Jurnal Hukum Adigama
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.
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<![CDATA[PERLINDUNGAN HUKUM TERHADAP KONSUMEN TRANSPORTASI BERBASIS ONLINE YANG MENGGUNAKAN DRIVER CADANGAN ]]>
<![CDATA[Stefani Erlina Halim]]>;
<![CDATA[Siti Nurbaiti]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i2.2753
<![CDATA[Logistic or transportation, including online transportation is an essential aspect in every day’s life. Technology advancement has promoted the introduction of online transportation in Indonesia. However, there is no clear integrated regulation of online transportation including reserve driver. This research also to look at how online transportation company will be responsible on the consumer who used the service of ‘backup’ driver; and what is the legal protection of the consumer in order to protect consumer who had used the service of reserve driver. The method used in this research is normative research specifications, using secondary data and primary data as supporting data with the law approach. The result shows that online transportation customers with reserve driver cannot hold accountability to the online transportation company based on Article 19 of the UUPK and Article 192 UULLAJ, because the business owners are not public transport companies but are the application-based companies. In addition, online transportation also does not provide legal protection to passengers, including of reserve driver, consumers cannot sue the company under UUPK or UULLAJ, but consumers can sue the company under Article 1365 of the Civil Code. Hence, author suggests the government should issue a government-controlled regulation regarding online transportation including reserve driver which could result in the provisions usage of the carrier responsibility in accordance to the UULLAJ by online transportation. Furthermore, online transportation company must provide legal protection to ensure legal certainty for consumers by releasing regulations and sanctions for drivers who lend their account to other driver.]]>
<![CDATA[ANALISIS LIMITASI LOCUS DAN TEMPUS DELICTI DALAM DELIK PENIPUAN YANG TERJADI DI LUAR NEGERI (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 58/PK/PID/2018) ]]>
<![CDATA[Philbert Audric Deigo]]>;
<![CDATA[Dian Adriawan DG Tawang]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.9119
<![CDATA[This studies discuses the Analysist Limitation Location and Time of Fraud that Occurred Outside Indonesia using Supreme Court Verdict Number 58/PK/PID/2018 as the material of studies. Problem that arises is how does limitaion location and time of criminal act works if someone commit crime outside of Indonesia’s Juridiction? Investigator have to comprehend these two contituents because it’s a critical element that’s drive the criminal procedural law. In this era of technology fraud can be nowhere near the victims, therefore investigation going to take more effort and time. Investigator as the Government’s representative must have understood the principle in crime from all angle of aspect. Government especially diplomatic part must have realized this problem and have it solved a long time ago by proposing bilateral agreements to those country that have potential to become locus and tempus of criminal act, because the process take years only for ordinary fraud case that’s not have any complexity at all.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PEKERJA DALAM PERJANJIAN KERJA WAKTU TERTENTU DI PT. DASA WINDU AGUNG BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 859 K/PDT.SUS-PHI/2019) ]]>
<![CDATA[sandra carmelita]]>;
<![CDATA[Ahmad Redi]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.10994
<![CDATA[Legal protection for workers in a certain time work agreement at PT. Dasa Windu Agung has an important role to guarantee the main rights possessed by workers without discrimination to achieve the welfare of workers and their families. This research aims to find out whether the judges' considerations in the decision number 859K / Pdt.Sus-PHI / 2019 are in accordance with Act of The Republic Of Indonesia Number 13 year 2003 concerning Manpower and to find out the legal protection of workers in a certain time work agreement at PT.Dasa Windu Agung Based on Act of The Republic Of Indonesia Number 13 year 2003 concerning Manpower. The type of research used in this research is normative legal research and uses primary legal materials including laws, secondary legal materials in the form of books, using a statutory approach and a case approach related to the problems under study. The author analyzes the data with a deductive method. The judge's consideration in the decision number 859K / Pdt.Sus-PHI / 2019 was a little wrong because the nature of the job for the object of the job was permanent worker, this was because the job was the main job at PT. Dasa Windu Agung as production. Therefore, unituk get rights as workers are given legal protection in the form of wage protection, social security protection for workers and security protection for work.]]>
<![CDATA[KEDUDUKAN HUKUM PERJANJIAN SEWA BELI TANAH DAN BANGUNAN DALAM HAL PERALIHAN HAK ATAS TANAH DALAM PUTUSAN MAHKAMAH AGUNG NOMOR.931 K/PDT/2019 ]]>
<![CDATA[Maharani Harum Puspita Sari]]>;
<![CDATA[Mia Hadiati]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.9197
