Jurnal Hukum Adigama
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.
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<![CDATA[PERLINDUNGAN LUMBA-LUMBA SEBAGAI SATWA LANGKA YANG DILINDUNGI DARI TINDAKAN PENEMPATAN DAN ATRAKSI HIBURAN YANG TIDAK SESUAI ]]>
<![CDATA[Vivian Fanny]]>;
<![CDATA[Ahmad Redi]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i1.2274
<![CDATA[The emerging of entertainment development in Indonesia, increasing number of tourists is one aspect for the world entertainment competition. The increasing insistence and urge in the world of entertainment making the business perform a variety of ways in order to survive and able to compete in the competition. One of the example is the dolphins entertainment, they do a lot of tricks and do interact directly to human. Apart from all the entertainment that we get as the consumer, we do not know how the way dolphins suffer of to do all the orders given for the tricks, to do the direct interaction without injuring humans. All things they went through was a hard painfuly and unpleasant process. As a protected species, the care maintenance and ownership rules should be followed for the sake of the animal welfare. The protection of dolphins entertainment considered as important and should be monitored according the rules to avoid animal abuse.]]>
<![CDATA[KEKUATAN PEMBUKTIAN AKTA NOTARIAL DALAM PENYELESAIAN PERKARA JUAL BELI TANAH (STUDI PUTUSAN NO. 124 PK/PDT/2015) ]]>
<![CDATA[Edmond Putra]]>;
<![CDATA[Hasni .]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i1.2144
<![CDATA[Agrarian law in the broad sense is the entire rules of law both written and unwritten governing the earth, water and within certain limits also space and natural wealth contained therein.as well as in a process of buying and selling land, the parties will certainly first make an agreement between the parties before the buying and selling of land. in this case the binding sale and purchase agreement, which serves as a proof tool at the time of the litigants in court. but in this case despite the existence of such strong and perfect evidence, the judge does not decide the case carefully and fairly, the reason is that one of the parties in this case feels aggrieved by the verdict granted by the judge, for what has been written in binding agreements of sale and purchase and addendum are not used as a basis by the judge in deciding the case. then it is with the writing of this journal, it is expected that this journal can be the aspirations and opinions in examining a civil case, so it is for the future if there is a similar case can be used as a reference for the enforcer the law to be more careful and study the case being handled it, the purpose is to avoid the occurrence of judges who are less aware of the knowledge of the case being handled, so that it affects the quality of decisions made by it.]]>
<![CDATA[ANALISIS PENYELESIAN SENGKETA INTERNAL LEMBAGA NEGARA (STUDI KASUS PELANTIKAN PIMPINAN DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA PERIODE 2017-2019) ]]>
<![CDATA[Yanzah Bagas Nugraha]]>;
<![CDATA[Dwi Andayani Budisetyowati]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i1.2149
<![CDATA[The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA ASING (TKA) AKIBAT PEMUTUSAN HUBUNGAN KERJA (PHK) SECARA SEPIHAK OLEH PERUSAHAAN MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 1285/PDT.SUS-PHI/2015/PN.JKT.PST Jo. PUTUSAN MAHKAMAH AGUNG NOMOR 133 K/PDT.SUS-PHI/2017 Jo. PUTUSAN MAHKAMAH AGUNG NOMOR 165 PK/PDT.SUS-PHI/2018) ]]>
<![CDATA[Hillary Hendry]]>;
<![CDATA[Stanislaus Atalim]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i1.5256
<![CDATA[Termination of employment is one of the last attempts carried out by the company if no agreement is reached between the parties. However, all efforts must be made in advance so that Termination of Employment does not occur, as stated in Article 151 paragraph (1) of Law No. 13 of 2003 concerning Manpower. The subject matter of this case can be seen from the results of the Judicial Review with Decision Number 165 P / Pdt.Sus-PHI / 2018, stating that the Defendant has unilaterally terminated the Work Relationship and is obliged to pay compensation to the Plaintiff in the form of wages until the IMTA end. Even though according to Article 62 of Law No. 13 of 2003 concerning Labor states that if one party terminates a work relationship before the time expires, the party ending the employment relationship is obliged to pay the worker or labor wage until the expiration of the term of the work agreement. In addition to that, the other main issue is the supervision of the Ministry of Manpower on the use of Foreign Workers (TKA) related to this case. The type of research used is the normative research method.]]>
