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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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PENOLAKAN PERMOHONAN PERNYATAAN PAILIT PT RAMALDI PRAJA SENTOSA DI TINGKAT KASASI (STUDI KASUS: PUTUSAN MA NOMOR 196 K/PDT.SUS-PAILIT/2017) Indira Rizty Raihanna; Stanislaus Atalim
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.v4i1.12011

Abstract

A request for a bankruptcy statement can be filed by a debtor who has two or more creditors and does not pay off at least one overdue debt which can be billed and then declared bankrupt by a court decision. This study aims to determine whether the legal considerations of the Supreme Court judges in the Decision Number 196 K / Pdt.Sus-Pailit / 2017 who rejected the request for a bankruptcy statement by PT Ramaldi Praja Sentosa as the debtor were in accordance with the provisions of Law Number 37 of 2004 concerning Bankruptcy and Postponement. Debt Payment Obligations. This type of research used in this research is normative legal research. The legal considerations of the Supreme Court judges in Decision Number 196 K / Pdt.Sus-Pailit / 2017 were slightly wrong because the judge decided based on SEMA Number 2 of 2016 which requires creditor approval of the appointed curator as a formal requirement, where in law it only requires that an application for bankruptcy can be accepted if there are at least two creditors and one debt that has matured and can be collected. The additional requirement is proof of the debt, which must be simple. In this case the law does not require the approval of the creditors regarding the appointed curator. Therefore, the judge should have considered the requirements for bankruptcy petition that have been fulfilled in the Bankruptcy Law.
Perlindungan Hukum Bagi Pekerja Pada Perusahaan Outsourcing Dengan Status Perjanjian Kerja Waktu Tertentu Yang Dipekerjakan Pada Pekerjaan Inti Perusahaan Endry Loman; Andari Yurikosari
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.v3i1.8914

Abstract

This Paper is based on a study of the cassation verdict number 712/K/Pdt.Sus-PHI/2018 which canceled the decision of the district court at the previous level. This study aims to learn how to distinguish between the company’s core business and supporting business. It is done to achieve legal certainty, especially outsourcing so that the workers and companies are not disadvantaged. Besides, to find out where the application of the employment agreement is intended specifically for permanent jobs. In reality, the relationship between workers and employers is not by the words of the law. We cannot deny that the practice of outsourcing cannot be eliminated. During intense business competition and the advancement of the business world, no company can survive without outsourcing. In practice, outsourcing is considered a modern slavery, but on the other hand, outsourcing cannot be eliminated. The question arises, is our positive law, namely law number 13 of 2003, the ruling of the constitutional court number 27/PUU-IX/2011 and related ministerial regulations sufficient to protect workers as well as beneficial employers? Therefore, the most important things is to do law enforcement related to outsourcing and monitoring of the outsourcing practices to respond to the times without harming any parties.
ANALISIS KEWAJIBAN PENGAWASAN NEWS PORTAL TERHADAP KOMENTAR PUBLIK DI DALAM KOLOM KOMENTAR (Studi Perbandingan Di Indonesia Dan Di Uni Eropa) Nisa Harashta; 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.v3i2.10614

Abstract

Indonesia and member countries of the European Union already recognize and have a news portal. News portals do not have a definition, but news portals are included in web portals that provide news content. Normative legal research methods. Based on the research results, if there are negative comments in the comments column on platform their, then the news portal platforms in both Indonesia and the European Union are not responsible. Both in Indonesia and in the European Union continue to monitor public comments in accordance with applicable regulations. The similarity between these two countries is that if the news portal platform continues to monitor public comments and will delete these comments, but it cannot be monitored because of the large number of incoming comments, the news portal platform provides a means to report bad comments. or deviating from the applicable rules. If after reporting to the news portal platform, it does not benefit both parties, a settlement can be made out of court or in court. Everyone who wants to comment in the comments column is free to express their opinion, by paying attention to the language used is not negative. The difference is the responsibility for the openness of public comments with the protection of Indonesia's personal data using the APEC standard Privacy Frameworks, while for the European Union it already has GDPR.
EFEKTIVITAS PELAKSANAAN PERATURAN DAERAH NOMOR 7 TAHUN 2013 TENTANG PENGELOLAAN SAMPAH DI KABUPATEN KARIMUN, PROVINSI KEPULAUAN RIAU Rosalinda Rosalinda; Tundjung Herning Sitabuana
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.v3i2.10582

