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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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PELAKSANAAN PERJANJIAN HUTANG PIUTANG ATAS DASAR KEPERCAYAAN (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR:2683 K/Pdt./2016) Sherry Renata; Hanafi Tanawijaya
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.v2i1.5275

Abstract

The agreement as described in Article 1313 KUHPer is, an act of mutual adherence to one or more persons. The most common agreement in society is one of the accounts payable receivables. Receivable debt agreements orally are made solely by the words of the parties. The purpose of this writing is to find out how the settlement of the implementation of the loan receivables agreement contains elements of default. This research is a normative legal research. Type of data used is secondary data in the form of primary legal materials, secondary law materials, and non-law material. Technique of collecting data used is study of literature, instrument of research instrument is the decision of Supreme Court of Republic of Indonesia No: 2683 K / Pdt.2016. The verdict on the case of default, ie between Soekotjo as Plaintiff and Melyani as Defendant. Claimed suicide on the ground has made a default on the verbal debt receivable agreement. Melyani denied the amount of the loan sued by Soekotjo because it was considered inappropriate. However, the judge decides that Melyani performs torture. Oral agreements have the power of law, as long as they are proved to have been made by the parties and have been in compliance with the legitimate terms of the agreement set forth in Article 1320 of the Civil Code.
PERTANGGUNGJAWABAN KETERLAMBATAN PENERBANGAN AKIBAT PENGGANTIAN JENIS PESAWAT UDARA YANG DILAKUKAN OLEH PENGANGKUT (CONTOH KASUS: TIDAK TERANGKUTNYA PENUMPANG PADA PENERBANGAN LION AIR JT-1341 TAHUN 2018) Fakhri Nur Akmal; H. K. Martono
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.v2i1.5250

Abstract

Indonesia is an archipelagic country that can be divided into land, water and airspace. For the sake of realizing a national insight, it requires a transportation system. Transportation can be divided into land, sea and air transportation. Air transportation is a very efficient transportation for humans because it has comfort and can save time.Air transportation growth in Indonesia are rising highly time by time, law must provide the rule of operation of air transport. Passenger have right to get to destination that ruled on air ticket. Beside of the destination, passenger must get delivered by the time that written on ticket. Airline must provide aircraft that could carry all passenger that have the ticket, but in practice, some passenger cant be carried by airline because there was changes of the type of aircraft that carry less passenger than planned. Passenger must get compensation from the loss. Airline shall responsible from causing the trouble. There were some responsibility system in Indonesia law, but for the case of the above, the responsibility system that should airline take is unclear. This journal will discuss about the responsibility system that can be used for the case and how law govern to clear the problem.
ANALISIS PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PERKOSAAN INSES YANG MELAKUKAN ABORSI PADA TINGKAT PEMERIKSAAN PENGADILAN (STUDI KASUS PUTUSAN NOMOR 5/PID.SUS.ANAK/2018/PN.MBN.) Febefitriany Kusnadi; Hery Firmansyah
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.v2i2.6559

Abstract

Law Number 36 Year 2009 regarding Health still gives room for abortion for a certain reason, namely by reason of medical indications, but medical indications in the law only state the limits, where incest rapes can be used as medical indications for having an abortion so that the crime is abolished. The problem faced is whether there is a violation of procedural law at the examination at the Muara Bulian District Court, related to decision  of  number .5/Pid.Sus.Anak/2018/PN.Mbn and how the legal protection of women victims of incest rape who have an abortion at the court examination level (Study of Case of Decision Number 5/Pid.Sus.Anak/2018/PN.Mbn). Method of research used in writing this thesis is normative legal research. The results showed that violations of the WA during the examination period at Muara Bulian District Court, Jambi were the detention of children who were raped, where the Defendant was still a child category and during the trial process was detained, the child victims of rape clearly needed protection from the trauma of rape experienced. the need for psychosocial assistance from the time of treatment to recovery; and the provision of protection and assistance at every level of the examination starting from the investigation, prosecution, until the examination in the court hearing.
TANGGUNG JAWAB SECARA PERDATA ATAS SERTIPIKAT TANAH YANG DISIMPAN OLEH NOTARIS/PPAT (STUDI PUTUSAN PENGADILAN NEGERI JAKARTA BARAT NOMOR: 466/PDT.G/2017/PN.JKT.BRT) Kellie Angiarti; Endang Pandamdari
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.v2i2.6576

