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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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AKTA PEMBAGIAN HAK BERSAMA YANG DIBUAT NOTARIS BERDASARKAN SURAT KETERANGAN WARIS PALSU ATAU DIPALSUKAN (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 688 K/PID/2017) Adit Wiratama; Sugandi Ishak
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.v3i2.10606

Abstract

Legal Heirs Certificate (SKW) is a letter that aims to determine someone to be an heir, but in practice many are faked. The problems faced in writing this thesis are how the legal consequences of the Deed With Rights Allocation (APHB) made by a Notary based on a forged Inheritance Certificate (SKW), a case study of the Supreme Court Decision Number 688K/Pid/2017. The research method used in writing this thesis is normative legal research. The results showed that the PPAT's negligence or deliberate action in making the deed would result in the deed being degraded as a strong means of evidence in the future which could have turned the deed into an underhand deed. Intentionally in making SKW registered by the village head / village head and sub-district head as contained in the Supreme Court Decision Number 688K/Pid/2017 in making a legally flawed deed (APHB) may result in the deed being null and void, because subjective requirements are not fulfilled (agreement of both parties) which has legal implications that the certificate of inheritance can be canceled. In carrying out his position, it is appropriate for the Notary to hold and carry out his position in accordance with the applicable law (on the track), which regulates the powers, obligations and prohibitions in making deeds as confirmed in Law Number 2 of 2014 concerning Amendments to the Law. Number 30 of 2004 concerning the Position of Notary Public
ANALISIS TERHADAP PERMOHONAN PENERBITAN AKTA KELAHIRAN YANG DITOLAK OLEH DINAS KEPENDUDUKAN DAN PENCATATAN SIPIL PASCA-PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XI/2013 Ria Evarini Natalia; Ahmad Redi
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.v3i2.10568

Abstract

The state of Indonesia, which is a constitutional state, has the right to obtain the identity of Indonesian citizens. One of them is getting a birth certificate. Historically, the establishment of the Indonesian state had the goal of creating a country that was prosperous, orderly, safe, and far from poverty. The goal of the Indonesian state, which wants its people to prosper, includes obligations that must be fulfilled. With the obligation to improve the welfare of the people, it is not spared from service so that a state law order is formed. The government that regulates state administration is the Population and Civil Registration Service. In the decision which states that the Petitioner who is 66 (sixty six) years old wants to process a petition that has been born that was rejected by the Population and Civil Registration Service then the applicant who goes to the District Court which should be in accordance with the decision of the constitutional court which is no longer under the authority of the court country to issue birth certificates. So that population action and civil registration are not in accordance with the objectives of the Indonesian state, namely to create a prosperous Indonesian state by carrying out population administration services.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS KETIADAAN TRANSPARANSI INFORMASI DI BIDANG JASA LAYANAN PENERBANGAN (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 975 K/PDT/2019) Raras Ayundhani; Anna Maria Tri Anggraini
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.v3i1.8906

Abstract

Passengers named Regina Goenawan, Sandra Goenawan, Ramona Goenawan, and Julius Chandra when they arrived at Soekarno Hatta Airport wanted to check in at the Air Asia counter for XT 7680 flight types, not allowed by Air Asia on the grounds that the name Regina Goenawan entered in blacklist. Air Asia at that time didn’t provide an explanation of the blacklist. This action is a one-sided flight cancellation. Passengers are suing PT Air Asia Indonesia Extra to the Tangerang District Court to the Cassation level at the Supreme Court. What are the Legal Considerations of Judges at the Tangerang District Court, Banten High Court, the Supreme Court that examined, tried, and decided the case? Is it in accordance with relevant regulations regarding the legal protection of passengers as consumers? The author examines using normative research methods. Research data shows that as law enforcers, the panel of judges in the Judicial Judgment of the Tangerang District Court Nomor 169 / Pdt.G / 2017 / PN. Tng and Banten High Court Nomor 9 / Pdt / 2018 / PT. Btn hasn’t compatibility with related regulations. While the Supreme Court's Decision Nomor 975 K / Pdt / 2019 is in accordance with regulations regarding legal protection of passengers as consumers and airlines. The airlines ignore the transparency of information and the inaccuracy in managing passenger data, the government should make more specific regulations regarding the transparency of information in the field of aviation services as a legal protection against passengers.
ANALISA UNSUR-UNSUR PEMBELAAN TERPAKSA DALAM SUATU TINDAK PIDANA DENGAN STUDI KASUS PUTUSAN PENGADILAN NEGERI KEPANJEN NOMOR. 01/PID.SUS-ANAK/2020/PN.KPN Stanislaus Arthur R.W.; R Rahaditya
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.v4i1.12002

