Jurnal Hukum Adigama
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.
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<![CDATA[ANALISIS PERTIMBANGAN HAKIM TERHADAP KOMPETENSI RELATIF ATAS GUGATAN SEDERHANA (Studi Putusan Nomor 3/PDT.G.S/2021/PN. Rkb) ]]>
<![CDATA[Elisa Setyowati Edison]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.18008
<![CDATA[An agreement is a legal relationship in the field of civil law that regulates the legal relationship between individuals in society. In the settlement of the dispute non fulfilment in court, the plaintiff can file a small claim court if the material lawsuit is at most around Rp. 500,000,000 (five hundred million rupiah) and if more than that then it can be filed a lawsuit for ordinary civil cases. Competence or authority in legal entities consists of two competencies, namely absolute competence which is an authority to the scope of the judicial environment division system, including General Justice, Religious Justice, Military Justice, and State Administrative Court. Relative Competence is the authority related to the District Court in the jurisdiction of the parties. Absolute Competence regarding a judicial body is limited by Relative Competence based on the jurisdiction of the parties to the dispute. The enforcement of the benchmark actor sequitur forum rei aims to protect the defendant and if the lawsuit is filed by other jurisdictions it is considered a legal rape against the interests of the defendant in defending himself. What is meant in the defendant's residence includes his residence, the place of certain address, or the actual place of residence which means where the defendant actually lives. The power of the judge in adjudicating and deciding cases is by independent and free power which means if a judge has been given a power over a particular case then the right to the case is the panel of judges who can decide and try the case with deliberation that is only carried out by the panel of judges in the case without any interference by outside parties.]]>
<![CDATA[KETERKAITAN MENGENAI KEPEMILIKAN AKSES BIG DATA TERHADAP HUKUM PERSAINGAN USAHA ]]>
<![CDATA[Andriyanto Andriyanto]]>;
<![CDATA[Ariawan Gunandi]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17765
<![CDATA[Along with the development of the times which of course increasingly sophisticated technology as like today, bringing us into the era of revolution 4.0. One of the important components for developments in this era of industry is the presence of Big Data. This Big Data is widely used by companies in business to be able to get a clear picture of consumer behavior and analyze the data to be able to draw the conclusions and also what consumers need in the market. And this of course gonna give a company more access to the market channels in many ways. Unfortunately, this way has the potential to make some company who has access to big data have a dominant position in the market which can lead to monopolization of the market and control over market share. The purpose of this conceptual article is to provide an overview of big data from a competition law perspective and provide advice to the authorities to regulate and supervise the ownership of company access to Big Data that can potentially create a monopolistic market.]]>
<![CDATA[AKIBAT HUKUM PEMBATALAN SEPIHAK MASKAPAI LION AIR YANG MERUGIKAN PIHAK PENUMPANG BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN (STUDI KASUS ATAS PUTUSAN NOMOR 471 PK/PDT/2017). ]]>
<![CDATA[Andreas Even Limarus]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.18003
<![CDATA[Indonesia has thousands of islands, therefore transportation is needed that can cross the island, one of which is an airplane, this transportation is very much needed to travel anywhere but airlines in Indonesia sometimes make negligence that harms passengers. legal consequences of unilateral cancellation by Lion air airline against passengers. 471 PK/PDT/2017 In the case of legal consequences of unilateral cancellation of Lion Air Airlines which are detrimental to the Passengers based on Law Number 1 of 2009 concerning Aviation. Researchers use the normative method that is based on the law. To regulate the responsibility of the researcher, the focus is on Law Number 1 of 2009 concerning Aviation and the Civil Code. The data and theory used by the researcher shows that there are errors that arise from the airline, where passengers come to the airport and when they want to check-in and when they want to check-in other passengers cannot fly because of the full capacity of the aircraft. We recommend that if there are no urgent circumstances from physical limitations, there is no need to provide a check-in queue which makes check-in impossible]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KURA - KURA SULCATA SEBAGAI SATWA LANGKA BUKAN ASAL INDONESIA DALAM PERSPEKTIF INTERNASIONAL DAN NASIONAL ]]>
<![CDATA[Jennyver Willyanto]]>;
<![CDATA[Mella Ismelina Farma Rahayu]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17922
