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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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LEGAL ANALYSIS OF INDONESIA’S DECISION TO RELOCATE ITS CAPITAL TO EAST KALIMANTAN Faiz Orlando Amryanto Pidani; Maria Puspita Dewi Sinaga; Sharon Pinkan Karwur; Zanneta Angkumala Putri Sandra
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5159

Abstract

The relocation of the capital city of Indonesia from DKI Jakarta to East Kalimantan has been a major focus since it was announced by President Joko Widodo on August 16, 2019. This decision is rooted in population density, efforts for economic equality, and balanced development. This article deeply analyzes the driving factors and impediments behind this relocation, summarizes Indonesia's constitutional system perspective regarding the plan, and evaluates the feasibility of Indonesia in executing the capital city's relocation. This decision also has stirred varied responses in society, prompting the urgency for appropriate legislative revisions or even a referendum to ensure the right decision, impacting public trust. Using the literature review research method, this article extracts information from various legal sources such as books, journals, and related articles. A descriptive approach is employed to provide a systematic overview of the research object. Despite the pros and cons surrounding this relocation, the government has ratified Law No. 3 of 2022 concerning the State Capital to proceed with the plan.Keywords: Law, Capital City, Constitutional System, Public trust, Disaster
The Establishment of Indonesian Securities Investor Protection Fund Related To The Supreme Court Decision No. 535.K/Pid/2013 About The Case of PT Sarijaya Permana Securities ADIYA RIZKI KARAMI
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.v1i1.7

Abstract

Indonesia is one of the developing countries who are actively carried out their development. In the development of the national economy, a country requires financing either from the government or the community. Acceptance of the government to build a national economy gained through taxes and other admission. One of the sources government use are the community investment through bank, other financial institutions and capital markets. Capital Market in Indonesia is one of the essential elements and benchmarks of the country's economy. One of the characteristics in advanced industrial countries and new industries is the presence of capital markets growth and development. With the growth in the Capital Market, there are so many problems that occurred such as embezzlement, fraud, misuse of funds, and misuse from the irresponsible Market Intermediary. With the problems that occurred, the victim of these problem is the investor who investing their funds in Indonesian Capital Market. Lots of this problems that occurred because there is no institution directly concentrate in investor protection fund. So, the government established Indonesian Securities Investor Protection Fund (ISIPF) for protecting, controlling, monitoring, and regulating the activities that occurred in Capital Market. With the establishment of Indonesia Securities Protection Fund (ISIPF), investor that invest their funds can claim their investment if the violation occurred. With their protection, capital market in indonesia will gain more trust from domestic and foreign investor in the future.
ANALYZING REGULATORY REFORM IN FOREIGN INVESTMENT THROUGH THE OMNIBUS LAW DRAFT OF LAW Michael T. Ginting
Problematika Hukum Vol 7, No 1 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i1.5167

Abstract

Despite various controversies, the existence of the Omnibus Job Creation Law has resulted in the repeal of at least two regulations and amendments to at least 80 other laws. One of them is Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). The purpose of this research is to examine the concepts and problems contained in the Comprehensive Job Creation Law and their implications for the regulations and the basic concept of a limited liability company. This research is a normative (doctrinal) study of secondary literature research data consisting of primary and secondary legal materials. The findings show that the omnibus law is a legislative method that combines various types of laws into special laws. The Job Creation Bill has several one of the wrong clusters regulating employment. The government is trying to harmonize the three laws so that in line as a result it can put a space for investors to open a business without the need for the risk of overlapping regulations & causing losses to investors.Keywords: Omnibus Law; Legal Implications; Limited company;
Perlunya Penguatan Peran dan Fungsi Komisi Yudisial dalam Membangun Peradilan yang Bersih dan Berwibawa. Mahayoni Mahayoni
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.v1i2.309

