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Journal : Jurnal Hukum Adigama

PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS INFORMASI TANGGAL KADALUWARSA PRODUK MAKANAN BERDASARKAN UNDANG-UNDANG NO. 8 TAHUN 1999 (Studi Putusan NO.149/Pid.Sus/2017/PN.Ktb) Leviana Rachel; Amad Sudiro
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10622

Abstract

Legal protection for consumers on information on the expiration date of food products, especially food products sold by minimarkets. Sun. Often overlooked. In the field, the Minimarket Mentari sells food products that have no expiration date information, and it is even found that some packaged and canned foods do not include the expiration date so that it is very detrimental to food consumers and violates consumer rights. Kotabaru District Court Decision No. 149 / Pid.Sus / 2017 / PN.Ktb regarding the right to see consumers is not in line with Law no. 8 of 1999 concerning consumer protection. The ruling provides consumers with improper food legal protection. This research was conducted using normative legal research methods. Legal materials obtained by statute law and case law for normative analysis. Based on the results of the analysis, Law Number 8 of 1999 concerning Consumer Protection provides legal protection to consumers when food is damaged, it expires, in addition to their rights, they can also demand compensation, compensation or replacement of components in Article 4h. Get some good publicity through courts and BPSK as an effort to properly resolve disputes as stated in Article 4 letter e of the UUPK.
TANGGUNG JAWAB HUKUM TERHADAP PEMBERI INFORMASI PALSU YANG MENGANCAM KESELAMTAN PENERBANGAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2009 Lailatul Uzni; Amad Sudiro
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5261

Abstract

Air transportation is something that is currently very loved by almost every society, this is because air transportation has a fast, up-to-date and efficient mobilization, but transportation with this airplane mode if it is not accompanied by qualified safety rules will have a negative impact on every individual who uses it. hence from that society and government must be more wise in enforcing existing legal rules for the sake of creating security and safety in the flight itself, because flight is one of the safest transportation according to existing data, therefore in order to maintain the good name of air transportation, especially aviation, there is a need for compliance with any existing regulations that have been determined by the government, cannot be arbitrary. in flight it upholds the meaning of safety and security for every passenger and cabin crew, because it is the priority of every airline safety is the dead price for each mode of transportation. so that air transport modes, especially airlines, are getting better, then we need to work from ourselves in safeguarding every word and behavior that can endanger the safety and security of aviation.
GANTI KERUGIAN TERHADAP KORBAN KECELAKAAN LALU LINTAS BERDASARKAN UU NO.22 TAHUN 2009 (STUDI PUTUSAN PENGADILAN TINGGI YOGYAKARTA NOMOR: 10/ PDT/ PT YYK) Ghina Ramadhania Poetri; Amad Sudiro
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13646

Abstract

Traffic accidents inevitably take victims who feel harmed by certain parties. Traffic accident victims have the right to get compensation by the party responsible for the cause of the traffic accident. The driver who commits an unlawful act that causes a traffic accident that causes harm to the victim must compensate for the loss that has violated the law and caused a loss, then he is obliged to compensate for the loss. This research discusses compensation for victims of traffic accidents based on law number 22 of 2009. The problem faced is What is the legal responsibility system for traffic accident victims based on Law Number 22 of 2009. In addition, how to settle compensation for victims of traffic accidents in the Yogyakarta High Court Decision Number: 10/ Pdt/ Pt Yyk. The research method used is a normative juridical research method. The results show that in the system of legal responsibility for victims of traffic accidents based on Law number 22 of 2009 namely by providing compensation in accordance with criminal provisions in accordance with court decisions and providing sanctions against the Defendant. In this case, if the victim of a traffic accident wants to claim compensation for the losses he suffered, he can combine the case to be filed in a civil lawsuit.
ANALISIS YURIDIS TERHADAP PENEGAKAN HUKUM MODIFIKASI KENDARAAN BERMOTOR RODA DUA YANG MENGALAMI PERUBAHAN DIMENSI DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Pius Nifatere Jokhe; Amad Sudiro
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17879

