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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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TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN APARTEMEN LA CITY YANG TIDAK MEMPEROLEH UNIT APARTEMEN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Achmad Fazrin; 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.v3i1.8894

Abstract

Consumer disputes often occur besides consumers who do not understand their rights, also because of the position of consumers who do not meet the conditions where consumers are in a weak position. Apartments that accept customers do not accept apartment units that they buy, even though consumers receive approval as customers in good faith, the apartment units as agreed, then it belongs to PT Spekta Properti Indonesia apartments to the units. The formulation of the problem in this renewal is regarding business liability which is not submitted by the apartment unit to the customer based on law number 8 of 1999 concerning consumer protection. This writing uses legal research methods for academic purposes by requesting approval, the type of legal material used is primary legal material and is supported by secondary legal material namely interview data. The results of research on businesses undertaken are not responsible because consumers do not obtain apartment units that they buy, then based on Article 19 (1) UUPK which requires businesses to be responsible for consumer losses, compensation suffered by consumers based on Article 19 (2) UUPK. As a form of business accountability must submit apartment units purchased by consumers and comply with Article 19 (1) UUPK.
AKIBAT HUKUM PERJANJIAN PELEPASAN HAK DI BAWAH TANGAN SEBAGAI UPAYA MEMPEROLEH TANAH OBYEK SENGKETA DALAM PUTUSAN PENGADILAN NEGERI JAKARTA TIMUR NOMOR 133/PDT.G/2018/PN.JKT.TIM Jimmy Gunawan; Gunawan Djajaputra
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.v3i2.10557

Abstract

Land disputes are disputes over ownership or control between individuals, legal entities or institutions that do not have broad socio-political impacts. Buying and selling land must be done in a clear and cash. The problem faced in writing this thesis is how the legal consequences of the relinquishment of rights privately made as an effort to acquire land objects of dispute in the East Jakarta District Court Decision Number 133/Pdt.G/2018/PN.Jkt.Tim. The research method used in writing this thesis is normative legal research. The results of the study show that land rights have been transferred from the Seller to the Buyer, because Indonesia's national agrarian law adheres to customary law, in which the nature of buying and selling is clear and cash. On the other hand, the legal consequence is that it does not cause the disputed land to be acquired or owned by a third party named Jenny Tsin. Acquisition of land with a relinquishment of rights, relinquishment of rights must be carried out first through the land agency and then must be followed by a new application for rights in accordance with the allocation. Where there are rulesor procedures that must be followed, namely the relinquishment of rights must be carried out through a land institution, and there is a new application for rights, and then the land can be acquired / owned by the person who needs the land.
KEWENANGAN PERADILAN TATA USAHA NEGARA TERHADAP PEMBATALAN SERTIFIKAT HAK ATAS TANAH YANG DITERBITKAN SEBELUM DIUNDANGKANNYA UNDANG-UNDANG NO 5 TAHUN 1986 (ANALISIS KASUS: PUTUSAN MAHKAMAH AGUNG NO. 458/K/TUN/2017) Muhammad apriodi effendy; 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.v4i1.11079

Abstract

The State Administrative Court is one of the executors of judicial power for people who seek justice for state administrative disputes, the State Administrative Court is regulated in Law Number 5 of 1986, which becomes the object of the State Administrative Court is a written decision by a state administrative official (beschikking). that is, a written stipulation issued by a State Administrative Body or Official that contains a State Administrative Law action based on the prevailing laws and regulations which are concrete, individual and final in nature which give rise to legal consequences for a person or a Civil Legal Entity. This thesis research uses a qualitative approach and descriptive type. Land title certificate is one of the objects of the State Administrative Court but the UUPTUN does not clearly regulate the land title certificate issued before the enactment of the UUPTUN is an object of the State Administrative Court or not so it is necessary to have rules that clearly regulate this problem so that it can create certainty law. 
ANALISIS TERHADAP INTEGRASI VERTIKAL DITINJAU DARI PASAL 14 UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT (STUDI KASUS PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA NOMOR 13/KPPU-I/2019) Vanessa Widjaja; 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.v3i2.10562

