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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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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 CEPAT DALAM PERKARA PERBUATAN MELANGGAR HUKUM DI PENGADILAN NEGERI TANGERANG (Contoh Kasus: Putusan Nomor 498/Pdt.G/2016/PN Tng) Ezra De Artah Sasta; Ning Adiasih
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.v1i1.2146

Abstract

The purpose of this study is to know how the case process in the Tangerang District Court, how its application with the Supreme Court Circular No. 2 of 2014 in the acceleration of Civil procedure law cases in the Tangerang District Court from 2015 to 2017. By using normative juridical research methods, concluded: 1. The case process that occurred in the State Court as from the beginning until the judge's decision became the most effective alternative today. Because it can be seen from cases that have been systematic for the realization of justice. 2. The establishment of the Supreme Court Circular No. 2 of 2014 is very useful and provides basic guidance in the Tangerang District Court in the event of a speedy trial. However, in the practice of the Tangerang District Court on the issue of implementation in accordance with the Supreme Court Circular No. 2 of 2014 in the court environment does not go according to the hope of the formation of the regulation. There are some disputes that have passed the right time, although basically to deal with civil cases with the rules will not be long. Which makes the implementation of the quick principle does not apply well with the Supreme Court Circular No. 2 of 2014 in the Tangerang District Court. The rules used can not be implemented and can not be applied because they are not in accordance with the facts so that they are not in accordance with the rules and practices.
PERLINDUNGAN HUKUM TERHADAP HAK PEKERJA YANG DIPUTUS HUBUNGAN KERJANYA KARENA PEKERJA MENOLAK MUTASI PADA PT SANGGRAHA DHIKA (STUDI KASUS PUTUSAN NOMOR 210/PDT.SUS-PHI/2016/PN.JKT.PST) Sella Haryanto; 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.v1i1.2151

Abstract

Employees hold an importat role in a company. The importance of employees can be found in Article 32 of Indonesian’s Labor Law 2003. Article 32 stated that an employee’s mutation must be protected by the law and be subjected to their capabilities and abilities. Therefore the rights of employees are protected by the law. In reality it is difficult to implement the regulation that has been made. Employees mutation without concerning on their capabilities and abilties often happen. This often leds to the termination of contract between the parties involved which results in unfulfilled employee’s rights by the company. Related to the verdict of Central Jakarta Industrial Relations Court number 210/Pdt.sus-Phi/2016/Pn.Jkt.Pst the employee as the plaintiff was mutated to a ifferent field of work which is not his ability but instead the court’s verdict inflicted a financial loss to the plaintiff as the plaintiff didn’t obtain his rights in accordance of Article 156 of Indonesian’s Labor Law 2003.
Perlindungan Hukum Bagi Perempuan Korban Kekerasan Nonfisik Dalam Rumah Tangga Menurut UU No. 23 Tahun 2004 di DKI Jakarta Wenny Juliani; 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.v2i1.5282

Abstract

The Act Num. 23/2004 about the Abolition of Domestic Violence regulates about the provision of protection and restoration for victims, which are the must given to fullfil the victims’ right, and also the criminal sanctions for perpetrators. According to the Act, this kind of violence divided into four categories, There are physical abuse, psychic abuse, sexual abuse and household neglection. By taking some data about violence against women in Jakarta, the problems formulation for this journal are: What the form of legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta; and how the implementation of the legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta. The method that used to write this journal is normative legal research, which is supported by some interviews with parties who do work in the field of fulfilling women's welfare and rights. In the act Num. 23/2004 there are two types of protection, they’re temporary protection and protection based on court stipulations. On the implementation, from the very first time that the protection given until the recovery, each process involves professionals in their respective fields. It is important, so that the victim can get the immidiate and right treatment. However, the implementation of the provision of protection and restoration to the victims still faces various obstacles, both in terms of substance, structure, and culture of the community.
PERLINDUNGAN KONSUMEN PENGGUNA JASA KEUANGAN NON BANK DALAM PERJANJIAN PEMBIAYAAN (CONTOH KASUS: PERUSAHAAN PEMBIAYAAN PT ADIRA FINANCE VS KONSUMEN) Maria Natasya Shelyn; 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.v2i2.6618

