Problematika Hukum [eISSN: 2503-4812] is an open-access, peer-reviewed scientific journal published by Law Study Program (Program Studi Hukum) President University twice a year (June and December) that addresses legal issues in Indonesia and other Southern Hemisphere countries. This journal aimed to to provide a comparative and multidisciplinary arena to communicate up-to-date analysis on Corporate Law and Litigation within the Global South perspective. The term "Global South" commonly denotes the asymmetrical power dynamics that influence the experiences of nations colonized, enslaved, or marginalized by imperial powers. It is regarded as a conceptual framework of power, rather than a geographical division, that has influenced academic disciplines, including legal studies. Although many southern countries adopt the perspectives on legal development led by the West, they have also developed their unique features. This has prompted legal scholars to delve into more intricate relationships, given these countries' political, social, and cultural diversity. Their legal developments often address the challenges posed by emerging economies and divided societies. This journal contributes to cross-border legal studies by incorporating a significant perspective from the Global South. It achieves this by prioritizing the voices and experiences of southern countries in the context of legal growth.
Authors who publish with this journal agree to the following terms: a. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution 4.0 International License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal. b. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal. c. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
JURIDICAL ANALYSIS OF THE JIWASRAYA CORRUPTION CASE THROUGH WHITE-COLLAR CRIME THEORY
Copyright (c) 2025 Dhia Azka Humaira Noor, I Made Satria Prima Artha, Rakan Azhim
LEGAL ANALYSIS OF DPR DECISION REGARDING THE TERMINATION OF CONSTITUTIONAL JUDGES
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Copyright (c) 2025 Chelsy Atika Balqis, Renata Lasmaida, Violyn Amei Manapode
SOCIAL FACTORS AND LEGAL COMPLIANCE IN THE DIGITAL ERA
Copyright (c) 2025 Grace Sharon, R. Jossi Sutari Belgradoputra
ENFORCEMENT OF COPYRIGHT PROTECTION FOR COMPUTER SOFTWARE
“TEXTUAL ANALYSIS TOWARDS HEALTH MINISTER REGULATION NUMBER 2/2025 ABOUT REPRODUCTIVE HEALTH IN RELATION WITH SAFE ABORTION”
Copyright (c) 2025 Zenny Rezania Dewantary
REGULATION OF GEOTHERMAL ENERGY AS A RENEWABLE ENERGY SOURCE FOR ELECTRICITY SUPPLY IN INDONESIA
Copyright (c) 2025 Robert Pangihutan Radjagoekgoek, Parlindungan Satria
WHISTLEBLOWER PROTECTION AND CORPORATE GOVERNANCE: U.S. LEGAL IMPLICATIONS POST WORLDCOM AND LESSONS FOR INDONESIA
Copyright (c) 2025 Patricia Audra Sului, Ulya Yasmine Prisandani
ACCOUNTABILITY OF COAL-FIRED POWER PLANTS BASED ON THE POLLUTER PAY PRINCIPLE THROUGH CARBON TAX
Copyright (c) 2025 Christhoper Kristian Darmawan
THE RECTOR'S COMMUNICATION STRATEGY IN IMPLEMENTING TRANSFORMATION IN THE PRIVATE HIGHER EDUCATION ENVIRONMENT
Copyright (c) 2025 Robert Pangihutan Radjagoekgoek, Faisal Muzzamil
JURIDICAL ANALYSIS OF LAW ENFORCEMENT OF LAW NO. 5 OF 1999 IN TENDER WINNER RIGGING AS AN UNFAIR COMPETITION PRACTICE (15/KPPU-L/2023)
Copyright (c) 2025 Daffa Maynathan Dzakwa, Indana Halwa Raqiqah, Jessica Theresia Nauli Siregar, Nadhira Salma Amanda, Rahma Dinisa, Shella Puteri Sudrajat, Zayyan Dzacky Aqillah
DISCRIMINATORY ARBITRATOR APPOINTMENT AND PUBLIC POLICY: A COMPARISON OF THE US, UK AND INDONESIA
Copyright (c) 2025 Wut Yee Oo, Bunga Dita Rahma Cesaria
JUDICIAL REVIEW OF LAND DISPUTE SETTLEMENT (CASE STUDY OF DECISION NUMBER 9/G/2023/PTUN.SMD)
Copyright (c) 2025 Agis Aufa Puan Rustandi, Bedzlina Bella Syahwa, Cahya Bintang Aenah Riyanti, Kayla Riani Putri Harahap, Muammar Fadlurahman Fadlurahman, Muhammad Saamir Habibi, Shafira Deviana Utari
COMPARATIVE ANALYSIS OF COST RECOVERY AND GROSS SPLIT MECHANISMS IN OIL AND GAS PROJECTS IN INDONESIA
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. Â
PRIVACY PROTECTION AND THE USE OF FACIAL RECOGNITION TECHNOLOGY IN PUBLIC SURVEILLANCE: LEGAL PERSPECTIVES AND POLICY IMPLEMENTATION IN THE DIGITAL ERA
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 Number 24 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 and protect privacy and individual rights in the digital age. Â
NAVIGATING CONTRADICTION IN INDONESIA’S CLIMATE VISION AND RENEWABLE ENERGY PLAN: ANALYSIS ON THE DRAFT LAW ON NEW RENEWABLE ENERGY (RUU EBT)
