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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
PEMBELAAN TERPAKSA DALAM DELIK PENGANIYAAN YANG MENYEBABKAN LUKA RINGAN (STUDI TERHADAP PUTUSAN PN PADANG NO, 372/PID.B/2020/PN.PDG) Ahmad Yani Y Alhaddad; Rugun Romaida Hutabarat
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.v4i2.18017

Abstract

Noodweer or self-defense is one of the reasons for eliminating crime and is described in Article 49 (1) of the Penal Code. The act committed is the basis of justification known as the basis of justification. That is, Apology can rule out the nature of the illegal act, and the act committed by the defendant may be correct. However, the problem with writing is that ES was attacked by AF and Eko should be considered a victim. However, in reality, the judge of Judgment No. 372 / Pid.B / 2020 / PN.Pdg accused Defendant ES in Article 351 (1). .. To complete this study, the author uses four theories: the theory of reasons for crime exclusion, the theory of criminal activity, the theory of criminal imposition, and the theory of judge authority. Court decision NP No. 372 / Pid.B / 2020 / Pn.Pdg stated that the defendant did not meet one of the conditions for compulsory defense and therefore did not prove to have taken compulsory defense under Article 49 (1). The defendant was found based on paragraph (1). Article 351 was condemned. Regarding tracking of identified items, such as (1) anyone, (2) items that are offensive or injured, (3) items that are intentionally worn.
AKIBAT HUKUM TRANSAKSI PERJANJIAN SEWA MENYEWA ATAS DASAR KEPERCAYAAN KEPADA TEMAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI PANGKALPINANG NO. 36/PDT.G/2020/PN.PGP) Hanseen Hanseen
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.v4i2.18029

Abstract

In the implementation of leasing land and buildings, of course, it cannot be separated from risks or problems that occur that are not in accordance with the agreement letter that has been agreed between the lessee and the lessor. The formulation of the problem in this thesis is how the legality of the lease deed signed by a legal subject who does not have the authority to act on behalf of a second business entity, what are the legal consequences of the act of signing the lease deed by a legal subject who does not have the authority to act? represent a business entity. This research includes a normative research typology. Collecting data obtained through interviews with the defendants, lawyers and academics and in the study of literature or appropriate documents, then presented descriptively and analyzed qualitatively. The analysis was carried out with a juridical-normative approach. This thesis aims to provide an understanding to tenants regarding legal remedies for dispute resolution in land lease agreements on the basis of trust in friends and to provide an understanding of what steps can be taken to obtain their rights as owners. Based on the provisions of Article 1320 of the Civil Code.
KEABSAHAN PENGESAHAN PERJANJIAN PERDAMAIAN PADA PERKARA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (Studi Putusan Nomor: 24/Pdt.Sus-PKPU/2021/PN Niaga Jkt.Pst.) Jenny Lim; Ariawan Ariawan
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.v4i2.17941

Abstract

In the world of trade and commerce, there are certain times when the company experiences financial difficulties, so that the company/debtor has difficulty or is no longer able to pay its debts. Considering that Bankruptcy is an Ultimatum Remedium, a regulations regarding Postponement of Debt Payment Obligations (PKPU) is enacted. In PKPU, there is a peace plan known as peace agreements. This opportunity is given to debtors to save the company from bankruptcy, so that it can settle its debts. For the research, The author examines using normative juridical research methods. As the results of the research, it can be concluded that, the ratification of a peace agreement must meet the requirements and procedures for ratification of a peace agreement as regulated in the bankruptcy law and PKPU. In offering a peace agreement it must be in a good faith, the benchmark of good faith is when The agreement is based on pretium iustum which refers to reason and equity which implies a balance between losses and gains for both parties in the contract (just price)
KEBIJAKAN FORMULASI KORPORASI PENYELANGGARA APLIKASI PINJAMAN ONLINE ILEGAL SEBAGAI SUBJEK PIDANA Dyah Dewi Alifia Rachma
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.v4i2.17946

