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PENERAPAN PASAL 70 UNDANG-UNDANG NOMOR 30 TAHUN 1999, DALAM PERKARA INVESTMENT AGREEMENT, ANTARA HARY TANOESOEDIBJO MELAWAN SITI HARDIYANTI RUKMANA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 97 B/PDT.SUS-ARBT/2016) Nuraisyah Indri Widya; Stanislaus Atalim
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.v4i1.11999

Arbitration is a way of resolving a civil dispute outside the general court based on an arbitration agreement made in writing by the parties. In article 70 of law number 30 of 1999 concerning arbitration and alternative dispute resolution, there are provisions regarding the cancellation of an arbitration verdict. There are many interpretations regarding the terms of the cancellation of the arbitration verdict, this makes the arbitration law ineffective in resolving disputes such as in the case of seizure of shares in PT. Cipta Televisi Pendidikan Indonesia. In this case, the Central Jakarta District Court canceled the arbitration verdict on reasons that are beyond Article 70. In addition, after an appeal was made to the Supreme Court, in its decision the Supreme Court stated that the arbitration verdict could not be implemented and canceled the decision of the Central Jakarta District Court which canceled the arbitration verdict, this creates legal uncertainty for the parties because there is no clarity and resolution of the problem for the problem in dispute.

ANALISIS MENGENAI KEDUDUKAN PERJANJIAN NOMINEE ANTARA KARPIKA WATI (WNI) DAN ALAIN MAURICE PONS (WNA) (CONTOH PUTUSAN NOMOR 3403 K/PDT/2016) Inka Cyntiya Sulastin; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Nominee agreements in terms of land ownership between Indonesian citizens and foreign nationals according to Positive Law in Indonesia are prohibited and not valid, but at present there are many foreign citizens who come to Indonesia with various purposes, one of which is to build a business, business, until investment in a way outside the applicable regulations. One way for foreign citizens to have land rights in Indonesia is by marrying Indonesian citizens and / or utilizing local indigenous people by borrowing the names of Indonesian citizens who can have land rights to bind themselves to each other in the terms of the nominee agreement. The problem that the author examines in this case is how the position of the nominee agreement in land ownership according to the positive legal system in Indonesia that occurred in the case between Karpika Wati (an Indonesian citizen) and Alain Maurice Pons (a foreign citizen) in accordance with decision No. 3403 K / PDT / 2016 The author conducts research using the normative method that will use the relevant laws to conduct a review of the problem. It can be concluded that the position of the nominee agreement in the case between Karpika Wati and Alain Maurice Pons violates the provisions of positive law in force in Indonesia, violates the provisions of the Civil Code, the Basic Agrarian Law, and the Marriage Law.

PENGATURAN PEMUTUSAN HUBUNGAN KERJA KARENA KESALAHAN BERAT DALAM PERJANJIAN KERJA BERSAMA ANTARA ADI PURWANTO (BURUH) DAN PT. MUJUR TIMBER SIBOLGA “(STUDI KASUS PUTUSAN HAKIM PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 178/PDT.SUS-PHI/2017/PN.MDN.) Revaldi Sanjaya; Stanislaus Atalim
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.v3i2.10608

Termination of employment (PHK) is a problem that always occurs in the world of work,termination of employment itself is a very frightening event for workers/laborers who face it, this is because it is related to the cessation/absence of financial income for the worker/laborer concerned to fulfill needs. Because it is a frightening event for workers, they must make every effort so that dismissal never occurs as reflected in Article 151 paragraph (1) of Law Number 13 Year 2003 concerning employment, however in practice this is unlikely to happen. occurs, in acompany there must be layoffs, one of which is layoffs due to serious mistakes. One example of layoffs due to serious errors is in Decision Number 178/PdtSus-PHI /2017/PN.Mdn, where Adi Purwanto as a worker was laid off due to a serious error stipulated in the Collective Labor Agreement that applies to the company where he works, the purpose of this research is to find out the validity of layoff regulations due to serious mistakes in Collective Labor Agreement . The methods used in this research are: This type of research is normative legal research which takesthe problem from the law then provides justification, the type of data used is primary legal material, secondary legal material, and tertiary legal material, data collection techniques used are used is literature study and interviews, and data analysis techniques are prescriptive techniques.

