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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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TANGGUNG JAWAB HUKUM PELAKU USAHA TERHADAP TRANSAKSI PEMBELIAN BARANG ADANYA CACAT TERSEMBUNYI OLEH KONSUMEN (Studi Putusan Nomor Perkara 77/PDT/2018/PT.DKI) Eveline Wijaya; 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.v4i1.10850

Abstract

Transportation is a very important means for human life. There is a consumer buying interest in vehicles to meet their needs a day, which makes it easier tomovefromoneplacetoanother. In fact, the sellers in marketing or selling their products provide information in such a way as if the car sold has met the standards without any hidden defects or other shortcomings, thus encouraging consumers to buy based on trust alone. In this paper there are problems that will be discussed, namely how the legal responsibility of businesses against the existenceofhiddendefectsinthe goods sold and how dispute resolution steps that can be taken by consumers if harmed by the purchase of hidden defective goods. Legal settlements taken to resolve cases of hidden defects as a result of legal relationships between businesses and consumers as legal subjects of the parties to trade agreements in which the appropriate legal mechanism is through arbitration channels. The author hopes that businesses are obliged to refund the price of goods purchased by consumers and the appropriate legal mechanism is through arbitration because the settlement path the parties can determine for themselves the place of legal settlement and who will be the arbitrator and what solutions each party wants.
URGENSI PENEMUAN HUKUM OLEH HAKIM SEBAGAI UPAYA UNTUK MEWUJUDKAN KEADILAN DAN KEPASTIAN HUKUM DALAM PENANGANAN KASUS PENIMBUNAN MASKER DAN HAND SANITIZER DI MASA WABAH COVID-19 Febriawan Mahendra; 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.v3i2.10603

Abstract

Masks and hand sanitizers are items that are very much needed by the community to prevent and protect from the transmission of the Covid-19 Virus. However, the covid-19 outbreak has been used by irresponsible parties to seek profit by hoarding masks which resulted in scarcity of goods on the market. The police made arrests and charged the perpetrators with Law No. 7 of 2014 concerning Trade, however, the two types of goods are not the categories of basic and important goods so that the process of handling hoarding cases does not run properly, resulting in a legal vacuum. The legal consequence of not regulating masks and hand sanitizers in the case of stockpiling as a basic and important item will have implications for the law enforcement process in handling the crime of hoarding masks and hand sanitizers that cannot run optimally. Therefore, there is an urgency that can be taken by law enforcement officials to process hoarding cases through legal discovery by judges in court. In handling this case, the judge must make legal findings through extensive discernment by likening masks and hand sanitizers which are not categorized as essential and important items, but given the situation and conditions of the Covid-19 pandemic which require these two items to be considered or interpreted as important items. with extensive interpretation.
PERLINDUNGAN HUKUM DAN TANGGUNG JAWAB PELAKU USAHA ATAS HILANGNYA PAKET DALAM JASA LAYANAN PENGIRIMAN BARANG MELALUI PT JNE WILAYAH TANGERANG Witiyas, Bernadeth Filia; Anggraini, A.M Tri
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.v4i1.12036

Abstract

People at this time often carry out activities to send goods from one place to another using freight forwarding services and in Indonesia one of the most widely used goods delivery service companies is PT JNE.As time goes by, the relationship between PT JNE and the sender or recipient often finds problems such as lost packages of goods.In this paper, there are problems that will be discussed, namely how consumer protection as the use of goods delivery services according to the Consumer Protection Law and regulations related to the sector and how is the responsibility of PT JNE regarding the loss of packages due to negligence in the delivery process according to the Protection Law. Consumers and regulations relating to other sectors. The research method used in this thesis is normative legal research. The results of the author's research are the protection of consumers as users of goods delivery services and the responsibility of PT JNE is contained in the Consumer Protection Act, the Civil Code, the Commercial Code, and the Postal Law.The author hopes that business actors maintain the trust of consumers who have chosen to use or use products that are produced / produced obediently and are subject to applicable statutory regulations so that there is no incident where consumers are disadvantaged due to using their goods or services. Then, the government needs to provide counseling, provisioning and outreach for consumers and business actors so that they are more aware of their rights and obligations.
PEMBERLAKUAN ASAS KELESTARIAN DAN KEBERLANJUTAN DALAM PEMBUKAAN LAHAN DI HUTAN (ULASAN KASUS VONIS PENGADILAN NEGERI PEKANBARU DENGAN NOMOR 1215/PID.B/2016/PN.PBR) Tamada Xio Fortune; Mella Ismelina F. R.
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.v3i1.8952

