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All Journal JURNAL MAHKAMAH Unes Law Review JUSTISI Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama JURNAL USM LAW REVIEW Bengkoelen Justice : Jurnal Ilmu Hukum Journal of Law, Poliitic and Humanities
Gunawan Djajaputra
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Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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SANKSI HUKUM BAGI PENGURUS YANG MENGHALANGI PROSES PEMBERESAN KEKAYAAN YAYASAN YANG DIBUBARKAN BERDASARKAN PUTUSAN PENGADILAN (STUDI KASUS PEMBUBARAN YAYASAN BHAKTI SOSIAL SURAKARTA BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR 625 K/Pdt/2012) Jeanet Trifena Lewi; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2188

Abstract

This study examines the fact that a foundation as a social institution can be dissolved by the causes as regulated by the Foundation Law, as happened to Yayasan Bhakti Sosial Surakarta which was dissolved by the decision of Surakarta District Court No. 141 / Pdt G / 2010 / PN Ska which has been upheld by the decision of the High Court of Semarang No. 233 / Pdt / 2011 / PT Smg and Supreme Court ruling Number 625 K / Pdt / 2012. Problems in this research is that there has been an act of disagreement by the Board of Bhakti Social Foundation of Surakarta against the liquidator in the socialization of the Bhakti Social Foundation of Surakarta. Based on the results of research and discussion it can be concluded that basically the nature of the decision dissolving the Bhakti Social Foundation based on the Supreme Court's decision Number 625 K / Pdt / 2012 is a declarative decision (declaratoir) a verdict that does not require any execution action. Law Number 16 Year 2001 jo. Law Number 28 Year 2004 About the Foundation does not clearly regulate the confiscation of the Foundation's wealth including sanctions to the board of the Foundation that take action against the work of the liquidator.
PERTANGGUNGJAWABAN HUKUM TERHADAP NOTARIS YANG MEMBUKA KANTOR CABANG ATAS NAMA SENDIRI (PUTUSAN NOMOR : 2/PTS/Mj.PWN.DKIJakarta/xi/2017) Febry Yanti; Gunawan Djajaputra
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 | Full PDF (798.408 KB) | DOI: 10.24912/adigama.v2i1.5252

Abstract

Indonesia is a country that adheres to the legal system. The role of the notary is very important in Indonesia. Notaries act as public officials in providing legal services to the public. Notaries are public officials who have the authority to make authentic deeds. A notary position is a public or public position because a notary is appointed and dismissed by the government. Notaries are prohibited from opening more than one notary office because notaries can only open one notary office. But in reality there is a notary who opens a branch office. How the accountability and position of the notary who establishes a branch office on its own behalf is a problem discussed. The research method used is normative legal research is to find the truth of coherence, namely the rule of law in accordance with legal principles. sourced from primary data and secondary data as other supporting data which are analyzed quantitatively. The results of the study explained that the West Jakarta Regional Supervisory Board found that there was a notary office with 2 signboards in the West Jakarta area that had a notary office named Notary Netty Maria Machdar. So that Netty Maria Machdar was found guilty and the position of the notary became hanging due to the absence of a further verdict because it was only proposed to be honorably dismissed by the Regional Supervisory Board so that in this case Netty Maria Machdar was found guilty and obliged to replace the loss but because there was no further verdict. Notary Netty Maria Machdar can still use her rights as a legitimate Notary. Notary Netty Maria Machdar also violated the Indonesian Notary Association Code of Ethics.
EFEKTIVITAS PEMBERLAKUAN SURAT IZIN MENGEMUDI TERHADAP PENGEMUDI DIBAWAH UMUR KECAMATAN KALIDERES, JAKARTA BARAT Gladys Natalie Aurielle Sirait; Gunawan Djajaputra
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.v4i2.17961

