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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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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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PENEGAKAN HUKUM TERHADAP PELAKU PELECEHAN SEKSUAL DIBAWAH UMUR (Studi Kasus : Pelecehan Seksual di SMP X ) Madeleine Lie; Elisa Novianti; Windisen Windisen; Gavinela Clarissa; Ratu Shyfa N.C.
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.v4i1.12021

Abstract

Sexual harassment in Indonesia is rife, especially in educational institutions. This sexual harassment itself can be done by anyone, whether teachers, staff or students in the school. Sadly, cases of sexual harassment that occur in educational institutions in Indonesia are rarely investigated by schools or the authorities on the grounds that "things like this should be dealt with in a family way.", To protect the reputation of the school or think that by punishing the perpetrator then the perpetrator's future will be destroyed. As happened in a Catholic school in Pademangan, SMP. X where G (name suppressed) sexually harassed several female students (believed to be J, Y, and A (name also changed)) who were in the same class as him using various means via Whatsapp and the school only scold his parents instead of expelling him which is a pattern in this school even thou in the school’s rule book says that if the student did immoral behavior such as sexual harassment, then the student will get expelled.Since what G did was a criminal act, then G should have received a legal penalty. It's just that because he is less than 12 years old according to the SPPA Law, he is only returned to his parents and fostered by the social agency.
PENAFSIRAN HAKIM PENGADILAN NEGERI ATAS BARANG SITAAN TINDAK PIDANA UNTUK DIMUSNAHKAN Dimas Farlyanda Prathama; Firman Wijaya
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.v3i1.8931

Abstract

This research is motivated because confiscated goods that still have value should be appropriate to support those who are entitled in this case the representatives or victims who litigate and seek justice in court. The State and the Government are obliged to provide legal protection and provide equality from all classes of society, because all are equal before the law (equality before the law). The vonnis's fall was one of the most difficult things a judge had to change. The problem that will be discussed in this discussion is whether the consideration of the South Jakarta District Court Panel of Judges asks that a follow-up seized item cannot be discussed or must be destroyed? Subsystems of juridical meaning or legal system that are listed in a relatively intact system, carried away by their nature to meet the needs of the community make the system open. There are two structuring principles that build systems in the legal system, namely the principle of external or formal structuring and the principle of internal or material structuring. After completing this thesis, the researcher can conclude that the confiscated goods still have the value of benefits to compensate or save to save in accordance with applicable KUHAP rules.
PELINDUNGAN HUKUM TERHADAP INVENTOR PEMEGANG HAK PATEN TNI ANGKATAN DARAT DALAM PENDAFTARAN HAK PATEN DI INDONESIA Benedicta Angela Prasetyo; Christine S.T. Kansil
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.v4i1.10840

Abstract

The technological development of a country cannot be separated from the guarantee of intellectual property protection that applies to that country. Intellectual Property Rights or abbreviated HKI are equivalent to Intellectual Property Rights is a right arising from the thinking of the human brain which produces a product or process that is beneficial to humans. Patents are part of Intellectual Property Rights, which in this framework are included in the category of industrial property rights. This study aims to look at legal protection for inventors who produce inventions in the field of military technology. This type of research used in this research is normative legal research supported by interview data with experts. In this case, a military invention does not have a patent certificate because it has not registered it in a patent right, therefore there is no protection against this military invention. Until now, all of the technology in the Army cannot be patented, because there are no rules as to how to apply for such patents. In this case Peraturan Panglima and Peraturan Kepala Staf Angkatan Darat have not been regulated even though Article 109 of Law No. 13 of 2016 concerning Patents and Article 2, Article 3, and Article 4 of Presidential Regulation No. 77 of 2020 concerning the Procedure for the Application of Patents by the Government, a statement that, specifically for the military, which is managed by the Government, the government cannot conduct such Patents alone, the government will appoint a third party.
PERTANGGUNGJAWABAN BANK DALAM MEMBERIKAN GANTI RUGI TERHADAP NASABAH ATAS RISIKO OPERASIONAL (CONTOH KASUS PADA PT BANK MANDIRI) Sofwatun Nida; Jeane Neltje Saly
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.v3i2.10592

