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All Journal Rechtsidee Jurnal Daulat Hukum Ajudikasi : Jurnal Ilmu Hukum Publik (Jurnal Ilmu Administrasi) Hasanuddin Law Review Syntax Literate: Jurnal Ilmiah Indonesia DE LEGA LATA: Jurnal Ilmu Hukum Bina Hukum Lingkungan NUSANTARA : Jurnal Ilmu Pengetahuan Sosial International Journal of Supply Chain Management JURNAL MERCATORIA Legal Standing : Jurnal Ilmu Hukum Awang Long Law Review Unes Law Review Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Al-Dustur JUSTISI Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Ilmu Hukum KYADIREN Progressive Law Review Jurnal Hukum Adigama JURNAL USM LAW REVIEW Jurnal Suara Hukum Academia Open Jurnal Scientia Indonesian Journal of Law and Economics Review Jurnal Hukum Lex Generalis SUPREMASI Jurnal Hukum Indonesian Journal of Legality of Law Devotion: Journal of Research and Community Service Indonesian Journal of International Law JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (JHSSB) Law Development Journal The International Journal of Politics and Sociology Research Az Zarqa': Jurnal Hukum Bisnis Islam Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) International Journal Of Economics Social And Technology Indonesia Law Review (ILREV) Journal of Law, Poliitic and Humanities Bina Hukum Lingkungan Edunity: Kajian Ilmu Sosial dan Pendidikan Jurnal Indonesia Sosial Teknologi Jurnal Indonesia Sosial Sains Journal of Business, Management and Social Studies Ranah Research : Journal of Multidisciplinary Research and Development Riwayat: Educational Journal of History and Humanities LamLaj Journal of Health Education Law Information and Humanities Jurnal Serina Abdimas
Ariawan Gunadi
Faculty of Law, Tarumanagara University
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KEKUATAN HUKUM DARI PERJANJIAN DI BAWAH TANGAN PERKARA KEPAILITAN Alberta, Alberta; Gunadi, Ariawan
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.v3i2.10563

Abstract

Bankruptcy is a verdict issued by the Commercial Court, which results in general confiscation of all assets and wealth of a debtor. Whether it is owned now or in the future. The settlement would be done by a curator under the supervision of a supervisory judge. These officials were appointed immediately at the time the bankruptcy verdict is read. Substantiation at a bankruptcy case follows the regulation in the civil procedural law. Which regulates 5 evidence, that are written evidence (deed), witness, prejudices, and vow. This written evidence is divided by 2 forms, an authentic (notarial) deed and a private deed. Both have the same binding strength, however different when presented to the court as proof. Private deed is weaker, and it is an imperfect evidence since it had to be proven furthermore. Bankruptcy has to qualify the requirements stated in Article 2 and Article 8 of Bankruptcy Law 2004. With one of the terms is a simple substantiation. Which does not comply with the nature of a private deed. This shall be depended on the judge’s authority to decide.
PROMOTING REGIONAL INTEGRATION THROUGH HIGHER EDUCATION: LEGAL ANALYSIS ON THE EMPOWERMENT OF FOUNDATION IN PRIVATE UNIVERSITIES Gunadi, Ariawan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (692.367 KB)

Abstract

Higher education holds an important role in developing nation to build the manpower capacity of young generation and generate intellectual property. The same case applies in Indonesia as the most populous country in South East Asia with unmanaged higher education. Originally set out as a social entity which is engaged in nonprofit activities, some foundations have engaged in higher education. However conflict arises when the purpose of foundation is skewed for personal use that ended up disparaging other good foundations and the society in general. These issues prompted the government to promulgate Law No. 16 of 2001 regarding the Foundation and Law No. 28 of 2004 regarding the Amendment of Law No. 16 of 2001 regarding the Foundation. With this legislation, the foundation is expected to carry out specific standard and policies in managing their activities especially in order to prevent internal and external interference This article discusses on four parts: i) thetheoretical legal background of foundation in Indonesia compared to other legal entities; ii) the exposition of organs on the foundation in such as the Board of Trustees, Board of Executive and Board of Supervisory; iii) The analysis of role between foundation and universities, including examples of internal and external conflict as study case; and iv) the role of foundation to enhance Indonesia’s regional position in the international community.
REVIEW OF MALPRACTICE AMONG LAND DEED OFFICIALS FROM THE POINT OF CRIMINAL LAW Putri, Destia Liana; Gunadi, Ariawan
Progressive Law Review Vol 3 No 02 (2021): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i02.54

