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INDONESIA
Jurnal Hukum Adigama
Published by Universitas Tarumanagara
ISSN : -     EISSN : 26557347     DOI : http://dx.doi.org/10.24912/adigama.v2i2.6520
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Adigama merupakan diseminasi (penyebarluasan) hasil penelitian, analisis putusan maupun kajian ilmiah konseptual dari mahasiswa beserta dengan pembimbingnya (Corresponding Author) yang terbit 2 (dua) kali dalam setahun yaitu pada bulan Juli dan Desember. Jurnal Hukum Adigama mencakup tulisan keilmuan dari segala Bidang Hukum, yaitu hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum acara.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 239 Documents
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Search results for , issue "Vol 4, No 2 (2021)" : 239 Documents clear
TANGGUNG JAWAB BADAN USAHA PERDAGANGAN MELALUI SISTEM ELEKTRONIK DALAM HAL TERJADINYA WANPRESTASI (STUDI KASUS: LAZADA VS ACHMAD SUPARDI) Nicolas Nicolas; Atalim 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.v4i2.17139

Abstract

Recently, the internet is a very important medium in everyday life and provides many benefits, one of which is the emergence of e-commerce. E-commerce itself uses the internet as a medium to provide information about certain goods being sold, such as descriptions of goods, pictures of goods sold, until the price is set by the seller. Although there are many advantages or benefits that people get from buying and selling online or e-commerce, it is not impossible for problems to arise. That arise is a problem in the agreement in the form of default. This default occurred when Achmad Supardi bought 4 motorbikes that were quite cheap, the money had been transferred by Achmad Supardi, but the transaction was canceled by Lazada and the money paid was only replaced in the form of vouchers. After the compensation was given by Lazada, there was a problem, namely the form of compensation provided by Lazada did not match the form that was first transferred by Achmad Supardi. To answer this problem, the writer uses normative research, descriptive research, and secondary data. So the result of this research is the lack of responsibility from Lazada to Achmad Supardi in compensation. Therefore, there is a need for guidelines for transactions in e-commerce.
ANALISA KEBIJAKAN KOMISI PEMBERANTASAN KORUPSI TERKAIT TES WAWASAN KEBANGSAAN DALAM RANGKA PERALIHAN STATUS KEPEGAWAIAN KPK MENJADI APARATUR SIPIL NEGARA Michael Marlee
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.v4i2.17144

Abstract

“Tes Wawasan Kebangsaan” or often referred to as TWK has attracted a lot of polemics in the community as an effort to weaken the KPK which resulted in as many as 57 KPK employees being dismissed. This problem stems from year 2021 KPK regulations Number 1354 which determine that as a condition for transitioning KPK employee status to that of civil servant (ASN), they must get a passing degree for TWK. TWK is accused as a way to weaken the performance of KPK, does not have a clear legal basis and contradicts UUD NRI 1945. This study aims to examine the legal basis of TWK for the sake of legal certainty for the Indonesian people and see how TWK influences the performance of KPK. The research was conducted using normative research with legal materials related to laws and regulations, journals and website info as non-legal materials. Research shows that TWK has a clear legal basis because it is in accordance with existing laws and regulations. However, the dismissal of 57 KPK employees is an inappropriate KPK policy because it will create job vacancies and thus affect the performance of the KPK. For the sake of KPK in eradicating corruption, KPK should try to develop those 57 KPK employees who have competence and experience, instead of simply dismissing them.
KEBIJAKAN PEMERINTAH TERHADAP PPKM DALAM MASA PANDEMIC COVID-19 DI LUAR PULAU JAWA DAN BALI BERDASARKAN INSTRUKSI MENTERI DALAM NEGERI NO 31 TAHUN 2021 Kunto Fitricia Elfisa Irian
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.v4i2.17149

Abstract

This paper is based on the current situation where there are many pros and cons regarding the Implementation of Restrictions on Community Activities. PPKM is a policy carried out by the government due to a new wave in the COVID-19 pandemic in Indonesia or the increasing number of people who are positively affected by COVID-19 in Indonesia. PPKM itself does not only apply in Java-Bali but also applies in Kalimantan, Sumatra, Nusa Tenggara, Maluku and Papua, PPKM also continues to be extended over time followed by various levels ranging from 1-4 according to the slump that occurred in the community. In the Instruction of the Minister of Home Affairs No. 31 of 2021, it is stated that following up the directives of the President of the Republic of Indonesia to implement the Implementation of Level 4 (four) CoronaVirus Disease (COVID-19) Restrictions on Community Activities in Sumatra, Kalimantan, Sulawesi, Nusa Tenggara, and Papua with criteria for level 4 (four) pandemic situations based on an assessment by the Ministry of Health. This research method is carried out using the Normative Research method by reviewing the laws and regulations relating to PPKM policies in Indonesia specifically outside the islands of Java and Bali.
PENERAPAN KONSEP WELFARE STATE DALAM PENYELENGGARAAN PELAYANAN PUBLIK DI INDONESIA Sindi Fitria; Tundjung Herning Sitabuana
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.v4i2.13568