ANALISIS PUTUSAN PEMBATALAN PERJANJIAN PERDAMAIAN HOMOLOGASI PADA KASUS KEPAILITAN PT NJONJA MENEER (STUDI KASUS: PUTUSAN PENGADILAN NIAGA SEMARANG NOMOR 11/PDT.SUS-PAILIT/2017/PN NIAGA SMG. JO. PUTUSAN MAHKAMAH AGUNG NOMOR 1397 K/PDT.SUS-PAILIT/2017). Indah Jacinda; Stanislaus Atalim
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.v2i1.5257

A form of reconciliation in Suspension of Payment is an agreed composition plan, and the composition plan must get the court’s ratification (homologation). According to Article 170 of the Bankruptcy Law number 37/2004, the creditor can request the cancellation of the composition plan that has been approved if the debtor fails (negligent) to fulfill their obligations. Furthermore, in Article 291 Paragraph 2 of the Bankruptcy Law states that if the cancellation is approved, the debtor must be declared bankrupt. And in this case, PT Njonja Meneer was declared bankrupt because they were considered negligent in fulfilling their obligation according to the composition plan, which if we look in Indonesian Civil Code, on Article 1238 it’s stated that someone can only be said to be negligent if they do not carry out their obligations after the due date and have received a notice beforehand. And in this case, the composition plan’s due year is still in 2020 but in 2017, the debtor has already called negligent and declared bankrupt by the court. Therefore, while the research methods in this journal use normative research methods supported by interview data, this journal will examine further about the composition plan itself and the term of negligent in fulfilling the obligations according to the bankruptcy law.

KEDUDUKAN PERJANJIAN WALI AMANAT TERHADAP LEGAL STANDING PEMEGANG EFEK BERSIFAT UTANG (CONTOH KASUS PUTUSAN NOMOR: 121/PDT.SUS-PKPU/2018/PN JKT.PST) Kevin Neil McVey; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

A legal concept of trust, or also known as ‘wali amanat’ in Indonesian legal terms, is not a really well-known concept amongst the legal practitioner and jurist in the Indonesian court. The concept has been a topic of hot debate between lawyers and judges on whether the concept is applicable in the realm of the Indonesian European-Continental law system. The problem arises from a case of debt restructuring, in the commercial court decision No: 121/Pdt.sus-PKPU/2018/PN.Jkt.Pst. The decision carries that a bond-holder could file an application for debt restructuring (PKPU) when they see a case of default on the bond issuer. The bond-holders are supposed to be bound to the trust indenture, and the indenture already stipulated in its term on who has the legal power and authority to do so. The stipulation turns out to be the complete opposite of what’s reflected in the court decision, making the epicenter of the problem revolves on whether the underling bond-holders has the capability to file a debt restructuring application. This essay aims to analyze the decision and determines who has the authority and legal standing to file a debt restructuring application in the case when a trust indenture exists.

ANALISIS PENERAPAN TEORI OBJEKTIVITAS DALAM ASURANASI KAPAL ANTARA PT. BRINGIN SEJAHTERA ARTAMAKMUR DAN PT. DJAKARTA LLOYD (STUDI PUTUSAN NO.423/PDT.G/2011/ PN.JKT.PST.) Gibran Budi Nugroho; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2742

In the insurance agreement, of course, there is an insurance object where the insurance object must be notified in detail by the insured to the insurer if it will not be threatened by the cancellation of the agreement. This is supported by one of the theories developed in insurance business, namely the theory of objectivity supported by article 251 KUHD This research is a study of the application of the theory of objectivity to Decree Number 423 / Pdt.G / 2011 / PN.Jkt.Pst because of the claim from PT. Djakarta Lloyd from the insurance object in the form of MV Jatiwangi PB 400 vessel that has been insured to PT Asuransi Bringin Sejahtra Artamakmur (PT BSAM), but the insurance company rejects the claim on the grounds that the ship was damaged at the time of signing the insurance policy. So that the problem arises how to apply the theory of objectivity to the rejection of insurance claims made by (PT BSAM)? is the application of the theory of objectivity in Indonesian insurance law correct? The research method used is a normative juridical research method. Data from the study shows that based on Article 251 KUHD and the theory of objectivity is a description of the honesty of insurance participants with the threat of cancellation of insurance if the insured party is proven not to have good intentions. Based on the definition of objectivity theory and Article 251 KUHD the author wants to discuss how it applies to ship insurance

PEMBATALAN GUGATAN ULTRA PETITA OLEH PENGADILAN TINGGI BALIKPAPAN DALAM PERKARA PERCERAIAN ANTARA RAFEGE ZEBUA DENGAN CYNTHIA VERONICA OEIYONO DI P.N. BALIKPAPAN (Studi Kasus Putusan Pengadilan Tinggi Kalimantan Timur Nomor 125/Pdt/2019/PTSMR) Devi Haryanto; Stanislaus Atalim
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.v4i1.10988

Decisions of judges in the civil sector apply the principle of iudex non ultra petita or ultra petita non cognoscitur or the judge only determines what is submitted and proven by the applicants or plaintiffs. The problem in this research is how the cancellation of the ultra petita lawsuit by the Balikpapan High Court in the divorce case between Rafege Zebua and Cynthia Veronica Oeiyono at the Balikpapan District Court? The results showed that the cancellation of the ultra petita lawsuit by the Balikpapan High Court in the divorce case between Rafege Zebua and Cynthia Veronica Oeiyono at the Balikpapan District Court was not in accordance with the facts of the trial. This is because Cynthia Veronica Oeiyono as the Plaintiff requested ex aequo et bono, so the Balikpapan District Court Judge's decision was not included in the ultra petita category, because the judge only completed what was demanded in his primary petitum. Balikpapan District Court judges also only carry out the mandate stipulated in Article 40 of Law Number 23 of 2006 conceming Population Administration, namely efforts to create legal certainty for divorce between the Plaintiff and Defendant through reporting by the concemed to record court decisions regarding divorce to the Population Office and Palembang City Civil Registry and Balikpapan City Population and Civil Registry Office to issue a Divorce Certificate

