Article Per Year (5 Year)
p-Index From 2020 - 2025
3.804
P-Index
This Author published in this journals
All Journal Masalah-Masalah Hukum Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama
Tundjung Herning Sitabuana
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 31 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 31 Documents
Search

 1   2   3   4 
IMUNITAS TERHADAP PEJABAT PEMERINTAH INDONESIA DAN AMERIKA KETIKA PANDEMI COVID-19, SERTA IMPLIKASINYA TERHADAP PENERAPAN DAN PENEGAKAN ASAS UMUM PEMERINTAHAN YANG BAIK Richard Jatimulya Alam Wibowo; 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.v4i2.17470

Abstract

The COVID-19 pandemic on a global scale requires governments of countries to find solutions to address the economic, social, and public health impacts. This study uses a statutory and comparative approach, by tracing primary, secondary, and jurisprudential sources of law. In administering the government during the COVID-19 pandemic, government officials get legal protection, so they are not haunted by fear of legal entanglement in making decisions as long as they are based on good faith. Furthermore, the government in this case is guided by the General Principles of Good Governance in forming decisions that become the legal basis for dealing with problems during the COVID-19 pandemic. Whereas then, the existence of the right to immunity during the pandemic, as well as the enforcement, and the doctrine of the General Principles of Good Governance in Indonesia and the United States have constitutional contrasts. Therefore, this study then found similarities and differences in the practice and substance of granting immunity and the doctrine of the General Principles of Good Governance in Indonesia and the United States of America, according to the different law system, social, and culture
KEABSAHAN PENYANDERAAN (GIJZELING) WAJIB PAJAK BERITIKAD BAIK (CONTOH KASUS: PUTUSAN PENGADILAN PAJAK NOMOR: 72329/PP/M.XVIIIA/99/2016) arnetta anggrainie santoso; Tundjung Herning Sitabuana
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.11076

Abstract

Taxes are mandatory contributions that must be paid by every citizen to the State.  In the implementation of tax collection, tax is coercive and can be enforced, this is because the role of taxes as a source of state revenue, especially Indonesia, which is 75% of the source of income comes from the tax sector, thus the contribution of society as a tax bearer in terms of obeying tax payments is expected because  with this contribution it can help or equal to providing support to the State to achieve the country's goals, namely one of which is to carry out national development and this development is carried out evenly throughout the territory of the country.  How is the legality of the hostage-taking (gijzeling) of good faith taxpayers not contradicting Article 33 paragraph (1) of Law Number 19 Year 1997 concerning Tax Collection by Force Letter as amended by Law Number 19 Year 2000 concerning Amendments to Law Number  19 of 1997 concerning Tax Collection with a Warrant ?.  This type of research uses the Normative Law research method, the research specification used is descriptive analytical, the type of data used in this study is secondary data, the data collection techniques used by the author are document studies or literature to collect secondary data. In this study, the authors  used qualitative data analysis technique
TANGGUNGJAWAB PERUSAHAAN PENYEDIA LAYANAN APLIKASI GO-JEK TERKAIT PESANAN (ORDERAN) FIKTIF PENGGUNA LAYANAN APLIKASI GO-JEK TERHADAP DRIVER Hylda Myrandha Syabai’ni; Tundjung Herning Sitabuana
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.11243

Abstract

Go-Jek is a company in Indonesia that is engaged in online transportation. Go-Jek is a social technology company that aims to improve the welfare of workers in various informal sectors in Indonesia. The journey of the Go-Jek Application Service Provider Company in fact often causes problems, along with the increasing number of Application Users (orderers / consumers) where Go-Jek service features in the form of Go-Food which cause losses to Go-Jek drivers due to fictitious orders made by Application User (food order). What is the responsibility of the Go-Jek Application Service Provider Company in the event of a fictitious order (order) from the Application User (ordering / consumer) for the driver? This research uses normative legal research methods. This form of accountability is in the form of providing compensation to partners. PT. Karya Anak Bangsa application and PT. The Global Semestaakan Package provides compensation for costs incurred by partners in accordance with the purchase note or receipt if it is proven that in the implementation of services to partner consumers, there is no mistake. This is a form of repressive legal responsibility given to Go-Jek drivers who experience losses due to fictitious orders made by consumers.
NEGOSIASI KONTRAK KARENA FORCE MAJEURE AKIBAT PANDEMI COVID-19 DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA Carissa Dianputri; 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.v3i2.10623

