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R Rahaditya
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Law, Crime, Criminology & Criminal Justice

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ANALISIS KEPASTIAN HUKUM PENERAPAN DIVERSI DALAM PUTUSAN PENGADILAN NEGERI BANJARNEGARA NOMOR 4/PID.SUS-ANAK/2019/PN.BNR Mischaela Ivane Maureen Marbun; R Rahaditya
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.v4i1.10843

Abstract

Children are the next generation of the nation's struggle ideals. The position of the Child as a young generation needs to have the opportunity to grow and develop reasonably both spiritually, physically, and socially. The purpose of child legal protection is to ensure the fulfillment of children's rights, to live, grow, develop and participate optimally, and get protection from violence and discrimination, in one of them is a diversion. The diversion itself according to Law No. 11 of 2012 on The Child Criminal Justice System Article 1 paragraph (7) is the transfer of the settlement of the Child's case from the criminal justice process to the process outside the criminal justice. The issues raised concerning the legal certainty of the application of diversion in the decision of the Court No. 4/Pid.sus-anak/2019/PN.Bnr stipulated in Law No. 11 of 2012. The purpose of this research is to provide an overview related to the implementation and application of diversion in criminal acts committed by children in case studies of court decisions No. 4 / Pid.sus-anak / 2019 / PN.Bnr. The research methods used are normative, descriptive research specifications. The secondary Legal materials obtained are analyzed in perspective with a legal and case approach. The results of the analysis obtained in the form of an overview of legal certainty diversion in the case of the child, which still must protect the rights of the child, because every decision taken affects the future of the child.
DISPARITAS PUTUSAN HAKIM DALAM PERKARA KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN HILANGNYA NYAWA ORANG LAIN (STUDI PUTUSAN NOMOR: 424/PID.SUS/2018/PN.AMB DAN PUTUSAN NOMOR: 494/PID.SUS/2018/PN.AMB) Adithia warman; R Rahaditya
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.v3i2.10587

Abstract

Disparity of sentencing in law enforcement be perceived often occurs, as an example existence disparity of sentencing on criminal act in the traffic field and road transport between Court Decision Number: 424/Pid.Sus/2018/PN Amb and Court Decision Number: 494/Pid.Sus/2018/PN Amb. The issue of disparity of sentencing appears because regulation of criminal law in Indonesia is still not optimal. Other than that, factors that come from the judges themselves can trigger the emergence of this disparity of sentencing. Referring to the problem, the writer conducted research by using normative methods and also supported interview data from some interviewees. The research result shows that the law in effect in Indonesia at this time still needs some renewal in order to minimize disparity of sentencing, as an example be required to regulate the purpose of sentencing, the guidance of sentencing, or regarding the existence of a special minimum of sentencing. Other than that, the integrity of judges must also get attention. Judges are required to always obey existing laws and regulations, and pay attention to the values that live in society, in order to uphold legal justice and also legal certainty and legal benefit.
PEMBUKTIAN UNSUR PATUT DIDUGA PADA DELIK PENADAHAN KENDARAAN BERMOTOR DALAM PUTUSAN PENGADILAN NEGERI MALANG NOMOR 123/Pid.B/2017/PN.MLG Wahyu Jati Kuncoro; R Rahaditya
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.v4i2.18005

Abstract

Criminal Offense in Indonesia have been clearly regulated in Article 480 of the Criminal Code, where a person is declared as an intermediary if he has fulfilled the elements contained in Article 480 of the Criminal Code, The elements in this article are where he rents, buys, receives as a gift, accepts a pledge, accepts an exchange, or because he wants to earn a profit from selling, mortgaging, exchanging, hiding, storing, or carrying goods that he knows, where the elements contained in the article are: The emphasis is on the recipient or buyer of the goods who must be considered as supposed to know and reasonably suspect that the goods to be purchased or received are goods obtained through the proceeds of crime. The problem faced is how to prove the suspected element in the offense of arresting a motor vehicle in the Malang District Court Decision Number 123/Pid.B/2017/PN.Mlg. The research method used is normative juridical. The results of the study indicate that the elements contained in the article focus on the recipient or buyer of the goods who should be considered as supposed to know and reasonably suspect that the goods to be purchased or received are goods obtained through the proceeds of crime. Therefore, the public is required to always be vigilant and should be suspicious and be more careful in obtaining or buying an item, first check the item, that the item is of clear origin and is not obtained from the proceeds of a crime.
URGENSI PENEMUAN HUKUM OLEH HAKIM SEBAGAI UPAYA UNTUK MEWUJUDKAN KEADILAN DAN KEPASTIAN HUKUM DALAM PENANGANAN KASUS PENIMBUNAN MASKER DAN HAND SANITIZER DI MASA WABAH COVID-19 Febriawan Mahendra; R Rahaditya
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.v3i2.10603

