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PRAKTEK EKSEKUSI OBJEK JAMINAN FIDUSIA YANG HILANG DALAM PERKARA ANTARA M. NASIR DENGAN PT. OLYMPINDO MULTI FINANCE (CONTOH KASUS: PUTUSAN NOMOR 950/Pid.B/2019/PN Jkt.Pst) Malik Putra Eman; 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.v4i1.12026

The execution of fiduciary collateral objects often experiences problems in the process. The loss of the collateral object is one of the obstacles in its execution. As in the example of the case where M. Nasri as the debtor has transferred the object of the fiduciary guarantee without the knowledge of PT. Olympindo Multi Finance as the creditor which causes the fiduciary collateral to disappear and causes difficulties in executing the collateral object. Constraints in the implementation of the fiduciary security object are in fact detrimental to creditors and cause difficulties in settling receivables due to default. In fact, the execution of the object of fiduciary collateral encounters various obstacles in practice, which of course can be found in the execution of the execution of the fiduciary guarantee object.

PRAKTEK EKSEKUSI ASET PERUSAHAAN DEBITOR PAILIT MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (STUDI KASUS PUTUSAN NOMOR 11/PDT.SUS-PAILIT/2017/ PN.NIAGA.SMG) Chairul Maksus Syam; 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.v3i2.10584

Bankruptcy occurs not only for small capital companies, companies with big names or brands are not free from the risk of bankruptcy. Even the confiscation of the assets of a bankrupt company has experienced obstacles and the bankruptcy bill is not sufficient to cover the creditors' debt. The problems faced in writing this thesis are what the legal consequences are and what legal remedies for creditors if the bankruptcy bill is insufficient. The research method used in writing this thesis is normative legal research. The results show that the legal consequences and legal remedies for creditors if the bankruptcy bill is insufficient, of course the creditors have the right to receive their debt repayment from the debtor in accordance with the total bill and the payment method specified in the agreement. The management of the assets of the bankrupt debtor is transferred to a curator who is supervised by the supervisory judge, so that all actions affecting the bankruptcy assets, whether detrimental or profitable, must be carried out with the approval of the curator. Whereas legal remedies for creditors if the bankruptcy bill is insufficient, of course in this case refers to the decision to withdraw the bankruptcy statement, bankruptcy law through Article 19 paragraph (2) opens legal remedies for parties who are not satisfied with the decision by filing an appeal and / or Reconsideration to the Supreme Court.

ANALISIS PERMOHONAN CONSERVATOIR BESLAG BENDA BERGERAK MILIK PERUSAHAAN DITINJAU DARI PRINSIP RIJDENDE BESLAG (STUDI KASUS PUTUSAN NO.42/PDT.G/2017/PN.TNG) Ignatius Putra Jaya Simanullang; Stanislaus Atalim
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.v4i2.17952

Confiscate guarantee means that in order to guarantee the implementation of a decision at a later date, the property of the defendant, both movable and immovable during the litigation process, is confiscated first, or in other words that the confiscated goods cannot be confiscated. transferred, traded or transferred to another person. Based on article 227 paragraph (1) HIR, confiscation of collateral can only be applied in cases of debts, but in practice, its application is expanded to include disputes over claims for compensation either arising from Act Against the Law based on 1365 of the Civil Code, in the form of material compensation and compensation. immaterial. The confiscation of collateral has one of the principles, namely the principle of rijdende beslag which in that principle is the confiscation of collateral which is placed on the property of the defendant at the request of the plaintiff. The confiscated Rijdende Beslag were company assets. The custody and management of the company may not be left to the plaintiff, so the business activities of the defendant are not prohibited. Like the case that was tried in the Tangerang District Court with Decision Number 42/Pdt.G/2017/PN.TNG regarding the Compensation Claim which is an unlawful act. The judge considered the confiscation of collateral for losses in the case between PT Hokari Linex Pratama and PT Arimbi Jaya Agung Group. Regarding the reasons for the refusal to confiscate the collateral, which has been decided by the Tangerang District Court, it is contrary to the principle of rijdende beslag which states that the defendant's property can be used as an object of Confiscate guarantee without reducing the business activities of the defendant.

