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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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PERLINDUNGAN HUKUM TERHADAP PEKERJA AKIBAT PEMUTUSAN HUBUNGAN KERJA (PHK) SEPIHAK BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI PUTUSAN PENGADILAN NEGERI BANDUNG NOMOR 211/PDT.SUS-PHI/2018/PN.BDG) Grace Angelia; 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.v3i1.8916

Abstract

Termination of Employment is one of the disputes that often arises in the world of work. This certainly can be detrimental to the workers because in addition to losing their jobs for their lives, workers often do not get their rights in accordance with the provisions stipulated in the Manpower Act especially if the worker does not make a mistake in the company. Layoff disputes can be resolved through bipartite, tripartite, to court level. In this case, 9 (nine) workers who were laid off for efficiency reasons had made bipartite negotiations and mediation efforts but still did not reach an agreement so that the workers filed a lawsuit with the Bandung District Court. Even so, workers still do not get their rights in accordance with the provisions of the law so that if seen in this decision the role of the law as a legal umbrella to protect the rights of the community is not realized.
DAMPAK TERHADAP TINDAKAN MEMPERTONTONKAN TERSANGKA DI MUKA UMUM DITINJAU DARI ASAS PRADUGA TAK BERSALAH Yakobus Yakobus; 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.v4i1.12013

Abstract

The principle of presumption of innocence is regulated in Law No. 14 of 1970 Article 8 which contains the definition of the presumption of innocence. But this principle is often ignored by law enforcers in the investigation process in a variety of ways, one of which is the act of showing the suspect in public, cases like this have very often occurred in the investigation process in Indonesia, especially in the field of special crimes of corruption and narcotics.  This has become an inherent culture for law enforcers to expose suspects to the public, with this action suspects who have not yet received a guilty verdict must undergo social sanctions obtained from showing this suspect, so that it can have an impact that can stick to the suspect. alone as well as relatives and family. Many parts of society support this action without caring and knowing about the impact of this action, but there are also groups of people who disagree and consider this as an act of violation of the presumption of innocence that must be stopped.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS INFORMASI TANGGAL KADALUWARSA PRODUK MAKANAN BERDASARKAN UNDANG-UNDANG NO. 8 TAHUN 1999 (Studi Putusan NO.149/Pid.Sus/2017/PN.Ktb) Leviana Rachel; 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.v3i2.10622

Abstract

Legal protection for consumers on information on the expiration date of food products, especially food products sold by minimarkets. Sun. Often overlooked. In the field, the Minimarket Mentari sells food products that have no expiration date information, and it is even found that some packaged and canned foods do not include the expiration date so that it is very detrimental to food consumers and violates consumer rights. Kotabaru District Court Decision No. 149 / Pid.Sus / 2017 / PN.Ktb regarding the right to see consumers is not in line with Law no. 8 of 1999 concerning consumer protection. The ruling provides consumers with improper food legal protection. This research was conducted using normative legal research methods. Legal materials obtained by statute law and case law for normative analysis. Based on the results of the analysis, Law Number 8 of 1999 concerning Consumer Protection provides legal protection to consumers when food is damaged, it expires, in addition to their rights, they can also demand compensation, compensation or replacement of components in Article 4h. Get some good publicity through courts and BPSK as an effort to properly resolve disputes as stated in Article 4 letter e of the UUPK.
PRAKTEK EKSEKUSI ASET PERUSAHAAN DEBITOR PAILIT MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (STUDI KASUS PUTUSAN NOMOR 11/PDT.SUS-PAILIT/2017/ PN.NIAGA.SMG) Chairul Maksus Syam; Stanislaus Atalim
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.v3i2.10584

Abstract

Bankruptcy occurs not only for small capital companies, companies with big names or brands are not free from the risk of bankruptcy. Even the confiscation of the assets of a bankrupt company has experienced obstacles and the bankruptcy bill is not sufficient to cover the creditors' debt. The problems faced in writing this thesis are what the legal consequences are and what legal remedies for creditors if the bankruptcy bill is insufficient. The research method used in writing this thesis is normative legal research. The results show that the legal consequences and legal remedies for creditors if the bankruptcy bill is insufficient, of course the creditors have the right to receive their debt repayment from the debtor in accordance with the total bill and the payment method specified in the agreement. The management of the assets of the bankrupt debtor is transferred to a curator who is supervised by the supervisory judge, so that all actions affecting the bankruptcy assets, whether detrimental or profitable, must be carried out with the approval of the curator. Whereas legal remedies for creditors if the bankruptcy bill is insufficient, of course in this case refers to the decision to withdraw the bankruptcy statement, bankruptcy law through Article 19 paragraph (2) opens legal remedies for parties who are not satisfied with the decision by filing an appeal and / or Reconsideration to the Supreme Court.
TANGGUNGJAWAB PELAKU USAHA DALAM MEMPERDAGANGKAN PRODUK SUSU SGM KADALUWARSA ( STUDI KASUS PUTUSAN PENGADILAN TINGGI PEKAN BARU NOMOR 264/PID.SUS/2015/PT.PBR ) Alex Siswanto; 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.v3i1.8923

