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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
ANALISIS AKIBAT DARI PEMALSUAN DOKUMEN PERKAWINAN DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 DAN HUKUM ISLAM Aufa Putri Nabila; Mia Hadiati
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Every citizen has the right to marry because this marriage is a sacred event so that there are manylegal responsibilities. This is stated in Article 1 of Law Number 1 of 1974 concerning Marriage whichstates "Marriage is an inner and outer bond between a man and a woman as husband and wife withthe aim of forming a happy and eternal family (household) based on the One Godhead. ." So we need alegal regulation itself that regulates marriage law so as not to cause a problem in the future. This legalarrangement of marriage must be focused first on the registration of marriages because theregistration of marriages is very important for the continuity of the parties who have carried out themarriage procession. An unregistered marriage will have legal consequences for the position of thewife, the position of the children, and the position of assets. A marriage that has occurred must berecorded because this is an ef ort made by the government to create order in an administration in thefuture.
ANALISIS DUGAAN PELANGGARAN PENGGUNAAN FOTOGRAFI (JEFRI TARIGAN VS TRIBUN NEWS) Kelvin Arizona; Christine S.T. Kansil
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
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Copyright is an exclusive right owned by an author that can arise automatically based on declarative principlesafter the existence of a work which is then made into a concrete form without any reduction or restriction inaccordance with the provisions of the legislation. Copyright itself, if detailed in more detail, can be said to be aright that can be used in the context of copying a copyrighted work, which then gives the right holder anopportunity to determine restrictions on the act of duplicating his creation without permission and also the rightis limited in terms of meaning has a certain time limit on its validity. Intellectual property is attached to thecreation of the mind, and this is attached to everyone who owns the work of his creation if the work is publishedbut there will be problems if a person or legal entity uses the work of another person. There is a problem in thiswriting, namely how is the application of Law No. 28 of 2014 concerning Copyright against alleged violations ofphotographic copyright (Jefry Tarigan VS Tribun News)? This research is that not all acts of illegally takingworks are prohibited or considered copyright infringement, but in every photographic work that we call aportrait, that is, it has received protection since the portrait was uploaded. Copyright infringement can becategorized if someone does not have copyright permission from the creator and fulfills several components ofcopyright infringement, but if these components are not met, it cannot be stated that a copyright has beenviolated.
ANALISIS TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN ATAS DUGAAN MANIPULASI HARGA MASKER DI TOKOPEDIA BERDASARKAN UNDANG UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Alexander Arcelino Gunadi; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The COVID-19 pandemic that is currently engulfing Indonesia has caused public health concerns.The need for masks is a major item in the face of this pandemic. Due to the high public need forhealth, business actors commit fraudulent acts for their own benefit by increasing the price of masks.Consumer protection is “a way to give consumers a protection and a guarantee of legal certainty.The problem faced is what is the responsibility of business actors and legal protection for consumersagainst alleged manipulation of mask prices at Tokopedia based on Law Number 8 of 1999concerning Consumer Protection. The research method used in writing this thesis is normativejuridical law research. The results of the study show that the responsibility of business actors relatedto this research cannot be found in violation of the UUPK and there are no provisions concerningthe obligations of business actors to maintain the exchange rate of goods in order to remain inaccordance with the conditions and quality of goods. " The responsibility of business actors alsocannot be held for a material responsibility, but only a moral responsibility can be sought.Consumer protection against the behavior of business actors in fraudulent acts to increase the priceof the masks is not maximized and requires special arrangements in relation to these problems.
AKIBAT HUKUM PROSES PEMBUKTIAN TERHADAP TERDAKWA YANG TIDAK DIDAMPINGI PENASIHAT HUKUM DALAM PERSPEKTIF HUKUM ACARA PIDANA (STUDI PUTUSAN PENGADILAN NEGERI TEMBILAHAN NOMOR 215/Pid.Sus/2019/PN Tbh.) Alex Oktavian; Hery Firmansyah
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The Criminal Procedure Code adheres to the principles contained in the provisions stipulated in Articles 50 to 64 ofthe Criminal Procedure Code which can be concluded as the rights of the suspect or defendant. Among the rights ofa suspect or defendant is the right to obtain legal assistance from legal counsel which can be provided at every levelof examination and in the context of rapid distribution of justice for everyone which is carried out quickly, cheaplyand simply. In the practice of implementing litigation, the provision of legal assistance to the community is often notcarried out. One of them is in the case that the author will discuss, the Decision of the Class II A TembilahanDistrict Court number 215/Pid.Sus/2019/PN Tbh which sentenced Kamarek bin Ruslan to 6 years in prison and afine of Rp. 3 billion, subsidiary to 6 months in prison. In the a quo trial, the Defendant who is an illiterate person isnot accompanied by a Legal Counsel so that he cannot fight for his rights as a Defendant. In this paper, the authorwill examine the legal consequences that arise in the court process where the defendant is not accompanied by alegal advisor, as well as legal protection for the rights of the defendant who is not accompanied by a legal advisorduring the trial.
