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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
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) Desiana, Felina; Hutabarat, Rugun Romaida
Jurnal Hukum Adigama Vol 4, No 2 (2021)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17008

Abstract

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.
ANALISIS PELAKSANAAN PEMBAGIAN HARTA WARIS BAGI PARA AHLI WARIS BEDA AGAMA DALAM STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 239/Pdt.G/2015/PN.JKT.PST tika bonet; Mulati Mulati
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.v4i2.13591

Abstract

Inheritance law in general can occur or be implemented if there is death or divorce. There is no inheritance law in Indonesian. There is only one law that can determine the position of one's inheritance. Inheritance law is divided into three types in Indonesia, which are Traditional, Western and Islamic. Muslims who follow the provisions of the existing regulations in the Compilation of Islamic Law. Analysis of the implementation of the distribution of inheritance for heirs of different religions in the Study of Central Jakarta District Court Decision No. 239 / Pdt.G / 2015 / Pn.JKT.PST. This knowledge is very important and useful to learn so that there are no mistakes in the distribution of assets and can be fairly distributed. Where all rights and obligations can be fulfilled. If someone is married in Islam then they have to use Islamic Law Compilation because in the division of inheritance that is regulated in the West there is no difference between men and women in doing the distribution of inheritance. The research method used is normative legal research supported by the results of interviews. The results of the analysis in this study should be that the Judge goes deeper into the suit and the Advocate must be more careful in entering the lawsuit. Everything received by the Plaintiff is not in accordance with the provisions it should.
ANALISIS PERLINDUNGAN HUKUM TERHADAP NASABAH YANG TIDAK MAMPU MEMBAYAR ANGSURAN BANK DITINJAU DARI UNDANG-UNDANG NO 10 TAHUN 1998 TENTANG HUKUM PERBANKAN (CONTOH KASUS PUTUSAN NO 646K/PDT/2017) Jennisyah Alya; Jeane Neltje
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.v4i2.13632

Abstract

In other countries or in Indonesia, we have often heard the term borrowing or borrowing what we usually call credit. Credit is one of the facilities provided by banks for people who are less able to roll their money back. Based on the contents in this thesis, there are problems, namely how legal protection and good billing procedures are for customers who are unable to pay bank installments in the decision no. 646K/PDT/2017 in terms of Banking Law No. 10 of 1998, then the research objectives in this thesis theoretically, the author hopes that the results of this paper can provide benefits and contribute to knowledge in civil law, especially those related to banking. Practically, the author hopes that the results of this writing can be useful for information and consideration, input to the general public, and officials who apply in general. In addition, it is also hoped that after this research is made, parties who can carry out banking supervision are even better. Based on the research data as follows: That on November 14, 2011, Plaintiff II, namely Mr. Afiat Dwihana Fakhrudhi who resides in Glagaharum hamlet RT/RW 005/002, Dukuharum Village, Megaluh District, Jombang Regenc.
KEPASTIAN HUKUM DALAM PEMBUKTIAN PERKARA PEMBATALAN PENETAPAN PERKAWINAN PADA PUTUSAN PENGADILAN TINGGI DKI JAKARTA NOMOR 139/PDT/2020/PT. DKI Hana Nabilah Putri; 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.v4i2.17023

Abstract

The risk of burden can encourage the parties to compete in proving who is the most correct so they are willing to do various ways such as submitting evidence that has been falsified in order to fulfill their desire to be able to win cases in court Problems regarding this can be found to date, one of which is in the case of the start of the determination which is still in the High Court Decision Number 139/PDT/2020/PT.DKI. The decision made by the judge was the stipulation of marriage between Mutiawa Lurin and Lukman Tjoe because Nina's side could prove that Mutiawa Lurin was not the only wife of Lukman Tjoe based on evidence that did not match reality. The problem in writing this number is how legal certainty is in proving the case for the determination of marriage in the decision of the DKI Jakarta High Court 139/PDT/2020/PT.DKI. The research method used by the author is a normative research type which has a descriptive analytical research character with a normative juridical approach, based on primary legal sources, secondary legal sources obtained from library techniques and also supported by interviews. Basically marriage for parties who adhere to Christianity cannot be considered as monogamous, if a husband commits an act of polygamy then the marriage can be said to be valid by referring to the legal requirements of marriage contained in Article 2 paragraph (1) of Law Number 1 of 1974 And, in creating a decision that can realize legal certainty and justice, the judge is obliged to always be thorough and careful in examining the cases submitted to him.
TANGGUNG JAWAB PENGUSAHA KAPAL ATAS TABRAKAN KAPAL MT SAMUDERA BIRU 168 DENGAN KAPAL MV ROKAN PERMAI BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN (STUDI KASUS: PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR 315/PDT.G/2019/PN.SBY) Yohanes Richardson Braventa; Amad Sudiro
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.v4i2.13637

