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 POLEMIK EUTHANASIA DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA (PERBANDINGAN EUTHANASIA DI INDONESIA DAN BELANDA) ]]>
<![CDATA[Natasha Grace]]>;
<![CDATA[Ida Kurnia]]>
<![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.v4i2.17923
<![CDATA[Euthanasia is very debatable whether it has to be legalized in Indonesia. Every human being has the right to life. But there is a new idea about human rights. It is called the right to die. A patient in a terminal state should not suffer from their unbearable pain whilst waiting for death. Euthanasia is a medical procedure helping patients with terminal state to die peacefully without any pain. Active euthanasia is illegal in Indonesia according to Article 344 Indonesia’s Penal Code. Passive euthanasia is still allowed in Indonesia according to Minister of Health Regulation Number 37 Year 2014. Euthanasia is allowed in some countries. The Netherlands is the first country in the world to legalized euthanasia. According to The Netherlands Government, to let someone suffer an unbearable pain and in agony whilst waiting for death is very inhuman. Every person has the right to die in peace and without pain. On the other hand, it is against the right to life to do euthanasia on a terminal patient. The function of this research is to compare regulations about euthanasia in Indonesia and The Netherlands and to decide the borderlines of euthanasia in Indonesia. This study uses normative method and qualitative analysis while using statute and comparative approach. The result of the study shows the pros and cons of euthanasia and whether it has to be legalized in Indonesia.]]>
<![CDATA[ANALISIS PENERAPAN DALUWARSA DALAM PENGAJUAN GUGATAN TERHADAP HAK UNTUK MEMPEROLEH PEKERJAAN BAGI PENYANDANG DISABILITAS DALAM SISTEM PEREKRUTAN PEGAWAI NEGERI SIPIL (STUDI PUTUSAN NOMOR 85/G/2020/PTUN.SMG) ]]>
<![CDATA[Felishella Earlene]]>;
<![CDATA[Tatang Ruchimat]]>
<![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.v4i2.17772
<![CDATA[Everyone who feel their interests are harmed due to the issuance of a State Administrative Decree has the right to file a lawsuit into authorized State Administrative Court. In the filling of a lawsuit, there are expiration provisions that are regulated in the applicable regulations. If the lawsuit is filed beyond the expiration date, then the lawsuit cannot be accepted, on the other side there is interests of a person that have been harmed. How is the legal protection for the loss of rights to obtain employment for person with disabilities in the civil servant recruitment system due to the implementation of expiration in filling lawsuit? In this research, the Author uses normative research method. The result of this research is the implementation of expiration provisions in filling a lawsuit provides legal certainty, but on the other side provides limitations for them who feel that their interests have been harmed so the justice cannot be reached. Judge in examining and passing verdicts should be based on the applicable regulations by balancing between legal certainty and justice for the seeker of justice. Therefore, the legal protection that can be provided to the rights of person with disabilities who are lost because the lawsuit filed has expired is to ensured that person with disabilities can participate in selection in the following year without discriminatory treatment. It is better if everyone who files a lawsuit on State Administration pays more attention towards the expired provisions so that similar problems do not occur.]]>
<![CDATA[PERLINDUNGAN TERHADAP KONSUMEN YANG DIRUGIKAN AKIBAT PEMBATALAN SEPIHAK OLEH PERUSAHAAN PENGEMBANG YANG TIDAK MEMENUHI KEWAJIBANNYA (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 721 K/PDT.SUS-BPSK/2020.) ]]>
<![CDATA[Silvia Loka]]>;
<![CDATA[Mariske Myeke Tampi]]>
<![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.v4i2.17815
<![CDATA[Buying and selling in Article 1457 of the Civil Code is an event where one party binds himself with another party to deliver goods/services in accordance with the agreement. In buying and selling apartments, there is a PPJB (Sales and Purchase Binding Agreement) which serves as a legal guarantee to the buyer. In the example of the Supreme Court Decision Number 721 K/Pdt.Sus-BPSK/2020, the Buyer does not get PPJB from the initial installment until the installment is paid off. How is the legal protection for consumers who are harmed due to unilateral cancellation by a developer company that does not fulfill its obligations? This research uses normative research methods. Research data shows that in deciding a dispute, the UUPK should be considered as one of the laws to protect consumers from default actions committed by developing companies.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP DATA KESEHATAN MELALUI PENGESAHAN RANCANGAN UNDANG-UNDANG PERLINDUNGAN DATA PRIBADI ]]>
<![CDATA[Endison Ravlindo]]>;
<![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.v4i2.18028