Abstract

Fintech Peer-To-Peer Lending is an information technology-based lending and borrowing service that is supervised by the OJK. But over time, illegal Fintech companies emerged that did not have permission from the OJK, causing new problems. These illegal fintechs commit crimes in terms of billing, such as making threats by distributing personal data. Meanwhile, in addition to that, there is no specific law that regulates Fintech, so in this case there is a need for a formulation policy related to corporations providing illegal online loan applications as an effort to overcome crime committed by corporations. The reorientation and reformulation of corporations that administer illegal online loan applications as criminal subjects shall at least include the following provisions: 1) When can a corporation that administers online loan applications be said to be criminal acts committed by the company; 2) Who is Criminally Responsible for Crimes Committed by Corporations Organizing Illegal Online Loan Applications; 3) Types of Sanctions Appropriate to Corporations Organizing Illegal Online Loan Applications as Criminal Subjects
ANALISIS YURIDIS TERHADAP PENEGAKAN HUKUM MODIFIKASI KENDARAAN BERMOTOR RODA DUA YANG MENGALAMI PERUBAHAN DIMENSI DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Pius Nifatere Jokhe; Amad Sudiro
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.v4i2.17879

Abstract

Motorcycles that were previously only used as a means of transportation, now have another function, namely as an identity function for the owner. Modified motorbikes that have changed dimensions are currently being loved by various groups from young people to the elderly, but the existence of these modified vehicles is still not in accordance with the terms and conditions provided by law to obtain and use modified motorbikes. undergoing a dimensional change. In this study, the author uses a normative research method. Based on the data that has been obtained and analyzed by the author, the lack of firmness by law enforcement officers in taking action against these violations is one of the reasons why many modified motorcycles have changed dimensions and can move freely on the highway. Also, the weak level of socialization provided adds to the lack of public awareness to know the procedures and requirements that must be met in order to be able to modify a motorcycle. The existence of a motorized vehicle that has been modified with a change in type without conducting a type test first will greatly endanger the safety and security of motorists and other road users
PERALIHAN HAK ATAS TANAH MENGGUNAKAN KUASA JUAL OLEH PPAT BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 ATAS PERUBAHAN PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 TENTANG PERATURAN JABATAN PEJABAT PEMBUAT AKTA TANAH. (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 3017 K/PDT/2019 JO PUTUSAN MAJELIS PEMERIKSA PUSAT NOTARIS NOMOR 08/B/MPPN/IX/2018) Mutiara Indah Parawansa; 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.v4i2.17951

Abstract

The author discussed the PPAT's act of diverting the right to land owned by the seller using the Deed of Sale Power then there was a problem of the legality of the transfer of land rights by using the selling power by PPAT based on Government Regulation No. 24 of 2016 on Changes to Government Regulation No. 37 of 1998 concerning the Regulation of the Office of Land Deed Making Officers. (Case Study of Supreme Court Decision No. 3017 K/PDT/2019 Jo Verdict of The Notary Central Examiner No. 08/B/MPPN/IX/2018) and PPAT liability by transitioning land rights using the power of sale. (Case Study of Supreme Court Decision No. 3017 K/PDT/2019 Jo Verdict of The Notary Central Examiner No. 08/B/MPPN/IX/2018). The study uses normative juridical research. The results of the study obtained that the transfer of land rights using the Selling Power, The Binding Agreement for Sale and Emptying of Property Certificate Objects only has the power of the deed under the hand so that it can be requested.
PERLINDUNGAN HUKUM TERHADAP PEMBELI RUMAH YANG PERUSAHAAN PENGEMBANGNYA DINYATAKAN PAILIT (Studi Kasus: PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR: 21/PdtSus-Pailit/2020/PN.Niaga.Jkt.Pst.) Sherly Angelina Chandra; 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.v4i2.17885

