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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 PROTECTION FOR OWNERSHIP OF PROPERTY LAW ON MARRIAGE AFTER DIVORCE DECISION Sugiarti Sugiarti
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.v1i1.30

Abstract

Marriage is a sacred and holy institution as stated in Law No. 1 of 1974 article 1 about marriage. Joint property can be used by the husband and wife, for anything and any amount as long as there is also agreement of both parties. Just right for a husband and wife with the right of use or wear it with the consent of both parties (reciprocal) is naturally given that the rights and position of the wife by the husband is in an environment of domestic life and social life together in society, a place where each each has the right to take legal actions. This means that both parties are given the opportunity to have an agreement that's about innate property may be inserted into the joint property, while other parts are certain to remain under the supervision of each. If each party has an agreement to enter the default property to be joint property, the management is certainly applicable provisions of the agreement regarding the default property.
INTERNSHIP REMUNERATION FOR STUDENTS UNDER INDONESIAN LAW Aafiyah Salsabila Ramadhan; Andi Azraf Akbar Rezal; Febri Rahmatullah; Komang Ratih Radityari
Problematika Hukum Vol 7, No 1 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i1.5169

Abstract

Work experience is an essential part of gaining the experience and skills needed for post-graduate employment. They provide students with valuable work experience, access to professional networking, and the opportunity to explore different career opportunities. They open themselves and their minds to gain new knowledge and adapt to a new environment. Only if the company does and appreciates all their hard work, this is certainly a positive value. However, companies in Indonesia rarely appreciate the hard work during internship by giving them either low remuneration or no remuneration at all. There are a number of regulations under Indonesian law that explain the rights and responsibilities of interns, that is, they have rights that are protected by the state, which includes the right to compensation. Several questions arise when this issue is raised. What are Indonesian regulations regarding rights and obligations of interns and companies? What is international best practice regarding placements? In order to avoid underpayment of interns, what is the way forward for Indonesia in this area?Keywords: Keywords: Remuneration, Students, Indonesian Law
DAMPAK KEPAILITAN PENGEMBANG RUMAH SUSUN TERHADAP TRANSAKSI JUAL BELI RUSUN (STUDI KASUS RUSUNAMI KEMANGGISAN RESIDENCES) Fennieka Kristianto
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.v1i2.311

Abstract

The uncompleted Flats construction and not provided the Certificate of Property Rights on Flats Unit (SHM Flats Unit) make Flats Unit’s purchaser only has the Conditional Sale and Purchase Agreement on Flats Unit (CSPA Flats Unit), therefore the Flats purchasers bear the consequences of bankruptcy on the developer. As a result of the bankruptcy of the Flats transaction raises legal issues related to the legal status of ownership of Flats Unit that  purchaser has paid the price. Do paid Flats Units become part of the bankruptcy estate of bankrupt developer? This paper aims to determine the impact of bankruptcy developer on flats’ purchasers and their legal status of the Flat Unit’s ownership  by  probing the case in Rusunami Kemanggisan Residences. This qualitative descriptive study, using research methods literature. Based on content analysis obtained the following conclusions. Bankruptcy resulted in a general seizure on properties of Flats developer, including Flats Unit which has been fully paid by the purchaser. The legal status of purchaser of  Flats Unit who has paid payment based CSPA Flats Unit,  not as owners, but as unsecured/concurrent creditors of the developer because it has not handed over the ownership of Flats Unit both factually and legally from the developer to the purchaser. As a result, the ownership rights of Flats Unit legally still on developer and become the developer’s bankruptcy assets. Suspension of Obligation for Payment of Debt  (PKPU) or mediation as an alternative dispute resolution is more favorable to developers and Flats purchaser.
DEMOCRATIC CRISIS IN INDONESIA’S ADMINISTRATIVE LAW RELATED TO RUU DKJ PROPOSED BY DPR RI Alexandra Denise Setia Santosa; Meida Wulansari2 Meida Wulansari2; Michelle Angela Kawanda; Vanessa Manuela Patty; Vina Julfiana Wibowo
Problematika Hukum Vol 7, No 2 (2021)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v7i2.5174

