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[PERMOHONAN HAK GUNA BANGUNAN ATAS TANAH NEGARA BEKAS EIGENDOM VERPONDING DI KANTOR PERTANAHAN KOTA JAKARTA BARAT ]]>
<![CDATA[Frando Pranata Sihombing]]>;
<![CDATA[Endang Pandamdari]]>
<![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.v4i2.13595
<![CDATA[In the control of the former eigendom verponding after the enactment of the Basic Agrarian Law it becomes state land, therefore an application for state land must be made, in this case the application is submitted by the applicant to the state for a certificate of building use rights in accordance with the provisions of the legislation. rights from the land of the former State eigendom verponding at the West Jakarta Land Office and there are obstacles that occur in processing the application. The type of research used in this paper is normative research. To support this research, the author uses a type of literature study, namely reviewing several documents related to this research. The method used is a normative method with a statutory approach. The research data shows how to apply for a right to use a building on state land and there are obstacles in applying for a right to build on state land at the West Jakarta City Land Office.]]>
<![CDATA[PERLINDUNGAN HUKUM PEMEGANG HAK CIPTA KARYA SINEMATOGRAFI TERKAIT ADANYA DUGAAN PELANGGARAN HAK EKONOMI MELALUI APLIKASI SOSIAL MEDIA TELEGRAM (DITINJAU DARI UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA) ]]>
<![CDATA[Gabriel Lusia]]>;
<![CDATA[Christine S.T. Kansil]]>
<![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.v4i2.13635
<![CDATA[Uploading a creation in a social media app is evidence that the internet presence has become an impact in the modern era that keeps getting sophisticated . However, it can't be denied that it can cause several problems, with the occurrence of speculation violating economic rights especially for cinematography copyrights holders. This research used legal protection as a discussion point to cinematographic copyright holders, illegality reasons, and legal efforts that cinematographic copyright holders can use against hijackers that are using Telegram applications. The research method that is used is to regulate justice through the use of legal methods and conceptual methods. The result of the research conclude that cinematographic copyright protection in the form of preventive measures, alternative dispute solution with arbitration or repressive dispute resolution methods taken through the court. The reason why hijackers use the telegram application is because it is convenient, free and also Telegram doesn't have strict rules against misused channel. The cinematographic copyright holder that has been hijacked from the Telegram application can make an effort by giving a complaint about copying and hijacking to relevant instances.]]>
<![CDATA[ANALISIS PERLINDUNGAN HUKUM MEREK TERKENAL YANG BELUM TERDAFTAR DI INDONESIA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 790K/PDT.SUS-HKI/2020) ]]>
<![CDATA[Vanesha Margaretta]]>;
<![CDATA[Christine S.T. Kansil]]>
<![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.v4i2.17085
<![CDATA[Legal protection at TRIPS and international conventions is basically to protect the existence of well-known brands on an international scale against bad faith by other parties who want to join in and take advantage of these well-known brands. The problem faced is the legal protection of wellknown trademarks that have not been registered in Indonesia in the Supreme Court Decision Number 790 K/Pdt.Sus-HKI/2020. The research method used is normative juridical legal research. Research results show that the protection of well-known brands is primarily regulated in the Paris Convention for the Protection of Industrial Property (“Paris Convention”) and also in the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”). The provisions to protect well-known marks above apply to all member countries of the Paris Convention and signatories to the TRIPS Agreement (the World Trade Organization's TRIPS Agreement). Each member of the World Trade Organization (WTO) is a member of the World Intellectual Property Organization (WIPO), the Paris Convention and the TRIPS Agreement attached to WIPO. So that every member country of WIPO and WTO, including Indonesia, must submit to the two treaties. Government efforts through Trademark Law No. 20 of 2016 concerning Trademarks and Geographical Indications in providing protection against brands in Indonesia is a positive step from the government circles in this case the Directorate General of KI in uncovering every case of trademark disputes.]]>
<![CDATA[PENOLAKAN GARUDA INDONESIA TERHADAP PENUMPANG YANG DISEBABKAN KARENA PENEMPATAN HAND BAG DI LANTAI PESAWAT (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 2733 K/PDT/2018) ]]>
<![CDATA[Ricardo Calvin Enoni Nazara]]>;
<![CDATA[Sugandi Ishak]]>
<![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.v4i2.13641