Abstract

Woodlands are the breathing apparatus of this planet and a place to live for various animals and plants. Forest areas become areas that really need to be monitored and protected in their use. Indonesia has regulations to support the management as well as safeguard of forest areas in this country.  The regulation is Law of the Republic of Indonesia Number 32 Year 2009 focus on Environmental Safeguard and Administration. The regulation has the basis stated in the regulation to be the basis for the application of the law. The principle of sustainability and sustainability is intended to make everyone responsible for future generations and for each other in one generation by making efforts to preserve the carrying capacity of ecosystems and improve the quality of the environment. Law enforcement and enforcement of environmental destruction must be carried out based on these principles to control the damaged environmental conditions because it is related to future generations. Anthropocentrism theory proves that humans easily damage the environment because humans feel that humans are the center of living things. In practice, the implementation and enforcement of environmental regulations does not use the principles of sustainability and sustainability as a basis. The obligation to restore the environment to the depreciation done is not visible in the implementation and enforcement of these regulations for perpetrators of forest fires. Recovery of environmental damage is the implementation of the principles of sustainability and sustainability.
PERLINDUNGAN HUKUM TERHADAP INVESTOR PEMEGANG SAHAM PADA EMITEN DITINJAU DARI HUKUM KEPAILITAN DAN HUKUM PERSEROAN TERBATAS (STUDI KASUS NO.4/PDT.SUS.PEMBATALAN PERDAMAIAN/2019/PN.NIAGA.JKT.PST JUNCTO NO.1/PK/PDT.SUS-PAILIT/2020) Fernando Chandra; Mariske Myeke Tampi
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.v4i1.10989

Abstract

The capital market has a function as a means of financing that brings together investors as parties who have more funds with issuers, namely those who are in need of funds. The object that becomes an instrument in buying and selling activities on the capital market is in the form of securities which are often called securities. Legal protection for investors still has many weaknesses, both juridically normative and empirical. The number of regulations and legal regimes involved in the company bankruptcy event creates legal uncertainty for investor protection. Considering the failure of regulators to observe developments that occur or not adapting quickly to rapid developments, investors may abandon the capital market in Indonesia. In order to achieve the objectives of the capital market, namely to meet the needs of business players' funds, a legal protection mechanism is needed that can make potential investors feel safe investing in the capital market. Both the UUPM, UUPT and UUKPKPU regimes have provided an opportunity for capital market players, especially investors, to save their assets when bankruptcy occurs.
PENJATUHAN PIDANA BERSYARAT TERHADAP KECELAKAAN LALU LINTAS YANG MENYEBABKAN KEMATIAN DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 Raynold Rachwell
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.v3i1.9179

Abstract

The purpose of Indonesian Penal punishment is deterrence. In order to pursue that purpose, criminal law introduce conditional sentences written in Article 14a of Indonesian Penal Code. The reason of conditional sentences being build is to prevent criminal course inside jail. Minor criminal that have been put in jail could be trading criminal skill with the other major criminal inside the jail, which could be cause of failure in the Penal punishment purpose. Conditional sentences could be apply to any kind of crimes according to Penal Code, therefore conditional sentences could be apply to traffic accident lead to dead cases. In this research, Writer found that some cases of traffic accident lead to dead have been applying conditional sentences, however exceed the limit of maximum sentences in Article 14a of Penal Code, hence causing inconsequent of written regulation and application. However, judge of the modern day should be able to anticipate difference of value in society and the regulation that is not up to date. So that the judges can returned the verdict in order to find justice according to value that live in society although the rule should be broken. Writer research this problem using normative researching method supported by interview data of expert and analysis of court verdict. So Writer expect there will be renewal in Indonesia Penal Code in order to keep the legal certainty.
PERLINDUNGAN HUKUM BAGI PEMBELI SATUAN RUMAH SUSUN AKIBAT PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH DEVELOPER (STUDI PUTUSAN NO.485.PDT.G/2018/PN.JKT.SEL) Handy handy; Endang Pandamdari
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.v4i1.10995

Abstract

In 2014, the developer (developer) of the 45 Antasari apartment project located in the Cilandak area, West Cilandak Regency marketed apartment units in the form of apartments on a Pre Project Selling basis.In the sale of an apartment, the developer can do marketing before the construction is completed or commonly called the Pre Project Selling system, buying and selling must be written in the form of a Sales and Purchase Agreement. To make sales through pre-project sales, the developer must meet administrative requirements, one of which is a building permit. Moreover, because of sales and the purchase must be stated in the form of a Sale and Purchase Agreement, one of the conditions for getting a Sale and the Purchase Agreement is to have a building permit. Under construction of apartment developers too must have a permit to build a flat that is granted from the local government. But in reality,There are still apartment construction projects that do not have building permits, for example 45 Antasari Apartments. A building construction permit is needed to ensure the legal certainty of a building. Therefore, developer responsibility is required if he neglects someone's duties. With analysis, the authors suggest developer responsibility can be further elaborated, which will be further analyzed using normative legal research by examining existing primary and secondary legal materials collected and processed for the formulation of research conclusions.
ANALISIS PUTUSAN SELA TERHADAP PERMOHONAN PEMBAYARAN UPAH PROSES DALAM PENGADILAN HUBUNGAN INDUSTRIAL (STUDI PUTUSAN: PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR: 181/PDT.SUS-PHI/2016/PN.BDG jo PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR: 82/PDT.SUS-PHI/2016/PN.BDG) Yolanda Pracelia; Andari Yurikosari
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.v2i1.5184

