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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
PENERAPAN PEMBELAAN TERPAKSA TERHADAP PELAKU DALAM TINDAK PIDANA PENGANIAYAAN YANG MENYEBABKAN KEMATIAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI PASIR PANGARAIAN NOMOR 39/PID.B/2019/PN.PRP) Gregorius Martin; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Noodweer is an action taken in a state of urgency. The problems faced in this study are how tojustify the perpetrators who commit crimes of persecution that cause death in the context ofself-defense and how to apply forced defense of perpetrators in criminal acts of persecution thatcause death related to the Decision of the Pasir Pengaraian District Court Number 39/Pid.B/2019/PN.Prp). The research method in this study is a normative juridical legal research method.The results showed that the justification for the perpetrators who committed the crime ofpersecution that caused death in the context of self-defense were coercive circumstances, forceddefense (noodweer), the existence of a statutory regulation and carrying out of ice orders. Theapplication of a forced defense of the perpetrator in the criminal act of persecution that causeddeath related to the Decision of the Pasir Pengaraian District Court Number39/Pid.B/2019/PN.Prp, in which in this case the perpetrator of the defense was forced to bejustified in making a forced defense due to such circumstances and conditions. that happened. Thesituation is very forced to show that there is no alternative that can be done to deal with a threat ofattack or attack because of its urgency, so it is necessary to carry out a forced defense. Thiscondition indicates that if there is a way of defending that causes less harm or no harm to theother person at all, then that method must be prioritized.
IMPLEMENTASI HUKUM DALAM MENANGGULANGI DELIK PROSTITUSI ONLINE MENGGUNAKAN PASAL 296 KUHP Ferdinand De Lapasha; Ade Adhari
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The disparity in sentencing is something that naturally occurs in a decision. The generalunderstanding of disparity is that there is a wide range of dif erences in the sentencing of criminals incases of the same type or level of seriousness. Disparity is divided into two, namely disparity that canbe accounted for and also disparity that cannot be accounted for. There is no concrete definitionregarding the meaning of the disparity. To find and find out whether there are disparities in a decision,numerical punishment guidelines are needed using a consistency of outcomes approach. In thesentencing guidelines there are variables that have dif erent weights and will then be included in thesentencing table so that this is very helpful for judges in imposing criminal penalties. In writing thisthesis, the researcher uses 2 (two) decisions which are considered to have sentencing disparities. Theresearcher uses the decision No.Pid.Sus/2019/PN.Smn and the decision No.445/Pid.Sus/2020/PN.Pal.in the decision of the Sleman District Court, the defendant was sentenced to prison for 4 (four) months.Meanwhile, in the Palu District Court's decision, the defendant was sentenced to 2 years and 3 monthsin prison. It is clear that there is a disparity, but it cannot be judged whether this is a disparity that canbe accounted for or not. The 2 (two) decisions are also reviewed with the ITE Law and the CriminalCode.
PERLINDUNGAN HUKUM TERHADAP MASYARAKAT ATAS TINDAKAN PENGGELEDAHAN TELEPON SELULER OLEH KEPOLISIAN PADA SAAT MELAKUKAN RAZIA Teuku Maudriansyah; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

A search is an investigator's action to carry out an inspection of the house as well as an examination ofthe body or clothing to look for objects that are strongly suspected of being on the body or being takenalong, for confiscation. When carrying out a search, the police must comply with the Criminal ProcedureCode so that there are no human rights violations. In this regard, the Police have made many coerciveef orts and have also ruled out the Criminal Procedure Code in conducting a search. The issues in thisresearch is how is the legal protection for the community regarding the search for cell phones by thepolice during raids. Based on the result of this research is that Unscrupulous members of the police haveclearly violated the provisions contained in article 33 of the Criminal Procedure Code (KUHAP) andprivacy that everyone has. The police should carry out their duties according to procedures.Furthermore, it can be used as a preventive measure related to human rights violations and privacy whichare essentially an integral part of ef orts to provide legal certainty to the community, as well as being analternative step in resolving a legal problem.