ANALISIS TERHADAP KEBIJAKAN DEMOSI PADA PEKERJA PT. MEGAH MITRA SUKSES (STUDI KASUS PUTUSAN NOMOR 146/PDT.SUS-PHI/2016/PN.JKT.PST JO PUTUSAN MAHKAMAH AGUNG NOMOR 257K/PDT.SUS-PHI/2017) Kesuma Melati; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Demotion occurs in a company mainly because of its negative influence on the morale of the workers concerned and can affect the achievement and morale of other workers in the company. Decline in the position of authority, facilities, status and even salary is a punishment for workers. Demosi is not given its arrangement in Law number 13 of 2003 concerning Manpower and other laws and regulations related to employment. Thus, this demotion arrangement can be regulated individually in work agreements, company regulations or collective labor agreements.The company does have the right to move workers in other parts but may not violate Human Rights and violate the provisions of Article 32 paragraph 2 of the Manpower Act which stipulates that placing someone who is not because of his expertise is against the law. Workforce placement must also pay attention to expertise, dignity and human rights and legal protection. The problem examined is how legal protection for workers due to demotion policy at PT. Magnificent Success Partner? And Is the legal consideration of the judge in the decision Number 146/Pdt.Sus-PHI/ 2016/PN.JKT.PST Jo Decision of the Supreme Court Number 257K/Pdt.Sus-PHI/2017 in accordance with the Manpower Act?Demotion will continue to occur if there are no strict rules regarding demotion, the government should make a regulation in the Labor Law regarding demotion, so that the rules regarding demotion become clear and do not harm the workers.

PENOLAKAN PERMOHONAN PERNYATAAN PAILIT PT RAMALDI PRAJA SENTOSA DI TINGKAT KASASI (STUDI KASUS: PUTUSAN MA NOMOR 196 K/PDT.SUS-PAILIT/2017) Indira Rizty Raihanna; Stanislaus Atalim
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.v4i1.12011

A request for a bankruptcy statement can be filed by a debtor who has two or more creditors and does not pay off at least one overdue debt which can be billed and then declared bankrupt by a court decision. This study aims to determine whether the legal considerations of the Supreme Court judges in the Decision Number 196 K / Pdt.Sus-Pailit / 2017 who rejected the request for a bankruptcy statement by PT Ramaldi Praja Sentosa as the debtor were in accordance with the provisions of Law Number 37 of 2004 concerning Bankruptcy and Postponement. Debt Payment Obligations. This type of research used in this research is normative legal research. The legal considerations of the Supreme Court judges in Decision Number 196 K / Pdt.Sus-Pailit / 2017 were slightly wrong because the judge decided based on SEMA Number 2 of 2016 which requires creditor approval of the appointed curator as a formal requirement, where in law it only requires that an application for bankruptcy can be accepted if there are at least two creditors and one debt that has matured and can be collected. The additional requirement is proof of the debt, which must be simple. In this case the law does not require the approval of the creditors regarding the appointed curator. Therefore, the judge should have considered the requirements for bankruptcy petition that have been fulfilled in the Bankruptcy Law.

PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM PEMBATALAN PERJANJIAN JUAL BELI AKIBAT PERBUATAN MELAWAN HUKUM (CONTOH KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 523 K/PDT/2017) Angelica Natalie; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2743

There are differences between contract and tort laws, which lies in the issue of consent. Because in a contract, the parties need to enter an agreement knowingly and without being coerced for the contract to be valid, that means the parties are aware of the risk entailed and the outcome of the contract. Damages in contract claim usually happened because of mistakes or misunderstandings between the parties. On the other hand, the interaction in a tort is never based on consent. Torts generally involve an intrusion by one party into the privacy, health, profit and safety of the victim. In fact, if the victim consents to the tortious conduct, it can serve as a defense that will prevent them from recovering damages. However in Indonesia court of law, the judges accept to restore damages and even the cancellation of the agreement or contract between the parties due to tort, the judges in many cases have shown that they accepted tort as a reason for cancellation of an agreement, this provides legal protection for the parties in cancellation of the sale and purchase agreement due to tort, even if it’s not ensured that all contract cases can be solved this way or if it’s even lawfully right, as there is an important differences between tort and breach in contract, the case example can be seen on Supreme Court Verdict Number 523 K/PDT/2017 which verdicted undue influence causing a tort and cancelled the sale and purchase agreement between the parties.

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