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<![CDATA[ANALISIS PEMIDANAAN PADA PUTUSAN PENGADILAN NEGERI DEPOK NOMOR 392/PID.B/2018/PN DITINJAU DARI PERLINDUNGAN KORBAN YANG MENYANDANG DISABILITAS ]]>
<![CDATA[Heski Manura Felinda]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17102
<![CDATA[People that have disabilities should have the same position,rights and also obligations as a normal people in general. Based on Law Nmber 39 of 19.99 about Human Rigmhts. Law Number 8 of Year 2.016 about Peoplewith Disabilities is a form of legal protection, and the fulfillment of rights that should be given to people with disabilities. But in fact, many people that have disabilities still have not received legal protection fully. Even when people with disabilities become victims of crimes, they experience difficulties in court proceedings due to their condition, which can be said when dealing with the law, people with disabilities are discriminated against, law enforcers and legal arrangements still assume that they are some groups of people who are not normal are neither capable nor legally competent in the judicial process. This research form is a normative legal research which is supported by a law approach and a case approach. The research aims to realize legal protection, as well as the fulfillment of the rights of persons with disabilities in court processes. Based on the results of this study, the fulfillent of the rights of people with disabilities as victims and witnesses has not yet been implemented properly in the form of fulfilling the rights of peoples with disabilitie in the face of judicial process, which should receive special treatment and legal equality, based on existing laws and regulations regarding disability people.]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU USAHA YANG MENJUAL PRODUK PANGAN IMPOR TANPA IZIN EDAR MELALUI TOKO ONLINE (STUDI PUTUSAN NO 613/PID.SUS/2019/PN.PDG) ]]>
<![CDATA[Christopher Christopher]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17129
<![CDATA[In this modern era, technological developments are increasingly advanced and growing rapidly, because of these technological advances, it supports transactions through online shops, causing some business actors who sell goods and services both domestically and abroad who do not have a license. certain of the goods it sells. And these goods have been circulated and traded freely, so that business actors can sell goods with high competitiveness both domestically and abroad. Even the existence of free trade can have a negative impact on those who have bought it. Therefore, there must be the application of criminal liability to business actors who have committed criminal acts by selling products in the form of goods or services that violate an applicable provision. Based on the results of the analytical research in Decision No. 613/Pid.Sus/2019/Pn.Pdg, the perpetrator can be imposed with criminal sanctions because he has fulfilled one of the elements, namely the ability to be responsible for all his actions. In criminal liability which is one of the other requirements is the element of ability to be responsible for a criminal act. So every criminal act in the Criminal Code can generally be described into two types, namely subjective and objective elements. Based on the judge's consideration in Decision No. 613/Pid.Sus/2019/Pn.Pdg, the defendant should be sentenced to a fine because the defendant's actions clearly harm the state in terms of non-tax state income or abbreviated.]]>
<![CDATA[ANALISIS KEPASTIAN SUMBER HUKUM PEMIDANAAN TERHADAP DELIK ABORSI DALAM SISTEM PERADILAN PIDANA (STUDI PUTUSAN PENGADILAN TINGGI JAMBI NOMOR 6/PID.SUS-ANAK/2018) ]]>
<![CDATA[Rosita Rosita]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.10839
<![CDATA[The discussion articulated in this research material is on the subject of uncertainty of legal source relating to passing of sentencingin cases involving abortion offense under the criminal justice system (as applied in the Jambi High Court Decision Number 6/Pid.Sus-Anak /2018) and the Court’s application on sentencing for such offenses. The primary material used for this research analysis is juridical normative, therefore the sources of data used by the author is primary data fromlaws and regulations, including positive Indonesian law, secondary data from literature studies and various literatures and tertiary data, namely, dictionaries, media and encyclopedias. The materials and data were collected from research conducted from well-equipped legal libraries / authorities. The judge's decision purporting that the perpetrator is held free from abortion offense in cases involving rape victims is somewhat ambiguousunder the existing Criminal Code and Laws, and this ambiguity should be analyzed in the light of law Number 36 of 2009 which concerns health and specifically under Indonesian positive law which adheres to the doctrine of “lex specialis derogat legi generalis” (“special law repeals general laws”). In addition, there is also legal uncertainty involving abortion offense due to the existence of a large number of legal sources or references to articles that regulate abortion offenses. In order for victims of rape and medical emergencies not to be considered ascriminals, the provisions in the Criminal Code and the Health Law must be uniformedto complement each other.]]>
<![CDATA[ANALISIS PERTANGGUNGJAWABAN TINDAK PIDANA KORUPSI AKIBAT KERUGIAN BUMN BERDASARKAN DOKTRIN BUSINESS JUDGEMENT RULE (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 34/PID.SUS-TPK/2019/PT.DKI) ]]>
<![CDATA[Felina Desiana]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17007
