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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
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 98 Documents
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Search results for , issue "Vol. 5 No. 1 (2022)" : 98 Documents clear
PENEGAKAN HAK PRIORITAS PENGIRING AMBULANS OLEH MASYARAKAT SIPIL DITINJAU DARI PASAL 134 DAN 135 UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Joelian Rezky Utomo; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The enforcement of the priority rights of ambulance attendants by civil society must be dealt withfirmly, so that it reflects justice for all parties, whether they get priority or not. This study aims to findout how law enforcement is against violators of Article 134 of Law Number 22 of 2009 concerningroad users who have primary rights and to find out how the implementation of priority driving rightsaccording to articles 134 and 135 of Law Number 22 of 2009 concerning Traf ic and Transport Road.Ambulance escorts carried out by civil society has reduced violators who are still carrying outambulance escort activities, but it is still not ef ective because of the uneven knowledge of the policeregarding the provisions of Article 135 Traf ic and Road Transportation. violators are afraid andcreate prevention of violations of the priority rights of road users, this is evidenced by the presence ofcivil society ambulance escorts that still occur on public roads. The role of the Police in providingeducation is also needed so that there are no or multiple interpretations in understanding andunderstanding the laws that regulate Priority Right to Drive on Public Roads.
HAK UPAH PEKERJA PKWTT TERHADAP PEMUTUSAN HUBUNGAN KERJA SEPIHAK OLEH PERUSAHAAN PERSPEKTIF UU NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS: PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR: 134/PDT.SUS-PHI.G/2019/PN.JKT.PST) Alvin Faizal Adhiaza; Gunardi Lie
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Termination of Employment Relations often creates experiences between employers andworkers/labourers. Disputes tend to occur between workers/ laborers and employers regarding theemployment relationship. sometimes workers/laborers pay attention to the labor rules in Law Number13 of 2003 concerning Manpower, in that provision already regulates the rights and obligations of theparties, as well as regulates industrial cooperation agreements. Therefore, this study aims to find outhow the company's considerations and responsibilities regarding payment of industrial responsibilitypayments in the Central Jakarta District Court Decision Number:134/Pdt.Sus-PHI.G/2019/PN.JKT.PST. The research method used is normative legal research with aprescriptive nature of research, and uses primary legal materials, secondary legal materials, and usesa statutory approach. The researcher obtained the results, that the consideration is in accordance withLaw Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, employers are requiredto pay compensation money, but it is not in accordance with the Manpower Law on refusal of wages.Workers also do not get their rights such as employment relationship status, wages below theminimum, and employment social security.
ANALISIS PUTUSAN PENGADILAN NEGERI JAMBI NOMOR 516/PID.B/2019/PN.JMB DITINJAU DARI PRINSIP ULTRA PETITA Defarai Qarima Darmawan; Hery Firmansyah
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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The judge in deciding a criminal case must be based on the indictment of the public prosecutorand everything that is proven at trial. The problem faced in the research is how the ultra petitalimit in imposing criminal sanctions by judges and how the Jambi District Court Decision No.516/Pid.B/2019/PN.Jmb analyzes the ultra petita theory. The research method used is normativejuridical law research. The results of the study indicate that the ultra petita limit in imposingcriminal sanctions by judges is that it must not exceed the maximum threat of the article charged,it is not allowed to give a criminal decision whose type of crime has no reference in the CriminalCode, or criminal regulations outside the Criminal Code and the sentencing decision must giveconsideration suf iciently evidence-based. Jambi District Court Judge Number516/Pid.B/2019/PN.Jmb has given an ultra petita decision, in which case the Public Prosecutor inhis indictment demands a sentence of 10 years in prison for the defendant with a reduction whilethe defendant is in prison. in detention based on his order that the accused remain in detention.However, the Panel of Judges tried and sentenced the defendant for 12 years. In this case, thejudge has decided on the case and sentenced him to imprisonment in accordance with themaximum penalty in the Criminal Code. There must be a normative regulation regarding theexistence of ultra petita decisions that may be made by judges.
