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[PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PERKOSAAN STUDI PUTUSAN NOMOR 6/PID.SUSANAK/2020/PN.SIM ]]>
<![CDATA[Yosua Martin Cendikia]]>
<![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.v4i2.17127
<![CDATA[Children are a mandate and gift from God Almighty, which is inherent in the dignity and worth as a whole human being. Child protection is the embodiment of justice in a society, thus child protection is sought in various fields of state and social life. One of the cases in the crime of rape where the victim is a girl aged 6 (six) years. This girl was raped and the perpetrator was sentenced to Article 81 paragraph (1) in conjunction with Article 76 d of Government Regulation in Lieu of Law No. RI. 1 of 2016 concerning the second amendment to the Republic of Indonesia Law No. 23 of 2002 concerning child protection which has been stipulated as Law no. 17 of 2016 which is punishable by a minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). The article contains norms in the form of minimum and maximum words in the imposition of sanctions. Judges should decide based on the limits of the minimum and maximum in the norm. However, in this decision the judge determined differently where he was sentenced to 4 (four) years and Job Training for 3 (three) months at the Simalungun Regency Social Service. The application of appropriate sanctions in the decision of the Simalungun District Court Number 6/Pid.Sus-Anak/2020/PN. Sim is at least 5 years old.]]>
<![CDATA[ANALISIS TANGGUNG JAWAB PT. SUMBER ALFARIA TRIJAYA TBK TERHADAP PENGGUNAAN UANG KEMBALIAN KONSUMEN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN TERKAIT PUTUSAN MAHKAMAH AGUNG NOMOR: 533 K/PDT.SUS-KIP/2018 ]]>
<![CDATA[Federico Octaviano B.]]>;
<![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.v4i2.16981
<![CDATA[Alfamart collects funds through the use of consumer change. The problem faced is the responsibility of PT. Sumber Alfaria Trijaya Tbk on the use of consumer change based on Law Number 8 of 1999 concerning Consumer Protection related to Supreme Court Decision Number: 533 K/Pdt.Sus-KIP/2018. The research method used in this paper is a normative juridical research method. The results showed that PT. Sumber Alfaria Trijaya Tbk to collect funds through the use of consumer change based on Law No. 8 of 1999 is based on the distribution mechanism of the results of public donations conducted by PT. Sumber Alfaria Trijaya Tbk, which throughout 2015 has collaborated with 8 credible foundations on a national and international scale. This can be proven by the Decree of the Minister of Social Affairs regarding the procedure for collecting donations, program period, donation collection area, beneficiary foundations, and also the obligation to disseminate information to the public in which the letter was officially issued by the Ministry of Social Affairs so that in its role as perpetrators of collecting donations who already have legal force. For the Alfamart or other business actors who raise social funds by quoting consumer change, it is expected to be able to carry out accountability to the public who have participated in donating by making financial reports that can be accounted for and easily accessible by the public]]>
<![CDATA[REFORMULASI KEBIJAKAN PEMIDANAAN TERHADAP DELIK TERKAIT EUTHANASIA DALAM RANGKA PEMBAHARUAN HUKUM PIDANA NASIONAL ]]>
<![CDATA[Rionardo Farlus Patitan]]>;
<![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.v4i2.17133
<![CDATA[Humans have the right to live and in terms of the right to live there is the right to die which is internationally recognized by the United Nations so that an act appears to stop someone's life, namely Euthanasia. Along with the problems that arise regarding Euthanasia, a sanction is needed in which to deal with the problems that occur, especially in criminal matters. Euthanasia is often encountered and becomes a problem for people who experience it because in other countries Euthanasia is allowed by the government. This is based on various cases in various countries. The government must give strict sanctions to the perpetrators of Euthanasia but in general, in this aspect, criminal law policies in Indonesia are still inadequate and not appropriate in imposing sentences so that a policy of formulation of punishment for Euthanasia offenses in Indonesia needs to be carried out. The writing of this thesis uses doctrinal legal research methods and uses doctrines as supporting data. The results of the study reveal that sanctions against Euthanasia cases have not yet been able to be carried out by the Government because there is no clarity and legal certainty in Indonesia so that it is necessary to formulate a sentence for the Euthanasia offense.]]>
<![CDATA[ANALISIS HAK PRIVASI PERLINDUNGAN DATA PRIBADI MASYARAKAT DI INDONESIA ]]>
<![CDATA[Jennifer Claudia]]>;
<![CDATA[Toendjoeng Herning Sitaboeana]]>
<![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.v4i2.17138
