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.
Articles
239 Documents
Search results for
, issue
"Vol 4, No 2 (2021)"
:
239 Documents
clear
<![CDATA[ANALISIS PELAKSANAAN PENGELOLAAN ROYALTI HAK CIPTA LAGU DAN MUSIK OLEH LEMBAGA MANAJEMEN KOLEKTIF NASIONAL BERDASARKAN PERATURAN PEMERINTAH NO. 56 TAHUN 2021 ]]>
<![CDATA[Jevano Tri Alexander]]>;
<![CDATA[R. Rahaditya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i2.17913
<![CDATA[Songs or music are copyrighted works that are protected by copyright. Every Creator or Related Rights owner will get his economic rights in the form of royalties, if there are users or public service places that use songs or music for commercial purposes. Recently, the president signed and ratified the government's law and regulation Number 56 of 2021 regarding the management of royalties on song and/or music copyrights. This PP was issued to optimize and provide legal protection and certainty to the creator or the author's rights regarding song copyright royalties. So that all business people where public services are listed in the PP, such as cafes, restaurants, music concerts, cinemas, karaoke, and others, when using songs or playing songs created by others for commercial purposes are required to pay royalties through LMKN. The LMKN is an institution that has the authority to collect royalties for song and/or music copyrighted works from commercial users. However, how does LMKN conduct supervision in supervising commercial users and so that this Government Regulation is enforced? The PP also does not explain how LMKN supervises and monitors these public service places. As well as places of public service are also very widely spread throughout Indonesia. Therefore, LMKN really needs to pay attention to the mechanism for managing the collection of song and/or music copyright royalties so that creators and musicians in Indonesia are guaranteed legal protection and LMKN actually carries out their obligations as stated in PP 56 of 2021]]>
<![CDATA[DAMPAK ATAS OVERKAPASITAS PADA LAPAS TANGERANG DALAM PEMENUHAN HAK NARAPIDANA MENURUT UNDANGUNDANG NOMOR 12 TAHUN 1995 (STUDI PADA LEMBAGA PEMASYARAKATAN PEMUDA KELAS II A TANGERANG) ]]>
<![CDATA[Devi Ulan Dari]]>;
<![CDATA[Ade Adhari]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i2.18016
<![CDATA[Correctional Institutions as representatives of the government have tried to provide coaching services to prisoners as well as possible. In the context of this guidance, efforts are also made to ensure the fulfillment of the rights of prisoners. This study aims to determine the inhibiting factors of prisoners' rights and their impact at the Class II A Tangerang Youth Correctional Institution on the rights of prisoners in the Class II A Tangerang Youth Correctional Institution. This research is empirical research, where field interviews are conducted with the Youth Prison Class II A Tangerang, then the study of library materials by studying, reading, analyzing and analyzing the literature is also carried out to develop studies related to the title of this research.From the study it can be concluded that the impact of overcapacity in the Class II A Tangerang Children's Prison causes a lack of supervision of inmates, thus interfering with the rights of prisoners. Prisons whose number of prisoners exceed the existing capacity will hamper the functions and goals of the correctional institution and have the potential not to achieve the goals of development within the correctional institution. Various preventions have also been carried out by building new prisons and sending prisoners to prisons that are not classified as overcapacity]]>
<![CDATA[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. ]]>
<![CDATA[Muhammad Alkindi Soramoes]]>;
<![CDATA[Christine S.T. Kansil]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i2.17918
<![CDATA[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.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KORBAN SALAH TANGKAP ATAU ERROR IN PERSONA (STUDI KASUS PUTUSAN PENGADILAN NEGERI SEKAYU NOMOR 330.PID.SUS/2020/PN.SKY) ]]>
<![CDATA[Yunita Dimer Bustomi]]>;
<![CDATA[R Rahaditya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i2.17971
<![CDATA[False arrest is a mistake about the person in question or a mistake about the person and is a problem in the Criminal Justice System because of a violation of rights at one or all levels of examination. These violations can be in the form of procedural violations, administrative violations, violations against the suspect's personal self to serious violations such as fabricating witnesses and engineering evidence of a case. Criminal law aims to protect and save individuals from crimes in society, so that this goal must be maintained so that it is not possible for a crime to escape due to an error in the investigation or maybe vice versa there is no crime which due to an incorrect method of investigation causes innocent people to suffer and be punished. crime