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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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ZERO EMISSION AN ANALYSIS OF ILLEGAL MINING AS A NON-PROCEDURAL EXPLOITATION OF THE LAW Ginesha Prema Rajeshvari Linggar Putri; Paulinus Verynanda; Rini Puspita Ayu; Sania Teresa Sinaga; Sethya Sahra Intan Salampessy; Thia Vanesia
Problematika Hukum Vol 9, No 1 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i1.5198

Abstract

Zero Emission also known as Net Zero Emission is a step in pursuing Indonesia's pollution-free mission. Efforts are made to neutralize pollution caused by human activities, so an absorption resource is needed. However, these absorptive resources, namely forests, are damaged due to illegal mining activities because they are non-procedural so mining activities impact deforestation. In writing this journal, a qualitative normative legal approach was used with secondary data and other relevant legal sources to gain insight into the legal aspects of illegal mining. The purpose of writing is to criticize law enforcement against illegal mining activities in achieving the mission of a pollution-free Indonesia.Keywords:Zero Emission; Illegal Mining; Non-Procedural Exploitation of Law
IMPLEMENTATIF TENTANG PEMBUATAN KARTU KELUARGA DALAM KEPENDUDUKAN BERDASARKAN UNDANG -UNDANG NOMOR 24 TAHUN 2013 TENTANG ADMINISTRASI KEPENDUDUKAN DIKAITKAN DENGAN KOMUNITAS DAYAK HINDHU – BUDDHA BUMI SEGANDU INDRAMAYU Imas Khaeriyah Primasari; Saeful Kholik
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.v3i2.760

Abstract

Population Administration geared to meet the rights of every person in the field of population administration without discrimination through a professional public service. Registration is done by recording biographical data resident population, recording on events reporting population and population census as well as the issuance of citizenship documents.46 Law No. 24 of 2013 concerning changes to law Number 23 of 2006 concerning Population Administration emphasizes that in orderly management of population administration must make a Deed of Liability, Identity Card, And of course the Family Card of course it regulates the orderly administration regardless of their race, culture and class that respect each other's faith as Dayak Budha Bumi Segandu Indramayu Regency who have been discriminatory towards the creation of family cards that still see tribes, customs and traditions of a particular group. The long-term goals and specific targets to be achieved from this study are to provide an understanding of the implications of sanctions if the family card is not accompanied by religion and knowledge of a group of Buddhist dayak tribes and the obstacles and efforts of the Indramayu Regency government in implementing Law Number 24 of 2013 concerning Amendments to Law Number 23 Year 2006 concerning Population Administration. The method that will be used in achieving these objectives is to use normative legal research methods (doctrinal research) which mainly analyze primary legal materials and secondary legal materials equipped with field data. The implementation of the model for the formation of a Family Card registration policy by the Dayak Bumi Budhha Segandhu tribe in Losarang Subdistrict, Puntang Village, Indramayu Regency, adheres to the difficulties of registering a family card or other administration, The findings in the field prove that the people of the Segandhu Buddhist Dayak tribe adherents also have offspring and implementing compulsory schooling for 9 years The implementation is not in line with the Law
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
ECFA and Taiwan from the Perspective of International Law Harryanto Aryodiguno
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.v4i1.1336

Abstract

The Economic Cooperation Framework Agreement (ECFA) is an important milestone between the People's Republic of China and Taiwan; it is also the most critical achievement in improving the close cross-strait relations since President Ma Ying-Jeou took office in 2008. This article intends to use Guzman's rational choice theory of international law to analyze Taiwan's motivation for signing ECFA under East Asian regionalism, and to speculate whether Taiwan will abide by the relevant ECFA regulations. Signing the ECFA with China is mainly to break through the predicament of Taiwan's isolation under East Asian regionalism. As the first step in cooperation with East Asia, ECFA has a significant impact on Taiwan's credibility in East Asia. Regardless of whether there is a chance to cooperate with other East Asian countries in the future, if Taiwan gets off ECFA's relevant regulations, it will cause damage to Taiwan's credibility and may even obliterate the possibility of future cooperation with East Asian countries. Therefore, from the perspective of rational choice, in order to maintain Taiwan's good reputation and look forward to more cooperation possibilities in the future, complying with the relevant ECFA regulations is an obligation that Taiwan must fulfil.
PEMBATALAN KONTRAK SEPIHAK PENGADAAN BARANG/JASA PEMERINTAH TERKAIT PEMENUHAN PRESTASI YANG BELUM TERSELESAIKAN SETELAH BERAKHIRNYA JANGKA WAKTU KONTRAK Fennieka Kristianto; Fidela Gracia
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.v4i2.1720