<![CDATA[AKIBAT HUKUM PEMBATALAN PERKAWINAN KARENA WALI NIKAH YANG TIDAK BERHAK TERHADAP KEDUDUKAN ANAK DAN HARTA BERSAMA MENURUT HUKUM ISLAM ]]>
<![CDATA[Yulianti Maulidya]]>;
<![CDATA[Imelda Martinelli]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i2.2736
<![CDATA[Marriage is a physical and spiritual bond between man and woman who become husband and wife creating the happy and eternal family in the name of God Almighty. To conduct a marriage, the prospective groom and bride must meet marriage terms and conditions, or else the marriage itself may be cancelled. The cancellation of marriage is one way of breaking the bond which requirements and principles are flawed. In the provisions of article 71 letter (e), the Islamic law compilation decrales that the marriage held without an authorized guardian will result on abolishment or be considered never exist. Neverthless, the cancelled marriage does not abolish the parental obligation of the children. The child remains legitimate and they are under their parents responsibility. Meanwhile, in the case of shared assets, in Islamic law, husband and wife can choose to use the method of Ash Sulh (negotiation),‘Urf (customary law), and the last option is Qadha (justice).]]>
<![CDATA[ANALISIS PEMBAGIAN HARTA BERSAMA DALAM KONDISI MATI KALALAH (Studi Kasus Putusan Nomor 197K/AG/2015) ]]>
<![CDATA[Tetty Hariyati]]>;
<![CDATA[Wahyuni Retnowulandari]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i1.2154
<![CDATA[The division of community property is a very essential issue in domestic life. Regarding the positive law taking in force in Indonesia, the division of community property for Islam is regulated in the Compilation of Islamic Law (KHI) where the Compilation of Islamic Law regulates the division of community property for both widowed (widowed and not remarried) and divorced (divorced and not remarried). The widowed is regulated in article 96 of the Compilation of Islamic Law and the divorced is regulated in article 97 of the Compilation of Islamic Law. If examined from these two articles, both equally regulates if the marriage relationship broke up, the community property is divided for husband and wife, each will get a 50:50 part. However, this is different based upon Decision Number 197K / AG / 2015 The division is greater for the wife of 60% and 40% for husband. In this case the problem raised here is how the regulation makes an arrangement for division of community property in dead condition without father and children (mati kalalah) under the law of inheritance in Indonesia and how the judge's consideration related to the division of community property in dead condition without father and children (case study: Decision number 197K / AG / 2015)? The author here used normative legal research method that is descriptive and primary and secondary data and also supported by interviews in this study.]]>
<![CDATA[ANALISIS EKSEKUSI PIDANA UANG PENGGANTI PADA KORPORASI BUMN YANG TIDAK DIJADIKAN SEBAGAI TERDAKWA (STUDI KASUS MAHKAMAH AGUNG NO. 1964 K /PID.SUS/2015) ]]>
<![CDATA[Andi Sabputera]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i1.5242
<![CDATA[Corruption has become a quite serious problem faced by the Indonesian nation, especially corruption involving BUMN, one of which is the involvement of state-owned corporation PT NK in corruption cases for the construction of the Sabang pier in 2014 to 2011 which has cost the state finances Rp.798 billion. The defendant in this case was HS as the Branch Head, but the corporation was never appointed as a defendant. Based on the results of the analysis that although the state-owned corporation PT NK corroboration was not prosecuted in the indictment, the court ruling imposes responsibility for paying substitute money. This is in accordance with the judgment of the judge due to the receipt of money from the corruption crimes that enter the corporation so that additional penalties in the form of substitute money can be imposed on PT NK. Execution of criminal money substitute for corruption cases, KPK prosecutors can confiscate and auction off corporate assets. If the asset has been sold, the prosecutor can file for bankruptcy and if the corporation claims to be unable to pay substitute money, then the prosecutor needs to trace the assets of the corporation concerned. In the case of state-owned corporation PT NK still having the obligation to pay substitute money, it would be difficult to analyze because the KPK found it difficult to handle it because it involved state finances. The implication is that if a BUMN corporation cannot pay substitute money then the return on state financial losses is not optimal.]]>