Abstract

In competition law, vertical integration is known as a business strategy. Vertical integration is the merger of two or more companies into one vertically related company. If vertical integration is carried out with the intention of inhibiting business competition and the economy at large, it is contrary to Article 14 of Law Number 5 of 1999 regarding the prohibition of monopolistic practices and unfair business competition. Therefore, every vertical integration requires further research using the rule of reason approach to see how and the extent to which this integration has an impact on business competition. However, the application of Article 14 vertical integration in Indonesia often creates pros and cons because people's perceptions often differ in the interpretation of the article.Therefore, this research looks for a common thread in order to achieve clarity regarding the application of Article 14 of Law Number 5 of 1999 to be applied in a case of vertical integration.
ANALISIS TERHADAP DISPENSASI KAWIN YANG DIAJUKAN SENDIRI OLEH PEMOHON YANG BELUM CAKAP HUKUM (STUDI PUTUSAN : NOMOR 198/Pdt.P/2018/PA.Pwd). Bunga Sakura; Mia Hadiati
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.v4i1.11246

Abstract

Marriage is a strong and firm agreement to live together legally between a man and a woman where the ideal marriage is a marriage in which both partners reach sufficient age. However, when one of the partners or both parties do not reach the age for marriage, the next step is to apply for a marriage dispensation. In this paper, there is a problem that will be discussed, namely how the status of the prospective bride and groom as an exempted marriage dispensation applicant.The purpose of this paper is to understand the status of the prospective bride and groom as an exempted marriage dispensation applicant. The research method used in this study is the normative research method. The research data was collected by means of literature study through the method of approaching laws and interviews. Then analyzed using qualitative analysis techniques. In terms of the status of the prospective bride and groom as an exempted marriage dispensation applicant is not legally competent. Child may not be the Petitioner in court because considering his age is still not legally competent. Court decisions made by judges have a major role in changing behavior and increasing legal awareness. It is necessary to have a common ground between the child protection law and the marriage law.
ANALISIS PEMENUHAN HAK RESTITUSI TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK (Studi Kasus: Putusan Nomor 116/Pid.Sus-Anak/2018/Pn.Kng) Mochamad Farhan Sutansyaddaafi; Mulati Mulati
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.v3i1.8899

Abstract

The formation of  Law No. 35 of 2014 concerning Child Protection has not yet had an impact on reducing the level of violence against children, especially cases of sexual violence. The Witness and Victim Protection Agency says there has been an increase in the number of cases of sexual violence against children that have occurred since 2016 from an initial 25 cases, increasing to 206 cases in 2018, the number continues to increase every year. The state is obliged to provide legal protection to its citizens, one of the forms presented by the state is restitution. However, in the effort to fulfill restitution, obstacles often occur, one of which occurs in Decision Number 116 / Pid.Sus-Anak / 2018 / Pn.Kng where victims of sexual violence do not receive restitution as mandated by Article 71D of the Child Protection Act. So that the problem arises how the fulfillment of the right to restitution of the crime of intercourse against children, the research method used is normative legal research for academic purposes supported by the results of the interview. The results of the analysis in this study are that there are still many obstacles such as unequal knowledge of law enforcement regarding the rights of victims. Law enforcers should pay more attention to matters relating to the rights of victims, because victims as the injured party for all things done by the perpetrators are entitled to receive restitution in accordance with the rights granted by law.
PERLINDUNGAN KONSUMEN ATAS KETIDAKJELASAN INFORMASI MENGENAI LUAS APARTEMEN BOGOR VALLEY RESIDENCE BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS: PUTUSAN NOMOR 161/Pdt.G/2016/PN.Bgr) Tahlia Tahlia; 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.v3i2.10567

Abstract

Consumer protection is an effort to guarantee legal certainty to provide legal protection for consumers.  consumer protection as the right of every consumer to use a good or service.  as in the case of housing or settlement is a basic human need and has a very strategic role in shaping the character and personality of the nation.  The construction of flats is an alternative because the construction of flats can reduce land use.  However, in implementing it, it must be able to support the growth of a place to live as a good living environment.  Thus consumers get protection, so that consumers get comfort, security, safety in consuming goods or services, the right to choose goods or services in accordance with the exchange rate and conditions and guarantees promised.  In apartments, consumers have the right and obligation to consume goods or services in accordance with what the business actor offers.  The purpose of this study is to find out and further examine the form of consumer protection for the obscure information on the area of Bogor Valley Residence apartments.
TANGGUNG JAWAB NEGARA INDONESIA DALAM MELINDUNGI HAK PEKERJA MIGRAN INDONESIA (STUDI KASUS: PARTI LIYANI MELAWAN CHAIRMAN DARI CHANGI AIRPORT GROUP) Isabella Sharon Massie; Gatot S 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.v4i1.12001

