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[PEMBERIAN UPAH SELAMA PROSES PEMUTUSAN HUBUNGAN KERJA SEPIHAK (STUDI KASUS: PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 90/PDT.SUS-PHI/2019/PN SBY) ]]>
<![CDATA[Shierly Florensia]]>;
<![CDATA[Gunardi Lie]]>
<![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.v4i2.17980
<![CDATA[Termination of Employment Relations is one of the problems that often occurs in the working relationship between workers/employees and employers. The termination of an employment relationship for the workers is a very complex problem due to the worker/labourer losing their livelihood. Termination of Employment Relations has legal consequences for both employers and workers/labor. The rights and obligations of each party must be fulfilled until there is a decision from the Industrial Relations Court, in which workers will receive legal protection, namely receiving severance pay or service pay as a substitute for termination of employment. Syamsul Fuad has worked in a position as a dynamo technician with a working period of 23 years and 6 months and will be dismissed from his job due to frequent illness by PT Jawa Trans Indah Transport without being given a fair severance pay in accordance with the law, so Syamsul Fuad filed a lawsuit with the Industrial Relations Court on The Surabaya District Court, but in the decision the workers' property rights to receive severance pay or service pay cannot be fulfilled. This research is normative with literature study data collection techniques. Like a scale that is used as a symbol of justice, the judge must also weigh in order to fulfill the workers' property rights, so that in this case the workers' property rights can be fulfilled]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ANAK YANG DIEKSPLOITASI SEBAGAI PEKERJA ARTIS DITINJAU BERDASARKAN UNDANG - UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK ]]>
<![CDATA[Syarifah Aliya Hasna]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![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.v4i2.17985
<![CDATA[Alongside the development of information technology and the times, it affects the expansion of coverage in the entertainment world. In various countries including Indonesia, we still find many jobs that involve children who do not meet the age requirements in doing work. The existence of workers involving children in Indonesia is not new, as well as the existence of child workers who work as artist workers or commonly referred to as little artists. Every Indonesian child is a valuable successor to the nation’s ideals. The next generation and Indonesian human resources will determine the nation's future. Legal protection as a protection by using legal means of protection provided by the law, with the aim of protecting certain interests by making these interests a legal right. As with laws and regulations in general, regulation exists to provide legal guarantees and certainty, including for children. Children must be protected in order to avoid all kinds of losses, both mental and physical, caused by irresponsible parties. So every component of the nation, both government and non-government, has an obligation in the implementation of achieving the children’s right that they aspire to. Children who work more than the time limit determined by laws and regulations and the carelessness of parents as well as intentional acts committed by employers in providing work that does not heed the laws and regulations and children’s rights.]]>
<![CDATA[PELANGGARAN HAK CIPTA OLEH MALL GRAND INDONESIA YANG MENGGUNAKAN GAMBARAN TUGU SELAMAT DATANG SEBAGAI LOGO MALL ]]>
<![CDATA[Fico Acchedya Wijaya]]>
<![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.v4i2.17757
<![CDATA[ntellectual property rights are defined as the right to legally protect intellectual property by the laws and regulations that protect it. The importance of copyright registration is that the work created by the creator is legally protected. Anyone who uses the work of others must obtain permission from the author or copyright owner and may not copy and/or use this work for commercial purposes without the permission of the author or copyright owner. The copyright infringement process teaches businesses to pay more attention to and comply with intellectual property laws. Example from PT. Grand Indonesia was sued by the heir Henk Nuntung, the designer of the Welcome Monument at the Hotel Indonesia Roundabout. The Central Jakarta District Court ruled that Grand Indonesia Mall violated copyright law by using a sketch of the Welcome Monument as the Mall logo without permission. The research method used is the normative legal method. The results showed that PT Grand Indonesia used a sketch of the welcome monument as a PT logo. It’s normal for PT Grand Indonesia to compensate the heirs of the late Henk. With a decision on December 2, 2020, the judge agreed to some of the heirs' charges. In one of the six trials, the defendant was given a sentence of compensation for the financial losses suffered by the plaintiff in connection with the use of the Grand Indonesia Mall logo amounting to Rp1 billion, which will be paid fully as soon as the decision is made]]>
<![CDATA[PERLINDUNGAN HUKUM KONSUMEN ATAS PENJUALAN TABUNG OKSIGEN PALSU SECARA ONLINE DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Angela Feblitania Emmanuella Hutauruk]]>;
<![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.v4i2.17990