<![CDATA[Analisis Pembuktian Alat Bukti Closed Circuit Television (CCTV) Sebagai Alat Bukti Petunjuk ]]>
<![CDATA[William Abraham]]>;
<![CDATA[Hery Firmansyah]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i2.2741
<![CDATA[Process of proofing is one of the most important in the trial. In the process of proofing, someone could be determined as defendant or not by relating the facts that happened with the available evidence in the trial. Process of proofing refers to Criminal Code Procedure Article 183 which about need minimum of 2 (two) valid evidence and to get Judge’s conviction and also refers to Criminal Code Procedure Article 184 which about valid evidence that can use in the trial. Along with the current development that continuously evolving, there is evidences outside of Criminal Code Procedure. Closed Circuit Television is one of many evidences that arranged in Law of Republic Indonesia Number 11 of 2008 concerning Information and Electronic Transaction. Now, Closed Circuit Television often used in trial to give more explanation about unclear facts to make it clear. But, to use Closed Circuit Television as evidence, it needs related to Criminal Code Procedure Article 188. To be able used as valid evidence Closed Circuit Television need to has correlation between facts in the trial and Closed Circuit Television itself]]>
<![CDATA[KONSEP SANKSI PIDANA PENJARA CICILAN SEBAGAI ALTERNATIF PEMENJARAAN BARU DALAM UPAYA MENGATASI OVER CAPACITY/KELEBIHAN KAPASITAS DI DALAM LEMBAGA PERMASYARAKATAN ]]>
<![CDATA[Muhammad Fauzar Rivaldy]]>;
<![CDATA[Mety Rahmawati]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i1.2159
<![CDATA[Law is a rule that applies to every country which has been arranged expressly and applied to society governing all actions from every society and in essence the law is nothing but protection of human interest, in the form of rule or norm. Criminal law is a rule that regulates the act that should not be done, which if violated will be subject to criminal sanctions imprisonment. Prisons are a place to give treatment to the offenders. But at this time the prison is not able to provide the maximum treatment, and prisons today have many problems that occur, namely one of over-capacity. The government has not been able to provide solutions to the problems that occur in prisons, but the current legal reform, especially the criminal law is expected to overcome the problems that occur in the prison, so as to reduce the over-capacity that occurs in prison. In the RKUHP there is one article that regulates the imposition of criminal in a different way that is imprisonment executed by way of installment, Alternative to imprisonment which is expected to reduce the over-capacity that occurs in prison.]]>
<![CDATA[ANALISIS KEBEBASAN BERPENDAPAT TERHADAP AGAMA MENURUT PASAL 156A KUHP (STUDI KASUS PUTUSAN NOMOR 784/PID/2018/PT.MDN) ]]>
<![CDATA[Livianto Sanjaya]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i2.6914
<![CDATA[Meliana was charged with violating Article 156a of the Indonesian Criminal Code and was sentenced by a Medan District Court judge with 18 months in prison for being considered a religious blasphemy for complaining about the volume of the call to prayer near her home. The problem is how freedom of expression relates to religion according to Article 156a of the Criminal Code. The research method used in writing this thesis is normative legal research. The results showed that the Medan District Court Judge considered that the element of "blasphemy" was fulfilled by the fact that based on the conversation delivered by witnesses at the trial and there was a very real relationship between the complaints of the defendant and the anger of Muslims and the Fatwa of the Indonesian Ulema Council of North Sumatra Province stated that The defendant is blasphemous towards Islam, which is the religion of Islam adopted in the State of Indonesia. Freedom of opinion is not free freedom, but freedom that is limited by applicable regulations (Law). This case shows that the blasphemy law is actually a tool of conflict, not a conflict prevention as the government considers it. If this law is not abolished, then there must be a way for the law to "no longer be used." Law enforcement officials truly understand the essence of the blasphemy law, so as not to set a bad precedent in the midst of national pluralism.]]>
