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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
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ASPECTS OF LEGAL PROTECTION FOR CONSUMERS’ ONLINE BUSINESS Nurul Eka Oktaviani
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.v1i1.9

Abstract

There are some Laws that regulated the legal protection for consumer of online business, there are Law of Consumer Protection no. 8 Year 1999, Law of Electronic Information and Transaction No. 11 Year 2008 and Government Regulation of Operation System and Electronic Transaction No. 82 Year 2012 abds action listed in that law is already clearly stated. To arrest the online business fraud perpetrators is not only because of the loss of material, a material can be searched for later in another day. The most important thing is the existence of a regretful feeling caused by an arrest to the perpetrators of online business fraud. Then hopefully there will be no more online business fraud because the perpetrators afraid of the sanction in the Law. Besides that, the victim will get the sense of satisfaction when the police managed to find a person who cheated him. Although if the case is complete and ready to be relegated to the prosecutor and transferred to the district court, in criminal case, there would be no compensation obtained by the victim unless the victim reported the perpetrators in the form of civil violation.
THE LEGAL PERSPECTIVE ON THE ILLEGALITY OF THRIFTING BUSINESSES IN INDONESIA Atha Hukama Ardyawati; Effi filipia Fronica Irawan; Gina Amelia; Jessen Aprillian; Vanesa Felicia Prayogo
Problematika Hukum Vol 7, No 1 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i1.5168

Abstract

Thrifting is the act of purchasing second-hand items, considered a cost-saving measure by buyers. The thrifting phenomenon is not new but has regained popularity among the Indonesian community. The rapid evolution of fashion and the emergence of new trends in a short period make thrifting an attractive choice for individuals who aspire to appear stylish. The allure of thrifting lies in the diverse range of fashion models, typically rare and offered at affordable prices. Therefore, many individuals in Indonesia are inclined to venture into the thrifting business due to its current popularity and the substantial income it generates. This phenomenon captures the attention and provides a strong basis for researchers to delve further into information regarding illegal thrifting activities in Indonesia. Additionally, the researchers conduct further exploration on business permits for thrifting from the government, the existence of Intellectual Property Rights (HKI), and the standards for the quality of traded goods. The researchers employ a qualitative approach with literature study techniques and analysis.Keywords: Business; Fashion; Import; Thrifting
PERUBAHAN-PERUBAHAN PENTING TERKAIT HAK CIPTA PASCA UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Sujana Donandi S
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.v1i2.310

Abstract

Act no. 28 Year 2014 is the latest regulation concerning copyright. Act no. 28 2014 is expected to brought important changes that could be useful in improving protection and law enforcement of copyright in Indonesia. This research focus on important changes related to copyright after act no. 28 2014 was legalized and its legal consequences. Method used in this research is normative legal research which specifically described changes related to copyright based on  Act no. 28 2014 .The results and discussion shows that Act no. 28 2014 brings important transformation of copyright such as: economic rights protection that more favors to the creator, more effective dispute settlement, copyright can be fiduciary security , and the emergence of Lembaga Managemen Kolektif.
INDONESIA'S URGENT NEED TO JOIN THE INTERNATIONAL CRIMINAL COURT (AMID HUMAN RIGHTS VIOLATIONS CONTEXT). Oktavia Ajeng Kartika Dewi; Felicia Miyuki Luntungan; Petra Novita; Aisyah Zafira Usman; Najwa Khalilatur Rahmah
Problematika Hukum Vol 7, No 2 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i2.5173

Abstract

This research was conducted to find out the tendencies of the ICC from the perspective of Rome 1998. Using normative juridical research methods. International Criminal Court (ICC) permanent independent and international tribunal to try the crimes of genocide, crimes against humanity, war crimes, and crimes of aggression, such as the four major international crimes of a host is humanism generis character. Humanitarian crimes, war crimes, genocide, and aggression constitute a serious violation of rights Human rights (HAM). The crime is classified as the most serious offense seriously so always pay attention internationally. There is an international focus on this practice gross violation of human rights does not matter the world is tamed with practice Human rights are harsh. Unfortunately, so far, there have been many perpetrators of gross human rights violations that cannot be tried in the country where crime is earned (Locus Delicti). In general, the perpetrators of gross human rights violations a real person donation regimes tend to do its author protection. Another reason is that the perpetrators have not or have not been tried Serious crime is a legal system that in the country where the crime occurred it's not enough to fight fair trial of the author. Indonesia will get many benefits by becoming a member country and by incorporating into national law the provisions of the Rome Statute by Indonesia.Keywords: Rome statute, human rights, Indonesia, ICC
PERAN TELEVISI KAMPUS SEBAGAI SARANA SOSIALISASI MELALUI DUNIA PENDIDIKAN Hari Suryanto
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.v2i1.559

