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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
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Neuroscience Physics Public Health Social Sciences Transportation Other

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PERLINDUNGAN HUKUM PERDATA DALAM HAL PEMBAJAKAN ATLET E-SPORT ANTARAATLET DENGAN PT. ECHO E-SPORTS INDONESIA Melani Harly; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Agreement is an event when someone has promised or when one person with another person makes an agreement with each other between the two parties.In this study the author will discuss the existing agreements in E-Sports. The definition of E-Sports itself is an electronic game that is competitive in nature. In this case, the author is interested in analyzing legal problems that may occur in E-Sports athletes, such as doing actions that can harm other parties and not fulfilling the agreements that have been signed in the E-Sports contract. One of the problems that the author will discuss is regarding the piracy of E-Sports athletes or can be called Poaching. Poachingcomes from English which means piracy or illegal hunting. Things like this can also be referred to as contract breaches or breaches of contract. The purpose of this study is to provide readers with an understanding of the forms of protection against unwanted actions that occur in the world of E-Sports. The method used to answer the problems that have been formulated in this study is a normative legal research method.
ANALISIS HUKUM ATAS INDEPENDENSI ARBITER Dewi Rahma; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

One of the problems that may arise when carrying out the process of resolving cases in arbitration is regarding theneutrality or independence of the arbitrators chosen by the applicant and the respondent to the arbitration. Althoughit is very rare, but in fact in some cases it can happen. The chosen arbitrator is indicated to be siding with one of theparties due to having blood relations with the Petitioner or Respondent, or may also have financial or other interestsin the arbitration award. If it is proven that an arbitrator is not independent in the arbitration dispute resolutionprocess, then the applicant or respondent may file a denial of the arbitrator. In practice, the reasons for impartialityand reasons for independence are the two main reasons put forward by the parties. This independence is defined asthe arbitrator's dependence on the party who appointed him and this dependence is not related to any relationshipor financial interest in the dispute. This independence intersects with the psychology of an arbitrator. For example,this can be seen in international disputes, where the arbitrator comes from the same nationality as one of theparties. Meanwhile, impartiality is more closely related to an arbitrator who is openly seen as siding with one party.For example, in a trade dispute where one of the parties is a trade organization and the chosen arbitrator is amember of that trade organization. This of course makes the arbitrator not neutral or partial.
KEDUDUKAN HUKUM AGEN ASURANSI BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Cornelia Alpha; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Insurance agents play an important role in the success of insurance companies. They are in charge ofrepresenting their company in marketing the products that they sell, as well as providing assistance infiling company documents and performing transactions with the customers of their company. The basisof cooperation between insurance agents and their company is an agency agreement that containselements that revolves around work, orders and wages agreed upon by both the insurance companyand their agents who are assigned to represent the company whenever they interact and provideservices to their customers. This is a normative research with descriptive methods. The resultsconcluded from this research is that the position of the insurance agents can not be regulated directlyin the Manpower Act. Insurance agents are only freelance workers who have signed an agreement thatis subject to the provisions of Article 1320 and Article 1338 of the Civil Code. The agency agreementitself fulfills the characteristics of a work agreement that contains elements that revolves around work,orders and wages. However, insurance agents themselves can be classified as workers who work andreceive wages.
ANALISIS TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN ATAS DUGAAN MANIPULASI HARGA MASKER DI TOKOPEDIA BERDASARKAN UNDANG UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Alexander Arcelino Gunadi; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The COVID-19 pandemic that is currently engulfing Indonesia has caused public health concerns.The need for masks is a major item in the face of this pandemic. Due to the high public need forhealth, business actors commit fraudulent acts for their own benefit by increasing the price of masks.Consumer protection is “a way to give consumers a protection and a guarantee of legal certainty.The problem faced is what is the responsibility of business actors and legal protection for consumersagainst alleged manipulation of mask prices at Tokopedia based on Law Number 8 of 1999concerning Consumer Protection. The research method used in writing this thesis is normativejuridical law research. The results of the study show that the responsibility of business actors relatedto this research cannot be found in violation of the UUPK and there are no provisions concerningthe obligations of business actors to maintain the exchange rate of goods in order to remain inaccordance with the conditions and quality of goods. " The responsibility of business actors alsocannot be held for a material responsibility, but only a moral responsibility can be sought.Consumer protection against the behavior of business actors in fraudulent acts to increase the priceof the masks is not maximized and requires special arrangements in relation to these problems.