<![CDATA[Land is one of the basic needs of every human being, because humans usually need soil for their activities, and the soil grows through the utilization of natural resources on the surface of the earth. Life exists in most lands, which makes land an important part of human interests, so land is also necessary for the construction of houses as dwellings. Based on Article 28H paragraph (1) of the State Law of the Republic of Indonesia in 1945 (hereby called the 1945 Constitution), it governs that everyone has the right to live prosperously and live in a good and healthy region. The problems in this study can be formulated: How is the legal position of land and building lease agreements in terms of transfer of land rights in supreme court ruling No. 931 K/PDT/2019. Its contents are determined by PT PLN (Persero), employees of PT PLN (Persero) and Public Officials (Notaries), but the agreement made is not balanced between PT PLN (Persero) and its employees because of the difference between PT PLN (Persero) and its employees in the lease agreement that only benefits is PT PLN (Persero). It is best for employees of PT PLN (Persero) to be able to position themselves as buyers rather than employees, this is a better option, because in the eyes of the law buyers and sellers have the same rights.]]>
<![CDATA[ANALISIS TENTANG KEABSAHAN KEWENANGAN KEJAKSAAN NEGERI JAKARTA SELATAN DALAM PENYELESAIAN TUNGGAKAN IURAN JAMINAN BPJS KESEHATAN DI KOTA ADMINISTRASI JAKARTA SELATAN ]]>
<![CDATA[nurul oktavia agri]]>;
<![CDATA[Tatang Ruchimat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.11073
<![CDATA[The Civil and State Administration Attorney's Office, the Prosecutor's Office with a Special Power of Attorney (SKK), can work for and on behalf of the state or government both within and outside the court. A state attorney is called a lawyer who represents the state and government in cases of civil and state administration (JPN). In its implementation, the state attorney is fully utilized by government agencies, State-Owned Enterprises (BUMN) and Regional-Owned Business Entities (BUMD) to defend their interests in civil and state administrative cases. The results of this study indicate that in the settlement of unpaid corporate dues Social Security Administrators (BPJS) give special powers to the prosecutor's office in handling civil cases and state administration.. Social Security Administration when compared to the handling carried out under the criminal procedure law. So that the authors draw the conclusion that the power of the Attorney as state lawyer in order to save the wealth of the State or in order to restore and protect the interests of the community and legitimate government authority based on a Special Power of Attorney representing BPJS Kesehatan to resolve problems related to Employers who are in arrears for Health insurance contributions.]]>
<![CDATA[ASAS KEMANFAATAN DALAM TARIF PROMOSI YANG DIPERGUNAKAN OLEH GRAB INDONESIA BERDASARKAN KEPUTUSAN MENTERI PERHUBUNGAN NO 348 TAHUN 2019 TENTANG PEDOMAN PERHITUNGAN BIAYA JASA PENGGUNAAN SEPEDA MOTOR YANG DIGUNAKAN UNTUK KEPENTINGAN MASYARAKAT YANG DILAKUKAN DENGAN APLIKASI ]]>
<![CDATA[Hasian Doli]]>;
<![CDATA[Siti Nurbaiti]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8893
<![CDATA[Globalization brings changes to the progress of science and technology, especially in the field of transportation. Promotion as one of the marketing strategies has taken a big part in attracting the hearts and loyalties of public transport users to move to modern online-based transportation users. Effectiveness and efficiency are the main choices of the community in determining the mode of transportation given the high mobility in the community, especially the capital society. The transition of modes of transportation from conventional transportation to online transportation has caused various problems in the community, one of which did not reach the principle of usability in its implementation because promotional tariffs provided by online transportation service providers are too cheap. The government has issued Minister of Transportation Decree No. 348 in 2019 with the aim of reducing the risk of unfair business competition between driver partners and the realization of the principle of expediency. The existence of regulations governing upper and lower limit tariffs aims to create the principle of benefits as contained in the transportation law.]]>
<![CDATA[PENERAPAN ASAS TERANG DAN TUNAI DALAM JUAL BELI TANAH YANG MERUPAKAN HARTA BERSAMA DALAM PERKAWINAN (STUDI PUTUSAN NOMOR 1/PDT.G/2019/PN.LBT) ]]>
<![CDATA[Desvia Winandra]]>;
<![CDATA[Hanafi Tanawijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10556
<![CDATA[The sale and purchase of land principles in National Land Law is a transfer of land rights that are clear and cash. This means that the transfer of land rights carries out in front of an authorized public official and the payment is being done by cash and simultaneously. The problem of this research ishow to apply the principle of clear and cash in the sale and purchase of land which is a joint property in marriage in the Decision of the Lembata District Court Number 1/Pdt.G/2019/PN.Lbt. The research method used is normative legal research by examining literature through the statute approach and case approach. The result showed the sale and purchase of land in this case was not carried out clearly, because the implementation of the sale and purchase of land was unknown andnot approved by his wife even though the property’s certificate is written in the name of the husband, where the land is joint property. The sale and purchase of land is also not carried out by PPAT, even though the land has a Freehold Certificate which was made by Notary Public/ PPAT of Lembata Regency. Regarding the implementation of the cash principle, the act of buying and selling land are carried out by cash principle even though the payment is made three times, because cashis an agreement about the price, not the payment methods. The principle of clear and cash are important to be remembered in the act of buying and selling land.]]>