Abstract

An agreement is an event in which a party tends to carry out another party on what was agreed upon (performance). In the agreement there is a possibility that the debtor will not be able to carry out his performance. (non-performance of contract). In terms of performing (non-performance of contract), the debtor is obliged to reimburse costs, losses and interest as regulated in Article 1245 of the Code Civil. However, if the debtor's can prove the default is caused by force majeure, the debtor is not obliged to pay any fees. It is not known that the covid-19 pandemic throughout the world Indonesian companies are experiencing financial difficulties so that it is difficult to meet their achievements. In connection with this case, the authors conducted research to find out whether this pandemic was categorized as force majeure, and whether the Covid-19 Pandemic could contract negotiations by parties who were unable to meet their achievements. This type of research is normative legal research, which is descriptive (analysis). Secondary data collected through literature study and interviews. This research is using an analytical qualitative method. The results showed that: 1) The covid-19 pandemic can be categorized as a relative force majeure, it means that the covid-19 pandemic has ended, the debtor is obliged to pay any fees and; 2) with the pandemic 19, contract negotiations can be carried out by parties who are unable to meet their achievements in order to obtain an agreement to suspend debt payments from the other party.
SEBUAH STUDI MENGENAI IMPLEMENTASI PERJANJIAN KERJA YANG MENYIMPANG DARI PERUNDANG-UNDANGAN DIKAITKAN DENGAN MORALITAS Tundjung Herning Sitabuana; Mikael Brian
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11148

Abstract

The use of fixed-time employment agreements is commonplace in Indonesia. However, some companies use term employment agreements to make a profit. Many companies do not realize that taking profits by monopolizing workers on fixed-time employment agreements is a violation of the rights of workers who work in the company. The extension of the fixed-time work agreement must be in accordance with the applicable laws and regulations, particularly Law Number 13 of 2003 concerning Manpower. However, as mentioned by the author, many companies applying for work contract extensions still deviate from the law. The author uses the juridical normative research method, namely in the activities of describing legal norms, formulating legal norms, and implementing legal norms, they provide research on understanding the normative problems faced by normative law. Therefore, in this article, the author will analyze the implementations of the work agreement that deviates from the legal provisions and conduct a more in-depth study, if this happens, the company and workers will get the legal consequences. In this journal, the author tries to elaborate the relationship between the invalid fixed-term employee agreement and morality.
PERLINDUNGAN HUKUM TERHADAP PEJUANG LINGKUNGAN HIDUP YANG DIJAMIN DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Tundjung Herning Sitabuana; Harry Setiawan
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11153

Abstract

Environment is definitely one of the most important things that we as human beings need because we are actually just a small part of it. Criminalization of environmental activists is pretty common in Indonesia which is a serious problem for the state to protect human rights. The protection of environmental activists has been regulated in the environmental law, but that doesn’t really protect the activists from the courtroom. Undang-Undang No. 32 Tahun 2009 or Law Number 32 Year 2009 is the law that regulates the environment and it also regulates the protection of the environmental activists as written in the Article 66, but that doesn’t stop the fact that many activists had to deal with the authorities just because they tried to protect one of their human rights which is the healthy environment. This is such a problem that the government and the lawmakers have to fix. The Anti SLAPP idea is one of the keys to protect environmental activists from being criminalized. This research is using normative approach.
PERMASALAHAN KEADILAN DAN KEPASTIAN PERKEMBANGAN HUKUM KETENAGAKERJAAN DI INDONESIA TERHADAP KESEJAHTERAAN HIDUP TENAGA KERJA DAN KEBERLANJUTAN PERUSAHAAN Tundjung Herning Sitabuana; Rio Kurniawan
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11154