Abstract

The Campus TV is a strategic forum for education and mutual relationships within the Indonesian art institutes organised by six art institutes in Indonesia under BKS-PTSI (Badan Koordinasi Seni Perguruan Tinggi Seni Indonesia). The purpose of the forum is to support the education of art and culture and also to promote values of the local wisdom using the streaming tv portal platform for the campus community and the general public. This strategy is to response the development of media and communication technology in Indonesia
ANALYSIS OF SOCIAL ASSISTANCE FUND CORRUPTION IN CORRELATION WITH LAW ENFORCEMENT Gerardus Revin Tjahja; Melda Maritza Permana; Hosea Noel Calvian; Muhammad Iqbal Ibrahim; Muhammad Iqbalfarrelzy Althafah Kesuma; Justin William Setiawan
Problematika Hukum Vol 8, No 1 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i1.5178

Abstract

Corruption is an attempt to intervene using abilities obtained from a position including information, decisions, influence, money, and/or wealth for the benefit and benefit of thinking for oneself. Social assistance is the assistance in the form of money and/or goods to individuals, families, groups, and/or communities which is not continuous and selective to protect against the possibility of social risks. Social assistance funding should be distributed to those who need it. However, some irresponsible parties took the money only for their interests. The legal problems we found here are 1) the social assistance fund was later found to be corrupted by the government, and 2) the legal enforcement from the KPK was not bold enough to resolve the case. The case of corruption in social assistance funds (bansos) for handling the COVID-19 pandemic involving state officials has caused public unrest and disappointment. This research aims to analyze the factors behind the occurrence of corruption, its impact on the economy and community welfare, as well as legal efforts and prevention or solutions.Keywords: Corruption; Corruption Eradication Committee; Legal Enforcement; Social Assistance;
PERLINDUNGAN HUKUM TERHADAP PEMBELI APARTEMEN ATAS TINDAKAN WANPRESTASI PENGEMBANG Muntiasih Muntiasih
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.v2i2.566

Abstract

Based on Law Number 20 of 2011 concerning Flats, the marketing of flats has been carried out before the construction of flats is carried out. Such sale and purchase of apartment units is done by ordering in advance the unit to be purchased, then poured in the preliminary agreement in the form of an order confirmation proof which is then registered with the Notary (Waarmerking) office. So when construction of flats began, there were already many consumers who bought the apartment. The author in this thesis wants to examine and analyze further whether the Flats Booking Confirmation waarmerking can provide legal certainty for consumers and how is the form of legal protection for consumers if the developer defaults before the Sale and Purchase Agreement is made. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while in searching for and collecting data is done with two approaches, namely the legal approach and the conceptual approach.The results of the study show that the apartment booking confirmation letter made by the developer and waarmerking by a Notary has the power of proof as long as the parties acknowledge it or there is no denial from either party or in other words have imperfect proof power. If the order confirmation letter for the flats is used as evidence, then in the evidence in the court, later it will require other evidence and witnesses to prove the truth. In the sale and purchase of flats between developers and consumers, the developer's responsibility can be seen since the issuance of brochure flats offering by developers. Brochures issued by the developer can also be used as a basis for claims for consumers who feel disadvantaged because of the lack of facilities promised in the brochure.
PROBLEM OF LAND OWNERSHIP CERTIFICATES AS LEGAL PROOF OF OWNERSHIP Frina Debora; Icha Jesika Manalu; Muhajir Muhajir; Pasquale Roy Bagaskara; Rodia Musdalifah Tiofan; Samuel Febrian
Problematika Hukum Vol 8, No 2 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i2.5193