Abstract

A clean and healthy living environment is a necessity for all mankind and receives serious attention from all countries including Indonesia. But in reality The condition of garbage disposal in Karimun Regency is very concerning even though the Regional Government of Karimun Regency has issued Regional Regulation Number 7 of 2013 concerning Waste Management. How effective is the Regional Regulation of Karimun Regency Number 7 of 2013 concerning Waste Management in Karimun Regency, Riau Islands Province? This research was conducted by legal research methods for academic purposes.The results of this study, namely the effectiveness of the Karimun Regency Garbage Management Regional Regulation, experienced the highest obstacles in the coaching section, where the Sanitation Office had not succeeded in conducting socialization which then had a sustainable effect, namely the local community was not aware of their rights and obligations when participating in Waste Management in the Karimun Regency area. The central government should carry out a survey to examine the factors that hinder the fulfillment of the Waste Management Regulation. From the survey, it is possible to make improvements to the existing waste management regulations, such as a new socialization mechanism and other provisions such as higher dues.
ANALISIS KEYAKINAN HAKIM DIDALAM MENJATUHKAN SANKSI PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN (CONTOH KASUS PUTUSAN NO. 35/PID.SUS-ANAK/2020/PN LLG) Tri Guntur Julianto; R Rahaditya
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.v4i1.12016

Abstract

The judge's confidence in handing down criminal penalties against the child as the perpetrator of criminal theft should best reflect justice and have benefits for all parties, both child and victim. The study aims to know how the judge's conviction in handing out criminal penalties against the child as perpetrators of a felony theft at rule number 35/ pid. Sus-child /2020/ pn has been consistent with the 2012 law number 11 on the child's criminal justice system and to find out if the judge is on ruling 35/ pid. Sus-Anak /2020/ pn.llg already passed criminal sanctions under the 2012 statute of 11 on the child criminal justice system. The type of research used in this study is normative-law research and USES primary law materials includes laws, secondary law materials of books, the study USES legislation approaches and case approaches related to the problems studied, the writer analyzes data by deductive methods. Judge's confidence in ruling 35/Pid. Sus-Anak/2020/pn.llg will be precise but in dropping criminal sanctions on children as criminal offenders is less appropriate because the judge in its sentence reflects justice restorative/ restorative justice justice and is based on principle in article 2 rule number 11 in 2012 about the child's criminal justice system. Therefore the judge should be in the casting of a criminal sentence against the child should reflect restorative justice and be based on the principle on the 2012 no. 11 year law on the child's penal system.
ANALISIS KEPASTIAN HUKUM TERHADAP HAK EKSEKUTORIAL OBJEK JAMINAN FIDUSIA YANG DIMILIKI KREDITUR PADA PASAL 15 UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 Angga Pratama; Endang Pandamdari
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.v3i1.8920

Abstract

The transfer of an ownership right based on trust is a Fiduciary Guarantee, so that the possession of the collateral object rests with the object owner. As a result of the possession of the object is at the Fiduciary Giver, often when the Fiduciary Recipient will exercise the executorial rights, sometimes the Fiduciary Guarantee object has been lost or damaged or changed hands, resulting in damage or decline in the value of Fiduciary Security goods because it is not maintained by the debtor, causing losses to creditors. However, there is a Constitutional Court Decision which does not necessarily have an executive power in the Fiduciary Guarantee certificate, and an agreement between the parties is required or legal action is taken in determining the breach of promise. Causing questionable legal issues, namely:How is the legal certainty of the creditor to the strength of the executive right contained in Article 15 of the Fiduciary Guarantee Law after the Constitutional Court Decision Number 18 / PUU-XVII / 2019. Based on the formulation of the problem, the normative juridical method is used. Based on the results of the study, it was found that Article 15 of the Fiduciary Guarantee Law was declared unconstitutionality by the Constitutional Court, and showed no legal certainty for creditors. This results in the removal of an easy mechanism that will make it attractive for creditors. The results of this study are useful for the Government of Indonesia in the future, so they can be more comprehensive.
TANGGUNG JAWAB INDONESIA TERHADAP PENCARI SUAKA INTERNASIONAL BERDASARKAN PRINSIP KEMANUSIAAN (STUDI KASUS PENCARI SUAKA INTERNASIONAL DI KALIDERES JAKARTA BARAT) Muhammad Gani Lukita; Ida Kurnia
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.v3i2.10620

