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Ahmad Redi
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Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477
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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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FAKTOR-FAKTOR PENYEBAB TERJADINYA PENELANTARAN TERHADAP ORANG TUA YANG DILAKUKAN OLEH ANAK DALAM KAJIAN PASAL 5 UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (STUDI KASUS PENGHUNI PANTI SOSIAL TRESNA WERDHA BUDI MULIA 2 JELAMBAR TAHUN 2018-2019) Alan David Arif; Mety Rachmawati
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.v2i1.5239

Abstract

Many problems occur regarding the negative of parents by their children, intentionally or unintentionally, due to certain factors. Children should look after their parents by sending them to nursing homes, so that they can spend more time with their children. This obligation regulated in the Article 5 of Act/Law No. 23 of 2004 concerning the Elimination of Domestic Violence, thus it is not carried out in the applicable law by the community. The government currently only provides protection for the victims, but does not take action against the perpetrators of neglect. Most people are not aware of the government regulation about neglect of family members, the community also does not provide reports to the authorities in the event of neglect, that leads perpetrators keep increasing every year and not deter for doing it. The author, about this issue using empirical normative research. The object of research is Social Institution Tresna Werdha Budi Mulia 2 Jelambar in the year 2018-2019.
PERLINDUNGAN HAK KONSUMEN MENGENAI PEMBERLAKUAN TARIF BATAS ATAS DAN BATAS BAWAH JASA ANGKUTAN UDARA BERDASARKAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN NOMOR 8 TAHUN 1999 (DALAM KASUS PENYEDIA LAYANAN LOW COST CARRIER (LCC) MASKAPAI LION AIR) Nava Aprilda Wati; A.M. Tri Anggraini
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.v2i2.6701

Abstract

In early 2019 there was a very high increase in ticket prices. Ticket prices for domestic routes in Indonesia have not gone down, which is a complaint of consumers and make complaints to government agencies such as BPKN and YLKI. However, this has become the spotlight of the Minister of Transportation, raising the lower limit tariff, but this is actually considered ineffective because it can only protect airlines. This is considered to have violated consumer rights as stipulated in the UUPK. The issue of how the regulations and government policies in terms of tariff determination from the perspective of consumer protection and how the protection of consumer rights regarding the imposition of upper and lower limits of air transport services based on Law No. 8 of 1999. The author conducts research in this issue using normative methods supported by expert interview data. The author analyzes that this problem violates the consumer rights of Article 4 regulated by UUPK and analyzes from the Minister of Transportation Regulation PM 20 of 2019 concerning Procedures and Formulation of Calculation of Tariff Limit for Passengers in Economy Class Services for Scheduled Domestic Commercial Air Transport and Minister of Transportation Decree KM 106 of 2019 concerning the Tariff Limit on Passengers of Economy Class Scheduled Domestic Commercial Air Transport Services. The suggestion that can be given by the writer is that the ministry of transportation should oversee airlines in determining tariffs and services to remain balanced and not to the detriment of consumers.
AKIBAT HUKUM PENOLAKAN PERMOHONAN ITSBAT NIKAH OLEH PENGADILAN AGAMA TERHADAP PARA PIHAK YANG MELAKUKAN NIKAH SIRI (STUDI KASUS PUTUSAN NOMOR: 1478/Pdt.G/2016/PAJT) Hafidz Nugroho; Imelda Martinelli
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.v1i2.2737

Abstract

Siri marriage is marriage opposed to the act of mating because it is not registered, usually siri marriage used by the husband to have more than one wife, basically nikah siri do not have the force of law and not guarantee the rights of a wife and child,  for that entreaty itsbat marriage to the religious court to help the parties husband and wife to get marriage certificate, so that it will have the force of law and guarantee the rights of a wife and chil, but the submission of itsbat nikah rejected by religious court by reason of the husband did not ask for permission wife in the past and the court, how did due to the law of renuncation itsbat nikah ?  the author examines these issues with normative juridical analysis. The data were drawn in the ruling writer analyzes that it is has no permit wife in the past and also the court, Resulting in refusal entreaty the itsbat marriage, Its impact is against marital status to be illegitimate in the state,  and the status of a child to be children outside of mating. The government should supervise and socialize about the  siri marriage and Due to everything that can be inflicted
PELAKSANAAN UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL TERHADAP PENDAFTARAN SERTIFIKAT HALAL PADA PRODUK MAKANAN Melissa Aulia Hosanna; Susanti Adi Nugroho
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.v1i1.2155

