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[Analisis Tentang Tindakan Penagihan Yang Melawan Hukum Terkait Pinjaman Online dari Fintech Ilegal (Studi Kasus Atas Putusan Nomor 438/Pid.Sus/2020/PN.Jkt.Utr) ]]>
<![CDATA[Alfin Rafael]]>;
<![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.v4i2.16987
<![CDATA[In Indonesia, there are 3,107 illegal fintech companies. The author focuses on illegal collection actions related to online loans from illegal fintech as stated in Decision Number 438/Pid.Sus/2020/PN.Jkt.Utara. When collecting an online loan from the victim, the defendant used harsh words towards the victim by sending a voice note via Whatsapp with words such as "bad dog", "devil's child", an insult to the victim. The problems that the author raises are How Peer To Peer Lending (P2P Lending) Debt Collection Actions in the Perspective of Criminal Law and How to find out whether the fintech is registered or not and what the sanctions are in terms of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law Number 11 of 2008 concerning Information and Electronic Transactions. The author in his analysis stated that the act of billing using harsh words carried out by the defendant violated Article 310 of the Criminal Code and the illegal company could be subject to criminal sanctions based on Article 32 of Law no. 3 of 1982 concerning Compulsory Company Registration. The author concludes that the act of billing using harsh words committed by the defendant violated Article 310 of the Criminal Code and must be accompanied by a complaint to the police and related to the illegal company can be subject to sanctions by Article 32 of Law no. 3 of 1982 concerning Compulsory Company Registration.]]>
<![CDATA[TANGGUNG JAWAB PERUSAHAAN PENERBANGAN WINGS AIR ATAS KERUSAKAN BAGASI PENUMPANG BERDASARKAN PERATURAN MENTERI PERHUBUNGAN NOMOR 77 TAHUN 2011 TENTANG TANGGUNG JAWAB PENGANGKUTAN UDARA (STUDI KASUS: PENGADILAN NEGERI MEDAN NOMOR 665/PDT.G/2018/PN MDN.) ]]>
<![CDATA[Josua Tarigan]]>;
<![CDATA[Amad Sudiro]]>
<![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.v4i2.17135
<![CDATA[When transporting by airplane, sometimes passengers are faced with unpleasant things related to lost/damaged baggage. The problems faced are how legal protection is for airline passengers in the event of baggage damage and what is the responsibility of the Wings Air airline for damage to passenger baggage based on Law Number 1 of 2009 concerning Aviation (Case Study: Medan District Court Number 665/Pdt.G /2018/PN Mdn.). The research method used in writing this thesis is normative juridical law research. The results of the study indicate that legal protection for passengers using flight services who experience damage/loss of goods, passengers can submit a claim to the airline as a provider of air transportation services, where passengers who experience losses have the right to choose legal remedies that will be used as dispute resolution. In Indonesia, the laws or regulations governing air transportation adhere to the principle of presumption of liability. The form of airline legal responsibility for loss/damage of checked baggage in air transportation is carried out by airlines by providing compensation as stipulated in Article 5 paragraph (1) of the Minister of Transportation Regulation No. lost/damaged in accordance with applicable regulations.]]>
<![CDATA[BATTERED WOMAN SYNDROME SEBAGAI PENYEBAB TERJADINYA SUATU TINDAK PIDANA OLEH WANITA DALAM LINGKUNGANNYA. ]]>
<![CDATA[Nurijlal Hafizh Syah]]>
<![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.v4i2.17140
<![CDATA[Battered Woman Syndrome (BWS) is a symptom of a syndrome that causes changes in a woman's personality and behavior as a result of the events and acts of violence that she receives in life, so that it makes the individual potential to commit a criminal act that has not been done by the person in his life. As a result of the changes that occur in his personality and behavior, a new personality is created that leads her to perform some actions that go beyond the habits of a woman throughout her life, they can be murder, mutilating, burning alive someone and others. This incident is commonly experienced by women who have problems of violence in romantic or domestic relationships and do not get protection and attention in the midst of their living environment so that a review is needed that discusses the responsibility of the perpetrator in accountability for her criminal acts before the law.]]>
<![CDATA[ANALISA KEBIJAKAN KOMISI PEMBERANTASAN KORUPSI TERKAIT TES WAWASAN KEBANGSAAN DALAM RANGKA PERALIHAN STATUS KEPEGAWAIAN KPK MENJADI APARATUR SIPIL NEGARA ]]>
<![CDATA[Marlee, Michael]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17145
