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KEWENANGAN HAKIM TERHADAP ADANYA KETENTUAN PIDANA MINIMAL TERKAIT TINDAK PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANGGOTA TNI (ANALISIS PUTUSAN NOMOR 108-K/PM.II-09/AD/IV/2015) Rizky Meidiawan; Sugandi Ishak
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.v2i1.5269

One of the duties of the judge was to settle the case to sentence the perpetrators of the crime by saying that the defendant was acquitted or convicted based on at least 2 evidence and the judge based on the evidence was convinced that the error violated the article charged. The judge has the freedom to impose a sentence against the defendant who is not only fundamental to the provisions of the Law but also the judge can explore the values of law and justice in society. In the current practice, many judges have ruled below the minimum criminal provisions contained in an article as in the case of narcotics in this study. This cannot be blamed because the judge has the authority and freedom to make a decision, but this will certainly make legal certainty impossible. Legal problems in this research are how the authority of judges against the existence of a minimum punishment provision in narcotics crime and what constitutes the objective is stipulated by minimum punishment provisions. The research method taken is a normative juridical method, research data obtained through literature study and retrieval of decision files as a supplement. the results of the study show that judges may just make a decision under the minimum criminal provisions because the judge not only has to pay attention to legal certainty but also the purpose of other laws is to provide justice.

PENOLAKAN GARUDA INDONESIA TERHADAP PENUMPANG YANG DISEBABKAN KARENA PENEMPATAN HAND BAG DI LANTAI PESAWAT (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 2733 K/PDT/2018) Ricardo Calvin Enoni Nazara; Sugandi Ishak
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.v4i2.13641

In aviation activities, sometimes disputes occur due to misunderstandings between passengers and cabin crew, and even lead to lawsuits in court. The problem faced is how the attitude of airplane passengers should be according to Law Number 1 of 2009 concerning Aviation and what actions can be taken by the Garuda Indonesia airline against passengers who violate the provisions of air transportation. The results show that the attitude of airplane passengers according to Law Number 1 of 2009 concerning Aviation (Case Study of Supreme Court Decision Number 2733 K/Pdt/2018) refers to Article 54 of Law Number 1 of 2009 concerning Aviation. Passengers are prohibited from violating the rules that have been implemented by the flight service provider, and disrupting the flight, and the captain of the aircraft has the authority to take action such as lowering the passenger. Actions that can be taken by Garuda Indonesia against passengers who violate the provisions of air carriage are that Garuda Indonesia must notify that the rules are so. Garuda Indonesia's obligation is to announce the conditions of carriage, and others. The terms of carriage are in the announcement. The conditions of carriage at Garuda Indonesia are regulated in Article 1 to Article 18 regarding the conditions of carriage regarding passengers and baggage. To prevent disturbance of order and comfort while using air flight services, of course, awareness of all stakeholders is needed in complying with all applicable legal regulations.

Analisis Tentang Tindakan Penagihan Yang Melawan Hukum Terkait Pinjaman Online dari Fintech Ilegal (Studi Kasus Atas Putusan Nomor 438/Pid.Sus/2020/PN.Jkt.Utr) Alfin Rafael; Sugandi Ishak
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.v4i2.16987

In Indonesia, there are 3,107 illegal fintech companies. The author focuses on illegal collection actions related to online loans from illegal fintech as stated in Decision Number 438/Pid.Sus/2020/PN.Jkt.Utara. When collecting an online loan from the victim, the defendant used harsh words towards the victim by sending a voice note via Whatsapp with words such as "bad dog", "devil's child", an insult to the victim. The problems that the author raises are How Peer To Peer Lending (P2P Lending) Debt Collection Actions in the Perspective of Criminal Law and How to find out whether the fintech is registered or not and what the sanctions are in terms of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law Number 11 of 2008 concerning Information and Electronic Transactions. The author in his analysis stated that the act of billing using harsh words carried out by the defendant violated Article 310 of the Criminal Code and the illegal company could be subject to criminal sanctions based on Article 32 of Law no. 3 of 1982 concerning Compulsory Company Registration. The author concludes that the act of billing using harsh words committed by the defendant violated Article 310 of the Criminal Code and must be accompanied by a complaint to the police and related to the illegal company can be subject to sanctions by Article 32 of Law no. 3 of 1982 concerning Compulsory Company Registration.

ANALISIS PUTUSAN NOMOR 574K/PID.SUS/2018 MENGENAI PELANGGARAN PASAL 27 AYAT (1) UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Pelemon Siagian; Sugandi Ishak
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.v2i2.6919

Baiq Nuril Maknun is accused of violating Article 27 paragraph (1) of Law Number 11 Year 2008 concerning Information and Electronic Transactions (UU ITE). In the Mataram District Court found not proven guilty, the Public Prosecutor filed an appeal with Decision Number 574K / Pid. Sus / 2018 and the Supreme Court (MA) sentenced him guilty to Baiq Nuril Maknun with 6 month prisons sentence and a Rp. 500 million. Baiq Nuril Maknun then submitted a Review (PK) with Decision Number 83PK / Pid.Sus / 2019 and the Supreme Court rejected the PK proposed by Baiq Nuril Maknun. Method research used in writing this thesis is normative legal research. The results showed that Baiq Nuril Maknun submitted an amnesty request to President Joko Widodo and was granted, Baiq Nuril Maknun was free from the snares of the law. Submission of amnesty must be selective and for certain cases that are felt by the general public, the court's decision must be able to reflect justice because it is in accordance with the Judicial Act and the Supreme Court, and judges are required to explore the values of justice in society.

