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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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KEBIJAKAN FORMULASI TERKAIT KONSEPSI RECHTERLIJKE PARDON (PERMAAFAN HAKIM) DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA Aska Yosuki; Dian Andriawan Daeng Tawang
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.v1i1.2136

Abstract

The effort of reforming criminal law in Indonesia, particularly the regulations, has been conducted since 1963, proven by the formulation of Penal Code Bill, however, until now, the Penal Code Bill has not been passed. One of the ideas in the Penal Code Bill is the concept of Rechterlijk Pardon. This concept is crystallized because of the current criminal law is too rigid and lack of humanity sense in applying to minor cases.This research aims to describe the concept of Rechterlijk Pardon and the basis of the concept in the Penal Code Bill in Indonesia. The result of the research is that the concept of Rechterlijk Pardon desires that in imposing criminal sanctions, the judges shall not only consider the criminal act and criminal responsibility, but also the objectives and guidelines of imposing criminal sanctions. The objectives and guidelines have been explicitly regulated in Article 55 and 56 of Penal Code Bill. Whenever the judges believe that imposing criminal sanctions is not consistent with its purpose and guidelines, the judges is possible to give pardon. The essence of this concept is that when the prosecutor successfully proves its indictment and the perpetrator was given pardon by the judges, there will be no criminal sanctions that will be imposed on the perpetrator. The form of the verdict is a guilty verdict without punishment. The basis of this concept are the philosophical, sociological, juridical, and teoritical basis.
ANALISIS DASAR PERTIMBANGAN HAKIM DALAM PENGAJUAN TUNTUTAN KEKURANGAN PEMBAYARAN UPAH MINIMUM PEKERJA (STUDI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 195/Pdt.Sus-PHI/2016/PN.Bdg JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 885K/Pdt.Sus-PHI/2017) Sandra Angelica; Andari Yurikosari
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.v2i1.5270

Abstract

The demand for the minimum payment of the minimum wage has an expiration date, which is 2 years. The expiration date has been revoked with the Decision of the Constitutional Court Number 100/PUU-X/2012. In the Decision of the Industrial Relations Court Number 195/Pdt.Sus-PHI/2016/PN.Bdg juncto Decision of the Supreme Court Number 885K/Pdt.Sus-PHI/2017, the judge refused to grant the claim the minimum wage payment. Based on the verdict, what will be discussed in this paper are how the judges basis for filing a claim lacks payment of workers' minimum wages and how the legal consequences from the judge's consideration in filing a claim lack the minimum wage payment in the Industrial Relations Court Decision Number 195/Pdt.Sus-PHI/2016/PN.Bdg juncto Decision of the Supreme Court Number 885K/Pdt.Sus-PHI/2017. The research method used is normative legal research. Based on the research that has been done, the judge mistakenly interpreted the enactment of the Constitutional Court Decision Number 100/PUU-X/2012 so the judge refused to grant the claim for the lack of minimum wage payments submitted by the plaintiffs. The judge's judgment stated that the Constitutional Court Decision Number 100/PUU-X/2012 did not apply retroactively so that the normative rights expiration provisions last took effect on September 18, 2013. Even though the claim should have been partially granted by the judge because the employer proved to pay workers' wages under the minimum wage provisions applicable, namely for payment of wages in 2013. In addition, the plaintiffs also submitted the claim after the issuance of the Constitutional Court Decision Number 100/PUU-X/2012.
KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH Samuel Samuel; Siti Nurbaiti
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.v2i2.6538

Abstract

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.
SISTEM PRE PROJECT SELLING DALAM PENJUALAN SATUAN UNIT APARTEMEN MENURUT UNDANG -UNDANG NOMOR 20 TAHUN 2011 TENTANG RUMAH SUSUN (CONTOH KASUS PUTUSAN PENGADILAN NEGRI JAKARTA PUSAT NOMOR: 616/PDT.G/2017/PN.JKT.PST JO. PUTUSAN PENGADILAN TINGGI JAKARTA NOMOR: 20/PDT.G/2019/PT.DKI) Mika Anabelle; Hanafi Tanawijaya
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.v2i2.6570