PENGALIHAN OBJEK JAMINAN FIDUSIA OLEH PEMBERI FIDUSIA TANPA SEPENGETAHUAN TERTULIS DARI KREDITUR MENURUT UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Angel Meilenia Ng; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Fiduciary guarantee is a guarantee for a tangible or intangible movable object and immovable object.In a fiduciary agreement, the object of the guarantee of ownership of the object remains in the hands ofthe debtor. However, the fact that happens is that debtors often transfer the object of their fiduciaryguarantee to a third party, which causes losses to the creditor. Therefore, this study aims to determinethe implementation of the droit de suite principle on the transfer of the fiduciary guarantee object andthe legal consequences if the fiduciary guarantee object is transferred without written notification tothe creditor. The research method used is normative legal research with descriptive researchproperties, and uses primary, secondary, and tertiary legal materials. The researcher obtained theresults that the droit de suite principle is always attached to the material rights, even though they aretransferred. This will have a logical consequence where if the object of the guarantee is transferredwithout being known to the creditor, the creditor can withdraw the object of the guarantee whoseownership has been transferred to another party other than the creditor and debtor.
AKIBAT HUKUM WANPRESTASI TERHADAPAKTA KESEPAKATAN BERSAMA YANG DIBUAT DI HADAPAN NOTARIS (STUDI KASUS PUTUSAN PENGADILAN NEGERI BEKASI NOMOR 339/PDT.G/2019/PN.BKS) Herman Joseph; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The application of the law is an application that has been determined by the government as areflection of the rules that must be obeyed by law enforcement of icials and the public. Agreement is anegotiated and typically legally binding arrangement between parties as to a course of action theabsence of incompatibility between two things. In agreement, there are the terms called default (breachof contract). Default refers to non-fulfillment of an 'achievement' in the agreement which can be afailure to, do something, not do something, or pay an amount. Breach refers to breaches of anagreement in general, such as violations of the statements and guarantees, not cheating and so on,including default. It can be said that if a party is in default, that party is definitely in breach (ofcontract), but if a party is in breach (of contract), that party is not necessarily declared a default withall the consequences Based on article 1243 of the Civil Code which states that the definition of defaultis "reimbursement of costs, losses and interest due to non-fulfillment of an engagement, then itbecomes mandatory, if the debtor, after being declared negligent in fulfilling his engagement, continuesto neglect it, or if something must be given or made, can only be given or made, can only be given ormade within the deadline that has been passed”
PENANGGULANGAN PRAKTIK CYBER PROSTITUTION PADA APLIKASI MICHAT BERDASARKAN KEBIJAKAN KRIMINAL DI INDONESIA Sindi Fitria; Ade Adhari
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
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Abstract

Prostitution is a despicable act because it violates the norms that live and develop in society,especially moral norms. One of the crimes that is a concern in today's society is prostitution in thecyber world (cyber prostitution). Along with the increasingly widespread use of the internet inIndonesia, cyber prostitution activities are also developing. The perpetrators and pimps began touse social networking sites such as MiChat to carry out their actions. MiChat which wasoriginally used for friendship, is now used to market sex transactions. Cyber prostitution cases inIndonesia currently require a criminal law policy in an ef ort to overcome this. The regulationsgoverning this problem are the Law on Information and Electronic Transactions, the Law onPornography and the Criminal Code. This research is a descriptive normative legal research witha statutory approach, namely examining the laws and regulations related to the legal issues raisedand with an analytical approach. The results of this study indicate non-penal countermeasures,government institutions have carried out supervision or monitoring of applications that are oftenused as media for cyber prostitution. Meanwhile, legally, the Criminal Code and the ITE Law donot clearly regulate the definition of online prostitution.