<![CDATA[In aviation activities, sometimes disputes occur due to misunderstandings between passengers and cabin crew, and even lead to lawsuits in court. The problem faced is how the attitude of airplane passengers should be according to Law Number 1 of 2009 concerning Aviation and what actions can be taken by the Garuda Indonesia airline against passengers who violate the provisions of air transportation. The results show that the attitude of airplane passengers according to Law Number 1 of 2009 concerning Aviation (Case Study of Supreme Court Decision Number 2733 K/Pdt/2018) refers to Article 54 of Law Number 1 of 2009 concerning Aviation. Passengers are prohibited from violating the rules that have been implemented by the flight service provider, and disrupting the flight, and the captain of the aircraft has the authority to take action such as lowering the passenger. Actions that can be taken by Garuda Indonesia against passengers who violate the provisions of air carriage are that Garuda Indonesia must notify that the rules are so. Garuda Indonesia's obligation is to announce the conditions of carriage, and others. The terms of carriage are in the announcement. The conditions of carriage at Garuda Indonesia are regulated in Article 1 to Article 18 regarding the conditions of carriage regarding passengers and baggage. To prevent disturbance of order and comfort while using air flight services, of course, awareness of all stakeholders is needed in complying with all applicable legal regulations.]]>
<![CDATA[ANALISIS PEMIDANAAN PADA PUTUSAN PENGADILAN NEGERI DEPOK NOMOR 392/PID.B/2018/PN DITINJAU DARI PERLINDUNGAN KORBAN YANG MENYANDANG DISABILITAS ]]>
<![CDATA[Heski Manura Felinda]]>;
<![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.v4i2.17102
<![CDATA[People that have disabilities should have the same position,rights and also obligations as a normal people in general. Based on Law Nmber 39 of 19.99 about Human Rigmhts. Law Number 8 of Year 2.016 about Peoplewith Disabilities is a form of legal protection, and the fulfillment of rights that should be given to people with disabilities. But in fact, many people that have disabilities still have not received legal protection fully. Even when people with disabilities become victims of crimes, they experience difficulties in court proceedings due to their condition, which can be said when dealing with the law, people with disabilities are discriminated against, law enforcers and legal arrangements still assume that they are some groups of people who are not normal are neither capable nor legally competent in the judicial process. This research form is a normative legal research which is supported by a law approach and a case approach. The research aims to realize legal protection, as well as the fulfillment of the rights of persons with disabilities in court processes. Based on the results of this study, the fulfillent of the rights of people with disabilities as victims and witnesses has not yet been implemented properly in the form of fulfilling the rights of peoples with disabilitie in the face of judicial process, which should receive special treatment and legal equality, based on existing laws and regulations regarding disability people.]]>
<![CDATA[KEADILAN HUKUM DALAM MEMPERTIMBANGKAN POST TRAUMATIC SYNDROME DISORDER PADA PENJATUHAN PIDANA DALAM PENGADILAN TINGGI NOMOR 9/Pid.Sus-Anak//2020/PT DKI ]]>
<![CDATA[Syarah Alfiatin]]>
<![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.v4i2.17110
<![CDATA[As the law state, Indonesia has the purpose of protecting the entire Indonesian nation and all Indonesian bloodshed. It is clearly stated in the constitution of the republic of Indonesia that those who face legal issues, especially children, must get their fundamental rights while serving a sentence. In imposing criminal sanctions on children also, the judge must pay attention to children’s needs and rights. Besides, parents and state social workers must have a role ensuring the protection of the children. It becomes more crucial when the children have a mental disorder and must get continuous treatment as stipulated by law. In the children’s perspective, beyond the fact that whether the children act as perpetrators or victims, the children are still the victim. They can be the victim of parental neglect, misleading parenting, and even the lack of parental supervision. All these situations lead the children to commit law – violating acts. Children with Post Traumatic Syndrome Disorder must get a sense of security either from both parents or the state. The children must get social rehabilitation as special treatment until they recover from their mental disorder.]]>
<![CDATA[TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PEMBUATAN AKTA JUAL BELI YANG DIBUAT TANPA SEPENGETAHUAN DAN PERSETUJUAN PEMILIK OBJEK DALAM PUTUSAN NOMOR 347/PDT.G/2017/ PN.JKT.TIM ]]>
<![CDATA[Kevin Hernando Pratama]]>;
<![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.v4i2.13647
<![CDATA[In making a land deed, PPAT is required to have skills, accuracy, and ability in the field of land law and must be based on the knowledge or approval of the owner of the land object. The problem faced is how is the responsibility of the Land Deed Making Officer (PPAT) in making the sale and purchase deed made without the knowledge and approval of the object owner related to Decision Number 347/Pdt.G/2017/PN.Jkt.Tim. The research method used is normative juridical law research. The results showed that the PPAT that made AJB without the knowledge and approval of the object owner related to the East Jakarta District Court Decision Number 347/Pdt.G/2017/PN.Jkt.Tim is an act against the law and violates the provisions of Article 1365 of the Civil Code, because it is against the law. The principles of propriety, thoroughness and prudence as well as contrary to the legal obligations of the perpetrator so that it causes harm to the Plaintiff. Criminally, PPAT can be charged with Article 263 paragraph (2) of the Criminal Code. Administratively, PPAT can be dishonorably dismissed. In order to avoid misuse of identity and forgery of signatures in the making of PPAT deeds, PPATs are required to attach letters and documents as well as the fingerprints of those who appear on the Minutes of Deed as one of the obligations that must be carried out by Notaries.]]>
