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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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POLEMIK KEWENANGAN MAHKAMAH KONSTITUSI MENGUJI PERATURAN YANG MENGATUR EKSISTENSINYA Brandon David; Diva Anastasya Suharto; Leslie Kwek
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10561

Abstract

Constitutional Court’s authority as a state institution that was created through the fourth amendment of the 1945 Constitution is mandated in paragraph 24C of  1945. Contitution essencially, Constutional Court’s has been given a role as a patron of constitution. Since Constitutional Court’s is the only one that has authority to review law to the state institution.Constituional Court’s has various functions, including performing constitutional review, where it ensures that legislation complies with the Constitution, including the human rights provisions, and can invalidate legislative provisions that it finds to be unconstitutional.Under this authority, everyone is allowed to bring unconstitutional statutes before the Constitutional Court’s. Accordingly the Controversy regarding the constitutional Court’s authority arises to do a review of Constution in Constitutional Court’s. The Controversy is based on contradiction between to formal legal principles, which the two are binding. This article then concludes with an analysis of the controversy on constitutional Court’s authority issues that remain.
ANALISIS TERHADAP SYARAT KEPAILITAN PADA PASAL 2 AYAT (1) Jo. PASAL 8 AYAT (4) UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (STUDI KASUS PUTUSAN NOMOR 05/Pdt.Sus-Pailit/2019/PN Niaga Jkt. Pst) Andre Kiemas; Ariawan Gunadi
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10566

Abstract

At this time bankruptcy is very important in the business world. In the business world there must be debtors and creditors. To protect the interests of creditors and debtors, a bankruptcy law is required. This bankruptcy originates from the debtor's inability to pay bills, but in practice it is often the debtor's unwillingness to pay debts that are due and can be collected, so bankruptcy laws are needed to protect both parties, both debtors and creditors. This application for a bankruptcy statement can be submitted by creditors or debtors to the head of the court, so the judge in charge of bankruptcy cases is the panel of judges in the commercial court. In proving bankruptcy in a commercial court, the proof must be done simply or follow the simple proof principles listed in Law Number 37 Year 2004 concerning Bankruptcy and postponement of debt payment obligations. However, problems arise in how the conception of this simple proof occurs, because there is often inconsistency in the interpretation of the conception of simple proof, as well as problems regarding the presence of creditors mentioned in the trial whether they are obliged to attend or not in the trial of the bankruptcy case. So that the authors conducted research to discuss existing problems using normative research methods supported by interview data.
TINJAUAN YURIDIS TERHADAP PEMBATALAN PUTUSAN ARBITRASE BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM PENERAPAN HUKUM (STUDI PUTUSAN: PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR 149/PDT.SUS.BPSK/2016/PN.TNG) Aloysius Ryantori; Gatot P Soemartono
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12000

Abstract

The sale and purchase agreement does not always run smoothly, there are disputes that occur between consumers and business actors. Dispute resolved through the Consumer Dispute Resolution Agency (BPSK). BPSK decisions are final and binding, and can be immediately implemented However, business actors often do not implement the results of the BPSK decision and file an objection to the District Court. The main problems are: 1) How is the implementation of the law Article 54 Paragraph 3 Law Number 8 of 1999 concerning Consumer Protection at decision number 149 / Pdt.Sus BPSK / 2016 / Pn.Tng in realizing the principle legal certainty? 2) How is the juridical analysis of the position of the verdict District Court number 149 / Pdt.Sus BPSK / 2016 / Pn.Tng received a verdict arbitration number 13 / BPSK-TANGSEL / XII / 2015 which is final and binding? The author examines this problem using the method normative legal research and uses a statutory approach, a case approach and a conceptual approach. Research data shows that the BPSK decision has no legal force still, because the Consumer Protection Law (UUPK) opens the option to submit an objection attempt to the District Court. As is the attempt to object to this authorizes the District Court to cancel the BPSK decision. The government should have immediately made more concrete regulations to clarify the existence of BPSK so that the results of BPSK decisions can be implemented more effectively.
PENERAPAN KLAUSULA BAKU PADA PERJANJIAN PENGIKATAN JUAL BELI APARTEMEN SAHID RESIDENCE OLEH PENGEMBANG BERDASARKAN UNDANG UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (Studi Putusan Nomor 53/PDT.G/2016/PN.JKT.PST Juncto Putusan Nomor 641/PDT/2016/PT.DKI) Jessica Francis Gunawan; Siti Nurbaiti
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8903