ANALISIS PEMBUKTIAN TERHADAP TINDAK PIDANA PENGHINAAN DALAM KONTEN YOUTUBE PADA PUTUSAN PENGADILAN JAKARTA SELATAN (STUDI KASUS PUTUSAN NOMOR 1327/PID.SUS/2019/PN JKT.SEL) Rizky Setiawan; Ade Adhari
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
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Abstract

The use of Youtube social media is often misused for purposes that violate the law or unwittingly thecontent uploaded contains criminal acts. One of these cases is Decision Number1327/Pid.Sus/2019/Pn Jkt.Sel or more virally known as the "salted fish" case in which the contentcontains content that violates decency and insults/defamation. The research problem emphasizes moreon how to apply evidence against criminal acts of humiliation through Youtube social media in thecase of decision Number 1327/Pid.Sus/2019/Pn Jkt.Sel? The method used is normative juridical withdeductive data analysis techniques. The application of evidence to prove the criminal act charged withremains refers to Article 184 of the Criminal Procedure Code regarding evidence, namely witnessstatements, expert statements, letters, instructions and statements of the defendant. In this case, theevidence submitted is the testimony of witnesses including victim/reporting witnesses, statements ofexperts, namely ITE experts and criminal law experts, as well as statements of the defendants. Forelectronic evidence and print outs. The indictment of Article 27 paragraph (1) the prosecutor wasunable to prove the existence of a moral violation charge so that the judge chose the primaryalternative indictment Article 27 paragraph (3) was proven as a criminal act of defamation and eachperpetrator was qualified as "a person who participated in committing" (mede pleger). Thegovernment and the legislature need to revise the ITE Law because there are many articles withmultiple interpretations that allow for wild interpretations to obscure the true meaning.
URGENSI PEMBENTUKAN MAJELIS PROFESI PENERBANGAN DI TINJAU DARI PASAL 364 UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN Dimitri Ilyasa; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

In the world of aviation, aircraft accidents often occur, especially in Indonesia, which are caused byfactors such as weather, technical conditions of aircraft, airport technical conditions, humannegligence, and various other causes. Due to human negligence, it is necessary to establish anAviation Professional Council which will improve the competence of aviation personnel and upholdprofessional ethics in the Indonesian aviation world. Therefore, it is necessary to establish an AviationProfessional Council in Indonesia in accordance with Article 364 of Law Number 1 of 2009concerning Aviation (hereinafter referred to as the Aviation Law) whose function is to provideadministrative sanctions to flight personnel who are negligent or do not perform their professionaccording to procedures that cause aircraft accidents and provide legal protection for AviationPersonnel who are considered to have violated the code of ethics and or mis-procedures in carryingout their profession so that they are not subject to criminal or civil sanctions if in further investigationthere is no indication of intent.
KEBIJAKAN FORMULASI DALAM MENANGGULANGI PELECEHAN SEKSUAL DI MEDIA SOSIAL DITINJAU DARI UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL Gen Yaish Ibrahim; Ade Adhari
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Along with the development of technology, crime has also evolved. Crime, which used to happen inconventional ways, is now expanding through cyberspace. Crime that happened in cyberspace alsoknown as cybercrime. Sexual harassment in social media or cyber harassment was a cybercrime thatwas often occured nowadays. In Indonesia, there are several applicable laws to countering the sexualharassment in social media, which are Indonesian Criminal Code (KUHP) and Law of ElectronicInformation and Transactions (UU ITE). Unfortunately, those applicable laws still have hugeweaknesses. Law of Sexual Violence Crimes (UU TPKS) comes as a specific law that against sexualviolence. Basically, Law of Sexual Violence Crimes (UU TPKS) can be used to deal sexual harrasmentin social media. But, this applicable law still has some weaknesses thus may obstructed thecountermeasures of sexual harassment in social media. The main issue of this paper is how policyformulation in tackling sexual harassment in social media viewed from Law Number 12 of 2022 aboutSexual Violence Crimes (UU TPKS)? The ef ort to counter sexual harassment in social media shouldbe formulated by observing the characteristic of those crime as a cybercrime. Sexual harassment insocial media should be formulated clearly, and the definition of sexual harassment in social media alsoought to be in the body of the Sexual Violence Crimes Law (UU TPKS). It aims to maximize thecountermeasures and prevention of sexual harassment in social media.

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