Abstract

This study discusses malpractice among PPAT related to alleged violations of the law against the deed he made. This was motivated by the presence of PPAT who was suspected of committing an act that was indicated as a crime so that it was reported to the Police Investigator. In this case, it is necessary to prove the truth because the PPAT deed is an authentic deed that is binding on the parties and is perfect, then PPAT has its own Code of Ethics and Law that must be obeyed. The purpose of this study was to determine the criteria for malpractice PPAT? Criminal liability if PPAT commits malpractice? The ideal supervision reconstruction of PPAT in terms of minimizing the occurrence of malpractice among PPAT? The research method used in this research is using normative juridical research methods, namely library law research supported by interviews. The results showed that the criteria for malpractice PPAT must meet 7 legal signs which are instructions that must be obeyed by PPAT, in cases that have occurred if PPAT actually commits malpractice, criminal sanctions are applied in Article 263 of the Criminal Code regarding letter falsification, the supervisory mechanism for PPAT is divided in 3 levels, namely Regional, Regional and Central
LEGALITAS SISTEM MONETISASI LOOTBOX DALAM TRANSAKSI GAME ONLINE BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 JO UNDANG-UNDANG NOMOR 19 TAHUN 2016 Muhammad Theo Rizki Putra; Ariawan Gunadi
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.v3i1.9404

Abstract

The advancements in technologies of the current world has given birth to many new services for daily consumption and the general betterment of quality of life. These services can be in the form of recreational applications, also known as video games. One of the monetization system used by the video games industry is lootbox monetization system, a system where consumer can buy a lootbox containing of randomized virtual items using real money or other currencies and has raised concerns about the legality of such practices in the eyes of Indonesian laws. How is the legality of this lootbox monetization system according to Act 19 Year 2016 jo Act 11 Year 2008? How responsible is the goverment towards the negative influences and effects of lootbox monetization system? This journal is written using the normative research method. The research data shows that lootbox monetization system has inherent gambling elements and negative influences, but legally still in the grey area of the law. These gambling elements are illegal in the eyes of Indonesian laws and regulations The goverment has to conduct a legal research on lootbox monetization system, and to regulate such practices in Indonesia.
ANALISIS PERLINDUNGAN HUKUM ATAS PENGHAPUSAN MEREK SECARA SEPIHAK OLEH DIREKTORAT JENDERAL KEKAYAAN INTELEKTUAL (Contoh Kasus: Putusan Nomor: 575 K/Pdt.Sus-HKI/2020) Theresia Wijaya; Ariawan Gunadi
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.v3i2.10560

Abstract

Mark registration in Indonesia is carried out on the basis of the first to file principle which ensures that the first registrant is the legal owner of a Mark who has executive rights over a Mark. However, the development of the world of commerce encourages people to register their trademarks. And in the process, Double Registration often occurs. This thesis discusses the Trademark dispute between Ruben Onsu and Benny Sujono. This Mark Dispute will look at the fact which party is the first registrant, thus Marks which have similarities in essence will be canceled as contained in Decision number: 575 K / Pdt.Sus-HKI / 2020. In the dispute, a new problem arose in which Benny Sujono's Mark, which was the first registered and legal mark, was deleted under the argument of Article 72 of the Law on Trademarks and Geographical Indications as well as disturbing peace in society. Referring to the problem, the author uses normative legal research methods and the results of the research show that the negligence and subjectivity of the examiner are factors that cause double registration in trademark registration. And the elimination of a mark by the Directorate General of Intellectual Property cannot be done because there are no elements that are violated from Article 72 of the Trademark and Geographical Indication Law. Thus, it is concluded that the deletion of the Mark is inappropriate. On this basis, the author recommends taking legal remedies by filing a lawsuit at the State Administrative Court
AKIBAT HUKUM BAGI PEMILIK SATUAN RUMAH SUSUN TERHADAP DEVELOPER RUMAH SUSUN YANG DINYATAKAN PAILIT OLEH PENGADILAN NIAGA Teddy Francis; Ariawan Gunadi
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.v3i2.10613