KRIMINALISASI PENGGUNAAN KETAMINE SEBAGAI NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Alya Clara Angelita; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Ketamine is one of the anesthetic drugs that is still very commonly used by the medical world. Ketamine is asynthetic from class I narcotics, Phencyclidine (PCP). Used in the correct dosage according to a doctor'sprescription, ketamine is an ef ective way to replace Phencyclidine. The most obvious ef ect of the use ofKetamine is psychoactive, namely, causing loss of consciousness, pain relief, hallucinations, if used in thelong term and continuously with excessive doses can damage the brain nerves, dependence or addiction. Thisresearch uses normative juridical research by using research on legal systematics, besides that this researchuses positive legal regulations. The results of this study indicate that it is found that the use of ketamine isoften misused by the community, especially adolescents as a substitute for narcotics. Considering the ef ectsthat ketamine gives are hallucinogens and addiction, ketamine should be included in the regulation of theNarcotics Act, no longer included in the Health Act.
PERAN PBB ATAS PELANGGARAN HAM TERHADAP SUKU UIGHUR DI PROVINSI XINJIANG, REPUBLIK RAKYAT CINA (RRC) BERDASARKAN INSTRUMEN-INSTRUMEN HAM INTERNASIONAL Wisye Anabella Alexandra Tumengkol; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Human rights violations are the abuse of power and/or state omission of individual rights,indigenous peoples' rights, refugee rights, and minority group rights. The United Nations, which isa forum that facilitates the resolution of problems in the international community for the sake ofthe continuity of world peace by the objectives of the birth of the United Nations, is expected anddemanded to be able to play an active role in upholding human rights and upholding naturalhuman rights. This research aims to analyze the human rights violations in Xinjiang by theChinese Government against the Uighurs. Some examples of human rights violations committedinclude re-education camps, detention, persecution of ethnic or religious groups, and sexualviolence. This study examines, How is the Chinese Government's compliance with internationalhuman rights instruments that have been ratified regarding cases of human rights violations by theChinese Government against the Uighurs in the Xinjiang Autonomous Region and what theresponsibility of the United Nations in resolving the problem of human rights violations in theXinjiang Autonomous Region. The research method used is normative legal research, descriptiveanalysis, data collection techniques library research, The data processing technique is the statuteapproach, and Methods Data analysis is qualitative. The theories used in this research are stateresponsibility, human rights, law enforcement, non-intervention, and self-determination.
AKIBAT HUKUM ANAK YANG LAHIR DARI PERJANJIAN SEWA RAHIM (SURROGACY CONTRACT) Sawsan Yasmine Ohoiwutun; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The existence of the practice of renting a womb carried out by the community raises many legal problems, whichmust be responded to by all parties. Indonesia does not yet have specific and specific rules regarding the rentalof the womb. If you want to know the rules and regulations related to the issue of uterine rental, then they arerelated and related to several laws and regulations that apply in Indonesia. For example, what is the legal statusof the child born from the rental of the womb. This study is to determine the legal consequences of children bornfrom a womb rental agreement. This study aims to determine the legal certainty of children born from the resultsof a uterine rental agreement. Legal relationship, namely if the child is born from a woman whose womb isrented who is bound by marriage (has a husband) then the child will be domiciled as the legal child of thewoman. In Islamic law, the practice of renting a uterus is not permitted.
PERLINDUNGAN HUKUM MEREK TERKENAL “CABERG” TERHADAP PENDAFTARAN MEREK “CABERG” LOKAL DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR 06/Pdt.Sus-Merek/2020/ PN.Niaga.Jkt.Pst.) Renald Saputra; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Brands have very significant benefits in encouraging the quantity of existing brands, but it cannot bedenied that there are so many brands that give rise to various conflicts and disputes that occur becauseof these various brands. In general, conflicts on brands exist due to violations of existing brands withthe motivation to get easy profits and try, or imitate, even fake brands that exist in the community. Thisstudy discusses the legal protection of the well-known brand "caberg" against the registration of thelocal "caberg" trademark in Indonesia through a case study of the decision of the Central JakartaCommercial Court Number 06/pdt.sus-brand/2020/pn.niaga.jkt.pst. The author's reason for bringingup the case is that CABERG S.p.A. Italy is a well-known brand that must be protected. Ef orts toprovide legal protection for well-known marks have started with the Paris Convention. Theformulation of the problem in this study is how to regulate the principle of equality in principle whichis proposed in bad faith based on Law Number 20 of 2016 concerning Marks and GeographicalIndications? and How is the legal protection of the well-known brand "CABERG" against theregistration of the local "CABERG" mark in Indonesia related to the Decision of the Central JakartaCommercial Court Number 06/Pdt.Sus-Merek/2020/PN.Niaga.Jkt.Pst.? This study found that there areelements of similarity in principle or in whole to the well-known brand Caberg. There are similaritiesin the equation of form, writing method, sound equation and elemental equation.
