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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
PERTANGGUNGJAWABAN PIDANA DALAM PEMALSUAN SURAT TERHADAP PERJANJIAN KREDIT (STUDI KASUS PUTUSAN NOMOR: 952/PID.B/2019/PN.JKT.BRT) Deasy Diantirta Ayu; 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.v4i2.16982

Abstract

Bank is a business entity that collects funds from the public in the form of savings and distributes them to the public in the form of credit or other forms in order to improve the standard of living of the people. Therefore, it is very necessary to know the legal consequences of the credit agreement with the presence of a forged letter and criminal liability for the decision of the district court number: 952/Pid.B/2019/PN.JktBrt. Furthermore, the research method used by the author is normative research. According to the results of the author's analysis of the legal consequences of the credit agreement with the existence of a forged civil letter, the agreement can be said to be null and void because in making a credit agreement you must use an authentic deed, identity and other original documents, not fake ones. In the verdict number 952/Pid.B/2019/PN.JktBrt the charges used by the judge are alternative charges, namely: the first indictment of the defendant is subject to Article 263 Paragraph (2) of the Criminal Code in conjunction with Article 55 Paragraph (1) of the 1st Criminal Code and the second indictment the defendant is subject to Article 378 of the Criminal Code jo. Article 55 Paragraph (1) 1st of the Criminal Code.
DAMPAK PELAKSANAAN PILKADA DI KABUPATEN NIAS SELATAN DI MASA PANDEMI COVID-19: TINJAUAN YURIDIS UNDANGUNDANG NOMOR 2 TAHUN 2020 TENTANG KEBIJAKAN KEUANGAN NEGARA DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI COVID-19 Titah Ndruru; Vera Wheni Setijawati Soemarwi
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.v4i2.17131

Abstract

Simultaneous Pilkada in the midst of a pandemic raises legal problems in relation to aspects of health and democracy. The problem is the extent to which the Government considers the choice between protecting public health in the South Nias Regency area with the replacement of the Pilkada in the South Nias Regency area and how the impact of the Pilkada in South Nias Regency during the Covid-19 pandemic will be. The research method used is a normative juridical research method. The results of the study indicate that in the implementation of the 2020 Pilkada in the midst of the Covid-19 pandemic in South Nias Regency, the Government always considers aspects of health protection for the community by always adhering to health protocols. Pilkada should not ignore public health and security, which are far more important than democratic parties in the context of changing regional head elections. The impact of the Pilkada in South Nias Regency during the Covid-19 pandemic includes the mandate of regulations that are in effect still being implemented, the constitutional rights of Pilkada participants and the community are still fulfilled, reducing the practice of local government leadership which is led by too many temporary officials, preventing budget swelling, while The negative is the risk of COVID-19 transmission is higher, the potential for fraudulent practices is increasingly vulnerable, the refusal of the Regional Head Election has the potential to increase the number of abstentions.
ANALISIS TERHADAP PEMBERHENTIAN APARATUR SIPIL NEGARA SECARA TIDAK HORMAT AKIBAT DIKELUARKANNYA SURAT KEPUTUSAN BERSAMA (SKB) 3 MENTERI (STUDI KASUS PUTUSAN NO. 9/6/2019/PTUN-TPI) Twini Nurul Ariestiani; Ahmad Redi
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.v4i2.17136

Abstract

Government employees play a vital part in their obligations and specialists, for the accomplishment of carrying out government and advancement undertakings to accomplish public objectives. This goal has been directed in the Overall arrangements of Article 10 of Law no. 5 of 2014 concerning Civil Servant, In this investigation utilizing regularizing juridical by observational examination. This exploration utilizes a legal methodology, an idea approach and a case approach. The aftereffects of this investigation demonstrate that lawful choices that are restricting on the Joint Pronouncement (SKB) of the Pastor of Home Undertakings, MENPAN and RB, and the Head of BKN Number 182/6597/SJ, Guideline Number 15 of 2018 or 153/KEP/2018, to the Common Help Administrative Official doesn't have restricting lawful power by and large, it's simply that this Joint Announcement stays restricting for the Staff Directing Official and the Authority approved to uphold the law for this situation disgraceful excusal. Legitimate insurance to Civil Servant assembly for despicable release in Court Choice Number 9/G/2019/PTUN-TPI has not been completely acquired for ASN for this situation. From the above case, which started with a criminal demonstration of defilement by the convict/culprit, to Civil Servant Rivana, ST, he has been authorized through losing his employment and his compensation as a Government worker. The litigant/culprit, to be specific that Rivana, ST, has been condemned to detainment for 1 (one) year and 4 (four) months as expressed by the Tanjungpinang Locale Court No. 412/PID.B/2008/PN.TPI which has extremely durable lawful power on February 18, 2009
ANALISIS PENERAPAN PENGALIHAN HAK TAGIH PADA PT BAMBANG DJAJA DAN PT HAVANNA TEGUH PERTIWI DALAM PUTUSAN 08/PDT.SUSPKPU/2020/PN.NIAGA.JKT.PST Rehulina Dianingwati; Atalim Atalim
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.v4i2.17141