HAK UPAH PEKERJA AKIBAT PEMUTUSAN HUBUNGAN KERJA SEPIHAK PERSPEKTIF UNDANG-UNDANG NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS: PUTUSAN NOMOR 162/PDT. SUS-PHI.PLW/2019/PN.JKT.PST) Aufan Ahdi; Gunardi Lie
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Workers are people who work as well as people who receive wages or work results. Workers andemployers who enter into an employment relationship are required to include a work agreement. In thisemployment relationship, the employer often terminates the employment relationship unilaterallywithout giving rights to workers, including severance pay, service fees, and compensation forentitlements. The author uses normative legal research methods and uses interview data as supportingdata. The results of this study reveal that Decision Number: 162/Pdt. Sus-Phi.Plw/2019 which washanded down by the Panel of Judges in the case of Industrial Relations Disputes that occurred betweenworkers and employers was not in accordance with Article 155 of Law Number 13 of 2003 concerningManpower which in the event of Termination of Employment, in this case the worker must obtainentitlement in the form of wages during the process, which is for a full 6 months. If there is anindustrial relations dispute between workers and employers, it can be resolved through an industrialrelations court outside or through an industrial relations court.
ANALISIS TERHADAP PENERAPAN DELIK UNSUR PEMERKOSAAN ANAK PADA PUTUSAN NOMOR : 11/PID.SUS/2021/PN/LRT Fitrah Syaikhah Mosa Basa; Hery Firmansyah
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

A child is a human being under the age of eighteen who is considered unable to distinguish between goodand bad deeds. So that a child protection law is formed which specifically regulates how a child isprotected by his rights and obligations before becoming a person who is considered capable as a legalsubject. From these regulations, children are also protected from sexual crimes committed by force andthreats of violence, but children are also protected from seduction or committing a series of lies so thatchildren can become a place to release someone's sexual desires. Therefore, there are rules that alsoregulate persuasion, deception, or a series of lies that have been regulated in the Child Protection Law, sothat if such an incident occurs, it must be prosecuted with an appropriate article between the act and theelements in it. article.This regulation is also one way to provide justice between victims and perpetrators ofcrimes.
TANGGUNG JAWAB NOTARIS DAN KEDUDUKAN PERJANJIAN NOMINEE DI INDONESIA Ivana Ivana; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Agreement is a concrete event that can be seen from written or unwritten agreements, in Indonesia there are severaltypes of agreements, namely appointment agreements. The nomination agreement under Indonesian law can beclassified as an agreement that can lead to legal contraband. The appointment agreement has not been made in theCivil Code, but in fact the prospective agreement grows and develops in the community, the agreement is alsoincluded in the category of matchmaking or anonymous contracts. The appointment agreement can be interpreted asa statement of truth and a power of attorney, usually the agreement with the candidate is stated in the form of a deedof the parties, to strengthen the agreement, an authentic deed is made. This work uses a normative research methodwith a legislative approach, a case-by-case approach and a conceptual approach, for research purposes to analyzeand explain the notary's duties of wrongdoing committed by the parties in the agent's deed. responsible for theexistence of the nomination contract, only a notary who carries out according to his abilities and responsibilities inaccordance with the applicable rules, but if an unlawful act occurs, it will be returned to the maker of thenomination deed.
PERJANJIAN SIMPAN PINJAM MATA UANG ASING PADA BANK BRI (STUDI KASUS KESALAHAN TRANSFER DANA NASABAH YANG DILAKUKAN BANK BRI) Azaria Maharani; Gunardi Gunardi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Banking is an important activity for society. Main role of banking are for storing and distributingfunds. Banking activities must be carried out carefully and professionally so as to minimize false step.If something goes wrong then what should be done based on the existing law. To handle it, thegovernment has made applicable legal regulations, one of which is Law No. 3 of 2011 concerning theTransfer Of Funds. Therefore, this research was made to find out this problem. This study uses anormative method that uses existing laws as the main data and other data as relevant data. The resultof this study is that the party who made a mistake must immediately correct the error and adjust to thetheory used, the Bank is also obliged to compensate for the amount of compensation that is equivalentto the mistake that has been made. When the bank makes a mistake, it is necessary to justify andprovide compensation to the recipient of the funds.