Abstract

Food is one of the most necessary needs of humans to survive so that everyone is expected to pay more attention to the food products that will be consumed.Indonesia is a country with a predominantly Muslim population. In the teachings of Islam there are orders to consume halal food and prohibition to consume illegitimate food. Halal product is a product that qualifies halal according to Islamic syariat from its substance, its process and its storage and presentation. This study aims to determine the implementation of law number 33 of 2014 on the guarantee of halal products on the registration of halal certificates on food products and what are the constraints faced in registering halal certificates.The guarantee of consumer protection against the circulation of halal labeled food products is already guaranteed according to the prevailing laws and regulations and the products labeled official halal have provided legal certainty to the halal nature of the product itself which can be seen from the authority given by the government to MUI and BPJPH.
KEABSAHAN PERKAWINAN SEDARAH MASYARAKAT ADAT BATAK TOBA MENURUT HUKUM ADAT Aktor Pimadona; Mulati Mulati
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.v2i1.5238

Abstract

Marriage is a sacred activity because it relates to the religion and beliefs of each. The Batak Toba community is one of all tribes in Indonesia that adhere to their customs and customs, but lately there has emerged the phenomenon of blood marriages in the Batak Toba indigenous people because they feel like each other without thinking about the sanctions that will be received later. In this study, the issue was raised about how legitimacy of the blood marriage of the Batak Toba indigenous people according to customary law? The author examines the problem using normative methods. The results showed that the marriage of the Batak Toba community was not in accordance with the rules applicable in customary law, because the marriage system of the Batak Toba indigenous people themselves embraced an exogamous marriage system in which the Batak Toba indigenous people could marry the man or woman they liked must be outside the clan or the clan itself. Then in this study there are also ways to preserve the culture of the Batak Toba indigenous people who are increasingly disappearing because of the modern era that exists today.
TANGGUNG JAWAB NEGARA ATAS TERGANGGUNYA FREKUENSI RADIO PENERBANGAN DI WILAYAH UDARA PANTAI UTARA JAWA GUNA MENJAMIN KESELAMATAN PENERBANGAN Farras Naufal; H. K. Martono
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.v2i2.6909

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 can’t 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 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 PENERAPAN TEORI OBJEKTIVITAS DALAM ASURANASI KAPAL ANTARA PT. BRINGIN SEJAHTERA ARTAMAKMUR DAN PT. DJAKARTA LLOYD (STUDI PUTUSAN NO.423/PDT.G/2011/ PN.JKT.PST.) Gibran Budi Nugroho; Stanislaus Atalim
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.v1i2.2742

Abstract

In the insurance agreement, of course, there is an insurance object where the insurance object must be notified in detail by the insured to the insurer if it will not be threatened by the cancellation of the agreement. This is supported by one of the theories developed in insurance business, namely the theory of objectivity supported by article 251 KUHD This research is a study of the application of the theory of objectivity to Decree Number 423 / Pdt.G / 2011 / PN.Jkt.Pst because of the claim from PT. Djakarta Lloyd from the insurance object in the form of MV Jatiwangi PB 400 vessel that has been insured to PT Asuransi Bringin Sejahtra Artamakmur (PT BSAM), but the insurance company rejects the claim on the grounds that the ship was damaged at the time of signing the insurance policy. So that the problem arises how to apply the theory of objectivity to the rejection of insurance claims made by (PT BSAM)? is the application of the theory of objectivity in Indonesian insurance law correct? The research method used is a normative juridical research method. Data from the study shows that based on Article 251 KUHD and the theory of objectivity is a description of the honesty of insurance participants with the threat of cancellation of insurance if the insured party is proven not to have good intentions. Based on the definition of objectivity theory and Article 251 KUHD the author wants to discuss how it applies to ship insurance
PEMIDANAAN TERHADAP PERBUATAN MENGHILANGKAN MAYAT YANG DILAKUKAN ANAK (STUDI TERHADAP PUTUSAN MAHKAMAH AGUNG NO. 774K / PID.SUS / 2015) Heppi Florensia; 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.v1i1.2160

