujana Donandi. S
Problematika Hukum Vol 4, No 2: July 2018
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v4i2.1722

Abstract

In this era of globalization and improving technology, the law of trademark is expected to adapt the society factual needs, especially in giving the boundary of definition and scope of trademark. Trademark regulation in Indonesia was previously govermed in Law Number 15 Year 2001 which has been revised by Law Number 20 Year 2016 concerning Trademark and Geographical Indication. This new law is expected to present updates on values which could reach the business practice nowadays compare to the old law. This research aims to do a substantial comparison regarding definition and scope of trademark between trademark law 2001 and 2016. This research is done using normative legal research method through comparison approach. The result shows that the definition of trademark has improved from law 2001 to 2016 by the existence of a more specific definition on trademark by adding provision regarding the shape of trademark both in two dimension and/or three dimension, voices, and hologram. Nevertheless, this definition does not clearly govern on trademark that particularly used in internet. Moreover, the trademark classification has no change that trademarks are still divided into trading trademark, service trademark, and collective trademark. Legal sytem of trademark protection is also remain the same, using the constitutive system. Regarding the trademark the can not be registered and the rejected application also has no significant change, except the additional arrangement on the trademark that can not be registered which is now including the trademark which contains element that can cause misleading to the society concerning on the origin, quality, type, size, classification, objective of the goods and or service applied, or for it is similar to names of protected plant variety for the same types of goods and or service, as well as contains information which is not appropriate to the quality, function, or benefits of the produced goods and or services.
JOB CREATION LAW: HEALTHY INVESTMENT CLIMATE OR INJURED CLIMATE COMMITMENT? Cindy Cherya
Problematika Hukum Vol 5, No 1: January 2019
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v5i1.4422

Abstract

To overcome the problem of overlapping regulations and complexities of investment in Indonesia, on 5th October 2020, the Jokowi government passed Law Number 11 of 2020 concerning Job Creation (“Job Creation Law”), which is still a controversy to this day. This law has drawn broad criticism, particularly regarding the formal law-making and its problematic substances. Critics argue the legal drafting process is not in accordance with the characteristic of good law making aspired by the 1945 Constitution and Law Number 12 Year 2011 concerning the Establishment of Legislation (“Establishment of Legislation Law”). Noting that the academic text of this law does not address the importance of protecting forests and the environment, but only focuses on increasing economic development and investment. The public is faced with a dilemma of trust whether there is a trade between economic growth and environmental sustainability that is hidden by the government. The pro-deforestation articles in this law generate fundamental changes in the framework of protecting Indonesia's environment which it is feared could open the door to massive deforestation and have a global impact on violating Indonesia's climate commitment under Paris Agreement. Through this writing, the author questions the consistency of the Indonesian government in carrying out its climate commitments to prevent future deforestation. The authors will identify weakening instruments for environmental protection and forest management under the Job Creation Law as well as their impact to environmental protection efforts and Indonesia's future climate commitments. At the end of this study, the author found that due to weakening of forest and environmental protection instruments, Indonesia risks failing to meet its climate commitments targeted in the first Nationally Determined Contribution (NDC) to reduce deforestation to below 3.25 million hectares by 2030 or a maximum of 325,000 hectares / year during 2020 to 2030 either on their own or with international assistance.
LEGAL PROTECTION OF CONSUMERS IN HOME ORDER LETTER (SPR) FROM THE DEVELOPER Maria Francisca
Problematika Hukum Vol 5, No 2: July 2019
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v5i2.4719

Abstract

The initial process of buying a house at a developer company is carried out with a House Order Letter (SPR) and the consumer is immediately given a receipt for the purchase of a house unit. In its implementation, this SPR uses standard clause agreements which are more detrimental to consumers. In the course of this credit agreement, preceded by an SPR from the developer company, it became a thing that was detrimental to the community who had paid the receipt and was canceled unilaterally by the developer company on the grounds that the bank refused to apply for a mortgage. In this case, legal protection is needed for consumers to get a full refund of what they deposited because the unilateral cancellation has been carried out by the Developer Company. Business actors as parties who make agreements use standard clauses that tend to release, transfer or reduce their responsibilities which should be the responsibility of business actors, by violating Article 18 paragraph (4) UUPK, so that in general, consumer rights are still not protected because business actors are concerned with the fulfillment of protection for their parties against the risks they may face. The SPR agreement does not conflict with applicable law but its moral responsibility is required to protect consumers.
THE INFLUENCE OF INTERNATIONAL LAW ON MUNICIPAL LEGAL SYSTEMS IN ASEAN Regina Cyrilla Candra
Problematika Hukum Vol 10, No 1 (2024)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v10i1.5140

Abstract

The paper explores the influence of international law on ASEAN member states' municipal legal systems, with a focus on treaty incorporation, customary international law, and involvement with international jurisprudence and institutions. It emphasizes the challenges that ASEAN faces, such as fragmentation, a lack of public awareness, and varying political conditions, which interfere with unified implementation of international law. Despite these challenges, mutual dependence and aspirations for regional integration demands continuous compliance to international law. The ASEAN Charter plays an essential role in strengthening the region's legal framework. Furthermore, efforts to address fragmentation, raise public awareness, and increase stronger political commitment to international law are essential for an ASEAN region that is stable, honors human rights, and is fully integrratedKeywords: ASEAN, Compliance, International law, 

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