Jurnal Hukum Adigama
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.
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<![CDATA[KEABSAHAAN SERTIPIKAT HAK MILIK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH ]]>
<![CDATA[Emerlanda Leticia]]>;
<![CDATA[Hasni Hasni]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i1.5248
<![CDATA[The certificate is a proof of ownership that is strong, this certificate comes from land rights which are the right to use and exploit the land which it occupies. Rights to land are also divided into Property Rights, Cultivation Rights, Building Use Rights, Use Rights, Rental Rights for Buildings, Use Rights and Temporary Land Rights. In this case the author will only explain the ownership rights related to legal issues, namely the right of ownership. Property rights are the strongest and most complete rights that humans can have. This right is obtained based on land registration. Own land registration is carried out by the authorized party, namely the National Land Agency. But in this case on the island of Pari, the certificate was declared maladministration by the ORI which caused the author to write about the validity of the certificate of land ownership based on law. With the formulation of the problem, how is the validity of the Certificate of Property Ownership according to uupa and Government Regulation Number 24 of 1997 related to the statement of maladministration by the ORI? and What are the legal consequences for certificate holders due to the administrative maladministration? By using explanatory research methods. In this case the researcher gets the result that in the process of land registration the measurement process is not carried out which is one of the requirements to obtain physical data and there is no announcements must be made because to provide an opportunity to file an objection.]]>
<![CDATA[Kepastian Hukum Dari Penerapan Ketentuan Batas Waktu Pengajuan Upaya Hukum Verzet (Studi Terhadap Putusan Pengadilan Negeri Jakarta Barat Nomor 9/Pdt.Plw./2017/PN..JKT.BRT. Jo. Putusan Pengadilan Tinggi Dki Jakarta Nomor 107/Pdt/2018/PT.DKI) ]]>
<![CDATA[Jonathan Santandrea]]>;
<![CDATA[Ning Adiasih]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i2.6529
<![CDATA[As state of law, Indonesia must guarantee legal certainty in all fields including the Civil Procedure Code. Legal certainty is achieved if the rule cannot be interpreted differently and is contained in the realization of the consistency of each judge's decision. The time limit for the submission of verzet has been regulated in Article 129 Paragraph (2) HIR. However, the verdict used as study material contained inconsistencies in the decisions of judges between West Jakarta District Court in case number 9 / Pdt.Plw / 2017PN.JKT.BRT. and Jakarta High Court in case number 107 / Pdt / 2018 / PT.DKI Both have different ratio decidendi. What is the legal certainty of applying the deadline for submitting verzet legal remedies? The author uses normative legal research methods and uses interview data as supporting data. The results of the study revealed that there was no legal certainty in the application of the time limit for submitting verzet legal remedies, especially in the condition of the verstek verdict being delivered to the defendant through the village head. The legal consequence is that there are variations in the decision dictum on this matter so that it harms the plaintiff and obscures the meaning of the verstek case which is said to have been inkracht van gewijsde. It is recommended that in the revision of the Civil Procedure Law there are specific guidelines on how to calculate the deadline for submitting verzet in terms of volunteering verstek to be entrusted to the village head.]]>
<![CDATA[Analisis faktor kesalahan sebagai unsur dolus dalam tindak pidana merampas nyawa milik orang lain dalam perkara no 328/PID/2017/PT.DKI ]]>
<![CDATA[Koko Joseph Iritanto]]>;
<![CDATA[Dian Andriawan Daeng Tawang]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i2.2735
<![CDATA[Koko Joseph irianto, (205130115), Faculty of Law at Tarumanagara University, with the title of the thesis "Analysis of the error factor as an element of dolus in a crime to take the life of another person in a case NO: 328 / PID / 2017 / PT.DKI ". Under the guidance of Mr. DR.DIAN ADRIAWAN, S.H, M.H. This study aims to analyze the legal arrangements regarding criminal acts of premeditated murder by a group of people in Decision Number: no: 328 / PID / 2017 / PT.DKI. This research was carried out in the city of Jakarta by selecting agencies related to this case namely in the Jakarta High Court. Data collection method used is documentation study method then the data obtained is analyzed descriptively qualitative so as to reveal the expected results and conclusions on the problem. The results of this study indicate that 1) Legal arrangements for criminal acts of murder have been regulated in general in the Criminal Code (KUHP). And the murder plans to be in article 340 of the Criminal Code 2) The application of the material criminal law to the perpetrator of the Murder criminal act is appropriate, as regulated and threatened with criminality in Article 340 of the Criminal Code. Judicial legal considerations in imposing death penalty on 2 and 1 prisoners for life of the defendants from 4 perpetrators who are still alive is correct. The conviction of the defendant was considered to have fulfilled a sense of justice for all parties.]]>
<![CDATA[PERAN BALAI PERMASYARAKATAN (BAPAS) KELAS 1 JAKARTA BARAT DALAM PELAKSANAAN PEMBINAAN DI LUAR LEMBAGA TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUMM(ABH) ]]>