Abstract

Consumer rights are regulated Law No. 8 of 1999 concerning Consumer Protection of the Republic of Indonesia, one of which is the right to comfort, security and safety in consuming goods and / or services. This study aims to determine the responsibility of entrepreneurs who trade expired food. Therefore, consumer rights must be protected so that a sense of security arises in society. Consumer protection is a serious concern for authorized agencies so that expired products are not spread and cause fatalities. This research examines how the responsibility for actors trading expired products and the application of consumer protection laws and related laws such as the Food Law and Health Act. To support this research the authors used data collection techniques in the form of interviews and literature studies. The results of this study conclude that the application of consumer protection laws and other laws related to food have not been implemented properly, where business actors as providers of goods and services do not pay attention to their obligations as business actors and consumer rights protection. Problems or constraints in the application of consumer protection enforcement both the issue of expired food or other consumer disputes, namely the authorized agency. This can be seen from the regulations governing this case that there are many and complete both in private law and public law, but everything is returned to the agencies that apply the consumer protection law.
PENGGUNAAN SAKSI MAHKOTA DALAM TINDAK PIDANA PENCURIAN YANG DISERTAI DENGAN KEKERASAN (STUDI KASUS NO 563/PID.B/2019/PN.JKT.BRT) Ahmad Aryadi; 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.v4i1.12018

Abstract

This study aims to analyze the use of crown witnesses in criminal acts that often occur in the prosecution process in court as evidence in cases witnessed by the defendants, especially in cases of theft accompanied by violence. This research was conducted with a normative research approach and with data collection, one of which was by conducting interviews with the defendants and also their families as a data collection technique and also literature study obtained from the prevailing laws and regulations, books, jurisprudence of the Supreme Court, as well as Supreme Court Circular Letters, journals, and internet sites. The results of this study indicate that the use of crown witnesses in evidence in Indonesia is often used, initially the reason for using crown witnesses was as evidence against the public against the crime that occurred, but along with the times the crown witnesses should be accompanied by sufficient evidence to prove that the defendant is a people who are truly proven to have committed a criminal act, the need for legal protection related to the improvement of the Criminal Procedure Code, especially the affirmation of the use of crown witnesses, is needed, legal protection by providing an understanding of the human rights of people who have been harmed due to misunderstandings caused by the dualism of understanding of Jurisprudence as one a source of law that has permanent legal force, so that the purpose of law, namely to establish order and balance in society can be achieved.
TANGGUNG JAWAB DITJEN KI TERHADAP PEMBATALAN MEREK DAGANG COFFEEBERRY (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 769K/PDT.SUS.HKI/2019) Sukmo Hanggarjito; Simona Bustani
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.v3i1.8928

Abstract

Trademark is important in trade as the identity of an item, trademark disputes often occur in the world whose main purpose is to gain profit without looking at the interests of others by registering the brand in bad faith as in the case of COFFEEBEERY which was appointed as a thesis by the author. This research focuses on the responsibilities of the Directorate General of Information Technology as the party responsible for examining trademarks by analyzing the Supreme Court Decision Number 769K / PDT.SUS.HKI / 2019 and based on the 2016 Trademark Law and also the Minister of Law and Human Rights Regulations Number 67 in this thesis research the research method used is the normative research method supported by additional interviews from several experts. Based on the author's analysis the responsibility of the DITJEN KI starts from the substantive examination of the brand until the issuance of the Cassation verdict, in this examination there are weaknesses because the DITJEN KI does not have a system related to a well-known brand that can act as a loophole for those in good faith to imitate a brand while the responsibilities after the Cassation verdict is only carrying out the decision in accordance with the contents of the decision. The writer has a suggestion for the Directorate General of Information Technology, which is to improve the registration system, so that the mark which ends with the cancellation of the mark can be detrimental to the parties.
ANALISIS TENTANG KEABSAHAN JUAL-BELI TANAH GARAPAN BEKAS TANAH PARTIKELIR VERPONDING (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR : 1870 K/PDT/2017) Delvin Akbar; Hanafi Tanawijaya
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.v4i1.12023

