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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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PENERAPAN ASAS ERGA OMNES DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 30/PUU-XVI/2018 DIKAITKAN DENGAN ASAS NEGATIVE LEGISLATOR Muchamad Lutfi Hakim; 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.v1i2.2924

Abstract

The problem began because there was an Application to Judicial Review Article 182 Letter l specifically in the phrase "other work" Law Number 7 of 2017. The applicant requested the Constitutional Court to interpret the phrase "other work". The request was finally granted by the Constitutional Court which interpreted the phrase "other work" in Article 182 letter l of the Act to also serve as a Political Party Functionary. For the Decision, there are Parties who disagree, finally the KPU Regulation Number 26 Year 2018 which accommodates the MK Decision so that candidates for DPD members resign from Political Parties to the Administrative Court and MA. The problem is that the Decision of the Administrative Court and Supreme Court is different from the Constitutional Court Decision, both decisions allow political party functionaries to register as candidates for the DPD. In solving these problems the author uses the Normative Legal Research Method, the author's conclusion is that the principle of the Erga Omnes and the principle of the Negative legislator attached to the Constitutional Court Decision is not effective. While the author's suggestion is that there is a need for a revision of the Constitutional Court Law by adding sanctions to institutions or communities that do not follow the MK Decision.
ANALISIS TERHADAP MASALAH PENETAPAN NILAI GANTI RUGI DALAM RANGKA PEMBEBASAN TANAH UNTUK PEMBANGUNAN JALAN TOL KUNCIRAN-SERPONG (STUDI KASUS: PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR 333/Pdt.G/2018/PN.Tng. Jo. PUTUSAN MAHKAMAH AGUNG NOMOR 3049 K/Pdt/2018) Raymond Aristyo; 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.v2i2.6532

Abstract

Infrastructure development for the public interest is indeed very urgent to be held immediately given that some infrastructure development facilities are still very alarming so that it becomes a priority in the development program. In addition, land acquisition for public interest development is supported by high population growth and increased community aspirations and improved development for the public interest which continues to increase. Filling land for development in the public interest, valuation of compensation by appraisers is carried out per field, parcels of land and underground land, buildings, plants, objects related to land, or other losses that can be shared. In carrying out activities, the appraiser is guided by standards, while in carrying out his duties the appraiser approves the code of ethics. In the evaluation of community change, weak decisions that cannot be refused by the government asking for land, like it or not, like it or not the community requires land to the government, the community must accept and leave the environment where they were raised, returned and memories of their homes. Related to the writer interested in doing an analysis of the problem of determining the value of compensation in the framework of land acquisition for the construction of the Kunciran-Serpong toll road. This analysis is carried out using normative research methods with the aim of appealing to the principles of law and searching for theoretical scientific truths of the problems discussed.
SANKSI HUKUM BAGI PENGURUS YANG MENGHALANGI PROSES PEMBERESAN KEKAYAAN YAYASAN YANG DIBUBARKAN BERDASARKAN PUTUSAN PENGADILAN (STUDI KASUS PEMBUBARAN YAYASAN BHAKTI SOSIAL SURAKARTA BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR 625 K/Pdt/2012) Jeanet Trifena Lewi; 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.v1i1.2188

Abstract

This study examines the fact that a foundation as a social institution can be dissolved by the causes as regulated by the Foundation Law, as happened to Yayasan Bhakti Sosial Surakarta which was dissolved by the decision of Surakarta District Court No. 141 / Pdt G / 2010 / PN Ska which has been upheld by the decision of the High Court of Semarang No. 233 / Pdt / 2011 / PT Smg and Supreme Court ruling Number 625 K / Pdt / 2012. Problems in this research is that there has been an act of disagreement by the Board of Bhakti Social Foundation of Surakarta against the liquidator in the socialization of the Bhakti Social Foundation of Surakarta. Based on the results of research and discussion it can be concluded that basically the nature of the decision dissolving the Bhakti Social Foundation based on the Supreme Court's decision Number 625 K / Pdt / 2012 is a declarative decision (declaratoir) a verdict that does not require any execution action. Law Number 16 Year 2001 jo. Law Number 28 Year 2004 About the Foundation does not clearly regulate the confiscation of the Foundation's wealth including sanctions to the board of the Foundation that take action against the work of the liquidator.
ANALISIS PUTUSAN KEPAILITAN MAHKAMAH AGUNG NOMOR 769 K/PDT.SUS-PAILIT/2016 MENGENAI PEMBERESAN HARTA PAILIT (BOEDEL PAILIT) Selly Virginia; F. X. Suyud Margono
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.v2i1.5271