Abstract

Masks and hand sanitizers are items that are very much needed by the community to prevent and protect from the transmission of the Covid-19 Virus. However, the covid-19 outbreak has been used by irresponsible parties to seek profit by hoarding masks which resulted in scarcity of goods on the market. The police made arrests and charged the perpetrators with Law No. 7 of 2014 concerning Trade, however, the two types of goods are not the categories of basic and important goods so that the process of handling hoarding cases does not run properly, resulting in a legal vacuum. The legal consequence of not regulating masks and hand sanitizers in the case of stockpiling as a basic and important item will have implications for the law enforcement process in handling the crime of hoarding masks and hand sanitizers that cannot run optimally. Therefore, there is an urgency that can be taken by law enforcement officials to process hoarding cases through legal discovery by judges in court. In handling this case, the judge must make legal findings through extensive discernment by likening masks and hand sanitizers which are not categorized as essential and important items, but given the situation and conditions of the Covid-19 pandemic which require these two items to be considered or interpreted as important items. with extensive interpretation.
PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK MEREK TERKENAL BERDASARKAN UNDANG-UNDANG NO. 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (STUDI KASUS MEREK STRONG VS MEREK STRONG 12 JAM) Tazkya Salsabila; R Rahaditya
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.v4i2.17881

Abstract

Trademarks are part of Intellectual Property Rights which can play a role in preventing unfair business competition. Business actors are entitled to legal protection for their trading activities. It is very important to protect well-known brands given the prevalence of brand infringement that occurs, with protection of well-known brands aimed at avoiding the loss of well-known brand holders and protecting consumer confidence in the quality of the well-known brand. However, currently there are still frequent trademark infringements carried out by other parties without rights and without permission to use wellknown brands that have been registered, one of which is the case between Hardwood Private Limited against PT. Unilever Indonesia, Tbk. which will be studied in this research and raises the main issues: How is the legal protection for well-known trademark rights holders based on Law no. 20 of 2016 concerning Brands and Geographical Indications (Case Study of Strong Brand vs Strong Brand 12 Hours) ?. The results of the study indicate that it is true that there have been violations committed by PT. Unilever Indonesia, Tbk. by producing, promoting, marketing similar toothpaste products using the “Strong” brand which results in material and immaterial losses for the well-known brand rights holders, namely Hardwood Private Limited and there is no legal protection for the well-known brand “Strong” owned by Hardwood Private Limited. The author suggests that business actors must prioritize the distinguishing power of the trademark to be registered in order to maintain healthy business competition.
KEABSAHAN ALAT BUKTI ELEKTRONIK BERUPA REKAMAN DALAM PROSES PEMBUKTIAN DI DALAM PENEGAKAN HUKUM PIDANA (STUDI KASUS PUTUSAN NOMOR : 661/PID.B/2016/PN.BLB) Ricky Vandre Teguh Jaya; R Rahaditya
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.v3i2.10619

Abstract

Evidence comes to determine that whether or not a person is convicted, Research Method used is normative research using statutory and analytical approach, data collection through literature studies, The research about evidence that use on criminal cases, there are many evidence in Criminal Procedure Code, Article 184 in Criminal Procedure Code acknowledges that there are 5 pieces of evidence, however, evidence based on electronic data its not comes from Criminal Procedure Code, its come from different law constitution,Law of Republic Indonesia Number 19 Year 2016 concerning Information and Transaction Electronic in article 5 is about evidence electronic that valid to use as an evidence such as evidence in Criminal Procedure Code article 184, therefore electronic evidence is valid and legal to use on criminal cases, the recruitment of electronic evidence on article 5 to becomes legal evidence that got recognize by the judge is still not clear, so there is needed to increasingly emphasized that electronic evidence.
KEPASTIAN HUKUM KEWENANGAN PERADILAN MILITER DALAM MENGADILI PERKARA KONEKSITAS TERHADAP PENYERANGAN POLSEK CIRACAS (PUTUSAN DILMIL II 08 JAKARTA No. 232-K/PM. II-08/AD/XII/2020 – Tanggal 29 April 2021) M Rizky Aulia Hakim; R Rahaditya
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.v4i2.18022

Abstract

Article 89 paragraph (1) of the Criminal Procedure Code (KUHAP), criminal acts committed jointly by those belonging to the General Courts and Military Courts. To find out the legal provisions, to find out the mechanism for implementing the application of Civil and Military Justice, and to find out what obstacles arise in the implementation of Legal Certainty on the Authority of the Military Courts in Triing Connectivity Cases Against the Ciracas Police Sector Attack. Method or methodology is defined as the logic of scientific research, study of procedures and techniques. Research is essentially a series of scientific activities and therefore uses scientific methods to explore and solve problems, or to find a truth from existing facts. Crime is an eternal problem in human life, because crime develops in line with the development of human civilization. This also means that crime is a human problem from time to time. Crime is a phenomenon and social reality that causes bad feelings for the life of every human being. Evil often comes we cannot avoid, so we must be able to face the evil (Like it or Not). The incidence of crime has disturbed the community. A lot of money and energy has been spent to tackle the problem of crime, but the results have not been satisfactory. In fact, there is a tendency for the numbers to increase in some areas, both in terms of quality and quantity.
ANALISIS KEADILAN DALAM PEMIDANAAN TERHADAP IKUT SERTA MELAKUKAN PENGANIAYAAN BERAT DENGAN RENCANA Celine Florentza Simanungkalit; R Rahaditya
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.v4i2.17956

