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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
KEBIJAKAN HUKUM PIDANA NON – PENAL DALAM MENANGGULANGI PERBUATAN PIDANA PEMALSUAN SURAT BEBAS CORONA VIRUS DISEASE 2019 Teerza Febe Jennifer
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.v4i2.17991

Abstract

The current Covid-19 in Indonesia has made the Government set several new policies in order to prevent the spread of the coronavirus. One of them is to show a rapid test when going to work or vacation. But, at this time too many people took the opportunity to take a fake rapid test. Even Though the rapid test should not be faked when conditions are not conductive like this because it can harm yourself and other people. This matter must be resolved as soon as possible both penal and non-penal. This research will be a normative legal research with statutory law and factual law. Through of this journal, will explained the concept of non-penal in tackling the criminal act of letter forgery. Actually, forgery letter has been regulated in the criminal law code, article 263 to 276. However, the increasing number of forgery letter cases proves that the penal policy is nit enough, so it needs to be accompanied by a non-penal policy.
ANALISIS PERLINDUNGAN HUKUM TERHADAP GANTI KERUGIAN AKIBAT INVESTASI ILEGAL Leonard Arminta; 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.v4i2.18011

Abstract

Crimes in the financial sector continue to emerge, along with various types of new investment methods. In the past people invested their money in property, foreign currency, stocks, gold and bank deposits. but now many people are investing their money into digital money. For example, crypto currency is a development and evolution of digital money. and all investments basically aim to make a profit with the money spent, but when it comes to investment then we must know that all investments have risks. but there is one risk that is worst known as fraudulent investment. where this fraudulent investment deceives its victims by investing in something that doesn't actually exist, so that there will be a time when the investment will be completely lost. and will lead to fraud to all investors on these fraudulent investment. Especially in new types of investments, even now people invest their money in trading robots. And this is triggers a lot of potential crime and fraud in investments. So the protection of laws is the most important things to get compensation in investment fraud activities.
PEMBUKTIAN UNSUR PATUT DIDUGA PADA DELIK PENADAHAN KENDARAAN BERMOTOR DALAM PUTUSAN PENGADILAN NEGERI MALANG NOMOR 123/Pid.B/2017/PN.MLG Wahyu Jati Kuncoro; 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.v4i2.18005

Abstract

Criminal Offense in Indonesia have been clearly regulated in Article 480 of the Criminal Code, where a person is declared as an intermediary if he has fulfilled the elements contained in Article 480 of the Criminal Code, The elements in this article are where he rents, buys, receives as a gift, accepts a pledge, accepts an exchange, or because he wants to earn a profit from selling, mortgaging, exchanging, hiding, storing, or carrying goods that he knows, where the elements contained in the article are: The emphasis is on the recipient or buyer of the goods who must be considered as supposed to know and reasonably suspect that the goods to be purchased or received are goods obtained through the proceeds of crime. The problem faced is how to prove the suspected element in the offense of arresting a motor vehicle in the Malang District Court Decision Number 123/Pid.B/2017/PN.Mlg. The research method used is normative juridical. The results of the study indicate that the elements contained in the article focus on the recipient or buyer of the goods who should be considered as supposed to know and reasonably suspect that the goods to be purchased or received are goods obtained through the proceeds of crime. Therefore, the public is required to always be vigilant and should be suspicious and be more careful in obtaining or buying an item, first check the item, that the item is of clear origin and is not obtained from the proceeds of a crime.
PERLINDUNGAN HUKUM PENGGUNA MARKETPLACE TERHADAP DUGAAN PELANGGARAN HAK PRIBADI YANG DILAKUKAN JASA PENGIRIMAN BERDASARKAN HUKUM POSITIF DI INDONESIA (Contoh Kasus Viral Transaksi Jual Beli “Cash On Delivery”) Jesselyn Valerie Herman; 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.v4i2.17769