<![CDATA[The more big and updated progress in technology, the more new challenges show up and that affects the protection of citizens' privacy and personal data, especially with the increasing practice of collection, use and dissemination of personal data or the problem known as the data misuse. Other than lack of specific regulations that may cause the weakness of privacy and personal data protection even more, especially when it comes to the use of technology. There is also known as the cloud computing technology which is a technology that uses the internet and central remote servers to maintain or manage user data. It allows users to use applications without installation such as via website, links, etc. so the personal data can be accessed anywhere and anytime through the internet access. But some legal issues in the world of technology are raised by cloud computing technology. The legal issue from cloud computing is very noticeable and dangerous because the personal data contains personal information such as full name, date of birth, id card number, etc. Which means if the provider or the third party, misused the personal data, it is a crime in the eye of law and it is wrong to human rights. As a country, Indonesia does have regulations that specifically protect the citizens from data abuse or known data misuse. But this is not how personal data is protected in Indonesia.]]>
<![CDATA[OMNIBUS LAW DI INDONESIA: PERBANDINGAN HUKUM KENEGARAAN ]]>
<![CDATA[Alexandrio Adenfa]]>
<![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.v4i2.17143
<![CDATA[Omnibus law in Indonesia has become a critical discourse both scientifically and practically. This discourse arises from the relatively rapid drafting and ratification of the Temporary Employment Law. The formation of this law uses the method of Collective Law because it contains the substance of many laws in one law. One of the fundamental problems facing Indonesia is the lack of rules, methods and techniques for drafting general laws. On the other hand, the techniques and methods of drafting these collective laws have been practiced in different countries in order to streamline the legislative process and organize regulations. However, citizen participation is becoming one of the fundamental deficits in terms of legal compliance with the bus and coach law. The objective of this article is to review and compare the omnibus legal concept used in selected countries using the United States and Ireland as a model. This article also looks at how to shape the ideal Omnibus Law by learning from the application of the Omnibus Law in other countries that first implemented it successfully. This study concludes that the omnibus laws in the United States and Ireland help to creating hyper-regulatory symptoms that are vulnerable and hamper economic development. The above comparison must be adapted to enact]]>
<![CDATA[PENEGAKAN HUKUM ADMINISTRASI TERHADAP LIMBAH INDUSTRI FARMASI BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 (CONTOH KASUS: PENCEMARAN LIMBAH PARASETAMOL DI PERAIRAN JAKARTA) ]]>
<![CDATA[Novriyanti, Meidiana]]>;
<![CDATA[Lengkong, Keyzia Betarli]]>;
<![CDATA[Nagaria, Christopher David]]>;
<![CDATA[Sitabuana, Tundjung Herning]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17148
<![CDATA[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.]]>
<![CDATA[EFEKTIVITAS PERAN LEMBAGA NEGARA INDEPENDEN DALAM PEMBANGUNAN GOOD GOVERNANCE DI INDONESIA ]]>
<![CDATA[Yudith Ridzkia]]>;
<![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.v4i2.13567
<![CDATA[The existence of state auxiliary organs also known as independent state institutions is a state institution within the Indonesian constitutional structure that is capable of creating a good governance in Indonesia. Independent state institutions were formed to carry out various aspirated changes where their existence is mentioned in the 1945 Constitution, specifically the Judicial Commission, the General Election Commission, Komnas HAM, the Public Information Commission, the National LawCommission, and the Corruption Eradication Commission (KPK). This research is intended to solve the problems about the effectiveness of the existence of independent state institutions or state auxiliary agencies for the development of good governance concept in Indonesia. This research was made through a normative manner, whereas it was derived from primary and secondary legal materials obtained from a statutory approach and an analytical approach which would then be concluded through deductive thinking. The results showed that the existence of these institutions is a few implications of the reform era which illustrates that the winds of change are bringing this nation towards real change. Since the birth of various kinds of independent state institutions, there are indications that these institutions haven’t functioned effectively and efficiently in dealing with various problems within the state. This is due to the high public suspicion of the existing state institutions because they’re considered not functioning optimally, especially in supporting the reform agenda.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PERLINDUNGAN ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA ]]>
