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Jurnal Hukum Adigama

adigama
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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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ANALISIS PUTUSAN PENGADILAN AGAMA BANTAENG TENTANG PEMBERIAN DISPENSASI PERKAWINAN ANAK DIBAWAH UMUR (STUDI PUTUSAN: PUTUSAN PENGADILAN AGAMA BANTAENG NOMOR 42/PDT.P/2018/PA.BATG ATAS PEMBERIAN DISPENSASI PERKAWINAN ANAK DIBAWAH UMUR) Chika Angelica Awaloei; Mia Hadiati
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Children are the next generation of our great country. Therefore, it is the country’s responsibility to protect children’s rights by creating regulations to enforce it. One amongst many of the regulations is UU No.1 Tahun 1974 tentang Perkawinan where it is stated in Pasal 7 ayat 1 that the minimum age of marriage is nineteen years old for male and sixteen years old for female. However, in 2019 with many considerations, Mahkamah Konstitusi ratified UU No. 16 Tahun 2019. Which means, the minimum age of marriage rose to nineteen years old for both male and female. Nevertheless, a judge in Bantaeng, South Sulawesi, decided to grant a request for dispensation of a matrimony between a fifteen years old male and fourteen years old female. The judge’s consideration was so the female child can have a protection. The writer perceives this decision as injudicious because it is fair to say that physically, mentally, and financially, this couple is not ready for marriage. Also, by uniting them in marriage, both the female and male child will be at risk of losing certain rights that they suppose to receive as children.

KAJIAN YURIDIS FUNGSI PENCEGAHAN KOMISI PEMBERANTASAN KORUPSI DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI PENGADAAN BARANG DAN JASA SECARA ELEKTRONIK DI PROVINSI DKI JAKARTA Mahardika .; Firman Wijaya
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

In Indonesia, corruption is rampant in the procurement of goods and services. The institution authorized to deal with corruption is the Corruption Eradication Commission (KPK). One of the tasks of the Corruption Eradication Commission is to carry out surveillance and preventive actions so that there are not many corruption cases that can harm the country but the prevention function has not been maximally implemented. Therefore, the author proposes the issue of how is the juridical study of Corruption Eradication Commission’s preventive function in eradicating corruption of the electronic procurement of goods and services in DKI Jakarta province? The author analizes the problem using normative research methods, with the technique of research legislation approaches. Corruption in the procurement of goods and services is very widespread because there are still gaps or weaknesses used to commit corruption. Existing weaknesses include regulation, principles in procurement of goods and services, supervision, and implementation of procurement of goods and services. Likewise, the implementation of KPK in terms of prevention is still lacking. The KPK should be an institution tasked with eradicating corruption. In addition to supervision, the KPK should prioritize implementing prevention so that corruption does not occur. The thing that can be done by KPK includes tightening supervision in the procurement of goods and services.

ANALISIS PEMUTUSAN HUBUNGAN KERJA DENGAN ALASAN DISHARMONI (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 121/PDT.SUS-PHI/2018/PN.BDG Juncto PUTUSAN MAHKAMAHi AGUNG NOMOR1942 K/PDT.SUS-PHI/2018) Luxena Gabriella; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

This different opinion of termination sometime causing industrial relation dispute. The increasing reasons of employment termination constantly do harm for the workers without considering the loss that they may experience. How the Judge consider to make decision of termination with disharmony as the reason as stated in Constitution No. 13 Year 2003 about Employment? The research types that being used was a Normative Research. There are various reason in an employment termination. Dispute in Employment termination is a dispute of how employment relation ends. Terminating an employment relation must be accompanied by detailed and described as stated in Constitution No. 13 year 2003 about Employment. The Provision about arrangements for employment termination set out in article 150 until 171 Constitution No. 13 Year 2003 about Employment. Issues in this case is that PT Sari Gemilang didn’t described in detailed their reason why they terminated their workers. In the decisions of the Supreme Court didn’t consider Article 57 paragraph (2), Article 59 Paragraph (4), and Article 59 Paragraph (7) also Article 151 Paragraph (3) and Article 155 Paragraph (1) Constitution No. 13 Year 2003. Judge only considered that the relation between Company and Workers are disharmony. Disharmony is a situation, not a reason for termination. Panel of judges of the supreme court didn’t see there are reason for termination or not. There is uncertainty on the termination fee and the calculation that need to be paid by the employer due to disharmony.

