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 PERTANGGUNGJAWABAN TINDAK PIDANA KORUPSI AKIBAT KERUGIAN BUMN BERDASARKAN DOKTRIN BUSINESS JUDGEMENT RULE (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 34/PID.SUS-TPK/2019/PT.DKI) ]]>
<![CDATA[Felina Desiana]]>;
<![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.v4i2.17007
<![CDATA[State-Owned Enterprises (SOEs) in the form of Limited Liability Companies and run by a board of directors and their ranks do not cover the possibility of losses in running the company. If the board of directors takes a decision that harms the company, it will be considered to fulfill the elements of Article 2 paragraph (1) of the Law on the Eradication of Corruption. Business Judgement Rule is one of the doctrines that exist in business law to protect directors and their ranks in legal liability for business decisions they take. The Business Judgement Rule arises as a result of the implementation of fiduciary duties by a board of directors. The Board of Directors is required to take full responsibility for the management of the company, in the interests of the company. In carrying out its duties the board of directors is often faced with business decisions that are not in accordance with the agreed business strategy. As in the Supreme Court's Decision 34/PID. SUS-TPK/2019/PT. DKI, a state-owned company board of directors of PT Pertamina is said to be found guilty of corruption offences due to the harm to the state's finances amounting to Rp. 568,066,000,000 as a result of the acquisition or investment in BMG Australia. Thus, the doctrine of Business Judgement Rule should be applied as long as the board of directors can prove the business decisions taken in good faith, and prudence and not enrich themselves.]]>
<![CDATA[ANALISIS TERHADAP PERLINDUNGAN HUKUM PENGGUNA JASA TRANSPORTASI ONLINE ATAS PERBUATAN TIDAK MENYENANGKAN OLEH PENGEMUDI OJEK ONLINE MELALUI MEDIA SOSIAL MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Belinda Selfira]]>;
<![CDATA[Jeane Neltje]]>
<![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.v4i2.13596
<![CDATA[Information and communication technology has changed the behavior and lifestyle of people globally. The development of information and communication technology has caused the world to become borderless, where one person can access and send information to others quickly over long distances. Based on the contents in this thesis, there are problems. First, how is the responsibility of Go-Jek business actors in terms of unpleasant acts committed by motorbike taxi drivers or motorbike taxi drivers to consumers who use Go-Jek services, secondly, what are the obstacles to Go-Jek business actors in terms of unpleasant acts committed by drivers? or drivers to consumers who use Go-Jek services, then the purpose of the research in this thesis is the first to find out GoJek's responsibilities in terms of unpleasant acts committed by Go-Jek drivers to consumers who use Go-Jek services, the second is to find out Go-Jek's obstacles in terms of inappropriate actions. fun that is done by gojek drivers to consumers who use gojek services. Based on the research data as follows: many occur and often encountered are vehicles registered in online applications are different from vehicles used by drivers or online transportation drivers, and the conclusions in the research data are as follows: Related to sanctions that have been agreed upon that sanctions are case by case, from the Gojek side, it is necessary to know the details of the incident thoroughly from both parties so that appropriate sanctions can be given or not.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PENANAMAN MODAL ASING YANG DILAKUKAN DENGAN MENGGUNAKAN METODE PEMEGANG SAHAM NOMINEE SEBAGAI PEMENUHAN SYARAT PENANAMAN MODAL ASING DIBIDANG USAHA YANG TERBUKA BERSYARAT ]]>
<![CDATA[Daniel Daniel]]>;
<![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.v4i2.17022
<![CDATA[The nominee agreement is an agreement that was born based on article 1319 of the Civil Code as this provision states that there are two types of agreements, namely: named agreements and unnamed agreements wherein this anonymous agreement is still recognized as long as it respects the provisions in force in the law. Civil law,as stipulated in the 1320 Civil Code, and recognized under Article 1338 of the Civil Code as an agreement that binds the parties so that the parties are obliged to heed this agreement in good faith. Investments carried out using the nominee method are not expressly and clearly prohibited because there are two recognized types of ownership, namely: Legal Owner or legal owner and beneficial owner as a settlor or arguably as Principal investor where the capital invested in a company comes from the settlor. as beneficiary owner. legally the name of the nominee is recorded in the articles of association of a company as the real owner before the law while the principal investor is the controller of the nominee. So it is difficult to deny that this method is one way for principal investors to circumvent the provisions and restrictions given by the government for them to control a certain number of shares. So that in its existence this type of agreement still exists and is still developing in the legal ecosystem in Indonesia.]]>
