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[PELAKSANAAN PEMBALIKAN BEBAN PEMBUKTIAN TINDAK PIDANA PENCUCIAN UANG ]]>
<![CDATA[Lydia Anatheressa Lumenta]]>
<![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.v3i1.9180
<![CDATA[The Crime of Money Laundering embraces the Principle of Reversal Burden of Proof. Article 77 of the Law of Money Laundering obliged The Defendant to prove the origin of their properties. This Principle of Reversal Burden Proof means that because of its specificity the Defendant is given the burden of proof which actually it is Public Prosecutor’s, so the burden of proof is shifting from the charges of the Public Prosecutor to the Defendant. However Article 66 of the Criminal Procedure Code stated that Defendant is not the one who bears the burden of proof, this act is the incarnation of the Principle of Innocence. This view of the principle is defined by the term reversal of evidence made for certain cases of proof not refracted as self-incrimination including the right to remain silent which known from the Miranda case/ Miranda Rules/ Miranda Warning or the principle of Presumtionof Innoncence. The Crime of Money Laundering and Corruption differentiates the Principle of Reversal Burden of Proof which as in the Crime of Money Laundering it is an obligation for Defendant to act the principle but in the Crime of Corruption it is a right to Defendant to do or neither not to implemates the Principle of Reversal Burden of Proof. The implementation of this principle in trials is conducted in different ways in practice but essentially the same as other criminal proceedings.]]>
<![CDATA[PROBLEMATIKA PEMBENTUKAN PERHIMPUNAN PEMILIK DAN PENGHUNI SATUAN RUMAH SUSUN (PPPSRS) DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2011 TENTANG RUMAH SUSUN (CONTOH KASUS PUTUSAN PENGADILAN NEGERI 553/PDT.G/2016/PN.JKT.UTR.) ]]>
<![CDATA[Christina Herawati 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.v3i1.8891
<![CDATA[Flats development is one of the alternative solutions for the Government in the field of housing and settlement regulated in Law Number 20 of 2011 concerning Flats. In order for the purpose of the construction of flats can be carried out, the management is needed to maintain harmony in the flats environment, especially in terms of supervision of the owner and its occupants, because in the elements of flats there are individual rights, some parts that can only be used by the owner (unit flat), and shared rights that can be used and managed together because it involves the interests of peoples. The management is performed by the Association of Owners and Residents of Flats (PPPSRS) as a legal entity that must be authorized by the Government. This research is using the normative legal research method. The main problem of this research is the problematics of the formation of the Association of Owners and Residents of Flats in terms of Law Number 20 of 2011 concerning Flats and regarding the application of PPPSRS functions in Robinson Apartment. In fact, the management in flats will not work properly if there are problems with the formation of PPPSRS. Therefore, regular monitoring and socialization are needed by the Government and the Housing and Settlement Area Office in terms of the management of flats so that the objectives of the implementation of flats can be implemented well.]]>
<![CDATA[BATASAN PELAKSANAAN HAK INGKAR NOTARIS DALAM RANGKA MENJAGA KERAHASIAAN AKTA MENURUT UNDANG -UNDANG REPUBLIK INDONESIA NOMOR 2 TAHUN 2014 PERUBAHAN UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS ]]>
<![CDATA[ammanda michelle sumampow]]>;
<![CDATA[Mella Ismelina F.R.]]>
<![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.v4i1.11075
<![CDATA[Notary is a public official who is guided by UUJN which thus gives the Notary full authority to make a Deed, along with the obligation to keep the contents of the Deed, as in the Notary’s commitment to his oath or promise. Thus the Deed made by the Notary is confidential and the entire process of maintaining it is a confidentiality legal protection effort. However, the fact that a Notary can be summoned to make inquiries and become a witness in a court permitted by law presents a dilemma in itself with the promise of Notary it should. To overcome this dilemma, the Notary is facilitated with a right called dissenters rights, which then gives the option for the Notary to deny his position as a witness in certain circumstances. Considering this, the author would like to see the implementation of the dissenters rights according to UUJN and also the limitations of the confidentiality of the Deed that the author will be conducted with normative juridical research using a statue approach, as well as using secondary data from books and scientific writings relevant to the dissenters rights of notary and confidentiality of the Deed. After conducting research, the authors identified that in the of dissenters rights of refusal of a Notary as an obligation stated in the law attached to his or her job duties, it has not been carried out clearly due the provision of Article 66 paragraph (1) UUJN which weakens the confidentiality of Deeds and dissenters rights. ]]>
<![CDATA[NAFKAH SUAMI TERHADAP ISTRI YANG PINDAH AGAMA DITINJAU MENURUT KOMPILASI HUKUM ISLAM (STUDI KASUS PUTUSAN NOMOR 361 K/AG/2016) ]]>
<![CDATA[Zivra Dwi Tarrevia]]>;
