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Ahmad Redi
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ahmadr@fh.untar.ac.id
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Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477
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INDONESIA
Jurnal Hukum Adigama
ISSN : -     EISSN : 26557347     DOI : http://dx.doi.org/10.24912/adigama.v2i2.6520
Core Subject : Social,
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
Search results for , issue "Vol 4, No 2 (2021)" : 239 Documents clear
TINJAUAN YURIDIS TERHADAP BENTUK AKTA SKMHT YANG DIBUAT OIEH NOTARIS MENURUT PASAI 38 UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS FamdaIe, Grace NataIia H; Djaja, Benny
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.v4i2.17126

Abstract

Iaw becomes an inseparabIe part of peopIe's Iives, this resuIts in IegaI systems and norms in society itseIf. The purpose of the existence of a IegaI system and IegaI norms is to uphoId and reguIate the baIance between personaI interests and common interests to avoid a confIict. The quaIity of IegaI perfection is verified into factors of justice, weIfare and concern for the peopIe and others. Iaw continues to grow and deveIop in society and must continue to be formed to achieve the expected goaIs. Based on the contents in this thesis, there are probIems, nameIy the first how the form of the SKMHT deed made by a Notary based on ArticIe 38 UUJN, the second. What are the IegaI consequences for the SKMHT deed made by a Notary that is not in accordance with the form of the deed according to ArticIe 38 of the UUJN? overrides the Notary who made the SKMHT deed based on the PerKaban format No. 8 of 2012. The author aIso conducted interviews with BPN officiaIs and aIso Notaries.
PENGUASAAN TERHADAP RUMAH APUNG YANG DITANAM DI PERAIRAN DITINJAU DENGAN OBJEK PAJAK BUMI DAN BANGUNAN PERDESAAN DAN PERKOTAAN MENURUT UNDANG - UNDANG NOMOR 28 TAHUN 2009 TENTANG PAJAK DAERAH DAN RETRIBUSI DAERAH Sylvie Liunadi; Gunawan Djajaputra
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.v4i2.17132

Abstract

The existence of floating houses in Indonesia has existed since the Dutch colonial era. Floating houses are scattered in several provinces in Indonesia, such as in Sulawesi, Kalimantan and Palembang. This floating house stands with a construction system planted on water land controlled by the state. Article 1 Paragraph (39) of the Regional Tax and Retribution Law defines a building, not only a building that stands on land in general, but also a building that can stand on water. Every control when the object is embedded in the earth or the surface of the land, it is clear that someone who controls the object embedded in the earth, so that the floating house that is embedded in the water does not belong to the people anymore, therefore the floating house which is embedded in the land of waters clearly controls and the person must pay taxes or be taxed by law. In this study the authors used a normative legal research method, with a statutory approach, by examining library materials (literature study). Legal materials used in this research are primary legal materials, secondary legal materials and non-legal materials. From the research that has been done, it can be concluded that the definition of a floating house is the object of Rural and Urban Land and Building Tax because it is attached to the earth so that the land and / or buildings that have been controlled, owned and / or used by private persons.
URGENSI UNDANG-UNDANG TENTANG LEMBAGA KEPRESIDENAN DALAM SISTEM PEMERINTAHAN REPUBLIK INDONESIA DIKAITKAN DENGAN EKSISTENSI UNDANG-UNDANG LEMBAGA-LEMBAGA NEGARA LAINNYA Muhammad Jodi Wiranto; 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.v4i2.17137

Abstract

“The President is referred to as the Head of State as well as the Head of Government and is the central figure of the Presidential institution in implementing decision-making in the Indonesian government system. According to Article 1 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, hereinafter referred to as the 1945 Constitution of the Republic of Indonesia. The State of Indonesia is a unitary state in the form of a Republic. A Republic is a country headed by a president . Almost all state institutions have laws, while the government of the president and vice president do not have laws. Even though it is very important what needs to be regulated in the Duties and Authorities of the Vice President , the relationship between the President's institution and other high state institutions, regarding the rights, obligations and prohibitions of the presidential institution. The type of research in this legal research is descriptive normative or doctrinal legal research which is carried out through a critical, logical and systematic identification process using a historical conceptual approach and a judicial analysis approach (legal analysis), namely an approach to see the historical conception of the Presidential institution according to the period of time. the power of the Presidential in the Constitution as well as the norms governing the Presidential institution in the Act and their urgency and are associated with the existence of laws on other state .
bryandustin0708@gmail.com Briyan Dustin
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.v4i2.17142

