cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Robert P. Radjagoekgoek
Contact Email
robert.pr@president.ac.id
Phone
+6281275555081
Journal Mail Official
jurnalhukum@president.ac.id
Editorial Address
Jl. Ki Hajar Dewantara, Cikarang Baru, BEKASI 17550, Jawa Barat
Location
Kota bekasi,
Jawa barat
INDONESIA
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
 1   2   3   4   5 
THE USE OF JURISPRUDENCE IN INDONESIAN LAW COURT AS A CIVIL LAW COUNTRY Regina Cyrilla Candra
Problematika Hukum Vol 6, No 1 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i1.5154

Abstract

Jurisprudence refers to the decisions made by earlier judges regarding cases that are not covered by the law and which serve as a model for later judges when deciding cases of a like nature. The Supreme Court is an entity with judicial authority in Indonesia and has the authority to publish rulings. As a civil law country, Indonesian law courts do not use jurisprudence as a main legal source. Court judgments under this system are predicated on pertinent laws and regulations, such as the 1945 Constitution, MPR Decrees, Laws, Government Regulations, Presidential Decrees, Supreme Court, Ministerial Decrees, and others. This means that the judge's judgement, which is based on the facts or the available evidence, has some latitude. On the contrary, some countries use common law as their legal system. This legal system favours customary law, which changes over time in accordance with societal changes. In order to ensure that the law is always consistent with a feeling of justice and advantages that are felt immediately by the community, it was established via a judicial institution with a jurisprudence system that is regarded to be superior. Although the Indonesian legal system does not operate on a precedent system, general court judges or judges in lower-level courts are nonetheless required to take the Supreme Court's rulings seriously. This paper will be written as a discussion of how Indonesian law court as a civil law country utilises the jurisprudence, which is the product of common law system, even when it is not commonly used. This paper will also be written to elaborate the comparison between the use of jurisprudence in civil law countries such as Indonesia, and the origin countries that are using the common law system.Keywords: Jurisprudence, Indonesian Law Court, Civil Law Country
LEGAL CERTAINTY FOR INVESTORS ON INVESTMENT IN THE FIELD OF GEOTHERMAL ENERGY ONLINE BUSINESS Abdul Rohman Nasution
Problematika Hukum Vol 1, No 1: January 2015
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v1i1.6

Abstract

This research discusses about how the role of the state to provide the legal certainty for investor in the field of geothermal energy. As one of the potential energy derived from the natural resources in Indonesia, geothermal should be developed for the welfare of the Indonesian people. In accordance with the mandate of the 1945 Constitution in its preamble stated that the purpose of the state is to improve the welfare of the community. Government guarantees for investors of practice in the field of geothermal energy. Legislation issued by the government to provide legal certainty for investors in capital plant in Indonesia such as: a. Law No. 23 of 2003 about Geothermal b. Law No. 25 of 2007 about Investment c. Law No. 30 of 2007 about Energy Indonesia has a wealth of energy resources. One of the energy resources owned by Indonesia is geothermal energy. However, in the development and utilization of geothermal energy, the implementations of energy sources are yet to be optimized to the maximum by the government. Keywords : legal certainty, investment, investor, geothermal energy. Penelitian ini membahas tentang bagaimana peran negara untuk memberikan kepastian hukum bagi investor di bidang energi panas bumi. Sebagai salah satu energi potensial yang berasal dari sumber daya alam di Indonesia, panas bumi harus dikembangkan untuk kesejahteraan masyarakat Indonesia. Sesuai dengan amanat UUD 1945 dalam pembukaannya menyatakan bahwa tujuan negara adalah untuk meningkatkan kesejahteraan masyarakat. jaminan pemerintah bagi investor praktek di bidang energi panas bumi. Legislasi yang dikeluarkan oleh pemerintah untuk memberikan kepastian hukum bagi investor di pabrik modal di Indonesia seperti: a. Undang-Undang Nomor 23 Tahun 2003 tentang Panas Bumi b. Undang-Undang Nomor 25 Tahun 2007 tentang Penanaman Modal c. Undang-Undang Nomor 30 Tahun 2007 tentang Energi Indonesia memiliki kekayaan sumber daya energi. Salah satu sumber energi yang dimiliki oleh Indonesia adalah energi panas bumi. Namun, dalam pengembangan dan pemanfaatan energi panas bumi, implementasi sumber energi yang belum dioptimalkan secara maksimal oleh pemerintah. Kata kunci: kepastian hukum, investasi, investor, energi panas bumi. Key word: Geothermal Energy 
UNCOVERING THE MEANINGFULNESS OF INTERNATIONAL LEGAL INTERPRETATION: SOURCES, METHODS, AND EFFECTS Maria Regina Sekar Kedaton Saputra
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5164