Abstract

Accommodation is one of the physiological human needs that are required for survival. In Indonesia, the accommodation type available for its people are apartments.  There are several essential steps to be done prior to purchasing an apartment, such as Purchase Binding Agreements, which includes Standardized contract or Standardized Agreement. The written agreements are commonly created one-sidedly by the supplier and customers are often only accepting the agreements as they are unable to reject or to revise the content of the said agreements due to many unfamiliar vocabularies and often without any further explanations. This has put many customers into great disadvantages.Tiur Simamora is one of the victim of the above issue and is still unable to obtain the Deed of Sale and Purchase until the present time. The supplier included numerous unfamiliar vocabularies in the written agreement and did not include the specific date for the release of Deed of Sale and Purchase. While this has caused significant disadvantages for Simamora, the verdict of the District Courts ruled that the supplier was acquitted. According to the court, the supplier is not guilty by using many unfamiliar law terms in the agreement. However, the supplier has violated the Consumer Law and Simamora’s right as a consumer. Simamora’s case has been recorded by the District Courts under the case number: 53/PDT.G/2016/PN.JKT.PST.
AKIBAT HUKUM TIDAK DIBAYARKAN PREMI ASURANSI JIWA OLEH PEMEGANG POLIS KEPADA PERUSAHAAN ASURANSI (KASUS MOLLY SITUWANDA DAN PERUSAHAAN ASURANSI JIWA PANIN DAI-ICHI LIFE) Kenneth Kenneth; Mella Ismelina F.R.
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10604

Abstract

In an insurance agreement, both the policyholder (the insured) or the insurance company (the insurer) have their respective rights and obligations which are contained in the insurance policy. The policyholder himself has the main obligation, namely to pay the premiums to the insurance company in accordance with the amount and time of payment specified in the insurance policy. If the policy holder is negligent in carrying out his obligations, it will cause his insurance policy status to enter into a lapse state. When the insurance policy goes into a lapse state, the policyholder has the potential to lose the rights that he should have received from the insurance program he participated in. This happened to Molly Situwanda as the beneficiary of her husband's life insurance policy, Astiang. This life insurance policy was issued by the Panin Dai-Ichi Life Life Insurance Company in 2010. In 2016, on December 28, 2016, to be precise, premium payments for Astiang's life insurance policy were no longer made by him, which resulted in the policy being entered into a lapse. However, at that time the investment / unit value was able to cover the premium costs up to October 15, 2018. After that date there were no more premium payments made by policyholders, which resulted in Astiang's life insurance policy going into lapse status or being inactive.
KEPASTIAN HUKUM DAN AKIBAT HUKUM TERHADAP PEMUTUSAN HUBUNGAN KERJA KARENA PENOLAKAN MUTASI OLEH PEKERJA (STUDI KASUS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR 461 K/PDT.SUS-PHI/2017) Vania Safira Putri; Ahmad Redi
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10571

Abstract

As living beings, people have to have various needs that shall be fulfilled to sustain their life. Every people shall work to fulfill their necessities of life. People may work by being an entrepreneur or as an employee to work for any employer. Sometimes, the employer gives an order to mutate an employee from a position to another. But often, the mutations gives are not in accordance with the employee’s skills and passions resulting in the mutation refusal from the employee. As a result of the refusal, often the employee is considered not obey a working order given by the employer, the employee is considered not carrying out the work order and may be subject to sanctions, including Termination of Employment. The result of the study reveals that there is legal uncertainty in the regulation with regard to whether or not a refusal of mutation by an employee shall be used as a valid reason to terminate the employee. Furthermore, it can result in a contradiction between one court decision and another.
EFEKTIFITAS PERATURAN MENTERI HUKUM DAN HAM TENTANG ASIMILASI NARAPIDANA KELAS I CIPINANG DALAM RANGKA COVID-19 Anna Maria Magdalenna Pridag; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12005

Abstract

In early November 2019 in the city of Wuhan, China, it was suspected that the beginning of an outbreak of a virus called severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) which came from imported frozen food raw materials that entered the wet market area of Wuhan City, but according to a study that has been conducted by experts which resulted that the covid-19 virus originated from a local case where covid-19 spreads around the world one after another by means of transmission which is called an import case from outside the area of origin or local transmission between residents while in Indonesia itself, the Covid-19 virus outbreak entered in early 2020, in which the virus attacks the human respiratory system regardless of human age. The covid-19 virus causes distance between humans and another which causes many countries to make a policy, namely lockdown, while the Indonesian government makes policies in the form of Large-Scale Social Restrictions (PSBB). This PSBB is a policy that must be obeyed by all citizens of the Republic of Indonesia, especially prisons, but the condition of correctional institutions in Indonesia is currently experiencing overcapacity, causing the Ministry of Law and Human Rights to make a policy, namely the Regulation of the Minister of Law and Human Rights.
PERLINDUNGAN KONSUMEN ATAS KETIDAKSESUAIAN INFORMASI TERKAIT KANDUNGAN BAHAN MAKANAN NON HALAL YANG DIPERDAGANGKAN DALAM PUTUSAN NOMOR: 429/PID.SUS/2019/PN.PDG Dwi Tiara Febrina; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8909