Abstract

The progress of the economy in Indonesia is currently experiencing very rapid development, giving rise to very tight competition between business actors. In the business world the need for funds is a basic necessity that must be met by businesses to maintain and support the continuity of their business activities, so that to overcome the problem of capital needs, loan capital in the form of accounts payable is a solution that is often taken by businesses. Of course business people need funds or capital to strengthen their position in the economic sphere and intense competition in this era of globalization. Funds or capital needed by business people to run their businesses are obtained from debt facilities (loans or loans) obtained through individuals or financial institutions, which are used to increase their business capital both in the form of short-term, medium-term and long-term debt. This paper identifies one problem, namely whether someone / person is not declared bankrupt can be made bankrupt? (Case Study of Decision of the Supreme Court Number 769 K / Pdt.Sus-Pailit / 2016). The method used in this study is a type of analytical descriptive legal research and uses primary and secondary legal materials. The results of the study show that the property of a person or person referred to herein is the property of the Director (along with 2 partners) who at the beginning had made an agreement in order to make the asset in the name of The Hwie Gwan a guarantee by both parties.
ANALISIS YURIDIS PENETAPAN WALI BADAN YG NGAWAS OLEH BHP DALAM RANGKA MELINDUNGI WEWENANG KEPERDATAAN ANAK (CONTOH PUTUSAN NOMOR: 0014/PDT.P/2015/PA.MN). Rhenal Cokronegoro; Mulati .
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.v1i2.2929

Abstract

Children are gifts from God Almighty that we must guard and that we must protect, because children are also human beings who have rights and dignity as human beings. One of the rights of the child is the right to enjoy the wealth of his parents, including inheritance. Many children whose parents experience problems, such as divorce or one or both parents die. In order for a child to do a legal act, he needs a guardian in carrying out legal actions. Guardians here have a function to represent all children's needs in carrying out legal actions. In guardianship, there is a guardian’s overseer whose function is to oversee the guardian in terms of managing the assets of the child, in this case is the Heritage Hall. The Heritage Hall has two functions, namely as guardians of supervisors in charge of guarding guardians, as well as temporary guardians. The problem here is that the Heritage Hall is not cared for by the community, so not all guardianship verdicts use the trustees in it. whereas the Law clearly stipulates that the Heritage Hall must be the trustee in every trusteeship order ordered in the State of Indonesia.
ANALISIS TERHADAP KETERBUKAAN INFORMASI PUBLIK PADA PERSEROAN TERBATAS YANG MELAKUKAN PENGUMPULAN DANA DONASI YANG DIDUGA DIGUNAKAN UNTUK PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY Muhammad Rizqi; Chandra Yusuf
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.v2i2.6537

Abstract

Public Institution is a legal person under the Indonesian act number 14 year of 2008 about Public Information Openness. Under that act, Public Institution have an obligation to publish all the information on that regulation. Public Institution, under the Indonesian act of Public Information Openness means legislative, executive, judicative and any other institution who obtain operational funds from state income (ABPN) or regional income (APBD), public funds or foreign income. There’s an issue among Private Company and Public Information Commission, where the Private Company appointed as a Public Institution by the Judge from Indonesian Information Public Commission. There’s a gap on that dispute, because Private Company obeyed under the Indonesian act of Private Company number 40 year of 2007. The judge had consideration when decided Private Company to become a Public Institution, it’s because of that Private Company managed public donation and distribute that donation into several foundation. The other problem is the private company refused to be named as a Public Institution, so there’s no obligation for the private company to publish any information about the corporation.
TANGGUNG JAWAB NEGARA TERHADAP PERLINDUNGAN PEJABAT DIPLOMATIK MENURUT KONVENSI WINA 1961 (CONTOH KASUS PENYERANGAN DUTA BESAR RUSIA DI TURKI) Yonathan Yogy; 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.v1i1.2203

Abstract

The establishment of diplomatic relations aims to strengthen a relationships between state. The establishment of diplomatic relations is based on mutual consent between two states. After consent has been reached, each  state can dispatch members of the mission .The function of a member of the missions is to represent the sending state, to protect the interests of the sending state and its nationals, to negotiate, Ascertaining by all lawful means conditions and developments in the receiving State, and to  promote friendly relations between the sending country and the receiving country. The Vienna Convention 1961 on diplomatic relations provides immunity and privilege to members of the missions in carrying out diplomatic functions . Such immunity and privilege are granted not for personal gain, it is provided to facilitate members of the missions in performing diplomatic functions. One of the forms of immunity is Inviolability. Inviolability of members of the missions is regulated by Article 29 of Vienna Convention 1961. Article 29 stated  that the receiving state shall take appropriate measures to prevent any attack on members of the missions. But if the receiving state fails to protect the members of the missions, is there any legal consequence and  state’s responsibility ?. The author is interested to raise the issue into a thesis.
PERBUATAN MALADMINISTRASI DALAM PEMBUATAN AKTA JUAL BELI OLEH PPAT DAN AKIBAT HUKUMNYA MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 TENTANG PERATURAN JABATAN PPAT Jo. PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 TENTANG PERATURAN JABATAN PPAT (STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR: 129/Pdt.G/2016/PN.Jkt.Sel.) Cecyllia Tamara B. Schouten; 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.v1i1.2214

