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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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TANGGUNG JAWAB PENGEMBANG (DEVELOPER) DALAM PENJUALAN SATUAN UNIT APARTEMEN TERKAIT KETIADAAN IZIN MENDIRIKAN BANGUNAN (STUDI KASUS APARTEMEN 45 ANTASARI JAKARTA SELATAN) Riza Mediana Fitri; 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.v2i2.6526

Abstract

In the sale of apartment, developer can carry out marketing before the construction are done or commonly called Pre Project Selling system, the selling and buying must be written in the form of Sales and Purchase Agreement. To do sales by pre project selling, developer must to fulfill administrative requirements, one of which is Building Permits. Moreover, because the selling and buying must be written in the form of Sales and Purchase Agreement, one of requirements to get Sales and Purchase Agreement is to have building permits. In the construction of apartment developers also must have building permits of apartment which is given from regional government. But in reality, there are still project of apartement construction doesn’t have building permits, for example 45 Antasari  Apartment. Building permits are necessary to ensure legal certainty of a building. Therefore, responsibility of developer is necessary if he neglect one’s duties. By analysis the author suggest the responsibilities of developer can be interpreted more, which will be further analysis using the normative legal research by examining primary and secondary legal materials that have been collected and processed for the formulation of research conclusions.
ANALISIS TERHADAP JANGKA WAKTU PERJANJIAN KERJA WAKTU TERTENTU MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS: PUTUSAN PENGADILAN PENYELESAIAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI JAKARTA PUSAT NOMOR 133 /Pdt.Sus-PHI.G/2016/ PN.JKT.PST) Aurelia Giani; 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.v1i1.2182

Abstract

109 people have worked at PT. Cantik Aura. they have worked for 3 (three) to 24 (twenty four) years. but their employment status is still a fix term of labor contract. whereas according to Law Number 13 of 2003 on Manpower it for the sake of law turned into a working agreement  uncertain time. This 109 people filed a lawsuit but the court's decision rejected all claims of these 109 plaintiffs. on the basis of judges' consideration of the types and properties of the work of the plaintiffs is temporary. whereas their working period has passed based on Law Number 13 of 2003 on Manpower. Based on the type and nature of employment for a specified period of employment arranged by Law Number 13 Year 2003 on Manpower, the work done by the workers is not included in Article 59 Paragraph (1) that is, once completed or temporary work, which is expected to be completed within a period of not more than 3 (three) years, seasonal work or work relating to new products, new activities or additional products that are still under trial or exploration. In its legal considerations, the Supreme Court of Justice in the case only considers that the type of work of the workers is temporary and does not take into consideration that the type of work that is said while it is being perpetrated continuously, does not stop and the passage of the term of the particular employment agreement. The law itself imposes restrictions on the term of a specific employment agreement to protect workers from corporate deviations.
PERTANGGUNGJAWABAN PIDANA TERHADAP KECELAKAAN KAPAL AKIBAT TIDAK LAIK LAUT Vicky Hanggara Alexandro; Mety Rahmawati
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.v1i2.2913

Abstract

Sea voyage is an important part for an archipelagic country like Indonesia to fulfill the people needs, either it’s the main needs or supporting needs. The use of ships in Indonesia should be the main attention. Indonesia has regulate Undang-Undang Nomor 17 Tahun 2008 tentang Pelayaran, and many more regulations that regulate all matters relate to water transportation for goods and people. In practice of the law and the regulations that regulate the function and duty for each parties along with their responsibilities, that either directly related or not in the ship’s operation. However, it doesn’t create a secure and controlled conditions with the result that many ships in Indonesia are drowned, burn out, crash that casualties have taken many life as happened to KM Zahro Express, were drowned because the ship was not seaworthy to be operated, nevertheless the captain still sailed the ship, in this case the caption is blamed for, but in terms of seaworthy, not only the caption that is responsible but also the ship owner and the syahbandar take parts of the responsibilities. The questions which arise from this case is that how is the criminal liability of the ship owner towards a ship accident? The method that is being use in this study is normative research method and strengthened with data and interviews. Study data shows that in ship accident not only the caption that is responsible but also the syahbandar and the ship owner have the same responsibilities for the ship accident.
ANALISIS HUKUM TERHADAP PEMBELI CESSIE (CESSIONARIS) ATAS PENGUASAAN OBJEK HAK TANGGUNGAN (CONTOH KASUS: PENETAPAN PENGADILAN NEGERI MEMPAWAH NOMOR 130/PDT.P/2018/PN.MPW) Jessica Priscilla Simanungkalit; Hasni Hasni
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.v2i2.7125