<![CDATA[“Tes Wawasan Kebangsaan†or often referred to as TWK has attracted a lot of polemics in the community as an effort to weaken the KPK which resulted in as many as 57 KPK employees being dismissed. This problem stems from year 2021 KPK regulations Number 1354 which determine that as a condition for transitioning KPK employee status to that of civil servant (ASN), they must get a passing degree for TWK. TWK is accused as a way to weaken the performance of KPK, does not have a clear legal basis and contradicts UUD NRI 1945. This study aims to examine the legal basis of TWK for the sake of legal certainty for the Indonesian people and see how TWK influences the performance of KPK. The research was conducted using normative research with legal materials related to laws and regulations, journals and website info as non-legal materials. Research shows that TWK has a clear legal basis because it is in accordance with existing laws and regulations. However, the dismissal of 57 KPK employees is an inappropriate KPK policy because it will create job vacancies and thus affect the performance of the KPK. For the sake of KPK in eradicating corruption, KPK should try to develop those 57 KPK employees who have competence and experience, instead of simply dismissing them.]]>
<![CDATA[PELAJARAN PENTING DALAM MASA PEMERINTAHAN ORDE BARU ]]>
<![CDATA[Leonard Tasuno Laiya]]>
<![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.v4i2.17150
<![CDATA[Dur ng the New Order era he (often abbrev ated as New Order) was the term for the re gn of Pres dent Soeharto n ndones a. The New Order was founded by the Old Order, wh ch refers to the era of Soekarno's government. As we know, th s new order era occurred after the destruct on of the old order and before the format on of the reform order unt l now The b rth of the New Order began w th the ssuance of an Order on March 11, 1966. The New Order lasted from 1966 to 1998. At that t me he appo nted Sukarno as the f rst Pres dent of the Republ c of ndones a. The transfer of off ce occurred n 1966, w th the replacement of the old order wh ch referred to the era of Pres dent Soekarno's adm n strat on. Wh ch has stepped down s nce the G30S PK nc dent emerged. n th s art cle, we w ll d scuss the h story of the old order from the beg nn ng of ts format on to the format on of the next per od, namely the new order. n th s art cle we w ll also d scuss the h story of the new order and other mportant events, and w ll also d scuss the h story of the reformat on era, namely the per od when the new order was destroyed and replaced by a new per od, namely the reform era that has been n effect unt l now]]>
<![CDATA[PERKEMBANGAN SISTEM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA BERDASARKAN HUKUM TATA NEGARA ]]>
<![CDATA[Stanley Kurniawan]]>
<![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.v4i2.17157
<![CDATA[Law is a system of regulations in which norms and sanctions are made with the aim of controlling human behavior to protect discipline, justice, and avoid the formation of chaos. Each country has certain legal rules that are different from other countries, including Indonesia. That means "every citizen is obliged to obey the laws and regulations that apply in Indonesia". With the law, the crime rate can be minimized, and also the power holder cannot act arbitrarily because it has been limited by law. In addition, the law helps to protect the rights and obligations of every citizen. Therefore, the state must have a proper legal system. The law also has several purposes, with the law, the prosperity of society will be guaranteed. All laws that apply in any country must have their own elements. That way, the applicable law can be recognized by the citizens of that country. Constitutional law is also a branch of law that regulates legal norms and principles written in state practice. Constitutional law regulates matters relating to the state, such as the forms and structures of the state, state duties, state equipment, and relations with state equipment.]]>
<![CDATA[KEABSAHAN PERJANJIAN KAWIN YANG TIDAK DICATATKAN DI KANTOR PENCATATAN SIPIL DAN AKIBAT HUKUMNYA TERHADAP PIHAK KETIGA (STUDI KASUS: PUTUSAN PENGADILAN TINGGI JAWA BARAT NOMOR: 449/PDT/2016/PT.BDG)” ]]>
<![CDATA[Nicholas Alexandros]]>;
<![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.v4i2.13570
<![CDATA[In marriage law, it regulates the issue of marriage agreements which aim to anticipate if in the future a divorce occurs, sometimes there is a struggle for property as well as the costs needed for children's educational needs or with third parties. “Through the Constitutional Court Decision No.69 / PUU-XIII / 2015, which basically confirms that marriage agreements must be registered to fulfill the element of publicity. But in fact in the case of the West Java High Court Decision Number: 449 / Pdt / 2016 / PT.BDG the marriage agreement was not registered with the Civil Registry Office. So that the problem arises: How is the validity of a marriage agreement that is not registered at the civil registration office? What is the legal effect on third parties by not recording the marriage agreement at the civil registration office? The results of this study indicate that there are still potential married couples who do not know that the marriage agreement they made before a notary must be registered at the civil registration office so that the marriage agreement binds a third party. Therefore, a marriage agreement that has been made by the prospective husband and wife must be registered at the civil registration office so that it binds a third party because if it is not recorded, the marriage agreement only binds the parties who made it.”]