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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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ANALISIS PEMUTUSAN HUBUNGAN KERJA SEPIHAK ATAS DASAR PELARANGAN HAK PEKERJA DALAM BERSERIKAT (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NO.815K/PDT.SUS-PHI/2016) Jerisca Shandy Nicolas; 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.v3i1.8937

Abstract

Layoff  is a scary thing for workers. Many companies terminate their employment unilaterally, which is not in accordance with Law No. 13 of 2003 concerning Manpower. The problem faced is how the reasons for layoffs against workers are based on PHI Invitation Law Number 13 of 2003 and Supreme Court Decree No. 815 K / Pdt.Sus-PHI / 2016. The research method used in this study is the normative legal research method. The results showed that the reasons for layoffs of workers based on Law Number 13 of 2003 concerning Labor are quite a lot of them, referring to Article 162-172 of Law Number 13 of 2003 concerning Employment: resignation properly on their own volition, resignation in writing of their own volition due to layoff, resignation due to reaching retirement age, workers make serious mistakes, workers are held by the authorities, the company / company suffers losses, workers are lost to follow-up, workers die, workers commit violations, there are changes in status , merger, softening or changing ownership and layoffs due to efficiency reasons and the Supreme Court Decree No. 815 K / Pdt.Sus-PHI / 2016, where PT Wira Wisata Indah - Royal Regal Hotel did layoffs due to efficiency reasons. PT Wira Wisata Indah - Hotel Royal Regal Jakarta has carried out unilateral layoffs without a clear legal basis, and the layoffs conducted by the Defendant also contravened Law Number 21 of 2000 concerning Trade Unions / Trade Unions Article 28 point (a).
ANALISIS KEADILAN DALAM PEMBATALAN AKTA PERJANJIAN PENGIKATAN JUAL BELI HAK ATAS TANAH AKIBAT WANPRESTASI DALAM PUTUSAN PENGADILAN NEGERI DEPOK NOMOR 119/ PDT.G/ 2017/PN. DPK. Ani Anggreni; Gunawan Djajaputra
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.v4i1.10846

Abstract

The Land Sale and Purchase Binding Agreement is a legal act that precedes the transfer of land rights which is binding, giving rise to the rights and obligations of the parties making it. In its implementation, sometimes one of the parties does not carry out its obligations, resulting in legal disputes in court, and court judges do not always give fair decisions. The problem in this research is how the value of justice in the cancellation of the agreement deed of sale and purchase of land rights due to default in the Depok District Court Decision Number 119 / PDT.G / 2017 / PN.Dpk? The results showed that the value of justice in the cancellation of the Deed of Sale and Purchase Agreement of land rights due to default in the decision of the Depok District Court Number 119 / PDT.G / 2017 / PN.Dpk did not occur. This is because the Depok District Court Judge mistakenly interpreted the default between the default and the act against the law, especially in relation to claims for compensation, because in the default lawsuit they could not demand return to their original state, but rather the calculation of compensation that was actually experienced by Ade Triana as the Plaintiff.
TANGGUNG JAWAB PLATFORM E-COMMERCE DAN MERCHANT TERHADAP KONSUMEN DARI PEREDARAN KOSMETIKA TANPA IZIN EDAR (CONTOH PUTUSAN NOMOR 142/PID.SUS/2020/PN.JKT.BRT) Felicia Ade Putri; 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.v3i2.10598

Abstract

The rise of cosmetics distribution in Indonesia, has a good and bad impact on consumers.  In this modern era, cosmetics can also be circulated via the internet, one of which is through e-commerce platforms.  So that business actors in the e-commerce platform or it can be called merchants can distribute cosmetics even though they do not have a distribution license from the authorized agency.  Cosmetics without distribution permits can be distributed through the e-commerce platform freely, without requiring a permit as stipulated by the minister or BPOM.  For example, use Decision Number 142/Pid.Sus/2020/PN.Jkt.Brt, where merchants who distribute cosmetics without distribution permits through several e-commerce platforms in Indonesia.  But what about the responsibilities of e-commerce platforms and merchants as business actors because they have harmed consumers by distributing cosmetics that do not have a distribution license.  The purpose of this study is to find out more about the responsibilities of e-commerce platforms and merchants.  In order to answer these problems, a normative research method is used and uses two approaches, namely the statutory approach and the case approach, with deductive analysis techniques.  The results of this study indicate the need for strict supervision of cosmetics circulating through the e-commerce platform circulated by merchants as business actors providing products to consumers.
Pembagian Harta Bersama Akibat Nusyuz Ditinjau Dari Besaran Kontribusi Suami Istri Dalam Pekawinan (Studi Terhadap Putusan Pengadilan Agama Jakarta Barat Nomor 572/Pdt.G/2017/PA.JB) Ajeng Anjarwati; Muhammad Abudan
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.v3i1.8943