Abstract

The Land Deed Official (the PPAT) is a Public Official who is granted part of the authorities by the State in the implementation of land registration and the making of an authentic deed. The certificate must be made based on the deeds of the law by the parties. The deeds of the law based on Article 2 of the Government Regulation Number 37 of 1998, a sale and purchase, swap, gift, inbreng, granting right of building/right of use based on the land property rights, and granting of land mortgage. Based on the ordinance, the authentic deed can be used as evidence in case of dispute. In this case is usually a lot of the contempt of court. This act is called the Maladministration. Maladministration is poor management or regulation, especially in an offical capacity. Maladministration is bias, neglect, inattention, delay, incompetence, ineptitude, arbitrariness and so on and would be long and interesting list. Including abuse of power, unlawful procedures, unfairness and malfunction or incompetence. The author examines the problem using normative legal research methods supported by some interviews with some who are experts in the field of the land and maladministration. This act resulted in the existence of legal consequences. Due to the law could by law or may be cancelled. The sanctions awarded againts to the Land Deed Official who did this deed contained in Ministerial Decree of Agrarian Affairs and Spatial/Head of National Land Authority Number 112/Kep-4.1/iv/2017 Article 6 paragraph (1) include reprimand, warning, skorzing, onzetting even fired from The Land Deed Official membership.
ANALISIS PERTANGGUNGJAWABAN PIDANA BAGI ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Sinta Ayu Lestari; Hery Firmansyah
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.v2i1.5276

Abstract

In Indonesia the problem of drug abuse and illicit trade continues to increase, worrying and endangering people's lives. Based on “Law Number 35 of 2009 concerning Narcotics which supersedes Law Number 22 Year 1997”, it has been regulated regarding the prohibition on the use of narcotics which are carried out without permission. In the case of narcotics abuse there are law enforcement officers who handle one of them, the police. The police as the executor and law enforcer have the duty to safeguard security and prevent and eradicate criminal acts as stipulated in the “Republic of Indonesia Police Chief Regulation Number 14 of 2011 concerning the Professional Code of Ethics of the Republic of Indonesia National Police”. In fact, there is a case in Decree “Number 1057 / Pid.Sus / 2018 / PN.Jkt.Tim and Decree Number 906 / Pid.Sus / 2018 / PN.Jkt.Tim”. where members of the police commit criminal acts of narcotics abuse. What is the mechanism of the legal process? and What is the criminal responsibility for members of the police who commit criminal acts of narcotics abuse? The author uses the normative juridical legal method and uses interview data as supporting data. The results reveal that the legal process for police officers who commit narcotics crimes similar to justice for ordinary people is in accordance with the Criminal Procedure Code, the difference is that if there is a process within the police, the police must take into consideration the profession as law enforcement in incriminating matters.
PEMINDAHAN RUMAH IBADAH DAN FASILITAS UMUM AKIBAT PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL BERDASARKAN UNDANG - UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM F. Kristifani Haryanto; 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.v2i1.5249

Abstract

Serpong-Cinere Toll Road with a length of 10.14 km is part of the Jakarta Outer Ring Road 2 (JORR II) which connects South Tangerang with Depok City that crosses several regions, such as Jombang, Ciputat, Pamulang, Pondok Cabe and Cinere. The construction of this toll road was carried out based on Law Number 2 of 2012 concerning Land Procurement for Development for Public Interest. In the construction of this toll road, it certainly requires land from the people who live around the development toll road so that toll road operators must provide compensation. Compensation for land and buildings for residents is given in the form of money, while compensation for houses of worship and other public facilities is provided in the form of replacement land. Is the mechanism for transferring places of worship and public facilities has been carried out in accordance with Law Number 2 of 2012? Author using normative research methods and doing research by interviewing toll road operators as supporting data. The results of the study indicate that the mechanism for moving houses of worship and public facilities has been carried out according to Law Number 2 of 2012 and other law and regulation, namely Law Number 41 of 2004 concerning Endowments.

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