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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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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.
THE IMPLEMENTATION OF SOCIAL JUSTICE IN THE INDUSTRIAL RELATION MODEL OF INDONESIA (A LAW PERSPECTIVE ANALYSIS BASED ON INDUSTRIAL RELATION REGULATIONS AND PRACTICE IN INDONESIA) Gratianus Prikasetya
Problematika Hukum Vol 3, No 1: January 2017
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v3i1.648

Abstract

Industrial relation is one of important aspect in daily business practice, but sometimes it become the source of problem in business. The problem often be triggered by a gap between employer and employee interest. Employer business and profit oriented interest sometimes does not meet up with the employees paradigm that commonly work for their survival. The Industrial Relation practice in certain contry is always be related with the industrial relation model that internalised in manpower regulation of certain country. Today‟s there are two types of industrial relation model which commonly used, such as contractualist industrial relation model which relatively consists of individual value and corporatist industrial relation model which usually consist of collectivism value. Each industrial relation model is very dependent with the national public policy. This article will explain the industrial relation model which used and internalised in Indonesia based on the ideology and national identity of Indonesia esepcially social justice value. In regards to explain this article, secondary data such as regulation and theories regarding industrial relation and social justice value that become one of basic principle of Indonesia.
ANALYSIS OF LEGAL PROTECTION REGARDING THE COMPANY'S LARGE PROJECT ON FOREIGN DIRECT INVESTMENT IN INDONESIA Muhammad Akbar Hanif Pradana; Mutiani Fadly; Shania Monalisa Batubara; Adelista Firda Destyaningsih
Problematika Hukum Vol 9, No 1 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i1.5202

Abstract

Foreign investment is necessary to support the growth anddevelopment of the national economy in Indonesia. One of the mainresources to support national development is foreign capital payments.There are many factors that foreign investors must consider beforeinvesting in Indonesia. The first is the legal protection imposed by thegovernment on foreign investors. According to Law Number 25 of2007 concerning InvestmentThis research aims to analyze the relationship between foreigninvestment in Indonesia. This research uses a normative approach,meaning the aim is to measure or evaluate something based on existingstandards or norms, in this case, legal norms. The statutory regulatoryapproach method is different from the approach that uses law as themain tool to analyze a particular issue or problem.This transfer of knowledge and technology also benefits a lotfromforeign investors, namely increasing state income or foreign exchangein the investor's home country (Harjono, 2016). Legal protection isone component that supports the growth of foreign investmentbusinesses in Indonesia.Keywords:Foreigninvestment;Investment Law;LegalProtection;
DILEMA PENETAPAN UMK/UMSK KABUPATEN BEKASI KAJIAN TERHADAP PERATURAN PEMERINTAH RI NOMOR 78 TAHUN 2015 TENTANG PENGUPAHAN Mahayoni Mahayoni
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.v3i2.764

Abstract

For years, the determination of the Regency/City Minimum Wage or UMK and the Regency/City Sector Minimum Wage or UMSK has always caused tension to many parties. The difference in viewpoints between Labor Unions and employers' business associations always colored the long series of meetings at the Bekasi Regency Wage Council. Sometimes it is colored by demonstrations and debates that become the dynamics in making decisions that are very much awaited by workers and employers. The issuance of PP 78 in 2015 which determines with certainty the issue of UMSK does not necessarily solve the problem. Although the Workers/Laborers rejected this PP, all of them respected the new rules. It's not fun for all parties, but at least there is certainty about the amount of UMK every year. However, the determination of UMSK is even more confusing. The leading sector studies that form the basis of the Depekab proposal to Workers/Labor associations and Employers' associations in the sector did not satisfy all parties. Each of them tries to propose each other's studies and rejects the other's studies. The Government elements in the Depekab who are facilitators have tried to conduct studies by forming an independent team and involving Labor unions and Employers' associations, but the results have not been accepted by the two elements. This means that the completion of the UMSK determination will still face a steep road. However, Indonesian culture that always upholds deliberation and consensus is so prominent. The end of all studies is the agreement between the Labor association and the Employers' association in the sector that will be superior is the key.
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.
Death Penalty and Rights of Inmates on The Death Row under Indonesia Criminal Justice System Zenny Rezania Dewantary
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.v4i1.1339