Abstract

The transfer of claim rights is regulated in the Civil Code. Article 613 paragraph (1) of the Civil Code contains regulations regarding things that must be done in committing violations. In this case, PKPU I Petitioners and PKPU II Petitioners feel that the PKPU Respondent has been harmed because the PKPU Respondent is not subject to debt until maturity. Bankruptcy and Suspension of Payment Obligation (PKPU) Respondents always have good intentions to pay their debts to PKPU I Petitioners and PKPU II Petitioners even though the time has passed. However, there is a cessie in the settlement of this PKPU so that the Legal Consultants of the PKPU I Petitioners and PKPU II Petitioners indirectly become third parties in this case where the status is questionable. By using a cessie in this case, it will indirectly lead to simplicity in this case and the PKPU Respondent's danger because the debtor can default.
OPTIMALISASI PERAN MAHKAMAH KONSTITUSI DALAM UPAYA MENERAPKAN CONSTITUTIONAL QUESTION DI INDONESIA GUNA MEMENUHI HAK ASASI BAGI WARGA NEGARA Caroline Tresnoputri; 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.v4i2.17146

Abstract

Every Indonesian citizen has the right to protection and legal certainty. One way that can be used is by submitting a constitutional question that can be done by a judge when examining a statutory regulation that is felt and believed to be inadequate and contrary to the Constitution of the Republic of Indonesia. In practice, the state has given and carried out constitutional questions, but legally, these rights do not accommodate them. In fact, one way that can be used to fulfill the constitutional rights of its citizens can be done with an institutional question. Therefore, this study will discuss the urgency of implementing constitutional questions in government. This research uses a normative juridical research method with a statutory approach. That the results of the research are that the constitutional rights of citizens are indispensable in order to provide and fulfill the rights of citizens in the judicial process. Thus, in this case, the Government is obliged to fulfill these rights by including constitutional questions in the laws and regulations.
UPAYA HUKUM DALAM MEMINIMALISIR ILLEGAL FISHING TERKAIT KAWASAN ZEE (ZONA EKONOMI EKSKLUSIF) INDONESIA Humaira Afdini; 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.v4i2.17151

Abstract

Indonesia is a maritime country and has many marine resources in it. The wealth of marine resources owned by Indonesian waters is also related to the ZEEI area, which invites rampant cases of illegal fishing. There are many impacts of this rampant illegal fishing. Illegal fishing has an impact on the fisheries sector and the Indonesian economy. as well as the destruction of marine resource ecosystems and other marine biota. The scarcity of marine life in the ZEEI area is the origin of the abundant number of cases in the ZEEI area. Therefore, strong legal efforts are needed to overcome illegal fishing and government efforts to prevent illegal fishing. legal efforts taken by the government are to ratify laws regarding regulations in the EEZ area. Moreover, such as making regulations for the minister of marine and fisheries and in preventing illegal fishing the government makes efforts by increasing the task force in the ZEEI area. and besides by using advanced technology to detect the activities of other ships and so on. Based on this paper, it is necessary to increase the government's endeavor in bridling the problem of illegal fishing and a firm attitude is needed from law enforcers in the territorial waters to confer an obviation repercussion to the evil-doers of illegal fishing
PENYULUHAN HUKUM BENTUKAN KOPERASI TAMBANG UNTUK PERTAMBANGAN RAKYAT DI KABUPATEN SUKABUMI Agatha Lafentia; Michelle Prawira; Rayhan Fiqi Fansuri; Gunardi Gunardi; Ahmad Redi; Lewiandy Lewiandy
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.v4i2.13571