without being based on the law. Legal protection for victims of wrongful arrest in criminal justice is regulated in Law no. 8 of 1981 concerning the Criminal Procedure Code (KUHAP), namely in the form of Compensation and Rehabilitation. Provisions regarding compensation include acts of arrest, detention, prosecution, or trial or because they are subject to other actions without reasons based on law, or because of errors regarding the person or the law that is applied. The application for compensation for the decisions that have been submitted until the court stage is completed by the District Court. Meanwhile, rehabilitation can be obtained by someone who has been released or released from all legal claims whose decision has permanent legal force. The amount of compensation claims that can be submitted by victims of wrongful arrests based on PP No. 92 of 2015 concerning the Second Amendment to Government Regulation No. 27 of 1983, namely the amount of value obtained by a person who is acquitted or dismissed from all legal claims whose decision has permanent legal force. Meanwhile, rehabilitation is given and submitted at the same time in a court decision that has permanent legal force.]]>
<![CDATA[ANALISIS YURIDIS TERKAIT FUNGSI DAN KEWENANGAN DPD DALAM KETATANEGARAAN INDONESIA ]]>
<![CDATA[Tifanni Tifanni]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i2.17472
<![CDATA[State institutions that emerged after the amendment to the 1945 Constitution were regulated in article 22 called the Regional Representative Council (DPD) with the aim that the regions have the right to participate in decision making and to accommodate the aspirations of the regional community, but there are problems in the functions and powers of the DPD which which is not in accordance with the initial purpose of forming the Regional Representative Council (DPD), this study aims to analyze the functions and authorities of the DPD after the amendment to the 1945 Constitution. This writing uses normative research, and also uses legal sources from books, laws and regulations and websites. This research shows that after the amendment to the 1945 Constitution the functions and powers of the DPD are very limited, therefore it should make changes related to the functions and authorities of the DPD in order to carry out their duties properly.]]>
<![CDATA[PENAFSIRAN HAKIM TERHADAP ALASAN SALAH SANGKA SEBAGAI PENYEBAB .PEMBATALAN SUATU PERKAWINAN DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG.PERKAWINAN (STUDI KASUS PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 981/Pdt.G/2020/PA.BTL) ]]>
<![CDATA[Marcelino Valentin]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i2.17976
<![CDATA[Marriage cancellation can be done if a marriage does not meet the marriage requirement. Article 27 paragraph (2) of Marriage Law states that the reason for the cancellation of marriage is the existence of misunderstanding regarding the husband or wife. In this writing this law analyzes using legal construction or analogy. In analogy, different but similar, similar, or similar events arranged in law are treated equally. In this writing the result is that homosexual can be the reason for the cancellation of marriage because of a mistaken opinion about the husband. This is done using the method of legal discovery with legal construction argumentum per analogiam on the judge’s decision that grants the cancellation of marriage because the spouse is a bisexual. The legal consequences of the cancellation of marriage result in a relationship between husband and wife, the position of the child, and shared assets. Regarding the relationship between husband and wife, after the existence of a court decision with permanent legal force, marriage is deemed to have never existed, then the child remains a legitimate child and remains the responsibility of both parents. Regarding the joint assets, the agreement between the two parties, the sharing of shared assets must not harm the well-intentioned parties, however, those with good intentions must benefit, even those with bad intentions must bear all losses.]]>
<![CDATA[AKIBAT HUKUM TERHADAP PEMBELI BERITIKAD TIDAK BAIK DALAM TRANSAKSI JUAL BELI TANAH ]]>
<![CDATA[Yoliandri Nur Sharky]]>;
<![CDATA[Tundjung Herning Sitabuana]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i2.17478
