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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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TANGGUNG JAWAB KANTOR PENDAFTARAN FIDUSIA SEHUBUNGAN PENDAFTARAN FIDUSIA SECARA ELEKTRONIK YANG TIDAK MELAKUKAN PENGECEKAN DOKUMEN AKTA JAMINAN FIDUSIA DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Sudriyo Sudriyo
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.v3i2.762

Abstract

Fiduciary registration is currently undergoing a shift in the digital era which provides a value and convenience for fiduciary owners, But the problem arises when the fiduciary registration does not provide the value of legal certainty and office accountability that dares to issue a fiduciary certificate without the process of checking data and fiduciary objects based on the above description the author takes the title: RESPONSIBILITY OF FIDUSIA REGISTRATION OFFICES IN CONNECTION OF ELECTRONIC FIDUSIA REGISTRATION THAT DOES NOT CONDUCT THE DOCUMENT OF FIDUSIA GUARANTEE CONNECTED TO LAW NUMBER 42 OF 1999 CONCERNING FIDUSIA GUARANTEE, Problem identification is electronic Fiduciary registration fulfilling legal certainty and in accordance with Law Number 42 of 1999 and What is the responsibility of Fiduciary registration office as the party issuing Fiduciary certificate in connection with electronic Fiduciary registration that does not carry out inspection towards the physical data of the Fiduciary Guarantee deed linked to Law Number 42 of 1999. The formation of this system is a manifestation of the Ministry of Justice and Human Right to uphold the contents of Article 14 Paragraph (1) of the Fiduciary Guarantee Law (FGL) which reads: "Office of the Register of Fiduciary publish and submit to the Fiduciary recipient, Certificates Fiduciary on the same date as the date of receipt of the request registration ".1, the article have not be implemented perfectly on the same system. Article 12 paragraph (1) is in the Directorate General of General Law Administration of the Department of Justice and Human Right, Clearly the responsibility of the office in this issuance of fiduciary certificates must be in accordance with the rules for measuring fiduciary certainty.
ANALYSIS OF INFORMATION TECHNOLOGY CRIME AND CRIMINAL LAW ENFORCEMENT POLICY EFFORTS IN THE ERA OF GLOBALIZATION Devinda S; Rizqyta P. K; Cindy Firdiani; Tomasia Da Costa; Shifa S. S; Chelsea Z.P. G
Problematika Hukum Vol 9, No 2 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i2.5206

Abstract

The era of globalization influences the development of technologyand the internet for human life. Cybercrime can be carried out as a form of crime by involving several perpetrators in several jurisdictions of different countries, with target victims in other countries as well. This study analyzes the laws and regulations related to cybercrime in Indonesia, namely, the Criminal Code, the Telecommunications Law, the ITE Law, and the Draft Criminal Code which will become legislation in Indonesia and is based on comparative law and descriptive analysis. The research methodology uses qualitative normative legal methods with a literature study. This research also uses descriptive specifications to describe criminal law enforcement policies in eradicating information technology crimeKeywords:Globalization, Information Technology, Cyber Crime, Criminal Law Enforcement Policy
Rechter Commisaris: A Dull Sword or A Medicine to Justice? Reynaldo Arya
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.v4i1.1337

Abstract

In order to protect the fundamental rights of a human being from any violations during the process of investigation or trial proceedings, an institution called praperadilan was established through Indonesia Criminal Procedural Law. However, throughout 38 years of this institution implementation in Indonesia, the flaw and weakness of this institution has been identified. The example of weakness themselves posed as a great danger to the human rights of the suspect of accused, as on conducting coercive measures, the law enforcement may conduct the measures not in accordance with the law. This weakness has soon lead the society to thought of an alternative towards this institution, another institution that is better and may solve the weakness posed by praperadilan. The society then turn back to the history, realizing that prior to the implementation of Herziene Indische Reglement (HIR) in 1941 has erase a similar institution with the same purpose as in praperadilan, this institution was commonly known as “Rechter Commisaris”. In order to understand whether this reestablished institution may solve the weakness of praperadilan, the author decides to conducting a research on this topic through implementing normative legal method to procure the necessary materials. This writing will analyze the present status quo of praperadilan through understanding the changes made by Constitutional Court to this institution and identifying the weakness of praperadilan that still relevant in 2019. Then, this writing will further analyze the reasons behind the disappearance of this institution in HIR and Law Number 8 Year 1981 regarding Criminal Procedural Law. Finally, this writing will provide a comprehensive comparison and analysis on whether the present reestablished Rechter Commisaris that was contained within 2011 Draft of Criminal Procedural Law may lead to better protection of fundamental rights of a human being.
LEGITIMACY OF ADVOCATES RELATED TO THE COURT EXAMINATION PROCESS Muhammad Rezeqi; Zenny Rezania Dewantary
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.v4i2.1721