Abstract

Mortgage rights can be said as collateral for land to pay off certain debts. Mortgage can be transferred through cessie. A cessie is a form of transfer of receivables on behalf of a creditor holding a mortgage that relates only to an agreement to hand over something to another party. Cessionary cannot directly have the object of Mortgage because the legal system in Indonesia that recognizes the prohibition of beding. In this case, the cessionary named Niko Septian made a request to the Mempawah District Court to request the name of the certificate so that the object of Dian Romadhon Siagian's debt security belonged to the cessionary. An application submitted by Niko Septian was granted by the District Court. Settlement that can be done so as not to violate the system of prohibition belonging to the beding is able to register the object of collateral receivables to the auction hall.
PERLINDUNGAN KONSUMEN DALAM PENERAPAN BATAS KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN MENYELESAIKAN PERKARA KONSUMEN (Studi Putusan No 481 K/Pdt.Sus-BPSK/2015) Takenia Tifany; Anna Maria Tri Anggraini
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.v1i1.2187

Abstract

Consumer Protection Law regulates the legal protection of consumer and including Consumer Dispute Completion Firm who autorhized to resolve consumer disputes who feel harmed over the acts of business from people that sometimes arbitrary, but decisions taken by Consumer Dispute Completion Firm often incriminate business actors, and usually seem to exceed the limit of their authority even wrong in applying the law. Consumer Dispute Completion Firm’s authority to adjudicate and decide a dispute is induced by Supreme Court’s decision which makes Consumer Dispute Completion Firm’s authority to limited. Therefore, the writer proposed an issue about how are the limits of Consumer Dispute Completion Firm’s authority in adjudicate and decide a consumer disputes? And how are the implementation and Supreme Court’s views regarding the limitation of Consumer Dispute Completion Firm’s authority? The writer examines the problem using normative legal research methods that use secondary data. From the results of the research, it can be concluded that the limits of Consumer Dispute Completion Firm authority in solving consumer disputes are limited to the agreement between both parties. In sense the Supreme Court believes that all transactions based on an agreement become the jurisdiction of the court
KEWENANGAN HAKIM TERHADAP ADANYA KETENTUAN PIDANA MINIMAL TERKAIT TINDAK PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANGGOTA TNI (ANALISIS PUTUSAN NOMOR 108-K/PM.II-09/AD/IV/2015) Rizky Meidiawan; Sugandi Ishak
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.v2i1.5269

Abstract

One of the duties of the judge was to settle the case to sentence the perpetrators of the crime by saying that the defendant was acquitted or convicted based on at least 2 evidence and the judge based on the evidence was convinced that the error violated the article charged. The judge has the freedom to impose a sentence against the defendant who is not only fundamental to the provisions of the Law but also the judge can explore the values of law and justice in society. In the current practice, many judges have ruled below the minimum criminal provisions contained in an article as in the case of narcotics in this study. This cannot be blamed because the judge has the authority and freedom to make a decision, but this will certainly make legal certainty impossible. Legal problems in this research are how the authority of judges against the existence of a minimum punishment provision in narcotics crime and what constitutes the objective is stipulated by minimum punishment provisions. The research method taken is a normative juridical method, research data obtained through literature study and retrieval of decision files as a supplement. the results of the study show that judges may just make a decision under the minimum criminal provisions because the judge not only has to pay attention to legal certainty but also the purpose of other laws is to provide justice.
PENERAPAN PEMBUKTIAN SEDERHANA DALAM KEPAILITAN MENURUT UNDANG-UNDANG NO 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (STUDI KASUS: PUTUSAN NOMOR: 04/PDT.SUS.PAILIT/2015/PN.NIAGA.JKT.PST)” Rafael Angelo Dias; Suyud Margono
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.v1i2.2928

