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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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TINJAUAN YURIDIS TERHADAP TANGGUNG JAWAB NOTARIS DALAM MEBUAT PPJB NOMOR 32 (STUDI PUTUSAN NOMOR ; 28/PDT.G/2015/PN.BGR) Ling Fransiska; 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 | DOI: 10.24912/adigama.v1i2.2746

Abstract

Notary is a public official who makes an authentic Deed. In the implementation of the PPJB notary has fulfilled the legally binding of an agreement. However in the practice of making a PPJB Deed by a Notary List which is not based on existing facts, there has been no payment paid by the buyer but in PPJB the payment has been paid in full. The problem of this thesis is how the notary accountability in the making of PPJB no 32 (study decision number: 28 / PDT.G / 2015 / PN.BGR). The research method used is normative law research by using secondary data then analyzed qualitatively. The results of the investigation indicate that the Notary is negligent in making the deed so that the deed is degraded into a deed under the hand because the deed is assessed as having juridical defect and disadvantage one of the parties concerned. The notary may be liable for materially and materially in accordance with the law, UUJN and Code of Ethics.
PENEGAKAN HUKUM TINDAK PIDANA INSUBORDINASI DALAM MILITER (STUDI KASUS PUTUSAN PM NOMOR: 94-K/PM.III-12/AD/VI/2015) Anuar Bukhari; Muhammad Abudan
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.v2i1.5182

Abstract

Insubordination is a criminal act against a superior committed by a TNI soldier, during office hours or outside office hours on condition that the superiors get an official order to carry out their duties or represent the company unit. Insubordination crimes is an act that is not justified among the military, because it is considered to have violated the Sapta Marga and oath of warriors which are the basis of personality patterns as TNI soldiers. In this research, there are a several of issues, first about what is an insubordination crime, and the second is how law enforcement and judges considerations in deciding an insubordination case. The research method used by the author is normative legal research. The results of the study found that law enforcement of TNI soldiers committing an insubordination criminal act is the same as law enforcement of other criminal acts carried out by military members, what distinguishes it is the court's power in the matter of prosecuting at the first level, if the defendant is a Captain down to be tried through a Military Court. Meanwhile, the defendants with the rank of Major and above were tried through the High Military Court. Judges' considerations in deciding on this insubordination case are guided by Articles 103 to 109 of the Indonesian Military Penal Code, as well as the evidence gathered in the trial, in addition, thoroughness, carefulness, and wisdom of the judge is also highly prioritized, to avoid making mistakes in decision.
PERLINDUNGAN HUKUM TERHADAP KORBAN DARI KEKERASAN DALAM RUMAH TANGGA AKIBAT PERKAWINAN DI BAWAH UMUR Laurentius Albert; Mety Rahmawati
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.v1i1.2165

Abstract

Nowadays, child marriage has risen sharply, although there had been an age limit to marry in the law number 1 of 1974 about marriage in article 7 paragraoh (1). Child marriage happened because of some factors which is Internal factors and external factors. These days there are many parties have been marriage under the age limit and it caused by the lack of knowledge and readiness physical or mental in overcoming households problem which then lead to violence or that which disbeut domestic violence. Some particular case verdict number 260/Pid.Sus/2017/PN Jpa, verdict 94 / Pid. Sus / 2015 / PN. Srg, and medical report number R/07/I/2016/SPK/RestaBalam. Those three cases is the under age married couple that eventually use verbal abuse or diss that lead to violence and even death. To overcome the domestic violence, government had form the law number 23 of 2004 concerning the elimination of domestic violence, he act of number 31 of year 2004 on witness protection and the, the law number 39 of 1999 concerning human rights and also institution of witness protection and the to protect the victims of domestic violence especially for women and kids for marriage under age. Even though there are laws that regulate about the protection of victims, however In fact still many of the victims were not figure out how to the protection law , this gave rise to intention for writer to assess deeper on protection laws against the victims of domestic violence especially occurring in marriage under age.
ANALISIS PUTUSAN NOMOR 574K/PID.SUS/2018 MENGENAI PELANGGARAN PASAL 27 AYAT (1) UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Pelemon Siagian; Sugandi Ishak
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.v2i2.6919