Abstract

The seaworthiness of the ship is very much needed because of the many great dangers that will befall the ship with all its contents. Ships that are already in the middle of the ocean, then the ship can be threatened by the dangers caused by rolling waves that cause ship accidents. The problem faced is how is the responsibility of the MV Rokan Permai ship owner for the fire of the MT Samudera Biru 168 Ship due to the collision between the MV Rokan Permai Ship and the MT Samudera Biru 168 ship based on Law Number 17 of 2008 concerning Shipping and how to compensate the victims who suffer losses in the collision of the ship. The research method used is a normative juridical research method. The results show that in the case of a ship collision/collision, the carrier is responsible for the destruction, loss or damage of the goods being transported since the goods are as regulated in Article 40 of Law Number 17 of 2008 Shipping. The settlement of compensation for victims who suffered losses in the ship accident refers to Article 100 paragraph (3) of Law 17 of 2008 concerning Shipping. Regarding the party responsible for the collision accident resulting in a fire, of course there are parties who are responsible. Relevant parties must be responsible in accordance with the authority and responsibility, not only the captain who applies when piloting the ship, but also the carrier company.
ANALISIS PERTANGGUNGJAWABAN PIDANA BAGI PELAKU YANG DIDUGA TURUT MELAKUKAN (MEDEPLEGER) DALAM PERKARA TINDAK PIDANA KORUPSI KASUS PENGADILAN NEGERI JAKARTA PUSAT PUTUSAN NOMOR : 22/PID.SUS-TPK/2020/PN.JKT.PST Muhammad Fadhil Andika Ramadhan; 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.v4i2.17091

Abstract

Criminal Law is contained in the Criminal Code regulations as well as those contained in special laws outside the Criminal Code. The arrangement and determination of the medepleger in the decision number 22/Pid.Sus-Tipikor/2020/Pn.Jkt.Pst. the judge did not determine the punishment even though the medepleger criminal code is known in Article 55 of the Criminal Code. Furthermore, the research method used is normative research and the research approach used is the law and case approach. The results of the study indicate that the regulation regarding medepleger is considered to be still not good, because in practice there are still problems in determining whether a person's actions are included in participation or not, so it is necessary to regulate the provisions of guidelines for implementing the act of participating in doing. Determination of people who participate in the justice system in Indonesia has started since there are people who are suspected of being perpetrators of criminal acts and there is preliminary evidence obtained from the results of investigations conducted by law enforcement officers. Several criminal elements were found in the Primary indictment, including elements with the intention of benefiting oneself or others, elements of abusing power, forcing someone not to do or allowing something and elements of doing or participating in doing something. The panel of judges in determining the act of participating in the decision can also consider other aspects that contain concrete things that can clarify a problem.
PERTANGGUNGJAWABAN iNOTARIS iYANG iMELANGGAR iPRINSIP iKETIDAKBERPIHAKAN iDALAM iMEMBUAT iAKTA i (STUDI iPUTUSAN: i2750K/PDT/2018) Andre Darmawan; Benny Djaja
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.v4i2.17106

Abstract

Notary ipublic iis ithe icompetent ipublic iofficial ito idraw iup ian iauthentic ideed ias ilong ias ithe idrawing iup iof ia icertain ideed iis inot ispecifically imade ito ithe iother ipublic iofficials. iAccording ito iArticle i16 iparagraph i(1) ipoint ia iLaw iof iThe iRepublic iof iIndonesia iNumber i2 iOf i2014 iOn iOffice iOf iNotary iPublic, iin iperforming ihis/her ioffice, ia iNotary iPublic ishall ibe iobligated ito iact ihonestly, iaccurately, iindependently, inon-unilaterally, iand imaintain ithe iinterests iof ithe irelevant iparties iin iany ilegal iaction. iThe ideed ithat iis imade iby iNotary iPublic imust ibe imade based ion iboth iparties’ iagreements. However, iin ithe iSupreme iCourt Verdict Number i2750 iK/PDT/2018, Notary iPublic iEM iignored ithe ilaw, she ididn’t igive iany ilegal iadvice irelated ito ithe ideeds iand isided iwith some iof ithe iparties ito iperform iunlawful iprocedures. iThe iauthor examines ithe iproblem iusing inormative ilegal iresearch imethods iwhich are isupported iby isome iinterviews iwith ithe iones iwho iare iexperts iin the ifield iof iNotary iPublic Law. iViolation iby ia iNotary iPublic iof ithe provisions ias ireferred ito in ithe iArticle i16 iparagraph i(1), imaking ia deed ionly ihave ia ipower iof ievidencing ias ia ideed iprivately imade ior making ithe isame inull iand ivoid ican ibe ia ireason ifor ia iparty isufferingia iloss ito iclaim ifor iexpenses, icompensation, iand iinterest ito ithe iNotary Public.
TINJAUAN TERHADAP PENJUALAN KOSMETIK ILEGAL/TANPA IZIN BERDASARKAN UNDANG-UNDANG NOMOR 8 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS: PUTUSAN NOMOR 186/PID.SUS /2018/PN PTI) Anju Syafana Ananda; 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.v4i2.13650