Abstract

The apartment developers who still have responsibility to the buyers and owners of the apartment units must do maneuvers to maintain the continuity of the company even in an economic crisis. However, when a developer is unable to pay their debt and is declared bankrupt, there will be legal consequences for the buyers and owners on the ownership of the apartment, considering that developer still has responsibility. According to the author's analysis, when the developer goes bankrupt, the main certificate of the apartment becomes bankruptcy property and will be auctioned. The impact for buyers/owners who are still in the PPJB (sale and purchase binding agreement) stage is the cancellation of the PPJB followed by the creation of a new PPJB with the new developer or the owner can choose not to continue purchasing the apartment and become a creditor who can claim compensation, the impact on owners in the AJB (sale and purchase deed)/certified stage is that they still have rights ownership of apartment. In conclusion, the legal consequences for buyers/owners of flat at the PPJB stage depend on the actions chosen by the curator and the buyer/owner after the bankruptcy. Owners/buyers with AJB and certificates keep their ownership. The author's suggestion is Indonesian Law should clarify the definition of bankruptcy property, improving protection of apartment owners in the Apartment Law, Bankruptcy and Suspension of Payment Law, and Job Creation Law, harmonizing the understanding of the necessity of making PPJB in front of a notary in Indonesia  Law.
ANALISIS PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA PT UNIVERSAL FOOTWEAR UTAMA INDONESIA AKIBAT KEPAILITAN PERUSAHAAN BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS PUTUSAN NOMOR 12/PDT.SUS-PKPU/2016/PN. NIAGA.JKT.PST) Marchel Thobie; Ariawan Gunadi
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 | Full PDF (443.187 KB) | DOI: 10.24912/adigama.v2i1.5264

Abstract

The  case faced in  writing  this scientific paper is how  the legal protection of the workers     of  PT Universal Footwear Utama Indonesia who were declared bankrupt in Decision No.               12/Pdt.Sus-PKPU/2016/PN.Niaga. Jkt Ps t who have not paid salaries for 3 months and severance pay until now in 2018   and   how  the   responsibility  of  the curator for the bankruptcy of PT Universal Footwear Utama  Indonesia  after auctioning off the auction for salaries and severance labor. The research  method  used  in  this  study is  normative  legal  research. The results showed that the legal protection of the workers of PT Universal Footwear Utama Indonesia who were declared bankrupt in Decision  No. 12/Pdt.Sus-PKPU /2016/PN.Niaga/Jkt.Pst  who have not paid salaries for 3 months and severance pay until now in 2018, in principle all wages of arrears of workers (employee salaries) must be paid after the assets  of  the bankrupt Debtor have sold and the  Distribution  list has  been  determined   by  the  Court  on the proposal of the curator.        The responsibility of the curator for the bankruptcy of PT Universal Footwear Utama Indonesia after the bankruptcy of the auction was sold against the salary and severance of employment                 was   based   on   Article 74 of  the Bankruptcy Act.  The task of the curator is to share the proceeds of the sale of bankruptcy to the creditors in the order (their respective ranks
ANALISIS TERHADAP SYARAT KEPAILITAN PADA PASAL 2 AYAT (1) Jo. PASAL 8 AYAT (4) UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (STUDI KASUS PUTUSAN NOMOR 05/Pdt.Sus-Pailit/2019/PN Niaga Jkt. Pst) Andre Kiemas; Ariawan Gunadi
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.v3i2.10566