Abstract

People’s mining is a form of people's participation in mining business activities in areas that contain mining materials. As written in Article 33 paragraph 3 of the 1945 Constitution, the earth, water and natural resources contained therein are intended for the prosperity of the Indonesian people. As an actual form of implementation of Article 33 paragraph 3 of the 1945 Constitution, the people should actually be given a share in the world of mining. However, all people's mining activities are often hindered by the messy licensing procedure or what is commonly known by the acronym IPR (People's Mining Permit). In general, people or groups entitled to IPR are local residents, be they individuals or community groups and cooperatives, this is in accordance with what is mandated in Article 67 paragraph (1) of Law no. 4 of 2009 concerning Mineral and Coal Mining. Cooperatives in their activities are based on the principles of the people's economic movement which are based on the principle of kinship. This study aims to determine how mining cooperatives are formed in the eyes of Indonesian law and to clarify the basis for their formation. The results showed that the establishment of a cooperative to assist community miners in managing the mining process was normative, safe, and smooth
KEKUATAN NILAI “PANCASILA” SEBAGAI IDEOLOGI NEGARA UNTUK KEBERLANGSUNGAN HIDUP BANGSA Anggian Cassilas; 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.v4i2.17158

Abstract

The formulation of Pancasila is stated in the Preamble to the 1945 Constitution. Pancasila has officially become the basis of the state, the ideology of the state, and has become a source of law in legislation since August 18, 1945. As a state ideology, the values of the Pancasila precepts must be instilled in the nation from an early age. This is important to preserve culture and maintain the integrity of the Republic of Indonesia from threats to state ideology. Education about Pancasila is one example and a way to instill a person who is moral and broad-minded in the life of the nation and the state. With the erosion of Pancasila values in people's lives, it triggers the threat of losing the nation's character and other forms of threats such as threats from within the country and from abroad which of course can harm the community in the nation and state. Threats can be in the form of physical or non-physical threats that can occur at any time and can attack anyone. Therefore, it is important for the Indonesian people to explore the nation's ideology, namely Pancasila and make it a way of life in the nation to be able to advance the general welfare as one of the sounds of the state's goals stated in the fourth paragraph of the Preamble to the 1945 Constitution.
PERTANGGUNGJAWABAN PLATFORM MEDIA SOSIAL INSTAGRAM SEBAGAI PENYEDIA LAYANAN IKLAN DALAM PERKARA PENIPUAN BERKEDOK ONLINE SHOP Vengga Vengga; 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.v4i2.16993

Abstract

In this era, with rapid technological advancement, nowadays people can do trade and sell using liabilityonline system, especially on the social media which is Instagram Platform. Trades carried on Instagram have a risk, because dealing without meet face to face. By Juridical, do trade and sell on Instagram is not correct/safe. So that’s why legal certainty of liability on platform provider is essential in order to protect the consumer. If the consumer got losses, legal efforts are required to ensure consumer rights. Referring to the issue, the writer conducted research using the normative method and also did interview with several sources. The result from research, shows that liability of the platform provider in the positive law of Indonesian remains inadequate and is needed in the renewal of certain legal regulation. The institutions with authority on consumer cases be supposed to always inform information about consumer right so the consumer can understand the incumbency of the consumer. Reform into laws that regulate electronic transactions is needed in order to protect consumers while doing transactions electronic.
PERLINDUNGAN HUKUM BAGI PEMEGANG SAHAM PUBLIK TERHADAP EMITEN YANG DIHAPUS PENCATATAN EFEKNYA DALAM RANGKA KETERBUKAAN INFORMASI (CONTOH KASUS: PT INOVISI INFRACOM TBK (INVS) TAHUN 2017) Alfen Dwi Putra; 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.v4i2.13587

Abstract

The capital market aims as a means of financing that brings together investors as parties who want to invest their funds or as parties who have more funds with issuers as parties who need funds to expand their business sector. Objects traded in the capital market are securities or commonly called securities. Legal protection for investors still has many weaknesses, so legal protection for investors creates uncertainty. Given the failure of the regulator to observe developments that occur or the lack of speed in adapting to rapid developments, it may result in the abandonment of the capital market in Indonesia by both foreign and domestic investors. To be able to achieve the goal of the capital market, namely to meet the funding needs of business actors, a legal protection mechanism is needed that can make potential investors feel safe investing in the capital market. Both the Capital Market Law, the Company Law, and the OJK Law have provided an opportunity for capital market players, especially investors, to save their assets when a delisting occurs.

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