<![CDATA[PERLINDUNGAN HUKUM KONSUMEN ATAS PEREDARAN KOSMETIKA ILEGAL (STUDI TERHADAP PUTUSAN NOMOR 873/PID.SUS/2019/PN BPP) ]]>
<![CDATA[Frizka Ariana Putri]]>;
<![CDATA[A. M. Tri Anggraini]]>
<![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.v4i2.17088
<![CDATA[In Law No.8 of 1999 concerning Consumer Protection Article 4 paragraph (3) states that consumers have the right to obtain correct, clear, and honest information regarding the conditions and guarantees of goods and / or services,This study aims to determine the form of supervision and legal protection for consumers against products according to the UUPK against illegal cosmetics that do not have a distribution permit circulating online and the efforts of the Food and Drug Supervisory Agency in supervising the circulation of illegal cosmetics in circulation. product. As in the Regulation of the Head of the Drug and Food Supervisory Agency Number 19 of 2015 concerning Technical Requirements for Cosmetics articles 5,6, and 7 which contain clear and correct label markings or information on a product in the package. This research is normative legal research. The research data was obtained by interviewing dermatologists & beauticians, YLKI, BPOM and literature study. The type of research used by the writer is normative. To support this research, the author uses the type of literature study research, which examines several documents related to research. The method used is a normative research method using a statutory approach (statue approach) and a case approach (case approach). Analysis in accordance with the provisions of Law Number 8 of 1999 concerning Consumer Protection and BPOM Regulation Number 30 of 2017 concerning Supervision of Importation of Drugs and Food into Indonesian Territory.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG DIRUGIKAN AKIBAT PENIPUAN OLEH PT GRAB TOKO INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (KASUS: DESTY NURCAHYANI DENGAN PT GRAB TOKO INDONESIA DI TAHUN 2020) ]]>
<![CDATA[Tamar Lidya Anggaristi P.P]]>;
<![CDATA[Mariske Myeke Tampi]]>
<![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.v4i2.13636
<![CDATA[The world is currently undergoing changes, where currently all use online-based information technology. Starting from learning activities, working, playing to shopping. In modern times like today, most people have switched from shopping in conventional markets to shopping online through ecommerce or marketplaces. In the midst of sophisticated technological conditions, it is possible to fulfill all needs through e-commerce, because almost all primary or secondary human needs are available in it. The advantage of transacting online is that it is easier, faster and more practical. But besides the advantages, shopping online certainly has a weakness, namely, we cannot see the goods directly before buying, the goods that have been ordered reach the consumer in a damaged condition due to online shipping expeditions, and fraud is often committed by business actors against consumers or buyers . So if there is a dispute between business actors and consumers, legal protection efforts are needed for consumers who are harmed or experience fraud with the aim of fulfilling their rights as consumers and business actors are required to carry out their obligations in accordance with applicable laws and regulations.]]>
<![CDATA[IMPLIKASI 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 ]]>
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DOI: 10.24912/adigama.v4i2.13643
<![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[KEDUDUKAN ANAK ANGKAT SEBAGAI AHLI WARIS BERDASARKAN KOMPILASI HUKUM ISLAM (STUDI KASUS PUTUSAN NOMOR 2142/PDT.G/2017/PA.PLG) ]]>
<![CDATA[Maharesi Trifo Putra]]>;
<![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.v4i2.17105
<![CDATA[Based on Article 171 letter h of the compilation of Islamic law, it is stated that an adopted child is a child who in terms of maintenance for their daily life, education costs and etc, their responsibilities shift from their original parents to their adoptive parents based on a court decision. In fact, Islam supports the existence of child protection services, one of them is by adopting children. The Compilation of Islamic Law emphasizes that adopted children or adoptive parents have no inherited relationship, but as an acknowledgment of the institution of adoption, the relationship between the adopted child and their adoptive parents is conveyed through the intermediary of a will or testament obligatory. The compilation of Islamic law which is now a reference by the religious courts that adopted children are entitled to a mandatory will on the condition that it cannot be more than 1/3 (one third) of the inheritance of the adoptive parents. The consideration of the judge who gave more than 1/3 of the assets based on the case Number 2142/Pdt.G/2017/PA.PLG is probably because since the baby the child was raised by their adoptive parents and they intended to split 2 land certificates and intends to give one of them to their adopted child during their life, but until they died it was not carried out and inheritance distribution does not reduce the share of the other heirs and there is even a remaining inheritance.]]>