Abstract

Baiq Nuril Maknun is accused of violating Article 27 paragraph (1) of Law Number 11 Year 2008 concerning Information and Electronic Transactions (UU ITE). In the Mataram District Court found not proven guilty, the Public Prosecutor filed an appeal with Decision Number 574K / Pid. Sus / 2018 and the Supreme Court (MA) sentenced him guilty to Baiq Nuril Maknun with 6 month prisons sentence and a Rp. 500 million. Baiq Nuril Maknun then submitted a Review (PK) with Decision Number 83PK / Pid.Sus / 2019 and the Supreme Court rejected the PK proposed by Baiq Nuril Maknun. Method research used in writing this thesis is normative legal research. The results showed that Baiq Nuril Maknun submitted an amnesty request to President Joko Widodo and was granted, Baiq Nuril Maknun was free from the snares of the law. Submission of amnesty must be selective and for certain cases that are felt by the general public, the court's decision must be able to reflect justice because it is in accordance with the Judicial Act and the Supreme Court, and judges are required to explore the values of justice in society.
KEKUATAN MENGIKAT PUTUSAN AJUDIKASI BAWASLU DALAM SENGKETA PROSES PEMILU 2019 Ahmad Rizqi Robbani Kaban; Rasji .
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.v1i2.2839

Abstract

The law governing general elections (elections) held every 5 years always changes. The latest is Law No.7 of 2017 (Elections Law) which accommodates 2019 Elections. In the Elections law law, the authority to resolve electoral disputes is regulated as one of the tasks of the Election Supervisory Body (Bawaslu). Bawaslu is given the authority to examine and decide on settlement of disputes through mediation if no agreement is reached then proceed to adjudication. Through this adjudication the problems occur, in the Election Law it is stated that the Bawaslu decision is final and binding. In fact, there is a decision on Bawaslu's adjudication which is not respected by the KPU. In the Election Law, the KPU is required to follow up on the decision no later than 3 (days) since the verdict was read. Instead of following up on the verdict, the KPU instead postponed following up on the verdict. Eventhough, the Election Law does not regulate the KPU's authority to delay, the KPU can only accept or reject it by making legal efforts to the Administrative Courts. So seeing the problem and being regulated by the Election Law, it is clear that the power of the Bawaslu adjudication decision is not final and binding. The Election Law must be corrected by giving firmness to the strength of the Bawaslu adjudication verdict whether it is final and binding or not.
ANALISIS YURIDIS TERHADAP MOGOK KERJA SEBAGAI ALASAN PEMUTUSAN HUBUNGAN KERJA (STUDI KASUS: PUTUSAN NOMOR 67 PK/PDT.SUS-PHI/2018) Naomi Artha Nauli Arman; Andari Yurikosari
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.v2i2.7532

Abstract

A strike is a basic or normative right attached to workers so it needs to be protected. The meaning of strike is regulated in Law Number 13/2003 concerning Manpower Article 1 Paragraph (23), illegal strike is regulated in Decree of the Minister of Manpower and Transmigration Number KEPMEN-232/200. Regarding the Legal Effects of a Strike Invalid. Lately there have been cases of employers terminating employment with workers who are on strike. The main problem here is how the judicial analysis of the judge's decision on termination of employment by reason of a legal strike and how legal protection for workers who are terminated due to strikes at PT. Sanfu Indonesia. Conducting research methods in a normative, prescriptive manner, conducting research using primary and secondary data in the form of interviews and in the form of books or literature. With the conclusion, in accordance with the provisions of Law Number 13/2003 Concerning Labor Strikes conducted by workers is legal because workers have carried out strike procedures that are not in conflict with KEPMEN Number 232/2003 Concerning the Legal Results of Non-Strikes Legitimate. In terms of protection, the worker / laborer has received protection because the worker has obtained his right in the form of severance pay, and also because the worker is carrying out a legal strike, so that it is protected by Law No. 13 of 2003 concerning Labor Article 153.
PERLINDUNGAN TERHADAP KONSUMEN YANG TIDAK MENDAPATKAN SERTIFIKAT HAK MILIK SATUAN RUMAH SUSUN Galih Husain Fauzi; Ermanto Fahamsyah
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.v1i2.2845