<![CDATA[KEPASTIAN HUKUM TERHADAP HAK-HAK MANTAN ISTERI PASCA PERCERAIAN (STUDI KASUS PUTUSAN PENGADILAN AGAMA JAKARTA UTARA NOMOR: 299/PDT.G/2021/PA.JU) ]]>
<![CDATA[Aji Ulul Azmi]]>;
<![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.v4i2.17124
<![CDATA[The fulfillment of a wife's livelihood does not only apply in marriage, but also after divorce. The problem is that there are often many divorce cases where the rights of ex-wives (iddah and mut'ah) are not fulfilled even though the decision requires them to be paid. This is like what happened in the North Jakarta Religious Court Decision Case Number: 299/Pdt.G/2021/Pa.Ju, so the problem arises how is the legal certainty of the rights of an ex-wife after divorce to the rights of iddah and mut'ah money? and what are the legal remedies if the iddah and mut'ah payments are not carried out in accordance with the North Jakarta Court Decision Number: 299/PDT.G/2020/PA.JU?Based on the analytical study that the ruling in the divorce case in the North Jakarta Religious Court Decision Number 299/PDT.G/2021/PA.JU regarding the rights of the wife after the divorce to the rights of iddah and mut'ah money, has not provided legal certainty, especially in certainty of execution of the judge's decision. This is because the ruling that requires the ex-husband to pay the iddah and mut'ah money has not been received before the divorce pledge is made, causing legal uncertainty, especially for divorced wives. Legal remedies that can be taken by the ex-wife if the iddah and mut'ah payments are not carried out according to the court's decision the means that can be done is to apply for execution at the religious court.]]>
<![CDATA[TANGGUNG JAWAB GANTI KERUGIAN AKIBAT KELALAIAN MASKAPAI PENERBANGAN BERDASARKAN UNDANGUNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI TERHADAP PUTUSAN NO. 433/PDT.G/2019/PN.JKT.PST) ]]>
<![CDATA[Felix Pranoto]]>;
<![CDATA[Ariawan ariawan]]>
<![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.v4i2.13655
<![CDATA[Service standard is a benchmark used as a guideline for the implementation of domestic scheduled commercial air transportation services and a reference for assessing service quality which is the obligation of scheduled commercial air transportation business entities to prospective passengers and economy class passengers in the context of quality, fast, and easy services. In the case of David M.L. Tobing, the absence of multimedia facilities that should have become the standard of maximum service standards. What is the responsibility of airlines to passengers due to negligence in supervision that causes the rights of passengers/consumers to be not fulfilled based on Law number 8 of 1999 concerning Consumer Protection? The author uses normative legal research methods using interview data as supporting data. The results of the study reveal that there is a form of responsibility in accordance with what has been regulated in Article 1365 of the Civil Code, namely every act that violates the law, causes harm to others, obliges people because of their mistakes to compensate for the loss. Business actors are responsible for providing compensation for pollution, damage, and/or consumer losses as a result of using traded goods and/or services.]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU USAHA YANG MENJUAL PRODUK PANGAN IMPOR TANPA IZIN EDAR MELALUI TOKO ONLINE (STUDI PUTUSAN NO 613/PID.SUS/2019/PN.PDG) ]]>
<![CDATA[Christopher Christopher]]>;
<![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.v4i2.17129
<![CDATA[In this modern era, technological developments are increasingly advanced and growing rapidly, because of these technological advances, it supports transactions through online shops, causing some business actors who sell goods and services both domestically and abroad who do not have a license. certain of the goods it sells. And these goods have been circulated and traded freely, so that business actors can sell goods with high competitiveness both domestically and abroad. Even the existence of free trade can have a negative impact on those who have bought it. Therefore, there must be the application of criminal liability to business actors who have committed criminal acts by selling products in the form of goods or services that violate an applicable provision. Based on the results of the analytical research in Decision No. 613/Pid.Sus/2019/Pn.Pdg, the perpetrator can be imposed with criminal sanctions because he has fulfilled one of the elements, namely the ability to be responsible for all his actions. In criminal liability which is one of the other requirements is the element of ability to be responsible for a criminal act. So every criminal act in the Criminal Code can generally be described into two types, namely subjective and objective elements. Based on the judge's consideration in Decision No. 613/Pid.Sus/2019/Pn.Pdg, the defendant should be sentenced to a fine because the defendant's actions clearly harm the state in terms of non-tax state income or abbreviated.]]>