Abstract

Based on Article 96 of Law No. 2 of 2004 concerning Industrial Relations Dispute Settlement states that in essence that if the Company is proven at the first session not to carry out its obligations under Article 155 Paragraph (3) Law No. 13 of 2003 concerning Manpower, the Judge may decide interim. In the Decision of the Industrial Relations Court Number: 181/Pdt.Sus-PHI/2016/PN.Bdg jo Decision of the Industrial Relations Court Number: 82/Pdt.Sus-PHI/2016/PN.Bdg, the Judge decides on the request for payment of process wages at interlocutory decisions and final decisions, thus raising problems, how is the legal certainty of the application for process wage payments in the Industrial Relations Court and how to prove in the request for payment of process wages in the Industrial Relations Court. This study uses normative legal research methods, which are prescriptive in nature, with methods of data collection in the form of library studies, and supported by the results of interviews with Labor Law Experts. The results of the study show that, first, legal certainty in the request for payment of process wages on interlocutory decisions must be logical and not cause doubt. Second, the evidence applied at the time of the Industrial Relations Dispute is not in accordance with the situation that occurred in practice, so that it burdens the Workers. In the decision of the Industrial Relations Court Number: 181/Pdt.Sus-PHI/2016/PN.Bdg jo Industrial Relations Decision Number: 82/Pdt.Sus-PHI/2016/PN.Bdg is not in accordance with the Laws and Regulations in Indonesia.
ANALISIS HAK WARIS ANAK ANGKAT BERDASARKAN HUKUM KEWARISAN ISLAM (STUDI KASUS PUTUSAN KASASI MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 417 K/AG/2016) Sabrina Salmaa; Imelda Martinelli
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.v3i1.9206

Abstract

Indonesia has 3 type of inheritance Law, namely Western Inheritance law, Customary Inheritance Law, and Islamic Inheritance Law. One of Islamic Inheritance Law regulation is about the heirs after the death of the testator and its regulated in Compilation of Islamic Law. Moreover, Compilation of Islamic Law also regulate the law for adopted child. The portion for adopted child have been stipulated in in article 209 paragraph (2) Compilation of Islamic law with 1/3 and should not be more. However, the verdict that used for this study material contained inconsistencies between Supreme Court in case number 417 K/Ag/2016 decision with Islamic Inheritance Law regulation. What are the inheritance rights for adopted children based on Islamic inheritance law? Author uses normative legal research methods and interview data as supporting data. The result of the study revealed that the Supreme Court judges use another theory called argumentum per analogiam which analogies the adopted child are equalized with biological child in this inheritance cases. Moreover, the supreme court also adheres to the principle of justice adopted by Rawls where this principle prioritizes the principle of the widest possible freedom and the principle of equality of opportunity. So that the adopted child gets ½ (half) of the inheritance. It is recommended that law enforcers pay more attention to the consequences caused by changes in the position of adopted children in inheritance law, such as paying attention to the consequences that will arise on the heirs of the heirs.
TANGGUNG JAWAB CAMAT DALAM PEMBUATAN AKTA JUAL-BELI TANAH DALAM KASUS PUTUSAN PENGADILAN NEGERI SUBANG NOMOR 13/PDT.G/2019/ PN SNG. renny talitha chandra; 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.v4i1.11074

Abstract

Temporary conveyancer (PPATS) is an officer who helps Indonesian National Land Office (BPN) in making land deeds that should be made by the authorized conveyancer (PPAT), those who have special legal education and are reliable in making land deeds. PPATS is a sub-district head  appointed by the minister through BPN because there is a lack of PPAT in certain areas. However, in this case from Subang District Court Decision case number 13/PDT.G/2019/PN.SNG, that there was negligence of the sub-district head, so there was a party with a good faith that suffered loss by the legal acts of the sub-district head. So, it becomes a question that what is the responsibility of the sub-district head in making deed of sale and purchase land in case Subang District Court Decision case number 13/PDT.G/2019/PN.SNG and what is the responsibility of the sub-district head which make one of the party that have a good faith that suffer loss in Subang District Court Decision case number 13/PDT.G/2019/PN.SNG that accordance with applicable law. This research used normative legal research, with the nature of qualitative research with the type of library research. The results of research about how responsibility of sub-district head to do their job as a PPAT with a responsibility and make a deed of sale and purchase land that make a loss to party that have a good faith and about the sufferer party can take a legal action against the sub-district head because of the loss that party got.

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