Abstract

The development within business sectors in Indonesia is growing rapidly, and it is coherent that within business activities the word, as well as the role of contract, cannot be separated. It is due to the fact that the contract itself is one of the most crucial elements among the relationship of business actors in operating their business activities. One of the prominent business sectors in Indonesia is the procurement of goods/services, both by private or Government. This journal will solely focus on the procurement of goods/services by the Government which is the Government of Indonesia. The procurement of Government goods/services is regulated under Presidential Decree No. 16 year 2018 concerning the Procurement of Government goods/services (hereinafter referred to as “Procurement of Government Goods/Services Regulation”). Consequent to the ratification of this Presidential Decree, it has arisen several issues and concern towards the relevant business actors within this field which includes the conformity of the provisions with the principles of contract law in Indonesia along with the question in which unilateral contract termination/cancellation may occur in the interim of the procurement of Government goods/services contract. The research that is done for this journal is through normative legal research. Pursuant to the thorough examination done in this journal, it can be concluded that the rules and regulations relating to the procurement of goods/services are in conformity with the contract principles in Indonesia, and the cancellation/termination of the contract unilaterally cannot be justified legally if the provider fails to complete their performances within the period written and agreed under the contract as the Procurement of Government Goods/Services Regulation permit the extension of the work period.
Antara Kesejahteraan Buruh dan Sustainability Dunia Usaha, dalam RUU Cipta Tenaga kerja Omnibus Law Mahayoni Mahayoni
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.v5i1.4419

Abstract

Demonstrations against Law No.11 of 2020 concerning Job Creation are rife. But is it true that workers / laborers or students and other protesters already know and understand the contents of Law No.11 of 2020 concerning Job Creation correctly? Is it true that the law only benefits entrepreneurs and for the sake of attracting foreign investors, and neglecting the welfare of workers / laborers? So far, Law Number 13 Year 2003 concerning Manpower has become a solid guideline for the industrial world in Indonesia. Is it considered to be more pro-workers? Is the presence of Law No.11 of 2020 concerning Job Creation which has been passed by the DPR no longer siding with workers? This study will compare in detail the Job Creation Law and Law No. 13/2013 on Manpower from the labor / labor side and the business continuity side. So that both parties can understand each other and together build a strong economy. Entrepreneurs must be given the opportunity to develop and sustain, while workers’ / laborers' welfare is very decisive in the progress of the company. The author examines by comparing 9 things that are the differences in the two laws. The author compares the verses related to workers' rights that they have felt and enjoyed. The author analyzes the things that benefit or harm the worker / laborer or entrepreneur. Thus, it is hoped that this researc
Perlindungan Hukum Pekerja yang Terkena Pemutusan Hubungan Kerja (PHK) untuk Mengambil Jaminan Hari Tua (JHT) Sebelum Berusia 56 Tahun dalam Permenaker 2/2022 Mahayoni Mahayoni; Soraya Dewi Kartikasari
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.v5i2.4717

