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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 HUKUM TERHADAP PEMBERI INFORMASI PALSU YANG MENGANCAM KESELAMTAN PENERBANGAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2009 Lailatul Uzni; Amad Sudiro
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.v2i1.5261

Abstract

Air transportation is something that is currently very loved by almost every society, this is because air transportation has a fast, up-to-date and efficient mobilization, but transportation with this airplane mode if it is not accompanied by qualified safety rules will have a negative impact on every individual who uses it. hence from that society and government must be more wise in enforcing existing legal rules for the sake of creating security and safety in the flight itself, because flight is one of the safest transportation according to existing data, therefore in order to maintain the good name of air transportation, especially aviation, there is a need for compliance with any existing regulations that have been determined by the government, cannot be arbitrary. in flight it upholds the meaning of safety and security for every passenger and cabin crew, because it is the priority of every airline safety is the dead price for each mode of transportation. so that air transport modes, especially airlines, are getting better, then we need to work from ourselves in safeguarding every word and behavior that can endanger the safety and security of aviation.
PERLINDUNGAN HUKUM PETANI SEBAGAI KONSUMEN DALAM PERDAGANGAN DAN PEREDARAN PUPUK DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (Studi Putusan Nomor 2640K/Pid.Sus/2016) Chindy Yapin; Ermanto Fahamsyah
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.v2i2.6657

Abstract

Fertilizer as a common trading product due to functionality in agricultural sector such as Mushan Munandar’s case where selling and distributing underated fertilizer. The research method that writer using is normative legal research. The purpose of this research is to understand legal protection toward farmers as the user of fertilizer and Judge’s decision on selling and distributing underated fertilizer case refer to Court Decision Number 2640K/Pid.Sus/2016. The result of this research are one, legal protection toward farmers has been implemented practically. By drafting regulation and policy which protect farmers. However, the implementation was ineffective. There were loopholes that have been used by individuals for the sake of their own purposes. Second, Judge’s decision on the case which writer brought up about violation of the consumers did not only refer to current regulation and policy. There were other considerations such as humanity and psychology wellbeing of the suspect become factors that influenced the weight of punishment.
ANALISIS MENGENAI PERTANGGUNGJAWABAN PENGEMBANG RUMAH SUSUN TERKAIT KETIADAAN SERTIFIKAT LAIK FUNGSI MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2011 TENTANG RUMAH SUSUN JUNTO UNDANG-UNDANG NOMOR 28 TAHUN 2002 TENTANG BANGUNAN GEDUNG (STUDI KASUS APARTEMEN PARAMA CILANDAK JAKARTA SELATAN) Octavianna Evangelista; 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.v1i1.2267

Abstract

Building Worthiness Certificate is the certificate given by the Regional Government to those buildings that are completely built and already fulfilled all the requirements such as Technical and Administrative Requirements. Building Worthiness Certificate is the evidence to prove that the building is worth on the function. Building Worthiness Certificate is the government's effort to put the safety aspects on the first priority.Based on the Law of the Republic of Indonesia Number 28 of 2002 concerning Buildings, it says the Building Worthiness Certificate must be owned by the developers, with no exceptions to an apartment as it is stated in the Law of The Republic of Indonesia Number 20 of 2011 concerning apartments.Building Worthiness Certificate will be published if all the parameters of the worthiness has been satisfied such as safety, health, comfort and convenience aspects.In fact, the act of the developer has violated the laws. As a result of that, the building of the apartment was on fire. The purpose of this study is to determine the responsibility of the developer as it is the consequence of violating the laws.
PERLINDUNGAN KONSUMEN TERHADAP PEREDARAN, PENGGUNAAN, DAN PENGGUNAAN E-LIQUID DI DALAM ROKOK ELEKTRIK Annisa Tanzil K; Ermanto Fahamsyah
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.v1i1.2140