<![CDATA[The existence of animal in this world is needed for human needs and often overused causes the extinction of these animals. One of the activities that occur in the extinction of animals is that trade is carried out not only for endangered animals nationally and internationally. Sulcata tortoise are listed at CITES and IUCN as endangered spesies, at 2018 TRAFFIC report for Indonesia there is still a lot of trade in these endangered species that means Sulcata tortoises can’t be trade without illegal and if want to trade their have to had some permission for trading Sulcata tortoise. The problem is Indonesia doesn’t legally protecting the trade of Sulcata tortoises. Endangered species, so that legally in Indonesia allow these endangered animals to be traded. With this, the question arises how are the legal protection of the Sulcata tortoise internationally and how it is adopted nationally. Internationally, the Sulcata tortoise is said to be an endangered species, so that trade is not permitted arbitrarily without the required documents, but nationally in Indonesia, the Sulcata tortoise is traded widely, causing the population of Sulcata tortoises to decrease. The laws and regulations in Indonesia are not fully regulated protected Sulcata tortoises because the ratification is carried out in the form of a presidential decree so that it is incomplete with the regulations that adhere to the ratification of the international treaty so that it is not only a complete legislation but also the legal structure and legal culture that affect the that matter.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGGUNA OBAT PELANGSING “RD PELANGSING” TANPA IZIN EDAR (Studi Putusan Nomor: 142/Pid.Sus/2020/Pn.Ktn) ]]>
<![CDATA[Sabrina Sana’a Husna]]>;
<![CDATA[Jeane Neltje Saly]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.18018
<![CDATA[Southeast Aceh Regency is famous for many cases of selling Slimming Drugs without a distribution permit and prohibited from being circulated by BPOM. One of them is RD Slimming Drugs. RD Slimming drug is famous for losing weight fast, 1 bottle contains 30 capsules. People who are interested in slimming drugs are very much able to lose weight quickly without having to be tired, difficult and tired. The RD Slimming drug is proven to contain sibutramine, where the sibutramine content in the slimming drug is considered dangerous and has side effects. Where should slimming drugs only contain herbal ingredients that are harmless and safe for consumption. The problem in this study is that business actors do not include information about the composition of the slimming drug content, side effects of the drug in the packaging label and description of the drug. RD Slimming drugs are also not registered with BPOM but are still traded by business actors against the provisions of the Act. The purpose of this study was to determine the form of legal protection for consumers who use RD Slimming drugs without a distribution permit in Aceh. This research uses a descriptive normative juridical method. The data sources used are primary, secondary, and tertiary data. The results of this study indicate that business actors know that the RD Slimming Drug does not have a distribution permit but is still circulated and does not include the composition and side effects on the packaging label. In conclusion, consumers are harmed by business actors who deliberately trade and sell RD Slimming Drugs without a Marketing Permit so that it has a bad impact on consumer health.]]>
<![CDATA[ANALISIS KEABSAHAN DAN EFEKTIFITAS HUKUM PELAKSANAAN RAPAT UMUM PEMEGANG SAHAM (RUPS) PERSEROAN TERBATAS YANG DILAKUKAN SECARA DARING (ONLINE) ]]>
<![CDATA[Harry Harry]]>;
<![CDATA[Ariawan Ariawan]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17814
<![CDATA[As time goes by, of course, Science and Technology continues to develop, so that there are facilities such as internet networks and electronic media that can be used for two-way communication and allow each other to see each other such as chat, teleconference and video-conference . The implementation of the General Meeting of Stakeholders (GMS) can also be carried out by teleconference, considering the cost and time efficiency.This study aims to determine the mechanism of the general meeting of shareholders limited with online media as well as the validity of the statement on the minutes of the meeting decision general meeting of shareholders limited liability company that carried out through media teleconference by positive law in Indonesia and to review the legal effectiveness of holding general meeting of shareholders with online media]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PEMODAL DALAM PENAWARAN EFEK MELALUI LAYANAN URUN DANA BERBASIS TEKNOLOGI INFORMASI (Studi Perbandingan di Indonesia dan Amerika Serikat) ]]>
<![CDATA[Monica Blazinky]]>;
<![CDATA[Ariawan Gunadi]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.18027
<![CDATA[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.]]>
<![CDATA[ANALISIS PEMBATALAN PERJANJIAN PENGIKATAN JUAL BELI (PPJB) SECARA SEPIHAK YANG DILAKUKAN OLEH KREDITUR (STUDI PUTUSAN PENGADILAN NEGERI BEKASI NOMOR 39/PDT.G/2019/PN.BEKASI) ]]>