Energy plays a vital role in human life, the backbone of our daily activities. One of the most commonly used types of energy is fossil energy, which has become a mainstay in fulfilling energy needs not only in Indonesia but also around the world. Despite its low cost and simple process, the use of fossil energy causes negative impacts on the environment. The government tried to address this issue by formulating the New Renewable Energy Bill (RUU EBT), but the bill is still bound to the old paradigm that pays more attention to non-renewable energy. This is contrary to the initial goal of dealing with climate change and environmental challenges. This research aims to identify problems in RUU EBT related to new energy and seek solutions that are in line with the principles of green legislation to address climate change. The research method involves statutory analysis, conceptual approach, and comparative approach. The result shows misalignment between the philosophical foundation of RUU EBT and its content, which is still focused on the use of non-renewable energy, including new energy. Therefore, it is necessary to reformulate the Bill that prioritizes environmental protection, in accordance with the principles of green legislation.
Copyright (c) 2024 Stevan Gabriel Louhenapessy
DEMANDS FOR WORKER'S RIGHTS: A TREATY LAW PERSPECTIVE
Demands for workers' rights are an important issue in the world of work. A contract law perspective is one approach to considering employee rights claims. This research aims to analyze employee rights claims in terms of contract law. Collective agreements are the basis for regulating the relationship between workers and employers. Employee rights are regulated and protected by company agreements. Workers' rights demands cover various aspects, such as fulfilling salaries, benefits, reasonable working hours, safety and health guarantees, adequate leave, protection against discrimination, and guaranteed legal protection. From a contract law perspective, it is important to understand the elements contained in an employment contract, such as the principles of the contract, the conditions that must be fulfilled, as well as the rights and obligations of each party. In addition, applicable laws and regulations must also be considered when resolving disputes between workers and employers. This research method can be used in qualitative normative legal research with secondary data. The results of this research are expected to provide a better understanding of workers' rights and the legal protection available in employment contracts. In short, it emphasizes workers' rights in the world of work. This is an important matter and can be seen from the perspective of contract law. Employment contracts are an important means of protecting workers' rights. However, it is also important to continue to monitor legal developments and improve existing regulations to better protect workers' rights. Keywords: Worker’s rights, contract law, employee rights, legal protection,
LEGAL ANALYSIS ON THE CONSTRUCTION OF MEIKARTA PROJECT FROM THE LENS OF CONSUMER PROTECTION
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
ANALYSIS OF LEGAL PROTECTION REGARDING THE COMPANY'S LARGE PROJECT ON FOREIGN DIRECT INVESTMENT IN INDONESIA
Foreign investment is necessary to support the growth and development of the national economy in Indonesia. One of the main resources to support national development is foreign capital payments. There are many factors that foreign investors must consider before investing in Indonesia. The first is the legal protection imposed by the government on foreign investors. According to Law Number 25 of 2007 concerning Investment This research aims to analyze the relationship between foreign investment in Indonesia. This research uses a normative approach, meaning the aim is to measure or evaluate something based on existing standards or norms, in this case, legal norms. The statutory regulatory approach method is different from the approach that uses law as the main tool to analyze a particular issue or problem. This transfer of knowledge and technology also benefits a lot from foreign investors, namely increasing state income or foreign exchange in the investor's home country (Harjono, 2016). Legal protection is one component that supports the growth of foreign investment businesses in Indonesia. Keywords: Foreign investment; Investment Law; Legal Protection;
ZERO EMISSION AN ANALYSIS OF ILLEGAL MINING AS A NON-PROCEDURAL EXPLOITATION OF THE LAW
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
CIVIL TORT LAWSUIT AGAINST TRAFFIC ACCIDENT CASES