Abstract

Basically, self-defense is a right which becomes the instinct of every person to defend himself or others, his property and honor from the evil deeds of other parties, which want to destroy or harm them illegally. The Criminal Code regulates several legal defenses, including the Overmacht which is regulated in Article 48 of the Criminal Code (KUHP), Noodtoestand and Noodweer which are regulated in Article 49 paragraph 2. This writing raises the issue of how the implementation of the defense is forced to become excuses for forgiveness and reasons for eliminating crime in Article 49 paragraph 2 of the District Court Decision Number 01 / PID.SUS-ANAK / 2020 / PN.KPN. This writing uses a normative or doctrinal research method, namely research provides a systematic explanation of the rules governing a category, the nature of research which uses practical and prescriptive normative properties, the types and techniques of writing are primary and secondary legal materials. noodweer excess in this case cannot be used as an excuse to abolish a crime because the judge does not have a proper basis in determining the decision.
TINJAUAN TENTANG PENOLAKAN PEMERINTAH REPUBLIK INDONESIA ATAS KEPULANGAN WARGA NEGARA INDONESIA EKS ISIS (ISLAMIC STATE OF IRAQ AND SYRIA) DITINJAU DARI HUKUM POSITIF INDONESIA Keivelyn Lovelycia; Tatang Ruchimat
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.v3i2.10611

Abstract

The discourse of returning Indonesian citizens ex-ISIS (Islamic State of Iraq and Syria) to Indonesia in February 2020 has generated a lot of debate in the community. On Wednesday, February 12 2020, President Joko Widodo has decided not to allow 689 ex-ISIS Indonesians to return to their homeland for safety reasons. This decision is deemed contrary to positive Indonesian law, where Indonesian citizens may not be prohibited from entering / returning to Indonesia. Then what is the state's responsibility towards ex-ISIS citizens when viewed from Indonesia's positive law? In this research, normative legal research methods will be used. The research results show that ex-ISIS Indonesian citizens should not be prohibited from returning to Indonesia because they still have Indonesian citizenship status and ex-ISIS citizens can be subject to Indonesian criminal penalties and must carry out deradicalization as regulated in Indonesian legislation. The Indonesian government should reconsider the return of ex-ISIS citizens to Indonesia as regulated in Indonesia's positive law. If the Indonesian Government continues to take steps to refuse their return, then it is better if the government provides a strong legal basis and reasons for refusing their return.
PENERAPAN SANKSI PIDANA DENDA BAGI PELAKU TINDAK PIDANA RINGAN BERDASARKAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 (Studi Kasus Putusan Nomor 807/Pid.B/2020/PN.Jkt.Utr) Natanine Natanine; Hery Firmansyah
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.v3i2.10573

Abstract

Minor Crimes is a type of crime that is considered to be light and not dangerous. Regulations regarding minor crimes are contained in the Indonesian Criminal Procedure Code (KUHAP) , Indonesian Criminal Code (KUHP) and adjustments were regulated in Supreme Court Regulation Number 2 of 2012. The Supreme Court Regulation was formed because there is a lack of laws regulating minor crimes in the Criminal Code, where the nominal limits and the amount of fines regulated cannot be used in current socio-economic conditions as this time. In addition, based on the 2012 Memorandum of Understanding, the purpose of that Supreme Court Regulation was established to make the fine penalties more effective in the Criminal Code. However, in the Verdict of North Jakarta District Court Number 807/Pid.B/2020/PN.Jkt/ Utr, the minor crimes regulation based on that Supreme Court Regulation were not applied even though the value of the object stolen was under the regulated nominal, and the perpetrators were sentenced to a year in prison instead of sentencing them with fines as per regulated in the Supreme Court Regulation. So the question that arises is, how is the application of fines for perpetrators of minor crimes based on Supreme Court Regulation Number 2 of 2012 in Verdict Number 807 / PID.B / 2020 / PN.Jkt.Utr.?
PERLINDUNGAN HUKUM TERHADAP KONSUMEN (PENERIMA PINJAMAN) FINANCIAL TECHNOLOGY YANG BERBASIS PEER TO PEER LENDING DI INDONESIA Dita Tania Pratiwi; Sri Bakti Yunari
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.v3i1.8911