PENERAPAN PASAL 281 KUHP TENTANG TINDAK PIDANA ASUSILA YANG DILAKUKAN OLEH MILITER. (STUDI KASUS PUTUSAN PENGADILAN MILITER NOMOR 127-K/PM.II-09/AD/VIII/2017) Rifki Yuditya Saputra; Sugandi Ishak
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Decency crimes are interpreted as an act that violates courtesy, politeness, order, customs which can result in the creator being convicted. A Military who commits a crime other than being enforced by the Criminal Procedure Code also applies the KUHP because the KUHPM is a specialist lex from the KUHP. The moin prblem in this research is How is the application of Article 281 of the KUHP with the principle of Lex Specialis Generali Deregate about decency crimes committed by the Military ?, Can criminal penalties be applied to members of the military who commit decency crimes ?. Type of normative juridical law research. Basically the Criminal Procedure Code is a legal provision that regulates a military about which actions constitute a violation or crime or is a prohibition or necessity and is given a threat in the form of criminal sanctions against violators. The imposition of punishment for the military that commits a crime is the existence of an additional criminal which is military in nature. And in that case whether criminal offenses can be applied to members of the military who commit decency acts. The reasons for the existence of the KUHPM are lex specialis of the KUHP even though in the KUHP as stipulated in Article 52 concerning the weighting of criminal threats, the criminal threat stipulated in the KUHP is still felt to not fulfill a sense of justice for TNI members. Therefore, it needs to be regulated in the KUHPM specifically to regulate specific matters.

ANALISIS PERLINDUNGAN HUKUM ATAS PENOLAKAN MUTASI OLEH TENAGA KERJA YANG BERAKIBAT PEMUTUSAN HUBUNGAN KERJA OLEH PENGUSAHA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR: 1467 K/PDT.SUS-PHI/2017) Jessica Condro; Sugandi Ishak
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.v3i2.10595

An employment relation is an agreement made between a worker/labourer and an enterpeneur and an entrepeneur that specifies work requirements, rights and obligations of the parties. Based on the facts, work relationships do not always go well. One of the problems that often occur is termination of employment due to refusal of mutation. Basically, the purpose of the mutation itself is to increase efficiency and effectiveness of work in the company. However, mutation in some cases is often misused by employers to avoid paying severance pay or the rights of the worker/labourer. For example, a worker who has worked for many years is suddenly transferred to distant places. Hence, raising the question, how is the legal protection for workers who refuse the mutation and result in the termination of employment (related to the verdict of Supreme Court of the Republic Indonesia Number 1467 K/Pdt.Sus-PHI/2017)?. This research method is normative legal research using statue approach.

AKTA PEMBAGIAN HAK BERSAMA YANG DIBUAT NOTARIS BERDASARKAN SURAT KETERANGAN WARIS PALSU ATAU DIPALSUKAN (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 688 K/PID/2017) Adit Wiratama; Sugandi Ishak
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.v3i2.10606

Legal Heirs Certificate (SKW) is a letter that aims to determine someone to be an heir, but in practice many are faked. The problems faced in writing this thesis are how the legal consequences of the Deed With Rights Allocation (APHB) made by a Notary based on a forged Inheritance Certificate (SKW), a case study of the Supreme Court Decision Number 688K/Pid/2017. The research method used in writing this thesis is normative legal research. The results showed that the PPAT's negligence or deliberate action in making the deed would result in the deed being degraded as a strong means of evidence in the future which could have turned the deed into an underhand deed. Intentionally in making SKW registered by the village head / village head and sub-district head as contained in the Supreme Court Decision Number 688K/Pid/2017 in making a legally flawed deed (APHB) may result in the deed being null and void, because subjective requirements are not fulfilled (agreement of both parties) which has legal implications that the certificate of inheritance can be canceled. In carrying out his position, it is appropriate for the Notary to hold and carry out his position in accordance with the applicable law (on the track), which regulates the powers, obligations and prohibitions in making deeds as confirmed in Law Number 2 of 2014 concerning Amendments to the Law. Number 30 of 2004 concerning the Position of Notary Public

ANALISIS PERLINDUNGAN HUKUM TERHADAP PEMUTUSAN HUBUNGAN KERJA SEPIHAK OLEH PENGUSAHA TERHADAP PEKERJA WANITA SAKIT: CONTOH KASUS PUTUSAN NOMOR 74/PDT.SUS-PHI/2019/PN.BDG JO. PUTUSAN NOMOR 1016 K/PDT.SUS-PHI/2019) Tamara Ratnasari; Sugandi Ishak
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.v3i2.10586

Labor has a critical role in Indonesian economy, so in order to maintain the legal certainty and welfare of the parties involved in the work relationship, legal protection is needed for all parties. Not only is the certainty of legal protection for healthy laborers important, but also for ailing laborers who are prone to termination of employment due to poorer work performance compared to healthier peers. However, even though legal protection has been facilitated by law, incidents of illegal termination with severance pay that are not in accordance with Indonesian Labor Law often occurs. Thus, problems arise regarding the differences between the legal protection envisioned in the law and the reality that ensues regarding the laborers legal protection. This research type is a normative research with prescriptive objects. The conclusion from the results of the research is that the legal protection provided within the Indonesian labor law is already excellent, although it still requires the willingness of all the parties involved in the labor industry to learn and abide by the law and socialization of the applicable law so the ailing or healthy laborers are able to demand their rights comprehensively.

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