Abstract

Trading through the market has increased along with the times, especially during the COVID19 pandemic. The number of parties involved is due to the legal consequences of its own in its implementation in the field, especially shipping service companies that play an important role in the implementation of distributing goods to buyers. However, in practice, there are often complex problems between the courier and the buyer who are the end of online buying and selling transactions. In this study, two problems will be discussed, i.e. how is legal protection and who can be responsible for the alleged violation? considering that the delivery service is only for delivering goods and taking payments using the Cash On Delivery (COD) method. This study used normative legal research methods, secondary data types derived from library materials with qualitative descriptive data collection, followed by a statute approach and a case approach. Based on the results of the study, it shows that the innovations caused by the COD payment mechanism do not yet have protection for buyers and couriers because there are no guidelines that provide clear guidelines, especially in the procedures and limitations of taking photos as electronic evidence, resulting in not being able to overcome the problems faced by couriers in sending goods. with the COD system. Therefore, the government has an important role in supervising the rules issued unilaterally by electronic system operators in carrying out transactions through applications regulated in positive law in Indonesia. If there is a violation of the provisions of electronic evidence such as the distribution of expedition videos without the buyer's consent, then both the government and the organizers can give a warning and a strong legal basis so that the buyer can fight for his rights against the actions of the expedition courier as a delivery person.
PELAKSANAAN PEMUTUSAN HUBUNGAN KERJA TERHADAP PEKERJA YANG TERKENA PEMUTUSAN HUBUNGAN KERJA SEPIHAK KARENA KESALAHAN BERAT BERDASARKAN PUTUSAN MK NO. 012/PUU-I/2003 Emilya Costa Yolanda R
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.v4i2.18025

Abstract

This thesis discusses the implementation of termination of employment for workers who affected by unilateral termination of employment due to serious errors based on Constitutional Court Decision No. 012/PUU-I/2003 study of Medan District Court Decision Number:10/Pdt.Sus-Phi/2017/PN.Mdn. This study uses a normative legal research method with a prescriptive nature of research. From this study, two problems were taken, how the implementation of termination of employment for workers who were affected by unilateral termination of employment due to serious errors based on Constitutional Court Decision No. 012/PUU-I/2003; and what are the consideration of the Panel of Judges in makin decisions regarding termination of employment due to serious errors. That the implementation of termination of employment due to serious errors can be carried out after obtaining a criminal court decision that has legal force. Everyone who has been terminated due to serious misconduct is entitled to protection and certainty through a fair legal process.
PELAKSANAAN PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) MENURUT PERATURAN MENTERI AGRARIA DAN TATA RUANG/KEPALA BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA NOMOR 6 TAHUN 2018 (CONTOH KASUS: DESA LEMBANGSARI KECAMATAN RAJEG KABUPATEN TANGERANG) Wiranti Agustina Ningrum; 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.v4i2.17937

Abstract

Land has a high economic value and can be the obligation of every individual to maintain and maintain its existence as an object that is considered very economical on the grounds that land has benefits for the implementation of development, not least land can cause various kinds of problems for humans so that its use must be controlled. as well as possible so that new problems do not arise in people's lives. The provisions in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia which states "Earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people". Complete Systematic Land Registration, which is abbreviated as PTSL, is a land registration activity for the first time that is carried out simultaneously for all objects of land registration throughout the territory of the Republic of Indonesia in one village/kelurahan area or another name of the same level, which includes the collection of juridical data regarding one or more Some land registration objects for registration purposes, this is regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018. The free land certificate program provided by the government is a concept from President Jokowi, with the aim of reducing land problems in the midst of society. This program has been implemented and is being carried out in stages. In the context of realizing the presence of the state in the land sector by providing legal certainty of land rights as proof of ownership rights as mandated in Article 19 of the UUPA, the government is obliged to carry out land registration throughout the territory of the Republic of Indonesia.
ANALISIS TANGGUNG JAWAB PEJABAT LELANG KELAS I ATAS KESALAHAN REDAKSIONAL RISALAH LELANG TERKAIT EKSEKUSI HAK TANGGUNGAN MELALUI PERMOHONAN KEPADA KETUA PENGADILAN (STUDI KASUS: PENETAPAN NOMOR 02/EKS.HT/2018/PN.SNT)ANALISIS TANGGUNG JAWAB PEJABAT LELANG KELAS I ATAS KESALAHAN REDAKSIONAL RISALAH LELANG TERKAIT EKSEKUSI HAK TANGGUNGAN MELALUI PERMOHONAN KEPADA KETUA PENGADILAN (STUDI KASUS: PENETAPAN NOMOR 02/EKS.HT/2018/PN.SNT) Lavetta Ferels; 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.v4i2.17774

