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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 835 Documents
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IMPLEMENTASI PERLINDUNGAN HUKUM TERDAHAP HAK MATERNITAS PEKERJA WANITA DI KAWASAN BERIKAT NUSANTARA (KBN) CAKUNG JAKARTA UTARA DITINJAU DARI UNDANG-UNDANG KETENAGAKERJAAN (STUDI KASUS PELANGGARAN HAK MATERNITAS PEKERJA WANITA DI WILAYAH KBN CAKUNG, JAKARTA UTARA) Melisa Kurniawan Ardianto; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (282.68 KB) | DOI: 10.24912/adigama.v1i1.2158

Abstract

This research was conducted to examine the rules concerning the protection of maternal right of women workers set forth in Labor Law. Basically, women workers have special right, their right must also be facilitated. One of the most fundamental right is the maternal right of women workers, including the right to menstruation leave, get social security in the form of care during childbirth and after childbirth, breast feeding and caring for the right and child rearing. This research also to look at the law as the principles of truth and justice that is natural and universally applicable. The method used in this research is normative research specifications. Juridical instruments used are equipped with the Labour Law Regulations related of legislation law, while the normative aspect associated with the materials related to the research literature. Implementation of maternity rights protection of women workers has been stated in the Labour Law and ILO Convention No. 183 Year 2000 on Maternity Protection (ILO Convention on Maternity Convention). The results of this research indicate that the implementation of maternity right not going well.
ANALISIS YURIDIS TERHADAP ALAT BUKTI VISUM ET REPERTUM PSIKIATRIKUM DALAM KASUS TINDAK PIDANA PERKOSAAN (STUDI KASUS PUTUSAN PENGADILAN TINGGI BANJARMASIN NOMOR 42/PID/2017/PT BJM) Yitro Daniel; Dian Adriawan Dg Tawang
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (819.716 KB) | DOI: 10.24912/adigama.v2i2.6684

Abstract

Based on Decision Number 20 / Pid.B / 2017 PN.Mrh has reported rape issued by the wife of Suwito Budi Santoso while the wife of Suwito Budi Santoso is named Sumaryati. However, Decision Number 42 / PID / 2017 / PT.BJM, the Banjarmasin High Court Judge Council acquitted 7 defendants who were not proven in rape cases. However, in the court's ruling, the Banjarmasin High Court contained anomalies that differed from the Verdict of the Marbahan District Court, namely from the expert's statement and the results of the post mortem psychiatric review. The problem is how is the juridical analysis of the evidence evidence and psychiatric repertum in the case of rape (case study of the Decision of the High Court in banjaran 42 / PID / 2017 / PT BJM)? The author approves this problem using normative research methods supported by expert interview data. The author creates in Article 184 the Criminal Procedure Code valid evidence is divided into 5 (five), which consists of legal evidence categorized Letters which are translated Article 187 and in Perma No 3 of 2017 in Article 4 to be discussed by the Judge. The author asks that for Law Enforcement, to pay more attention to what matters are the contents of the legislation. Investigators, Public Prosecutors, Judges, and government institutions that are involved in the tools of the post mortem and psychiatric repertum in the crime of rape, must really realize the contents of the agreement. So that the legal certainty given by the State to the community can be fully accepted
AKIBAT HUKUM PEMBATALAN AKTA JUAL BELI (AJB) ATAS TANAH OLEH PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 888/K/PDT/2016 Livia Clarista; Endang Pandamdari
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.573 KB) | DOI: 10.24912/adigama.v1i2.2745

Abstract

Buying and selling is a process of transferring rights of land carried out by making a sale and purchase deed by a land deed official. Therefore, the procedure must be in accordance with the applicable laws and regulations to produce a valid deed and can be used to transfer the land rights. In this case, there was a mismatch in the procedure for making land sale and purchase deeds carried out by land deed official. This caused a legal defect in the deed which was then supported by a statement from the District Court Verdict Number 381/Pdt.G/2014/PN/Bdg. and the Bandung High Court with Decision Verdict 451/PDT/2015/ PT BDG., where both of them grant the plaintiff's claim, namely land deed official itself. However, the Supreme Court Judges considered that land deed official did not have a legal standing in filing a claim because it was deemed not to have legal interests in the sale and purchase deed. The Supreme Court Judges in Verdict Number 888 / PDT / 2016 canceled the previous court decision. This resulted in the deed returning to its original state. However, the deed can then only be canceled by the parties in it, but the cancellation also can only be done if both parties agree. While the legal consequences of the land deed official issuing the sale and purchase deed are the acceptance of sanctions in the form of temporary and permanent dismissals.
KONSISTENSI PENGADILAN NEGERI DALAM MEMUTUSKAN WANPRESTASI DALAM PERJANJIAN KERJA (PUTUSAN KASASI NOMOR 1706/PDT/2013 DAN PUTUSAN KASASI NOMOR 322/PDT.G/2015/PN.JKT.TIM) Yusmita Sari; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2164