Abstract

The requirements for motorcycle drivers are regulated in Law No. 22 of 2009 concerning Road Traffic and Transportation, namely in Article 80 which reads "everyone who drives a motorized vehicle on the road is required to have a driving license in accordance with the type of motorized vehicle being driven". This writing raises the issue of the effectiveness of the application of a driving license to underage drivers, especially in Kalidere District, West Jakarta. However, this has not been achieved optimally, it can be seen in the phenomenon of the practice of underage drivers who are still commonly found on Highways, especially in Kalideres District, West Jakarta. This writing uses a normativeempirical method, namely where data collection is carried out by direct observation in the field through interviews, secondary data collection is carried out first before conducting interviews. With the increasing number of motorized vehicles, the facts show that many children are actually not old enough to drive a motorized vehicle. Whereas Law No. 22 of 2009 has regulated the problem of motorized vehicle drivers. Motorcycles have become an inseparable part of the lives of Indonesian people. Until 2016 the number of motorcycles in Indonesia reached 85 million vehicles. However, the large use of motorcycles in Indonesia has not been matched by awareness of driving safety
TANGGUNG JAWAB PPAT DALAM HAL PEMBUATAN AKTA JUAL-BELI TANPA SEPENGETAHUAN AHLI WARIS Jodhantara Aulliandika; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6700

Abstract

Land Deed Makers / PPAT Officers are officials who have the authority to make authentic deeds related to legal actions such as making land sale and purchase deeds. However, in practice, PPAT is often used as a part of the Defendant because of inaccuracy or inadvertence in making the sale and purchase deeds to the detriment of the heirs of the landowner. So the problem arises how the accountability of PPAT in terms of making Deed of Sale and Purchase without the knowledge of the Heirs of the Land? The method used is a normative legal research method. Based on PPAT Cikampek analysis results in decision number 12 / PDT.G / 2017 / PN.KWG declared to have committed acts against the law in carrying out their duties violating the precautionary principle of making Deed of Sale without the presence of Seller / heir so that, PPAT is dropped Article Acts against the law but without being held accountable, it should be in accordance with the provisions of Article 1365 of the Indonesian Criminal Code, a person who commits an act against the law is obliged to provide compensation, but in this decision the judge does not decide on the PPAT to be responsible but impose the article on illegal acts against PPAT with the regions Cikampek sub-district, Karawang Regency.
PELAKSANAAN PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) MENURUT PERATURAN MENTERI AGRARIA DAN TATA RUANG/KEPALA BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA NOMOR 6 TAHUN 2018 (CONTOH KASUS: DESA LEMBANGSARI KECAMATAN RAJEG KABUPATEN TANGERANG) Wiranti Agustina Ningrum; Gunawan Djajaputra
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.v4i2.17937

Abstract

Land has a high economic value and can be the obligation of every individual to maintain and maintain its existence as an object that is considered very economical on the grounds that land has benefits for the implementation of development, not least land can cause various kinds of problems for humans so that its use must be controlled. as well as possible so that new problems do not arise in people's lives. The provisions in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia which states "Earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people". Complete Systematic Land Registration, which is abbreviated as PTSL, is a land registration activity for the first time that is carried out simultaneously for all objects of land registration throughout the territory of the Republic of Indonesia in one village/kelurahan area or another name of the same level, which includes the collection of juridical data regarding one or more Some land registration objects for registration purposes, this is regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018. The free land certificate program provided by the government is a concept from President Jokowi, with the aim of reducing land problems in the midst of society. This program has been implemented and is being carried out in stages. In the context of realizing the presence of the state in the land sector by providing legal certainty of land rights as proof of ownership rights as mandated in Article 19 of the UUPA, the government is obliged to carry out land registration throughout the territory of the Republic of Indonesia.
TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA PENGIKATAN HIBAH YANG DIBUAT ATAS DASAR PENYALAHGUNAAN KEADAAN (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 892 K/PDT/2017) Joshua Tanaya; Gunawan Djajaputra
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.v3i2.10594

Abstract

Notary as a public official is authorized to make all kinds of authentic deeds, one of them is in terms of making agreements.In making agreements, Article 1320 Civil Code provides the general conditions by which a contract is valid. It consists of 4 (four) conditions, which if one of the conditions isn’t  fulfilled it could cause certain legal consequences relating to the validity of the agreement. In Decision 892 K / Pdt / 2017 the grant binding agreement was made under misuse of circumstances, that caused a legal problem regarding the deed’s validity.In addition a notary public should take responsibility for the deeds.The result is that the grant binding agreement that was made under misuse of circumstances shall not be considered valid and is cancelled by the judges. In addition, notary’s responsibility upon his actions is that Notary may be sanctioned by civil sanctions in form of compensation, criminal sanctions in form of imprisonment and administrative sanctions.
AKIBAT HUKUM PERJANJIAN PELEPASAN HAK DI BAWAH TANGAN SEBAGAI UPAYA MEMPEROLEH TANAH OBYEK SENGKETA DALAM PUTUSAN PENGADILAN NEGERI JAKARTA TIMUR NOMOR 133/PDT.G/2018/PN.JKT.TIM Jimmy Gunawan; Gunawan Djajaputra
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.v3i2.10557