<![CDATA[TINJAUAN YURIDIS KEPEMILIKAN TANAH MELALUI JUAL BELI YANG DI KLAIM PIHAK LAIN (STUDI PUTUSAN PENGADILAN NEGERI CIKARANG NOMOR 28/Pdt/2019/PN.Ckr) ]]>
<![CDATA[amalya valensy]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.11078
<![CDATA[Holders of land titles have the right to use the land. Transactions and transfers of land rights in Indonesia at this time need to be carried out before the PPAT so that the transfer of rights can be registered at the land office as enacted by Government Regulation No. 24 of 1997 concerning Land Registration, so that the transfer of land rights can be carried out, the sale and purchase of land carried out by the parties must be carried out before the PPAT with the aim of avoiding legal problems. Based on the contents in this thesis, there is a problem, namely how land ownership through buying and selling claims by other parties. Furthermore, the research method used is literature study, the approach method used by the author is the statutory approach. The legal awareness of a society must be supported by its legal culture. Negligence, whether intentional or not, will lead to uncertainty over the status of ownership of the land rights. Problems arise as a result of the recognition of land ownership by other people. According to land law in Indonesia, this sale and purchase transaction needs to be carried out before the PPAT. To resolve disputes between plaintiffs and defendants. Based on the evidence provided from the parties and the defendant, the judge decided that the deed used as evidence for the recognition of the defendant's land rights was declared null and void along with the derivative deed. ]]>
<![CDATA[PERTANGGUNGJAWABAN BANK ATAS PELANGGARAN KERAHASIAAN DATA PRIBADI MILIK NASABAH YANG DILAKUKAN PEGAWAI BANK BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 10 TAHUN 1998 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 7 TAHUN 1992 TENTANG PERBANKAN ]]>
<![CDATA[Merta Merta]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.11245
<![CDATA[In conducting business activities, especially in banking, there are regulations whereby banks must provide correct, clear and honest information regarding the conditions and guarantees of goods and / or services as well as provide explanations for the use, repair and maintenance and also must not leak customer personal data. However, there is still leakage of customer personal data by bank employees. The main issues are: 1) How is the bank accountable for the confidentiality of customer personal data carried out by bank employees based on Law of the Republic of Indonesia Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking? 2) How to take legal remedies by customers for the management of confidentiality of customer personal data by bank employees based on Law of the Republic of Indonesia Number 10 of 1998 concerning Amendments to Act Number 7 of 1992 concerning Banking? The researcher examines the problem using normative legal research methods and uses an invitation-only approach, a case approach and a conceptual approach. Data from the incident research show that Maybank Indonesia must be responsible for the losses incurred by Winda D Lunardi as a customer. Maybank Indonesia should have provided clear and complete information to customers.]]>
<![CDATA[AKIBAT HUKUM PERJANJIAN JUAL BELI TANAH DENGAN HAK EIGENDOM YANG TIDAK DIKONVERSI (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 756 K/PDT/2019) ]]>
<![CDATA[Nathania Febriani]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8898
<![CDATA[Legal effect can arise due to legal events that occur from all legal actions, namely actions taken by legal subject towards legal object or any other consequences caused by certain events by the law in question. The agreement in the sale and purchase itself is a legal act that can lead to legal consequences, which seen in the case example by Supreme Court Verdict Number 756 K/PDT/2019. As the case indicated, a cancellation occurred through a decision in court by the judge because there was no proof of conversion of a former eigendom plot of land by the parties. Because any land with western rights that have not been converted since the conversion date has passed will be simultaneously transformed into state land, and the parties only have priority rights to plead their rights to the land. The research method used in this writing is normative legal research method by using both primary legal materials and secondary legal materials. From the results of the study, the cancellation in the sale and purchase agreement was obtained through the role and decision of the judge in the presence of the judge's power in adjudicating a case to uphold justice, if there was no evidence provided that the eigendom land had been converted, then the judge has the authority to cancel the sale and purchase agreement and decide that the party concerned can plead or request his rights to the land itself.]]>