<![CDATA[Agata Ascourlina Mourin]]>;
<![CDATA[Hery Firmansyah]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i1.5236
<![CDATA[Juvenile delinquency is a criminal case which is caused by a child. Child convicted has to pass through the Juvenile delinquency system. In Indonesia, our Juvenile system gave some of the alternative criminal punishment beside imprisonment. The alternative criminal punistment are admonition, superision from authorized institution, establishment of child character outside or inside the institutions, work training, become a sosial worker and the last choice is prison punishtment. The best sanction is the one that can make the perpetrator know that the things he/she made are wrong and change their deed became behave well. In this case, author wants to discuss more about establishment of child character outside the institution who was handled by institution of government called Balai Permasyarakatan (BAPAS).]]>
<![CDATA[PERTANGGUNGJAWABAN HUKUM TERHADAP NOTARIS YANG MEMBUKA KANTOR CABANG ATAS NAMA SENDIRI (PUTUSAN NOMOR : 2/PTS/Mj.PWN.DKIJakarta/xi/2017) ]]>
<![CDATA[Febry Yanti]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i1.5252
<![CDATA[Indonesia is a country that adheres to the legal system. The role of the notary is very important in Indonesia. Notaries act as public officials in providing legal services to the public. Notaries are public officials who have the authority to make authentic deeds. A notary position is a public or public position because a notary is appointed and dismissed by the government. Notaries are prohibited from opening more than one notary office because notaries can only open one notary office. But in reality there is a notary who opens a branch office. How the accountability and position of the notary who establishes a branch office on its own behalf is a problem discussed. The research method used is normative legal research is to find the truth of coherence, namely the rule of law in accordance with legal principles. sourced from primary data and secondary data as other supporting data which are analyzed quantitatively. The results of the study explained that the West Jakarta Regional Supervisory Board found that there was a notary office with 2 signboards in the West Jakarta area that had a notary office named Notary Netty Maria Machdar. So that Netty Maria Machdar was found guilty and the position of the notary became hanging due to the absence of a further verdict because it was only proposed to be honorably dismissed by the Regional Supervisory Board so that in this case Netty Maria Machdar was found guilty and obliged to replace the loss but because there was no further verdict. Notary Netty Maria Machdar can still use her rights as a legitimate Notary. Notary Netty Maria Machdar also violated the Indonesian Notary Association Code of Ethics.]]>
<![CDATA[ANALISIS MENGENAI KEDUDUKAN PERJANJIAN NOMINEE ANTARA KARPIKA WATI (WNI) DAN ALAIN MAURICE PONS (WNA) (CONTOH PUTUSAN NOMOR 3403 K/PDT/2016) ]]>
<![CDATA[Inka Cyntiya Sulastin]]>;
<![CDATA[Stanislaus Atalim]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i2.6534
<![CDATA[Nominee agreements in terms of land ownership between Indonesian citizens and foreign nationals according to Positive Law in Indonesia are prohibited and not valid, but at present there are many foreign citizens who come to Indonesia with various purposes, one of which is to build a business, business, until investment in a way outside the applicable regulations. One way for foreign citizens to have land rights in Indonesia is by marrying Indonesian citizens and / or utilizing local indigenous people by borrowing the names of Indonesian citizens who can have land rights to bind themselves to each other in the terms of the nominee agreement. The problem that the author examines in this case is how the position of the nominee agreement in land ownership according to the positive legal system in Indonesia that occurred in the case between Karpika Wati (an Indonesian citizen) and Alain Maurice Pons (a foreign citizen) in accordance with decision No. 3403 K / PDT / 2016 The author conducts research using the normative method that will use the relevant laws to conduct a review of the problem. It can be concluded that the position of the nominee agreement in the case between Karpika Wati and Alain Maurice Pons violates the provisions of positive law in force in Indonesia, violates the provisions of the Civil Code, the Basic Agrarian Law, and the Marriage Law.]]>
<![CDATA[PEMBATALAN PERJANJIAN BANGUN GUNA SERAH (BUILD OPERATE TRANSFER/BOT) ANTARA PEMERINTAH DAERAH KOTA BOGOR DENGAN PIHAK SWASTA (PT PANCAKARYA GRAHATAMA INDONESIA) DITINJAU DARI SUDUT KITAB UNDANG-UNDANG HUKUM PERDATA ]]>
<![CDATA[Lorenzo Marco]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i1.2235