Abstract

State-to-state relations are largely governed by international law, and how this legislation is interpreted affects how it is applied. The significance of international legal interpretation is examined in this article as a basis for fairness, stability, and collaboration among nations. Understanding and comprehending frequently complex international legal texts is a fundamental step in the difficult process of international legal interpretation. We go into great length in this article about the function of interpretation in international economic relations regulation, peacekeeping, state behavior regulation, global cooperation, human rights protection, and compliance promotion.Keywords: International law, Interpretation, function.
RESTORATIVE JUSTICE AS AN ALTERNATIVE WAY OUTSIDE THE JUDICIARY PROCESS OF CRIMINAL CASE BY FULFILL THE RIGHTS OF THE JUVENILE (CASE STUDY OF DELI SUHANDI JUDICIAL PROCESS Iwahori Yosafat Iwahori Yosafat
Problematika Hukum Vol 1, No 2: July 2015
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v1i2.308

Abstract

The human rights of the Child has been ratified by Indonesia therefore the state is obligated to implement and to maintain the course of the enforcement of the rights of children. Not a few children of Indonesia committed the offense as a whole is not necessarily on their own sense considering themselves still children who are not old enough and qualified in law. However, for any errors or accidents that may inhibit himself even turn off their future because they have to deal with the judicial process. Many of those who have to follow such procedural should be arrested and placed in custody. This kind of procedure is able to cause psychological disturbances against the perpetrators, the criminal child will easily get the stigma from the community around them. the public will be difficult to accept detainees to be in their environment, as well as the condition of the crime of child actors who will also feel less confident they would be desperate, and ultimately make them instead become professional criminals. To that end, the author is interested in researching how the legal protection of the rights of children in conflict with the law, especially with the use of the concept of Restorative Justice to be realized in the juvenile justice process so that the perpetrators of criminal acts that do not need to go through the judicial process that will lead to future impacts.
PROS AND CONS OF MOVING THE INDONESIAN CAPITAL CITY Audrey Bintania Mahesa; Anantha Sukma Pratiwi; Carmen Eva Desire Sumampouw; Ester Cornelia Simanjuntak; Rena Anastasya
Problematika Hukum Vol 7, No 1 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i1.5171

Abstract

This journal analyzes the pros and cons of transferring the Capital City of Indonesia to the new Indonesian capital city (IKN) based on Law No.3 of 2022. On the positive side, the transfer Capital City assessed can push equality development, creating a new field and reducing the population burden on Java Island. However, there are also significant challenges and concerns. High costs, environmental impact, and questions about priority development become frequently debated points. This uses a qualitative study method to study literature and analyze documents. Secondary data was obtained from various sources, including government publications, report research, and news articles. Research also emphasizes the importance of transparency and accountability in the transfer process. Capital City ensures the use of efficient and effective power. This study recommends that transfer to the Capital City be done carefully, considering all the pros and cons and ensuring that all parties are interested in this process.Keywords: Transfer capital city; Capital city archipelago (IKN); Invite number 3 in 2022; Pros and Cons transfer capital city; Impact transfer capital city; Moving strategy capital city.
Aspects Of Customary And Cultural Law On The Preservation Of Springs And River Environments Maria Francisca Mulyadi
Problematika Hukum Vol 2, No 1: January 2016
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v2i1.557

Abstract

Customary law is a source of local wisdom inherited from ancestors in the form of culture and customs. In its development, people adapt in the form of custom norms, cultural values, and environmental management activities. Local people who live side by side with nature have knowledge passed down from generation to generation about how to fulfill the necessities of life without destructing nature so traditional local wisdom is very profitable in maintaining the environment and preventing the occurrence of environmental damage. With the advancement of technology and the needs of society has led to the loss of local wisdom that causes barren forests and automatically turns off the springs, in addition to the river environment becomes dirty and not awake.This research is analytical and explorative descriptive, with the aim of obtaining a description of customary law in local wisdom can provide protection the springs and river environment. As a normative study, data is obtained tracing legal documents.By restoring the elements of customary law in community life to grow local wisdom. The principle of local wisdom is to synergize with nature, so that the use of water resources used sufficiently not excessive and provide a ban aimed at preserving the springs. By using enough water then the use of natural resources will be used sufficiently to pay attention to the restrictions aimed at preserving the environment, in this case not clearing forests for plantation land or settlements will make the forest sustainably automatic source of water will be maintained.
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
TANGGUNG GUGAT NOTARIS ATAS KETIDAKSESUAIAN HARGA TRANSAKSI JUAL BELI TANAH DAN BANGUNAN DENGAN HARGA SEBENARNYA Hidayatulloh Adiansyah
Problematika Hukum Vol 2, No 2: July 2016
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v2i2.564

