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TINJAUAN TENTANG KEWAJIBAN PELAPORAN TRANSAKSI KEUANGAN OLEH ADVOKAT DALAM KETENTUAN UNDANG-UNDANG NO. 18 TAHUN 2003 TENTANG ADVOKAT YANG TIDAK SEJALAN DENGAN PERATURAN PEMERINTAH NOMOR 43 TAHUN 2015 TENTANG PIHAK PELAPOR DALAM PEMBERANTASAN DAN PENCEGAHAN TINDAK PIDANA PENCUCIAN UANG Narada Lukman; Tatang Ruchimat
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The legal norms of any country are always multi-layered, where the norms below apply, are based on and come from higher norms, higher norms apply, are based and are sourced from even higher norms, up to a norm the highest is called the Basic Norm. Since the birth Republic of Indonesia with proclamation independence, as well as the adoption from the 1945 Constitution as the constitution the Indonesian State, the proof legal norm system the Republic of Indonesia, If we compare it with the theory of the level of legal norms (Stufen Theory) from Hans Kelsen and the theory of the level of legal norms, that Article 3 letter a of Government Regulation No. 43 of 2015 adheres to the Advocate Law No. 18 of 2003. Article 3 letter a Government Regulation reads "Advocates are required to report financial transactions to prevent money laundering, Advocates must report data or where the money they receive from their clients is" to ask the client about it does not feel it appropriate, because it is a secret from his client, in accordance with what is written in Article 19 which reads "Advocates have the right and obligation to keep everything confidential from their clients, including protection of files and documents against confiscation and protection against wiretapping", and Article 21 which reads "Advocates are entitled to an Honorarium for legal services that have been provided by their clients, based on the agreement of both parties".

ANALISIS TENTANG KEABSAHAN KEWENANGAN KEJAKSAAN NEGERI JAKARTA SELATAN DALAM PENYELESAIAN TUNGGAKAN IURAN JAMINAN BPJS KESEHATAN DI KOTA ADMINISTRASI JAKARTA SELATAN nurul oktavia agri; Tatang Ruchimat
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.v4i1.11073

The Civil and State Administration Attorney's Office, the Prosecutor's Office with a Special Power of Attorney (SKK), can work for and on behalf of the state or government both within and outside the court. A state attorney is called a lawyer who represents the state and government in cases of civil and state administration (JPN). In its implementation, the state attorney is fully utilized by government agencies, State-Owned Enterprises (BUMN) and Regional-Owned Business Entities (BUMD) to defend their interests in civil and state administrative cases. The results of this study indicate that in the settlement of unpaid corporate dues Social Security Administrators (BPJS) give special powers to the prosecutor's office in handling civil cases and state administration.. Social Security Administration when compared to the handling carried out under the criminal procedure law. So that the authors draw the conclusion that the power of the Attorney as state lawyer in order to save the wealth of the State or in order to restore and protect the interests of the community and legitimate government authority based on a Special Power of Attorney representing BPJS Kesehatan to resolve problems related to Employers who are in arrears for Health insurance contributions.

PENUNJUKAN ANGGOTA POLRI AKTIF UNTUK MENDUDUKI JABATAN DI LUAR KEPOLISIAN DITINJAU DARI ASAS KEPASTIAN HUKUM Ronald Limanjaya; Tatang Ruchimat
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.v3i2.10593

The author makes this paper with the title “The Appointment Of Police Officers To Hold Positions Outside The Police Based On The Legal Certainty” because the concern for implementing Indonesia As a Rule of Law. The Rule of law is made to protect the people from government power. The principle of rechtsstaat in Indonesia could be shown by the implementation of separation power between executive, legislative and the judative; protection of human rights, government actions based on law and the others. As the rechtsstaat, one of the most important things is the principle of legal certainty. The legal certainty doesn’t only mean that laws do not contradict each other, the legal certainty also means no difference between law and the implementation itself. From the police law we can clearly see that police are prohibited from occupying any position outside of the police itself. But lately, that police regulation sometimes is violated. In 2018, acting governor of west java was taken from police. One of the police is taken for being a head of the corruption eradication commision. From these cases we can make a conclusion that the phobilited of police to occupy other positions out of police is not implemented properly. This paper is made for finding ways to solve the problem of Legal certainty of this police law problem, to know and understand the legal consequences of an active police position who occupy another position outside the police, and giving preferences for other people who want to research the same problem as this paper.

ANALISIS PENERAPAN DALUWARSA DALAM PENGAJUAN GUGATAN TERHADAP HAK UNTUK MEMPEROLEH PEKERJAAN BAGI PENYANDANG DISABILITAS DALAM SISTEM PEREKRUTAN PEGAWAI NEGERI SIPIL (STUDI PUTUSAN NOMOR 85/G/2020/PTUN.SMG) Felishella Earlene; Tatang Ruchimat
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.v4i2.17770

Everyone who feel their interests are harmed due to the issuance of a State Administrative Decree has the right to file a lawsuit into authorized State Administrative Court. In the filling of a lawsuit, there are expiration provisions that are regulated in the applicable regulations. If the lawsuit is filed beyond the expiration date, then the lawsuit cannot be accepted, on the other side there is interests of a person that have been harmed. How is the legal protection for the loss of rights to obtain employment for person with disabilities in the civil servant recruitment system due to the implementation of expiration in filling lawsuit? In this research, the Author uses normative research method. The result of this research is the implementation of expiration provisions in filling a lawsuit provides legal certainty, but on the other side provides limitations for them who feel that their interests have been harmed so the justice cannot be reached. Judge in examining and passing verdicts should be based on the applicable regulations by balancing between legal certainty and justice for the seeker of justice. Therefore, the legal protection that can be provided to the rights of person with disabilities who are lost because the lawsuit filed has expired is to ensured that person with disabilities can participate in selection in the following year without discriminatory treatment. It is better if everyone who files a lawsuit on State Administration pays more attention towards the expired provisions so that similar problems do not occur.