Abstract

Smoking is one activity that is still done by individuals in all ages, from teenegers to adulthood. Many ways that can be done in the effort to stop smoking, such as commited, seplacing cigarettes by consuming candy, divert cigarettes with activity, but now smokers try to quit smoking by using electric cigarettes. Which electric cigarette is one alternative that can be done as a substitute for conventional cigarettes. Electric cigarette is a set of tools that function to convert the chemicals intp steam form, and electric cigarette consists of three(3) parts, Battery(the part contains the battery), atomizer(the part that will heat and vaporize the nicotine solution), and  catridge( the part contains a nicotine solution). Electric cigarette doesn’t contain tobacco but using a liquid compound which concists of a mixture of water, nicotine, propylene glycol and flavors. According Badan Pengawasan Obat dan Makanan(BPOM) electric cigarette containing liquid nicotine, propylene glycol, diethyl glycol, and glycerin. If all of the materials is heated it wil produce nitrosamine compounds. And that compounds can cause cancer.Therefoe consumer protection must be strcly enforced.
PERLINDUNGAN HUKUM HAK MILIK ATAS TANAH DALAM HAL TERJADI GUGATAN OLEH PIHAK LAIN (STUDI PUTUSAN MAHKAMAH AGUNG NO. 1820 K/PDT/2017) Novia Gunawan; 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.v2i1.5265

Abstract

Land is the surface of the earth that has various kinds of rights, one of which is land ownership rights. Land rights are rights granted by the State so that they can be granted by Indonesian citizens by way of land registration. Land registration is carried out to provide legal certainty and protection for every landowner. Although a land registration application has been made, when the petition is still submitted to a land dispute, such as an overlapping certificate, or a counterfeit certificate. Supreme Court Decision No. 1820 K / Pdt / 2017, namely the issuance of two certificates of ownership on the same land. By looking at the buying and selling procedures carried out by the parties to the Decision of the Supreme Court No. 1820 / K / Pdt / 2017, the sale and purchase has been validly carried out between the parties, then guarantees the law for Yuni and others who make the same policy only by submitting a claim to the district court where the land is located, and also as the land owner from payment of land proposal before buying and transferring land disputes by checking land certificates to the National Land Agency.
ANALISIS PENERAPAN PENJATUHAN SANKSI TINDAKAN KEBIRI KIMIA TERHADAP PELAKU KEJAHATAN SEKSUAL ANAK DITINJAU DARI SUDUT HAK ASASI MANUSIA PELAKU DAN KORBAN Kevin Setiawan; Aji Wibowo
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.v2i1.5260

Abstract

Sexual crime is happening in various countries, especially in Indonesia. In general, sexual crimes, especially against children, are a concern by the government because when a child becomes a victim of sexual crimes it can cause life-long trauma and at worst, death. Therefore, the preventive ways has been arranged by the Governement in Law of Republic Indonesia Number 17 of 2016 concerning Determination of Substitute Government Regulations in Law of Republic Indonesia Number 1 of 2016 concerning the second amandement of Law number 23 of 2002 Regarding Child Protection where there are sanctions for chemical castration against perpetrators who commit sexual crimes against children, in order to provide a punishment that can make a deterrent effect on someone who commits sexual crimes against children. However, in the determination of sanctions for the act of chemical castration, the community and various parties have contradictions where it must be seen in terms of the human rights of the perpetrator and the effectiveness of the sanctions.
Etika dan Peran Notaris Dalam Mengeluarkan Akta Waris (Contoh Kasus Notaris A Pada Tahun 2018) Albeth Albeth; 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.v2i2.6696

Abstract

Ethics is a collection of principles or values relating to norms that live in society that are generally recognized as a moral method as guidelines in behavior. in carrying out their duties, the notary must rely on professional ethics that have been recorded or regulations that have been written and are binding and must be obeyed by all members of the professional group to be obeyed and may be subject to sanctions for those who violate these provisions. In notarial practice in Indonesia, many notary people violate the ethics of the notary profession itself, the last few years many violations committed by notaries, this can be seen from several problems regarding the making of the deed. then the notary is responsible for the changes made by him, responsibility is a result of the consequences of a person's freedom of conduct related to ethics or morals in carrying out an act. how the responsibility of a Notary Public in Making a Deed of Inheritance (Example of a notary case A in 2018) is a matter that is discussed. Descriptive research methods, using secondary data and primary data as supporting data, were analyzed qualitatively. The results of the study illustrate that the Notary does not follow the professional ethics of a notary that has been regulated by the Indonesian Notary Association (INI). 
BAGAIMANAKAH PERAN SERIKAT PEKERJA DALAM PENENTUAN UPAH SETELAH BERLAKUNYA PERATURAN PEMERINTAH NO. 78 TAHUN 2015 TENTANG PENGUPAHAN Wawan .; 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.v1i1.2275