Abstract

Court examination in Indonesia, particularly on the first and second stage, works on examining facts of a disputed case. Ideally, the Judge’s decision is made based on consideration about the case. However, one case showed that the legitimacy of the advocate team that worked on that case, interfere the Judge consideration and changed the result of the examination. The problem was, the presumed illegitimate advocate was made based on a vast-changing law about advocate. Indonesia experienced several change from multi-bar to single-bar and to multi-bar system of advocate bar. The question of the legitimacy of the advocate on that case was based on that unfortunate condition of the bar system, not because of the neglect performed by the advocates themselves. This led to a question on how the procedural aspect like the legitimacy of advocate could affect the material aspect, which is the on-going case and resulted to a different verdict.
WEWENANG DIREKSI PERUSAHAAN PERSEROAN DAERAH (PERSERODA) TIDAK TERLEPAS DARI PERAN SERTA ORGAN PERSEROAN Endang Suratminingsih
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.v5i1.4420

Abstract

BUMD organs (Regional Owned Enterprises) in regional company companies consist of a general meeting of shareholders (GMS); commissioner; and directors. The GMS is a company organ with powers not granted to the Board of Directors or the Board of Commissioners within the limits specified in the Job Creation law and/or the articles of association. The commissioner is tasked with supervising the regional state-owned companies and supervising and providing advice to the directors in running the management of the company, although in certain cases the directors are not authorized to represent the company. However, the condition of Perseroda's governance is still not optimal, as can be seen from the presence of bureaucratic work patterns that lead to actions by the directors beyond their authority, this causes the authority of the directors to take actions for the interests of the company not optimally and the function of the commissioners as supervisors does not work according to their authority. To answer the problem the theory used is the GONE theory which was introduced by Jack Bologne Gone where the position of directors is very prone to carry out acts of self-enrichment due to the inherent authority for directors in representing the company that is unlimited and unconditional. It can be concluded that there is a compromise between the role of directors and the role of commissioners in corporate governance. Good Corporate Governance (GCG) is only considered as a company logo (symbol). Therefore, it is suggested that shareholders are expected to form a special team of professional experts in their field consisting of BUMD coaches/practitioners/academicians/entrepreneurs to select candidates for company management in order to produce a director and commissioner who has concern and good faith ability, honest loyalty to the company with a degree of high knowledge in the field of business,
PROBLEMATIKA PENASIHAT HUKUM BELUM BERSTATUS ADVOKAT KETIKA MENERIMA SURAT KUASA KHUSUS UNTUK BERACARA DI PENGADILAN (STUDI KASUS PUTUSAN NOMOR 412/PDT.G/2019/PN MDN DI PENGADILAN NEGERI MEDAN) Bayu Imantoro
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.v5i2.4718

Abstract

In representing the parties for proceedings in court or other institutions outside the court, advocates must show the legitimacy of their profession as an advocate. The validity is proven by the existence of a power of attorney from one plaintiff or defendant to an advocate with the designation of an extraordinary power of attorney. Following Article 1795 of the Civil Code: The granting of power of attorney can be carried out precisely, namely only regarding a particular interest or more, or in general, covering all the interests of the person giving the power of attorney. The unique power of attorney is the basis for granting power of attorney to the advocate to take any action that the recipient of the power of attorney may take to represent the interests of the power of attorney as the principal party. The following legal basis, in Article 4 paragraph (1) of Law no. 18 of 2003 concerning Advocates, before carrying out their profession, Advocates must swear an oath according to their religion or make a solemn promise in an open session of the High Court in their legal domicile. When filing a lawsuit, each extraordinary power of attorney is registered at the clerk's office at the judiciary, where it will be listed for data collection and supervision of the attorney. The research aims to analyze the application of Article 4 paragraph (1) concerning advocates who have not yet received an oath when they receive an extraordinary power of attorney from the plaintiff, then register civil cases at the clerk's office and continue to represent the plaintiff, follow the trial process until the judge makes a final decision. The research method used is a normative juridical approach.
HUMAN RIGHTS VIOLATIONS AGAINST OIL PALM PLANTATION WORKERS IN WEST KALIMANTAN REGION Abdul Ghani Naufal Rabbani; Arthania Callista Bunga Julianto; Ni Komang Ariska Argun Gayatri; Putu Ananda Mustika Karina Padang Galuh
Problematika Hukum Vol 10, No 1 (2024)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v10i1.5137