<![CDATA[This research explains how the criteria of buyers are not good and the legal consequences of buyers have bad intentions in buying and selling land in the case of the 1943K / Pdt / 2019 verdict. The research method used is a normative juridical research method. The data source used is secondary data. Data collection techniques use literature study techniques. The results showed that: 1) land buyers were declared badly intentioned buyers in the case of 1943K / Pdt / 2019 because buying and selling was done not using a legal rights basis because they did not research and be careful in buying and selling land that caused buying and selling contrary to the law, namely unfulfilled Article 1320 of the Civil Code, material requirements and formal conditions of land buying and selling, and did not meet the criteria of buyers with bad intentions according to SEMA No.4/2016. 2) The legal consequences of the buyer in bad faith cause the agreement to buy and sell land until the issuance of the certificate of land rights becomes null and void and has no binding legal force. Conclusion of this study 1) The criteria of buyers with bad intentions is that buyers are not careful and do not research the land purchased, buying and selling using unauthorized rights, rejecting the good faith of the seller, not meeting the requirements of Article 1320KUH Civil, do not meet the material requirements and formal requirements of buying and selling land, and do not meet the criteria of buyers in good faith SEMA No.4/2016.]]>
<![CDATA[TINJAUAN PERLINDUNGAN HUKUM TERHADAP KONSUMEN ROKOK TANPA LABEL PERINGATAN KESEHATAN BERUPA GAMBAR BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (ANALISIS PUTUSAN NOMOR 410/PID.SUS/2020/PN BTM) ]]>
<![CDATA[Angela Devina]]>;
<![CDATA[Vera W. S. Soemarwi]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i2.17981
<![CDATA[Cigarettes are currently not only known in the form of bars but also in the form of electric cigarettes or what is often also called vapor. In Indonesia, cigarettes are no longer foreign objects to be consumed but have become a habit of people to consume cigarettes. The government has tried to make various efforts to make people aware of how dangerous it is to consume cigarettes namely, the issuance of Government Regulation no. 109 of 2012 concerning the Safeguarding of Materials Containing Addictive Substances in the Form of Tobacco Products for Health, a Decree of the Head of the Food and Drug Monitoring Agency of the Republic of Indonesia (BPOM RI) is stipulated on the Procedure for Supervision of Circulating Cigarette Products and Advertising. Regarding health warnings in the form of pictures and writings that have one meaning that is printed together with the product packaging, it is very clear that it is te obligation of business actors as stated in Article 14 of Government Regulation no. 109 of 2012 and also regulated in Article 4 of Law Number 8 of 1999 concerning Consumer Protection and Article 7 of Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK).]]>
<![CDATA[HOMOSEKSUAL DALAM PANDANGAN HUKUM ISLAM DAN HUKUM POSITIF INDONESIA ]]>
<![CDATA[Choirun Nisa]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i2.17986
<![CDATA[Islamic law sees that sexual desire is a human nature given by Allah. Thus, Islamic law regulates the form of action to channel human biological desires with marriage. Islamic law prohibits any sexual act that is not in accordance with the nature and teachings of Islam, for example homosexuality. Homosexuality is an act that is forbidden and cursed by Allah. This act is clearly prohibited as stated in the Qur'an and Hadith. The opinions of the Ulama and the arguments of Islamic law have agreed to prohibit homosexual acts. This action will only cause losses such as venereal disease, oral cancer and others. From the arguments governing homosexuality, there are several arguments that say that homosexual perpetrators must be killed, punished, and even put in prison.]]>
<![CDATA[TANGGUNGJAWAB BADAN PERTANAHAN NASIONAL (BPN) DALAM KEGIATAN PENGUKURAN DAN PEMETAAN BIDANG TANAH DALAM RANGKA PENERBITAN SERTIPIKAT MENURUT PP NO. 24 TAHUN 1997 DAN PMA/KBPN NO. 3 TAHUN 1997 (CONTOH KASUS PUTUSAN PENGADILAN NEGERI JAKARTA BARAT NOMOR 720/Pdt.G/2019/PN.Jkt.Brt.) ]]>
<![CDATA[Susanto Agata Margita]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i2.17758
<![CDATA[This article is entitled “Responsibility of the National Land Agency (BPN) in the Activities of Measurement and Mapping of Land Fields in the Context of Issuing Certificates according to Government Regulation No. 24/1997 and PMA/KBPN No. 3 of 1997 (Example Case of West Jakarta District Court Decision Number 720/Pdt.G/2019/PN.Jkt.Brt.)". To know the responsibilities of BPN and legal remedies in land measurement and mapping activities in the event of a dispute. Issuance of certificates carried out by BPN must comply with the requirements stipulated in the law. In the core there is a dispute between the parties against the same object. In this type of research, the approach is normative, namely by legislation with secondary data, namely articles, legal journals. What is the responsibility of BPN in land measurement and mapping activities? What are the legal remedies for landowners against certificates issued by BPN? negligence and carelessness in issuing certificates can cause problems. These problems can be detrimental to either party of the measurement and mapping. Legal efforts that can be taken to resolve the problem in 2 (two) ways, which can be resolved outside the court or can be resolved through the court.]]>
