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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
KEBIJAKAN PENCEGAHAN DALAM KEKERASAN SEKSUAL DI LINGKUNGAN PENDIDIKAN Adityo Saputra; Ade Adhari
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.v4i2.17949

Abstract

Rise of sexual violence against children, especially in the educational environment, makes parents feel that the educational environment has become an unsafe place for students. Because sexual violence will have a traumatic impact on both children and adults. Seeing the consequences that will be experienced by children when they become victims of sexual violence is very woorrying, therefore there is a legal protection given to victims, namely children who experience sexual violence.
PERLINDUNGAN HUKUM BAGI PENGGUNA TRANSPORTASI ONLINE ATAS TINDAKAN PEMOTONGAN SALDO SEPIHAK TERHADAP PEMBATALAN PESANAN DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Marchelina Theresia; ve Wheni Setijawati Soemarwi
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.v4i2.17883

Abstract

Technological developments have had a great impact on the transportation sector, which can be seen in the provision of online transportation services. With the many conveniences provided for consumers who use online transportation, it is undeniable that the use of these services can cause a loss for consumers. Where there is a case of cutting balances for unilaterally canceling orders by online transportation service providers which makes consumers experience a loss. In this case the consumer feels aggrieved and demands compensation, but the online transportation party does not provide compensation as it should. This makes the online transportation party violate the regulations that have been regulated in Law Number 8 of 1999 concerning Consumer Protection. The purpose of this research is to find out how the legal protection for online transportation users is for the act of unilaterally cutting balances against order cancellations in terms of Law Number 8 of 1999 concerning Consumer Protection. This research uses normative legal research, with a legal approach. The results of this study indicate that online transportation service providers must provide compensation to consumers as a form of legal protection for unilateral cutting of balances against order cancellation
FAKTOR PENGHAMBAT KEBIJAKAN FORMULASI TRADING IN INFLUENCE SEBAGAI KORUPSI DI INDONESIA Sheryn Lawrencya; Ade Adhari
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.v4i2.17954

Abstract

Trading Influence acts are non-mandatory offenses regulated in UNCAC and ratified by Law Number 7 of 2006 concerning UNCAC Ratification. Based on the cases that have occurred in Indonesia, the act of Trading Influence has actually developed in Indonesia, but is considered as “bribery”. Indonesia has not been able to ensnare the perpetrators of influence trading under the Corruption Law because there are no rules that regulate it, so there is legal uncertainty and a legal vacuum. This is due to the many factors that hinder the formulation of trading in influence policies in Indonesia. The research method used is normative using library materials or document studies for library research. This study looks back at what are the causes so that it is immediately regulated in Indonesia to be able to distinguish between bribery and the act of trading in influence in the context of overcoming corruption in Indonesia.
TANGGUNG JAWAB PENJUAL DALAM TRANSAKSI JUAL BELI ONLINE DITINJAU DARI HUKUM PERDATA (CONTOH KASUS: PUTUSAN NOMOR 183/PDT.G/2018/PN MDN) Kelly Kelly; 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.v4i2.17888

Abstract

Buying and selling between buyers and the Elipa Store throught the WhatsApp application can be considered valid as long as it fulfills the legal requirements of an agreement as regulated in article 1320 of the civil code. In a sale and purchase agreement, the parties must carry out their respective achievements that they have promised in the sale and purchase. If the seller does not carry out his achievements, how is the seller’s responsibility in online buying and selling transactions in terms of civil law (case example: decision number 183/Pdt.G/2018/PN Mdn)? in this paper, the author uses a normative approach by examining various existing library materials and also the results of interviews. In this example, the seller does not carry out his achievements in the form of submitting and delivering what has been ordered and paid for by the buyer, so the seller is considered to have defaulted. Not only that, in this study the author also found that in addition to default, the seller had also violated article 63 paragraph (1) of PP PMSE. With the loss arising from the seller’s actions, the seller must be responsible for his actions to bear all sanctions in accordance with the violations stipulated in the civil code and PP PMSE.
PERLINDUNGAN HUKUM BAGI PIHAK KREDITUR APABILA TERJADI WANPRESTASI YANG DILAKUKAN OLEH DEBITUR Tangkas Eka Putra; 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.v4i2.17959