Abstract

Indonesia, a leading palm oil producer, faces a dilemma between the palm oil sector's positive economic contribution and its negative impact on labor rights. Despite creating jobs and economic growth, the sector is often associated with rights violations such as corruption, job insecurity, low wages, forced labor, occupational safety, child labor, and social security. Case studies in West Kalimantan and Central Sulawesi highlight the issues that need to be addressed to strike a balance between economic development and human rights protection in Indonesia's palm oil sector.Keywords: Human Rights, Plantation Labor, Oil Palm, Worker
ANALYSIS OF THE CONSTITUTIONAL COURT’S DECISION REGARDING THE AGE LIMIT FOR PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES Arlen Citra Narindra; Fathimah Natia Salsabila; Nazwa Ayuni; Rayyan Muhammad Aulia
Problematika Hukum Vol 6, No 1 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i1.5152

Abstract

The constitutional court or commonly abbreviated (MK) is the guardian of the constitution in the scope of Indonesian state administration. In this case the constitutional court is tasked with reviving the constitution and enforcing it if there are violations that occur. Indiscriminately and remain straight on the existing codification. However, recently, the Constitutional Court was shaken by an extraordinary new problem that had never been experienced before. The impact of this case finally dragged the chief judge Anwar Usman down from his position. This research will discuss the problem of the decision handed down by the Constitutional Court on the judicial review of Law Number 7 of 2017 concerning General Elections in determining the minimum age limit for the president which finally dragged the Chief Justice of the Constitutional Court for violating ethics and allegations of nepotism.Keywords: Constitutional Court; President; age limit; nepotism; ethics
KETAATAN PENGEMUDI DAN PENUMPANG DI JALAN TOL TERHADAP PERATURAN PELARANGAN BERHENTI DI JEMBATAN TOL PADALARANG Maria Francisca Mulyadi; Mahayoni Mahayoni
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.v1i1.4

Abstract

Regulation aims to provide legal protection to road users performed better highways officers and highway users. Legal awareness highway users should be supported with the empowerment and active community participation. It is necessary to examine the causes in the driver and passenger buses that stop at the edge of the highway, despite being penalized foreclosure license and registration , and legal awareness of the driver and passengers of the bus on the highway and solutions to minimize the infringement on the side of the highway Padalarang in its application. The approach in this study was to specification juridical sociological analytical descriptive and exploratory research. In fact on the highway often stop in violation of the toll road , even for raising and lowering the passenger in highway bridge Padalarang . In addition to the desire of the driver is also influenced many direct requests of the passengers. Regulations on the highway does not apply so as a decoration without function has been lost because of cultural shame in breaking the rules and the loss of a sense of obedience to rules , and do not pay attention to the rights of others in the use of toll roads.
Reverse Evidence System in TPPU and Corruption Criminal Verdict Cases Kharina Aliyya Putri Widiyawati; Regita Berliana Pangestu; Shafira Eka Putri; Anggi Pertiwi Meliala
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5161

Abstract

In the context of criminal law, the burden of proof generally lies with the prosecution. However, in cases of Money Laundering (TPPU) and Corruption, there is a unique phenomenon in the form of a 'reverse evidence system'. This system allows the burden of proof to be shifted to the defendant to prove that the assets or property he owns come from a legitimate source. This phenomenon emerged in response to the difficulty of uncovering the extensive networks and complex methods used by TPPU and corruption perpetrators. Through a literature study, this research explores the origins, legal basis, and implications of applying the reverse evidence system in these cases. The research results show that although this system has advantages in increasing the effectiveness of prosecutions, it also raises controversies related to human rights principles and principles of justice. It is important for legal practitioners to understand the balance between efforts to eradicate crime and protect individual human rights.Keywords: Burden of Proof; Corruption; Human Rights; Money Laundering Crime (TPPU); Reverse Evidence System.

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