In the contemporary landscape, traffic accidents stand as distressingly common events on our highways, carrying the potential to inflict significant harm on both individuals and property. Despite being frequent occurrences, traffic accidents can result in significant material and non-material losses. While the Criminal Code lacks specific regulations about traffic crimes, Law Number 22 of 2009 concerning Road Traffic and Transport (UULLAJ) addresses these issues. The research focuses on three main areas: 1) Unlawful Acts in Traffic Accidents, 2) Compensation as per Article 1365 of the Civil Code, and 3) the Settlement Process and Determination of Compensation. Through analysis of these key aspects, the study aims to provide insights into the legal framework surrounding traffic accidents and the mechanisms for addressing resultant damages within civil law. Keywords: Accident, Tort, UULLAJ, Lawsuit, Liability;
LEGAL ANALYSIS ON ABORTUS PROVOCATUS IN THE LEGAL SCOPE OF INDONESIAN CRIMINAL CODE
The debate regarding the abortion of prospective children by victims of rape or what is known as Abortus provocateurs is a controversial matter as if this word is taboo to be combined, apart from that in Indonesia itself this is a very taboo thing and is even considered very reprehensible to do, where Indonesia itself has regulated regulations regarding this matter, but in the words regulated, there is a dualism, namely between defending the rights of the prospective baby and overriding the rights of the prospective mother, in Article 31 paragraph (1) PP 61/2014 that abortion can only be carried out based on indications of a medical emergency. It can be seen that this regulation only allows women to abort their future babies for certain reasons and circumstances, but is this fair? For this reason, we are reviewing these legal regulations to provide further interpretation and new analysis regarding how these regulations should apply and whether these regulations regulate the rights of both parties, especially in Indonesian law itself. This analysis uses a descriptive approach to provide a systematic explanation or view regarding abortions carried out by rape survivors. Even though there are pros and cons in this case, the government has ratified the regulation Article 31 paragraph (1) PP 61/2014 that abortion can only be carried out based on indications of a medical emergency and pregnancy due to rape. which prohibits rape survivors from aborting their baby or future babies. Keywords: Rape; Victim; Abortion; Abortus Provocatus.
ANALYSIS OF INFORMATION TECHNOLOGY CRIME AND CRIMINAL LAW ENFORCEMENT POLICY EFFORTS IN THE ERA OF GLOBALIZATION
The era of globalization influences the development of technology and 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 crime Keywords: Globalization, Information Technology, Cyber Crime, Criminal Law Enforcement Policy
ANALYSIS OF SUPREME COURT DECISION NO.556/Pdt.G/2022
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
HARMONIZATION OF FINANCIAL SECTOR REGULATIONS WITH THE FDIC LAW AND THE P2SK LAW REGARDING THE USE OF PRIVACY RELIABILITY CERTIFICATES BY FINANCIAL SECTOR BUSINESSES
Information and communication technology has changed the behavior of society and human civilization worldwide. Its development has made the world borderless, and significant social changes are taking place rapidly. In addition to contributing to the improvement of welfare, progress, and human civilization, it has also become an effective means for illegal acts. Illegal acts occur in the development of the financial technology industry. In order to prevent unlawful acts, it is necessary to use privacy reliability certificates by financial sector companies based on Bank Indonesia Regulation No. 3 of 2023 and OJK Regulation No. 6 of 2022. The research method used is normative juridical. The research is conducted using primary data in the form of field studies as well as the use of library materials or secondary data that includes primary, secondary, and tertiary legal materials. This research aims to find out how the implementation of the obligation to use the Privacy Reliability Certificate by financial sector companies is based on the Indonesian Cyber Law, in order to better ensure consumer protection. Keywords: Keywords: Privacy Reliability Certificate, Financial Technology Industry, Consumer Protection.
Copyright (c) 2024 Agnes Monica Siagian, Muhamad Amirulloh
EXAMINING DISPUTE SETTLEMENT UNDER THE ASEAN CHARTER: ANALYZES INDONESIA'S HANDLING OF VIOLATIONS IN THE AMBALAT BLOCK DISPUTE AND THE STATUS OF SIPADAN AND LIGITAN ISLANDS.