Abstract

Developer that is declared bankrupt can cause various legal consequences to the public, one of them is house buyer. House buyer already make Sale and Purchase Agreement with developer. However, when developer is bankrupt, then the house will be bankruptcy estate as long as the Deed of Sale and Purchase has not been proceed in the presence of a notary. In this paper, author wants to examine law protection to house buyer when the developer is bankrupt. Case is used in this paper is Central Jakarta Commercial Court Decision No: 21/Pdt-Sus-Pailit/2020/PN.Niaga.Jkt.Pst. This paper used a normative legal research method by statute approach and conceptual approach. The type of data that used in this paper is secondary data which includes primary legal materials and secondary legal materials. The result of this paper show that if viewed from Law No. 37/2004 on Bangkruptcy and PKPU, there is law protection for house buyer that bound under Sale and Purchase Agreement by registering become a concurrent creditor to get compensation. Author concluded that when a bankruptcy case occurs, the provisions used are those regulated by Law No. 37/2004 on Bankruptcy and PKPU considering that this law adheres to the principle of integration. The government should renew the bankruptcy conditions by implementing an insolvency test so that consumer creditors are protected from debtors with bad intentions, public should be careful in buying houses through the Sale and Purchase Agreement.
ANALISIS KEADILAN DALAM PEMIDANAAN TERHADAP IKUT SERTA MELAKUKAN PENGANIAYAAN BERAT DENGAN RENCANA Celine Florentza Simanungkalit; 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.v4i2.17956

Abstract

The crime of premeditated severe maltreatment is an act of persecuting another person, or severe persecution and carried out with a prior plan, can be punished with imprisonment for a maximum of twelve years, but if the act causes the person being persecuted to lose his life (experiencing death), shall be sentenced to a maximum imprisonment of fifteen years. In the process of a criminal act of serious maltreatment with a plan, it can be carried out with the participation or of a person, it is both physically and psychologically. And in the process of punishing the perpetrators, mistakes often occur in determining the class of the perpetrators which results in the achievement of a justice which is one of the objectives of the law itself in the judicial process. To achieve justice that is appropriate and based on law, proper and good thinking framework is needed by law enforcement officers in the judicial process, as well as improvement of positive law so that the basis used in deciding a case is appropriate and fair.
TANGGUNG JAWAB GANTI RUGI PENGELOLA JASA TERHADAP KEHILANGAN DAN KERUSAKAN KENDARAAN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR: 458K/PDT.SUS-BPSK/2017) Tatiana Imarasha; 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.v4i2.17890

Abstract

Humans are social creatures who will always be in touch and need each other. There are ten basic rights that humans have, namely: the right to live, the right to have a family and continue offspring, the right to develop oneself, the right to obtain justice, the right to personal freedom, the right to security, the right to welfare, the right to participate in government, women's rights and finally children's rights. According to Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia, it is stated that: The State of Indonesia is a State of Law. Based on the contents in this thesis, there is a problem, namely how the legal responsibility of parking service managers in the event of loss and damage to vehicles in the parking area (Case Study: Supreme Court Decision Number: 458K/PDT.SUS-BPSK/2017), further research objectives in this thesis To find out and analyze the form of legal responsibility for parking service managers in the event of loss and damage to vehicles in the parking area based on the case study of the Supreme Court decision number: 458K/Pdt.Sus-Bpsk/2017.
EFEKTIVITAS PEMBERLAKUAN SURAT IZIN MENGEMUDI TERHADAP PENGEMUDI DIBAWAH UMUR KECAMATAN KALIDERES, JAKARTA BARAT Gladys Natalie Aurielle Sirait; Gunawan Djajaputra
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.v4i2.17961

Abstract

The requirements for motorcycle drivers are regulated in Law No. 22 of 2009 concerning Road Traffic and Transportation, namely in Article 80 which reads "everyone who drives a motorized vehicle on the road is required to have a driving license in accordance with the type of motorized vehicle being driven". This writing raises the issue of the effectiveness of the application of a driving license to underage drivers, especially in Kalidere District, West Jakarta. However, this has not been achieved optimally, it can be seen in the phenomenon of the practice of underage drivers who are still commonly found on Highways, especially in Kalideres District, West Jakarta. This writing uses a normativeempirical method, namely where data collection is carried out by direct observation in the field through interviews, secondary data collection is carried out first before conducting interviews. With the increasing number of motorized vehicles, the facts show that many children are actually not old enough to drive a motorized vehicle. Whereas Law No. 22 of 2009 has regulated the problem of motorized vehicle drivers. Motorcycles have become an inseparable part of the lives of Indonesian people. Until 2016 the number of motorcycles in Indonesia reached 85 million vehicles. However, the large use of motorcycles in Indonesia has not been matched by awareness of driving safety

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