Abstract

Agreement on sale and purchase of land and buildings creates tax obligations for sellers and buyers. Under these conditions often the parties provide false information on the price of the transaction in the deed so that the obligation to pay taxes is also lower. In essence the Notary is merely writing in writing and the form of legal actions of the parties concerned so whether in this case the Notary is accountable for the incompatibility of the transaction price with the actual price. The author in this study wants to examine and analyze further about the validity of the Notary Deed that contains false information related to the transaction price and the notary's responsibility for the false statements of the parties to avoid tax obligations. The research method used is normative legal research, namely legal research carried out by examining library materials or secondary legal materials while the problem approach is carried out using a legal approach and conceptual approach. The existence of false information submitted by the parties does not result in the Notary Deed being canceled. The Notary Deed during its manufacture has fulfilled the formal aspects of making authentic deeds which have been stipulated in the UUJN, so that they remain valid and binding on the parties. The existence of false information in the Notary deed for the incompatibility of the sale and purchase transaction price to avoid tax obligations is not the responsibility and responsibility of the Notary but is fully the responsibility and accountability of the parties because the Notary function only constructs the will of the parties.
THE HOLISTIC APPROACH IN UNDERSTANDING THE COMPLEXITY OF SEXUAL HARASSMENT CASES IN INDONESIA Fadhillah Mahendra; Violin Revalika Arwis
Problematika Hukum Vol 8, No 1 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i1.5181

Abstract

Sexual harassment cases are common cases that occur not only in Indonesia but also in the world. Cases of sexual harassment also often receive the attention of the public, state officials, and the law. Even though there is a legal framework in Indonesia, low incident reporting is still a challenge. This highlights the need for a comprehensive understanding of the cultural nuances that shape perceptions and responses to such behavior. Cases of sexual harassment do not only happen to women but also to men. Those who became victims also came from various ages, from toddlers to even the elderly. This abstract will focus on the aims of why we need to minimize cases of sexual harassment in IndonesiaLegal framework; Indonesia; Sexual Harassment; Social-Culture Society.
ASPEK HUKUM PENGGUNAAN SOSIAL MEDIA SESUAI UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 Mahayoni Mahayoni
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.v3i1.649

Abstract

Social media nowadays has been a familiar word to our ears. In less than two decades, the revolutionary changes have occurred among the various circle of society. The needs of online services recently through a wireless or wifi has been the basic need for the society, especially the urban . Whats app , twitter , instagram , face book , and other types of applications are becoming familiar to our ears. Almost the entire range of social community change remarkably by the social media. This online social media community is a new order that its presence has an important role in the life of socialization, national and state life. Nevertheless, this new world order that arises around us moves very fast and exponential. The society be stutter and are still not ready to face this new world order. Their Expression of feeling which they used to undertake directly to others in a limited number and confidential are now shed in the notes on the new world order. The sense that supposedly undetermined to be right and wrong and located in private area of somebody is now can be seen and read by public. As result, people can respond or giving different comments. The possibilities of incorrect notions, or consideration in cornering others to be an untrue information often occur . The role of social media also helpful as a social control. This is an extraordinarily benefit. The case of officer police who ask for a bribe that went viral in the world of social media to the case of a group of teenagers gave the red wine to a horse in Safari Park spread quickly and police act quickly. On this side, there are also people who deliberately uses the social media to express hatred,distaste , or disagreement against an attitude, the act, or policy are also on the rise sharp. In fact this group is also acting further by made up a fake news which is untrue just to satisfy their hatred. The large number of this incident made police officer were unable to go to control the situation. The general community are the victim because they suffer losses due to many parties continue the destructive action that could harm the united of nation. It is a home work to utilize social media to bring more advantages that disadvantages.

Page 3 of 10 | Total Record : 97

 1   2   3   4   5 

Filter by Year

2015 2024


Reset
Filter By Issues
All Issue Vol 10, No 1 (2024) Vol 9, No 2 (2023) Vol 9, No 1 (2023) Vol 8, No 2 (2022) Vol 8, No 1 (2022) Vol 7, No 2 (2021) Vol 7, No 1 (2021) Vol 6, No 2 (2020) Vol 6, No 1 (2020) Vol 5, No 2: July 2019 Vol 5, No 1: January 2019 Vol 4, No 2: July 2018 Vol 4, No 1: January 2018 Vol 3, No 2 (2017): July 2017 Vol 3, No 1: January 2017 Vol 2, No 2: July 2016 Vol 2, No 1: January 2016 Vol 1, No 2: July 2015 Vol 1, No 1: January 2015 More Issue