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[ANALISIS AKTA JUAL BELI TANAH YANG DIBUAT TANPA PERSETUJUAN PEMILIK TANAH DALAM PERSPEKTIF PERATURAN PEMERINTAH REPUBLIK IINDONESIA NOMOR 24 TAHUN 2016 TERKAIT PERATURAN JABATAN PEJABAT PEMBUAT AKTA TANAH (STUDI KASUS PUTUSAN NOMOR 347/PDT/2017/.PN.JKT.TIM) ]]>
<![CDATA[Faishal Nurachmad]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8921
<![CDATA[Along with the rate of growth and development of such a large population, and the area of land is relatively not increased, the soil has significance in human life because the land has a dual function, namely as a social asset and as a capital asset, this causes the need for land is increasing, thus causing various potential conflicts or disputes in the right to purchase land. Land Acquisition Officer (PPAT) is a public official authorized to make authentic deeds concerning certain legal acts concerning land rights or ownership of apartment units, based on Government Regulation No. 24 of 2016 on PPAT in practice often the making of Deed of Sale and Purchase of land which is inconsistent with legal corridor which can cause risks for certainty of land rights. In this case, PPAT is asked to be a juridical account in relation to the authentic deed which it contains contains legal defects. The problem that becomes the discussion in this research is how the responsibility of PPAT in making the Deed of Sale and Purchase of the land and the result of the law it made if it contains legal defect.]]>
<![CDATA[ANALISIS KONSEPSI ASAS FIRST TO FILE DALAM PEMBATALAN MEREK TERDAFTAR (CONTOH KASUS: PUTUSAN KASASI MAHKAMAH AGUNG NO. 999 K/PDT.SUS-HKI/2019 DAN PUTUSAN PENGADILAN NEGERI NO. 15/PDT.SUS-MEREK/2015/PN.NIAGA.JKT.PST) ]]>
<![CDATA[Michelle Nathania]]>;
<![CDATA[Ariawan Gunadi]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10621
<![CDATA[With the development of the industry, the use of advertising to introduce products has also grown. Trademarks are intellectual property rights that are used to identify goods and services of a company. By using the brand, the entrepreneurs can protect their brand. Trademark law is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. In the registration of a mark, it is known as the first to file principle. In this system, registrants are required to register in order for their trademarks to be protected. This system confirms that the person who registers the mark for the first time is the one who has the right to the mark. In the first to file principle, there are often differences in interpretation where judges in deciding cases have different interpretations. The first to file principle also often collides with well-known brands. This study aims to determine the extent of the interpretation of the first to file principle in the trademark registration system in Indonesia and to determine the suitability of judges' judgments in relation to the Trademark Law No. 20 of 2016 concerning trademarks and geographical indications.]]>
<![CDATA[PERLINDUNGAN HAK EKONOMI DAN HAK MORAL ATAS KARYA CIPTA DI BIDANG FOTOGRAFI TERKAIT DOKTER SEBAGAI MODEL IKLAN RUMAH SAKIT (STUDI PUTUSAN NOMOR 262K/PDT.SUS-HKI/2016) ]]>
<![CDATA[Rico Daniel]]>;
<![CDATA[Suyud Margono]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8927
<![CDATA[Siloam Hospitals Surabaya has violated the law regarding Article 12 of the UUHC. The problem faced in writing this thesis is how to protect economic rights and moral rights of copyrighted works in the field of photography related to doctors as a model of hospital advertising (Decision Study Number 262K / Pdt.Sus-HKI / 2016). The research method used in writing this thesis is normative legal research. The results showed that the protection of economic rights and moral rights of copyrighted works in the field of photography related to doctors as a model of hospital advertising, especially in Decision Number 262K/Pdt.Sus-HKI 2016, in which case the protection is automatic when the idea is realized in concrete / concrete form, the work has been protected and of course without requiring recording (both recorded and undocumented). So based on this it is clear that in order to obtain Copyright protection, a photographic work of art does not need to pass the registration stage first, because automatically after the work is manifested in a tangible form and exhibited to the general public, then the work has obtained Copyright recognition and is protected Copyright and if registration is carried out, then it is done solely for the purpose of proving if a dispute later arises in relation to Copyright for the photos and copyright protection for photographic works of art is given to protect the rights of an Author namely economic rights and moral rights.]]>
<![CDATA[ANALISIS TERHADAP BATASAN PEMBERLAKUAN TINDAKAN PERBUATAN MELAWAN HUKUM DAN FORCE MAJEURE DARI KERUSAKAN LINGKUNGAN AKIBAT KEBAKARAN HUTAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI NOMOR 591/PDT.G-LH/2015/PN.JKT.SEL DAN PUTUSAN PENGADILAN TINGGI NOMOR 540/PDT/2017/PT.DKI) ]]>
<![CDATA[Nico Casey]]>;
<![CDATA[Mella Ismelina F.R.]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10626
