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INDONESIA
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
PENERAPAN SISTEM PEMBERATAN PIDANA RECIDIVE GUNA MEMBERANTAS NARKOTIKA Julian Devara Asyraf; Ade Adhari
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.v4i2.18015

Abstract

This research is a normative legal research by collecting data on criminal decisions on the issue of narcotics recidivist Indonesia. This study uses a legal approach and a case approach that is related to the problems in this study, which are criminal cases regarding. The purpose of punishment is as a deterrent effect, coaching and educating the perpetrators so that they do not repeat their actions again and become better individuals in carrying out their lives so as to create security and protection for the people in Indonesia from the effect of drugs abuse and Undang-Undang Narkotika Nomor 35 Tahun 2009 concerning Narcotics can be used as a policy formulation that can be used as a policy that is used as a step to provide legal certainty to the community and also as an alternative to solving problems. Moreover, it can be used as a step as a preventive to recidivism which in essence is an integral part of efforts to provide legal certainty to the public, as well as a step alternative in solving a legal issue.
PERANAN KOMISI PENGAWAS PERSAINGAN USAHA TERHADAP INFLASI HARGA OBAT SELAMA PANDEMI COVID-19 Tiya Nur’aini; 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.v4i2.17919

Abstract

During the Covid-19 Pandemic, many negative impacts on life in general, such as a problem that newis currently occurring, namely the increase or inflation of drug prices, many business actors make this event a large profit field and can add to problems such as hoarding is an example of the case, namely the hoarding of drugs by PT ASA which also increases the selling price of its drugs and raises prices beyond the MRT(maximum retail price) provisions which can lead to monopolistic practices and unfair business competition between business actors. with the main problem: What is the role of the Business Competition Supervisory Commission (BCSC) on Drug Price Inflation During the Covid-19 Pandemic? . The method use a normative research that the results of this study indicate that problems with inflation or drug prices increase must be addressed by the Business Competition Supervisory Commission (BCSC) in carrying out its role in efforts to prevent monopolistic practices and business competition in every business activity and can foster a conducive business climate through the creation of fair business competition, and prevent monopolistic practices and or unfair business competition caused by business actors, as well as create effectiveness and efficiency in business activities in the context of increasing national economic efficiency as one of the efforts to improve people's welfare is the objective of BCSC in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.
KEPASTIAN HUKUM PEMIDANAAN TERHADAP DELIK KETERANGAN TIDAK BENAR ATAU MENGGUNAKAN SURAT PALSU SEBAGAI CALON BUPATI PILKADA (STUDI KASUS DI SABU RAIJUA PUTUSAN MK NOMOR : 135/PHP.BUP-XIX/2021) Mazmur Prima Dimu Heo; 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.v4i2.17972

Abstract

Indonesia applies as a single citizenship (monopartite) for those who are legally capable or are 18 years old based on Law Number 12 of 2006 concerning citizenship, but what attracts attention is the dual citizenship of the candidate for Regent in Sabu Raijua Orient Patriot Riwu Kore who has American passport which means automatically being a citizen of the United States (US) and at the same time Oriet Patriot Riwu Kore masi is registered as an Indonesian citizen (WNI), based on the conditions that must be met to become a candidate for regional head as stipulated in the Act. Law number 10 of 2016 concerning Regional Head Elections (Pilkada) which states that only Indonesian citizens can become candidates for Regional Head, because of that formally fully the requirements to be appointed as a candidate for Regent contains formal legal defects because only Indonesian citizens should (WNI) only can calo n himself as a candidate for regent. Therefore, the determination of the Orient Patriot Riwu Kore as regent of the candidate pair 2 must prove that it is against the law (illegal) or null and void (null and void or void ab initio). Further, based on the decision of the Constitutional Court Number: 135/PHP.BUP-XIX/2021 only administrative sanctions were given, namely the disqualification of candidate pair number 2, Orient Patriot Riwu Kore and a re-vote (PSU) criminal sanctions for being dishonest or providing incorrect information regarding their citizenship status.
Fungsi dan Peran Badan Perwakilan dalam Sistem Hukum Tata Negara Leona Citra Maranatha; 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.v4i2.17474