Abstract

In submitting a bankruptcy application, the applicant must submit evidence to prove the existence of a debt. The specialty of proof in the law of bitterness is the existence of simple proof, according to the juridical requirements as referred to in Article 8 paragraph (4) according to the juridical requirements as referred to in article 2 paragraph (1) of the bankruptcy law. This simple proof can also cause problems. One concrete form of the problem that arises in this simple verification in practice is the decision of the Commercial Court at the Central Jakarta District Court with the decision number: 04 / Pdt-Sus.Pailit / 2015 / PN.Niaga / JKT.PST between the Service Authority Commissioner Board and PT Asuransi Jiwa Bumi Asih Jaya. The problem is how to apply simple evidence in the case. This writing uses normative legal research methods which are based on primary data and secondary data which are analyzed descriptively with conceptual and legislative approaches. Based on the analysis according to Article 8 paragraph (4) in conjunction with Article 2 paragraph (1) UUKPKPU, it can be stated that the debt of PT Asuransi Jiwa Bumi Asih Jaya has been proven in a simple manner, but the Judges in the decision rejected the application on the grounds that the debt proof was not simple. 8 paragraph (4) UUKPKPU.
TANGGUNG JAWAB NOTARIS ATAS AKTA AUTENTIK YANG DIBUATNYA DENGAN SURAT KUASA YANG CACAT HUKUM SERTA TIDAK DIBACAKANNYA AKTA TERSEBUT (STUDI KASUS PUTUSAN NOMOR 25/PDT.G/2017/PN.CBI) Eric Sandro; Tjempaka Tjempaka
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.v2i2.6536

Abstract

At this time the need for Notary services is increasing, especially related to legal actions that are Private Law. Legal actions carried out by the parties concerned are usually set forth in an agreement made by the parties themselves and to be more binding on these legal actions the parties usually make an agreement in an authentic deed made by the competent official, the Notary. In exercising his office, a Notary shall also have the obligation to act in a trustworthy, honest, fair, independent, non-partisan manner and to safeguard the interests of the parties involved in a legal action. A Notary when carrying out his position is obligated to make certain that what is written in a notary deed is understood by the parties and the notary deed is written accordance to the parties’s desire. A Notary must always be responsible for any mistakes that was made by the Notary especially if the mistakes caused a material loss to its clients.
PENGUSIRAN MASSAL PENGUNGSI AFRIKA UTARA DARI JERMAN DAN PERMASALAHANNYA Gibson Radityo; Ida Kurnia
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.v1i1.2200

Abstract

United Nation High Commissioner of Refugee (UNHCR)  is an internasional organization made under United Nations (UN) specifically for asylum seeker and refugee issues. As an international organization, UNHCR have a legal personality which is give them power to do such a legal action, yet from that power make UNHCR also gets its rights and respondsibility. According to UNHCR statute, Vienna Convention 1951 and Protocol 1967, one of UNHCR respondsibility is to protect and keep the refugee safe and make sure the third parties nation do all the responsibility to keep and protect the refugee. But how, if there is an issue that a nation break the international convention for refugee by force the refugee back to their home, yet the refugees already proved to do crimes againts the third parties nation policy? yet if the refugees forced  back to their origin couuntry, they will be threathened, so how suppose the UNHCR as an international organization for refugee do according to the UNHCR statute and Convention of refugees?in that case it will give a responsibility for UNHCR to solve the issue for the refugee. As the case above, the author have an insterest to summarizes the issue as my thesis.
PERLINDUNGAN HUKUM BAGI TENAGA KERJA ASING TERHADAP PELANGGARAN PERJANJIAN KERJA WAKTU TERTENTU (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR: 274/PDT.SUS-PHI/2015.PN.JKT.PST JO PUTUSAN MAHKAMAH AGUNG NOMOR: 697 K/PDT.SUS-PHI/2016) Cecilia Puspa Halim; 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.v1i1.2207

Abstract

Law Number 13 of 2013 on Manpower has clearly regulate about work relationship between a foreign labor and Employers of Foreign Labor is only for fixed time employment relations which is based on a Fixed Term of Labor Contract. Article 57 of the Manpower Law stated that a Fixed Term of Labor Contract must be made in writing and must be written in the Indonesian language with Latin alphabets, if not, the agreement shall be reg  arde d as a Working Agreement Uncertain Time. A Fixed Term of Labor Contract shall be made based on specified time stated in the work agreement. The author was purposed to find out about how violation of Fixed Term of Labor Contract for Foreign Labor according to Manpower Law, case example: verdict of settlement of industrial relation court number 274/Pdt.Sus-PHI/2015.PN.JKT.PST Juncto Verdict of supreme court number 697K/Pdt.Sus-PHI/2016 and about legal protection of Foreign Labor who do not have the Fixed Term of Labor Contract in accordance with the Law Number 13 of 2003 on Manpower. The author research this problem using nomative researching method supported by interview data of experts. The author analysis that violations of Fixed Term of Labor Contract done by PT Wira Pamungkas Pariwara againts Lau Chak Loong are the Fixed Term of Labor Contract was made and sign in foreign language and didn't contain fixed time agreement caused ambiguous foreign labor status to claim his rights.

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