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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 835 Documents
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PERLINDUNGAN HUKUM BAGI KREDITUR DALAM HAL DEBITOR MENYEWAKAN OBJEK JAMINAN FIDUSIA KEPADA PIHAK KE TIGA (ANALISIS KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 1271 K/PDT/2016) Delvina Alodia; Endang Pandamdari
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.v1i1.2218

Abstract

Fiduciaire Eigendomsoverdracht or as otherwise known as Fiduciary Transfer of Ownership or Fiduciary Security, is a type of security that has now been used by many people and cannot be denied its importance in the world of private law. In Fiduciary Security, the objects will which remain in control of the person or entity which provides a fiduciary security over the objects (Fiduciary Provider). That is why this security is used to give the fiduciary beneficiary a form of legal certainty and to secure repayment of certain debt. But in reality, there are still many problems concerning this such as the fiduciary beneficiary who doesn’t register the object at the Fiduciary Registration Office, the fiduciary provider doesn’t pay their debts or they may have rented or possibly sold the objects. In this situation, the fiduciary beneficiary faces an immense loss. This journal focuses on the problem where the fiduciary provider has rented the object to another party without the fiduciary beneficiary’s knowledge and what legal protection does the fiduciary beneficiary has concerning this situation. The research method this journal uses is a normative method with the usage of secondary data and qualitative analization. The results of this research is to give a picture of the preventive and repressive legal protection for the fiduciary beneficiary in regards to the fiduciary provider having sold the object without the fiduciary beneficiary’s knowledge.
PELAKSANAAN PEMBERIAN IZIN USAHA PERTAMBANGAN MINERAL DAN BATU BARA (MINERBA) DI KABUPATEN PANDEGLANG SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Thelisia Kristin; Rasji Rasji
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5279

Abstract

Nation Authority are held by Government. That authority divided into several regions in indonesia. That regions devided according to article 18, Chapter (1) UUD 1945, stated that United Nation are devided into several provinces, and each province divided into region and city, which in every provinces, Regency,  and Cities have they own regulation that have been continued arranged at Article 18 Chapter (2) UUD 1945 that stated every appointed government in every provinces, regency, and cities have authority to arranging and managing they own government errand according to autonomy principal and helper task.  This thing have a tight connection with nation purposes to protect, to prosper and to involved in world order. And for that reason act number 32 - 2004 about region goverment are made that stated about more clearly about  goverment power distribution which held by nation.  But about exploitation abundance natural resources, especially in mining sectors, act 4 - 2009 are made to regulate minerals and coal mining operation. In Act 4- 2009 are regulating provinces, Regencies, and cities government jurisdiction to make  warrant for mining operations. But in practices there's often issues come out about jurisdiction between provinces,  regencies, and cities goverment. Which in time,  act 32- 2004 are replaced with act 23 - 2014. The writing of a thesis this will discuss the situation in further information about of execution in the provision of licenses for and the obstacles faced all that is in issuing of the business licenses after the entry into force of the country mines in solidarity act 23 – 2014 that is the newest. Reserach methode that writer used is yuridis normatif which is a descriptive method And writer also use act approaches.
Tanggung Jawab Perusahaan Pengangkut DHL Express Terhadap Pengiriman Barang dari Jakarta ke Malang ( Studi Putusan Pengadilan Nomor 733/Pdt.G/2017/PN.JKT.SEL.) Chriesty Angeline; Siti Nurbaiti
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5246

Abstract

In a transportation agreement, practice the rights and obligations of the parties are not always fulfilled, because during the process of shipping, sometimes it does not always went well, even there is the package disappearance cases. For example, a case that occurred between the DHL Express transport company and the sender Massayu Chairani who was disadvantage due to the loss of her package that the company agreed to delivered. How the company DHL Express responsibility of the shipping to the sender in transportation from Jakarta to Malang and How the District Court Decision Number 733 / Pdt.G / 2017 / PN.JKT.SEL regarding the responsibility of the shipping company DHL Express to the sender in transportation from Jakarta to Malang continue to make a discussion. The research method used is descriptive normative legal research method, using secondary data and primary data as supporting data with the law approach. The results of research illustrate that DHL Express does not give full responsibility to the sender and the results of judges' decisions that do not grant full compensation claims are also considered not in accordance with Article 91 KUHD and Law Number 22 of 2009 concerning Road Traffic and Transportation in Article 188 and Article 193 paragraph (1). It is recommended that DHL Express give full responsibility to the sender of the goods for transporting goods from Jakarta to Malang and should have a court decision can decide the case more carefully to grant full compensation claims.
ANALISIS PEMUTUSAN HUBUNGAN KERJA AKIBAT MOGOK KERJA TIDAK SAH PADA PT SRIREJEKI PERDANA STEEL (STUDI KASUS: PUTUSAN PENYELESAIAN HUBUNGAN INDUSTRIAL NOMOR 74/G/2014/PHI-BDG JO PUTUSAN MAHKAMAH AGUNG NOMOR 58/K/PDT.SUS-PHI/2015)” Jovania Hardisa; Andari Yurikosari
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.v1i1.2232