Abstract

Land disputes are disputes over ownership or control between individuals, legal entities or institutions that do not have broad socio-political impacts. Buying and selling land must be done in a clear and cash. The problem faced in writing this thesis is how the legal consequences of the relinquishment of rights privately made as an effort to acquire land objects of dispute in the East Jakarta District Court Decision Number 133/Pdt.G/2018/PN.Jkt.Tim. The research method used in writing this thesis is normative legal research. The results of the study show that land rights have been transferred from the Seller to the Buyer, because Indonesia's national agrarian law adheres to customary law, in which the nature of buying and selling is clear and cash. On the other hand, the legal consequence is that it does not cause the disputed land to be acquired or owned by a third party named Jenny Tsin. Acquisition of land with a relinquishment of rights, relinquishment of rights must be carried out first through the land agency and then must be followed by a new application for rights in accordance with the allocation. Where there are rulesor procedures that must be followed, namely the relinquishment of rights must be carried out through a land institution, and there is a new application for rights, and then the land can be acquired / owned by the person who needs the land.
PEMBATALAN PERJANJIAN BANGUN GUNA SERAH (BUILD OPERATE TRANSFER/BOT) ANTARA PEMERINTAH DAERAH KOTA BOGOR DENGAN PIHAK SWASTA (PT PANCAKARYA GRAHATAMA INDONESIA) DITINJAU DARI SUDUT KITAB UNDANG-UNDANG HUKUM PERDATA Lorenzo Marco; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.605 KB) | DOI: 10.24912/adigama.v1i1.2235

Abstract

The BOT (Build Operate Transfer) Agreement between Bogor Municipal Government and PT Pancakarya Grahatama Indonesia is an agreement to optimize Baranangsiang terminal assets as stated in the agreement Number: 601 / Perj.418-BPKAD / 2012 / Number: 005 / PGI / DIR / VI / 2012 . Until now, the agreement of both parties has not been able to be considered because of the change of authority of the terminal which formerly the authority of the City Government of Bogor to switch to the Central Government, resulting problems Whether the Government / Mayor Bogor can cancel the unilateral agreement BOT in the construction of Terminal Baranangsiang viewed from the point Civil Code? The research method used is normative legal research method supported by interview and field data. Based on the analysis that the BOT agreement between Bogor City Government and PT Pancakarya Grahatama is a valid and binding agreement between both parties and can not be canceled unilaterally by Bogor City Government, although there are new regulations that change the authority of terminal A Baranangsiang become the authority of Central Government . The Agreement may be canceled if it violates Article 1320 of the Criminal Code or violates the subjective and objective terms of the validity of the agreement. When the agreement is mutually agreed upon by both parties, the agreement must continue and act as a binding law as regulated in Article 1338 of the Criminal Code. Bogor City Government should immediately provide certainty to the PT Pancakarya Grahatama Indonesia for Baranangsiang terminal revitalization project can be immediately realized and need a revision (adedendum) agreement between the Government of Bogor City with PT Pancakarya Grahatama Indonesia related to changes in authority of terminal A Baranangsiang between PT. PGI with the Central Government.
ANALISIS PERTIMBANGAN HAKIM TERHADAP KOMPETENSI RELATIF ATAS GUGATAN SEDERHANA (Studi Putusan Nomor 3/PDT.G.S/2021/PN. Rkb) Elisa Setyowati Edison; Gunawan Djajaputra
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.v4i2.18008