<![CDATA[In Law No. 8 of 1999 concerning Consumer Protection, it is explained that consumers have rights to goods and/or services that they obtain, both in direct transactions and online transactions, first in Article 4 paragraph (2) which explains the rights from consumers to choose goods and/or services and to obtain those goods and/or services in accordance with the exchange rate and conditions and guarantees for that matter are also contained in Article 8 which regulates prohibited actions for business actors which are not in accordance with the conditions of the guarantee, features or efficacy as stated in the label, label or description of the goods. but in this case the existing regulations have not been fully achieved as is often the case as in the case of selling fake oxygen cylinders online. The type of research used by the author in this study is normative. To support this research, the author uses a type of literature study research, which examines several related documents.]]>
<![CDATA[ANALISIS YURIDIS TERHADAP PRODUKSI BAJA TULANGAN BETON NON STANDARDISASI INDONESIA DITINJAU DARI UNDANG-UNDANG NOMOR 3 TAHUN 2014 TENTANG PERINDUSTRIAN (STUDI KASUS: PUTUSAN NOMOR 352/PID.SUS/2018/PN.PDG) ]]>
<![CDATA[Renaldy Renaldy]]>;
<![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.v4i2.17762
<![CDATA[In industrial law, concrete reinforcing steel is one of the products that are often found in daily practice for building construction foundations. Producers, distributors, and consumers have traded, transported and produced reinforcing steel which did not comply with Indonesian national standards. Besides this activity is very dangerous for the community and users, it can also hamper domestic growth in Indonesia. Therefore, there is a need for further research using several theories of corporate crime and civil theory to see how legal accountability is for perpetrators of law violators. However, the application of the theory of corporate crime still raises pros and cons due to different perceptions from experts. Thus, this research was conducted to find a common thread in order to achieve clarity of legal responsibility for the production of steel reinforced concrete in cases of violations of Indonesian national non-standard reinforced concrete steel.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI KONSUMEN PENGGUNA JASA BIRO PERJALANAN WISATA DI YOGYAKARTA YANG MENGALAMI KERUGIAN MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Tri Ananda Caesaryan Dasril]]>;
<![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.v4i2.18006
<![CDATA[This study aims to analyze the legal protection of consumers who use travel agency services in the city of Yogyakarta both normatively and empirically and to analyze the responsibilities of travel agency business actors for the fulfillment of the rightsof consumers who use their services in the city of Yogyakarta. The problems studied in this study are how the legal protection of consumers who use travel agency services in the city of Yogyakarta both normatively and empirically and how the responsibility of travel agency business actors for the fulfillment of the rights of consumers of their service users in the city of Yogyakarta. This research is a normative juridical research. The procedure used to solve the problem is to first examine the existing secondary data and then proceed with research on primary data in the field. Data was collected by means of library studies and interviews. Theapproach method used is the statutory approach. The research data after being analyzed using descriptive qualitative methods, the results obtained that the legal protection of consumers who use travel agency services in the city of Yogyakarta isnormatively adequate. This is shown from the provisions as regulated both in Law Number 8 of 1999 concerning Consumer Protection and Law Number 10 of 2009 concerning Tourism. Empirically, consumers who use travel agency services in the city of Yogyakarta have not been fully protected. This is shown from the results of the study that not all travel agencies make agreements that contain the rights and obligations of the parties during the tour. The responsibility of travel agency business actors for the fulfillment of the rights of consumers who use their servicesin the city of Yogyakarta..]]>
<![CDATA[ANALISIS PERJANJIAN PENGIKATAN JUAL BELI TANAH DAPAT MENJADI AKTA JUAL BELI TANPA KEHADIRAN PENJUAL (STUDI KASUS: PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR 1292/PDT.G/2019/PN.SBY) ]]>
<![CDATA[Meilivia Winandra]]>;
<![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.v4i2.17768
<![CDATA[The sale and purchase of land are one of the legal acts of transfer of land rights. The parties can make a sale and purchase agreement as a preliminary agreement before the deed of sale and purchase is made in the context of land registration. In the case studied, there was a problem seller refusing to make a deed of sale and purchase, even though the buyer had paid in full for the object. So that raises problems related to how a sale and purchase agreement can become a deediofisale iand ipurchase iwithoutithe ipresence iofithe iselleriin ithe icase iDecision iofithe iSurabaya iDistrictiCourt iNumberi1292/Pdt.G/2019/PN.Sby. iThe imethod iused iisinormative ilegaliresearch. The results show that the sale and purchase agreement was made privately deed and there were no provisions regarding the power to sell. Likewise, the court's decision stipulates that the sale and purchase are legal and valuable based on the sale and purchase agreement and decide to make a deed of sale and purchase by Deed Official even though without the presence of the seller is legal certainty that an action can be carried out. Preferably, the making of the sale and purchase agreement made by Notary which is an authentic deed with perfect evidentiary power and the government provides legal socialization to the public regarding the sale and purchase of land to increase knowledge and understanding of the importance of making a sale and purchase agreement with an authentic deed.]]>