Abstract

The concept of Welfare State prioritizes the implementation of community welfare which can be provided through good public services, where it is the right and expectation of every citizen. To construct good public services, the elements that must be fulfilled, such as the element of openness, supervision and justice. Therefore, the state has a role in managing the economy which includes the responsibility to ensure the unity of basic welfare services to a certain level.For that, the state needs cooperative contribution between the government and the society to create good public services. The concept of public services in Indonesia regulated in the Law of Republic Indonesia No. 25 of 2009 concerning Public Services hasn't shown a sufficiently ideal implementation. In fact, the public always demands the best quality service in accordance with what has been determined, especially from government officials, both private as well as others. Even though the results aren't in accordance with their expectations because the publicservices shown thus far seem slow, convoluted, expensive, and exhausting. Therefore, the duty of the state, especially public service providers, is obliged to build public trust in public services in line with the hopes and demands of all citizens and residents in Indonesia.
STATUS KEWARGANEGARAAN GANDA DI INDONESIA Femmie Cynthia
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.v4i2.17156

Abstract

Citizenship status is a right for everyone, it is stated in Article 28D Paragraph 4 of the 1945 Constitution which states that "everyone has the right to citizenship status." In Indonesia, the terms dual citizenship status (bipatride) and stateless status (apatride) are not known. However, there are exceptions regarding dual citizenship status, in Law Number 12 of 2006 concerning Citizenship it is regulated regarding limited dual citizenship status. The purpose of this paper is to find out how the regulation regarding dual citizenship status applies in Indonesia and the procedure for selecting citizenship status for children with dual citizenship in Indonesia. The research method used in this paper is a legal research method with data collection techniques through literature. The legal materials used are primary legal materials such as statutes, and secondary legal materials, namely books, doctrines and legal journals. Dual citizenship status is limited to children before the age of 18 and unmarried. After that, the child must choose one of the citizenships between Indonesian citizens or foreign citizens. The procedure for selecting Indonesian citizenship status is given no later than 3 years after turning 18 years old or already married by submitting an application along with the required documents.
PEMUTUSAN HUBUNGAN KERJA SEPIHAK (STUDI KASUS TERHADAP PUTUSAN HUBUNGAN INDUSTRIAL NOMOR 170/PDT.SUS-PHI/2020/PN.JKT.PST) Dhea Dillah Probokusumo; Gunardi Lie
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.v4i2.16989

Abstract

A one sided Termination of Employment Relationship is something that occurs due to something that results in the termination of the rights and obligations between the worker/labourer and the entrepreneur. In termination of employment sometimes disputes arise because there is no common understanding between workers/laborers and employers.. The settlement of dismissal disputes can be carried out by Bipartite, Mediation, Conciliation, Arbitration, and the Industrial Relations Court. Cases of unilateral termination of employment often increase from year to year. However, not a few cases were enforced unfairly, and harmed the workers and workers. The research method used is to regulate justice through the use of legal methods and conceptual methods. From the results of this study, the authors raised the formulation of problems related to the role of the Panel of Judges in upholding the truth, and related to unilateral termination of employment related to the rejection of mutations, especially to parties affected by a breach of contract against the work contract that binds the party This study aims to find out how the implementation of unilateral termination of employment disputes at the Industrial Relations Court and to find out what obstacles occur and provide solutions to these obstacles.
TANGGUNG JAWAB PENGURUS KOPERASI SIMPAN PINJAM JATENG MANDIRI YANG MENYEBABKAN KERUGIAN TERHADAP ANGGOTA BERDASARKAN UNDANG UNDANG NOMOR 25 TAHUN 1992 TENTANG KOPERASI (STUDI KASUS PUTUSAN NOMOR 45/PDT/2020/PT.SMG)” Tommy Suhendra; Hanafi Tanawijaya
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.v4i2.13575