Abstract

The crime of premeditated severe maltreatment is an act of persecuting another person, or severe persecution and carried out with a prior plan, can be punished with imprisonment for a maximum of twelve years, but if the act causes the person being persecuted to lose his life (experiencing death), shall be sentenced to a maximum imprisonment of fifteen years. In the process of a criminal act of serious maltreatment with a plan, it can be carried out with the participation or of a person, it is both physically and psychologically. And in the process of punishing the perpetrators, mistakes often occur in determining the class of the perpetrators which results in the achievement of a justice which is one of the objectives of the law itself in the judicial process. To achieve justice that is appropriate and based on law, proper and good thinking framework is needed by law enforcement officers in the judicial process, as well as improvement of positive law so that the basis used in deciding a case is appropriate and fair.
ANALISIS PENERAPAN PASAL 14 AYAT (1) UNDANG-UNDANG NOMOR 1 TAHUN 1946 TENTANG PERATURAN HUKUM PIDANA DAN PASAL 45A AYAT (2) UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERHADAP KASUS PENYEBARAN BERITA BOHONG DI MEDIA SOSIAL (STUDI KASUS: PUTUSAN PENGADILAN NOMOR 277/PID.SUS/2019/PT.DKI) Sonia Christy Sipayung; R Rahaditya
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.v4i2.18004

Abstract

Social media can provide positive benefits, but on the other hand it also provides opportunities to be used as a medium for committing criminal acts such as spreading false news. Fake news (hoax) is information that is covered up as if the news is fact. This study aims to find out how the urgency of the implementation of Article 14 clause (1) of Law Number 1 of 1946 concerning Criminal Law Regulations and Article 45A clause (2) of Law Number 19 of 2016 concerning Electronic Information and Transactions is associated with cases of spreading false news. on social media in the case of the Court's decision Number 277/PID.SUS/2019/PT.DKI. The method used is normative legal research. From the analysis of this writing, it is known that there are differences in the elements of the two articles. These elements must be met in the evidence at trial accompanied by the evidence provided for in Article 184 clause (1) of Law Number 8 of 1981 concerning the Criminal Procedure Code, which consists of witness statements, expert witness statements, letters, instructions, and the defendant's statement.
PERLINDUNGAN HUKUM TERHADAP KORBAN SALAH TANGKAP ATAU ERROR IN PERSONA (STUDI KASUS PUTUSAN PENGADILAN NEGERI SEKAYU NOMOR 330.PID.SUS/2020/PN.SKY) Yunita Dimer Bustomi; R Rahaditya
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.v4i2.17971

Abstract

False arrest is a mistake about the person in question or a mistake about the person and is a problem in the Criminal Justice System because of a violation of rights at one or all levels of examination. These violations can be in the form of procedural violations, administrative violations, violations against the suspect's personal self to serious violations such as fabricating witnesses and engineering evidence of a case. Criminal law aims to protect and save individuals from crimes in society, so that this goal must be maintained so that it is not possible for a crime to escape due to an error in the investigation or maybe vice versa there is no crime which due to an incorrect method of investigation causes innocent people to suffer and be punished. crime without being based on the law. Legal protection for victims of wrongful arrest in criminal justice is regulated in Law no. 8 of 1981 concerning the Criminal Procedure Code (KUHAP), namely in the form of Compensation and Rehabilitation. Provisions regarding compensation include acts of arrest, detention, prosecution, or trial or because they are subject to other actions without reasons based on law, or because of errors regarding the person or the law that is applied. The application for compensation for the decisions that have been submitted until the court stage is completed by the District Court. Meanwhile, rehabilitation can be obtained by someone who has been released or released from all legal claims whose decision has permanent legal force. The amount of compensation claims that can be submitted by victims of wrongful arrests based on PP No. 92 of 2015 concerning the Second Amendment to Government Regulation No. 27 of 1983, namely the amount of value obtained by a person who is acquitted or dismissed from all legal claims whose decision has permanent legal force. Meanwhile, rehabilitation is given and submitted at the same time in a court decision that has permanent legal force.
Co-Authors Adithia warman Ahmad Aryadi Celine Florentza Simanungkalit Febriawan Mahendra Feby Egatri Gulo Jesslyn Evelina Tandrajaya M Rizky Aulia Hakim Mischaela Ivane Maureen Marbun Nina Maulanny Herlan Ricky Vandre Teguh Jaya Sonia Christy Sipayung Stanislaus Arthur R.W. Tazkya Salsabila Tri Guntur Julianto Veren Marceline Virlieni Erika Putri Wahyu Jati Kuncoro Yakobus Yakobus Yunita Dimer Bustomi