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PENEGAKAN HUKUM TINDAK PIDANA INSUBORDINASI DALAM MILITER (STUDI KASUS PUTUSAN PM NOMOR: 94-K/PM.III-12/AD/VI/2015) Anuar Bukhari; Muhammad Abudan
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.v2i1.5182

Insubordination is a criminal act against a superior committed by a TNI soldier, during office hours or outside office hours on condition that the superiors get an official order to carry out their duties or represent the company unit. Insubordination crimes is an act that is not justified among the military, because it is considered to have violated the Sapta Marga and oath of warriors which are the basis of personality patterns as TNI soldiers. In this research, there are a several of issues, first about what is an insubordination crime, and the second is how law enforcement and judges considerations in deciding an insubordination case. The research method used by the author is normative legal research. The results of the study found that law enforcement of TNI soldiers committing an insubordination criminal act is the same as law enforcement of other criminal acts carried out by military members, what distinguishes it is the court's power in the matter of prosecuting at the first level, if the defendant is a Captain down to be tried through a Military Court. Meanwhile, the defendants with the rank of Major and above were tried through the High Military Court. Judges' considerations in deciding on this insubordination case are guided by Articles 103 to 109 of the Indonesian Military Penal Code, as well as the evidence gathered in the trial, in addition, thoroughness, carefulness, and wisdom of the judge is also highly prioritized, to avoid making mistakes in decision.

Pembagian Harta Bersama Akibat Nusyuz Ditinjau Dari Besaran Kontribusi Suami Istri Dalam Pekawinan (Studi Terhadap Putusan Pengadilan Agama Jakarta Barat Nomor 572/Pdt.G/2017/PA.JB) Ajeng Anjarwati; Muhammad Abudan
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8943

Marriage is a binding legal act between a man and a woman which contains the value of worship to Allah SWT, where both the husband and wife parties contain civil aspects that give rise to rights and obligations. Rights here are what is received by someone from someone else, while obligations are what must be done to others. Wives who do not carry out their obligations can be considered as cheating wives as referred to in Article 83 paragraph (1) Compilation of Islamic Law. The problem that occurs in this case is whether the influence of nushuz on the distribution of shared assets in terms of the contribution of husband and wife in marriage based on the perspective of justice in the West Jakarta Religious Court Decision Study Number 572 / Pdt.G / 2017 / PA.JB ?. The author examines this problem by using normative legal research methods. The research data shows that there is her husband's inheritance in the form of business that is undertaken before marriage and after marriage her husband entrusts the profits of his business to his wife to be managed. Unexpectedly, in his marriage there was a problem that resulted in the fulfillment of the husband's rights because his wife had already been deceived or abandoned his obligations as a wife by leaving for no apparent reason and taking away the money from the business he trusted her by leaving him to manage the money. The conclusion drawn is that a wife's nusyuz actions affect the distribution of shared property because the wife has neglected her obligations. The distribution of shared assets can be reviewed through the contribution of husband and wife in marriage.

HARMONISASI PERATURAN DAERAH KABUPATEN BOJONEGORO NOMOR 1 TAHUN 2017 TENTANG PERANGKAT DESA TERHADAP PERATURAN PEMERINTAH NOMOR 43 TAHUN 2014 TENTANG PERATURAN PELAKSANAAN TERHADAP UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA William Benaya; Muhammad Abudan
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.v1i2.2932

The Regional Government is an extension of the central government to carry out government activities for all regions in Indonesia, and how the division and who heads the regional head is also regulated or mentioned in the Constitution of the Republic of Indonesia, namely the Constitution in Article 18. In carrying out government for the entire The Republic of The United States of Indonesia region, an effective and harmonious regional government is needed between the regional government and the central government. Effective and harmonious referred to in this writing are the accordance of regulations between Regional Government and Central Government. Therefore, in the establishment of a Regional Regulation there is a need for communication, consultation and clarification of the RAPERDA that will be made and legalized between agencies in the Regional Government and the Central Government. That way, it is expected that regional regulations will no longer be antithetic with the higher regulations in accordance with Law Number 12 of 2011 concerning the Establishment of Legislation. Regarding if there is a conflict between the Regional Regulations and higher regulations, the cancellation mechanism can be submitted to the Supreme Court.

KEWENANGAN KOMISI INFORMASI DALAM MENGADILI SENGKETA INFORMASI PUBLIK (Studi Kasus: Forum Diskusi Suporter Indonesia melawan Persatuan Sepak Bola Seluruh Indonesia) Angretta Lolita; Muhammad Abudan
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.v1i1.2134

Public information should be accessible to everyone. Information must be disclosed to the public without any limitation and transparent. Right of Information becomes very important along with more transparent state administration for public supervision and more accountable state administration. Upon enactment of Law Number 14 of 2008 on Public Disclosure, Information in the governmental public agency becomes more transparent. Public Disclosure may also over time create problems inspiring the establishment of Information Commission. Information Commission is the only agency vested with the authority to resolve Public Information Dispute. No other governmental agency or body is vested with the same authority. This is termed absolute authority of the Information Commission in resolving Public Information Dispute. However, in reality, Information Commission is proven unfair and acting beyond its authority in Decree Number 199/VI/KIP-PS-A/2014. How the Information Commission acts beyond is authority? The author examined the issue by normative method. The data of research show the weakness of the Information Commission in resolving Information Dispute. This weakness results in legal uncertainty. Information Commission must immediately evaluate the fault in such dispute.

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