The territorial dispute between India and Malaysia over Pulau Sipadan, Pulau Ligitan and the Ambalat block is a major challenge to regional stability in Southeast Asia. Through conflicting historical and sovereignty claims, these disputes have undermined bilateral arbitration and led to international arbitration, particularly through the International Court of Justice (ICJ). These disputes, governed by international legal frameworks such as the Treaty on Certification and Cooperation (TAC) and the United Nations Convention on the Law of the Sea (UNCLOS), involve complex issues of maritime territorial delimitation and exploitation of resources. However, despite the ICJ decision, the decision-making process was complicated by difficulties in implementing the decision and enforcing the law, particularly with regard to the economic effects on oil and gas reserves. Addressing these challenges requires a multifaceted approach that emphasizes diplomatic dialogue, confidence-building, and strengthening regional cooperation. It is important to reduce problems, stabilize age and promote the well-being of all in South Asia. Effective conflict resolution is essential to maintaining regional peace and security and ensuring the continued progress and development of all parties involved Keywords: Territorial disputes; Sipadan & Ligitan Island; ;International Court of Justice (ICJ); UNCLOS;Peaceful resolution
Copyright (c) 2024 Maria Regina Sekar Kedaton Saputra
THE INFLUENCE OF INTERNATIONAL LAW ON MUNICIPAL LEGAL SYSTEMS IN ASEAN
The paper explores the influence of international law on ASEAN member states' municipal legal systems, with a focus on treaty incorporation, customary international law, and involvement with international jurisprudence and institutions. It emphasizes the challenges that ASEAN faces, such as fragmentation, a lack of public awareness, and varying political conditions, which interfere with the unified implementation of international law. Despite these challenges, mutual dependence and aspirations for regional integration demand continuous compliance to international law. The ASEAN Charter plays an essential role in strengthening the region's legal framework. Furthermore, efforts to address fragmentation, raise public awareness, and increase stronger political commitment to international law are essential for an ASEAN region that is stable, honors human rights, and is fully integrated. Keywords: ASEAN, Compliance, International law,
Copyright (c) 2024 Regina Cyrilla Candra
HUMAN RIGHTS VIOLATIONS AGAINST OIL PALM PLANTATION WORKERS IN WEST KALIMANTAN REGION
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. Â Keywords: Human Rights, Plantation Labor, Oil Palm, Worker
Copyright (c) 2024 Abdul Ghani Naufal Rabbani, Arthania Callista Bungo Julianto, Ni Komang Ariska Argun Gayatri, Putu Ananda Mustika Karina Padang Galuh
CRISIS IN NAMUN VILLAGE: UNRAVELING PT PERTAMINA EP TANJUNG'S LEGAL OBLIGATIONS AMID CRUDE OIL PIPELINE LEAKAGE
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
Copyright (c) 2024 Ahmad Iqbal Ubaidillah, Berliana Putri Nurhari, Salvia Zahra Shavalysta, Sekar Tiara Citra Maharany, Tiara Putri Fitriana
CASE STUDY: THE STRENGTH AND WEAKNESS OF CORPORATE MERGERS AND ACQUISITIONS
This study examines the impact of mergers and acquisitions (M&A) on company performance in emerging markets, using Indonesia as a case study. By analyzing data from the Business Competition Supervisory Commission (KPPU), it observes a significant rise in M&A activity during the pandemic. Unlike previous research, this study evaluates both short- and long-term effects on company performance, emphasizing the role of managerial ability (MA) in M&A success. While M&A offers benefits like diversification and access to new markets, it also poses risks such as unclear goals and cultural disparities. Successful M&A transactions can create value for shareholders, but careful planning, due diligence, and integration are essential for maximizing benefits and minimizing risks. Keywords: Merger and acquisition, corporate, business competition, asset, financial transaction.
Copyright (c) 2024 Abel Zebada Hephzibah, Amelia Maximova Nababan, Nedichya Correia Belo
Legal Analysis: Interfaith Marriage Between Muslim Men and Buddhist Women In Indonesia And Myanmar
Interfaith marriage leads to intricate legal and social challenges in countries, including Indonesia and Myanmar, where constitutional guarantees of religious freedom intersect with religious principles and state legislation. This article explores the legal complexities surrounding interfaith marriages in these nations, with a focus on marriages between Muslim men and Buddhist women. In Indonesia, while interfaith marriage is neither explicitly permitted nor prohibited, legal uncertainties arise from conflicting religious principles and national laws. Myanmar, on the other hand, allows interfaith marriage for Buddhist women through specific legislation. The registration process for such marriages varies between the two countries, further complicating the legal landscape. From a human rights perspective, restrictions on interfaith marriage in Indonesia and statute laws focused on the majority of Buddhists in Myanmar violate principles of freedom of religion and non-discrimination. This analysis highlights the challenges and complexities of balancing religious freedoms, national laws, and human rights principles in the context of interfaith marriage in Indonesia and Myanmar.
Copyright (c) 2024 Chanmyae Thiri Chanmyae Thiri