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All Journal Masalah-Masalah Hukum Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama
Tundjung Herning Sitabuana
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Law, Crime, Criminology & Criminal Justice

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TANGGUNG JAWAB PELAKU USAHA BERKAITAN DENGAN PENJUALAN BAHAN MAKANAN KADALUWARSA DAN TIDAK MEMENUHI STANDAR YANG DITENTUKAN (STUDI PUTUSAN PENGADILAN NEGERI JEMBER NOMOR 258/PID.SUS/2018/PN.JMR.) Darren Marvel; Tundjung Herning Sitabuana
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.v3i2.10625

Abstract

Currently there are still many packaged food products circulating on the market that do not meet the specified standards, namely not including expiration date, composition, net weight and name and address of producers, so this is endangering consumers. The problem faced in scientific writing is how the responsibilities of business actors with regard to the sale of expired foodstuffs and do not meet the specified standards (Study of the Jember District Court Decision Number 258 /Pid.Sus/2018/PN.Jmr.) The research method used in scientific writing is normative legal research. The results of the research show that the responsibility of the business actor in relation to the sale of expired foodstuffs does not meet the specified standards (Jember District Court Decision Study Number 258/Pid.Sus/2018/PN.Jmr.) Is that the business actor is responsible for his mistakes as regulated Article 8 paragraph (1) UUPK and Article 19 paragraph (1) UUPK state that: "Business actors are responsible for providing compensation for damage, pollution and / or loss to consumers due to consuming goods and / or services produced or traded. " The principle of responsibility adopted by Indonesia based on the UUPK is the principle of presumption of liability, with a reverse proof system. According to this principle, business actors are considered guilty and must provide compensation to consumers, until they can prove that they are innocent.
OPTIMALISASI PERAN MAHKAMAH KONSTITUSI DALAM UPAYA MENERAPKAN CONSTITUTIONAL QUESTION DI INDONESIA GUNA MEMENUHI HAK ASASI BAGI WARGA NEGARA Caroline Tresnoputri; Tundjung Herning Sitabuana
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.v4i2.17146

Abstract

Every Indonesian citizen has the right to protection and legal certainty. One way that can be used is by submitting a constitutional question that can be done by a judge when examining a statutory regulation that is felt and believed to be inadequate and contrary to the Constitution of the Republic of Indonesia. In practice, the state has given and carried out constitutional questions, but legally, these rights do not accommodate them. In fact, one way that can be used to fulfill the constitutional rights of its citizens can be done with an institutional question. Therefore, this study will discuss the urgency of implementing constitutional questions in government. This research uses a normative juridical research method with a statutory approach. That the results of the research are that the constitutional rights of citizens are indispensable in order to provide and fulfill the rights of citizens in the judicial process. Thus, in this case, the Government is obliged to fulfill these rights by including constitutional questions in the laws and regulations.
UPAYA HUKUM DALAM MEMINIMALISIR ILLEGAL FISHING TERKAIT KAWASAN ZEE (ZONA EKONOMI EKSKLUSIF) INDONESIA Humaira Afdini; Tundjung Herning Sitabuana
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.v4i2.17151

Abstract

Indonesia is a maritime country and has many marine resources in it. The wealth of marine resources owned by Indonesian waters is also related to the ZEEI area, which invites rampant cases of illegal fishing. There are many impacts of this rampant illegal fishing. Illegal fishing has an impact on the fisheries sector and the Indonesian economy. as well as the destruction of marine resource ecosystems and other marine biota. The scarcity of marine life in the ZEEI area is the origin of the abundant number of cases in the ZEEI area. Therefore, strong legal efforts are needed to overcome illegal fishing and government efforts to prevent illegal fishing. legal efforts taken by the government are to ratify laws regarding regulations in the EEZ area. Moreover, such as making regulations for the minister of marine and fisheries and in preventing illegal fishing the government makes efforts by increasing the task force in the ZEEI area. and besides by using advanced technology to detect the activities of other ships and so on. Based on this paper, it is necessary to increase the government's endeavor in bridling the problem of illegal fishing and a firm attitude is needed from law enforcers in the territorial waters to confer an obviation repercussion to the evil-doers of illegal fishing
KEKUATAN NILAI “PANCASILA” SEBAGAI IDEOLOGI NEGARA UNTUK KEBERLANGSUNGAN HIDUP BANGSA Anggian Cassilas; Tundjung Herning Sitabuana
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.v4i2.17158