Abstract

Making an authentic deed is very necessary especially in the transfer of land rights. For the sake of achieving legal certainty for the community, an authorized official is required to make all authentic deeds related to the process of transfer of rights due to the sale and purchase of land, namely the Land Deed Making Official (PPAT). in practice, PPAT also serves as a notary public. The position of a PPAT as a functionary in the community is very important, because the PPAT Deed (authentic deed) as a document regarding the sale and purchase of land is proof of sale and purchase that needs to be registered at the Land Office for the issuance of the Land Rights Certificate. Notary / PPAT must work responsibly, independently, honestly, and protect the interests of related parties in legal actions. This shows that Notary / PPAT is a profession that is required in fulfilling moral values and its development. But in reality, not all Notaries / PPAT carry out their obligations properly, for example, can be seen in the Decision of the West Jakarta District Court Number: 466 / Pdt.G / 2017 / PN.Jkt.Brt where the event of the loss of Land Rights Certificate which is kept by the Notary Public in his position as the Land Deed.
PERTANGGUNGJAWABAN PIDANA PEKERJA SEKS KOMERSIAL BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (STUDI KASUS: 516/PID.SUS/2017/PN.SMN Donny David; 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.v1i1.2219

Abstract

The criminal liability issue of commercial sex workers is a hot issue among lawyers in Indonesia. Responsibility for criminal pimps has been positively regulated in legislation, but for commercial sex workers it certainly has not been explicit. That is the reason why this research is raised. The problem of this research is how criminal responsibility of commercial sex worker in prostitution crime through online media pursuant to Law Number 19 Year 2016 about amendment of Law Number 11 Year 2008 About Information and Electronic Transaction (Case Study: 516 / Pid. Sus / 2017 / PN Smn This research will be carried out using huku normati research method with case and law approach.The result of this research is that in Indonesia, criminal liability to commercial sex workers is not explicitly regulated, but implicitly regulated The legal umbrella that can be used to hold criminal liability for commercial sex workers is the Law on EIT, where if the commercial sex worker uses online media to prostitute herself, she may be held criminally liable.
Penyelesaian atas Sertipikat Tanah Ganda Menurut Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah (Studi Putusan: Putusan Mahkamah Agung Nomor 1537 K/PDT/2018) Vanesia Hendrika Elvina; Hasni Hasni
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.v2i1.5280

Abstract

The purpose of implementing land registration is to provide legal certainty and legal protection. The Agrarian Law that is used in Indonesia adheres to a negative system that is tied to a positive system. The land registration activity for the first time produced proof of rights, in the form of certificates as a means of proof of land rights. Certificate as a strong proof of rights means that physical data and juridical data in a certificate have the strength of evidence and must be accepted as true information, as long as it is not proven otherwise with other evidence in the form of certificates or other certificates. In Subari’s case, there was a double land certificate in the same plot of land. Subari has the ownership of land rights that is got from his parents and from purchasing with two buffaloes. But, there are other people who dominate the land that is belong to Subari and they also have the certificate to proof their ownership of the land rights. Settlement of multiple land certificates can be done through the Court, to obtain legal certainty that the certificate of ownership of land rights which has stronger evidence is based on evidence. The district court ruled that ownership of land rights belonged to Subari, and this decision was reinforced by high court and a Supreme Court.[F1]  [F1]Paragarf single
Asas Itikad Baik Sebagai Upaya Perlindungan Hukum terhadap Pelaku Usaha Dalam Pembiayaan Konsumen (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 1041 K/Pdt.Sus-BPSK/2017) Arfi Azhari; 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.v2i1.5245

Abstract

Consumer Finance is a financing activity for the procurement of goods based on consumer needs with payment in installments. In consumer financing, the parties must have good intentions for the smooth running of the agreement, but in practice the principle of good faith is often violated by the parties such as in the Decision of the Supreme Court of the Republic of Indonesia No. 1041 / K-Pdt.Sus-BPSK/2017 decides to grant a request from Martha Sitorus (consumer) with consideration of Article 2 of the UUPK and the principle of good faith, which in this case with the existence of the decision clearly has harmed PT. Toyota Astra Financial Service Medan (business actor) for consumer financing agreements. The problem studied is how the legal protection of business actors carried out by consumers in consumer financing and how the RI Decision No. 1041 / K-Pdt.Sus-BPSK/2017 towards legal protection of business actors carried out by consumers in consumer financing. The research method used is a normative method supported by interview data. The results of the writing illustrate that the business actor does not receive legal protection as stipulated in Article 6 letter (b) UUPK and in the Decision of the Supreme Court of the Republic of Indonesia No. 1041 / K-Pdt.Sus-BPSK/2017 The Panel of Judges is not right in making decisions.
Tanggungjawab Notaris/PPAT Dalam Pembuatan Akta Jual Beli Tanah Yang Tidak Memenuhi Asas Terang dan Tunai Dalam Kasus Putusan Majelis Pengawas Pusat Notaris Nomor: 04/B/MPPN/VIII/2016 Charles Delon Tunas; Endang Pandamdari
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.v2i2.6593