Abstract

The assault case directed to the senior investigator of The Commission Of Eradication of Corruption, Novel Baswedan is broadly well known and attracted a lot of attention in the media and the attention of most Indonesian. In which the genesis of this case, the continuity and the progress all the way to the capture and arrest of the known preprated individual consume quite for some times, for almost two years, resulting in the majority of the people of Indonesia to looked down upon the investigation of this case and most also considered this as a botched attempt at derailing the truth of the case. This is however, not an idle fact, there are in fact still a lot of parties, who consider the resolution and the verdict of the case as unsatisfying in the eyes of law and the people who keep on watch on the progress of the case, many in fact felt they are being cheated on. Not to mention, especially, the victim himself, Mr Baswedan isn't too fond of the verdict and the decision that the proceeding judge has issued. And therefore, this article was published in hopes of revealing what are the unknown and oftentimes overlooked law facts circulating in this case, and of course to better expand the knowledge and enhanced of some hidden facts in this case to most people, either it s the broader masses, intellectuals, or even the investigator delving into this case themselves.
PENEGAKAN HUKUM ADMINISTRASI TERHADAP LIMBAH INDUSTRI FARMASI BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 (CONTOH KASUS: PENCEMARAN LIMBAH PARASETAMOL DI PERAIRAN JAKARTA) Meidiana Novriyanti; Keyzia Betarli Lengkong; Christopher David Nagaria; 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.v4i2.17147

Abstract

Waste from the pharmaceutical industry is hazardous waste because it is not only dangerous but also poisonous. If it is not processed and managed properly, it will seriously endanger the environment of the living things around it. Therefore, strict enforcement of the law is required to administer environmental permits for these business activities. Enforcement that violations of environmental management standards can be adjudicated by virtue of Law No. 32 of 2009. The sanction includes administrative, criminal and civil sanctions. Administrative sanctions that the government can impose are government injunctions, revocation of environmental permits to do business, and suspension of those permits. Enforcing regulations in the environmental sector is one of the tasks that PPLH has to carry out, so that companies that have failed to comply with regulations on environmental management, in particular regulations on liquid waste management, are subject to sanction in accordance with applicable regulations. Based on the description above, this study will discuss the enforcement of administrative law against pharmaceutical waste, namely paracetamol in Angke Bay and Ancol Beach waters which are currently being discussed. This research is structured normatively based on secondary data and obtained to be analyzed by qualitative methods and described descriptively.
PENYEDIAAN FASILITAS DAN KEBIJAKAN GUNA PENERAPAN CONJUGAL VISIT SEBAGAI SOLUSI DARI MASALAH PENYIMPANGAN SEKSUAL NARAPIDANA PADA LEMBAGA PEMASYARAKATAN DI INDONESIA Firyal Arribah Syafiqoh; 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.v4i2.17154

Abstract

Conjugal visits or visits of legal partners is a visit related to the biological needs of convicts who are married as one of the fulfillment of the needs for the prisoners. Biological needs or sex needs are one of the basic needs for humans listed in the rules of human rights both nationally and internationally. In this case prisons in Indonesia have not been able to fully implement the regulations regarding conjugal visits clearly or there is no policy regarding the implementation of regulations and the provision of conjugal visit room facilitation which can later be applied to all correctional institutions in Indonesia, so that it has an impact on the fulfillment of the rights of inmates as complete human beings, especially biological needs. Prisoners behind bars struggle to maintain their physical and mental health to defend the rights that they should get by nature as human beings. This study uses a normative juridical approach. The research is focused on examining the application of the rules or norms in positive law, this research method is carried out with data collection techniques carried out by literature studies.
PRINSIP-PRINSIP HUKUM ISLAM DALAM KETATANEGARAAN INDONESIA Maureen Linus
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.v4i2.17159