Abstract

Indonesia is one of the countries that has large population. Development of public housing is tended in order that every family can occupy a public housing that is proper in healthful, secure, harmonious, and uniformed environment. The proper public house is a house construction that is fulfill safety regulation in its construction, suffice the minimum construction area, and give health for public house occupant. Realize of the statements, is needed for developing a construction public housing that can be occupied together in a public house building,that is devided in some parts separately, on vertical ar horizontal for every occupation. There is a lot of participants that is involved in developing a public house building, that is the developer as a participant for developing a public house building, owner, and the occupant as an organizer. The public house building certificate will be proven with a freehold public house building certificate for every occupant that is already fulfill the regulations as an owner in the public house building. Researcher has taken one of the case studies about the restraining of a freehold of public house building, with purpose of the case study is knowing a consumer protection legally toward the participant developer that is restraing a freehold public house building. Researcher solved this case study using the normative method that is supported an interview with related parties. Based on the research will be knowing that the regulation of a freehold public house building certificate does not applied clearly on the sanction of participant developer that is restraining a freehold public house building certificate on the time that is determined.
ANALISIS EKSISTENSI TANAH AYAHAN DESA ADAT DIBALI DI TINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR-DASAR POKOK AGRARIA (STUDI KASUS: DESA TUSAN, KECAMATAN BANJARANGKAN, KABUPATEN KLUNGKUNG, BALI) Regina Regina; Hanafi Tanawijaya
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.v2i2.6521

Abstract

In Indonesia there are still customary rights, customary rights are the oldest rights of customary law communities whose existence is recognized in Article 3 of Law Number 5/1960 as long as the reality still exists and does not conflict with national interests. one of the objects of customary rights is customary land. The existence of customary community's customary land is spread throughout Indonesia, including Bali. Bali is still very strong in customs and culture so that it has many customary law communities who have customary land in each region in Bali. one of them is AYDS land which is located in the Tusan village area, banjarangkan sub-district, klungkung regency, bali. is land that cannot be bought and cannot be certified because it is land with the community in Tusan Village. but someone named I Ketut Sotong said that he had a certificate of ownership of the land which at the time the land was occupied by Ni Wayan Rosih who was a resident of Tusan village. therefore this research uses a type of normative legal research methods with a legal approach. This research will examine further the existence of customary land namely AYDS in terms of law number 5 of 1960.
VALIDITAS KETERANGAN AHLI DARI PENYIDIK DALAM PEMBUKTIAN KASUS UJARAN KEBENCIAN RAS DI MEDIA SOSIAL (STUDI PUTUSAN: NO.1105/PID.SUS/2017/PN JKT.UTR) Hendra .; 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.v1i1.2170

Abstract

Expert’s Testimony is the information of a person who has special expertise for the purpose of examination in a criminal case and must be given in court. An expert must provide information for justice, as well as possible and according to knowledge in his area of expertise. The expert's testimony from the police is still questionable on the independence and justice of the defendant, the expert must be independent and fair in giving explanation there should be no influence from internal or external parties. There are still many expert testimonies from investigators who are highly doubtful of their independence and deemed inappropriate to be made expertly by academicians, but in the Criminal Procedure Code it is not clear whether the expert's testimony from the investigator is allowed or not. Therefore the author interested in conducting research related to the validity of expert testimony from investigators. The author conducted research with normative legal research methods supported by interviews are expected to help answer the research and the source of interviewed is from the academics and practitioners. In the absence of clear rules, the expert's testimony from the investigator will be the pros and cons but if it refers to the understanding and the main purpose of expert testimony in the Criminal Procedure Code, it is unlikely that the expert's expertise is allowed because it will not be free, independent.
TINJAUAN HUKUM PERJANJIAN YANG TELAH DALUWARSA TERHADAP UTANG-PIUTANG YANG DILAKUKAN DI BAWAH TANGAN BERDASARKAN HUKUM POSITF DI INDONESIA(Contoh Kasus Putusan Pengadilan Negeri Jakarta Pusat Nomor 538/Pdt.G/2014/PN.JKT.PST) Imelda Septy Febrian; 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.v1i2.2878

Abstract

In practice, borrowing money is one of the means to get funds needed by humans. However, with the development of the era of borrowing and borrowing, there must be strong evidence to prove that there has been a loan lending event. in practice the agreement is carried out either in writing or by word of mouth or written under the hand, in accordance with the demand for it must be made in the presence of good faith and legal certainty. In making an agreement usually given a predetermined period of time based on the agreement of the parties. And if the agreement has expired the time period has been set then in the agreement the debt is past its term. But in this case the agreement was expired and the creditor had only collected the debt to the debtor for 34 years. What if the creditor collects the debt that has passed this time and in the Islamic law the debt must be paid even though the person who has the debt has died. The author examines this problem by using normative legal research methods supported by interviews with people who are experts in the field of Islamic law and law. In this agreement, it can cause losses to the creditor. As a result, in Article 1362 of the Civil Code, it is said that if a default occurs, there is a compensation.

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