Abstract

In the current era of globalization, banks are one of the financial institutions entrusted by customers in saving their assets. In carrying out its activities, banks must comply with the rules and principles stipulated in Act Number 10 of 1998 concerning Amendments to Act Number 7 of 1992 concerning Banking. There are many phenomena that occur between banks and customers, one of which is the application of weak prudential principles, such as disruption of the bank system that causes changes in customer balances, there are some customers whose balances have increased and there are also customers whose balances have decreased, causing losses to customers. From this issue, what will be discussed is how the accountability of the bank to the injured customer with the aim of knowing what the customer should do if he feels aggrieved by the bank, and to know what can and should not be done by both parties. If the bank is proven to have committed an activity that caused losses to the customer, the bank is obliged to be responsible for and for damages.
PRAKTEK EKSEKUSI OBJEK JAMINAN FIDUSIA YANG HILANG DALAM PERKARA ANTARA M. NASIR DENGAN PT. OLYMPINDO MULTI FINANCE (CONTOH KASUS: PUTUSAN NOMOR 950/Pid.B/2019/PN Jkt.Pst) Malik Putra Eman; 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.v4i1.12026

Abstract

The execution of fiduciary collateral objects often experiences problems in the process. The loss of the collateral object is one of the obstacles in its execution. As in the example of the case where M. Nasri as the debtor has transferred the object of the fiduciary guarantee without the knowledge of PT. Olympindo Multi Finance as the creditor which causes the fiduciary collateral to disappear and causes difficulties in executing the collateral object. Constraints in the implementation of the fiduciary security object are in fact detrimental to creditors and cause difficulties in settling receivables due to default. In fact, the execution of the object of fiduciary collateral encounters various obstacles in practice, which of course can be found in the execution of the execution of the fiduciary guarantee object.
ANALISIS UNSUR ITIKAD BAIK PADA MEREK NAMA ORANG TERKENAL DALAM PASAL 21 UNDANG – UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 48/PDT.SUS/MEREK/2018/PN NIAGA JKT.PST) Iqbal Akbar Mandiri; Simona Bustani
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.v3i1.8936

Abstract

Based on the related trademark dispute that occurred in Indonesia and which the author will use as research material is the Supreme Court's Decision Number: 48 / Pdt.Sus / Trademark / 2018 / PN.Niaga.Jkt.Pst which checks and decides on the BENSU brand dispute. The Plaintiff's trademark is none other than the impact of public attention on the Plaintiff with the word BENSU attached to the Trademark, and therefore the Plaintiff has objected to the Plaintiff's registered trademark thereby making public opinion "as if" it was the Plaintiff's property. Based on the contents in this thesis, there are problems as to how the application of good faith elements to the famous brand BENSU in the Supreme Court's decision Number: 48 / pdt.SUS / Trademark / 2018 / PN.JKT.PST and whether the decision is in accordance with applicable laws The following are the following implementing regulations. The research method in this thesis is divided into 3: the type of research which uses normative or doctrinal research, that is, the research provides a systematic explanation of the rules governing a category, the nature of research which uses the normative nature of practical and prescriptive, types and techniques writing there are primary legal materials, secondary legal materials, tertiary legal materials.
ANALISIS PENERAPAN KONSEP GOING CONCERN SEBAGAI SARANA PERLINDUNGAN KONSUMEN DALAM PERKARA KEPAILITAN (Studi Putusan Nomor 77/PDT.SUS-PKPU/2020/PN.Niaga.Jkt.Pst) Maurizka Ananda Putri; Jeane Neltje Saly
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.v4i1.10845