Abstract

Strike is a collective refusal by employees to work under the conditions required by employers. Strikes arise for a number of reasons, though principally in response to economic conditions or labor practices. However, in some cases, there is still no decidedly regulation that a strike can lead to the Termination of Employment. This paper will describe the case of 255 employees in PT Srirejeki Perdana Steel which being terminated by the employer of PT Srirejeki Perdana Steel without negotiation. Under the Law Number 13 of 2003 on Manpower, negotiation is an obligatory and essential material that must be done before the employer can terminate their workers. This paper will describe the completion of the right caused by the termination of 255 employees in PT Srirejeki Perdana Steel. The author research the problem with normative method supported by the interview of experts related to the case. There must be a proper regulation to fulfill the right of employee and law certainty to achieve justice for all.
KEWENANGAN KOMISI INFORMASI DALAM MENGADILI SENGKETA INFORMASI PUBLIK (Studi Kasus: Forum Diskusi Suporter Indonesia melawan Persatuan Sepak Bola Seluruh Indonesia) Angretta Lolita; Muhammad Abudan
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.v1i1.2134

Abstract

Public information should be accessible to everyone. Information must be disclosed to the public without any limitation and transparent. Right of Information becomes very important along with more transparent state administration for public supervision and more accountable state administration. Upon enactment of Law Number 14 of 2008 on Public Disclosure, Information in the governmental public agency becomes more transparent. Public Disclosure may also over time create problems inspiring the establishment of Information Commission. Information Commission is the only agency vested with the authority to resolve Public Information Dispute. No other governmental agency or body is vested with the same authority. This is termed absolute authority of the Information Commission in resolving Public Information Dispute. However, in reality, Information Commission is proven unfair and acting beyond its authority in Decree Number 199/VI/KIP-PS-A/2014. How the Information Commission acts beyond is authority? The author examined the issue by normative method. The data of research show the weakness of the Information Commission in resolving Information Dispute. This weakness results in legal uncertainty. Information Commission must immediately evaluate the fault in such dispute.
PENYALAHGUNAAN PEMBERIAN KUASA UNTUK MENJUAL DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) OLEH PENERIMA KUASA (CONTOH KASUS : PUTUSAN MAHKAMAH AGUNG NOMOR 1846/K/PDT/2017) Livia Cindy Ariella; Endang Pandamdari
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5262

Abstract

A sale and purchase agreement is one of the most frequently made agreements. One of the most traded objects is land. According to customary law, land sale and purchase is a legal act of transferring land rights. The legal act of sale and purchase is carried out by a land deed official who has the authority to make a sale and purchase deed. Sometimes, the sale and purchase deed cannot be made because there are conditions that have not been fulfilled, so the parties first make a preliminary agreement called the binding sale and purchase agreement. Usually, the binding sale and purchase agreement is followed by power of attorney to sell. The formulation of the problem in this thesis is whether the inclusion of the power of attorney to sell is permissible, and if the recipient of the power of attorney misuses the power, what form of legal protection can be given to the authorizer. The author uses normative legal research methods that are supported by interviews to answer these problems. The inclusion of a power of attorney to sell within the binding sale and purchase agreement is permitted as long as it is not an absolute power that is prohibited by law. Legal protection that can be given to the authorizer is divided into two forms: preventive protection, a legal protection aimed at preventing the occurrence of disputes, and repressive protection, a protection that serves to resolve in the event of a dispute.
PERLINDUNGAN HUKUM TERHADAP JABATAN NOTARIS ATAS DUGAAN PELANGGARAN KODE ETIK DALAM PENGURUSAN HARTA WARIS (STUDI PUTUSAN MAJELIS PENGAWAS PUSAT NOTARIS NOMOR 03/MPPN/VIII/2016) Michael Amsal Sumitro; Endang Pandamdari
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.v1i1.2240