<![CDATA[One example of problems in environmental law that the author encountered is in the District Court Decision Number 591 / Pdt.G-LH / 2015 / PN.Jkt.Sel and the High Court Decision Number 540 / PDT / 2017 / PT.DKI which essentially contained fires forest that occurs in the Meranti Islands, which is an area belonging to PT National Sago Prima (PT NSP). In the legal considerations of the District Court judges, PT NSP was declared to have committed an illegal act which resulted in a forest fire because it was considered negligent in preventing and anticipating the forest fire. However, in the legal considerations of the High Court judges, the panel of judges has a different opinion, namely that the forest fire occurred not because of negligence by PT NSP but occurred because of a natural disaster. Then what is the basis for the judge's consideration in the limitation of enforcement of actions against the law and force majeure against environmental damage due to forest fires? Legal certainty has not been achieved due to differences in opinion regarding the status of forest fires because the Judges at the District Court and the High Court have different considerations. Apart from that, the permits required by PT NSP to run its business are also deemed non-existent, whereas in fact the permit is already owned, even though it is not yet under PT NSP's name.]]>
<![CDATA[EFEKTIVITAS PERGUB NOMOR 142 TAHUN 2019 TENTANG KEWAJIBAN PENGGUNAAN KANTONG BELANJA RAMAH LINGKUNGAN PADA PUSAT PERBELANJAAN, TOKO SWALAYAN, DAN PASAR RAKYAT DALAM RANGKA PENGURANGAN PENGGUNAAN KANTONG PLASTIK DI LINDETEVES TRADE CENTER (LTC) GLODOK ]]>
<![CDATA[Hansen Joneri]]>;
<![CDATA[Mella Ismelina F.R.]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10588
<![CDATA[This Governor Regulation does not yet provide a transition period for business actors in shopping centers and markets, as well as managers in supermarkets to ensure a transition from using single-use plastic packaging bags to more environmentally friendly packaging bags. There are no social sanctions for violators, this regulation only regulates administrative sanctions for business managers and actors who do not comply, such as reprimands, writing, forced money, license suspension, and license revocation. There is no follow-up to publishing which is subject to sanctions, such as including the names of managers or business actors who violate the website of DKI Jakarta or the mass media. This mechanism cannot work if the public does not know which business managers or actors violate it. The price of Eco-friendly Shopping Bags is not affordable so it is ineffective. The lack of replacements for plastic bags at affordable prices has actually led to the rampant smuggling of plastic bags.]]>
<![CDATA[PERLINDUNGAN HAK BAGI PELAKU USAHA MASKAPAI PENERBANGAN SESUAI DENGAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS PUTUSAN PENGADILAN NEGERI NO. 10/PDT.SUS-BPSK/2016/PN.JKT.BRT JO. PUTUSAN BPSK NO. 006/A/BPSK-DKI/XII/2015) ]]>
<![CDATA[Viola Monica]]>;
<![CDATA[Ahmad Sudiro]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.12022
<![CDATA[The Airline has the obligation to compensate for losses suffered due to damage or loss of consumer goods. However, based on the applicable laws and regulations, not all damage or loss of items in the aircraft baggage is borne by the airline service provider. This study aims to describe the responsibilities that must be borne by airlines based on Law No.8 of 1999 concerning consumer protection and Law No.1 of 2009 concerning aviation and also to see the protection of the rights of airlines in the BPSK Decision No. 006 / A / BPSK-DKI / XII / 2015. This study uses the normative method and uses a library study of aviation-related statutory documents and interviews with related parties. The result of this research is that compensation is given if checked baggage, namely the baggage given to the airline at check-in is lost or damaged, while for cabin baggage where the goods carried by the consumer are not covered by the company. From the BPSK's decision in the Leo Christoffel case, Qatar Airways as an airline has suffered a lot because it is asked to bear half of the losses suffered by consumers. This is clearly not in accordance with the flight law where lost in cabin baggage will not be compensated by the airline.]]>
<![CDATA[PENERAPAN ASAS PERSAMAAN HAK DALAM PENGUASAAN DAN PENGGUNAAN TANAH MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA DI DAERAH ISTIMEWA YOGYAKARTA (STUDI KASUS PUTUSAN PENGADILAN NEGERI YOGYAKARTA NOMOR 132/PDT.G/2017/PN.YYK.) ]]>
<![CDATA[Defki Gunawan]]>;
<![CDATA[Hasni Hasni]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8932
<![CDATA[Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA) has already been enacted in Indonesia, but in the Special Region of Yogyakarta (DIY) it is in conflict with the Deputy Head of DIY Regional Instruction Number K.898/I/A/1975 regarding prohibition of ownership and control of land rights for Non-Indigenous Indonesians in Yogyakarta. Problems encountered in writing this thesis are how the application of the principle of equal rights in the control and use of land in the Special Region of Yogyakarta and how judges consider it in the Decision of the Yogyakarta District Court Number 132/Pdt.G/2017/PN.Yyk, is it in accordance with the principle of legal subjects in the LoGA. The research method used in writing this thesis is normative legal research. The results showed that the provisions on granting land rights to a Non-Indigenous Indonesian citizen in DIY based on the Instruction of Deputy Regional Head of DIY Number K.898/I/A/1975 were due to 2 reasons namely historical reasons and secondly because of fear of land being controlled by non-indigenous Indonesian citizens and the issuance of Instruction Deputy Regional Head of DIY is not without reasoning and thought. According to the author, the publication of this circular letter was a decision taken by Sri Sultan Hamengkubowono X as a leader as well as a King who protected the region and its people. ]]>