<![CDATA[Imelda Martinelli]]>
<![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.v3i1.9243
<![CDATA[One of the problems on supporting the livelihood of a apostate wife can be find in supreme court decision number 361 k/ag/2016 concerning a civil case between Dwi Andayani, wife of Suroto bin Abu Bakri. On its decision, Dwi Andayani has been divorced by the decision of the court for change of religion which makes Dwi Andayani unsatisfied with the decision. Ever since splitting up, Dwi Andayani's livelihood has not been paid for. This leads to a request for cassation by Dwi Andayani. The emerging question is how does a husband paid for the livelihood of an apostate wife? to answer the question the writer uses normative research method, with normative juridicial approach. The supreme court decision orders to only pay for mut'ah only. Wives shall also receive madhliyah payments which is credited by the husbands towards the wives during marriage. Thus, the government shall be clear on divorce by change of religion and which payments should be received by the wives. Religion based institution shall also give understanding about marriage to maintain the integrity of each marriages.]]>
<![CDATA[HAMBATAN-HAMBATAN DALAM PENYELESAIAN PERMASALAHAN HAM OLEH PELAKSANA PELAYANAN KOMUNIKASI MASYARAKAT KANWIL MENKUMHAM DKI JAKARTA ]]>
<![CDATA[Haryo Nugroho]]>;
<![CDATA[Aji Wibowo]]>
<![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.v3i1.8895
<![CDATA[Yankomas is the government's effort to resolve human rights issues in the community carried out by Yankomas Implementers. It is further known in resolving issues Human Rights Yankomas has obstacles so that there are many cases that have not yet been completed and have been completed by other agencies. The thesis uses the type of normative research, with the nature of explanatory research. The theories used in this thesis are the rule of law, human rights, human rights violations, human rights enforcement, authority. The results of the study contained communications delivered by the communicators in 2017 and 2018 as well as the results of interviews with the head of human rights at the regional office of the Ministry of Law and Human Rights. The discussion in this thesis is about handling cases of alleged human rights violations through Yankomas in 2017-2018. The conclusion of the thesis is that in 2017 and 2018 there were 18 communications. A total of 7 communications were completed by Yankomas Executors, 6 communications were completed by agencies outside the Yankomas Executors, 2 communications were not yet completed by Yankomas Executors due to Yankomas’ authority to solve the problems, and 3 communications were not completed due to external factors and obstacles experienced by Yankomas Executors in dealing with human rights issues due to 2 things namely the juridical and sociological factors. The steps the country can take in overcoming these obstacles Yankomas' Executors endured by giving them authorities such as mediation and arbiteration.]]>
<![CDATA[KEPASTIAN HUKUM PENJATUHAN REHABILITASI MEDIS DALAM TINDAK PIDANA NARKOTIKA (STUDI TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR 26/PID.SUS/2019/PN.PTI DAN PUTUSAN MAHKAMAH AGUNG NOMOR 378/PID.SUS/2017/PN.SMN) ]]>
<![CDATA[Jennifer Jennifer]]>
<![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.v4i1.11242
<![CDATA[Rule of Law reflects a state’s quality. Rule of Law should play an active role in legal disputes. In actuality Decision of the Supreme Court 26/PID.SUS/2019/PN.PTI and Decision of the Supreme Court 378/PID.SUS/2017/PN.SMN show different verdicts. There are two verdicts – rehabilitation and jail time. From it’s benefits medical rehabilitation is very important for the victim. Rehabilitation is a legal act for narcotics abuse. Victims of narcotics abuse are not criminals but people who are ill physically and mentally. The verdict of rehabilitation is more suitable than the verdicts of jail time. Medical rehabilitation is an attempt done in order to recover, heal, and give mental guidance for victims of narcotics abuse. The practical implementation has been very different from the existing laws. Rule of Law can be done well if the practical implementation is also done well. This can be done through revisions of existing laws. The law enforcement has a no less important role to ensure the implementation of every existing law in the society. As a result, Indonesia will have a good, clear, and firm system of Rule of Law towards every legal problem.]]>
<![CDATA[TINJAUAN KETEPATAN PUTUSAN HAKIM DALAM MEMUTUS PERKARA SENGKETA MEREK TERHADAP PEMBATALAN MEREK TERDAFTAR PERTAMA BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR 375 K/PDT.SUS-HKI/2020 ]]>
<![CDATA[Jessica Candakentjana]]>;
<![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.v3i2.10558