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PEKERJA YANG MEMPEROLEH PEMUTUSAN HUBUNGAN KERJA DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA ]]>
<![CDATA[Cagla Yasemin Goren]]>;
<![CDATA[Ahmad Redi]]>
<![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.v4i2.13576
<![CDATA[In Indonesia, the regulation on Employment is prescribed in Law Number 11 of 2003 concerning Employment. In 2020, the government enforced Law Number 11 of 2020 on Job Creation (Cipta Kerja). Since the law involves various sectors, the Job Creation Law is often dubbed as "One-Size-Fits-All" Law or Omnibus Law. With the stipulation of the Job Creation Law, there have been some changes to the Employment legislation. Job Creation law eliminates and changes part of the articles in Law No. 13 of 2003 on Employment. In this research, the author will discuss the role of Job Creation law in providing legal protection to the laborers/workers subject to the termination of work by the employers and study the new regulation in Job Creation Law on "Loss of Job Security." Loss of Job Security is a program run by the government through BPJS Ketenagakerjaan. The program aims to protect the terminated laborers/workers. The protection against the laborers/workers is vital because improving the laborers/workers welfare will ensure the preservation of harmony within the country.]]>
<![CDATA[PEMIDANAAN TERHADAP DELIK PEMBAYARAN UPAH DI BAWAH UPAH MINIMUM DALAM RANGKA MENCAPAI TUJUAN PEMIDANAAN DI INDONESIA ]]>
<![CDATA[Jeremy Nicholas]]>;
<![CDATA[Ade Adhari]]>
<![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.v4i2.17006
<![CDATA[This research is a normative legal research by collecting data on criminal decisions on the issue of paying wages below the minimum limit for workers in 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 offense of paying wages below the minimum wage which are less effective in comparison with civil cases or Industrial Relation Disputes which are aimed at achieving the objectives of punishment in Indonesia. . 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. This offense has been regulated that the act is a criminal offense whose criminal sanctions have been regulated in the Manpower Act which was updated in the Job Creation Law by applying special minimum criminal sanctions, but due to the lack of understanding of the legal apparatus in the field of labor crime and even the labor criminal desk which had been formed at Polda Metro Jaya did not work as expected because its function was only to consult law and direct the case to the Industrial Relation Disputes.]]>
<![CDATA[PEMBATALAN AKTA HIBAH OLEH SALAH SATU PEMBERI HIBAH MENURUT KOMPILASI HUKUM ISLAM (STUDI KASUS PUTUSAN PENGADILAN AGAMA CURUP NOMOR 282/PDT.G/2019/PA.CRP) ]]>
<![CDATA[Dwiyana Novianturi]]>;
<![CDATA[Imelda Martinel]]>
<![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.v4i2.13590
<![CDATA[The existence of an opportunity to withdraw grants from parents to children makes the function of grants unclear, resulting in no legal certainty. The problem in this research is how is the legal certainty of the cancellation of the grant deed by one of the grantors according to the Islamic Law Compilation in the case of the Curup Religious Court Decision Number 282 / Pdt.G / 2019 / PA.Crp? The research method used is juridical normative using primary data and secondary data, and the results of research using qualitative data analysis methods. The results of the study show that the cancellation of the grant deed by one of the grantors according to the Compilation of Islamic Law in the case of the Curup Religious Court Decision Number 282 / Pdt.G / 2019 / PA.Crp is in accordance with Article 212 KHI. This is because the grant deed does not meet the legal requirements of the agreement according to Islamic law, which is not fulfilling the elements of mahallul 'aqd and the elements of mau'qud'alaih. However, court judges should be able to provide a sense of justice, both for parents as grants, and for children as grant recipients, namely the Chairperson of the Curup Religious Court's Panel of Judges can revise the grant made by Helmi Alexsander with Rika Afrianti that Yoan Alfathan Samudra is 1/3 of the total grant, so that the rest of the grant, is returned to Helmi Alexsander with Rika Afrianti.]]>