Abstract

Motorcycles that were previously only used as a means of transportation, now have another function, namely as an identity function for the owner. Modified motorbikes that have changed dimensions are currently being loved by various groups from young people to the elderly, but the existence of these modified vehicles is still not in accordance with the terms and conditions provided by law to obtain and use modified motorbikes. undergoing a dimensional change. In this study, the author uses a normative research method. Based on the data that has been obtained and analyzed by the author, the lack of firmness by law enforcement officers in taking action against these violations is one of the reasons why many modified motorcycles have changed dimensions and can move freely on the highway. Also, the weak level of socialization provided adds to the lack of public awareness to know the procedures and requirements that must be met in order to be able to modify a motorcycle. The existence of a motorized vehicle that has been modified with a change in type without conducting a type test first will greatly endanger the safety and security of motorists and other road users
PENEGAKAN HAK PRIORITAS PENGIRING AMBULANS OLEH MASYARAKAT SIPIL DITINJAU DARI PASAL 134 DAN 135 UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Joelian Rezky Utomo; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The enforcement of the priority rights of ambulance attendants by civil society must be dealt withfirmly, so that it reflects justice for all parties, whether they get priority or not. This study aims to findout how law enforcement is against violators of Article 134 of Law Number 22 of 2009 concerningroad users who have primary rights and to find out how the implementation of priority driving rightsaccording to articles 134 and 135 of Law Number 22 of 2009 concerning Traf ic and Transport Road.Ambulance escorts carried out by civil society has reduced violators who are still carrying outambulance escort activities, but it is still not ef ective because of the uneven knowledge of the policeregarding the provisions of Article 135 Traf ic and Road Transportation. violators are afraid andcreate prevention of violations of the priority rights of road users, this is evidenced by the presence ofcivil society ambulance escorts that still occur on public roads. The role of the Police in providingeducation is also needed so that there are no or multiple interpretations in understanding andunderstanding the laws that regulate Priority Right to Drive on Public Roads.
URGENSI PEMBENTUKAN MAJELIS PROFESI PENERBANGAN DI TINJAU DARI PASAL 364 UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN Dimitri Ilyasa; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

In the world of aviation, aircraft accidents often occur, especially in Indonesia, which are caused byfactors such as weather, technical conditions of aircraft, airport technical conditions, humannegligence, and various other causes. Due to human negligence, it is necessary to establish anAviation Professional Council which will improve the competence of aviation personnel and upholdprofessional ethics in the Indonesian aviation world. Therefore, it is necessary to establish an AviationProfessional Council in Indonesia in accordance with Article 364 of Law Number 1 of 2009concerning Aviation (hereinafter referred to as the Aviation Law) whose function is to provideadministrative sanctions to flight personnel who are negligent or do not perform their professionaccording to procedures that cause aircraft accidents and provide legal protection for AviationPersonnel who are considered to have violated the code of ethics and or mis-procedures in carryingout their profession so that they are not subject to criminal or civil sanctions if in further investigationthere is no indication of intent.
TANGGUNG JAWAB HUKUM BADAN USAHA JALAN TOL DALAM MENCIPTAKAN KESELAMATAN BERLALU LINTAS PENGGUNA JALAN TOL (STUDI KASUS PECAH BAN TOL JAPEK KM 39+350) Jenny Alvita; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Damage is a common right found in Indonesia, not to mention found on toll roads. The comfort and safetyof toll road users is the responsibility of the Toll Road Business Entity. The tire burst incident thatoccurred on the Cikarang-Cibatu section of the Jakarta – Cikampek Toll Road KM 39+350 towardsJakarta is one of the forms of negligence of the Operation and Maintenance Sub-Sector of the Toll RoadRegulatory Agency in carrying out the function of monitoring evaluation of the implementation ofplanning and implementation of toll road maintenance construction as referred to in paragraph (1). themandate of the provisions of Article 6 of the PUPR Ministerial Regulation 43/2015. This research is anormative research legal approach and case approach, using a qualitative approach. Due to the accident,the Toll Road Business Entity hereby does not carry out toll road concessions in accordance with thefeasibility standards and the lack of public knowledge causes them to be more sincere about the accidentthat happened to them when compared to demanding compensation from the Toll Road Business Entity.Strict liability & liability based on fault is the responsibility attached to the Toll Road Business Entity.The government needs to make ef orts to increase legal knowledge so that the public knows that thedamage to toll roads is the negligence of the Toll Road Business Entity in carrying out the function ofmanaging toll roads.
KEBIJAKAN PENANGGULANGAN MASALAH OVER KAPASITAS PADA LEMBAGA KEMASYARAKATAN Immanuel Yoan; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