<![CDATA[ANALISIS PENGESAHAN PERDAMAIAN (HOMOLOGASI) TERHADAP PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) ATAS ISI PERJANJIAN PERDAMAIAN YANG MENGALAMI PERUBAHAN (STUDI PUTUSAN: PUTUSAN MAHKAMAH AGUNG NOMOR: 718K/PDT.SUS-PAILIT/2019) ]]>
<![CDATA[Feiby Annisa]]>;
<![CDATA[Mia Hadiati]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.10841
<![CDATA[Reconciliation in the PKPU process is basically the same as an agreement in general, but the peace in the PKPU process is more specific because its enforcement requires legal approval from the court, this is contained in Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. Peace that has received approval from the court is in the form of homologation, resulting in peace becoming a court product, namely in the form of a decision that has permanent legal force. In fact, the homologation decision can still be changed to the contents of the Peace Agreement without a decision from the Commercial Court Judge and the case taken in the Supreme Court Decision Number 718K / Pdt.Sus-Pailit / 2019. The author examines the ratification of peace (Homologation) on the postponement of debt payment obligations (PKPU) on the contents of the agreement which has been amended according to Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. In obtaining the data, juridical legal research methods are used, and through the statute approach and the case approach. Amendments to the contents of the Homologated Peace Agreement are null and void and the process of settlement of payment of accounts receivable is returned to the original homologation decision.]]>
<![CDATA[PENUNJUKAN ANGGOTA POLRI AKTIF UNTUK MENDUDUKI JABATAN DI LUAR KEPOLISIAN DITINJAU DARI ASAS KEPASTIAN HUKUM ]]>
<![CDATA[Ronald Limanjaya]]>;
<![CDATA[Tatang Ruchimat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10593
<![CDATA[The author makes this paper with the title “The Appointment Of Police Officers To Hold Positions Outside The Police Based On The Legal Certainty” because the concern for implementing Indonesia As a Rule of Law. The Rule of law is made to protect the people from government power. The principle of rechtsstaat in Indonesia could be shown by the implementation of separation power between executive, legislative and the judative; protection of human rights, government actions based on law and the others. As the rechtsstaat, one of the most important things is the principle of legal certainty. The legal certainty doesn’t only mean that laws do not contradict each other, the legal certainty also means no difference between law and the implementation itself. From the police law we can clearly see that police are prohibited from occupying any position outside of the police itself. But lately, that police regulation sometimes is violated. In 2018, acting governor of west java was taken from police. One of the police is taken for being a head of the corruption eradication commision. From these cases we can make a conclusion that the phobilited of police to occupy other positions out of police is not implemented properly. This paper is made for finding ways to solve the problem of Legal certainty of this police law problem, to know and understand the legal consequences of an active police position who occupy another position outside the police, and giving preferences for other people who want to research the same problem as this paper.]]>
<![CDATA[TINJAUAN YURIDIS PELAKU USAHA DI BIDANG KULINER YANG TIDAK MEMBERIKAN INFORMASI HARGA DITINJAU DARI ASAS PERLINDUNGAN HUKUM ]]>
<![CDATA[Leonardo Leonardo]]>;
<![CDATA[Mariske Myeke Tampi]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.12027
<![CDATA[Consumer protection is regulated in Law no. 8 of 1999 concerning Consumer Protection. Article 7 paragraphs (2) and (4) contain the obligations of business actors in carrying out business, as an effort to protect consumers, but this has not been achieved optimally, it can be seen in the phenomenon of business actors in the culinary sector that do not include prices in their food and beverage lists. which then causes losses to consumers because the price charged is unreasonable or excessive. Legal protection for consumers who are victims of such practices is still questionable. Seeing the many cases that have sprung up that have been found on social media, in which cases after getting considerable public attention, the local government then takes action against business actors with sanctions in the form of reprimands to closure, creating a situation where legal certainty and clarity is not created. because it is still unclear whether the practice of not including the price of food and drinks and then charging subjectively based on the willingness of the business actor is an act that is prohibited or not]]>