Abstract

Financial technology based peer to peer services and loan lending is based on information technology, borrowed money but in practice the financial technology based peer to peer lending is much violations. As for the problems raised is how legal protection to consumer credit recipients of borrower unlawful act carried out by lenders financial technology based peer to peer, lending and how legal remedy that can be done by consumers received loans for unlawful act carried out by lenders financial technology based peer to peer lending in Indonesia. The methodology used normative. Research is the type of secondary law obtained analyzed in the prescriptive. The analysis, obtained implies that legal protection to consumer credit recipients fintech is to carry out the principles that set in POJK 77 /POJK.01/2016, perform consumer business and the industry and both during the online transaction. While judicial remedies that can be done by the consumer credit recipients may submit complaints to OJK, make a report to BPSK, consumers and filed a lawsuit in civil and criminal to court. As a suggestion needs to be strict regulations in terms of monitoring activities. fintech in Indonesia.
KEDUDUKAN SAKSI MAHKOTA SEBAGAI ALAT BUKTI DALAM PUTUSAN BEBAS TERHADAP DELIK PENYERTAAN PEMBUNUHAN BERENCANA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 912/K/PID/2017) Indra Dohara Siburian; Ade Adhari
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.v4i1.12007

Abstract

Crown witness in the Supreme Court Decision No. 2437 K / Pid.Sus / 2011 is defined as a witness who comes or is taken from one of the suspects or other defendants who jointly committed a criminal act. The position of crown witnesses in the criminal justice system in Indonesia has been very often considered and used by judges in deciding a case. This study analyzes the position of crown witnesses as evidence that becomes a consideration for judges in deciding cases. The research method used in this study is a normative legal research method with a research approach. The research approach used in this study is a statutory approach (Statute Approach) and a case approach (The Case Approach). Such as the case of premeditated murder in the Supreme Court Decision Number 912 / K / PID / 2017 which occurred in Makassar with the victim Giring. The murder perpetrators consisted of 3 people, but only 2 were convicted while 1 was acquitted. In this case the judge ignores and does not consider the testimony of the crown witness as evidence as his consideration in deciding a case. The position of the crown witness is very important in a case where the testimony of the crown witness is also the testimony of the witnesses which cannot be ignored by the judge according to the legal regulations in Indonesia which have regulated the position of the crown witness himself.
TANGGUNG JAWAB PENGELOLA TEMPAT WISATA TERHADAP KERUGIAN KONSUMEN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI PUTUSAN NOMOR 186/PDT.G/2018/PN.MLG) Tara Ulina Ginting; Amad Sudiro
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.v3i2.10617

Abstract

The consumer protection law that regulated in by the law number 8 of 1999 concerning consumer protection. rights and obligations of consumers as well as responsibilities of business actors are part of it. If a consumer experiences injuries to his body parts that cause his rights and obligations to be harmed, that is where the law must be enforced fairly. so that the relationship between consumers and business actors is mutually binding. so that the implementation of responsibility for managing tourist attractions against consumer losses can be resolved. There are 4 forms of responsibility, namely product responsibility, clear honesty and accurate information, protecting consumers well, providing quality goods and services, providing appropriate forms of compensationLaw number 10 of 2009 concerning tourism regulates how the rights of each tourist contain accurate information about tourist attractions, tourism services in accordance with standards, legal protection and security, health services, protection of personal rights and insurance protection for tourism activities high risk.
TINJAUAN TERHADAP PERAN PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PERLINDUNGAN BAGI PENERIMA HIBAH TERHADAP OBJEK HIBAH BAGI AHLI WARIS PEMBERI HIBAH (STUDI KASUS PUTUSAN PENGADILAN NEGERI LARANTUKA NOMOR 7/PDT.G/2016/PN.LRT TANGGAL 15 MEI 2017) Chelvia Priscilla; 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.v3i2.10578

Abstract

In the use of ownership rights over land and buildings, one of the most common can be done is transitional. The transfer referred to is the transfer of rights between one party to another party, one of which is a grant. The role of PPAT is very important in protecting the legal certainty of the implementation of a grant, especially in protecting the will of the grantee to provide the grant object and the grantee who receives the object of the grant from a lawsuit that may occur in the future by the beneficiary of the grant, where a person who has passed away is not can again give the explanation. In everyday life it is not uncommon to find in a family, the transfer of assets of parents who are not known to their children as experienced by the family of the late Clara Diaz in the Verdict of the Larantuka District Court Number 7 / Pdt.G / 2016 / PN.Lrt Date May 15, 2017 which resulted in a lawsuit at a later date. So that a PPAT deed has a big role to be an authentic proof and protector of the will of the parties in making a grant.

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