PERLINDUNGAN KONSUMEN TERHADAP HAK KONSUMEN ATAS KEAMANAN DALAM MENGKONSUMSI BARANG DARI TINDAKAN PENGOPLOSAN BERAS Inne Christina; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The proceedings of low-quality mixing of rice poses a threat to consumers. Article 4 UUPK states the consumer rights of safety and protection in consuming a product, receiving correct information, honest and true, and enables compensation of the item received is incorrect. Article 7 states the obligation of the company to show good faith in carrying out their responsibility and guarantee the quality of their product, ensuring they meet the standards accordingly. Violations also happen according to Food Regulation. In order to avoid futher violations, the government should supervise the operations of the market trade. Additionally, what kind of legal protection towards the consumers rights regarding the safety of consuming products from the low-quality mixing of rice and what is the role of the government in supervising such kind of distribution? This research will list out the problems addressed by using normative methods. Research data will observe the existing legal prodictions of UUPK and Food Regulation by suggesting sanctions to companies that violate the policies of UUPK and Food Regulation, as well as the supervision of the government as stated in PERMENDAG No. 20 Tahun 2009.

TANGGUNG JAWAB AGEN DISTRIBUTOR ATAS PEREDARAN OBAT KUAT IMPORT TANPA IZIN EDAR DITINJAU DARI UNDANG-UNDANG PERLINDUNGAN KONSUMEN Septyani Roby Hartanty; Susanti Adi Nugroho
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Law Number 8 of 1999 about Consumer Protection on this matter covers consumer rights and business responsibilities. This study discusses the responsibility for efforts made to fulfill customer rights for information and benefits of imported drugs without marketing permits and also related to licensing regarding permits for consumers who need funds for imported drugs. Legal protection for consumers of illegal drugs carried out by the government through the Food and Drug Supervisory Agency (BPOM). With the presence of BPOM, the government has supervised. Employers are responsible for the makers of goods because they carry out imported goods or official importers. Therefore, businesses that represent individuals must be responsible for losses that arise only as importers not as producers of these goods. Therefore, the legal basis that can be requested by consumers as a form of accountability proposed for drug business assistance is court punishment as regulated by article 62 paragraph 1 of the UUPK. This study gives an appeal to the public to be more careful in taking medicines should be on the advice of a doctor or pharmacist and should not be tempted easily by the promotions offered because drugs containing BKO can be used.

PERLINDUNGAN HUKUM KONSUMEN PENGGUNA PRODUK MASKER SHISEIDO YANG MENGGUNAKAN BAHASA ASING (STUDI TERHADAP KEMASAN SHISEIDO DALAM BAHASA JEPANG DI WILAYAH TANGERANG) Rini Yarti; A.M Tri Anggraini
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

An imported product to be traded into the territory of Indonesia must include an Indonesian language label in accordance with established regulations, the regulation is regulated in Article 2 paragraph (1) of the Minister of Trade Regulation of the Republic of Indonesia Number 73 / M-DAG / PER / 9/2015 concerning Label Inclusion In Indonesian in Goods. Every product introduced to consumers must be accompanied by correct information. This information is needed so that consumers do not have a wrong picture of the product. This information can be submitted in various ways, one of which is by including an Indonesian translation label on the foreign language label listed on the product packaging. Information on product packaging labels is very necessary for the community so that each individual can correctly determine the choice before buying and consuming the product. In fact there are still many producers who are not responsible for selling cosmetic products that do not meet the requirements. Cosmetic products that do not meet these requirements can be found easily in malls, in traditional markets, or through the internet. The role of the state in this case the government is needed to protect consumers from the circulation of products that do not meet the requirements. So legal protection for consumers is needed to increase awareness of the rights as consumers.

ANALISIS DASAR MENUNTUT PENGGANTIAN BIAYA DALAM GUGATAN PEMBATALAN PERSIAPAN ACARA PERKAWINAN DALAM PUTUSAN NOMOR: 82/Pdt.G/2014/PN.MKS Patricia Janice; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

This research aims to provide information about existing law for one-sided breach of promise of marriage in Putusan Nomor 82/Pdt.G/2014/PN. Mks and to show that the defendant’s conduct of breaching the promise of marriage is a violation of law instead of a default. The defendant’s breach of promise of marriage, according to the plaintiff, brings material loss and shame because she is a doctor widely known in the society and part of the nobility in Tanah Toraja. This research/case shows that immaterial damage claim cannot be sustained in the context of default because damage compensation in a case of default consists of fee, loss, and interest. Immaterial damage claim can only be sustained in the context of violation of law and the judge should refer to article 1365 KUHPerdata about Violation of Law because the breach of promise of marriage is against the norm of propriety and morality in the society. In Putusan Mahkamah Agung RI No. 522 K/Sip/1994, Putusan Mahkamah Agung RI No 3191 K/Pdt/1984 dated 8 February 1986, and Putusan Mahkamah Agung RI No 3277 K/Pdt/2000 dated 18 July 2003, it was ruled that breach of promise of marriage is a violation of law.