Abstract

A working relationship between the employers with workers or labourers often inconsistent like what to expected, so often cause of disputes. The purpose of this journal is to know how the Consistency of the District Court in Deciding Default in the Employment Agreement based on concideration and decisions from judge of verdict of appeal number 1706/PDT/2013 and verdict of appeal number 322/Pdt.G/2015/PN.Jkt.Tim. This study is a normative legal research methods supported by some interview is expected to help answer the problem of this research. the result of this study are : first the service bond agreement can not be equalized with the employment agreement. because they both agreements have different elements.  the service bond agreement is an ordinary civil agreements, not regulated by law no 13 of 2003 about employment.second, Industrial relation court is a special court in general court. They both have a difference of authority. Industrial relations courts are authorized to adjudicate disputes from employment agreements while state courts are authorized to adjudicate disputes from service bond agreements. Appellate court as the highest court of the country must prioritize justice and legal certainty and must explicitly decide on the actual decision.
TANGGUNG JAWAB PPAT DALAM HAL PEMBUATAN AKTA JUAL-BELI TANPA SEPENGETAHUAN AHLI WARIS Jodhantara Aulliandika; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6700

Abstract

Land Deed Makers / PPAT Officers are officials who have the authority to make authentic deeds related to legal actions such as making land sale and purchase deeds. However, in practice, PPAT is often used as a part of the Defendant because of inaccuracy or inadvertence in making the sale and purchase deeds to the detriment of the heirs of the landowner. So the problem arises how the accountability of PPAT in terms of making Deed of Sale and Purchase without the knowledge of the Heirs of the Land? The method used is a normative legal research method. Based on PPAT Cikampek analysis results in decision number 12 / PDT.G / 2017 / PN.KWG declared to have committed acts against the law in carrying out their duties violating the precautionary principle of making Deed of Sale without the presence of Seller / heir so that, PPAT is dropped Article Acts against the law but without being held accountable, it should be in accordance with the provisions of Article 1365 of the Indonesian Criminal Code, a person who commits an act against the law is obliged to provide compensation, but in this decision the judge does not decide on the PPAT to be responsible but impose the article on illegal acts against PPAT with the regions Cikampek sub-district, Karawang Regency.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PENANDATANGANAN AKTA JUAL BELI YANG DIDASARI ATAS BLANGKO KOSONG (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1201/K/PDT/2016) Arlene .; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2755

Abstract

PPAT or The Land Deed Official is a Public Official who is granted part of the authorities by the State in the implementation of land registration and the making of an authentic deed. The certificate that is made by PPAT must be made based on the deeds of the law by the parties. The authentic certificate can be used as evidence in case of dispute based on the ordinance. According to Article 22 Regulation Number 37 of 1998, the certificate must be read by The Land Deed Official in front of the parties along with two witnesses. However, in this case, The Land Deed Official asked one party to sign on the blank certificate, as a result the certificate wasn’t being read in front of the parties. This deed is accused of maladministration that includes unlawful procedures, abuse of power, malfunction and unfairness or incompetence. The author examines the problem using normative legal research methods which supported by some interviews with the ones who are experts in the field of the land and maladministration. This deed resulted in the existence of legal consequences. The sanctions awarded againts to the Land Deed Official who did this deed contained in Ministerial Decree of Agrarian Affairs and Spatial/Head of National Land Authority Number 1 year of 2006 Article 28 paragraph (1) includes firing from The Land Deed Official membership.
PENERAPAN ASAS LEX SPECIALIS DEROGAT LEGI GENERALIS TERHADAP UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK DALAM TINDAK PIDANA PERJUDIAN TOGEL SECARA ONLINE STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA UTARA NOMOR 599/PID.B/2018/PN.JKT UTR Franky Satrio Darmawan; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2844