Abstract

Agrarian is the natural resource that humans need most, as a place to live and develop land resources. This development aims to achieve shared prosperity. maintain collective order and guarantee every community's rights in every region. So it is necessary to regulate in law a policy that determines land ownership according to the rights of each individual. Because if it is not regulated it will cause problems in social life. Because of this, the government passed legislation regulating the significance of land ownership as attested to by a Certificate of Ownership or Letter of Ownership (SHM). The government hopes that with SHM, every person who owns land or buildings (certain objects) can have their ownership rights guaranteed in compliance with relevant laws and regulations. Thus, if there is a struggle for property rights, it can be proven by the existence of SHM. Based on Law No. 5 of 1960 and Government Regulation No. 24 of 1997 emphasizes the crucial role of land ownership certificates as legal proof of ownership. This contributes to legal certainty, protection, and justice in the context of land ownership and transactions.Keywords: Problematic, Freehold Title, Land, Evidence, Ownership, Legal.
KEBIJAKAN MENTERI DALAM NEGERI TENTANG PERSYARATAN PENGANGKATAN PENJABAT GUBERNUR DALAM PEMILIHAN KEPALA DAERAH SAEFUL KHOLIK; C A R T O C A R T O
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.v3i1.651

Abstract

Local Leaders Election (LLE) In Unison is in the National Government's agenda, as set out in Constitution No. 10 of 2016 concerning the second amendment to Law No. 1 of 2015 Concerning Determination of Government Regulation in Lieu of Law No. 1 of 2014 Regarding the LLE of Governors, Regents, and Mayors into Law. LLE in wave 3 (three) carried on June 27, 2018 one of them in the province of West Java. The tenure of the Governor and the Vice Governor of West Java exhausted before the inauguration of Governor election so requires for the Acting Governor to fill the vacancy (vacuum of power). Acting Governor of West Java charging filled by Police Commissioner General M. Iriawan is active Police who took office Main Secretary National Security Institution, which became the basis of the appointment of Act No. 5 of 2014 concerning the State Civil Apparatus and Government Ordinance No. 4 of 2002 on the Amendment of the GO 15 of 2001 on Transfer of Status of the National Army of Indonesia and the Indonesian National Police Members. This study aims to determine (1) Does the Police General Appointment as Acting Governor Active berdsarkan meet the requirements Perturan legislation. (2) How Legal Implications of the Establishment of the Acting Governorof the Police General active status. From these results it can be concluded that: (1) Terms of the Acting Governor divided into 2 (two). First, its main base is being Served in High Leadership Associate. Second, the addition of its situational namely the Police can fill positions in institutions Center for one of the agencies' Center which can be occupied by the Police is the National Security Institution or have a list value of execution of work for three (3) In the last at least have a good value , (2) Implications that can arise as a result of the appointment of the Active Police General as Acting Governor are substantially possible for electoral legal implications, especially related to the Political aspect, including a tendency or concern to cause non-marginalization because there are regional election participants from the Police Agency.
PRIVACY PROTECTION AND THE USE OF FACIAL RECOGNITION TECHNOLOGY IN PUBLIC SURVEILLANCE: LEGAL PERSPECTIVES AND POLICY IMPLEMENTATION IN THE DIGITAL ERA Yonatan Kornelius Simanjuntak1 Yonatan Kornelius Simanjuntak1 Yonatan Kornelius Simanjuntak1; Daffa Triakhsan Putra; Gragela L. Panjaitan; Christopher Geraldo Siregar; Natasya Sabatini Putri Pangaribuan5 Natasya Sabatini Putri Pangaribuan5 Natasya Sabatini Putri Panga
Problematika Hukum Vol 9, No 1 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i1.5200

Abstract

The rapid development of facial recognition technology through artificial intelligence has raised various issues related to privacy and human rights. This is because this technology opens up the potential for abuse and violations related to this matter. In Indonesia, there are several regulations and laws that apply regarding information and technology and data privacy. Such as Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, Law Number24 of 2013 concerning Population Administration (Population Administration Law), Law Number 27 of 2022. Of course, there will continue to be challenges in dealing with the impact of facial recognition technology on society and the government. Therefore, it is very important for the public to learn about technology and start being tech-savvy, and it is very important for the government to make specific regulations on facial recognition technology. In addition, agile governance structures are also needed to adapt to technological advancements, such as oversight mechanisms, audits, and public consultations. These measures are essential to manage risks andprotect privacy and individual rights in the digital age.Keywords: Artificial Technology; Facial Recognition Technology; Human Rights; Information and Technology Law

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