Abstract

The formulation of Pancasila is stated in the Preamble to the 1945 Constitution. Pancasila has officially become the basis of the state, the ideology of the state, and has become a source of law in legislation since August 18, 1945. As a state ideology, the values of the Pancasila precepts must be instilled in the nation from an early age. This is important to preserve culture and maintain the integrity of the Republic of Indonesia from threats to state ideology. Education about Pancasila is one example and a way to instill a person who is moral and broad-minded in the life of the nation and the state. With the erosion of Pancasila values in people's lives, it triggers the threat of losing the nation's character and other forms of threats such as threats from within the country and from abroad which of course can harm the community in the nation and state. Threats can be in the form of physical or non-physical threats that can occur at any time and can attack anyone. Therefore, it is important for the Indonesian people to explore the nation's ideology, namely Pancasila and make it a way of life in the nation to be able to advance the general welfare as one of the sounds of the state's goals stated in the fourth paragraph of the Preamble to the 1945 Constitution.
ANALISIS KASUS PENCURIAN YANG DILAKUKAN OLEH ANAK BERDASARKAN ASAS RESTORATIF Riska Andini Hasnabila; Tundjung Herning Sitabuana
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.v4i2.17475

Abstract

This is an analysis of Court Conclusion Number 9/PID. SUS-ANAK/2016/PT.BDG, which examines whether the appellate court judge's ruling, which is based on the restorative justice concept, is appropriate. The research uses an analytical descriptive method with a normative juridical strategy to explain and investigate the elements that judges consider while making judgments. Because the judge evaluates the case based on restorative justice ideals, the appeal court judge's decision confirming the decision of the first-level court judges is the proper choice. The judge examines not only the attempt to have a deterrent impact, but also the best interests of children who are in trouble with the law, as well as the best interests of children who are not in dispute with the law.such as ensuring that children's educational rights are met and that they are not exposed to harmful influences that may lead to a return of crime. Education, health care, and advocacy for all children, regardless of origin, race, gender, disability, or ability, should be considered in the problem of children in confrontation with the law. The children are unable to acquire a decent education due to the prison's incapacity to provide proper education to its inmate
PENEGAKAN HUKUM ADMINISTRASI TERHADAP LIMBAH INDUSTRI FARMASI BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 (CONTOH KASUS: PENCEMARAN LIMBAH PARASETAMOL DI PERAIRAN JAKARTA) Meidiana Novriyanti; Keyzia Betarli Lengkong; Christopher David Nagaria; Tundjung Herning Sitabuana
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.v4i2.17147

Abstract

Waste from the pharmaceutical industry is hazardous waste because it is not only dangerous but also poisonous. If it is not processed and managed properly, it will seriously endanger the environment of the living things around it. Therefore, strict enforcement of the law is required to administer environmental permits for these business activities. Enforcement that violations of environmental management standards can be adjudicated by virtue of Law No. 32 of 2009. The sanction includes administrative, criminal and civil sanctions. Administrative sanctions that the government can impose are government injunctions, revocation of environmental permits to do business, and suspension of those permits. Enforcing regulations in the environmental sector is one of the tasks that PPLH has to carry out, so that companies that have failed to comply with regulations on environmental management, in particular regulations on liquid waste management, are subject to sanction in accordance with applicable regulations. Based on the description above, this study will discuss the enforcement of administrative law against pharmaceutical waste, namely paracetamol in Angke Bay and Ancol Beach waters which are currently being discussed. This research is structured normatively based on secondary data and obtained to be analyzed by qualitative methods and described descriptively.
PENYEDIAAN FASILITAS DAN KEBIJAKAN GUNA PENERAPAN CONJUGAL VISIT SEBAGAI SOLUSI DARI MASALAH PENYIMPANGAN SEKSUAL NARAPIDANA PADA LEMBAGA PEMASYARAKATAN DI INDONESIA Firyal Arribah Syafiqoh; Tundjung Herning Sitabuana
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.v4i2.17154

Abstract

Conjugal visits or visits of legal partners is a visit related to the biological needs of convicts who are married as one of the fulfillment of the needs for the prisoners. Biological needs or sex needs are one of the basic needs for humans listed in the rules of human rights both nationally and internationally. In this case prisons in Indonesia have not been able to fully implement the regulations regarding conjugal visits clearly or there is no policy regarding the implementation of regulations and the provision of conjugal visit room facilitation which can later be applied to all correctional institutions in Indonesia, so that it has an impact on the fulfillment of the rights of inmates as complete human beings, especially biological needs. Prisoners behind bars struggle to maintain their physical and mental health to defend the rights that they should get by nature as human beings. This study uses a normative juridical approach. The research is focused on examining the application of the rules or norms in positive law, this research method is carried out with data collection techniques carried out by literature studies.
ANALISIS YURIDIS PELAKSANAAN PUTUSAN SENGKETA TUMPANG TINDIH TANAH SENDANGMULYO KOTA SEMARANG Muhammad Romy; Tundjung Herning Sitabuana
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.v4i2.17571