AKIBAT HUKUM WANPRESTASI TERHADAPAKTA KESEPAKATAN BERSAMA YANG DIBUAT DI HADAPAN NOTARIS (STUDI KASUS PUTUSAN PENGADILAN NEGERI BEKASI NOMOR 339/PDT.G/2019/PN.BKS) Herman Joseph; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The application of the law is an application that has been determined by the government as areflection of the rules that must be obeyed by law enforcement of icials and the public. Agreement is anegotiated and typically legally binding arrangement between parties as to a course of action theabsence of incompatibility between two things. In agreement, there are the terms called default (breachof contract). Default refers to non-fulfillment of an 'achievement' in the agreement which can be afailure to, do something, not do something, or pay an amount. Breach refers to breaches of anagreement in general, such as violations of the statements and guarantees, not cheating and so on,including default. It can be said that if a party is in default, that party is definitely in breach (ofcontract), but if a party is in breach (of contract), that party is not necessarily declared a default withall the consequences Based on article 1243 of the Civil Code which states that the definition of defaultis "reimbursement of costs, losses and interest due to non-fulfillment of an engagement, then itbecomes mandatory, if the debtor, after being declared negligent in fulfilling his engagement, continuesto neglect it, or if something must be given or made, can only be given or made, can only be given ormade within the deadline that has been passed”
PERLINDUNGAN KONSUMEN MENGENAI PERTANGGUNGJAWABAN TAGIHAN PEMBAYARAN PENJUMPERAN LISTRIK Bondan Cahyadi; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Consumer protection according to the Consumer Protection Act itself is all ef orts to ensure legalcertainty for consumers, consumer protection is certainly made to eliminate the gap between businessactors and consumers, where business actors are certainly more dominant than consumers. Therefore,this research was conducted to eliminate the gap between business actors and consumers. There are somany business actors who do not follow the Consumer Protection Act to get more benefits for them.For example, there are consumers who have to pay fines that they have never done before but are stillforced to pay the fines. How is the legal protection? Therefore, this research is intended so that in thefuture there will be no more incidents like this where consumers are very disadvantaged because ofactions taken by business actors. Thus, the Consumer Protection Law must be implemented very wellso that Business Actors do not act arbitrarily to Consumers.
What Could ASEAN Learn about Bankruptcy Law from ASEAN Partner Countries, China and Japan? Suwinto Johan; Amad Sudiro; Ariawan Gunadi
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.3692

Abstract

By 2021, Japan will have the third-largest economy in the world, behind China, which is currently the world's second-largest economy. China accounts for 17.9% of the global gross domestic product (GDP), while Japan accounts for 5.4 percent. In 2022, the Association of Southeast Asian Nations (ASEAN) and Asia Pacific countries, such as Australia, will establish the RECP (Regional Comprehensive Economic Partnership), becoming the world's largest free trade area cooperative bloc. On the other hand, it brings within several investment risks. Undertakings succumbing in the financial hardships or financial default will be manifested. Diverse legal systems result in different approaches to resolving defaulted businesses. For businesspeople, this disparity in the legal system creates legal uncertainty. The goal of this study is to describe how the bankruptcy system works in RCEP member countries and what ASEAN nations may do to improve their bankruptcy laws. The normative legal method is used in this study. This method compares the legal systems of the top ASEAN countries and other RCEP members. This analysis concludes that ASEAN bankruptcy legislation can be improved by using current systems from other ASEAN and RCEP nations. When faced with bankruptcy, the consistency of regulations is supposed to give legal certainty for corporate actors. This will also provide investors from other countries with a sense of security.
Forced Resignation of Financial Industry Workers by Employers Judging from The Legislation Suwinto Johan; Ariawan Gunadi
JURNAL MERCATORIA Vol. 15 No. 2 (2022): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v15i2.7030