Abstract

Marriage is a binding legal act between a man and a woman which contains the value of worship to Allah SWT, where both the husband and wife parties contain civil aspects that give rise to rights and obligations. Rights here are what is received by someone from someone else, while obligations are what must be done to others. Wives who do not carry out their obligations can be considered as cheating wives as referred to in Article 83 paragraph (1) Compilation of Islamic Law. The problem that occurs in this case is whether the influence of nushuz on the distribution of shared assets in terms of the contribution of husband and wife in marriage based on the perspective of justice in the West Jakarta Religious Court Decision Study Number 572 / Pdt.G / 2017 / PA.JB ?. The author examines this problem by using normative legal research methods. The research data shows that there is her husband's inheritance in the form of business that is undertaken before marriage and after marriage her husband entrusts the profits of his business to his wife to be managed. Unexpectedly, in his marriage there was a problem that resulted in the fulfillment of the husband's rights because his wife had already been deceived or abandoned his obligations as a wife by leaving for no apparent reason and taking away the money from the business he trusted her by leaving him to manage the money. The conclusion drawn is that a wife's nusyuz actions affect the distribution of shared property because the wife has neglected her obligations. The distribution of shared assets can be reviewed through the contribution of husband and wife in marriage.
ANALISIS YURIDIS TERHADAP PUTUSAN LEPAS PADA TINDAK PIDANA KORUPSI DALAM PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1555K/PID.SUS/2019 Sunny Shilby
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.v4i1.12037

Abstract

Indonesia is a country of law. One of the fields of law is criminal law. Actions that are contrary to the law are called criminal offenses. One of the criminal offenses that has always been in the spotlight is corruption. Corruption is considered as an action that endangers the state's efforts to achieve their goals. This is the basis for the Indonesian state to make regulations regarding the Eradication of Corruption. This Constitution becomes the nation’s hope in eradicating corruption, however, the application of this Constitution in corruption that has clearly met its elements is frequently mismatches. One of the Constitution applications that is mismatches in corruption eradication is when dropping off the verdict to the Supreme Court of the Republic of Indonesia’s decision Number 1555 K/Pid.Sus/2019. How is the juridical analysis towards the verdict on corruption in the Supreme Court of the Republic of Indonesia’s decision Number 1555 K/Pid.Sus/2019? The author investigates this problem using normative legal research methods. The research data shows that the decision of the Supreme Court that releases the verdict to the defendant was not legally correct. It is better if the Corruption Eradication Commission follows the civil lawsuit procedure as regulated in Article 32 of Law Number 31 of 1999 concerning Eradication of Corruption in conjunction with Law Number 20 of 2011 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption as an effort to return the state losses due to the case.
TINJAUAN TERHADAP PELAKSANAAN RESTRUKTURISASI KREDIT PERBANKAN Budi Prana Prasetyo; Ariawan Gunadi
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.v4i1.10851

Abstract

According to Law No.1 of 1998 regarding Banking Law, one of the functions of a bank is to channel funds to the public in the form of credit and / or in other forms. In channeling bank credit, there is always a probability that a risk may occur. The most common risk that occurs in bank credit is Non-Performing Loan (NPL). When the debtor did not meet the performance demanded in the credit agreement, then NPL will occur. The policies that are often taken to resolve the high NPL ratio is by restructuring credit structure against debtors who still have prospects for repayment and confiscate collateral objects against debtors who have no prospects for repayment. The existence of the Covid-19 outbreak has made economic conditions experience a slowdown, the Bank as one of the drivers of the economy cannot be separated from this impact. Due to Covid-19, to cope with a risk of a simultaneous increase in NPLs, OJK as the institution that has the authority in the field of regulation and supervision of banking activities issued POJK 11/2020 regarding stimulus policies in dealing with the impact of Covid-19. The policy includes determination of asset quality and credit restructuring. The stimulus policy applies to banking financial services institutions, and is aimed at debtors whose businesses are affected. From this research we can conclude; some differences in the arrangements regarding restructuring under normal circumstances and restructuring due to Covid-19, factors that hamper the implementation of restructuring.
ANALISIS YURIDIS PERJANJIAN EKSTRADISI ANTARA PEMERINTAH REPUBLIK INDONESIA DENGAN PEMERINTAH DIRAJA MALAYSIA (STUDI KASUS: DJOKO SOEGIARTO TJANDRA) Fikhri Sultan Maulana Fadjar Daulat; Ida Kurnia
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.v4i1.10990