Abstract

In Indonesia, the state administration system is regulated in the 1945 Constitution, Laws or Government Regulations in Lieu of Laws, Government Regulations, Presidential Regulations, and Regional Regulations. While the power of authority lies at the national level to the lowest citizen group which includes the MPR, DPR, President and Vice President, Minister, MA, MK, BPK, DPA, Governor, Regent/Mayor, to the RT level. These powerful institutions act as representatives of the voices and hands of the people, because Indonesia adheres to a democratic system. The institution is filled by the people of the country who carry out the government of the country. The general understanding of HTN is a set of rules or rules governing state organizations, state equipment, authority of state equipment, relations between state equipment, and the duties and functions of state equipment. The subjects of HTN are State institutions according to the 1945 Constitution (MPR, PRESIDENT, DPR, DPD, Supreme Court, Judicial Commission, Constitutional Court, and Supreme Audit Agency), officials / figures, and citizens. Of the HTN subjects, there are those who act as representative council which have their own roles and functions. The representative bodies in the HTN are the MPR, DPR and DPD. Representative institutions or the so-called parliament generally has 3 functions, the function of legislation, the function of supervision, and the means of political education. As for the function of parliament according to Jimmly Asshidiqie are the legislative function, the supervisory function, and the representative function.
ANALISIS PEMIDANAAN DALAM TINDAK PIDANA KEPABEANAN (STUDI KASUS NOMOR 1313/PID.SUS/2018/PN.JKT.UTR) Dwiayu Agengsar
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.v4i2.17977

Abstract

The crime of smuggling is a form of crime that is very detrimental to the government in terms of state revenue and is very disturbing to the community in terms of economic stability. State consists of tax receipts, tax opening recepicts, and grants. The state of Indonesia as a legal state requires the realization of a flexible legal system based on Pancasila and the 1945 Constitusion which contains the principile of justice. This type of research aims to provide a systematic explanation of the rules governing a particular category of law. The method used is normative and the specifications are descriptive analytical, where with research, it can produce arguments which can then be useful to build a new mindset and provide something positive. The results of this study gave birth to an argument based on the facts that a country needs to accommodate an international trade but still adhere to the existing regulations in Indonesia law or other countries
PERBANDINGAN KETENTUAN KEPEGAWAIAN INDONESIA ANTARA UNDANG-UNDANG NOMOR 8 TAHUN 1974 JUNCTO UNDANG-UNDANG NOMOR 43 TAHUN 1999 TENTANG POKOK-POKOK KEPEGAWAIAN DENGAN UNDANG-UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA Joshua Evan Dwitya Pabisa; Muhammad Rullie Febian R; 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.v4i2.17479

Abstract

Law is required to always adapt to the times. In this case, employment law, especially in Indonesia, has undergone several changes to follow the dynamics of employment law regulations. Employment law does regulate specifically for civil servants and separates them from private employees. Rules related to employment law are contained in Law Number 5 of 2014 concerning State Civil Apparatus (UU ASN). However, long before the enactment of the Act, the legal basis used in the employment law was Law Number 8 of 1974 concerning the Principles of Employment. This study looks at the differences in the substance that is renewed by the government in the regulation of employment law in order to support more optimal public services. In his research, the author uses a descriptive normative legal research method. This study uses document or literature study techniques. The author then analyzed using qualitative analysis methodss.
FUNGSIONALISASI SANKSI PIDANA DALAM MENANGGULANGI TINDAK PIDANA DI BIDANG PERLINDUNGAN KONSUMEN UNTUK MELINDUNGI KONSUMEN DARI BAHAYA KOSMETIK TIDAK BERLABEL Ferdian Soni; Ade Adhari
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.v4i2.17982

Abstract

Currently, there are many cosmetic products circulating in the market that are not labeled without knowing the composition contained in them, so that it endangers consumers. The problems faced in this study are how effective the use of criminal sanctions in providing protection to consumers from unlabeled cosmetic products is and how to functionalize criminal sanctions in providing protection to consumers from unlabeled cosmetic products. The research method used in this research is normative juridical law research. The results of the study indicate that Law Number 8 of 1999 concerning Consumer Protection has basically provided legal protection to consumers. Criminal sanctions against perpetrators who produce or distribute unlabeled cosmetics have been clearly regulated in several laws and regulations including the Health Law, UUPK, PP Number 72 of 1998 and Perka BPOM No. HK.03.1.23.04.11.03724 of 2011 concerning Cosmetics Importation Control. In terms of being functional related to criminal sanctions in providing protection to consumers from unlabeled cosmetic products, it is by increasing public legal awareness to report on unlabeled cosmetics, conducting supervision of unlabeled cosmetics in circulation to find out who the manufacturer is and report it to the police. (c) BPOM and YLKI cooperate with law enforcement or cooperate with various parties to prevent the circulation of unlabeled cosmetics and hold a communication forum to bring together cosmetic industry producers and BPOM.
PENYELESAIAN KEPEMILIKAN KEWARGANEGARAAN GANDA DALAM PEMILIHAN KEPALA DAERAH KABUPATEN SABU RAIJUA (Putusan MK Nomor 135/PHP.BUP-XIX/2021) Amor Ghozi; Rasji Rasji
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.v4i2.18014