Abstract

The agreement could emerge in many forms, in general, it could be divided into 2 forms: written agreement and unwritten agreement. In common, there are some forms of agreement that are already known by the society such as land sale and purchase, lease, and so forth, in which land sale and purchase agreement is the most known agreement. According to customary law, land sale and purchase is a land rights shifting that is clear and cash. The legal requirements of an agreement are regulated in article 1320 KUHPerdata. However, the legal requirements of land sale and purchase agreements are not considered in the verdict of District Court of Jakarta Pusat No.519/Pdt.G/2012/Pn.Jkt.Pst, the verdict of High Court of Jakarta No. 467/PDT/2015/PT.DKI and verdict of Supreme Court No : 1870 K/Pdt/2017. In this research, the researcher investigated the validity of land sale and purchase of arable land that previously exists as verponding land, which is written in the verdict of Supreme Court No : 1870 K/Pdt/2017. The method used in this research is normative law, supported by the interview data. The results of this research show that the judge has ignored legal regulations and provisions. The basic consideration of the verdicts is contradicted with the legal requirements of an agreement that is regulated in article 1320 KUHPerdata. The panel of judges should consider the validity of the land sale and purchase agreement as the basis of the verdict.  
PERLINDUNGAN HUKUM TERHADAP HAK ULAYAT MASYARAKAT HUKUM ADAT BATIN HITAM SUNGAI MEDANG DESA KESUMA KECAMATAN PANGKALAN KURAS KABUPATEN PELALAWAN, PROVINSI RIAU (STUDI PUTUSAN NOMOR 113/PID.B/2019/PN PLW) Yunita Baransano; Hanafi Tanawijaya
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.v3i2.10627

Abstract

The problem that will be discussed in this research is how the agreement for the management of the customary land of Batin Hitam Sungai Medang customary community, Kesuma Village, Pangkalan Kuras District, Pelalawan Regency, Riau Province with PT. Arara Abadi and how its legal protection for holders of customary rights over their ulayat lands, efforts to implement various laws and regulations on customary law communities and their customary rights as an effort to implement the boundary agreement for PT. Arara Abadi. This type of research is normative, so the data sources used are primary data from interviews, secondary data from libraries and tertiary data from dictionaries, media, and encyclopedias. Interview data collection techniques, and literature review. Legal protection is an effort to protect the ulayat rights of the Batin Hitam customary law community in the former IUPHHK-HTI area of PT. Arara Abadi, due to the dispute settlement with the Batin Hitam customary community with the agreement that: a) The 1.5 km area on the left and right of the Medang river or approximately 4,300 ha, was excluded from PT. Arara Abadi to enclave and preserve. b) Whereas the 54 hectare area deemed to have been damaged by the Batin Hitam customary law community includes the area of customary land. field.
ANALISIS PELINDUNGAN HUKUM TERHADAP HAK SIAR DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2002 TENTANG PENYIARAN DAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA (CONTOH KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 629/PDT.SUS-HKI/2019) Sarah Mawaddah Shabariyah; Christine S.T. Kansil
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.v3i2.10589

Abstract

There were so many violations of the 2014 Brazil World Cup soccer match broadcast. The 2014 Brazil World Cup broadcast violations were resolved through litigation, namely the Commercial Court because it was a violation of the Related Rights. There are two laws and regulations in positive law in Indonesia related to broadcast rights.The Broadcasting Law and UUHC are the legal umbrella for protecting the implementation of broadcast rights.The realization of these two laws regulates two different things. The Broadcasting Law regulates the license of a broadcasting institution while the UUHC regulates the protection of broadcast work content which is included in Related Rights, thus raising questions regarding how to protect broadcast work holders and control broadcast rights in Indonesia. The method used is juridical empirical. The results of the research show that protection for broadcast work holders who can also be called creators is protected by Article 40 UUHC which is basically included in protected works, thus UUHC has provided protection for broadcast works and broadcast work holders even though Article 40 UUHC does not explicitly mention about broadcast works themselves, but broadcast works are protected by broadcasting institutions based on Article 3 letter b of the UUHC, namely Related Rights and the supervision of Broadcast Rights in Indonesia is currently being monitored by KPI based on the mandate of the Broadcasting Law. In practice,not only KPI can supervise, but the public can participate if there is a broadcast without permission or license from the holder of the broadcast work.

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