<![CDATA[The development of an increasingly sophisticated era, now personal data has become a commodity that has a high economic value that must receive proper and optimal protection in the practices that exist in society. Some of the regulations regarding the protection of personal data in Indonesia have regulated this, but have not been able to face the challenges that arise regarding the problems that occur. Where this makes the creation of legal certainty as one of the objectives of the law itself. There have been a number of cases that have occurred in recent years, namely the alleged leakage of public personal data that was hacked by third parties irresponsibly for unilateral gain. In this case, because there is no specific and comprehensive regulation that accommodates the protection of personal data itself. In this study, it is intended to examine how legal protection is according to current positive law and according to the Personal Data Protection Bill.]]>
<![CDATA[KEKUATAN KLAUSULA BAKU TERHADAP PENJUALAN SMARTPHONE REKONDISI DITINJAU DARI UNDANG - UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Aisyah Nikita]]>;
<![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.v4i2.17940
<![CDATA[In Indonesia, consumers are protected by Law Number 8 of 1999 on Consumer Protection in order to strengthen the fairness of balance, security and consumer safety. Consumers, as weak parties, will experience losses if business actors include a default clause in buying and selling transactions. But there are still many consumers who accept the agreement by containing the default clause because of the need for these goods and / or services. Business actors in offering goods and / or services are expected to be wiser in including the default clause in a buying and selling transaction in accordance with what has been regulated in article 18 of UUPK. The consumer must also understand the rights that have been regulated in consumer protection laws so that he understands what actions can be taken by consumers if they experience losses incurred by business actors. Business actors can be held administratively liable with fines and criminally with prison sentences as well as additional fines and criminals in the form of confiscation of certain goods, announcement of judge's decision, payment of compensation, certain stop orders that harm consumers, obligations to withdraw products from circulation and revocation of business licenses. In this case, the business actor has no good faith and no responsibility for compensation for consumer losses due to the default clause in the transaction of buying and selling reconditioned smartphones The problem here is, how the strength of the default clause in the sale of reconditioned smartphones is reviewed from UUPK.]]>
<![CDATA[PENERAPAN KETENTUAN PELAKU UTAMA DALAM KRITERIA JUSTICE COLLABORATOR PADA PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 93/PID.SUS-TPK/2019/PN.JKT.PST ]]>
<![CDATA[Amelia Elisabeth Putri Kusuma]]>;
<![CDATA[Ade Adhari]]>
<![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.v4i2.17945
<![CDATA[The purpose of this research is to analyze and understand the application of main suspect of justice collaborator criteria in Indonesia. This research is a normative law research, namely a law research conducted by examining legal books, legal journals and other library materials as well as the secondary data related to justice collaborator. The result of this research is the legal certainty regarding the main suspect of the justice collaborator criteria that has not been fulfilled by the Indonesian Law, so it has the potential to harm the law enforcement process. This is due to lack of understanding of the main suspect of justice collaborator among the law enforcers. Therefore, the intervention of the authorities to improve the current legal system is required in order to achieve the legal objectives. Specifically justice, expediency, and legal certainty especially regarding the justice collaborator. The Government needs to accommodate this policy in a clear, vivid and complete rules. Starting from the criteria and the condition, implementation of procedures, the reward and the protection for the justice collaborator himself.]]>
<![CDATA[MEKANISME DISMISSAL DALAM KONSEP ANTI STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (SLAPP) SEBAGAI PERLINDUNGAN HUKUM TERHADAP PEJUANG LINGKUNGAN HIDUP DI INDONESIA ]]>
<![CDATA[Harry Setiawan]]>;
<![CDATA[Mella Ismelina F. 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.v4i2.17878