Abstract

Before the creditor submits an execution auction request to the KPKNL, the creditor submits amicable steps to the defaulting debtor to pay off his debt immediately, if there is no good faith from the defaulting debtor to pay off his debts, the bank submit a mortgage execution auction to the KPKNL. After fulfilling the conditions stipulated in Article 11 of the Regulation of the Minister of Finance of the Republic of Indonesia Number. 27/PMK.06/2016 concerning Auction Implementation Guidelines, and if all are stated as complete and formally correct, the seller can determine the bidding method by including in the auction announcement and the place where the auction is held is in the position of the class II auction official where the goods are located. The timing of the auction is determined by the head of the KPKNL or a class II official. Legal protection for creditors is contained in Law Number 4 of 1996 concerning Mortgage Rights on Land and objects related to land. Lawsuits and opposition to the auction of mortgage executions, in principle, do not delay the execution of mortgages, but in fact have a juridical and legal impact. With a large economy, the purpose of the lawsuit against the auction is solely aimed at making it difficult for the Mortgage Holder to settle his receivables quickly. The lawsuit and opposition to the mortgage execution auction in principle does not delay the execution of the mortgage right, but it has a large juridical and economic impact. According to the author, the purpose of the lawsuit against the auction is solely aimed at making it difficult for the mortgage holder to settle his receivables quickly, and harming the auction buyer who has good intentions in controlling the mortgage object that has been purchased in a public auction.
URGENSI KEBIJAKAN PEMIDANAAN PEMBELI EKSPLOITASI SEKSUAL ANAK DALAM BENTUK PROSTITUSI PADA UNDANGUNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Niella Tasya Ullie; Ade Adhari
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.v4i2.17911

Abstract

As the weakest and most vulnerable social beings in society, ironically, children are often put in a disadvantaged position, and become victims of a crime. One of the problems faced by children is the crime of sexual exploitation of children in the form of child prostitution. One of the reasons why child prostitution is increasing is the growing demand for the global sex market. Child sex buyers have a big hand in controlling child prostitution by creating a demand for it. Reflecting on the countries of South Korea, Philippines and Sweden which already have specific and firm national regulations in providing elements regarding the sexual exploitation of children and the punishment of buyers of child sex in the form of prostitution. This is what is needed to be accommodated in the current Child Protection Law in Indonesia by making clear, firm, and specific regulations so that it will not provide errors for all law enforcement officers in dealing with and resolving criminal cases of sexual exploitation of children in the form of child prostitution
PERLINDUNGAN KONSUMEN TERHADAP BARANG YANG TIDAK SESUAI DENGAN YANG DIPERJANJIKAN OLEH PELAKU USAHA MENURUT MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Markus Hamonangan; 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.v4i2.17964

Abstract

Consumer protection is regulated in Law No. 8 of 1999 on Consumer Protection. Article 4 explains that one of the rights of consumers is the right to comfort, security, and safety in consuming goods and / or services. Consumer protection efforts to ensure legal certainty to provide consumer protection so that consumers get their rights as consumers with consumer protection involving business actors aim to maintain the condition of the trading world so that conducive not to be full of violations and aim to keep business actors doing, as an effort to protect consumers, but has not been achieved optimally can be seen in the case of goods that are not in accordance with consumer orders, because business people send goods that are not in accordance with what is promised to consumers. The application of legal protection to consumers is not in accordance with the laws and regulations contained in Consumer Protection Law No. 8 of 1999, causing problems. The type of research used by the author is a legal research method for academic purposes This research examines various documents related to research. Authors use normative legal research methods using statute approach and case approach.
REFORMULASI KEBIJAKAN DIVERSI TERHADAP SELURUH TINDAK PIDANA YANG DILAKUKAN OLEH ANAK Lin Yan Che; Ade Adhari
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.v4i2.17916