Abstract

Law enforcement in Indonesia is still far from the expectations of all parties. The capture of the law enforcement agencies such as lawyers, prosecutors, judges, by the Corruption Eradication Commission or KPK is a fact which shows the weakness of the legal system in Indonesia that has not touched the sense of justice. This can also be an iceberg. That is indeed a violation or crime committed by law enforcement actually be much more that has not been revealed. But the efforts of various parties such as NGOs NGOs that fight for justice laws that could answer the sense of justice in society should be appreciated.Justice in the field of law is not come by itself but must be fought by all parties. The establishment of institutions that provide surveillance from the Police Commission, the Prosecutorial Commission and the Judicial Commission is something that should be appreciated. However, people are still waiting for this role to the maximum watchdog agency. The fact shows the role of supervisory institutions is only to observe, provide feedback, report to the media and has not appeared any decisive action monitoring results of the independent supervisory commission. This situation is more worrying seizure or tug their authority on the independent commission commission. In this study, the authors highlight the tug of the role of the Judicial Commission in charge of Justice. Candidate recruitment problems and forth between the judges into the judicial authority or the Judicial Commission. The authority was invited there any laws regarding the recruitment of judges sued by Indonesian Judge Association. This means that if the prospective judges are not recruited correctly from the beginning and just rely on the connection, kinship likely to judge who are the guardians of justice last very likely filled by people who have no competence. If this situation is allowed then people's expectations so that the law can touch the sense of justice for the community is still far and should be pursued. 
IMPLEMENTATION OF DISCLOSURE PRINCIPLE TOWARDS PUBLIC COMPANIES: JURIDICAL ANALYSIS ON LAW NO. 8 YEAR 1995 AND PERPU NO. 1 YEAR 2020 Fennieka Kristianto; Fidela Gracia
Problematika Hukum Vol 7, No 2 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i2.5172

Abstract

The development of a country is influenced by several sectors which include the economic sector and it is considered to be one of the most essential factors in the growth or 3development of the country. The development of Indonesia itself is known to be immensely affected by economic growth. This economic growth is likewise running and participated by a lot of parties from Indonesia as well as foreign parties which are obtained through their investment here in Indonesia. One of the most influential parties within economic growth is the capital market itself which functions to help business actors. However, due to the current situation caused by the pandemic COVID-19, the Indonesian Government issued a Regulation of The Government in place of Law No. 1 in the year 2020 concerning Kebijakan Keuangan Negara dan Stabilitas Sistem Keuangan Untuk Penanganan Pandemic Corona Virus Disease 2019 (COVID-19) dan/atau Dalam Rangka Menghadapi Ancaman Yang Membahayakan Perekonomian Nasional dan/atau Stabilitas Sistem Keuangan (hereinafter referred to as PERPU COVID-19). As this regulation is implemented it raises several issues regarding the relevant existing law. The research method that is enforced within this journal is analytical normative research, this research is a general exploration that is likely aiming to execute legal aspects functioning as a prescriptive order, and in this method, the law from the stance of the norms will be inspected. This research is fulfilled through the implementation of a statute approach that is completed by evaluating the relevant laws and regulations relating to the issues set forth within this research. This journal will analyze the applicable regulations, as well as the contradictory matters, that arise from PERPU COVID-19 about the disclosure principle towards public companies.Keywords: Disclosure Principle, Emiten, Public Company, Capital Market, Capital Market Law.Article History
KAJIAN ATAS PERTANGGUNGJAWABAN PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH HEWAN BERDASARKAN HUKUM INDONESIA DAN HUKUM JERMAN Gratianus Prikasetya Putra
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.v2i1.558