Abstract

Indonesia has executed approximately 84 inmates in the death row since 1998. Indonesia actively performed death execution until 2016. After 2016, although no execution has been done, there was a death penalty dropped in 2018. In relation to that, death penalty is stipulated in Indonesia Criminal Code (KUHP and other penal codes outside KUHP) and this makes Indonesia as a retentionist country. Death penalty delivers a death row. Death row is a prolonged death execution, which usualy measured in years. This situation caused a double-punishment, where the convicted must serve in an isolation room in prison, while waiting to be executed. This waiting period seems unavoidable due to some factors. Using normative-empirical research method, this research aims to bring the fact that in Indonesia, there are several factors that have been causing a death row. In this research, this situation is tested using state responsibility principle and some international conventions Indonesia has ratified. The absence of provision related to maximum death execution time after verdict is binding without further objections, together with the hierarchical system of court trial in Indonesia is the cause factor for the prolonged death execution. To encounter this situation The Government of Indonesia is proposed to (1) for short term goal, regulate strictly about the implementation of death execution; (2) for long term goal, to abolish capital punishment from the justice system.
DAMPAK IMPLEMENTASI FORMULA UPAH MINIMUM SESUAI PERATURAN PEMERINTAH NOMOR 78 TAHUN 2015 TENTANG PENGUPAHAN TERHADAP KESEJAHTERAAN PEKERJA DI KABUPATEN BEKASI. Timbul Handriyanto; Mahayoni Mahayoni
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.v4i2.1723

Abstract

The Constitution states that every citizen has the right to work and a decent living for humanity, reinforced by the Manpower Act that every worker/laborer has the right to earn an income that fulfills a decent living for humanity. In achieving this goal, the state establishes a "Minimum Wage" based on a survey of the basic needs of a single worker for one month called the Decent Living Needs (KHL). The Government issued Government Regulation 78 of 2015 concerning Wages which regulates the formula for setting minimum wages based on inflation and national economic growth, the components of the decent living necessities that were previously used as a basis for stipulations are no longer used. This type of research is normative juridical legal research, using the IRAC analysis approach (issue, rule, analysis, conclusion) to draw a conclusion. Data and data sources used are primary data and secondary data with the procedure of collecting literature and field studies. From the results of the study the Impact of the Implementation of the Minimum Wage Formula in Accordance with Government Regulation Number 78 Year 2015 Regarding Wages Against Workers' Welfare is the average increase in wages in Bekasi district, five years before and after the formula was put in place experienced a significant decrease. The minimum wage, which was five years earlier above the KHL, is now below the KHL. The formula also makes wage increases as a percentage flat, resulting in wider regional wage disparities. The problems studied are: 1. The mechanism for setting minimum wages before and after the birth of PP 78 of 2015 concerning wages. 2. The impact of the implementation of the minimum wage formula in accordance with PP 78 of 2015 concerning wages for workers' welfare. Keywords: Minimum Wages, PP 78/2015 Formula, and Living Needs (KHL).
FOREIGN SHARE OWNERSHIP LIMITS IN THE BUSINESS FIELD OF MINERAL AND COAL MINING ON PEOPLE’S WELFARE Ida Sumarsih
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.v5i1.4447