KRIMINALISASI MATCH FIXING DALAM PERTANDINGAN SEPAKBOLA DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 1980 TENTANG TINDAK PIDANA SUAP Alexzander Rinaldy; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The current football competition has changed because it began to be infiltrated by organized criminals, especially in match manipulation and match fixing. Setting scores and match manipulation as a global threat in the world of football. The problem faced in writing this essay is how to criminalize match fixing in soccer matches in Indonesia based on Law Number 11 of 1980 on the Crime of Bribery. The research method used in this research is normative legal research that is research which gives systematic explanation of rules governing a certain legal category, analyze the relation between regulation explain difficulty area and may predict future development. The results showed that the criminalization of match fixing in Indonesian soccer matches based on Law Number 11 of 1980 on the Crime of Bribery was threatened with a criminal sanction although bribes in the private sector can’t be regarded as an act of corruption because they do not belong to the category of corruption based on Corruption Act. This means that it does not mean it has no impact at all in enforcing the rule. In fact, the non-regulation of bribery in the private sector in Corruption Law is related to the actors who can eradicate and enforce the provisions. Bribes (as well as corruption in general) in the private sector have brought so many bad impacts on the business sector including in football matches.

KEDUDUKAN HUKUM BITCOIN SEBAGAI MATA UANG VIRTUAL DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2011 TENTANG MATA UANG Clara .; Siti Nurbaiti
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Nowadays people rely on many things in order to do daily activity. As time goes by, global economy has changed and has had significant growth. The form of money has also changed, from only being available in the physical form, such as coins and banknotes, now we have the digital form of money, otherwise known as virtual currency. This paper discusses about the legal status of Bitcoin as virtual currency in Indonesia according to Law Number 7 of 2011 regarding Currency Law. The author examines the problem by using normative legal research methods with descriptive approach. The data was collected from secondary and primary data and is used as supportive research data. The collected data is analysed using qualitative method. The result of this research is the legal status of Bitcoin as virtual currency in Indonesia according to Law Number 7 of 2011 regarding Currency Law has not been regulated yet. Therefore, the government of Indonesia needs to make a specific regulation to regulate Bitcoin in Indonesia.

PERTANGGUNGJAWABAN HUKUM TERHADAP KEDUDUKAN AKTA OTENTIK YANG DIBUAT SELAMA MASA CUTI (PUTUSAN NOMOR : 1/PTS/Mj.PWN.DKIJakarta/xi/2017) Stefani Hamdani; Endang Pandamdari
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Notary is a profession that is very required in the field of law. In these case, notary acts as a public official in providing a legal services to the society. Notary has a several function like establishment a company, making a deed, legalizing documents, waarmerking, and other services. But in a reality, there are many notaries still do not meet the applicable terms and conditions, “How Is The Notary’s Responsibility Towards Authentic Deed Position During The Leave” this is the main problem we will disscused in this report. The research method used is a descriptive normative research method, which is based on primary data and secondary data as other supporting data which are analyzed qualitatively. From the results of the study explained that that Drs. Andika, as the reporter, came to the reported office named Netty Maria Machdar with the intention to make a certificate of borrowing and guarantee with a certificate, but by Netty's mother a letter of authorization to sell was made which resulted in a loss. In the Letter Number 04 / Ket.Cuti-MPPN / II / 2015 said that it turned out that Notary Netty Maria Machdar was on leave after knowing the deeds and leave certificate. the notary who made the deed during the leave was found quilty, and the position of the deed was a deed under the hand. Which means the notary who made the deed during the leave was found quilty, and the position of the deed was a deed under the hand.

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Editorial Address 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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Ahmad Redi

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ahmadr@fh.untar.ac.id

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era.hukum.mahasiswa@fh.untar.ac.id

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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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Kota adm. jakarta barat,

Dki jakarta

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