Abstract

The responsibilities of the savings and loan cooperative management are based on regulations. 25 of 1992 concerning Cooperatives, cooperatives are legal entities established by individuals or cooperative legal entities, with the separation of the wealth of its members as capital for running a business, which fulfills shared aspirations and needs in the economic, social and cultural fields in accordance with the values and principles of cooperatives. . This study aims to find out, how is the responsibility of the savings cooperative management, cooperative member rights, bankruptcy cooperative that causes losses to members based on Law No. 25 of 1992 concerning cooperatives and how the rights of members in the accountability system in savings and loan cooperatives are theoretical framework used by the author here using the theory of legal certainty, justice. , responsibility, cooperative theory The author in answering these problems uses normative legal research methods, the types of materials that the author uses are primary legal materials, secondary legal materials and non-legal materials. From the research data, it is found that many cooperative administrators must be transparent and considered competent in leading so that there is no embezzlement and money laundering crime committed by cooperative management for personal interests and has an impact on defaulting on the members of the cooperative where these members provide capital to the cooperative. Therefore, the members should be more careful in choosing the management of the cooperative and must often hold member meetings which aim to find out the remaining operating results (SHU).”
TINJAUAN YURIDIS PERLINDUNGAN KONSUMEN MENGENAI PENJUALAN PRODUK MAKANAN YANG TIDAK BERLABEL HALAL MENURUT UU NO 8 TAHUN 1999 Egy Pratama; Mariske Myeke Tampi
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.v4i2.17004

Abstract

Indonesia is a country with a majority Muslim population. Food is one of the most necessary needs for humans to survive so that everyone is expected to pay more attention to the food products that will be consumed. In Islamic teachings there is an order to consume halal food and a prohibition to consume food that is haraam. Halal products are products that meet the requirements of halal in accordance with Islamic law ranging from the substance, the process and storage and presentation. This study aims to find out a juridical review of Consumer Protection regarding the sale of food products that are not labeled halal according to Law No. 8 of 1999. Consumer protection guarantee against the circulation of halal-labeled food products is guaranteed according to the prevailing laws and regulations and products labeled officially halal has provided a guarantee of legal certainty against the halal product itself which can be seen from the authority given by the government to MUI and BPJPH.
AKIBAT HUKUM TERHADAP PELAKU USAHA YANG MELAKUKAN PENGOPLOSAN AIR MINUM DALAM KEMASAN YANG MENGAKIBATKAN KERUGIAN BAGI KONSUMEN DITINJAU UU NOMOR 5 TAHUN 1999 MENGENAI LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT DAN UU NOMOR 8 TAHUN 1999 MENGENAI PERLINDUNGAN KONSUMEN (KASUS PENGOPLOSAN AIR MINUM DALAM KEMASAN TAHUN 2017 ) Hanna Margareth; Jeane Neltje Saly
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.v4i2.13589

Abstract

Community economic activities in particular are growing rapidly. Economic development covers several aspects of life in society , namely aspects of culture that are material in nature and rapidly changing and social changes in the economic field which include changes in society to meet various needs in life. One of the needs of people's lives that has an important role is the need for clean drinking water. Community life in the midst of busy activities that have taken up a lot of time and energy requires every individual to maintain good body health. Water is the largest body component and maintains the function of various organs of the human body. Adequate body fluids become very important to be maintained and noticed. Humans need quality drinking water, they need air that is safe for the body and humans are required to drink at least 2 liters of water a day. If there is a lack of water in a person's body, then humans will experience dehydration and lack of fluids in their bodies. Therefore, air has the most important role for humans to survive .
ANALISIS PERLINDUNGAN HUKUM TERHADAP HEWAN LIAR YANG TERANIAYA DAN DIPERJUALBELIKAN (STUDI KASUS: PERDAGANGAN DAGING KUCING DAN ANJING DI PASAR TOMOHON SULAWESI UTARA) Yunita Wahyu Medyawati; Mella Ismelina Farma Rahayu
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.v4i2.17014

Abstract

The city of Tomohon is famous for its extreme market that sells various animal meats that are not commonly consumed in some areas. The official name of the market is Tomohon City Faith Market. A number of animals whose meat is sold in this market include cats, dogs, bats, forest rats, wild boars, cattle pigs, snakes, etc. In this case, it is quite interesting to note that cats and dogs are not livestock that can be consumed, but wild animals and/or pets that should be human friends. The main problem in this study is the slaughtering method carried out by a number of Tomohon Market traders against cats and dogs which are considered very inhumane and against religious rules and laws. This study aims to determine the form of legal protection for wild animals that are abused and traded in the Tomohon Market, North Sulawesi. This research uses a descriptive empirical juridical method. The data sources used are primary, secondary, and tertiary data. The results of this study indicate that traders do not treat cats and dogs as they should in the Law and Animal Welfare, and many residents of North Sulawesi still consume these animals. It can be concluded that the trade in cat and dog meat is not only bad for animals, it is also bad for human health.

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