Abstract

Along with the increasingly rapid development of the times, crime also develops rapidly. In some cases the crime does not only occur within the country, but also occurs at home and abroad, which of course will involve other countries in its implementation. Crimes involving many countries are known as crimes with international dimensions or can also be referred to as transnational crimes. Therefore, in order to overcome this, the extradition mechanism appears as an institution that is expected to be able to prevent and eradicate crimes with an international dimension quickly and effectively. However, the implementation of the extradition mechanism actually raises various polemics and dilemmas, where many of the cases with an international dimension cannot be resolved by the extradition mechanism, so this makes the existence of the extradition mechanism begin to be questioned, namely whether the extradition mechanism is truly capable of dealing with crimes with international dimensions. Therefore, it is necessary to carry out an in-depth analysis and study to find out the causes of the inability of the extradition mechanism to eradicate crimes with an international dimension, so that an evaluation of the extradition mechanism can be carried out so that the fight against crimes with an international dimension will be better in the future.
TINJAUAN YURIDIS MENGENAI HAK IMUNITAS SEORANG ADVOKAT YANG MELAKUKAN TINDAKAN OBSTRUCTION OF JUSTICE DALAM PERKARA KORUPSI (CONTOH PUTUSAN NOMOR 90/Pid.Sus-TPK/2018/PN.Jkt.Pst) Sri Ayu Sukmawati Loi; Dian Adriawan DG Tawang
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.v3i1.8953

Abstract

Advocates have immunity rights that cannot be prosecuted either by civil law or crimes to uphold justice for their clients, therefore this research is to submit an application for advocate's immunity rights under Article 16 of the Advocate Law relating to work agreements and employment assistance for obstruction of legal protection. The research method used is normative legal research. The results of the analysis in this study are that the application of advocacy protection rights only applies to advocates who have legal relations with the people they help (clients) and facilitate their profession to support their clients in good faith to uphold in accordance with appropriate laws. Judicial practices Barring justice in corruption cases under Article 21 UUPTPK is another crime related to corruption but not corruption which is a general crime, which is related to conducting investigations and prosecutions is the police and prosecutors, not the KPK. It is unfair if the KPK becomes a victim of an objection to justice and at the same time acts as a law enforcer. Provisions Regarding Barriers to Regional Regulation Article 221 of the Criminal Code, Article 21 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning Corruption Eradication, Article 20 to Article 24 of Law Number 21 of 2007 TPPO and also regulated in Article 25 of the United Nations Convention Against Corruption (UNCAC).
PENERAPAN ASAS PARI PASSU PRO RATA PARTE TERHADAP PEMBERESAN HARTA PAILIT PT DHIVA INTER SARANA DAN RICHARD SETIAWAN (STUDI KASUS PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR: 169 PK/PDT.SUS-PAILIT/2017) Monitacia Kamahayani; Suyud Margono
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.v3i1.8892

Abstract

One of the main purpose of bankruptcy law is made to ensure division of bankruptcy property from debtor to the creditors that suitable with pari passu pro rata parte principle which means split the bankruptcy property to unsecured creditors based on the consideration how many invoice from those creditors. Inside the verdict of the Indonesia supreme court number: 169 PK/PDT.SUS-PAILIT/2017 we all can saw the division of bankruptcy property PT Dhiva Inter Sarana and Richard Setiawan that have been divided by curator that shown some inequity to one of the unsecured creditors specifically to PT Bank Maybank Indonesia, Tbk (before PT Bank Internasional Indonesia, Tbk), feels some inequity to the list of division bankruptcy property remembering that PT Bank Maybank Indonesia, Tbk (before PT Bank Internasional Indonesia, Tbk) provide funds to PT Dhiva Inter Sarana and Richard Setiawan to bought a land and built a house in Tangerang therefore they do legal effort in cassation and judicial review but in the end the supreme court judges refuse with the final provision. Just like a scale that used as a symbol of justice the judges in supreme court must think about the ease in this case the division of bankruptcy property so that the unsecured creditor can have the right to claim in accordance with the definition and application of pari passu pro rata parte principle.
PERLINDUNGAN KONSUMEN ATAS INFORMASI YANG BENAR TERHADAP PROMOSI PRODUK DALAM TRANSAKSI PERDAGANGAN ELEKTRONIK MENURUT UNDANG–UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN evita lanosta; 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.v4i1.10996

Abstract

The intense competition among business actors makes business actors compete to create business strategies to attract consumers. One of the strategies taken by business actors is to hold offers or promotions in various forms, including in the electronic commerce transaction. However, these promotions sometimes lead to promises that are not in accordance with the contents of the agreement given by the business actor. One of the cases of product promotion that misleads consumers is the case of PT. Vega Data Indonesia which has reached the court with the decision of the District Court No. 524 / Pis.Sus / 2020 / PN Jkt.Utr. How should the form of consumer protection for correct information on product promotion in electronic commerce transactions according to Law Number 8 of 1999 concerning Consumer Protection and other related regulations? Researchers examined these problems using normative legal research methods. Research data shows that there is a legal violation of the obligation of business actors to provide correct information on product promotion by business actors which results in consumers experiencing losses. The existing form of consumer legal protection includes two things, namely protection in the sense of prevention (preventive) and repressive legal protection (action). The form of preventive protection (prevention) is the guidance and supervision of consumers, while the form of repressive protection includes efforts to resolve disputes through channels (court) litigation and non litigation (out of court). Legal protection for consumers using online loan services by PT. Vega Data Indonesia is a form of repressive legal protection.

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