Abstract

Gambling is a crime and can be punished for its actions. However, along with the development of the gambling era it was played with electronic media, namely online gambling. The State of the Republic of Indonesia has overcome gambling crimes with evidence such as the existence of laws contained in criminal law and if carried out online there is an Electronic Information and Transaction law. The research entitled The implementation of principle lex specialis derogat legi generalist concerning information and electronic transaction laws in online lottery gambling crimes Case Study Decision of North Jakarta Districts Courted Number 599 / PID.B / 2018 / PN.Jkt Utr, having a problem statement is why the public prosecutor did not apply the principle of lex specialis derogat legi generalist in the online lottery gambling crime Case Study of the Decision of the North Jakarta District Court Number 599 / PID.B / 2018 / PN.Jkt Utr. The purposed paper for the law enforcement officials to appllied the principled of Lex Specialise Derogat Legi Generalits in the case of prosecution of court decisions.
PENEGAKAN HUKUM TERHADAP NOTARIS YANG MEMPROMOSIKAN DIRI MELALUI MEDIA SOSIAL Riyan Saputra; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2312

Abstract

Notary is a carrier of office or ordinary we call the general officer appointed by the state and also work for the service of the public interest, in carrying out its duties a Notary must adhere to the rules of legislation that prevail in Indonesia as he served. In the Notary Code of Ethics and the Decree of the Minister of Justice and Human Rights of the Republic of Indonesia there is a provision that prohibits a Notary from conducting a form of promotion in social and electronic media, what are the constraints faced by the Notary Supervisory Board in Indonesia? The author examines the problem using normative legal research methods supported by some interviews that are expected to help answer the research and sources interviewed are the parties concerned such as Kaskus, Supervisory Board and also one of Notary in Jakarta. Subsequently, the acts committed by the Notary are clearly violated and appropriate to the sanction imposed on such notary as regulated in Article 6 paragraph (1) of Notary Code and Article 18 Paragraph (4). In this case it is clear that the Notary was found guilty of a form of self-promotion in Social Media, but the Supervisory Board itself essentially oversees the Notary but due to the many obstacles faced by the Supervisory Board, the duties of the Supervisory Board itself do not alter Board regulations Notary Supervisors become more assertive and expected to apply optimally.
TANGGUNGJAWAB MASKAPAI PENERBANGAN LION AIR TERHADAP HILANGNYA BAGASI TERCATAT DALAM PERPSKETIF UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN JO PERMENHUB NOMOR 77 TAHUN 2011 (STUDI KASUS PUTUSAN NOMOR 6/PDT.G.S/ 2018/PN.DPS) Fani Ali; Amad Sudiro
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6908

Abstract

Enjoying trips using the air transport fleet is one of the modes of transportation that is quite in demand because of the short travel time. However, problems sometimes arise because passenger luggage is lost or damaged during the trip resulting in passenger losses. As happened in the case of a Lion Air passenger suit for loss of baggage containing passenger luggage. The judge in his decision stipulated compensation that according to the victim was not commensurate with the total value of the loss so that the problem arose as to how the responsibilities of Lion Air flights as a carrier for the loss of belongings of passengers in baggage were recorded according to Law Number 1 of 2009 concerning flights? How to settle compensation for checked baggage lost during flight in Indonesia? This research uses normative legal research. Based on the results of the study, Lion air is responsible for the loss of luggage belonging to passengers in the checked baggage based on the provisions of Permenhub No.77 of 2011 Article 5 paragraph (1) letter a and based on the judge's decision that grants some of the plaintiff's demands that adopt a limited liability model (presumption of liability) and provide sanctions requiring compensation with a number determined by Permenhub No. 77. Settlement used in this case the plaintiff uses litigation settlement and in this case the settlement of compensation still refers to the judge's decision.
TANGGUNG JAWAB DIREKTUR PT PMA YANG TIDAK MENDAPATKAN PENGESAHAN SEBAGAI BADAN HUKUM DAN SUDAH MENJALANKAN USAHANYA BERDASARKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA (STUDI KASUS PT.X DAN PT.Y) I Gede Putra Wijaya; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2849

Abstract

Foreign investors who want to invest in Indonesia must obey the existing rules, namely the Investment Law No. 25 of 2007. The investment law stipulates that if foreign investors want to do business in Indonesia, the foreign investor must establish a company in the form of a legal entity, namely a limited liability company. Requirements for foreign companies can be said as legal entities that must go through the stages of establishing a company until the company ratified by the Ministry of Law and Human Rights. If a foreign company is not a legal entity, the foreign company is not legal and cannot be considered a legal subject in carrying out business activities in Indonesia. Regarding the liability of the foreign company that is to be borne by the private party not by the shareholders because the foreign company is not a legal entity. It is better if foreign investors want to carry out business activities in Indonesia that the business must be in the form of a legal entity in accordance with the investment law’s order to comply with the applicable rules and foreign investors can carry out their business activities properly.

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