Abstract

An agreement is a legal relationship in the field of civil law that regulates the legal relationship between individuals in society. In the settlement of the dispute non fulfilment in court, the plaintiff can file a small claim court if the material lawsuit is at most around Rp. 500,000,000 (five hundred million rupiah) and if more than that then it can be filed a lawsuit for ordinary civil cases. Competence or authority in legal entities consists of two competencies, namely absolute competence which is an authority to the scope of the judicial environment division system, including General Justice, Religious Justice, Military Justice, and State Administrative Court. Relative Competence is the authority related to the District Court in the jurisdiction of the parties. Absolute Competence regarding a judicial body is limited by Relative Competence based on the jurisdiction of the parties to the dispute. The enforcement of the benchmark actor sequitur forum rei aims to protect the defendant and if the lawsuit is filed by other jurisdictions it is considered a legal rape against the interests of the defendant in defending himself. What is meant in the defendant's residence includes his residence, the place of certain address, or the actual place of residence which means where the defendant actually lives. The power of the judge in adjudicating and deciding cases is by independent and free power which means if a judge has been given a power over a particular case then the right to the case is the panel of judges who can decide and try the case with deliberation that is only carried out by the panel of judges in the case without any interference by outside parties.
KEABSAHAN PERJANJIANiJUALiBELIsDENGANiHAKiMEMBELI KEMBALIiATAS TANAH DAN BANGUNAN (STUDIsKASUS: PUTUSAN NOMOR 672/PEN/PDT/2017/PT.DKI JO. 359/PDT.G/2016/PN.JKT.UTR.) Fernando Fernando; Gunawan Djajaputra
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.v2i1.5253

Abstract

The agreement is something that often happens in the community. In the making of agreement, ittis necessaryytoyknowythatythereyare conditions for the agreement to be valid, theelegaletermseofetheeagreement are stipulated in articlee1320eof IndonesiansCivillCode, spesifically agreeing, capable, certain matters and legal causes. in thersale sanddpurchase agreementewithetheerighttto repurchase land, it gives the seller a power to repurchase the land that he sold, but this is not known in the Basic Agrarian Law No. 5/1960, where in the Agrarian Law is based on customary law which adheres to a system of Clear, Cash and Real. So that in this case it gives legal uncertainty, but because the Book III of Indonesia Civil Code adheres to an open system where it can be ascertained from the principle of freedom of contract then theesaleeandepurchaseeagreementewithethe right toerepurchases valid, but the purchase and repurchase rights will become null and void if viewed from the side of the Basic Agrarian Law, so that the sale and purchase agreement with the right to repurchase in Indonesian Civil Code with the Basic Agrarian Law must be clearly separated. So if there is a dispute in it, accordance with jurisprudences regarding the sale and purchase agreement with the right to repurchase, where the purchase agreement with the right to repurchase land is absolutely null and void and becomes a debt agreement with land guarantee.
Co-Authors Adi Tri Atmaja Aditya Luthfi Denia Ahzaza Fahrani Aisyah Nikita Albeth Albeth Andrew Giovanni Tanjaya Ani Anggreni Aurora Vania Crisdi Gonadi Bella Patnessia Catherine Carisa Khovin Chelvia Priscilla Christhalia Noveldy Tanjaya Christopher Kendrick Adam Cindy Situmeang Clara Brigitta Clara Vania David Oberlin Nugraha Saragih Dhiwatsani Yudhistira Dian Ayu Rizkika Edric Victori Elisa Setyowati Edison Febry Yanti Fernando Fernando Fransisca Kusuma Aryani Gabriel Nugeraha Silalahi Gladys Natalie Aurielle Sirait Glorya Kalicya Hafidz Indra Pratama Henna Kurniasih Hertanto, Sandrarina Ivana Ivana Janice Vianney Jeanet Trifena Lewi Jennyola Savira Jeremi Korayan Jimmy Gunawan Jodhantara Aulliandika Joshua Tanaya Kea Ezzati Ascarya Kusumonegoro Kevin Hernando Pratama Lavetta Ferels Lili Julianti Lorenzo Marco Marcelino Valentin Marisyah Taher Michael . Muhamad Ibnu Afif Muhammad Ruen Wijokangko Wijokangko Nadia Tasha Juniar Napoleon Tampubolon Natasya Elvara Yusuf Nickyta Firmaniar Omega Kharisma Yeremiarim Rafi Erdian Wibowo Rayhan Fahriza Yose Reza Kurniawan Cahya Putra Richie Fernando Rio Utomo Hably Riyan Saputra Shafaa Alaadini Yuan Siaw Swhien Stevanny Stevanny, Stevanny Sylvie Liunadi Tifanni Tifanni Vanessa Vanessa Vincensia Vincensia William Hendarsin William Jason Wiranti Agustina Ningrum Yoga Wiratama Yuriz Wibowo Zahra Maulida Aulia