Abstract

The juvenile criminal justice system is required to apply a restorative justice approach in accordance with article 5 paragraph (1) of the Juvenile Criminal Justice System Law. One of the processes of restorative justice is diversion. Diversion is the settlement of child cases from the criminal justice process to the criminal justice process. The problem faced in writing this thesis is how is the formulation policiy for the application of diversion to all criminal acts committed by children? The research method used in writing this thesis is normative legal research. The results of the study indicate that the diversion applied in the Juvenile Criminal Justice System Act has not been fully applied to all types of crimes committed by children. Diversion in the Juvenile Criminal Justice System Law can be carried out in the event that the crime committed is punishable by a sentence of less than 7 (seven) years in prison and is not a crime. Children who commit crimes punishable by imprisonment for more than 7 years do not get the opportunity to diversify so that the application of diversion that uses criminal threats under 7 years creates problems with the principles that are best for children and nondiscrimination. This is because the diversion arrangement in Indonesia is different from countries such as the Philippines, Ireland, Thailand and South Africa in that there is no requirement to face the threat of imprisonment which causes children to lose their right to diversion. The four countries have provided appropriate protection for children to achieve the welfare and best interests of children in accordance with the general principles contained in the Convention on the Rights of the Child
AKIBAT HUKUM APARATUR SIPIL NEGARA YANG MELAKUKAN KEJAHATAN BERHUBUNGAN DENGAN JABATAN DI TINJAU DARI UNDANG – UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA (STUDI KASUS : PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR37/G/2018/PTUN.PDG). Boby Harnendi Putra
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.v4i2.17969

Abstract

Aparatur Sipil Negara is a Indonesian government institution that was created with the aim of running the government to realize the ideals of the nation, Aparatur Sipil Negara consists of civil servants and government employees with work agreements (PPPK), behind its implementation function as the assistance of the Indonesian state, on the other hand, Aparatur Sipil Negara is not immune from criminal acts, as for the criminal acts discussed are crimes related to positions, crimes committed by the state civil Apparatus have a direct impact on the community, it is like a stalled development, slowing economy and much more, Aparatur Sipil Negara who is proven legally and convincingly to commit a crime related to the position, will be immediately given legal sanctions,as for the legal sanctions, they can be in the form of sanctions in accordance with Kitab Undang – Undang Hukum Pidana until Undang – Undang Tindak Pidana Korupsi, further information regarding the sanction of dismissal that will be imposed on Aparatur Sipil Negara who commits a crime of office crime that will be carried out by a government agency like President, Minister, Governor, also Regent. Does not end there, Komisi Aparatur Sipil Negara and Badan Kepegawaian Negara also participate in making proposals as well as supervising Aparatur Sipil Negara working in the government.
ANALISIS YURIDIS TERHADAP PENOLAKAN PERMOHONAN PRAPERADILAN RAVIO PATRA BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1981 TENTANG HUKUM ACARA PIDANA Catherina Amanda Putri
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.v4i2.17921

Abstract

The competent authority's coercive efforts made in the investigation and prosecution can be controlled through pretrial institutions. The purpose of this institution was formed so that the rights of suspects can be protected, especially in terms of arrest or unlawful detention and termination of investigation or prosecution. Even though the institution has been regulated in positive law, but in its application, there are still weaknesses both in the formulation and in its application in the Court so that there is no protection of rights human rights for the suspect. In practice, it often happens that the submission of a pretrial application by the suspect or his family or the other party on the authority of the suspect regarding the validity of the arrest or detention, before the pretrial examination is completed, becomes invalid because the main criminal case has already begun to be tried. This results in the suspect remaining in custody. At the same time, the possibility that the pretrial will give a decision on the arrest or detention is invalid. This harms the suspect, the image of the law, and justice. Pretrial has expanded its powers. The expansion of the pretrial authority can provide more functions than the pretrial institution itself. Besides the expansion of authority, it is more important to protect the human rights of suspects in the future. The author uses normative legal research methods. With conduct an assessment through library research and secondary data by studying books, journals, internet sites, laws and regulations, doctrines, and other documents related to the object of research. Primary data is data obtained from the results of direct research conducted through interviews.

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