ANALISIS TERHADAP KEBIJAKAN PEMERINTAH PROVINSI DKI JAKARTA TENTANG PENUTUPAN JALAN JATI BARU RAYA UNTUK PEDAGANG KAKI LIMA Martin Hadinata; Tatang Ruchimat
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Sidewalks are pedestrian paths that are generally parallel to the road and higher than the surface of the pavement to ensure the safety of the pedestrians concerned and Street Vendors (PKL) is a term to refer to the merchant invaders who carry out commercial activities over the area owned roads or sidewalks that should be intended for pedestrians. On December 22 Year 2017, the Provincial Government of DKI Jakarta imposed a new concept of structuring the Tanah Abang market area. Access to transportation until the placement of street vendors starts to be changed, there are some changes to the concept of Tanah Abang market area, the road along Tanah Abang station on Jati Baru Raya road will be closed, the second change of street vendors who usually sell in Tanah Abang market area will be moved to the front of the road in front of Tanah Abang station. Policies taken by the Provincial Government of DKI Jakarta proved to violate Article 12 of the Law of the Republic of Indonesia Number 38 Year 2004 concerning Roads, Article 128 Paragraph 3 of Law Number 22 Year 2009 concerning Road Traffic and Transportation. The DKI Jakarta Provincial Government in taking the decision to close Jalan Jati Baru Raya has no prior coordination with the Traffic Director of the Jakarta Metropolitan Police who is authorized about traffic in Jakarta.

ANALISIS PENERAPAN DALUWARSA DALAM PENGAJUAN GUGATAN TERHADAP HAK UNTUK MEMPEROLEH PEKERJAAN BAGI PENYANDANG DISABILITAS DALAM SISTEM PEREKRUTAN PEGAWAI NEGERI SIPIL (STUDI PUTUSAN NOMOR 85/G/2020/PTUN.SMG) Felishella Earlene; Tatang Ruchimat
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.v4i2.17772

Everyone who feel their interests are harmed due to the issuance of a State Administrative Decree has the right to file a lawsuit into authorized State Administrative Court. In the filling of a lawsuit, there are expiration provisions that are regulated in the applicable regulations. If the lawsuit is filed beyond the expiration date, then the lawsuit cannot be accepted, on the other side there is interests of a person that have been harmed. How is the legal protection for the loss of rights to obtain employment for person with disabilities in the civil servant recruitment system due to the implementation of expiration in filling lawsuit? In this research, the Author uses normative research method. The result of this research is the implementation of expiration provisions in filling a lawsuit provides legal certainty, but on the other side provides limitations for them who feel that their interests have been harmed so the justice cannot be reached. Judge in examining and passing verdicts should be based on the applicable regulations by balancing between legal certainty and justice for the seeker of justice. Therefore, the legal protection that can be provided to the rights of person with disabilities who are lost because the lawsuit filed has expired is to ensured that person with disabilities can participate in selection in the following year without discriminatory treatment. It is better if everyone who files a lawsuit on State Administration pays more attention towards the expired provisions so that similar problems do not occur.

TINJAUAN TENTANG PENOLAKAN PEMERINTAH REPUBLIK INDONESIA ATAS KEPULANGAN WARGA NEGARA INDONESIA EKS ISIS (ISLAMIC STATE OF IRAQ AND SYRIA) DITINJAU DARI HUKUM POSITIF INDONESIA Keivelyn Lovelycia; Tatang Ruchimat
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.v3i2.10611

The discourse of returning Indonesian citizens ex-ISIS (Islamic State of Iraq and Syria) to Indonesia in February 2020 has generated a lot of debate in the community. On Wednesday, February 12 2020, President Joko Widodo has decided not to allow 689 ex-ISIS Indonesians to return to their homeland for safety reasons. This decision is deemed contrary to positive Indonesian law, where Indonesian citizens may not be prohibited from entering / returning to Indonesia. Then what is the state's responsibility towards ex-ISIS citizens when viewed from Indonesia's positive law? In this research, normative legal research methods will be used. The research results show that ex-ISIS Indonesian citizens should not be prohibited from returning to Indonesia because they still have Indonesian citizenship status and ex-ISIS citizens can be subject to Indonesian criminal penalties and must carry out deradicalization as regulated in Indonesian legislation. The Indonesian government should reconsider the return of ex-ISIS citizens to Indonesia as regulated in Indonesia's positive law. If the Indonesian Government continues to take steps to refuse their return, then it is better if the government provides a strong legal basis and reasons for refusing their return.

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