Abstract

Law no. 13 of 2003 on Manpower clearly regulates the determination of district minimum wage set by the Governor by taking into account the recommendations of the Wage Council, the Wage Council conducts a market survey to establish the standard of living needs of a person. The Manpower Act states that in the process of establishing a minimum wage the need for negotiations between the wage council, trade unions and employers' organizations. While the Governor looks for the middle line to set the minimum wage. After the issuance of Government Regulation no. 78 Year 2015 on Wages, minimum wage determination is no longer through negotiation, but through minimum wage calculation formula that is with the minimum wage of the current year, inflation and gross domestic income. The author intends to find out about the role of unions after the issuance of Government Regulation no. 78 of 2015 on remuneration, and determination of minimum wage. The author examines this issue using nomative research methods supported by expert interview data. The author analyzes that after the issuance of the Government Regulation on Remuneration of unions has ceased to function in the protection of workers' welfare.
ANALISIS PENERAPAN WILAYAH KERJA PPAT BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 TENTANG PERUBAHAN ATAS PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 DI PROVINSI DKI JAKARTA Ivandi Setiawan; Rasji .
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.v1i1.2145

Abstract

PPAT is a public official authorized to make authentic deeds concerning certain legal acts concerning the right to land or the Property Right of the Flats Unit. Government Regulation No. 24 of 2016 is the latest regulation made by the government to regulate provisions on PPAT. in Government Regulation No. 24 of 2016 in Article 12 paragraph one explained that the scope of work area of PPAT is expanded into one province where in the previous regulation that is government regulation number 37 year 1998 explained that the scope of work of PPAT is only limited to district only. but the fact is now the government regulation number 24 of 2016 has not been applied efficiently, especially in terms of the scope of work of PPAT, it happens because of several factors that hamper causing the loss of effectiveness in Article 12 Paragraph one of Government Regulation No. 24 of 2016 . it is of course also contrary to the legal certainty that the public should have legal certainty with the enactment of the government regulation number 24 of 2016 by the government then the regulation should be applicable in the scope of the working area of PPAT should be applicable in practice in the community. contrary to lex posterior derogate legi priori principle which explains that in the same rules the new rules can replace the old rules. the approach used in this study using the approach of law.
PERLINDUNGAN HUKUM TERHADAP PEKERJA ATAS HAK UPAH MINIMUM YANG BELUM SEPENUHNYA DIBAYAR (STUDI TERHADAP PUTUSAN NOMOR 58/K/PDT.SUS-PHI/2015) Safira Khairani; 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.v1i1.2150

Abstract

Work and fair and proper remuniration are human rights of every person as stipulated on Article 28 D (2) The 1945 Constitution of The Republic Indonesia. Indonesia Law Number 13 Of 2003 regulates the rights and duties among entrepeneur and workers. Wage shall be received by worker/labourer as remuniration from entrepeneur. Labour Law provides the protection to wage as worker/labour’s right, stipulating that Government establishes a wage policy that protects the rights of worker/labourer such as Minimum Wage in order to fulfill every worker/labourer’s right to earn an income that meets livelihood that is decent for human. Labour Law also stipulates the wage will not be paid if worker/labourer do not perform work unless the worker/labourer has the will to do the job as promised but the entrepeneur does not employ them. The main issue in this research is the workers/labourers of PT. Srirejeki Perdana Steel claimed that they did not received full wage on November 2013 causing the amount of some of their wages lower than the amount of Minimum Wage set under valid statutory legislation. PT. Srirejeki Perdana Steel, postulated the reduction of the wage happened due to an illegal strike performed by the workers/labourers. The verdict on Industrial Relation Dispute Settlement of Bandung District Court and Indonesia Supreme Court did not grant the workers/labourers demand to get the fulfillment of their reducted wage. This research aims to acknowledge whether the protection towards workers/labors’s wage as verdicted by court followed the ruling as stipulated in Labourer Law.

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