<![CDATA[The BOT (Build Operate Transfer) Agreement between Bogor Municipal Government and PT Pancakarya Grahatama Indonesia is an agreement to optimize Baranangsiang terminal assets as stated in the agreement Number: 601 / Perj.418-BPKAD / 2012 / Number: 005 / PGI / DIR / VI / 2012 . Until now, the agreement of both parties has not been able to be considered because of the change of authority of the terminal which formerly the authority of the City Government of Bogor to switch to the Central Government, resulting problems Whether the Government / Mayor Bogor can cancel the unilateral agreement BOT in the construction of Terminal Baranangsiang viewed from the point Civil Code? The research method used is normative legal research method supported by interview and field data. Based on the analysis that the BOT agreement between Bogor City Government and PT Pancakarya Grahatama is a valid and binding agreement between both parties and can not be canceled unilaterally by Bogor City Government, although there are new regulations that change the authority of terminal A Baranangsiang become the authority of Central Government . The Agreement may be canceled if it violates Article 1320 of the Criminal Code or violates the subjective and objective terms of the validity of the agreement. When the agreement is mutually agreed upon by both parties, the agreement must continue and act as a binding law as regulated in Article 1338 of the Criminal Code. Bogor City Government should immediately provide certainty to the PT Pancakarya Grahatama Indonesia for Baranangsiang terminal revitalization project can be immediately realized and need a revision (adedendum) agreement between the Government of Bogor City with PT Pancakarya Grahatama Indonesia related to changes in authority of terminal A Baranangsiang between PT. PGI with the Central Government.]]>
<![CDATA[ANALISIS ALAT BUKTI YANG SAMA DALAM PERKARA PIDANA YANG BERBEDA (STUDI KASUS SETYA NOVANTO DALAM PUTUSAN PRAPERADILAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR: 97/PID.PRAP/2017/PN.JKT.SEL) ]]>
<![CDATA[Alnan Marchelita Pradewi]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i1.2137
<![CDATA[Evidence is the important instrument to decide criminal cases and Its began from investigation, prosecution, until court decisions. Evidence is arrange in article 184 and explanation of KUHAP. Police investigating to determine someone be a suspect or unknown through investigation about entanglement according to evidence any goods and the evidence available. In fact many law enforcement officials such as police used power revenue and their authority to quickly resolve the cases with no accordance to the procedure. Therefore to minimize those things law enforcement need supervision as pretrial. Pretrial have authority to judge about legal or failure arrest, detention termination investigation or termination prosecution; compensation and or rehabilitation for criminal cases stopped at the investigation or prosecution. Related to the verdict of South Jakarta District Court number 97/Pid.prap/2017/Pn.Jkt.Sel, judge Cepi Iskandar said that the same evidence cannot be used as evidence in other criminal cases brought many different polemics. Generally judge decide on criminal cases based to article 183 KUHAP and in fact many criminal cases was using the same evidence especially to cases with more than one defendant or participation cases. Judge Cepi Iskandar decision have given uncertainty law in the public, so it needs analysis and further discussion about the evidence and the consideration on that judicial decisions.]]>
<![CDATA[ANALISIS PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA PT UNIVERSAL FOOTWEAR UTAMA INDONESIA AKIBAT KEPAILITAN PERUSAHAAN BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS PUTUSAN NOMOR 12/PDT.SUS-PKPU/2016/PN. NIAGA.JKT.PST) ]]>
<![CDATA[Marchel Thobie]]>;
<![CDATA[Ariawan Gunadi]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i1.5264
<![CDATA[The case faced in writing this scientific paper is how the legal protection of the workers of PT Universal Footwear Utama Indonesia who were declared bankrupt in Decision No. 12/Pdt.Sus-PKPU/2016/PN.Niaga. Jkt Ps t who have not paid salaries for 3 months and severance pay until now in 2018 and how the responsibility of the curator for the bankruptcy of PT Universal Footwear Utama Indonesia after auctioning off the auction for salaries and severance labor. The research method used in this study is normative legal research. The results showed that the legal protection of the workers of PT Universal Footwear Utama Indonesia who were declared bankrupt in Decision No. 12/Pdt.Sus-PKPU /2016/PN.Niaga/Jkt.Pst who have not paid salaries for 3 months and severance pay until now in 2018, in principle all wages of arrears of workers (employee salaries) must be paid after the assets of the bankrupt Debtor have sold and the Distribution list has been determined by the Court on the proposal of the curator. The responsibility of the curator for the bankruptcy of PT Universal Footwear Utama Indonesia after the bankruptcy of the auction was sold against the salary and severance of employment was based on Article 74 of the Bankruptcy Act. The task of the curator is to share the proceeds of the sale of bankruptcy to the creditors in the order (their respective ranks]]>
<![CDATA[KEPASTIAN HUKUM TERHADAP PERAMPASAN ASET YANG BUKAN MILIK NEGARA ]]>
<![CDATA[Jhon Pridol]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i2.6557
<![CDATA[Legal certainty is one of the "three basic values of the law" which means it can be equated with the principle of law. A verdict or court decision must be in accordance with the law because the judge must judge based on the law. Decisions must also be fair, objective and impartial. Therefore the ideal decision is a decision that contains justice, usefulness and legal certainty proportionally. Seeing from the application of the Criminal Procedure Code, the main purpose of tracking assets resulting from criminal acts to be confiscated in court proceedings and ultimately resulting in a court decision is to be returned to the rightful party. In practice, there is a conflict between the victim and the judge's decision regarding the confiscation of evidence by the State that was confiscated from a First Travel travel agent, because the evidence seized from First Travel is the result of fraud from a prospective Umrah pilgrimage that should be returned to the victim as compensation.]]>