Abstract

The need for land is an important aspect of people's lives in defending their land in order to create an orderly, safe and peaceful life. The state regulates the interests of land for the community in accordance with the law in order to achieve the welfare of the people based on the law. In the process there can be conflicts of interest, disputes, disputes that need to be handled wisely until they need to be resolved through court decisions. In fact, this is not implemented properly which has an impact on the parties concerned. The purposes of this study are (1) to determine the form of execution of court decisions in land overlapping disputes, Sendangmulyo Village, Semarang City (2) to determine the legal consequences that arise for the parties from the act of denying court decisions in the execution of these decisions. This study uses a qualitative descriptive research method with an empirical juridical approach. The results of the study show that (1) the form of execution of decisions in land overlapping disputes in Sendangmulyo Village, Semarang City because the Semarang City Land Office does not follow up in the form of revocation of the disputed object that is required as stated in the verdict (2) The legal consequences of the act of denying the court's decision In the execution of the decision, the Semarang City Land Office may be subject to administrative sanctions for abusing their authority and taking actions that are contrary to the court's decision.
EFEKTIVITAS PERAN LEMBAGA NEGARA INDEPENDEN DALAM PEMBANGUNAN GOOD GOVERNANCE DI INDONESIA Yudith Ridzkia; Tundjung Herning Sitabuana
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.v4i2.13567

Abstract

The existence of state auxiliary organs also known as independent state institutions is a state institution within the Indonesian constitutional structure that is capable of creating a good governance in Indonesia. Independent state institutions were formed to carry out various aspirated changes where their existence is mentioned in the 1945 Constitution, specifically the Judicial Commission, the General Election Commission, Komnas HAM, the Public Information Commission, the National LawCommission, and the Corruption Eradication Commission (KPK). This research is intended to solve the problems about the effectiveness of the existence of independent state institutions or state auxiliary agencies for the development of good governance concept in Indonesia. This research was made through a normative manner, whereas it was derived from primary and secondary legal materials obtained from a statutory approach and an analytical approach which would then be concluded through deductive thinking. The results showed that the existence of these institutions is a few implications of the reform era which illustrates that the winds of change are bringing this nation towards real change. Since the birth of various kinds of independent state institutions, there are indications that these institutions haven’t functioned effectively and efficiently in dealing with various problems within the state. This is due to the high public suspicion of the existing state institutions because they’re considered not functioning optimally, especially in supporting the reform agenda.
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA Sally Dian Nastity; Tundjung Herning Sitabuana
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.v4i2.17155

Abstract

The study's goal is to look at legal protection for children from a human rights standpoint. According to the findings, bullying in the form of physical, psychological, and sexual violence continues to be the most common kind of violation of children's rights. This research adopts the literature research method to collect relevant legal materials Children's legal protection is a barometer of a country's civilization. Human rights breaches include ignoring children's rights. Child protection refers to any efforts intended to ensure and protect children's rights so that they can live, grow, develop, and contribute to their full potential in a manner that is consistent with human dignity.In terms of human rights, how can the law be enforced against children? The goal of law enforcement is to provide victims with legal certainty and to prevent harm against minors. There are laws in Indonesia that control child protection. There are laws in Indonesia that control child protection, such as Law 35 of 2014 on Amendments to Law 23 of 2002 Concerning Child Protection., such as Law 35 of 2014 on Amendments to Law 23 of 2002 Concerning Child Protection. Legal arrangements on children's rights, such as the Convention on the Rights of the Child and Law Number 35 of 2014, should be even more assertive in terms of implementation and sanctions if a government collapses in enforcing them so that the current irregularity in the enforcement of legal arrangements on children's rights in various fields can gradually be stabilized.
Co-Authors Anak Agung Gede Sugianthara Anggian Cassilas arnetta anggrainie santoso Carissa Dianputri Caroline Tresnoputri Christopher David Nagaria Claudia Yosal Cyntia Estevania Darren Marvel Delpedro Marhaen Rismansyah evita liuswanto Firyal Arribah Syafiqoh Humaira Afdini Hylda Myrandha Syabai’ni Joshua Evan Dwitya Pabisa Keyzia Betarli Lengkong Leona Citra Maranatha Meidiana Novriyanti Mikael Brian Muhammad Ramdhan Hananto Muhammad Romy Muhammad Rullie Febian R Ovaldo Noor Hakim Richard Jatimulya Alam Wibowo Rio Kurniawan Riska Andini Hasnabila Rosalinda Rosalinda Sally Dian Nastity Sindi Fitria Verdy Verdianto Yoliandri Nur Sharky Yudith Ridzkia