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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
PENOLAKAN PEMBATALAN MEREK DIAKIBATKAN DALUWARSA ANTARA PENGADILAN NIAGA DAN MAHKAMAH AGUNG DITINJAU DARI UNDANG-UNDANG NO. 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS. (STUDI KASUS PUTUSAN PENGADILAN NIAGA NO. 44/PDT.SUS.MEREK/2019/PN.NIAGA.JKT.PST Jo. PUTUSAN MAHKAMAH AGUNG NO. 794 K/PDT.SUS-HKI/2020) Jesslyn Evelina Tandrajaya; R Rahaditya
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.v4i2.17889

Abstract

Intellectual Property Rights are exclusive rights obtained from intellectual works created or discovered or created by humans. One type of Intellectual Property Rights is trademark. Trademarks must be registered, because their registration creates an exclusive and absolute right to the trademark. Exclusive rights can be interpreted that these rights can be maintained by the holder or the owner of the trademark. But in reality, it is still found that there are similar brand similarities between one brand and another. Trademarks can be filed for cancellation which has been regulated in Act no. 20 of 2016 concerning Trademark and Geographical Indications. However, regarding the cancellation of the trademark, there is a limitation that the trademark can only be canceled for 5 years from the time the brand is registered, beyond that the cancellation of the trademark can be said to have expired. The cancellation of the trademark can be carried out indefinitely if the trademark is found to have elements of bad faith. Expiration is a tool to obtain or free oneself from a certain engagement. The method used in this research is normative legal research. The results of the research obtained are that in deciding cases each judge has a different view, as in the case of judges having different views regarding expiration. Judges of the Commercial Court use expiration as the basis for rejecting the lawsuit for trademark cancellation, while Judges of the Supreme Court use that bad faith can override expiration.
ANALISIS PENERAPAN PRINSIP KEHATI-HATIAN DALAM PEMBERIAN KREDIT PADA LAYANAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI DALAM FITUR PEMBAYARAN PAYLATER Tasya Hanifah Anggraini; Ariawan Gunandi
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.v4i2.17960

Abstract

The presence of electronic transactions in the payment system plays a big role for both business actors and consumers in conducting transaction activities. Currently there is a payment feature that supports consumers to shop by using installment payments or providing credit without giving credit and providing guarantees (Paylater). As the name implies, the Paylater feature provides an opportunity for consumers to take advantage of services and services while they pay at the end according to the given limit. One of the e-commerce that offers payment method features with buy now, pay later or Paylater is the Shopee Platform. Shopee makes it easy by providing easy requirements to activate this Shopee Paylater account. However, on the other hand, the convenience provided actually creates a problem, where consumers can easily get credit with large limits without many requirements. This study examines how the application of the prudential principle in the Shopee Paylater payment feature in reducing the risk of default.
TINJAUAN TERHADAP PENJUALAN MASKER BEKAS DITINJAU DARI UNDANG-UNDANG PERLINDUNGAN KONSUMEN (STUDI KASUS: PUTUSAN NOMOR 444/PID.SUS/PN.BDG) Putribani Anak Haki; 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.v4i2.17912

Abstract

Consumer protection having tremendous scope for consumer protection indeed guarantees the rights of the community as a consumer of both goods and services. One form of consumer protection is the consumer protection of medical masks. Nowadays, medical masks are recognised as a need in the middle of Covid-19 pandemic which was formally laid down by the government through the Presidential Decree number 11 year 2020. Nevertheless, there are still business doers that obtain a personal gain by an unkind manner amid this condition, such as the sale of recycled medical masks which were never meant to be used more than once. This study will use the court ruling number 444 / pid.sus / 2020 / pn.bdg which would be studied based on Indonesian consumer protection law. This study used a normative juridical method with the Indonesian consumer protection approach and court ruling approach.
MUTASI KERJA DALAM SATU GRUP PERUSAHAAN. STUDI KASUS : (PUTUSAN PENGADILAN NEGRI NOMOR 144/PDT.SUS-PHI/2019/PN.PLG DAN PUTUSAN MAHKAMAH AGUNG NO 1283K/PDT.SUS-PHI/2020) Hubertus Panji Dwi Sabmoko; Gunardi Gunardi
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.v4i2.18021