Abstract

Alluding to Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers (IMW), one of IMW's rights is to obtain legal assistance, each IMW is also obliged to follow the procedure and meet the requirements stipulated. Referring to the Decision of the Singapore Public Prosecutor v Parti Liyani District Court [2019] SGDC 57, a housemaid named Parti Liyani was slandered and reported to the police by the family of her former employer, who was an influential person in Singapore. This action was deliberately done to prevent her from filing a report to the Ministry of Manpower (MOM) Singapore, related to what was done by the family. Sentenced to 26 months' imprisonment for an act that Parti did not commit, Parti applied for a remedy. Singapore High Court Judgment [2020] SGHC 187 Magistrate's Appeal No 9068 of 2019/01 Between Parti Liyani and the Public Prosecutor stated that Parti was acquitted from her sentence because it was not proven. Parti was assisted by a pro-bono lawyer and an NGO called HOME, not by the State of Indonesia. The author analyzes thoroughly using normative legal research methods. Based on the research results, the legal protection provided by the State of Indonesia for Parti is to establish communication to supervise the development of the case. Furthermore, the Indonesian State couldn’t carry out its responsibilities in accordance with Law Number 18 of 2017 concerning PMI Protection, because Parti is not a PMI procedural.
TANGGUNGJAWAB ADVOKAT DALAM PENEGAKAN HUKUM TERKAIT KESALAHAN PENGAJUAN TERHADAP KUMULASI GUGATAN DI PERSIDANGAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI NOMOR 687/PDT.G/2018/PN.JKT.UTR DAN 373/PDT.G/2018/PN.JKT.BRT) Athalia Christine Lamretta Boru Simbolon; Ning Adiasih
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.v3i1.8904

Abstract

Responsibility is an act of self-awareness of every human being towards all behaviors and actions that are done intentionally or unintentionally. Responsibility also applies to every Advocate in operating their noble profession. However, in reality, not a few people who work in the advocate profession are often unable to uphold the ideals of the profession itself. In practice, in a court of law, there are not a few clients who suffer losses due to the inaccuracy of advocates used by these clients. As in the cumulative law case filed there is a case which judge opinion considered as a vague suit so that it was declared unacceptable. The failure of the advocate in handling a case may occur due to several reasons, namely because the advocate does not have good qualifications to handle cases in the field of law or the advocate does not have a good track record in advocacy, including concerning ethics, morals and honesty. Based on research that has been done, it can be concluded that advocates in law enforcement are responsible to God, to the Ethics Code, to the Law, and to the Community. The provisions on the application of the cumulative lawsuit at the trial have a close relationship, there is a legal relationship and the compatibility between Posita and Petitum. It is expected that every litigate party can be more careful in submitting legal remedie.
ANALISIS PENERAPAN PERJANJIAN INTERNASIONAL MEREK TERHADAP MEREK TERKENAL DI INDONESIA Sabrina Aurellia; 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.v3i2.10605

Abstract

There are several viewpoints in determine a mark is a well-known trademark. Viewpoints gives confusion for the authorities in determining a well-known trademark. Well-known trademark as one of intellectual property rights has the right to be protected. Protection needs legal certainty. In order to provide legal certainty, the World Intellectual Property Organization initiates to establish international agreement, such as Paris Convention for the Protection of IndustriaI Property, The Agreement on Trade-ReIated Aspects of InteIIectual Property Rights 1995, and the Trademark Law Treaty. Indonesia as a member of the World Intellectual Property Organization ratifies the international agreements. The international agreement also became the basis of Indonesia’s intellectual property law, including well-known trademarks. The legal certainty in Indonesia for well-known marks can only be achieved with regulations and verdicts. Well-known mark is regulated in Act Number 20 Year 2016 and the Regulation of the Minister of Law and Human Rights Number 67 Year 2016. In fact, Indonesia’s regulations and verdict are not enough to hold off well-known mark cases. One of the cases is Sentence Number 04/Pdt. Sus.-Merek/2019/PN Niaga Jkt. Pst. AUTUMNPAPER LIMITED as the owner of the brand “ALEXANDER MCQUEEN” filed a lawsuit in 2019 to determine that “ALEXANDER MCQUEEN” is a well-known trademark in Indonesia. AUTUMNPAPER LIMITED also filed a lawsuit to cancel the registration of “MC QUEEN” in Indonesia based on Indonesia’s Act and Regulations.

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