Abstract

Pre-Project Selling is a marketing and apartment sales activity conducted before construction is carried out, which is often done by developers before licensing is issued specified in Law Number 20 of 2011 concerning Flats so often causes problems. The purpose of this paper is to determine the pre-project selling system in the sale of apartment units according to the Law on Flats and legal protection for buyers of apartments with a pre-project selling system if the developer defaults.The research method used in this study is a normative research method. The research data was collected by means of a literature study using the method of approaching the law relating to this study, namely Law Number 20 of 2011 concerning Flats.The results of this study show that the sales system with this pre-project selling system often creates problems because the requirements as stipulated in the apartment laws have not been fulfilled, therefore developers can be held accountable both civil, criminal and administrative.
PERANAN IKATAN NOTARIS INDONESIA (INI) TERHADAP PENGAWASAN NOTARIS DALAM PELAKSANAAN TUGAS JABATAN NOTARIS DI PROVINSI DKI JAKARTA Stephanie .; Endang Pandamdari
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.v1i1.2271

Abstract

This study aims to determine the role of Indonesian Notaries Association (INI) to the supervision of Notary in the implementation of duties in the position of Notary in Special Region of Jakarta. Notary in performing his duties of office can not be separated from the code of ethics that has been established and must be implemented by every existing Notary. The Indonesian Notary Association (INI) as the only organization of Notaries certainly has an important role in the field of supervision. Special Capital Region of Jakarta as the center of government certainly has a greater chance in the case of a violation, in this case the violation of the code of ethics, such as disrespect and uphold the prestige and dignity of the notary so that more supervision and explanation of the Profession of Notary Profession. It takes proper supervision from the Indonesian Notary Association (INI) where in addition to the reprimand is also required strict sanctions that can give a deterrent effect for the Notary in violation, in order not to happen again the same mistake and the notary's good name is maintained. Indonesian Notary Association is expected to give an important role in this case for the development of Notary Indonesia especially in Special Capital Region of Jakarta.
PERANAN KOMISI PERLINDUNGAN ANAK INDONESIA DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN TINDAK PIDANA PENGANIAYAAN (STUDI KASUS: PENGANIAYAAN ANAK ADOPSI DI HOTEL LE MERIDIEN JAKARTA PUSAT OLEH CW) Sherly Livinus; 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.v1i1.2141

Abstract

So many of the phenomenon of violence and crime against children become the harsh spotlight from various circles. Pursuant to Article 20 of Law Number 23 Year 2002 regarding Child Protection, the State, Government, Society, Family and Parents shall be responsible and responsible for the implementation of child protection. The purpose of this study is to look at one of the state institutions established by the government, the Indonesian Child Protection Commission (KPAI) in providing protection for children victims of violent crime. The author took one example of a case study of violent crime against children considering that until now still often occur. The results indicate that there are various efforts by the Indonesian Child Protection Commission (KPAI) to provide legal protection against victims of crime, such as monitoring the progress of the ongoing case and cooperating with community-formed institutions in the field of child protection to realize the welfare of children without discriminatory treatment in order to grow, develop optimally, physically, mentally, and socially.
TANGGUNG JAWAB BADAN NASIONAL PENCARIAN DAN PERTOLONGAN TERHADAP KORBAN KECELAKAAN PESAWAT UDARA DI INDONESIA (Studi Kasus: Kecelakaan Pesawat Udara Lion Air Nomor Registrasi PK–LQP) Ang. T. Michella; 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.v2i1.5243