Abstract

At present, consumers can easily have a vehicle with various waivers such as loans with 0% interest, free administration fees, installments with a small down payment and so forth. However, this causes problems, especially when consumers cant continue installment payments which lead to the forced withdrawal of collateral. The problem that the writer raises is how is the responsibility of non-bank financial service business actors in the example of a financing agreement in PT Adira Finance, what is the form of legal protection for consumers of non-bank financial service users if there’s a loss? What legal remedies can consumers of non-bank financial service users do if there’s a loss? The author examines cases with normative research methods. The data obtained by the author is that the finance company may not withdraw collateral without a confiscation letter and  the third party who seized the collateral must not be arbitrary, must first obtain a certificate from the Professional Certification Institute. Consumers, as stated in the financing agreement of PT Adira Finance, can only settle disputes either by deliberation and consensus or if they are not able to successfully settle in a district court in the creditor's office area or outside the court through the Alternative Dispute Settlement Institution (LAPS) that has been established by OJK. According to the UUPK, the responsibility that can be given by business actors to the detriment of consumers in this case is compensation for money / goods / services worth the price
TANGGUNG JAWAB RUMAH SAKIT MITRA KELUARGA KALI DERES ATAS TINDAKAN PENOLAKAN PASIEN YANG BERUJUNG PADA KEMATIAN DITINJAU DARI UNDANG-UNDANG NO.8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Andre Scondery; Ermanto Fahamsyah
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.v1i2.2738

Abstract

The hospital is a place where a person receives health services, where the hospital is a place that does not discriminate against a person in providing health services and this has been regulated by the Hospital Law, Health Act and also the Consumer Protection Act. But in reality there are still those who perform service actions by distinguishing the case of a Deborah baby who received a different treatment by the hospital so that the baby Deborah patient died of the treatment given by the hospital. The treatment is in the form of a hospital that does not carry out social functions based on the applicable law so that this action results in death to patients. This is caused because the family of Deborous patients cannot follow the request of the hospital which requires patients to pay the amount set by the house sick so that the hospital does not carry out actions according to social functions. In this case the hospital must be responsible for the actions it has taken.
ANALISIS TERHADAP PENETAPAN PENGADILAN AGAMA JAKARTA BARAT NO. 28/PDT.P/2017/PA.JB DALAM PENETAPAN DISPENSASI PERKAWINAN ANAK DI BAWAH UMUR DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM (STUDI KASUS PERKAWINAN ANAK ANTARA MUHAMAD LUKMAN DAN LINA YULIANTI) Sabrina Agatha Faustina; Mulati .
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.v1i1.2156

Abstract

The aim of a marriage according to the Law Number 1 year 1974 is an effort to build a happy and everlasting family based upon the Divinity of Almighty God. The law Number 1 year 1974 contains a principle which explains that both candidates for husband and wife should have already mature in physical and biological, in order to have a good and everlasting marriage without end up in divorce and to obtain a good and healthy offspring thereof. Paragraph 7 Article 1 of the law Number 1 year 1974 stipulated that a man had a right to get marriage if he has been 19 year old and for woman if she has been 16 year old. Even though this time limit of the age herein had been stipulated briefly and clearly, but in the fact it happen frequently that there are still many underage marriage to take place. The court could give a permit to get married and a marriage age dispensation herein through a court decision if he/she had fulfilled a prerequisite procedure and requirement as well. In this point, judge is the main determinant in giving the dispensations.
TANGGUNG JAWAB KOMISI PEMILIHAN UMUM ATAS HAK MEMILIH YANG TIDAK TERDAFTAR DALAM DAFTAR PEMILIHAN TETAP (STUDI KASUS DI DESA CIMEKAR KECAMATAN CILEUNYI KABUPATEN BANDUNG) Dany Yulianingsih; Rasji Rasji
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.v2i2.6682

Abstract

The general election regulated in constitution No 7 on 2017  in a manner implemented one, freely,secretly, and  fair is one important element because  in the general election apart from the mechanism for  selecting leaders to  guarate periodic chanfe in leadership. This is a manifestation of the from of political night of citizens. Because Indonesia is one of the countries which uphotls human rights (HAM). In a state responsibilities for  implementation and who registered the data  vote in pemilukada, updating vote data based on population data  prepared and submitted by the govermment for unregistered vote as potensial vote in the election can make a claim by the personality in a governing election in carry out on duty calling in conducting outreach and direction to the society, menkers of the public  who are  not registered on  the permarent votes list still can using it political right in the from  of the right to votr . that’s enogh to bring the identification card (KTP), passport or other identity that prones it is a local society or a move from another area. Letter as or transder letter for resettled residents from another regions. How ever this was not finish by election officials at the district level, so that the community still did’nt exercise their voting rights in the elections of 2015.
PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM PEMBATALAN PERJANJIAN JUAL BELI AKIBAT PERBUATAN MELAWAN HUKUM (CONTOH KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 523 K/PDT/2017) Angelica Natalie; 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.v1i2.2743