Abstract

The crisis is a critical situation and democracy is an idea or outlook on life that prioritizes equal rights and obligations as well as equal treatment for all citizens. The democratic crisis in Indonesia is getting worse thanks to the passing of the Draft Law on the Special Region of Jakarta (RUU DKJ) on Tuesday, December 5 2023 by the House of Representatives. In the Draft Law on the Special Region of Jakarta (RUU DKJ) it is written that the Governor and Deputy Governor are appointed by the President and the Mayor and the Regent are appointed by the Governor. Draft laws should be made in the interests of the people with democratic values. However, it is very unfortunate that several decisions in the Draft Law on the Special Region of Jakarta (RUU DKJ) are not in line with this principle. This research will examine the problem by referring to the 1945 Constitution and Law Number 6 of 2020, using qualitative and evaluation methods to explore the impact and implications of the DKJ Bill on democracy in Indonesia.Keywords: Crisis; Democracy; Rancangan Undang-Undang; House of Representative; Government.
PENYELESAIAN WANPRESTASI PADA PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN OLEH KOPERASI Sujana Donandi S
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.v2i1.560

Abstract

In a credit agreement with mortgage in Credit Union (Koperasi SImpan Pinjam/KSP), it is very likely that default happened or the debtor fail to fulfill obligation. The Process of resolving this problem is interesting to be discussed to determine how KSP solves problems of rights and obligations emerging from bad performing loan in which involves morgage. The research is a legal normative-empirical research and the type is descriptive. The result showed that the the resolving of credit with mortgage in KSP could be pursued through the handling procedure, legal effort, and the execution assurance in parate executie or execution without court decisions.
INDONESIAN GENERATION Z'S IMPACT ON DEMOCRACY AND LEGAL DYNAMICS IN INDONESIA Rafael Gonzales Sibarani; Mazidatul 'Inayati Al Yasiri; Shifa Salsa Sabilah; Devinda Syahrani
Problematika Hukum Vol 8, No 1 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i1.5179

Abstract

Indonesia's population is made up of 27.94% members of Generation Z, which comprises those born between 1997 and 2012, according to a 2020 Central Statistics Agency (BPS) poll. Considering that this generation grew up with the rise of social media and technology, there are serious concerns about how involved they are in democracy and the judicial system. This article highlights the critical role that Generation Z is playing in developing a new paradigm for a more responsive legal system and dynamic democracy, especially through social media, which they have grown to rely on. With their technological prowess, Generation Z makes use of social media platforms as tools to voice political views, mobilize collective action, and disseminate up-to-date information. Their activism enriches democratic dialogue, creating space for more inclusive voices. Social media is also a channel for building legal awareness, with discussions on regulations and human rights. In conclusion, the basis for constructive change is laid by Generation Z's involvement in democracy and their interaction with the legal system via social media. They are using technology to alter Indonesia's political and judicial processes, as well as to create lively forums for discussion.Keywords: Generation Z; Democracy and Legal System; Social Media.
TINJAUAN HUKUM MENGENAI BENTUK BADAN HUKUM LEMBAGA MANAJEMEN KOLEKTIF DI INDONESIA Sujana Donandi S
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.v2i2.567

Abstract

The existing legislation does not yet give clear boundaries regarding the form of legal entity of Lembaga Manajemen Kolektif (LMK) in Indonesia. The legal certainty about the form of legal entitiy of LMK is important to be examined as the basis for government and society in running and supervising LMK. This research is conducted through a normative legal research method using statute approachment dan utilizing primary and secoundary resources. The discussion shows that LMK is divided into 2, The LMK and LMK Nasional. The form of legal entity that lawfully allowed to establish LMK is Association because it meets the terms and condition as it is governed by legislation of copyright that LMK must be a legal entity, non-profitable, and membership basis. On the other hand, LMK Nasional is a public legal entity made by government.
ANALYSIS ON ARTICLE 340 OF THE CRIMINAL CODE AND ARTICLE 388 OF THE CRIMINAL CODE IN THE JESSICA MIRNA CASE Arifian Awang Budhiarta; Bardo Josua Schumacher Sitohang; Josephine Annabelle Djibu; Stevan Gabriel Louhenapessy
Problematika Hukum Vol 8, No 2 (2022)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v8i2.5194