Abstract

Food needs are the main of human needs. Terms of the nature of fulfillment, food needs have a mandatory nature to be fulfilled. If food needs are not met, then human survival will be hampered. In general, urban communities cannot fulfill their food needs (buying, cooking, processing, and preparing food) independently. Communities in urban areas in general specifically, choose to buy food that has been made and provided by other parties which, in fact, are people who live side by side with one another, hence it appears that the expectation of food needs is met along with the completion of the activities owned every day. Needs like this too, become one of the reasons the object of food-producing production becomes an object of production which is quite promising for businesses as service providers to meet food needs. Honesty is the main principles Business Actors running business they do. Implementation of the principle of honesty is expected to build public trust as consumers in consuming the products of Business Actors. In reality on the ground, not all business actors implement one of the basic principles in trading their products to the public. The activity of mixing non-halal food content is a form of dishonesty of business actors, which often occurs in the community. This action provides a security threat to the rights of consumers in terms of obtaining clear information about the food content traded by business actors.
ANALISIS PENGEMBALIAN ASET TERPIDANA TINDAK PIDANA NARKOTIKA PADA PUTUSAN MAHKAMAH AGUNG NOMOR 250K/PID.SUS/2018 MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Dennis Nathanael Lempoy; Firman Wijaya
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10609

Abstract

Drug dealer Murtala Ilyas commits a crime of money laundering from the results of narcotics transactions. However, in the Supreme Court Decree No. 250K / Pid.Sus / 2018, the Supreme Court judge sentenced the Defendant to an 8-year prison sentence and a fine of Rp. 5,000,000,000 and the judge returns the Asset in the Value of Rp. 142,131,500,000 to the Defendant. The problem faced in writing this thesis is whether the return of assets convicted of narcotics crime in the Decision of the Supreme Court Number 250K / Pid.Sus / 2018 in accordance with Law Number 35 of 2009 concerning Narcotics. The research method used in writing this thesis is normative legal research. The results showed that the return of assets convicted of narcotics crime in the Supreme Court Decree Number 250K / Pid.Sus / 2018 was in accordance with the juridical basis namely the Criminal Procedure Code, Narcotics Law, and Government Regulation 40 of 2013, because the assets owned by the defendant amounted to Rp 142,131,500 (one hundred forty two one hundred thirty one five hundred billion), which is evidence number 11, 12, 13, and 14 (12 pieces of gold round rings, 14 rings of gold, 14 rounds of gold rings 8 pieces, and 1 piece of pendant) obtained before the delicti in casu tempus in 2009 until 2016 were returned to the defendant.
PELINDUNGAN HUKUM MEREK TERKENAL PUMA TERHADAP PEMBONCENGAN REPUTASI (PASSING OFF) OLEH MEREK PUMADA DIKAITKAN DENGAN PENERAPAN ASAS ITIKAD BAIK (ANALISIS PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NO. 10/PDT.SUS.MEREK/2020/PN.NIAGAJKT.PST.) Olivia Laksmono; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10576

Abstract

The multitude benefits of trademark in the course of commercial activity, especially for well-known trademarks often attracts ill-intentioned parties to use trademarks that are similar to trademarks that are already well-known in order to pass off their products as if belonging or has relation to the well-known trademark. One instance is the local trademark PUMADA passing off their own products as of the well-known trademark PUMA’s by using similar name and logo in their trademark. In accordance with the practice of good faith in trademark registration as stipulated in Article 21 paragraph (3) Law No. 20 of 2016 concerning Trademarks and Geographical Indications, the registration of the local trademark PUMADA should have been rejected. However, in reality the registration was actually accepted by the Directorate of Trademarks and Geographical Indication who’s responsible for the registration of trademark in Indonesia. Hence, raising the question as to whether the local trademark PUMADA has indeed pass offed its products as of the well-known trademark PUMA’s and how’s the legal protection for the well-known trademark PUMA against such act of passing off by the local trademark PUMADA in relation to the practice of good faith. This research was conducted using normative legal research method, and reveals that the local trademark PUMADA has indeed pass offed its products as of the well-known trademark PUMA’s and the legal protection for the well-known trademark PUMA against such act of passing off by the local trademark PUMADA can be found in the regulations, but unfortunately not in practice.

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