Abstract

A business actor's dispute to a consumer arises when the business actor does not give the agreed consumer rights, the business actor does not have good faith and is dishonest to the consumer which causes the consumer to suffer losses. In addition, there is a bankruptcy decision imposed on business actors based on the Law on Bankruptcy and Postponement of Debt Payment Obligation Number 37 of 2004 which makes the business actor (bankrupt debtor) not entitled to his assets, then the assets will be managed by the curator. This situation makes consumers more disadvantaged because consumers are concurrent creditors whose repayments are carried out the last after preferred creditors and separatists. In the settlement of bankruptcy assets, generally confiscation and auction of bankrupt assets are carried out, however the going concern option or business continuity can provide a large portion of the protection of consumer rights which tends to be neglected. Going concern is a term commonly used in the accounting sector related to the financial statements of a company (entity) made by public accountants in a professional manner, in terms of going concern business practice it is used as a parameter in estimating the ability of an entity to maintain its business activities. within a certain period stipulated in Article 104 of the bankruptcy law. By implementing a going concern in bankruptcy, it can guarantee the fulfillment of consumer rights for apartment buyers.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG DIRUGIKAN AKIBAT PEMBATALAN SEPIHAK TRANSAKSI JUAL BELI OLEH PT SHOPEE INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (KASUS: IBU MAYA DI TAHUN 2018) Verren Andreas; Mariske Myeke Tampi
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.v3i2.10597

Abstract

Conventional buying and selling transactions have updated online buying and selling transactions, ranging from transactions between business actors and consumers from direct transactions to indirect transactions. Shopee is an online buying and selling site that is starting to develop in Indonesia. Consumers have rights that have been guaranteed by Shopee and the Government through laws or electronic contracts, but cases of consumers who are harmed still repeatedly occur in these electronic transactions. The formulation of the problem in this update is legal protection for consumers who suffer losses due to the cancellation of unilateral buying and selling transactions by PT Shopee Indonesia based on Law Number 8 of 1999 concerning Consumer Protection. The author in answering these problems uses normative legal research methods. The type of material that the author uses is primary data, secondary data, namely interview data and tertiary data. The results of the research on consumers who were harmed due to the unilateral cancellation of online buying and selling because Law Number 8 of 1999 concerning Consumer Protection has not clearly processed purchases virtually or online.
TANGGUNGJAWAB PELAKU USAHA ATAS INFORMASI YANG BENAR DAN JELAS ATAS PRODUK SUSU KENTAL MANIS MENURUT UU NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Steven Salim; A.M Tri Anggraini
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.v4i1.12031

Abstract

Some people are unable to fulfill their food needs to fulfill their children's nutrition completely. People generally choose to buy affordable food to buy. SKM products provided by business actors whose product content contains very high sugar with this content will cause obesity in the community. The purpose of this thesis is to find out the responsibility of the sweetened condensed milk business actors in the distribution of their products according to Law no. 8/1999 and what is the form of BPOM supervision of the circulation of sweetened condensed milk that provides protection to consumers according to the Consumer Protection Law. Therefore, responsibility and honesty become one of the main obligations for business actors in running their business. With the existence of this responsibility of Business Actors, it is expected to build public trust as consumers in consuming the products of Business Actors. In fact, not all SKM business actors carry out their responsibilities in trading their products in the community. Food content that is not good for consumption every day and lack of information on SKM is a form of neglect of consumer rights that often occurs in society. This action poses a security threat to consumer rights in terms of obtaining clear information regarding the content of food traded by business actors.
PERLINDUNGAN HUKUM TERHADAP HAK BURUH WANITA HAMIL MENURUT UU NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (CONTOH KASUS: PT X) Siti Syarah Armanida; 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.v3i1.8942

Abstract

A woman is guaranteed the right to return to the same position after her maternity leave. The need for legal protection for women workers who are pregnant but not treated properly and get rights in accordance with the provisions in the Manpower Act. The formulation of the problem in this study is how the legal protection for pregnant women workers who work at PT X based on the law and how to resolve violations of the law that occurs in pregnant women workers who work at PT X. The method used in this study is normative legal research.  Labor Law. Suggestions in this thesis are to the government through Parliament to immediately revise the Article in the Manpower Act concerning criminal and administrative sanctions that regulate violations of labor rights that do not get wages from maternity leave or miscarriage leave. Furthermore, workers, especially women, must be more careful in signing agreements to work together, whether their rights have been fulfilled in the agreement or not, in accordance with applicable regulations

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