There is still a lot of overcapacity that occurs in social institutions in Indonesia because, there areseveral criminal cases that should be mediated, but still proceed to the court level. The author wants toraise the issue of how the current overcapacity management policy is and what is the ideal policy toovercome overcapacity in the future. The research method used is normative research. Based on theauthor's analysis of overcapacity prevention policies at this time still tend to prioritize imprisonment,even though there are other alternatives to resolve criminal cases that are classified as minor, namelyRestorative justice, the basic principle of Restorative Justice is mediation. The author concludes thatnot all criminal cases must be resolved with imprisonment, there are other alternatives that can makethe Community Institution less overcapacity, namely restorative justice. It is preferable that theresolution of this overcapacity problem should focus on the process before the entry of these "problematic people" into the correctional facility, namely at the stage of investigation in the police,prosecution at the prosecutor's of ice, up to the stage of court decisions.
PERAN PBB ATAS PELANGGARAN HAM TERHADAP SUKU UIGHUR DI PROVINSI XINJIANG, REPUBLIK RAKYAT CINA (RRC) BERDASARKAN INSTRUMEN-INSTRUMEN HAM INTERNASIONAL Wisye Anabella Alexandra Tumengkol; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Human rights violations are the abuse of power and/or state omission of individual rights,indigenous peoples' rights, refugee rights, and minority group rights. The United Nations, which isa forum that facilitates the resolution of problems in the international community for the sake ofthe continuity of world peace by the objectives of the birth of the United Nations, is expected anddemanded to be able to play an active role in upholding human rights and upholding naturalhuman rights. This research aims to analyze the human rights violations in Xinjiang by theChinese Government against the Uighurs. Some examples of human rights violations committedinclude re-education camps, detention, persecution of ethnic or religious groups, and sexualviolence. This study examines, How is the Chinese Government's compliance with internationalhuman rights instruments that have been ratified regarding cases of human rights violations by theChinese Government against the Uighurs in the Xinjiang Autonomous Region and what theresponsibility of the United Nations in resolving the problem of human rights violations in theXinjiang Autonomous Region. The research method used is normative legal research, descriptiveanalysis, data collection techniques library research, The data processing technique is the statuteapproach, and Methods Data analysis is qualitative. The theories used in this research are stateresponsibility, human rights, law enforcement, non-intervention, and self-determination.
TANGGUNG JAWAB PELAKU USAHA SEBAGAI PENGANGKUT BARANG YANG OVER DIMENSION & OVERLOAD (ODOL) BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Nicholas Rachmanata; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Over Dimension and Over Load (ODOL) carried out by business actors always steals the government's attention considering that this is not only dangerous for road users, but also causes financial losses to the state. The aspect of state losses as a result of ODOL is damage to roads, forcing more budget to be spent to repair these damaged roads. Business actors in carrying out business activities bear the burden of responsibility to be able to provide benefits in all aspects and cannot be separated from the safety aspect for other road users. The phenomenon of ODOL that is attached to society encourages the government to enforce the law on aspects of the responsibilities of business actors so that through this research a descriptive analysis of UULLAJ is carried out using normative juridical research methods supported by data from interviews with relevant stakeholders. ODOL carried out by business actors is an unlawful act, one of which is caused by economic factors (supply and profit) in the goods distribution process carried out between consumers and business actors, forcing business actors to continue to carry out ODOL even though they already know the legal consequences. The regulation of ODOL in society is still not burdensome for the perpetrators, such as the amount of fines imposed is still relatively small and far from providing a deterrent effect, thus creating a legal culture of indifference in society. The state needs to carry out more supervision and law enforcement against business actors who practice ODOL.