Abstract

Notary Is a Public Official granted authority by the State in making an Authentic Deed. On that basis, it is necessary to have legal protection for a Notary if in conducting his / her position of office sued on the alleged violation of code of ethics as it happened in Decision of Supervisory Board of Notary Center Number 03/MPPN/VIII/2016. Notary LIS is sued with alleged violation of code of ethics on the management of the heirs but the allegations according to the judges in both MPW and MPPN the action does not violate the code of ethics. Based on the analysis result that referring to Article 9 paragraph (7) Notary Code of Ethics, the legal protection of the notary's office on the alleged violation of the code of ethics in the management of the permanent inheritance shall be entitled to the protection of a good name through a letter issued by the Notary Publicity Council. The qualification of a notary act can be regarded as a violation of the code of ethics only stipulated in the provisions of Article 4 of the Code of Ethics of 2015. Notary LIS is in fact violating Article 52 UUJN because in carrying out the task of handling of inheritance based on an oral testament there is still family relation. However, the MPPN is not careful that such action is not a violation of UUJN.
TINJAUAN YURIDIS TERHADAP PUTUSAN KASUS PENCEMARAN NAMA BAIK DENGAN MENGGUNAKAN SOSIAL MEDIA INSTAGRAM DITINJAU DARI PASAL 310 AYAT (3) KITAB UNDANG-UNDANG HUKUM PIDANA Danny Putera Christian; Dian Andriawan Daeng Tawang
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.v1i1.2139

Abstract

The regulation of defamation is stated in the Indonesia Criminal Code, specifically it’s stated on the article 310. However, the legal rules of defamation by using social media are specifically regulated in Undang-UndangNo.19 Year 2016 About the Amendment of Undang-Undang No.11 Year 2008 About Information And Electronic Transactions. In a thesis that written by the author, the author did an analysis of the actions that have been done by a defendant who deliberately perform an action that meets the element of offense in Article 27 Paragraph (3) of Undang-Undang No.19 Year 2016 on Amendment to Law No. 11 Year 2008 About Information And Electronic Transactions. The acts committed by the defendant shall not be subject to juridical sanctions, since the criminal law also applies the reasons for the criminal offense both for justification and for reasons of forgiveness. The act committed by the defendant in Decision No.1047 / Pid.Sus / PN.JKT.SEL was analyzed as justification because the defendant committed the act to defend himself, as regulated in Article 310 Paragraph (3) of the Criminal Code . The research method whichused by the author is normative research supported by conducting interviews to cyber crime experts.
PERLINDUNGAN HUKUM BAGI PEMBELI RUMAH UMUM DARI PERBUATAN WANPRESTASI OLEH DEVELOPER/PENGEMBANG SESUAI DENGAN UNDANG - UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Rani Shafira; Jeane Neltje Saly
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5267

Abstract

Housing or complex is a collection of houses as part of settlements, both urban and rural, equipped with infrastructure, facilities and public utilities as a result of efforts to fulfill livable houses. Nowadays housing development often happens and developers have begun to promote the building before the building was completed. Then after consumers do PPJB with the developer. But the problem that often arises is that developers have bad intentions with various things to the detriment of consumers. In this case the developer had a bad intention by guaranteeing violet garden consumer ownership certificates to Maybank to obtain a loan of funds which resulted in a loss for consumers. The problem that the author raises how is the responsibility of the developer who defaults on general home buyers according to UUPK? What is the legal protection for general home buyers from defaults carried out by developers according to UUPK? What are the obstacles and efforts of the government in implementing the UUPK against the default problems that the developer has made? The author examines this case with normative research methods. The results of the analysis obtained by the author state that the developer has defaulted on the consumer, the developer cannot be held responsible for his mistakes, the developer has violated his obligations as a business actor and the developer does not fulfill the consumer rights set out in the UUPK. Based on this case, the UUPK should be revised and consumers must be more careful in making home purchases.
ANALISIS PENERAPAN PASAL 245 UU NO. 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU DALAM (STUDI KASUS PUTUSAN NO:03/PDT.SUS-PKPU/2016/PN.NIAGA.JKT.PST.) Henry Prawira; Christine S. T. Kansil
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5255

Abstract

Bankruptcy has become a common problem in today's business world, under the Bankruptcy and Suspension of Payment Act, in addition to bankruptcy, one can do so through Suspension of Payment. Suspension of Payment is a method of debt-receivable dispute resolution which is supervised by a supervisory and administering judge, whose final legal product is peace or insolvency. Not all Debtors have good intentions, sometimes payments are made after Suspension of Payment's application is registered. According to the Article 245 of Law Number 37 of 2004 on Bankruptcy and Suspension of Payment, all payments made before the Suspension of Payment are not permitted, after the Suspension of Payment application has been applied for and has been registered at the commercial court in the district court. However there is a dualism of understanding of the prohibition, some claim that the payment is permissible, and some claim that the payment is not permitted. Many Debtors use these payments to abort the formal requirements of Suspension of Payment, which is not in accordance with the legal objectives of justice for all parties, because the usual payment is payment to only a portion of creditors, who have smaller debts, which makes other creditors not get legal certainty, and the consequence of that is that PKPU's application must be rejected. The purpose of this study is to find out how to apply Article 245 of Act No. 34 of 2004 as it should, so that it can be adjusted to the purpose of law, namely justice.

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