Abstract

There are 2 (two) forms of liabilities which acknowledged by Civil Law, the first one is contractual based liability and the second one is tort based liability. If there is a liabilty that based on an event which fulfill the elements that known in tort theory, so the tort based liability will be used. Today, there are some variations and development in cases that intersects with the theory and regulation regarding tort. One of the case which related to that theory and regulation was the tort that has been done by an animal in Germany. According to the case it can be seen the possibilitiy of tort based liability that owned by an animal. This article will explain regarding the tort theory and the liablity based on both Civil Law System in Indonesia and Germany by doing the comparison on it. The Comparison will consist of regulation and theory comparison regarding the tort which aplicable both in Indonesia and Germany.
THE HISTORY OF INDONESIAN LEGAL SYSTEM IN THE DUTCH COLONIALIZATION ERA AND THE IMPACT ON ITS DEVELOPMENT Arvifan Naufal Awang Budhiarta; Cindy Firdiani; Diyah Nur Aini Salsabila; Leoly Tubel Tsalsabila; Nicholas Marko Hasiando; Razkya Adisra Mulianto; Yediz Rantis Nababan
Problematika Hukum Vol 8, No 1 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i1.5177

Abstract

Indonesia, a country with a rich cultural and political history, has been influenced by various external factors throughout its existence, including Dutch colonialism. The impact of this era on the Indonesian legal system is evident in the legal structures and traditions that were put in place during this time. This research paper aims to provide a comprehensive analysis of the Indonesian legal system in the Dutch colonialization era and its development until the Reformation era. The analysis will cover the influence of local religious and cultural traditions, as well as the changes that have occurred in the Indonesian legal system since the end of the Dutch colonialization era. This research will include historical and legal perspectives, providing a nuanced understanding of the Indonesian legal system and its development during this period. This research aims to shed light on the various influences that have shaped the Indonesian legal system and to provide insights into the challenges faced and opportunities presented in the context of Dutch colonialism.Keywords: Indonesian Law; Dutch Law; Changes; Development.
RELEVANSI PEMBATASAN PEMBUATAN AKTA NOTARIS TERHADAP KEDUDUKAN NOTARIS SEBAGAI PEJABAT UMUM Laily Nur Azizah; Rusdianto Sesung
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.v2i2.565

Abstract

Supervision and guidance of Notaries is carried out by the Notary Supervisory Board on the implementation of Notary position duties based on the Notary Position Act and by the Notary Honorary Board for matters relating to the Notary Code of Ethics. With consideration to Article 4 point 16 of the Notary Code of Ethics concerning the prohibition for notaries to make deeds exceeding the fairness limit the amount of which has been determined by the next Honorary Board Notary issued the Honorary Board Regulation of the Indonesian Notary Association Number 1 of 2017 concerning Fairness Limits for the Making of the Deed stipulates that the fairness limit in making deeds is 20 (twenty) deeds per day.The author in this study wants to examine and analyze further about the position of the Honorary Board of the Central Indonesian Notary Association Regulation No. 1 2017 in the practice of notary and the relevance of the limitation on the number of notary deeds when associated with the notary's authority as a public official.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 results of the study indicate that the position of the Honorary Board Regulation of the Indonesian Notary Association Number 1 of 2017 in the practice of notary is only limited to regulations within the organization's internal scope and is not a statutory regulation that has binding nature. The limitation on the number of notary deeds is irrelevant because the function of the Notary is to serve the people who need their services and Notaries are not permitted by the Act of Notary Position to reject the parties who come to make the deed.
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
STATE’S LEGAL PROTECTION TO COPYRIGHT HOLDERS OF SONGS IN RELATION TO THE ONLINE SONGS PIRACY Nanda Reza Putra Pratama; Zenny Rezania Dewantary
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.v3i1.650

Abstract

Indonesia has a law regulating about copyright, namely Law No. 28 Year 2014 on Copyright. This law gives legal protection towards copyright infringements. However, the number of piracy of songs through online sources has been increasing rapidly. Song is a subject under copyright concept, hence, is protected by the copyright law. The piracy of songs gave disadvantage for the song writer, the singer, the recording label, and other related parties. This irresponsible behavior is difficult to tackle because of it is conducted online and free and netizens somehow are capable to pirate songs no matter how it is banned. This situation leads to the question on how the Indonesian government provides the protection and conduct to eradicate piracy of songs through internet.

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