Abstract

The execution of the Indonesian state framework with a popularity based framework needs the appointment of local heads chosen by individuals in the district or area. The Political Decision Commission as the coordinator of the territorial head political race controls the execution of concurrent local head races in all areas of the Republic of Indonesia which were addressed in 2020 prior. Yet, there are cases connecting with double citizenship status in the choice of the Sabu Raijua official couple, East Nusa Tenggara. Situate Nationalist Riwu Kore up-and-comer Official number 2, demonstrated to have Indonesian and American citizenship. Situate Nationalist Riwu Kore subsequent to being dictated by KPU has the privilege to be a contender for official with the most noteworthy vote. In the choice of the Sacred Court Number 135/PHP.BUP-XIX/2021, the Established Court pronounced the preclusion of applicant number 2 Arrange Loyalist Riwu Kore and Thobias Ully from the appointment of Official and Representative Official of Sabu Raijua Rule. Subsequent to pronouncing preclusion the Sacred Court asked to re-vote..
AKIBAT PUTUSNYA HUBUNGAN PERKAWINAN TERHADAP HAK SUAMI ATAS HARTA BERSAMA YANG MASIH DALAM PROSES ANGSURAN (STUDI PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR 482/PDT.G/2017/PN.TNG JO. PUTUSAN PENGADILAN TINGGI BANTEN NOMOR 105/PDT/2018/PT.BTN Sherinne Sherinne; 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.v4i2.17759

Abstract

The result of marital relationship between husband and wife broke up that commonly influences to the marital’s joint property. Marital’s joint property after the dissolution of marital relationship is usually distributed between husband and wife in balance. This case in Decision of the Tangerang State Court No. 482/Pdt.G/2017/PN.Tng Jo. Decision of the Banten High Court No. 105/PDT/2018/PT.BTN, dissolution of marital relationship between husband and wife still have the obligation to pay the house installments. After the dissolution of marital relationship, the ex-husband had good faith by paying the house installments until paid off. However, the ex-husband did not get his right to the fulfillment of achievements in paying that house installment. The research method used normative legal research by examining literature through statute approach. The result in legal research is ex-husband has still his right to house installment even though between husband and wife had been already broken up of marital relationship. This is because the house was obtained at the time of marriage between husband and wife, mainly the husband had paid the house installments after the dissolution of marriage. The results of the house installment must be distributed between ex-husband and ex-wife in accordance to the achievements of the house installment that paid at the time of marriage and dissolution of marriage.
ANALISIS KEABSAHAN PEMEGANG SERTIPIKAT TANAH DENGAN ADANYA SENGKETA SERTIPIKAT GANDA (CONTOH KASUS: SERTIPIKAT GANDA DENGAN NOMOR PERKARA 321/PDT.G/2018/PN SMG) Clara Regina Febriella
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.v4i2.17992

Abstract

Land is considered very important for human life, not only in life, even at death humans also need land. The important role of land makes people want to acquire and control the land. The desire to control this land eventually resulted in land disputes, one of which was the existence of a dual land certificate in a piece of land that was officially issued by the National Land Agency. As a result of dual certificates with the accumulation of rights in part or in full, resulting in a dispute for the parties concerned. On the community side, land issues, especially the issue of dual land certificates, have not been fully realized, and only realized after someone else also had a land certificate on the land they owned. Due to the community's ignorance of the dual land certificates, he could not take any preventive measures. The purpose of this paper is to try to provide information, reduce, and prevent the occurrence of double certificates of land. The government as the person responsible for the occurrence of double certificates must have courage and firmness in enforcing land law. In addition, the government should be able to provide information on a regular basis about certificates so that the public knows all the possibilities that cause double certificates to occur.

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