Abstract

Humans in life have many needs that must be met. To achieve these needs, humans can make a business or work. By working people earn income to meet their needs. Manpower according to Article 1 point 2 of Law number 13 of 2003 states: Manpower is anyone who is able to do work to produce goods and or services to meet the needs of themselves and the community. Most of the Indonesian people are workers, therefore the welfare of the workforce and their families has an important role in creating social justice for all Indonesian people. To achieve a just, prosperous and materially or spiritually prosperous society cannot be realized if the workforce and their families do not prosper. Improving the welfare of the workforce and their families is in the context of realizing the welfare of the Indonesian people. Mutation or placement of workers is a common thing in every company. Transfers between companies that are still in one group of companies have not been regulated in Law number 13 of 2003 concerning Manpower.
PERLINDUNGAN HUKUM TERHADAP TINDAK PIDANA PENGANIAYAAN HEWAN PELIHARAAN MENURUT PERSPEKTIF HUKUM PIDANA DI INDONESIA (STUDI PUTUSAN NOMOR: 320/PID.SUS/2020/PT.DKI) Three Boy
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.v4i2.17965

Abstract

Animals are animate creatures that are able to move (move places) and are able to react to stimuli, but do not have reason.Pets are animals whose life is partially or wholly dependent on humans for certain purposes. In this modern era, crimes against pets are rampant. An example is what happened in (Decision Number: 320/Pid.Sus/2020/PT. DKI), where the Defendant Aris Takelabi Padin committed an act of abuse by pouring caustic soda on 5 puppies and 1 mother dog causing 5 puppies. dead dog and 1 deformed mother dog. Animal welfare is all matters related to the physical and mental condition of Animals according to the natural behavior of Animals that need to be implemented and enforced to protect Animals from any person's inappropriate treatment of Animals that are used by humans. From the rampant acts of abuse against these animals, there must be a law that can regulate acts of animal abuse and animal welfare in Indonesia. So that in this study a problem arises in the form of what form of legal protection for pets is in the rules of criminal law in Indonesia and how judges consider in giving decisions on cases (Judgment Number: 320/Pid.Sus/2020/PT. DKI. Implementation of Rules regarding Abuse Animal welfare and animal welfare have been regulated in the Indonesian Criminal Law Regulations, but their implementation is still not optimal. The lightness of the sentence imposed and the lack of socialization, education and public awareness make pet abuse still rampant because this and punishment does not have a deterrent effect Therefore, the Government must pay more attention to and strengthen the punishments contained in the regulations regarding acts of animal abuse and carry out socialization and education to reduce and prevent acts of abuse of pets in Indonesia.
MPLIKASI KASUS SENGKETA MEREK WD-40 DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (CONTOH KASUS NOMOR 39/PDT.SUS.MEREK/2018/PN.NIAGA.JKT.PST. Muhammad Alkindi Soramoes; Christine S.T. Kansil
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.v4i2.17917

Abstract

The case of a trademark dispute between WD-40 and Get-All-40 proves that there is still a gap in trademark infringement by irresponsible parties, or parties who hitch a ride on well-known brands in bad faith. The problem faced is what is the implication of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases. The research method used is normative juridical legal research. The results of the study show that the implications of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases, where this trademark dispute was resolved / broken by the judge with the victory of the Plaintiff WD- 40 Company and WD-40 Manufacturing Company which in this case the judge canceled the registration of the Defendant's "GET ALL-40 and Painting" Mark: (1) "GET ALL-40 and Painting" Mark with No. Registration IDM000616481 in Class 2; and (2) “GET ALL-40 and Painting” Mark with No. Registration IDM000616482 in Class 2; from the General Register of Marks. Procedures for lawsuits at the commercial court for infringement of marks need to be implemented in accordance with the time limit stipulated in Law Number 20 of 2016 concerning Marks and those who do not accept the decision of the commercial court can file an appeal to the Supreme Court, because the commercial court does not regulate legal remedies. appeal.
BATAS MAKSIMAL HAK MOGOK KERJA BERDASARKAN UNDANG-UNDANG NO 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Evangeline Fiona; 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.v4i2.17970