Abstract

The problem of asylum seekers and refugees is a matter of human rights (HAM), as well as a problem in international law. In 1951 the United Nations created The Convention Relating Status of Refugees 1951 (Convention Concerning the Status of Refugees 1951).  Therefore, the Perpers regarding the Handling of Refugees from Abroad No. 125 of 2016. Even though this Perpres has been issued, it is still unable to complete the handling of asylum seekers and refugees in Indonesia, especially international asylum seekers in Kalideres, West Jakarta, where the asylum seekers are Not getting enough attention from the government. The formulation of the problem in writing this journal is How the responsibility of the Indonesian government in handling asylum seekers in Kalideres is seen from humanitarian principles. In this paper, the method used is a normative research method in which the author approaches legal principles. In this study the authors use legal sources, namely: the 1945 Constitution of the Republic of Indonesia, the Law of the Republic of Indonesia Number 37 of 1999 concerning Foreign Relations, Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration and Perpers regarding the Handling of Refugees from Outside. Negeri No. 125/2016, as well as The Convention Relating Status of Refugees 1951. From those problems, the authors conclude that the handling of asylum seekers and refugees is an obligation for the Indonesian government, because human rights are an obligation mandated by the 1945 Constitution of the Republic of Indonesia and international law.
PERLINDUNGAN HUKUM KONSUMEN TERHADAP PEREDARAN PRODUK PANGAN KEMASAN TANPA TANGGAL KADALUWARSA DAN KEMASAN CACAT (STUDI KASUS PUTUSAN NOMOR 66/Pid.Sus/2017/PN. Ktb) Grace Riana Yudistira; 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.v3i1.8926

Abstract

Food is a basic human needs that is necessary to be fulfilled. Consumer when consume food product must be considered about the basic ingredients are contained, nutrient content, how the food process is, storage, packaging, and the expire date of the product. On the end of 2017, there was a case about a Mini Market that sold some products without an expire date on the food packaging and the food packaging were damaged. Food Packaging is a material that is used for wrapped the product, whether get in touch with the product directly or not. Good packaging purpose are to protect the food and prevent the damage. Therefore, it is very important to have an expire date and have a good packing. Expired means time has passed or time is running out of time. Just as determined and when the expired food was consumed it can harm the Consumer's health. The Author in this study is using a method that based for academics needs. The author analyzed that the seller was violating regulations that are prohibited for business seller and violating consumer’s rights. This case is against the regulation of the consumer protection based on the Law number 8 of 1999. The consumer protection purpose was made to create a consumer protection that contained legal certainly elements and opened information.
TANGGUNG JAWAB PELAKU USAHA BERKAITAN DENGAN PENJUALAN BAHAN MAKANAN KADALUWARSA DAN TIDAK MEMENUHI STANDAR YANG DITENTUKAN (STUDI PUTUSAN PENGADILAN NEGERI JEMBER NOMOR 258/PID.SUS/2018/PN.JMR.) Darren Marvel; Tundjung Herning Sitabuana
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.v3i2.10625

Abstract

Currently there are still many packaged food products circulating on the market that do not meet the specified standards, namely not including expiration date, composition, net weight and name and address of producers, so this is endangering consumers. The problem faced in scientific writing is how the responsibilities of business actors with regard to the sale of expired foodstuffs and do not meet the specified standards (Study of the Jember District Court Decision Number 258 /Pid.Sus/2018/PN.Jmr.) The research method used in scientific writing is normative legal research. The results of the research show that the responsibility of the business actor in relation to the sale of expired foodstuffs does not meet the specified standards (Jember District Court Decision Study Number 258/Pid.Sus/2018/PN.Jmr.) Is that the business actor is responsible for his mistakes as regulated Article 8 paragraph (1) UUPK and Article 19 paragraph (1) UUPK state that: "Business actors are responsible for providing compensation for damage, pollution and / or loss to consumers due to consuming goods and / or services produced or traded. " The principle of responsibility adopted by Indonesia based on the UUPK is the principle of presumption of liability, with a reverse proof system. According to this principle, business actors are considered guilty and must provide compensation to consumers, until they can prove that they are innocent.
DISPARITAS PUTUSAN HAKIM DALAM PERKARA KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN HILANGNYA NYAWA ORANG LAIN (STUDI PUTUSAN NOMOR: 424/PID.SUS/2018/PN.AMB DAN PUTUSAN NOMOR: 494/PID.SUS/2018/PN.AMB) Adithia warman; R Rahaditya
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.v3i2.10587

Abstract

Disparity of sentencing in law enforcement be perceived often occurs, as an example existence disparity of sentencing on criminal act in the traffic field and road transport between Court Decision Number: 424/Pid.Sus/2018/PN Amb and Court Decision Number: 494/Pid.Sus/2018/PN Amb. The issue of disparity of sentencing appears because regulation of criminal law in Indonesia is still not optimal. Other than that, factors that come from the judges themselves can trigger the emergence of this disparity of sentencing. Referring to the problem, the writer conducted research by using normative methods and also supported interview data from some interviewees. The research result shows that the law in effect in Indonesia at this time still needs some renewal in order to minimize disparity of sentencing, as an example be required to regulate the purpose of sentencing, the guidance of sentencing, or regarding the existence of a special minimum of sentencing. Other than that, the integrity of judges must also get attention. Judges are required to always obey existing laws and regulations, and pay attention to the values that live in society, in order to uphold legal justice and also legal certainty and legal benefit.

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