<![CDATA[PERLINDUNGAN TERHADAP MASYARAKAT DALAM KAITANNYA DENGAN PENYIARAN YANG DILAKUKAN OLEH LEMBAGA PENYIARAN BERBASIS INTERNET ]]>
<![CDATA[Cyntia Estevania]]>;
<![CDATA[Tundjung Herning Sitabuana]]>
<![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.v4i2.13648
<![CDATA[Broadcasting in Indonesia is not only carried out by conventional broadcasters in the form of television and radio, but also by Youtube and Netflix, which are internet-based broadcasting institutions. The refusal of the RCTI application by the Constitutional Court through Decision Number 39/PUU-XVIII/2020, and the non-binding of internet-based broadcasting institutions to the provisions contained in the Broadcasting Law have bad consequences for Indonesia's young generation. The purpose of this study is to determine the regulation of broadcasting in Indonesia, and the protection of the public in relation to broadcasting by internet-based broadcasting institutions. The research method used is descriptive normative law and a law approach. Based on the results of the analysis, broadcasting in Indonesia must be based on Pancasila and the 1945 Constitution of the Republic of Indonesia with the principles, objectives, functions, and directions of broadcasting regulated in the Broadcasting Law. From this research, there is no protection for the viewers of internet-based broadcasting institutions. It is recommended that the government make changes to Law Number 32 of 2002 concerning Broadcasting so that there are regulations on broadcasting carried out by internet-based broadcasting institutions, and the public who view broadcasts of internet-based broadcasting institutions receive legal protection.]]>
<![CDATA[ANALISIS UPAYA PENYELUNDUPAN HUKUM DALAM UPAYA MENGHINDARI SYARAT JANGKA WAKTU 90 HARI DALAM MENGAJUKAN GUGATAN KE PERADILAN TATA USAHA NEGARA (STUDI PUTUSAN NOMOR 51/G/2020/PTUN.PLG) ]]>
<![CDATA[Adimas Gusti Darmansya]]>;
<![CDATA[Rasji Rasji]]>
<![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.v4i2.17111
<![CDATA[The objective of the Unitary State of the Republic of Indonesia as stated in paragraph four of the Preamble to the 1945 Constitution is to promote public welfare and participate in implementing world order based on independence. With the aim of general welfare, should there be something that harms one of the parties, the aggrieved party can file a lawsuit to the competent court, so that no more party is harmed and a sense of justice can be felt by all parties, thus the purpose of the general welfare can be achieved and run well.]]>
<![CDATA[LEGALITAS ULTRA PETITA DALAM HUKUM ACARA PIDANA PADA PUTUSAN PENGADILAN” ]]>
<![CDATA[Luis Luis]]>
<![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.v4i2.17125
<![CDATA[Based on Law no. 8 of 1981 concerning the Criminal Procedure Code Article 182 paragraph (4) states that: "The judge's meeting must be based on the indictment and everything that is proven in the examination at the trial." So in this case the judge must decide according to the indictment made by the public prosecutor. But in the case of the Situbondo District Court Decision No. 55/Pid.Sus/2019/PN. The situation did not run according to this, in this case the judge has taken over the role of the public prosecutor because this has been regulated in Article 137 of the Criminal Procedure Code that the public prosecutor has the authority to carry out prosecutions. in this case the judge decides the case outside of what was indicted by the public prosecutor in which case the judge has violated Article 182 paragraph (4) of the Criminal Procedure Code, causing legal problems that need to be investigated further, namely in terms of how the legality of ultra petita in criminal law is Court decision that occurred in Situbondo in decision No. 55/Pid.Sus/2019/PN. Sit. Where the results of the study indicate that the Ultra Petita Decision is because the judge decided outside of what was indicted by the public prosecutor, the judge had deviated from the principles in the Criminal Procedure Code and was contrary to the provisions of Article 137, Article 182 paragraph (4), Article 191 paragraph (1), and Article 193 paragraph (1) of the Criminal Procedure Code.]]>