Abstract

At this time bankruptcy is very important in the business world. In the business world there must be debtors and creditors. To protect the interests of creditors and debtors, a bankruptcy law is required. This bankruptcy originates from the debtor's inability to pay bills, but in practice it is often the debtor's unwillingness to pay debts that are due and can be collected, so bankruptcy laws are needed to protect both parties, both debtors and creditors. This application for a bankruptcy statement can be submitted by creditors or debtors to the head of the court, so the judge in charge of bankruptcy cases is the panel of judges in the commercial court. In proving bankruptcy in a commercial court, the proof must be done simply or follow the simple proof principles listed in Law Number 37 Year 2004 concerning Bankruptcy and postponement of debt payment obligations. However, problems arise in how the conception of this simple proof occurs, because there is often inconsistency in the interpretation of the conception of simple proof, as well as problems regarding the presence of creditors mentioned in the trial whether they are obliged to attend or not in the trial of the bankruptcy case. So that the authors conducted research to discuss existing problems using normative research methods supported by interview data.
ANALISIS TERHADAP INTEGRASI VERTIKAL DITINJAU DARI PASAL 14 UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT (STUDI KASUS PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA NOMOR 13/KPPU-I/2019) Vanessa Widjaja; Ariawan Gunadi
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.v3i2.10562

Abstract

In competition law, vertical integration is known as a business strategy. Vertical integration is the merger of two or more companies into one vertically related company. If vertical integration is carried out with the intention of inhibiting business competition and the economy at large, it is contrary to Article 14 of Law Number 5 of 1999 regarding the prohibition of monopolistic practices and unfair business competition. Therefore, every vertical integration requires further research using the rule of reason approach to see how and the extent to which this integration has an impact on business competition. However, the application of Article 14 vertical integration in Indonesia often creates pros and cons because people's perceptions often differ in the interpretation of the article.Therefore, this research looks for a common thread in order to achieve clarity regarding the application of Article 14 of Law Number 5 of 1999 to be applied in a case of vertical integration.
PERLINDUNGAN HUKUM TERHADAP PEMODAL DALAM PENAWARAN EFEK MELALUI LAYANAN URUN DANA BERBASIS TEKNOLOGI INFORMASI (Studi Perbandingan di Indonesia dan Amerika Serikat) Monica Blazinky; Ariawan Gunadi
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.v4i2.18027