Abstract

There are differences between contract and tort laws, which lies in the issue of consent. Because in a contract, the parties need to enter an agreement knowingly and without being coerced for the contract to be valid, that means the parties are aware of the risk entailed and the outcome of the contract. Damages in contract claim usually happened because of mistakes or misunderstandings between the parties. On the other hand, the interaction in a tort is never based on consent. Torts generally involve an intrusion by one party into the privacy, health, profit and safety of the victim. In fact, if the victim consents to the tortious conduct, it can serve as a defense that will prevent them from recovering damages. However in Indonesia court of law, the judges accept to restore damages and even the cancellation of the agreement or contract between the parties due to tort, the judges in many cases have shown that they accepted tort as a reason for cancellation of an agreement, this provides legal protection for the parties in cancellation of the sale and purchase agreement due to tort, even if it’s not ensured that all contract cases can be solved this way or if it’s even lawfully right, as there is an important differences between tort and breach in contract, the case example can be seen on Supreme Court Verdict Number 523 K/PDT/2017 which verdicted undue influence causing a tort and cancelled the sale and purchase agreement between the parties.
PERGESERAN NILAI HAK WARIS TERHADAP ANAK LUAR KAWIN DIAKUI (Studi Kasus Putusan Nomor 239/Pdt.G/2015/PN.JKT.PST) Vidya Pradipta; Imelda Martinelli
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.v1i1.2161

Abstract

Illegitimate children that has been acknowledged are recognized as heirs who do not belong to the heirs class and cannot stand on their own but rather, they attach themselves to other heirs class. According to article 863 of the civil code law, outsiders are admitted to inheritance along with first heirs class is entitled to inherit 1/3 of those who should have been granted if they were legitimate children. In this case study, outsiders are recognized to have equal share of the estate with their legitimate children, indicating a distinction between applicable legislation and the development of values living in the community. The problem in this paper is how the shift in the value of inheritance rights to illegitimate children that has been acknowledged. The research method used is normative law research method, which is analyzed deductively. The results of the writing illustrate that there is a shift in the value of inheritance rights to illegitimate children that has been acknowledged where an illegitimate child that has been acknowledged is now recognized ‘equal’ as a legitimate child supported by argumentum per analogiam which analogies adopted child and the illegitimate child that has been acknowledged in terms of inheritance, three general precepts by Radbruch that prioritizes justice by observing the principle of fair equality of opportunity as long as it provides benefits and no harm to others, the theory of the legal system which not only refers to the substance of the law, but also see the culture or legal culture.
TANGGUNG JAWAB PENGANGKUT TERHADAP PENUMPANG YANG TIDAK TERDAFTAR DALAM MANIFES (STUDI KASUS JATUHNYA PESAWAT LION AIR JT 610 DI KARAWANG) Abimanyu Faiz Prajogo; 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.v2i2.6905

Abstract

Lion Air with fligh code JT-610 route Jakarta to Pangkal Pinang on October 29th, 2028 which crashed in Karawang Waters carrying 178 passengers, one child passenger, 2 babies, and 7 cabin crew. On the plane there are passengers who are not on the ticket or not registered. Issues issued are how the responsibility of the carrier in an aircraft accident that is not listed in the passenger manifest. The research method used in this thesis research is normative legal research. The results of the research prove that passengers who are not in the manifest may receive compensation, but only compensate for voluntary purchases. It may be possible to request ex gratia or voluntarily to buy a passenger ticket that cannot be ordered in the passenger manifest. However, based on information compiled from PT Jasa Raharja, checking the heirs or families of victims of the crash of the Lion Air JT 610 aircraft which were not equipped in the manifest of the aircraft could still receive compensation. In cases that substitute for consumer rights, caution is needed in analyzing who should be held responsible and asking for the responsibilities required for the parties concerned.

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