Abstract

Indonesia is the world’s fourth-most populous country and the most populous Muslim majority country. Indonesia is a presidential, constitutional republic with an elected legislature. It is known that Islam is the largest religion in Indonesia with the percentage reaching the number 86.7% . With the huge number of the Muslim population, some part of Indonesia uses the Islamic law as their legal system. The state constitution in Indonesian legal system differs a lot from the Islamic legal system but some parts of Indonesia use the Islamic law as their legal system. The Islamic legal system also known as the sharia law co-exist together overcoming the vast differences between the Indonesian and the Islamic legal system. This paper aims to describe and discuss the vast differences of the state constitution between the Islamic legal system and the Indonesian legal system as well as how it co-exist together within the area of Indonesia and how it affects the Indonesian constitution.
KEWENANGAN INDEPENDENSI HAKIM DALAM PENERAPAN PIDANA MINIMAL KHUSUS (STUDI KASUS: PUTUSAN NOMOR 144/PID.SUS/2019/PN KDS) Tamara Arruum Shafira; R. Rahaditya
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.v4i2.13573

Abstract

Every single year, cases of sexual crimes have increased. The number of victims is not only from adults but has also spread to adolescents, children and toddlers. Children are a group that is very vulnerable to sexual crimes because children are always positioned as weak or powerless and have a high dependence on the adults around them. In almost every case disclosed, the perpetrator is the closest person to the victim and not a few perpetrators are people who dominate the victim, such as parents and teachers. We recognize sexual crimes as a form of sexual violence against children involving the role of children in all forms of sexual activity that occur before the child reaches a certain age limit established by the laws of the country concerned where an adult or other child who is older or someone who is considered to have better knowledge of the child using it for sexual pleasure or sexual activity. In carrying out this act, usually many of the perpetrators used force, threats, bribes, tricks and even pressure.
ANALISIS KEPASTIAN HUKUM PENJAMIN PERORANGAN YANG MELEPASKAN HAK ISTIMEWA DAN DIMOHONKAN DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) (STUDI PUTUSAN: Nomor 141/Pdt.Sus-PKPU/2020/PN.Niaga Jkt.Pst) Reny Agustini; 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.v4i2.13578

Abstract

In this era of globalization more and more people are plunging into the field of business. In his decision to dive into the field of business, not a few people are willing to borrow credit for the sake of business continuity. In the case of this Lender the Bank must receive a guarantee first to guarantee the repayment of the debt. The current guarantee is not enough just in the form of material guarantees but often requested third-party guarantees. In this case, it is a Personal Guarantee. In the event of a Guarantee, the Creditor will ask the Guarantor to waive its privileges in a special agreement between the Creditor and the Guarantor. This resulted in his position. If many debtors do not pay their debts, lancer will request Postponement in debt repayment obligations. But nowadays not only debtors are requested but guarantors are also requested. This is a very dilemma and until now there is no Legal Certainty on the matter of guarantors requested for Postponement in debt repayment obligations. This is due to the difference in the interpretation of the waiver of privileges and the existence of special provisions in the Bankruptcy Law and Postponement in debt repayment obligations that do not govern clearly and specifically. So this matter becomes uncertain.
PERLINDUNGAN HUKUM TERHADAP MEREK TEKRENAL YANG TIDAK TERDAFTAR DI INDONESIA DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 7 K/PDT.SUS-HKI/2018 Nanda Resa Nur Aliska; Christine S.T. Kansil
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.v4i2.16997

Abstract

the position of the brand has an important role in the world of commerce, so it is very important to provide protection for the brand, which if the company's brand becomes widely known in the community, it will allow competitors who are not in good faith to commit piracy, imitate the brand, or even by counterfeiting to enrich yourself in a short span of time. The problems faced are how the system for granting trademark protection to brands that are not registered in Indonesia and how the legal protection for well-known brands that are not registered in Indonesia in the Supreme Court Decision Number 7K / Pdt.Sus-HKI / 2018. The research method used is normative juridical legal research. The results showed that the protection of foreign well-known marks that are not registered in Indonesia according to the Trademark Law is only protected for 5 (five) years, if the foreign wellknown mark is not registered, other people can register the name and claim the mark. Of course this is contrary to the theory of legal protection, where the state is obliged to protect a citizen/person, even though the person is a foreigner. Where there are 2 (two) kinds of protection methods, namely preventive and repressive methods. Preventive efforts are to prevent brand infringement, while repressive efforts if there is a trademark violation are through civil lawsuits or criminal charges.

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