<![CDATA[State-Owned Enterprises (SOEs) in the form of Limited Liability Companies and run by a board of directors and their ranks do not cover the possibility of losses in running the company. If the board of directors takes a decision that harms the company, it will be considered to fulfill the elements of Article 2 paragraph (1) of the Law on the Eradication of Corruption. Business Judgement Rule is one of the doctrines that exist in business law to protect directors and their ranks in legal liability for business decisions they take. The Business Judgement Rule arises as a result of the implementation of fiduciary duties by a board of directors. The Board of Directors is required to take full responsibility for the management of the company, in the interests of the company. In carrying out its duties the board of directors is often faced with business decisions that are not in accordance with the agreed business strategy. As in the Supreme Court's Decision 34/PID. SUS-TPK/2019/PT. DKI, a state-owned company board of directors of PT Pertamina is said to be found guilty of corruption offences due to the harm to the state's finances amounting to Rp. 568,066,000,000 as a result of the acquisition or investment in BMG Australia. Thus, the doctrine of Business Judgement Rule should be applied as long as the board of directors can prove the business decisions taken in good faith, and prudence and not enrich themselves.]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA DALAM PEMALSUAN SURAT TERHADAP PERJANJIAN KREDIT (STUDI KASUS PUTUSAN NOMOR: 952/PID.B/2019/PN.JKT.BRT) ]]>
<![CDATA[Deasy Diantirta Ayu]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.16982
<![CDATA[Bank is a business entity that collects funds from the public in the form of savings and distributes them to the public in the form of credit or other forms in order to improve the standard of living of the people. Therefore, it is very necessary to know the legal consequences of the credit agreement with the presence of a forged letter and criminal liability for the decision of the district court number: 952/Pid.B/2019/PN.JktBrt. Furthermore, the research method used by the author is normative research. According to the results of the author's analysis of the legal consequences of the credit agreement with the existence of a forged civil letter, the agreement can be said to be null and void because in making a credit agreement you must use an authentic deed, identity and other original documents, not fake ones. In the verdict number 952/Pid.B/2019/PN.JktBrt the charges used by the judge are alternative charges, namely: the first indictment of the defendant is subject to Article 263 Paragraph (2) of the Criminal Code in conjunction with Article 55 Paragraph (1) of the 1st Criminal Code and the second indictment the defendant is subject to Article 378 of the Criminal Code jo. Article 55 Paragraph (1) 1st of the Criminal Code.]]>
<![CDATA[ANALISIS PERTANGGUNGJAWABAN PIDANA BAGI PELAKU YANG DIDUGA TURUT MELAKUKAN (MEDEPLEGER) DALAM PERKARA TINDAK PIDANA KORUPSI KASUS PENGADILAN NEGERI JAKARTA PUSAT PUTUSAN NOMOR : 22/PID.SUS-TPK/2020/PN.JKT.PST ]]>
<![CDATA[Muhammad Fadhil Andika Ramadhan]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17091
<![CDATA[Criminal Law is contained in the Criminal Code regulations as well as those contained in special laws outside the Criminal Code. The arrangement and determination of the medepleger in the decision number 22/Pid.Sus-Tipikor/2020/Pn.Jkt.Pst. the judge did not determine the punishment even though the medepleger criminal code is known in Article 55 of the Criminal Code. Furthermore, the research method used is normative research and the research approach used is the law and case approach. The results of the study indicate that the regulation regarding medepleger is considered to be still not good, because in practice there are still problems in determining whether a person's actions are included in participation or not, so it is necessary to regulate the provisions of guidelines for implementing the act of participating in doing. Determination of people who participate in the justice system in Indonesia has started since there are people who are suspected of being perpetrators of criminal acts and there is preliminary evidence obtained from the results of investigations conducted by law enforcement officers. Several criminal elements were found in the Primary indictment, including elements with the intention of benefiting oneself or others, elements of abusing power, forcing someone not to do or allowing something and elements of doing or participating in doing something. The panel of judges in determining the act of participating in the decision can also consider other aspects that contain concrete things that can clarify a problem.]]>
<![CDATA[KEPASTIAN HUKUM PEMIDANAAN TERHADAP DELIK KETERANGAN TIDAK BENAR ATAU MENGGUNAKAN SURAT PALSU SEBAGAI CALON BUPATI PILKADA (STUDI KASUS DI SABU RAIJUA PUTUSAN MK NOMOR : 135/PHP.BUP-XIX/2021) ]]>
<![CDATA[Mazmur Prima Dimu Heo]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17972