Abstract

Murders in Indonesia vary widely. The definition of murder is a criminal act that results in the loss of a person's life. Currently, murders occur a lot in various regions in Indonesia. Apart from being influenced by motives, this is also a picture of the moral decline of this nation. It is so easy for someone to take another person's life, that the cause is worth investigating. The harshness of life and the fragility of religious education may also be factors in the ease with which someone can take another person's life. The crime of murder requires the role and duties of the authorities, namely the Police. Murder committed intentionally in its basic form is contained in Article 338 of the Criminal Code, the formulation of which is "Whoever intentionally takes the life of another person, is threatened with a maximum imprisonment of 15 years for murder." The crime of premeditated murder is also formulated in Article 340 of the Criminal Code, the formulation of which is "Anyone who deliberately and plans to kill another person is threatened with premeditated murder, with the death penalty or life imprisonment, or life imprisonment. Certain period, a maximum of twenty years.” In this case, the defendant Jessica Wongso was very depressed and in this trial, according to the author, there was no concrete and clear evidence because an autopsy was not carried out. Because, what is clear is that there must be an autopsy, not just a sampling of stomach organs. Therefore, this case feels very strange and there is no clarity or clear evidence at all. The family refused to carry out an autopsy because they were afraid it would cause damage to Mirna Salihin's body.Keywords: Murder; Premeditation; Autopsy; Laws
DISPUTE SETTLEMENT ON THE OWNERSHIP OF TRADEMARK WITH SIMILARITY (CASE STUDY BETWEEN GUDANG GARAM VS GUDANG BARU) Selly Marcelina; Sujana Donandi S
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.v3i1.652

Abstract

One of the difficulties arising from the provisions of Law no. 15 of 2001 regarding trademark is the lack of clear guidelines to determine the criteria of a well-known and famous trademark. One of the disputes on a famous trademark was between Gudang Garam and Gudang Baru that has been settled by the Supreme Court through decision No. 162 K /Pdt.Sus-HKI/2014. Problems in this research are regarding the Legal Consequences of the Verdict of the Supreme Court Number 162 K / Pdt.Sus-Hki / 2014 and how to determine the ownership of Trademark with Similarity. The methodology of this research is normative-empirical which is the combination of normative and empirical legal research. The results show that The verdict of Supreme Court Number 162 K/ Pdt.Sus-Hki/2014 determined that as long as a trademark has been registered in Indonesia, the trademark will be given a legal protection even though the trademark has similarity with other trademark that has been famous in many other countries. This verdict is not coherence with indonesian trademark law that does not admit trademark upon a trademark with similarity. The criteria of the determination of the equation basic elements in a famous brand that is the similarity of images, phenotic, names, words, letters, numbers, color arrangement or combination of such elements.
COMPARATIVE ANALYSIS OF COST RECOVERY AND GROSS SPLIT MECHANISMS IN OIL AND GAS PROJECTS IN INDONESIA Hana Dirda Hutapea; Aisyah Naila; Cassie Gabriellia; Nita Harintan; Putri Tantya5 Putri Tantya5
Problematika Hukum Vol 9, No 1 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i1.5201

Abstract

This journal presents a comparative analysis of the cost recovery and gross split mechanisms in oil and gas projects in Indonesia. The cost recovery and gross split procedures utilized in Indonesian oil and gas projects are compared in this research. The objective is to evaluate the benefits and drawbacks of each mechanism and pinpoint the variables that affect the mechanism that businesses select. While gross sharing mandates that corporations share earnings with the government from the outset of production, cost recovery permits companies to recover their production and exploration costs before sharing revenues with the government. The journal presents that while gross sharing increases government revenue and lowers the likelihood of cost overruns, cost recovery provides businesses with greater certainty but also exposes them to higher risks. The project's size, the level of government involvement, and the political and regulatory landscape all influence the method chosen. To help stakeholders in the business and policymakers choose the best procedures for their projects, the studies also offer insightful information.Keywords: Cost Recovery ; Gross Split ; Corporations ;

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