PERLINDUNGAN KONSUMEN MENGENAI PERTANGGUNGJAWABAN TAGIHAN PEMBAYARAN PENJUMPERAN LISTRIK Bondan Cahyadi; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Consumer protection according to the Consumer Protection Act itself is all ef orts to ensure legalcertainty for consumers, consumer protection is certainly made to eliminate the gap between businessactors and consumers, where business actors are certainly more dominant than consumers. Therefore,this research was conducted to eliminate the gap between business actors and consumers. There are somany business actors who do not follow the Consumer Protection Act to get more benefits for them.For example, there are consumers who have to pay fines that they have never done before but are stillforced to pay the fines. How is the legal protection? Therefore, this research is intended so that in thefuture there will be no more incidents like this where consumers are very disadvantaged because ofactions taken by business actors. Thus, the Consumer Protection Law must be implemented very wellso that Business Actors do not act arbitrarily to Consumers.
TANGGUNG JAWAB BANK DALAM DUGAAN HILANGNYA TABUNGAN NASABAH ( DI BANK MANDIRI TAHUN 2021) Erlando Agi Patra; R.M. Gatot P. Soemartono
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Banks play a significant role in the economic growth of a country, and in its activities, banks are in direneed of deposit funds from their customers. In this regard, banks are required to guarantee the security ofcustomer funds deposited with banks. As an ef ort to protect consumers/customers, Law no. 8 of 1999concerning Consumer Protection and Law no. 10 of 1998 concerning Banking. However, in reality thereare still many modes of crime in the financial services sector. Many phenomena occur between banks andcustomers, one of which is debit card theft and PIN ownership. This causes the customer's balance to belost in the amount of IDR 128 million rupiah. The problem that will be discussed is how the bank isresponsible for the loss of customers and how the legal settlement will be. This research is to understandthe form of bank responsibility and find out what customers should do if they feel aggrieved, as well aswhat legal steps the customer can take. This study uses normative legal research methods using books andwebsites, as well as interviews as supporting data. The results show that the customer must report theproblem to the bank concerned clarify the truth. When the bank cannot help with the complaint, thecustomer can make a report to the Financial Services Authority (OJK). OJK will facilitate customercomplaints, which if there is an error on the part of the bank, the bank must be responsible, but if the bankcan prove his innocence, then the loss is borne by the customer himself due to negligence/error. If afterfurther examination there is a criminal element, the perpetrator may be subject to criminal sanctions.
PENERAPAN REHABILITASI MEDIS DAN REHABILITASI SOSIAL TERHADAP PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA JENIS GANJA (STUDI TERHADAP PUTUSAN PENGADILAN NEGERI CIBINONG NOMOR 167/PID.SUS/2018/PN.CBI.) Reyner Darell Sidharta; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Indonesia as a constitutional state based on Pancasila and the 1945 Constitution containsregulations governing the order of people's lives which aim to create security and order in sociallife. In order to overcome the high level of narcotics abuse in Indonesia, the government issuedLaw Number 35 of 2009 concerning Narcotics and Circular Letter of the Supreme Court Number 4of 2010 concerning the placement of victims of abuse and narcotics addicts into medicalrehabilitation and social rehabilitation institutions for reference in sentencing. Furthermore, theresearch used is normative legal research, descriptive analytical research, secondary data types.Imprisonment is not an appropriate final means of punishment for victims of narcotics abuse, butvictims of narcotics abuse do not trade narcotics but for their own consumption, in contrast toperpetrators who become narcotics dealers or dealers who trade narcotics among the public.Article 127 paragraph (3) of the Law of the Republic of Indonesia Number 35 of 2009 concerningNarcotics states that "In the event that the abuser as referred to in paragraph (1) can be proven orproven as a victim of narcotics abuse, the abuser is obliged to undergo medical rehabilitation andsocial rehabilitation. ” And in the Supreme Court Circular No. 4 of 2010 concerning Placement ofAbuse, Victims of Abuse and Narcotics Addicts into Medical Rehabilitation Institutions and SocialRehabilitation Institutions, a person may be subject to medical rehabilitation and socialrehabilitation sanctions if the evidence does not exceed the provisions stipulated in the CircularLetter of the Supreme Court Number 4 of 2010.

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