Abstract

Natural Resources as an unrenewable resources are a gift from God Almighty and owned by the Indonesian people, according to Article 33 paragraph (3) of the 1945 Constitution, and their management must be used to realize people’s welfare. In practice, the management of mineral and coal mining is carried out by involving foreign investors who require security guarantee for their business and investment. This research aims to answer the problem regarding setting limits on foreign share of ownership in the mineral and coal mining business sector in Indonesia and its implementation. This problem is then used as a basis for consideration to realize policies that have legal certainty to support efforts to realize people’s welfare. This study uses two theories, namely the purpose of law (Gustav Radburch) and the theory of the legal system (Lawrence Friedman). The research method used is normative juridical with empirical juridical support.The findings of the research show that in enforcing limits on foreign share ownership there is still law smuggling, for example through borrowing names or nominees to secure the interests of foreign investors even though normatively they do not fulfill the legal terms of agreement as stipulated in article 1320 of the Civil Code. For investors the nominee agreement is a legal solution to ensure the security of investment in the mining sector in Indonesia. Therefore, the state needs to carry out supervision and law enforcement so that limitation on foreign share ownership can be implemented in accordance with the applicable laws and regulations. So that the purpose of exploiting mineral and coal mining for the welfare of the people in the mining sector can be realized and in
KEDUDUKAN HUKUM PRIA DALAM MENGAKSES SISTEM ELEKTRONIK DI LAPTOP YANG DIIZINKAN TEMAN PEREMPUANNYA (Legal status of men accessing electronic systems on laptop which are permitted by Female Friend) Parlindungan Satria
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.v5i2.4720

Abstract

Information Technology, media and communication role has changed society and human civilization behaviour globally. Information and communication technology development is very quick and world relations are borderless, further significant social, economic and cultural changes are quickly. The impact of information technology contributes to welfare, progress and society civilization as well as acts against the law.The man and his girlfriend used information and communication technology facilities in which the man lend her a "Laptop" then they agreed to use the same "password" to use the laptop.Man was reported by his girlfriend on act the accusation that the man had accessed the laptop even though he has the girlfriend’s permission which laptop position was being "logged in".When the man opened "Facebook", there was a "chat" between his girlfriend and another man tell about the sexual nature of the accused man. There was disharmony. A man changed his girlfriend's Gmail, Facebook, yahoo passwords, and posted WhatsApp conversations between his girlfriend and another man on his girlfriend's Facebook.This research is related to illegal access through a district court decision for man, Number: 414/Pid.B/2021/PN.Jkt.Pst. decided on article 30 paragraph 2, Law of the Republic of Indonesia No. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Technology (ITE) for the man.The objective research is to provide legal certainty for man that the article is not in accordance with legal certainty, because the man has obtained permission from his girlfriend, not the article changing his girlfriend's password.The method is normative legal research and statute approach which will discuss these allegations with secondary data then the research result can provide legal certainty and justice by changing the multiple interpretations of the article accusing the man that the legal position of man is not doing illegal access because he got girlfriend’s permission.
EXAMINING DISPUTE SETTLEMENT UNDER THE ASEAN CHARTER: ANALYZES INDONESIA'S HANDLING OF VIOLATIONS IN THE AMBALAT BLOCK DISPUTE AND THE STATUS OF SIPADAN AND LIGITAN ISLANDS. Maria Regina Sekar Kedaton Saputra
Problematika Hukum Vol 10, No 1 (2024)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v10i1.5141

Abstract

The territorial dispute between India and Malaysia over Pulau Sipadan, Pulau Ligitan and the Ambalat block is a major challenge to regional stability in Southeast Asia. Through conflicting historical and sovereignty claims, these disputes have undermined bilateral arbitration and led to international arbitration, particularly through the International Court of Justice (ICJ). These disputes, governed by international legal frameworks such as the Treaty on Certification and Cooperation (TAC) and the United Nations Convention on the Law of the Sea (UNCLOS), involve complex issues of maritime territorial delimitation and exploitation of resources. However, despite the ICJ decision, the decision-making process was complicated by difficulties in implementing the decision and enforcing the law, particularly with regard to the economic effects on oil and gas reserves. Addressing these challenges requires a multifaceted approach that emphasizes diplomatic dialogue, confidence-building, and strengthening regional cooperation. It is important to reduce problems, stabilize age and promote the well-being of all in South Asia. Effective conflict resolution is essential to maintaining regional peace and security and ensuring the continued progress and development of all parties involvedTerritorial disputes; Sipadan & Ligitan Island; ;International Court of Justice (ICJ); UNCLOS;Peaceful resolution

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