Abstract

Thoughts of the Panel of Judges in viewing and selecting cases in the crime of illegal/unlicensed demonstration of selling makeup in Choice Number 186/Pid.Sus/2018/PN.Pti, especially from a juridical and non-juridical perspective. The juridical perspective is the thought of the Panel of Judges, which considers the position, indictment and request of the examiner, witnesses, evidence and facts in the preliminary interaction. Meanwhile, the non-juridical reflection by the Panel of Judges included the basis of the plaintiff's activities, the results of the respondent's activities, the social and monetary conditions of the plaintiff and the strict components of the plaintiff. It was these two reflections that decided the Panel of Judges to select/enchant the plaintiffs. Thoughts of the Panel of Judges in viewing and selecting cases in the crime of selling makeup illegally/without permission in Choice Number 186/Pid.Sus/2018/PN.Pti, especially from a juridical and non-juridical perspective. The juridical perspective is the thought of the Panel of Judges, which considers the position, indictment and request of the examiner, witnesses, evidence and facts in the preliminary interaction. Meanwhile, the non-juridical reflection by the Panel of Judges included the basis of the plaintiff's activities, the results of the respondent's activities, the social and monetary conditions of the plaintiff and the strict components of the plaintiff. It was these two reflections that decided the Panel of Judges to choose/enchant the plaintiffs.
PERLINDUNGAN HUKUM TERHADAP PERKAWINAN ANAK DI BAWAH UMUR MENURUT UNDANG-UNDANG PERLINDUNGAN ANAK (STUDI PENETAPAN PENGADILAN AGAMA NOMOR 23/PDT.P/2020/PA.SPT DAN PENETAPAN NOMOR 0391/PDT.P/2016/PA.CBN) Febrian Rizky Firmansyah; 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.v4i2.17115

Abstract

Legislation is one of the legal instruments to protect the public. Marriage dispensation is the domain of the Marriage Law which lex specialis regulates the granting of the right for someone to marry even though they have not reached the required age limit. Meanwhile, the UUPA as lex generalis has condemned the occurrence of child marriages. Marriages of minors often occur due to court decisions, so the problem arises how the judge considers the marriage of minors in the determination of Number 23/PDT.P/2020/PA.SPT and Number 0391/Pdt.P/2016/Pa.Cbn?, and how is the granting of a marriage dispensation linked according to the provisions of the Child Protection Act? The research method used is normative juridical with a case approach and legislation. Based on the results of the analysis, the judge's consideration of the marriage of minors in the two cases of determining the marriage dispensation is more focused on preventive nature. Through these preventive legal considerations, it will provide benefits (benefits) and avoid harm from things that are unwanted and prohibited by religion. The provision of marriage dispensation through the determination of the Religious Courts for minors is not a form of protection for children, but rather provides an opening for every child who is not yet an adult to be able to carry out marriages. Based on legal rules, general provisions override special provisions so that the marriage dispensation regulated in the Marriage Law will override the UUPA.
TUMPANG TINDIH PUTUSAN PENGUJIAN PERAT34 URAN PERUNDANG-UNDANGAN DI MAHKAMAH AGUNG DAN MAHKAMAH KONSTITUSI DITINJAU DARI ASAS KEPASTIAN HUKUM Michael Michael; 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.v4i2.16983

Abstract

The author made this thesis with the title "Overlapping Decisions on Testing Legislation in the Supreme Court and the Constitutional Court Judging from the Principle of Legal Certainty" because as a state of law and the regulation of guaranteeing constitutional rights (Article 28 D paragraph 1 of the 1945 Constitution of the Republic of Indonesia) which in this case This is a legal certainty that is often violated by the enactment of laws and regulations. Therefore, as an effort to guarantee that regulations do not conflict with each other, a mechanism for reviewing laws and regulations is arranged. The Supreme Court decided to review the legislation under the law against the constitution, but the problem was that this last resort actually resulted in legal uncertainty again occurring when the decisions of the Supreme Court and the Constitutional Court regarding the review of laws and regulations contradict one another. each other. Therefore, the writing of this thesis will focus on finding the source of the overlapping problem and possible solutions to solve these problems.

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