<![CDATA[At this time, Intellectual Property Rights plays an important role in this industry. In the world of commerce, a brand is a form of intellectual property rights that has an important role because a brand is used to distinguish the origins of a product and service. Trademarks as a form of intellectual work play an important role in preventing unfair competition so that trademarks must be registered. The registration of trademark is a form of legal protection that creates legal certainty, so Indonesia adopts a constitutive system which determines that trademark rights can only be protected by the law if they are registered. Legal protection of trademark in Indonesia is only given to trademark owners who register their trademarks for the first time, in the principle, first-to-file. However, Budiman Tjoh as the owner who register the trademark for the first time did not feel the protection of trademarks on the first to file principle. The method used in this study is using normative legal research methods. The purpose of this study is to find out the legal protection of a first registered mark. The research data shows that the judge in deciding the trademark dispute is not right, because The judge prefers to consider that a trademark registered long after the Defendant's mark was registered is a well-known mark than consider the principle of first-to-file and the provisions stipulated in the Trademark Law, such as the stipulation on the time period for filing a lawsuit for cancellation. ]]>
<![CDATA[KEKUATAN HUKUM DARI PERJANJIAN DI BAWAH TANGAN PERKARA KEPAILITAN ]]>
<![CDATA[Alberta, Alberta]]>;
<![CDATA[Gunadi, Ariawan]]>
<![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.v3i2.10563
<![CDATA[Bankruptcy is a verdict issued by the Commercial Court, which results in general confiscation of all assets and wealth of a debtor. Whether it is owned now or in the future. The settlement would be done by a curator under the supervision of a supervisory judge. These officials were appointed immediately at the time the bankruptcy verdict is read. Substantiation at a bankruptcy case follows the regulation in the civil procedural law. Which regulates 5 evidence, that are written evidence (deed), witness, prejudices, and vow. This written evidence is divided by 2 forms, an authentic (notarial) deed and a private deed. Both have the same binding strength, however different when presented to the court as proof. Private deed is weaker, and it is an imperfect evidence since it had to be proven furthermore. Bankruptcy has to qualify the requirements stated in Article 2 and Article 8 of Bankruptcy Law 2004. With one of the terms is a simple substantiation. Which does not comply with the nature of a private deed. This shall be depended on the judge’s authority to decide.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PEKERJA BERDASARKAN PERJANJIAN KERJA WAKTU TERTENTU DALAM MASA PERPANJANGAN KONTRAK (STUDI KASUS PUTUSAN PENGADILAN NEGERI TANJUNG PINANG NOMOR 20/Pdt.Sus-PHI/2017/PN.Tpg) ]]>
<![CDATA[Mikael Brian]]>;
<![CDATA[Andari Yurikosari]]>
<![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.v3i1.8900
<![CDATA[The implementation of fixed-term employment agreements in Indonesia is commonplace. But there are some companies that use fixed-term employment agreements to look for profits. Many companies are not aware that seeking profit from monopolizing workers with a fixed-term employment agreement, instead becomes an act that rapes the rights of workers who work in the company itself. The economic and social aspects of workers are greatly influenced by these monopolistic acts. Termination of employment unilaterally and without clear reasons also often occur. Extension of fixed-term employment agreement should follow the existing legislation, especially Law Number 13 Year 2003 concerning Manpower. But as the author mentioned, many companies that apply for an extension of the fixed-term employment agreement deviate from the provisions of the law. Therefore, in this thesis the writer will analyze and conduct a more in-depth study of the extension of the work agreement that deviates from the provisions of the law and also what legal consequences will be obtained by the company and workers if that happens.]]>
<![CDATA[ANALISIS PEMBERHENTIAN TIDAK DENGAN HORMAT SEBAGAI PEGAWAI NEGERI SIPIL ]]>
<![CDATA[Azizah, Nida Indriani]]>;
<![CDATA[Sitabuana, Tundjung Herning]]>
<![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.v4i1.11247
<![CDATA[Civil Servants (PNS) as state apparatus have a central presence in bringing policy components to the realization of national goals and national development. These components are accumulated in the form of distribution of duties, functions and obligations of Civil Servants (PNS). In accordance with the provisions of Article 87 paragraph (4) letter b of the ASN Law, and Article 250 letter b of Government Regulation Number 17 of 2020 concerning PNS Management, Civil Servants (PNS) are dishonorably discharged because "Sentenced to prison or imprisonment based on a court decision has permanent legal force for committing a criminal act of occupational crime or a criminal offense related to office and / or general crimes â€. The problem under study is whether "The decision of PT. TUN Jakarta Number 160/B/2020/PT.TUN.JKT which rejected Gatot Rachmanto's request for the Cirebon Regent's Decree (PLT) Number: 888/Kep/260/BKPSDM dated May 28, 2019 to be postponed while the examination of the State Administration dispute is in progress until a court decision is legally enforceable, it will not contradict the provisions of Article 67 paragraph (2) of the Administrative Court Law. This research was conducted using a normative legal research method, with a statutory approach. The data from this research were processed and analyzed using qualitative analysis techniques, and then presented in narrative form.]]>