<![CDATA[Environmental problems in the form of environmental pollution and/or destruction have become the center of global attention, considering the complex impacts toward human beings. Everyone who fights for the right to a good and healthy environment can be considered environmental defender. Public participation is an important aspect that cannot be separated in terms of environmental protection and management as stated in the Rio Declaration. However, public participation which is taken by environmental defender in the context of fighting for the right to a good and healthy environment is vulnerable to attacks in the form of a lawsuit known as SLAPP. The originator of the term SLAPP themselves have stated that strategic legal forms often occur in the environmental realm. Legal protection in the form of law and regulations with a case dismissal mechanism is needed in order to protect environmental defender from SLAPP which could cause various kinds of losses, physically, energy, time, and economically. UUPPLH as the law for the environmental sector in Indonesia has regulated legal protection for everyone who fights for substantive rights in the form of a good and healthy environment, where these rights have even been recognized and guaranteed by the constitution (UUD 1945). Therefore, dismissing the case (dismissal) as early as possible against SLAPP is considered important to protect environmental defender who takes the form of public participation in carrying out their work as the guardian of environmental rights.]]>
<![CDATA[KEBIJAKAN PENCEGAHAN DALAM KEKERASAN SEKSUAL DI LINGKUNGAN PENDIDIKAN ]]>
<![CDATA[Adityo Saputra]]>;
<![CDATA[Ade Adhari]]>
<![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.v4i2.17950
<![CDATA[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.]]>
<![CDATA[PENDAMPINGAN PSIKOSOSIAL DALAM RANGKA MEMBERIKAN PERLINDUNGAN TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL (CONTOH KASUS : PUTUSAN NOMOR 1416/PID.SUS/2018/PN JKT.UTR ]]>
<![CDATA[Veren Marceline]]>;
<![CDATA[R Rahaditya]]>
<![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.v4i2.17884
<![CDATA[Children are the next generation of a nation and state in the future whose rights must be protected and even protected. But the fact is that there are still many children who are victims of sexual violence. Children who experience sexual violence have an impact in terms of physical, psychological, and emotional. The term sexual violence is defined as an act that results in death, psychological harm, and deprivation of rights. As a form of protection for children who are victims of sexual violence, protection measures are provided in the form of psychosocial assistance with the aim of restoring the child's social function. So that in this study a problem arises in the form of how to implement psychosocial assistance in order to provide protection for children as victims of criminal acts of sexual violence. The implementation of psychosocial assistance has been regulated in Law Number 35 of 2014 Amendments to Law Number 23 of 2002 concerning Child Protection in Article 69A. However, the fact is that the implementation of psychosocial assistance to child victims of sexual violence is still far from an ideal situation. This happens because in carrying out the implementation of psychosocial assistance there are still several obstacles, so that in carrying out psychosocial assistance to children it becomes hampered. Therefore, the government must pay more attention to and emphasize the rules contained in the Child Protection Act so that they can be socialized in accordance with existing regulations and deal with obstacles that still occur that hinder the implementation of psychosocial assistance to children who are victims of sexual violence.]]>
<![CDATA[ALASAN PEMAAF SEBAGAI DASAR MENGHAPUSKAN PERTANGGUNGJAWABAN PIDANA DALAM TINDAK PIDANA NARKOTIKA ]]>
<![CDATA[Merry Aprillyani]]>
<![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.v4i2.17955
<![CDATA[The excuse for forgiveness is a reason that eliminates the perpetrator's guilt but his actions are still declared as an unlawful act. One of the things that can be a reason for forgiveness is if someone has a mental disorder, then he will be released from all lawsuits. However, in practice, not all narcotics criminals who are indicated to have mental disorders can apply forgiving reasons for themselves. The formulation of the problem that will be discussed in this study is how the reason for forgiveness is the basis for eliminating criminal liability in narcotics crimes? This study aims to examine and analyze the reasons for forgiveness as the basis for eliminating criminal liability in narcotics crimes. This research is a normative legal research with analytical descriptive nature and the data is collected by using literature study technique. This study uses a law approach and a case approach and uses a qualitative juridical analysis method. The results of this study are not all mental disorders can be the reason for the implementation of excuses. To ensure the defendant's mental condition, it is necessary to carry out a mental health examination by a psychiatric specialist based on Permenkes No. 77/2015. From the examination process, results will be obtained regarding the type of mental disorder of the defendant, the nature of the mental disorder of the defendant, the role/responsibility of the mental disorder of the defendant for the crime he committed, and the ability to be responsible for the defendant which is then summarized in a Psychiatric Visum et Repertum to be the main consideration for the judge. in enforcing excuses. In addition to considering the VeRP, other evidence such as witness statements will also be considered by the judge to build confidence in him.]]>