ANALISIS PEMBATALAN AKTA HIBAH SAHAM DIDASARKAN PADA PERJANJIAN INVESTOR YANG TELAH DIBATALKAN (STUDI PUTUSAN KASASI NOMOR 2820 K/PDT/2014) Su Hyon Son; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

According to article 1313 of Civil Code, the definition of an agreement is an act pursuant to which one or more individuals commit themselves to one another. Theoretically, an agreement that was made based on a previous made agreement makes this two agreements relate to one another and put them into a condition where the previous made agreement can terminate other agreement that has an attachment to it. This study is a normative legal research, where the results of this study are : first, the Judges’ decision to terminate a grant deed was null and void by one of its considerations that was based on an investor agreement that by fact was made after the grant deed and had been canceled before the lawsuit was brought to court that made the decision uncertain. Second, the investor's agreement should not be taken as one of the judges' consideration to terminate the deed of grant, seeing that the two agreements are not related and can’t be categorized as principal agreement and accesoir agreement. They both also have different standing in which the deed of grant is an notarial deed whereas the investor agreement is a private deed. So, the investor agreement can only be used as an evidence in court and cant be used as one of the judges' considerations to terminate the deed of grant.

ANALISIS PEMUTUSAN HUBUNGAN KERJA AKIBAT ADANYA DEMOSI PADA PEKERJA PT JOHNSON HOME HYGIENE PRODUCTS (STUDI KASUS PUTUSAN MAHKAMAH AGUNG RI NOMOR 566 K/PDT.SUS-PHI/2014) Monica .; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Demotion is the decline in the position of the labor/ worker carried out by the company caused by the violation of the rules applicable within the company (indiscipline) which involves the decrease of authority, responsibility, status, facilities, even the salary earned from the company workers. This research is motivated by the implementation of termination of employment done by the company because the worker refuse to be demoted. The demotion made by the company is not caused by errors or violations committed by the worker / labor concerned but because of the restructuring department (the reason for efficiency). This study aims to analyze how the demotion validity that occurs in the worker of the company concerned and how the settlement process of termination of employment. This research was conducted by normative law research method that is by examining primary, secondary, and other non-legal material material supported by interview result. The results of the author shows that the demotion made by the company are not legitimate and not autonomously regulated in the company so that the termination of employment made by the company is an unfounded termination. This scientific study recommends the importance of the autonomous demotion regulation for the protection of workers.

KLAUSULA EKSONERASI DALAM PERJANJIAN KREDIT ANTARA PT. MANDIRI PERSERO (TBK) SEMARANG DENGAN WIBOWO S.E. DAN SITI AISYAH (Studi Kasus Putusan No. 8 K/Pdt/2013) Hellen Rumiris; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Granting credit by the bank to the society greatly helps to develop a business that is run by community both individuals and legal entities. The government of the Republic of Indonesia has intructed banking to provide credit facilities especially for the middle and lower businesses. Banking credit agreement is a standard contract made by the bank by almost not giving freedom at all to the other parties to do negotiation for the requirements offered. This type of research using a normative juridicial research. This research aims to analyze the exoneration clauses in a credit agreement between PT. Bank Mandiri Persero (Tbk) Semarang with Wibowo, S.E. and Siti Aisyah. The bank credit agreement is the legal agreement to the Article 1320 of Indonesian Civil Code. However, the exoneration clauses listed on it contradicts some basis in the law agreement and also violates the provisions of Article 18 of The Consumer Protection Act. Clauses in a credit agreement are made to regulate the rights and the obligatons of the parties so that reasonable risk sharing occures between the bank and the customer. In fact, exoneration clauses are often abused by businessman attempting to diminish, divert and even refuse responsibility. The result of this research concludes that: First, the Government must provide more limits on the using of exoneration clauses through revision of The Consumer Protection Act. Second, PT. Bank Mandiri (Tbk) Semarang must be more meticulous and careful to determine contents of credit agreement.

PEMBATALAN PADA PERJANJIAN YANG TIDAK MENGGUNAKAN BAHASA INDONESIA (STUDI KASUS PUTUSAN NOMOR 450/PDT.G/2012 / PN.JKT.BAR) Thomas Aryanto G; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Starting from the treaty agreement from national agreement to international agreement, with the existence of the development of the time of course there are many developments including in the development in the field of agreement. in this journal the author explains about how should the implementation of Article 31 of Law Number 24 Year 2009 concerning about Flags, Languages, and Symbol of Country and National Anthem should be applied in Indonesia. the authors raise this issue using case studies on decision number 450 / Pdt.G / 2012 / PN Jkt.Bar where PT Bangun Karya Pratama Lestari sued Nine AM Ltd. to cancellation agreements that only use the English language without using the Indonesian language. in this case the panel of judges decides that the agreement is null and void because it violates Article 31 of Law Number 24 Year 2009 because the judges consider the agreement to violate Article 1320 Paragraph (4) of the Civil Code which reads "a lawful cause" this article of judges misinterpreted the exclusion of the law on the promulgation of the treaty. in the old legal books says that is not to violate the law is to the purpose of making a treaty not on the written evidence of a covenant that is only evidence when there is a dispute between the covenant makers. a covenant is not a written matter but the treaty itself is an agreement executed and agreed upon by both parties to fulfill the agreed agreement.

PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA ASING (TKA) AKIBAT PEMUTUSAN HUBUNGAN KERJA (PHK) SECARA SEPIHAK OLEH PERUSAHAAN MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 1285/PDT.SUS-PHI/2015/PN.JKT.PST Jo. PUTUSAN MAHKAMAH AGUNG NOMOR 133 K/PDT.SUS-PHI/2017 Jo. PUTUSAN MAHKAMAH AGUNG NOMOR 165 PK/PDT.SUS-PHI/2018) Hillary Hendry; 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.v2i1.5256

Termination of employment is one of the last attempts carried out by the company if no agreement is reached between the parties. However, all efforts must be made in advance so that Termination of Employment does not occur, as stated in Article 151 paragraph (1) of Law No. 13 of 2003 concerning Manpower. The subject matter of this case can be seen from the results of the Judicial Review with Decision Number 165 P / Pdt.Sus-PHI / 2018, stating that the Defendant has unilaterally terminated the Work Relationship and is obliged to pay compensation to the Plaintiff in the form of wages until the IMTA end. Even though according to Article 62 of Law No. 13 of 2003 concerning Labor states that if one party terminates a work relationship before the time expires, the party ending the employment relationship is obliged to pay the worker or labor wage until the expiration of the term of the work agreement. In addition to that, the other main issue is the supervision of the Ministry of Manpower on the use of Foreign Workers (TKA) related to this case. The type of research used is the normative research method.

IMPLEMENTASI PERLINDUNGAN HUKUM TERDAHAP HAK MATERNITAS PEKERJA WANITA DI KAWASAN BERIKAT NUSANTARA (KBN) CAKUNG JAKARTA UTARA DITINJAU DARI UNDANG-UNDANG KETENAGAKERJAAN (STUDI KASUS PELANGGARAN HAK MATERNITAS PEKERJA WANITA DI WILAYAH KBN CAKUNG, JAKARTA UTARA) Melisa Kurniawan Ardianto; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

This research was conducted to examine the rules concerning the protection of maternal right of women workers set forth in Labor Law. Basically, women workers have special right, their right must also be facilitated. One of the most fundamental right is the maternal right of women workers, including the right to menstruation leave, get social security in the form of care during childbirth and after childbirth, breast feeding and caring for the right and child rearing. This research also to look at the law as the principles of truth and justice that is natural and universally applicable. The method used in this research is normative research specifications. Juridical instruments used are equipped with the Labour Law Regulations related of legislation law, while the normative aspect associated with the materials related to the research literature. Implementation of maternity rights protection of women workers has been stated in the Labour Law and ILO Convention No. 183 Year 2000 on Maternity Protection (ILO Convention on Maternity Convention). The results of this research indicate that the implementation of maternity right not going well.

KONSISTENSI PENGADILAN NEGERI DALAM MEMUTUSKAN WANPRESTASI DALAM PERJANJIAN KERJA (PUTUSAN KASASI NOMOR 1706/PDT/2013 DAN PUTUSAN KASASI NOMOR 322/PDT.G/2015/PN.JKT.TIM) Yusmita Sari; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2164

A working relationship between the employers with workers or labourers often inconsistent like what to expected, so often cause of disputes. The purpose of this journal is to know how the Consistency of the District Court in Deciding Default in the Employment Agreement based on concideration and decisions from judge of verdict of appeal number 1706/PDT/2013 and verdict of appeal number 322/Pdt.G/2015/PN.Jkt.Tim. This study is a normative legal research methods supported by some interview is expected to help answer the problem of this research. the result of this study are : first the service bond agreement can not be equalized with the employment agreement. because they both agreements have different elements. the service bond agreement is an ordinary civil agreements, not regulated by law no 13 of 2003 about employment.second, Industrial relation court is a special court in general court. They both have a difference of authority. Industrial relations courts are authorized to adjudicate disputes from employment agreements while state courts are authorized to adjudicate disputes from service bond agreements. Appellate court as the highest court of the country must prioritize justice and legal certainty and must explicitly decide on the actual decision.

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