<![CDATA[Indonesia applies as a single citizenship (monopartite) for those who are legally capable or are 18 years old based on Law Number 12 of 2006 concerning citizenship, but what attracts attention is the dual citizenship of the candidate for Regent in Sabu Raijua Orient Patriot Riwu Kore who has American passport which means automatically being a citizen of the United States (US) and at the same time Oriet Patriot Riwu Kore masi is registered as an Indonesian citizen (WNI), based on the conditions that must be met to become a candidate for regional head as stipulated in the Act. Law number 10 of 2016 concerning Regional Head Elections (Pilkada) which states that only Indonesian citizens can become candidates for Regional Head, because of that formally fully the requirements to be appointed as a candidate for Regent contains formal legal defects because only Indonesian citizens should (WNI) only can calo n himself as a candidate for regent. Therefore, the determination of the Orient Patriot Riwu Kore as regent of the candidate pair 2 must prove that it is against the law (illegal) or null and void (null and void or void ab initio). Further, based on the decision of the Constitutional Court Number: 135/PHP.BUP-XIX/2021 only administrative sanctions were given, namely the disqualification of candidate pair number 2, Orient Patriot Riwu Kore and a re-vote (PSU) criminal sanctions for being dishonest or providing incorrect information regarding their citizenship status.]]>
<![CDATA[URGENSI PERLINDUNGAN HUKUM TERHADAP WHISTLEBLOWER DALAM UPAYA PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA ]]>
<![CDATA[Nabila Azzahra]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.12017
<![CDATA[Corruption is still a serious problem in Indonesia. This criminal act caused significant losses to state finances. Law enforcement for criminal acts of corruption done conventionally so far has proven to experience various disease resistance. Not a few cases have run aground in the middle of the road due to the absence of witnesses to support the duties of law enforcement officials. In its development, the term whistleblower is known as a criminal act of corruption. Assessed from a terminological perspective, a whistleblower is defined as someone who discloses a fact. In Indonesia whistleblower is a criminal act that reports and reports certain crimes and is not part of the crime it reports. In principle, whistleblowers can play a major role in exposing corrupt practices of public institutions. However, due to the lack of legal protection for whistleblowers in Indonesia, a whistleblower can be threatened physically, psychologically or at work because of his report or testimony of the allegations and crimes that have occurred. For this reason, in order for the practice of reporting and disclosing facts by whistleblowers to run more effectively, a concept of regulatory protection for whistleblowers in Indonesia is needed. As explained, this study aims to examine the form of legal protection for whistleblowers from a normative perspective and its implementation and also to study the practice of legal protection for whistleblowers in several countries to obtain the ideal legal protection concept for whistleblowers in Indonesia for the future.]]>
<![CDATA[PENERAPAN REHABILITASI MEDIS DI RSKO TERHADAP PENGGUNA NARKOTIKA BERDASARKAN UNDANGUNDANG REPUBLIK INDONESIA NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA ]]>
<![CDATA[Ishenna G Lalwani]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17963
<![CDATA[The application of the law is an application that has been determined by the government as a reflection of the rules that must be obeyed by law enforcement officials and the public. Indonesia's biggest case is a narcotics case where addicts and abusers get imprisonment. In fact, in Constitution Number 35 of 2009 about Narcotics, it has been regulated those narcotic addicts and abusers are required to get medical rehabilitation, but, punishment continues to occur. Medical rehabilitation is a treatment and care for curing addiction to narcotics addicts and abusers by providing guidance to addicts and narcotics abusers. In Decision Case Number 570 K/Pid.sus/2019 it is proven that the rehabilitation sanction is a very important sanction imposed for addicts and narcotics abusers as treatment of suspects. Legislation has explained that health efforts are highly indicated in the application of Law Constitution Number 35 of 2009 about Narcotics. The implementation of the law is not in line with the existing reality. A good law must be firm and clear in its application]]>
<![CDATA[URGENSI PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 10 TAHUN 2020 TENTANG SYARAT PEMBERIAN ASIMILASI DAN HAK INTEGRASI BAGI NARAPIDANA DAN ANAK DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN PENYEBARAN COVID-19 DILIHAT DARI TUJUAN PEMIDANAAN ]]>
<![CDATA[Christian Sutanto]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.12033
<![CDATA[The assimilation policy in the midst of the Covid-19 pandemic is given as the right of prisoners after fulfilling the requirements in the applicable legal rules. In the midst of the Covid-19 pandemic, prisons are a risky place because many prisons are uninhabitable due to overcapacity. The problem faced is the urgency of Regulation of the Minister of Law and Human Rights Number 10 of 2020 concerning the Requirements for Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Preventing and Combating the Spread of Covid-19 seen from the theory of the purpose of punishment. The research method used is normative legal research. The results showed that the concept of assimilation viewed from the perspective of the integrative punishment theory was considered unsynchronized because the purpose of punishment was to maintain legal order in society and improve the personality of the perpetrator while still paying attention to human rights, compared to imprisonment which had more negative impacts. This policy is in accordance with the concept of assimilation, namely the fulfillment of the requirements and conditions as stipulated in the laws and regulations. Prisoners who return to criminal acts after being released through the assimilation and integration program in the midst of the Covid-19 pandemic, it is necessary to take action from the government with weighted punishment and remain under the supervision of Bapas, namely video conference and group line / whatsapp so this program remains goes well.]]>