Abstract

The conflict between the Corporation and the Workforce is a global phenomenon from time to time that has an impact on changing social conditions. However, the development of law faces obstacles in responding to habits that have been passed down from generation to generation in society. The function of this research is to seek answers in terms of legal certainty and justice regarding the development of legal relations with people's habits in work ethics in the era of modernization and constitutional interpretation of the modernization era that supports sustainable economic development and is in accordance with the identity of the Indonesian nation. This study uses a quantitative juridical analysis method, which is in the form of in-depth research on legal materials and data as usual as normative law. Furthermore, the results of the analysis will be linked to the problems in this study to produce an objective assessment to answer the problems in the study. The results of the study show the steps that must be taken by the Government in a strategic role to make reforms quickly and precisely so that statutory norms can be consistent with the development of society, especially due to developments in work and business ethics. Then, the most ideal and relevant constitutional interpretations for the ratification of the Work Creation 2020 Omnibus Law, namely: Consensualism (current developments), Prudential (costs incurred and the benefits generated), and Futuristic (future conditions) with an emphasis on legal certainty and justice for employers and workers and on the significant socio-economic impacts on general welfare.
KEBEBASAN AKADEMIK DAN OTONOMI KEILMUAN DALAM SISTEM PEMERINTAHAN DEMOKRASI PANCASILA (Studi Kasus Webinar Constitutional Law Society Fakultas Hukum Universitas Gadjah Mada Yogyakarta) Delpedro Marhaen Rismansyah; Tundjung Herning Sitabuana
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Academic freedom and scientific autonomy are rights held by students and professors, butacademic freedom and scientific autonomy often experience problems such as those in thewebinar Case Study, "Academic Freedom and Scientific Autonomy in the PancasilaDemocratic Government System (the Constitutional Law Sociétional webinar Case Study."TheFaculty of Law of Gadjah Mada University Yogyakarta)". Is the webinar on "The Problem ofPresidential Dismissal in the midst of Pandemic Review of the State System" at Gadjah MadaUniversity Yogyakarta justified to be held in Indonesia that practices the Pancasilademocratic government system? Research results showed that the "Problem of PresidentialDismissal in the midst of Pandemic Review of the State System" at Gadjah Mada UniversityYogyakarta was legally justified to be held in Indonesia which practiced Pancasila'sdemocratic government system, as it did not conflict with Article 28 of 1945 and regulations.legislation on academic freedom and scientific autonomy. The actions of some unknownindividuals who terrorized the webinar organizers were against the law, contrary toPancasila's democracy and violated human rights to free speech, opinion, and gatherings andto violate the academic freedom and autonomy of science stipulated in the 1945 Constitutionand the laws of law.
TINJAUAN HUKUM BAGI PEKERJA YANG MENGALAMI SEXUAL HARASSMENT DI TEMPAT KERJA Yoliandri Nur Sharky; Tundjung Herning Sitabuana
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Sexual harassment often occurs anywhere and to anyone, not bound by a person's place, time or evengender. In the workplace itself, sexual harassment often occurs, especially in women. Although it doesnot rule out the possibility that this can happen to men. Whereas in working to establish harmoniousindustrial relations is quite important, establishing harmonious industrial relations is needed for acomfortable and safe workspace for all workers. Protection against sexual harassment is actuallyregulated in government policy, as well as sanctions for those who do so. In addition to sexualharassment itself, comfort and security at work also have policies that regulate it. However, cases ofsexual abuse are not over and endless, because actually sexual harassment itself requires awarenessand concern from various parties to realize that it is something that should not be accustomed andallowed to happen continuously. Sexual harassment also requires special countermeasures andregulations as soon as possible. Because cases of sexual harassment especially in the workplace arealready at the stage of urgency.
PAYUNG HUKUM TERHADAPASAS KEADILAN UPAH TENAGA KERJA GURU HONORER Claudia Yosal; Tundjung Herning Sitabuana
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In paying a wage to a worker, it is common for a company to take note of some of the factors af ectingthe payroll system. Some include qualifications, work locations, the size of the company, industry, andthe entire package of compensation. But what if the pay system does not meet a good gift system that matches the qualifications and labor of an employee, meets the standard of labor, and has a justquality. But the reality is that many employees who get no justice in the wages are not even delayed. Aterrible number of cases of honorer labor, one of whom often fell short of his rights in a fair way. It istherefore evident that such an unfavorable system of wages can have significant economic and socialadverse ef ects. And therefore a new mercenary system established by government regulation (pp) of 36years 2021 on employment according to labor # 13 in 2003 on employment and of working minimumwage change (ump) would not necessarily be able to realize a viable delivery system. So it is importantto formulate solutions and governments should also be able to guarantee regulatory certainty betweencentral and local rules, law enforcement, and economic openness in order to support disruptiveeconomic recovery. In order to provide legal protection from worthy assassins. This study has been thecrucial factor in the change or design of a legal system to replace a viable pay system for an honoraryteacher. Existing regulations are believed to enable the government to respond quickly and address theproblem and its high expectations to avoid minimizing a legal system and its regulations so that theexisting strategies can be implemented to provide legal protection and achieve clear goals.
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