<![CDATA[Sally Dian Nastity]]>;
<![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.v4i2.17155
<![CDATA[The study's goal is to look at legal protection for children from a human rights standpoint. According to the findings, bullying in the form of physical, psychological, and sexual violence continues to be the most common kind of violation of children's rights. This research adopts the literature research method to collect relevant legal materials Children's legal protection is a barometer of a country's civilization. Human rights breaches include ignoring children's rights. Child protection refers to any efforts intended to ensure and protect children's rights so that they can live, grow, develop, and contribute to their full potential in a manner that is consistent with human dignity.In terms of human rights, how can the law be enforced against children? The goal of law enforcement is to provide victims with legal certainty and to prevent harm against minors. There are laws in Indonesia that control child protection. There are laws in Indonesia that control child protection, such as Law 35 of 2014 on Amendments to Law 23 of 2002 Concerning Child Protection., such as Law 35 of 2014 on Amendments to Law 23 of 2002 Concerning Child Protection. Legal arrangements on children's rights, such as the Convention on the Rights of the Child and Law Number 35 of 2014, should be even more assertive in terms of implementation and sanctions if a government collapses in enforcing them so that the current irregularity in the enforcement of legal arrangements on children's rights in various fields can gradually be stabilized.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP HAK KONSUMEN TERKAIT PENYALAHGUNAAN ALAT KESEHATAN RAPID TEST ANTIGEN BEKAS BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Oldriana Lavenia Kumurur]]>;
<![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.v4i2.13574
<![CDATA[The Indonesian government has an obligation to protect every citizen in any situation and condition. Protection from the government must be given to the community if there is an impact, not only to the community but also to an impact that occurs in the economy and politics on the government. Since March 2020 until now, Indonesia is facing a coronavirus pandemic. Due to the virus, the government issued Government Regulation Number 21 of 2020 concerning Government Regulation (PP) concerning Large-Scale Social Restrictions in the Context of Accelerating Handling of CoronaVirus Disease 2019 (COVID-19). One of the policies is the rapid antigen test to prevent the spread of the virus and as a condition for traveling outside the city. In addition to being regulated by the Minister of Health, consumers are given protection according to Law Number 8 of 1999 concerning Consumer Protection. Consumers are given rights that are guaranteed and protected by the government in Article 4 of the consumer protection law. Despite having two regulations, it turns out that in the field there are still cases of misuse of medical devices by the perpetrators. One of the business actors who abused the rapid test medical device at Kualanamu Airport, North Sumatra. The formulation of the problem in this study is how the legal protection of consumer rights related to the misuse of used antigen rapid test medical devices is based on Law Number 8 of 1999 concerning Consumer Protection. The method used; normative juridical, with the types and sources of secondary, primary, tertiary data. The results of the research are that consumer protection in medical devices for rapid tests is still lacking in supervision and guidance, resulting in violations of the law in the health sector and harming many consumers.]]>
<![CDATA[ANALISIS PENERAPAN PEMIDANAAN PERBUATAN BERLANJUT DALAM PUTUSAN HAKIM MAHKAMAH AGUNG NOMOR 217 K/Pid/2020 ]]>
<![CDATA[Ronald Septian Mandiri]]>
<![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.v4i2.17005
<![CDATA[Every country determines its own legal system without being influenced by other countries, criminal law is “Ultimate Remedium” or last resort in resolving a case in court, criminal law aims to: to protect the public interest, in the book of the Act. Criminal law is known to be concurrent, especially continuing acts. Continuing action is between several actions standing alone so that they must be seen as actions continue. In this case, there is a case of criminal prosecution for continuing the decision of the Supreme Court Judge Number 217 K/Pid/2020. How analysis of the application of criminal prosecution continues in the judge’s decision Supreme Court Number 217 K/Pid/2020. The author examines the problem using normative legal research methods. Data from the research shows that the decision of the Supreme Court to punish the act continues to impose the law is not right. The judge’s decision in his decision considers what judges are supposed to do.]]>