Abstract

Lion Air flight JT610 PK–LQP is the worst airplane accident in 2018, this crashed killed all passengers and crew. The purposes of this research is to examine the responsibilities of National Search and Rescue Agency Republic of Indonesia (BASARNAS) in conducting search and rescue operations for crash victims and how to impose operational costs on search and rescue for these accidents. The method used is the method of normative legal research. Based on research data obtained, the plane crashed was cause by damage of Angle of Attack’s sensor and the aircraft lost its lift power. BASARNAS in this case is responsible for the sense of responsibility, which are required or have any obligation to perform its duties as stated in the decree issued by the government. BASARNAS in conducting search and rescue operations has done their job very well, and in accordance with the provisions of Republic of Indonesia law. Costing search and rescue operations contained in The Republic of Indonesia’s Law number 29 year 2014, the funds from the Indonesian Budget (APBN), Regional Government Budget (APBD), and other funding sources that legitimate and not binding. Search and rescue operations of Lion Air PK–LQP victims conduct by BASARNAS central and used the BASARNAS’s budget, but there were confusion regarding the funds provided for this operation; only BASARNAS issued funds or the airline also provided funds for the operation. As a matter of course aircraft accidents need to form a mandatory insurance rule for search and rescue operations.
ANALISIS PUTUSAN PEMBATALAN PERJANJIAN PERDAMAIAN HOMOLOGASI PADA KASUS KEPAILITAN PT NJONJA MENEER (STUDI KASUS: PUTUSAN PENGADILAN NIAGA SEMARANG NOMOR 11/PDT.SUS-PAILIT/2017/PN NIAGA SMG. JO. PUTUSAN MAHKAMAH AGUNG NOMOR 1397 K/PDT.SUS-PAILIT/2017). Indah Jacinda; Stanislaus Atalim
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.v2i1.5257

Abstract

A form of reconciliation in Suspension of Payment is an agreed composition plan, and the composition plan must get the court’s ratification (homologation). According to Article 170 of the Bankruptcy Law number 37/2004, the creditor can request the cancellation of the composition plan that has been approved if the debtor fails (negligent) to fulfill their obligations. Furthermore, in Article 291 Paragraph 2 of the Bankruptcy Law states that if the cancellation is approved, the debtor must be declared bankrupt. And in this case, PT Njonja Meneer was declared bankrupt because they were considered negligent in fulfilling their obligation according to the composition plan, which if we look in Indonesian Civil Code, on Article 1238 it’s stated that someone can only be said to be negligent if they do not carry out their obligations after the due date and have received a notice beforehand. And in this case, the composition plan’s due year is still in 2020 but in 2017, the debtor has already called negligent and declared bankrupt by the court. Therefore, while the research methods in this journal use normative research methods supported by interview data, this journal will examine further about the composition plan itself and the term of negligent in fulfilling the obligations according to the bankruptcy law.
ANALISIS PUTUSAN PENGADILAN NIAGA TERKAIT AKIBAT HUKUM PERMOHONAN PKPU YANG DIAJUKAN OLEH PIHAK YANG TIDAK BERWENANG (STUDI KASUS PUTUSAN PENGADILAN NIAGA PADA PENGADILAN NEGERI JAKARTA PUSAT NOMOR 24/PDT.SUS-PKPU/2018/PN.NIAGA.JKT.PST) Regina Nitami Kasdi; Suyud Margono
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.v2i2.7124

Abstract

Indonesia is currently developing a rapidly growing economy so that various kinds of debt problems arise due to efforts to increase capital or develop a business. One effort that can be done to resolve this debt and credit problem is to submit a bankruptcy application or PKPU if simple requirements are met as specified in Law No. 37 of 2004. PKPU is an effort made by debtors and creditors with the intention to propose a peace plan which includes offering the payment of part or all of the debt to creditors regarding the settlement of debts between them. In Law No. 37 of 2004 is specifically regulated regarding the party authorized to submit PKPU applications, namely in Article 222 Paragraph (1) regulated that the Parties that can submit PKPU requests are Debtors or Creditors, so PKPU requests may not be submitted by outside parties as specified in the law. Therefore, the problem raised by the author is due to the legal submission of PKPU requests submitted by unauthorized parties in view of Law Number 37 of 2004 Concerning Bankruptcy and Delaying Obligations for Debt Payment. Even though the law has specifically regulated the parties who can submit PKPU requests, there are still PKPU requests submitted by unauthorized parties. The legal consequence of a PKPU petition filed by a party outside of what has been specified in the bankruptcy law and PKPU is that such a request must be rejected by a court judge examining the case.
PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014 Yoki Kurniawan; 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.v1i1.2276

Abstract

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

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