Abstract

Determination Number 02/Eks.HT/2018/PN.SNT, granted the request for revocation of execution. Excerpt from the Minutes of Auction number: 203/2013 describes the auction object that was sold but there is an editorial error regarding the PLTU Turbine, it should be the PLTU Turbine Building. What is the Class I Auction Officer's responsibility for editorial errors in the Auction Minutes? What legal remedies can a third party take for the editorial error of the Minutes of Auction?. The problems were analyzed comprehensively by using normative juridical law research methods. Each auction must be preceded by an announcement of the auction, then Minutes of Auction are made by the Auction Officer. The buyer receives a Minutes of Auction Quotation as a Deed of Sale and Purchase. Correction of editorial errors after the Auction Minutes is closed and signed may not be carried out, unless there is a principal editorial error related to the legality of the subject and object of the auction which can harm the seller and/or buyer if no correction is made, or becomes a finding of the Superintendent or the functional examiner and needs to be followed up. with correction. Correction of editorial errors as stated in the Minutes of Written Warning is the lowest level of sanctions that can be given to the Auction Officer in the event of an editorial error in the minutes of the auction. Article 40 of the Regulations for Selling in Public in Indonesia (Ordinance 28 February 1908, S. 1908-189, effective from 1 April 1908 states that the auctioneer is responsible for all losses arising from non-compliance with the provisions of articles 37, 38, and 39 above. Where in articles 37, 38 and 39 basically describe the minutes of the auction.
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.v4i2.17942

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)
PERTANGGUNGJAWABAN INFLUENCER DALAM PEMBUATAN KONTEN PENGIKLANAN MELALUI SOCIAL MEDIA YANG MENGANDUNG INFORMASI PALSU (CONTOH KASUS KARTIKA PUTRI DAN DR. RICHARD LEE). Sergio Solaiman; 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.v4i2.17874

Abstract

We often encounter advertising practices through social media, this can be in the form of a practice we know as endorsement, but it is not uncommon that endorsements made by influencers contain false information. Of these cases, why are the influencers who assist the endorsement process rarely penalized while they participate in the process of advertising a product that harms consumers? The author examines the problem by using normative research methods. The research data shows that there are weak clauses in the UUPK that do not clearly define who is meant by advertising business actors, and what form of concrete responsibility is the advertising business actors. This weakness results in most endorsements containing false information leaving the influencers and endorsers free from sanctions and only focusing on the producers of the goods or services. As in the example of the case when endorser promoting beauty and cosmetic products to her followers on Instagram, but further investigation has proven that the product contains toxic and dangerous ingredients and requires a doctor's prescription to be able to use it. The results of this study indicate the need for an element of caution for endorsers and influencers against endorsement offers that do not have a license, both in their products and businesses, by doing so they will not be penalized. It is recommended that further regulation of advertising content on social media is needed so that there is differentiation of responsibilities of endorsers and influencers according to their actions and caution.
PENEGAKAN HUKUM LINGKUNGAN DALAM BIDANG PENGELOLAAN SAMPAH SEBAGAI PERWUJUDAN PRINSIP GOOD ENVIRONMENTAL GOVERNANCE DI KOTA SURAKARTA Verdy Verdianto; 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.v4i2.18030

Abstract

Waste management is still a problem which is not yet solved. This research aims to study the problems in waste management in Surakarta. It was a doctrinal/normative legal research using the statute approach, which then analyzed qualitatively. There are laws related to waste management in Indonesia, they are Law number 18 Year 2008 on Waste Management, Law No. 32 of 2009 on the Protection and Environmental Management, and some more. The law enforcement in waste management refers to the legal system i.e. structure, substance, and culture. There are two kinds of waste management law enforcement; preventive and repressive. The effectiveness of the enforcement refers to the combination of structure, substance, and law cultures of the community. The effective law enforcement on waste management also indicates the commitment of the government, both local and national, in applying the principles of Good Environmental Government in order to build community awareness on a good and healthy environment

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