Abstract

Criminalization of the offender especially in the perpetrators of children under age is as a sanction that tells implied to someone who performs acts meet certain conditions. Often in prosecuting a criminal case the Public Prosecutor is wrong in deciding what articles should be imposed on the perpetrator. As one case of Supreme Court verdict No.774K/PID.SUS/2015 with 16-year-old defendant Dicky Pranata prosecuted by the Prosecutor with Article 340 of the Penal Code juncto Article 56 of the Criminal Code is a criminal act of premeditated murder, in which the elements of Article 340 of the Criminal Code are not fulfilled the defendant's self but the existence of other crimes Article 181 of the Criminal Code of disappearance committed by the defendant. The defendant was sentenced to 10 years in prison at the District Court, while the defendant was released from the sentence of the Court of Appeal and Cassation. The problem in this research is whether the act of the perpetrator fulfills the elements in Article 340 juncto Article 56 paragraph (1) of the Criminal Code juncto Article 1 paragraph (3) SPPA Act and Article 181 of the Criminal Code? How to base criminal offenses in the Supreme Court ruling case No.774K/PID.SUS/2015? The researcher examines the problem with normative juridical method. Based on the analysis result that the defendant is not proven to commit element of crime Article 340 KUHP, but the existence of criminal act Article 181 of Criminal Code which has been done by defendant.
TANGGUNG JAWAB NOTARIS TERHADAP AKTA YANG DIUBAH SECARA SEPIHAK (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 146/PDT/2018/PT.BDG.) Michelle Starla Ongko; Ariawan Gunadi
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.v2i2.6915

Abstract

Renvoi is the changes that was made before the deed was signed by the parties. There is quite a difference between a change in the deed, which are made before signed and the change after signed. Whereas if the change was made after signed, the change must be made in the presence of the parties, witnesses, and the public notary, reported in an official statement of the event and give no regarding the matter to the original copy of the deed with notification of the date and number of the correction. If a Notary does not do as provided in the renvoi procedure, it may result in the deed being considered inauthentic. And could result in one of the party to suffer a loss in the foreseeable future and it could serves as a legal basis to claim compensation, damages plus interests and to be put on the public notary’s responsibility. Based on the example of the present case in Supreme Court Decree No. 146 / PDT / 2018 / PT.BDG, in the making of a rent-to-hire deed,  there is a difference between the original copy of the deed which are not similar with the copies that are given  to the respective parties. The original copy of the deed is full of correction scribbles, replacements, inserts, additions, and overlays, which are definitely not typing mistakes. Thus, the public notary has violated Article 48 of the Public Notary Act No. 2 of 2014.
KEABSAHAN PENGGUNAAN KUASA MUTLAK DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH YANG DIBUAT OLEH NOTARIS Clara Vania; Gunawan Djajaputra
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.v1i2.2747

Abstract

Absolute power of attorney is a power of attorney containing an irrevocable element by the authorizing party. Since the Instructions of the Minister of Home Affairs Number 14 Year 1982 concerning the Prohibition of Absolute Power of Attorney as the Transfer of Land Rights took effect on 6 March 1982 and Government Regulation Number 24 Year 1997 concerning Land Registration took effect on 8 July 1997, the use of absolute power of attorney has been banned. But in the practice, the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land is still found. This is what often causes conflict because the use of absolute power of attorney is considered contrary to the laws and regulations in Indonesia. The formulation of the problem in this thesis is how the validity of the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land made by a public notary and how the legal consequences of the Binding Sale and Purchase Agreement of Land that use absolute power of attorney. The results of the study showed that regarding the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land is legal and does not violate the laws and regulations. In addition, the legal consequences arising from the use of this absolute power of attorney in the Binding Sale and Purchase Agreement of Land are still recognized and remain valid and binding for the parties who have made them.

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