HAK UPAH DAN THR PEKERJA SELAMA PEMUTUSAN HUBUNGAN KERJA (STUDI KASUS : PUTUSAN PENGADILAN NEGERI BANDUNG KELAS 1 A KHUSUS NOMOR 9/PDT.SUS-PHI/2018/PN BDG) Ragil Aryo Pandito; Gunardi Gunardi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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The problem that very often exists between a worker/worker and an entrepreneur is the impact of Termination ofEmployment, labor for a work relationship will soon be terminated due to the complexity of a problem from endingthe livelihood of a worker or worker. Termination of Employment Relations has legal consequences for bothemployers and workers/labor. The rights and obligations of each party must be fulfilled until there is a decision fromthe Industrial Relations Court, in which workers will receive legal protection, namely receiving severance pay orservice pay as a substitute for termination of employment. Sulissetiyani P.W as Plaintif one has a position as ananalyst who has worked for 5 years and Warsiyo as plaintif two has a position as an Implementing Assistant whohas worked for 5 years and will be dismissed because Bahar Dinur Islam is often late for work without being given afair severance pay in accordance with the Act. Invite so that Sulissetiyani P.W and Warsiyo propose. The BandungDistrict Court at the Industrial Relations Court filed a lawsuit, but the rights for workers in the decision to bringseverance pay or better known as gratuities during the period of service have not been fulfilled. normative of aresearch is used with literature study techniques in data collection. just like the meaning of a symbol of justice and asymbol of scales, a judge should make considerations in order to achieve maximization of workers who have rightsthat should be fulfilled.
PENERAPAN, PENGELOLAAN, DAN PERTANGGUNG-JAWABAN ATAS BENDA SITAAN DAN BARANG RAMPASAN NEGARA DI RUMAH PENYIMPANAN BENDA SITAAN NEGARA (RUPBASAN JAMBI) Kevin Pramadani; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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In May 2019, three civil servants from the Jambi Kumham Regional Of ice were arrested for stealing11 cellphones at the State Property Confiscated Objects Storage (RUPBASAN) of ice. RUPBASANshould be a safe place for confiscated, but with the theft case in RUPBASAN, it is certainly interestingto examine juridically regarding the cause of the case, legal protection for confiscated goods,obstacles experienced by RUPBASAN and handling ef orts. Referring to these problems, the authoruses empirical juridical research methods. Based on the results of the study when referring to thetheory of law enforcement according to Friedman, namely structure, substance and culture, then in thiscase the structure and substance of the law have actually been formed, the lack of a sense ofresponsibility to keep objects from being lost, dishonesty and abuse of power for selfish purposesshows the culture that exists within the implementing of icers that causes such cases to occur. Theobstacles experienced by the Jambi RUPBASAN are Internal Constraints and External Constraints.Ef orts to resolve these obstacles are by strengthening coordination and synchronization.Strengthening coordination between the Government, the Ministry of Law and Human Rights, theIndonesian National Police, RUPBASAN, and parties related to the management of confiscated objectsand state confiscations, so that internal problems can be resolved. Synchronization of work guidelines,management regulations and regulations for implementing cooperation in the management ofconfiscated objects and state confiscations, so that in the process of implementing the management ofconfiscated objects and state confiscated goods.
PEMBATALAN SERTIPIKAT HAK MILIK YANG DITINGKATKAN DARI HAK GUNA BANGUNAN (CONTOH KASUS: PUTUSAN PENGADILAN TATA USAHA NEGARA SERANG NOMOR 58/G/2019/PTUN-SRG) Adi Dian Permana; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Land rights are marked by the issuance of a certificate of land rights. This certificate functions as acertificate of title, issued for the benefit of the right holder concerned, in accordance with the physicaldata contained in the measuring document, as long as the physical data and juridical data are inaccordance with the data contained in the letter of measurement and the land book of the titleconcerned. So in this case it is clear that the certificate is a strong means of proof provided by the stateto guarantee legal certainty and certainty of rights, as long as no other party can prove otherwiseregarding the status of ownership. In this case, the certificate can increase the increase to OwnershipRights, but increasing the Ownership Rights does not rule out the possibility of a problem arising. Onecase that occurred was the previous incident that the certificate had been upgraded from Hak Gunawhich occurred at Ruko Permata Cimone, Tangerang City. The beginning of the problem after theletter was issued regarding the mandatory certificate of Ownership which requires the cancellation ofthe certificate of building rights in the name of PT. Purna Bhakti Jaya and its derivatives, namely 22certificates of property rights and 11 certificates of building rights that have been extended. Theowners objected because at the beginning of the issuance of the decree there was no informationregarding the object being submitted.

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