Abstract

The working strike is the basic right of worker. Therefore, everyone can not stop implementing his right. If anyone is against this regulation, so can be punished.This right is implemented in according to regulation specially UU Nomor 13 Tahun 2003 and Kepmenakertrans Nomor: Kep-232/Men/2003 in order to evaluate as a legal working strike.The working stike can only be implemented at the certain factory, and there are no time’s regulation to implement working strike. A strike is a fundamental right held by workers and a labor union/labor union. This right of strike is clearly set out in Article 137 Employment Security Act (Act No. 13 of 2003). go on strikea cannot be done freely, there are limits and provisions that sayhis attraction, the act of lawfully, orderly, and peacefully as a result of its failure a negotiation. But in some cases, there are still frequent acts of mogok work that is done legitimately, but is considered to be in violation of regulation yang take effect because of the unfulfillment of the conditions for going on strike.then what are the criteria for a strike to be carried out by workers/workers so that para the worker/worker may exercise his/her rights and obtain legal guarantees.
IMUNITAS TERHADAP PEJABAT PEMERINTAH INDONESIA DAN AMERIKA KETIKA PANDEMI COVID-19, SERTA IMPLIKASINYA TERHADAP PENERAPAN DAN PENEGAKAN ASAS UMUM PEMERINTAHAN YANG BAIK Richard Jatimulya Alam Wibowo; 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.v4i2.17470

Abstract

The COVID-19 pandemic on a global scale requires governments of countries to find solutions to address the economic, social, and public health impacts. This study uses a statutory and comparative approach, by tracing primary, secondary, and jurisprudential sources of law. In administering the government during the COVID-19 pandemic, government officials get legal protection, so they are not haunted by fear of legal entanglement in making decisions as long as they are based on good faith. Furthermore, the government in this case is guided by the General Principles of Good Governance in forming decisions that become the legal basis for dealing with problems during the COVID-19 pandemic. Whereas then, the existence of the right to immunity during the pandemic, as well as the enforcement, and the doctrine of the General Principles of Good Governance in Indonesia and the United States have constitutional contrasts. Therefore, this study then found similarities and differences in the practice and substance of granting immunity and the doctrine of the General Principles of Good Governance in Indonesia and the United States of America, according to the different law system, social, and culture
ANALISIS KETIADAAN NIAT (MENS REA) DALAM PEMIDANAAN PADA PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 844/PID.B/2019/PN.JKT.PST. Edo Bintang Joshua; 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.v4i2.17975

Abstract

In criminal law, punishment requires at least two conditions: subjective and objective conditions. To sentencing someone in the criminal court, it is not enough just by looking at their actions. Because criminal act are just one part of a condition in terms of punishments that are also called actus reus or physical elements. Mens rea is an essential part of criminal law. As one of terms of punishment, mens rea have a role as a subjective criminal in penal law. The absence of mens rea in any crime case makes the subjective criminal of the case missing. Sentencing someone who did a crime act without qualifying the mens rea element will injure the justice and set aside the mens rea as a subjective crimination. The case that was decided by Putusan Nomor 844/Pid.B/2019/PN.Jkt.Pst decided 29 (twenty nine) Sarinah mall employees. The decision clearly stated that the reasons for the perpetrators to commit the crime were based on a sense of humanity. This sense of humanity contradicts mens rea which is evil intent.
PERTANGGUNGJAWABAN MENGENAI STATUS PERBUATAN HUKUM TERHADAP PERSEROAN TERBATAS (PT) YANG BELUM RESMI BERDIR Hakim, Ovaldo Noor; Sumeru, Fayuthika Alifia Kirana; Dumais, Alvaro David Gabriel; Andryawan, Andryawan
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.v4i2.17477

Abstract

In the 1945 Constitution of the Republic of Indonesia Article 1 paragraph (3) which reads "Indonesia is a state of law" so that the public is obliged to obey the applicable regulations. The creation of legal certainty is one of the goals of the rule of law. The ratification of a legal regulation by the community carried out and made by a notary is also included in the achievement of legal certainty. As is the case with the establishment of a Limited Liability Company, therefore it is necessary to make a deed of establishment by a notary, but what if the Limited Liability Company does not yet have official status as a legal entity, then the liability of the Limited Liability Company is required because every activity has legal consequences for those who have a business. Considering that Indonesia is a legal state, everything that results in legal actions must also be resolved through legal channels so that it can be said to be legal as a legal act.

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