Abstract

Notary / PPAT is an official authorized to make a deed that is often sued for violations such as deeds drawn up and read in front of the buyer not in accordance with the agreement, but the Notary / PPAT continues the buying and selling process. If related to the case in this case, EJ makes AJB in his position as PPAT not as a Notary. The notary is personally responsible for carrying out his duties and positions in each deed making. Based on consideration of the decision of the Notary Central Board of Trustees, that EJ has acted inaccurately and does not safeguard the interests of parties related to legal actions so that EJ is considered to have violated Article 16 Paragraph (1) of the Law and the Article 54 paragraph (1) of the Act because the EJ does not keep a copy deed requested by the seller. MPPN's decision was in accordance with the provisions of UUJN, but the sanctions given by EJ were considered too light so that they did not have a deterrent effect. When acting as a PPAT, based on the provisions of Article 55 of Law No. 1/2006 jo PP No.24 / 2016, PPAT is personally responsible for the implementation of the duties and positions in each deed making. The PPAT is faced with 4 (four) responsibilities, namely in terms of professional, administrative, civil and criminal ethics
TANGGUNG JAWAB PEMILIK KAPAL DALAM PERJANJIAN CARTER KAPAL BERDASARKAN WAKTU DI PT BUANA JAYA PRATAMA (STUDI KASUS PUTUSAN PENGADILAN TINGGI NOMOR: 745/PDT/2016/PT.DKI.) Kenny Jusup; Hanafi Tanawijaya
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.v1i1.2233

Abstract

Any activity undertaken by a person in order to fulfill his or her life needs will surely relate and use the treaty law. However, both in the manufacture and implementation of the agreement, did not rule out other human possibilities. therefore, a legal norm is required so that in the process of interpersonal life there is peace and order. The interesting problem to be raised in this thesis is about the misconduct done by PT Haluan Segara Line to PT Buana Jaya pratama. In such cases, there is a contractual relationship between PT Buana Jaya Pratama and PT Haluan Segara Line during the charter lease charter agreement there is a rule to comply with all rules contained in the agreement. So that where the time of the agreement has expired, PT Haluan Segara Line does not want to pay the vessel on the ground that PT Haluan Segara Line does not make an agreement on the lease of the vessel, there was an act of default.
PERLINDUNGAN HUKUM BAGI KREDITUR PEMEGANG HAK TANGGUNGAN TERHADAP SENGKETA AGUNAN YANG MENGAKIBATKAN BATALNYA PERJANJIAN KREDIT Fransisca Kusuma Aryani; 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.v1i1.2135

Abstract

The process of granting credit with the guarantee of Mortgage Rights experienced many obstacles, one of which is the cancellation of credit agreement due to a lawsuit from a third party. Examples of problems that will researchers take is a case between PT PNM as creditor and Erlinawati as a debtor. Erlinawati applied for credit to PT PNM and pledged SHM No. 1716 without her husband's agreement, Bagus Satriya. As time went by, Erlinawati could not fulfill its obligations as stipulated in the credit agreement, and then PT PNM sent a warning letter to Erlinawati. Good people who know the land and buildings of his property are used as a direct guarantee to file a lawsuit to the Blora District Court. The Blora District Court ruled that credit agreements and Deed of Mortgage Rights (APHT) are invalid and null and void. So far the legal protection for debtors who have sued from the other party on the guarantee given by the creditor has not been regulated specially in the legislation. The law only regulates bad debts and debt repayment through the execution process stipulated in the Law on Banking and Insurance Rights Act. Legal protection that creditor can use when obtaining a lawsuit from a third party is by using the general guarantees provided for in Articles 1131 and 1132 of the Civil Code.

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