<![CDATA[WANPRESTASI YANG DILAKUKAN OLEH DEBITUR ATAS PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN (STUDI KASUS PUTUSAN NOMOR 250/PDT.G/2020/PN.JKT.BRT) ]]>
<![CDATA[Syahrani Mutiara Afifah]]>
<![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.v4i2.18024
<![CDATA[A credit agreement is a bond between a creditor and a debtor whose contents determine and regulate the rights and obligations of both parties in relation to the granting of credit. The provision of bank credit facilities as creditors will require guarantees as security and certainty, because without bank guarantees it will be difficult to avoid risks that may occur if the debtor breach of contract. The guarantee that is considered the safest by the bank is the mortgage. If the guarantee is still tied to the mortgage but the certificate is broken, the mortgage will be nullified by law. Therefore, it is necessary to make a new Mortgage Deed. This thesis discusses how the breach of contract committed by the debtor on a credit agreement with a mortgage guarantee (case study of decision number 250/Pdt.G/Pn.Jkt.brt) and what are the implications of breaking a certificate that is still bound by a mortgage. In this study, the author uses a normative legal research method, where the research data studied is seen to be in accordance with the laws and regulations. The results of this study can be concluded that the factors causing the occurrence of bad loans are internal and external factors. The split of the certificate occurs due to the granting of new rights, the bank will execute the certificate that has been split to the debtor to provide a Power of Attorney to impose Mortgage and a new Deed of Granting Mortgage.]]>
<![CDATA[ANALISIS PENJATUHAN PIDANA REHABILITASI TERHADAP ANAK 0873 SEBAGAI PELAKU TINDAK PIDANA (Studi Putusan Mahkamah Agung Nomor 1298K/PID.SUS/2017). ]]>
<![CDATA[Shara Kindly Febiola]]>
<![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.v4i2.17924
<![CDATA[The law will never be separated from human life so if we discuss the law it will certainly be concerned with human life. A person who commits a criminal will definitely be subject to criminal sanctions in accordance with what criminal acts are committed and already written in an Act. Children who commit criminal acts have been regulated in an Act and General Review on Children, one of which is Law No. 11 of 2012 concerning the Juvenile Criminal Justice system. Minors who commit a criminal offense are usually due to the surrounding environment that is not good or parents who do not teach which children are good or bad may even be parents who make the child commit a criminal act. Children who commit criminal acts must still be legally protected and guaranteed because the child is still in the process of growth so that the child must be free from things that interfere with the child's growth.Children as a criminal offense in addition to being subject to prison penalties would be better if the child is processed through the Rehabilitation process. In its application, rehabilitation is applied to narcotics criminals but it would be better if the criminal investigation of rehabilitation is applied to children as other criminal offenders]]>
<![CDATA[ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 99K/TUN/2020 TENTANG SENGKETA TERBITNYA SERTIPIKAT TANAH ANTARA PEMERINTAH PROVINSI DKI JAKARTA MELAWAN PT. BUANA PERMATA HIJAU ]]>
<![CDATA[Matthew Sebastian]]>;
<![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.v4i2.17773
<![CDATA[Land is closely related to humans. This creates conflict in society. Especially regarding arable rights whose rules are not yet clear. Often disputes occur between civil society and government officials, especially regarding land used for development in the public interest. The author wants to know what are the legal considerations of the Supreme Court in the decision number 99K/TUN/2020 which strengthens the usufructuary rights number 314/315 belonging to the DKI Jakarta Provincial government, by analyzing the validity of the land certificate belonging to the DKI Jakarta Provincial Government in this case, with the applicable rules. The research method used is normative research. Based on the author's analysis, there are several things that make the judges should not ignore the arable rights of PT Buana Permata Hijau. Some of these things are that the SK on price estimation which is used as the basis for the consignment has expired. Then the consignment made is not in accordance with the applicable regulations. In addition, the handover by PT Agung Podomoro to the DKI Jakarta Provincial Government was not in accordance with the applicable regulations. This is used as the basis for the issuance of a certificate of use rights of the DKI Provincial Government. Therefore, it can be concluded that the certificate of use rights of the DKI Provincial Government is not appropriate to be issued by the National Land Agency because the land is still in a state of dispute.]]>