Abstract

Social security is a crucial thing that everyone must have, as this has been regulated and guaranteed by the state, and the state has an obligation to fulfill the rights of these citizens. In connection with this matter, the Indonesian government has regulations regarding social security regulated in Law No. 40/2004 concerning the National Social Security System, including health insurance, work accident insurance, death security, and one that will be concern of discussion in this research is a program regarding Pension Security or commonly called Jamaican Hari Tua (JHT). The regulations regarding this matter have changed several times, but still aim to focus on ensuring that Indonesian citizens who are the JHT participants can enjoy a decent life after entering retirement. Provisions for disbursing funds for participants have changed from the initial regulations to the updated regulations, for example changes to implementing regulations regarding the JHT, namely the Ministerial Regulation of Manpower No 2/2022 concerning "Procedures and Payment of Pension Security", one of the problems that arises is regarding the conditions for disbursing the JHT funds especially by participants affected by Termination of Employment or commonly called Pemutusan Hubungan Kerja (PHK) different from the previous Ministerial Regulation of Manpower, which did not require the age of participants who were affected by the layoffs. This raises the pros and cons in society. This research focuses on protection for the JHT participants who are laid off before they are 56 (fifty six) years old, so they can withdraw the JHT contributions that have been paid, thus achieving the goal of Law No. 40/2004 to ensure people's lives.
CRISIS IN NAMUN VILLAGE: UNRAVELING PT PERTAMINA EP TANJUNG'S LEGAL OBLIGATIONS AMID CRUDE OIL PIPELINE LEAKAGE Ahmad Iqbal Ubaidillah; Berliana Putri Nurhari; Salvia Zahra Shavalysta; Sekar Tiara Citra Maharany; Tiara Putri Fitriana
Problematika Hukum Vol 10, No 1 (2024)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v10i1.5136

Abstract

Amidst the serene landscapes of Namun Village in Tabalong District, a rupture in an oil pipeline has disrupted the tranquility, prompting a closer examination of the environmental ramifications and legal accountabilities of PT Pertamina EP Tanjung within Indonesia's regulatory landscape. Through qualitative normative analysis utilizing secondary data, this study delves into the aftermath of the spillage, revealing its profound impact on the local ecosystem and community. It becomes evident that PT Pertamina EP Tanjung bears a significant responsibility in averting future incidents and ensuring adherence to environmental laws. Hence, a nuanced understanding of the legal framework emerges as pivotal in enhancing environmental stewardship, fostering corporate responsibility, and advancing sustainable practices in Indonesia's extractive industries.Keywords: Cipta Kerja, Environtmental, Oil Leakage, Pertamina
DATA PROTECTION LAWS IN INDONESIA ANALYZING LEGAL IMPLICATIONS AND CASE STUDIES IN THE DIGITAL AGE Dyani Rizkifitria; Zahra Annisa; Rizqyta Permata Khoerunissa; Avriel Silvio Delano Singal; Bardo Joshua
Problematika Hukum Vol 6, No 1 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i1.5151

Abstract

Navigating the data deluge of the digital age demands a nuanced approach to personal data protection. This research delves into this critical issue through a multifaceted lens, utilizing case studies and analysis of Indonesian data protection regulations. By examining real-life scenarios, we reveal the tangible challenges individuals and organizations face in managing personal data effectively. Our in-depth exploration of existing regulations provides a critical assessment of their strengths and limitations, paving the way for informed recommendations for future improvements. This contribution transcends mere theoretical analysis, offering a practical understanding of the complexities and intricacies of data protection law in Indonesia's dynamic digital landscape. By bridging the gap between theory and practice, this research empowers individuals, organizations, and policymakers to navigate the evolving landscape of personal data protection with greater clarity and confidence.Keywords: Personal Data Protection, Digital age, Legal Aspects.
Analysis Determination of Constitutional Court Decision: President and Vice President Candidate Age Jessy Chrissensya Anatasya; Sotar Dodo Manurung; Isnaena Chairani; Rachel Elisabeth Sibarani
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5160

Abstract

The decision of the Constitutional Court on Law Number 7 of 2017 concerning General Elections: Age Limit for Presidential and Vice Presidential Candidates has become a polemic for Indonesian politics. Constitutional Court decision approving the age limit for the President and Vice President at 35, previously the minimum age was 40 (UU No.7 Article 169 letter q of 2017). In the 1945 Constitution article 24C paragraph 1, the Constitutional Court has no authority to replace and amend laws that the Legislative institution has enacted. This has become a polemic in the election of Indonesian Presidential and Vice Presidential candidates on 14th February 2024. The public considers that the Constitutional Court's decision does not reflect the 5th principle of Pancasila and violates the code of ethics as a judge. This decision of the Constitutional Court changed the Indonesian people's view of the law for the worse because the government easily changed the law.Keywords: Constitution court; Age; President Elections; The Laws

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