Abstract

This study aims to discuss the impact of employer-forced layoffs on employees. Industrial interactions between employees and employers are sometimes a source of contention. In a country's economy, the financial industry plays a critical role. Both parties need each other, yet their tactics are very different. The government is the only party with authority to settle labor-management disputes. Employer-initiated layoffs (PHK) harm the economy, particularly in the country's financial sector and socio-political life. Unemployment will rise as a result of layoffs, causing national instability. Unemployment can lead to riots and other social problems. This discussion is based on the Manpower Law's normative. This research employs a normative legal approach. Forced layoffs or revisions to worker resignations, according to this study, violate the Manpower Act. The rights of workers who wish to resign and workers laid off differ significantly. Instead of layoffs, companies might save money on severance pay by having employees retire. The company's responsibility to give compensation in severance pay and other workers' rights will be eliminated if employees depart. Dispute resolution forums can help workers and employers work out their differences.
TINJAUAN YURIDIS TERHADAP TANGGUNG JAWAB PERBUATAN MELAWAN HUKUM OLEH KARYAWAN PT. DAVI ETANIA ABADI (STUDI PUTUSAN PENGADILAN NEGERI JAKARTA BARAT NO. 598/PDT.G/2020/PN.JKT.BRT) Dave Chrysander; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

An unlawful act is not only one that goes against written rules but also one that goes against the legal obligations of the perpetrator as well as the subjective rights of others.This study's problem lies in the Civil Code's formulation of compensation for illegal acts and in the West Jakarta District Court's application of responsibility for illegal acts in Decision Number 598.Pdt.G/2020/PN.Jkt.Brt.By using statutory and case-based approaches to the literature review, normative legal research was used as the research method.The author's analysis of the findings of the research indicates that the Defendant committed an illegal act by stealing company funds.The plaintiff's condition was not restored to its original state, and the defendant's compensation was not nominally satisfied. When making their decision on Case Number, the Panel of Judges took these factors into account: 598/Pdt.G/2020/PNJkt.Brt.in this case, the Panel of Judges determined that the defendant had committed an illegal act by first stating the facts that can be obtained from the written evidence and witnesses submitted by the Plaintiff, which can be proven to be true that the plaintiff and the defendant have embezzled company money and resulted in a loss for the plaintiff.
PERLINDUNGAN HUKUM TERHADAP JURNALIS DALAM MENULISKAN BERITA KEPADA MASYARAKAT SEBAGAI WUJUD KEBEBASAN BERPENDAPAT DAN KONTROL SOSIAL DITINJAU DARI UU PERS DAN UU ITE (Studi Kasus: 46/Pid.Sus/2021/PN.Plp.) Vina Octavia; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Freedom of the press is one manifestation of the mandate of Article 28F of the 1945 Constitution of the Republic of Indonesia which reflects the freedom to use various media in terms of seeking, obtaining, possessing, storing, processing and conveying information. In carrying out its functions, rights, obligations and roles, the press respects human rights, and must be professional and controlled by the community. Today, there is a phenomenon of press criminalization caused by journalistic products reported by parties who feel aggrieved. The research method used is normative juridical research. The results of this study are that legal protection for the press as a social institution and vehicle for mass communication that has freedom of expression and independence has been explicitly and surely accommodated in Article 8 of the Press Law. However, often this legal protection does not work as it should in social life. Journalistic products produced by the press and press companies should not be criminalized or brought into the realm of crime. Therefore, it is necessary to re-enforce the mechanism regarding settlements related to the press and adjustments to the Press Law and ITE Law must be made.
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