Abstract

Some time ago a new legal institution emerged in the form of a crowdfunding service agreement through an information technology-based stock offering. This form is the result of the adoption of business arrangements in several developed countries carried out by business people by involving technological sophistication. This crowdfunding service is growing rapidly in Indonesia, there are concerns about legal protection for users, including investors. The risk of fraud is quite high because the issuers in the Securities Crowdfunding are start-up companies that can be shaken and go bankrupt and the investors are novice investors. Therefore, the issue of legal protection becomes an urgent matter to be studied so that investors do not experience things that can be detrimental. Investor protection in SCF services is a concern because in the next 10 years SCF will become one of the platforms for MSMEs and start-up companies to get capital. The author uses normative research methods, with the help of primary and secondary legal materials. The results of the study explain that legal protection for investors in SCF services in Indonesia is a very important matter to be studied. In contrast to the United States, which has implemented a secondary market that helps investors to sell their securities and easily withdraw them. But some time ago, Indonesia just implemented the secondary market. This is done to protect investors, but the regulation POJK 57/POJK.04/2020 has not regulated the mechanism for implementing the secondary market. So, the OJK needs to optimize the regulation so that in the future the legal protection and mechanism will be adequate.
Co-Authors Agustin, Dila Wahyu Alberta, Alberta Alexander Arcelino Gunadi Amad Sudiro Ambarita, Dicki Candra Amrie Firmansyah Andre Kiemas Anthony Willyus Wongkar Antonius Ferry Bastian Aprilia, Indah Siti Aulia, Riska Awuy, Euginia Nataniela Ayu Puspita Sari Baehaqi Bianty, Thisia Bondan Cahyadi Budi Prana Prasetyo Calvita Candra, Marvin Carsnelly, Eileen Cendranita, Ivannia Chandra, Edwin Chandra, Yulius Charomain, Mochammad Imam Christina, Nadya Christopher David Nagaria Claudia, Zulian Clementino Moningka, Yosia Cornelia Alpha Daniel Daniel Darren Andreas Dave Chrysander Defilania, Oktri Dewi Rahma Dewi Wulandari Dharmasetya, Lani Ekaratri, Azkia Elysia Wilhelmina Rengkung Endison Ravlindo Evelyn Fahri, Achmad Febrianto, Rizky Ferdinandus Zulvacar, Nathanael Ezekiel Fionita, Jessica Frederick Septian Tuwan Fredrik Siregar, Aristoteles Gerhard Frisca Delicia, Nadya Frisca Frisca Grace Priskilla Suwanto Graciella, Eunike Gumintang, Galuh Gilang Gunardi Gunardi Gunawan, Berry Hakim, M. Rizky Aulia Harjanto, Devy Yulyana Hasan, Laura Kurniadi Herman Joseph Hummerson, Laureen Aurora Ilyasa, Farhan Hamka Irma, Febriana Jennifer Jennifer Jessica Candakentjana Jessica Jessica Joeliant, Hanz Bryan Juan Davis Elhanan Kamil, Renita Kevin Veronica Halim Khanifa Fauziah Khantidevi Lukmadi, Fionna Khutub, Muhammad Kiemas, Andre Kurniawan, Cicelly Chiesa Lestari, Novianti Lina Kristie Yonathin Lisa Putri Utami Loka, Silvia Lukita, Hans Made Aubrey Josephine Angelina Mahardhika, Dutasena Mahieu, Feybiola Cecilia Makawowor, Chelsea The Marchel Thobie Maria Cecilia Nugroho Marshella Cenyvesta Martheo, Felicia Martono Martono Matheus, Juan Mayvians, Tidelstein Melani Harly Melvina Michelle Nathania Michelle Starla Ongko Michelle, Grace Bernadette Mingga, Britney Wilhelmina Berlian Mita, Ermita Ekalia Monica Blazinky Muhammad Abdurrohim Muhammad Awal Alishakur Muhammad Theo Rizki Putra Muzacky, Ahmad Nadhea Tungga Devi Naftalie, Livia Aurelia Nagaria, Christopher David Nugroho, Hizkia Ivan Oping, Timothy Farrel Pagrelia, Yuda Tri Panji Ramadhan Paramitha, Chintya Lie Pascal Amadeo Yapputro Pasyah, Rabbil Arya Petrosina Matauseja Huka, Christia Prasanti, Nandani Bayu Puspa Hartanto, Adinda Puspita, Lidya Putri, Amanda Fitriani Eka Putri, Amelia Natalie Putri, Destia Liana Putri, Pricilia Dwi Anggreni Putri, Qonita Rizqi Iffani Raymond Kusuma Reyza Julianda Mahabati Ricky Ricky Rimandita, Tiffani Rizki, Muhamad Abdul Jamil Rohaya, Nizla Salim, Gerardus Aldo Samudra, Muhammad Bima Samuel, Maria Gabriela Samuel, Yoel sari, nike kumala Shahan, Akbar Helmie Nur Shasmita, Sylvia Stephanie Patricia Prasetyo Suwinto Johan Sylvia, Sylvia Tanera, Lauren Teddy Francis Theresia Wijaya Tsabita, Nabilla Mahva Vanessa Widjaja Vianka, Maria Ibella Vina Octavia Vincent Vincent, Vincent Vivi Heniasy Wanibe, Kenji Dustin Wonohadidjojo, Christopher Howard Yanuar Putra Erwin Yolanda, Maureen Keisha Yudha, Ivan Tirta