<![CDATA[Vanny Grace Angelina Tampubolon]]>;
<![CDATA[Hanafi Tanawijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17939
<![CDATA[Buying The Buying and Selling Binding Agreement has contained the rights and obligations of the parties who make it. Buying and Selling Binding Agreements (PPJB) often experience obstacles in practice, problems related to the agreement resulted in the agreement being canceled. The Buying and Selling Binding Agreement (PPJB) may be cancelled unilaterally by either party or by agreement of both parties. Unilateral cancellation of the agreement, of course, causes losses for the parties, so there needs to be a protection due to the cancellation of the agreement. This writing has a problem, namely how the mechanism and legal consequences for the cancellation of PPJB in the Decision of the Bekasi District Court Number 39 / Pdt.G / 2019 / PN. Bekasi. This writing also aims to find out the mechanism and legal consequences of the cancellation of PPJB in the Decision of the Bekasi District Court No. 39 / Pdt.G / 2019 / PN. Bekasi. This research uses this type of normative or doctrinal juridical law research. The short method used is a statute approach by collecting data that includes library research based on qualitative data analysis that can be interpreted in the form of sentences described systematically, clearly, and in detail. The conclusion of this study is the void of norms related to the creation of the Unilateral Buying and Selling Binding Agreement (PPJB), so as to cause legal consequences and agreements that have previously been made to become void or in other words the agreement becomes terminated and the parties are no longer bound as long as necessary as stipulated in Article 1266 of the Civil Code. As a result of the cancellation, the debtor feels aggrieved and the creditor must return the down payment (DP) that has been paid by the debtor to the creditor in accordance with the Decision of the Bekasi District Court No. 39 / Pdt.G / 2019 / PN. Bekasi). If the Creditor does not carry out in accordance with the Court's Decision, then there are sanctions that must be accepted.]]>
<![CDATA[EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA TERHADAP SENGKETA PERTANAHAN MENURUT HUKUM POSITIF DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 188 PK/TUN/2018) ]]>
<![CDATA[Eva Fortuna Kasan]]>;
<![CDATA[Rasji Rasji]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17944
<![CDATA[The administrative court is one of the courts under the judistrication of the judiciary which its task is to resolve disputes that occur both within the internal environment of State Administrative Officials as well as disputes that occur between State Administrative Officials and Individuals or Civil Law Entities. The disputes that often occur between State Administrative Officials and Individuals or Civil Legal Entities are regarding land disputes caused by the mistake made by State Administrative Officials, one of which is regarding overlapping land rights. As a result of the overlapping land rights, the dispute will be brought to the State Administrative Court to obtain tha permanent legal decision, the problem regarding the amount of decisions of the State Administrative Court that cannot be executed arise. Research shows the data regarding the regulation execution of State Administrative Court Decisions in Indonesia is weak. The efforts on forcing State Administrative Officials to execute court decisions that already have the power of permanent legal status have not been executed optimally. Therefore, Indonesia needs to formulate a new law that includes regulations for the execution of decisions of the State Administrative Court]]>
<![CDATA[ANALISA HUKUM ATAS TANAH HAK MILIK YANG TERLANTAR BERDASARKAN PERATURAN PEMERINTAH NO. 20 TAHUN 2021 TENTANG PENERBITAN KAWASAN DAN TANAH TERLANTAR ]]>
<![CDATA[Elbert Elbert]]>;
<![CDATA[Gustianus Fernando]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17877
<![CDATA[Certificate of property rights is a letter of proof of ownership of property rights that acts as a strong means of evidence. However, property rights can be abolished if the land is abandoned or not utilized properly. As stipulated in Government Regulation No. 20 of 2021 concerning the Issuance of Abandoned Areas andLand, that land with property rights status becomes an object of abandoned land. The formulation of the issues raised is, the legal certainty of property rights that are designated as abandoned land and the Process of Settlement of Abandoned Land based on PP No. 20 of 2001. In this study the authors used this type of normative legal research, which is this study will find and also formulate legal arguments related to abandoned property rights land. The conclusions in this study show that property rights land is the highest pedestal of rights and strengthened by issuing certificates of property rights, but the power of the certificate cannot prevent the removal of property rights status into abandoned land, if the landowner does not utilize the land as the social function that has been established by Uupa No. 5 of 1960.]]>
