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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 PERTIMBANGAN HAKIM MENGENAI “ALASAN MENDESAK” DALAM SE MENAKERTRANS NO. SE-13/MEN/SJ/HK/I/2005 (STUDI KASUS PUTUSAN NOMOR 139PK/PDT.SUS-PHI/2016) Anastasia Prestika; 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.v3i1.8933

Abstract

In the Civil Code governing the Agreement in Book III, one of which is an agreement governing employment or what is known as an Employment Agreement (Article 1601 Civil Code) and further stipulated in Law Number 13 of 2003 concerning Employment (Labor Law). In work relations, disputes often arise between employers and workers, there are 4 types of disputes, namely rights disputes, disputes of interest, disputes of termination of employment and disputes between workers in one company. Disputes that most often occur are disputes about termination of employment because workers have made a grave mistake as stipulated in Article 158 Paragraph (1) of the Labor Law. Regarding termination of employment due to the mistakes of workers / laborers feeling there is injustice, a judicial review is submitted to the Constitutional Court, with decisions regarding these articles which do not have binding legal force. Then it was followed up by the Minister of Manpower and Transmigration by issuing Circular Letter Number: SE.13 / MEN / SJ-HK / I / 2005, that layoffs can be fixed after receiving a criminal court decision that is still legal force and if there is an "urgent reason" then it can directly apply to the settlement institution of industrial relations disputes.
ANALISIS TERHADAP PERKAWINAN BEDA AGAMA DITINJAU DARI PERATURAN PERUNDANG UNDANGAN DI INDONESIA (Studi Kasus Penetapan 278/Pdt.P/2019/PN.SKT) Mohammad Rifqy Fakhriza; Mia Hadiati
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.v4i1.12028

Abstract

The life of society has evolved, there are no boundaries between people from any race, religion, tribe background in Indonesia. Because of that, it's very possible for people from two different religions to have any relationship and want to get married. One of those people is Agustinus Dwi Nugroho and Ika Dede Yuniar, they appeal some pleas to Surakarta Court, demanding for their marriage to be legalized. In the verdict, the judge granted all the pleas. The issue in this research is how is different religion marriage in Indonesian laws? (Case Studies number 278/Pdt.P/2019/PN.Skt), the research method is Normative with conceptual, laws and case approach and supported by data from library and some interviews. Different religion marriage in Indonesian law is not yet being regulated but there are a few laws related to the topic, such as: Article 2 Paragraph (1) and Article 8 Law Number 16 Year 2019, Article 35 Law Number 23 Year 2006, and Article 40 and Article 44 in Islamic Law Compilation. In the verdict that became the subject in this research, the writer feels there's some law that is not yet included in the consideration, such as Article 8 Law Number 16 Year 2019 and Article 44 in Islamic Law Compilation because one of the parties in that verdict is moslem.
HAK ATAS TANAH YANG JANGKA WAKTUNYA SUDAH HABIS DIWARISKAN KEPADA AHLI WARIS (STUDI KASUS HAK GUNA BANGUNAN NOMOR 111/KWITANG) Carissa Janice; 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.v4i1.10842

Abstract

Building rights title can be terminated due to its period of time. The land will be returned to its owner when the period of time is over. However, there’s some building rights title whose period of time is over that is still be included in some certificate of inheritance or wills although according to Law Number 5 of 1960 also referred to as UUPA or the Basic Agrarian Law Act the land has to be returned to the state or to its owner. Can building rights title which has expired be inherited by the heirs? And how is the dividing method? The research data shows that there are some different opinions from the results of the interview about the expiration time of building rights title. Building rights title that has expired cannot be extended but rights renewal can be done. Therefore, the building tights title is requested for rights renewal only then be divided according to its rightful heirs.
TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA PENGIKATAN HIBAH YANG DIBUAT ATAS DASAR PENYALAHGUNAAN KEADAAN (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 892 K/PDT/2017) Joshua Tanaya; 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.v3i2.10594

Abstract

Notary as a public official is authorized to make all kinds of authentic deeds, one of them is in terms of making agreements.In making agreements, Article 1320 Civil Code provides the general conditions by which a contract is valid. It consists of 4 (four) conditions, which if one of the conditions isn’t  fulfilled it could cause certain legal consequences relating to the validity of the agreement. In Decision 892 K / Pdt / 2017 the grant binding agreement was made under misuse of circumstances, that caused a legal problem regarding the deed’s validity.In addition a notary public should take responsibility for the deeds.The result is that the grant binding agreement that was made under misuse of circumstances shall not be considered valid and is cancelled by the judges. In addition, notary’s responsibility upon his actions is that Notary may be sanctioned by civil sanctions in form of compensation, criminal sanctions in form of imprisonment and administrative sanctions.
ANALISIS YURIDIS PELAKSANAAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PADA PT. PASIFIK AGRO SENTOSA Eric Vincent; 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.v3i1.8938

Abstract

Social and environmental responsibility activities are important in building the company's image and reputation, which in turn increases the trust of both consumers and business partners of the company. PT. Pasifik Agro Sentosa (PAS) itself is an agribusiness company engaged in oil palm plantations, sugar cane plantations, sugar mills and refined sugar industry. Specific regulations governing the implementation of social responsibility must be in line with the provisions carried out by PT. PAS is in accordance with article 3 paragraph 1 of Government Regulation Number 47 of 2012. Methodology uses empirical legal research (juridical empirical). Empirical law research is oriented towards primary data (research results in the field). Research specifications in the form of descriptive analytical research implementation of social and environmental responsibility of PT. Pacific Agro Sentosa. The results of the analysis of the authors that the implementation of social and environmental responsibility of PT. PAS by following the applicable laws and regulations of course also helps the government in terms of community empowerment, by building schools, polyclinics, and other institutions that are needed. Obstacles encountered were differences in understanding with the community and social jealousy from the community / village. In conclusion, the implementation of TJSL conducted by PT. PAS in accordance with article 3 paragraph 1 of Government Regulation Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies based on community empowerment. Suggestions from the author that there is a need to reduce TJSL in the form of charity.
URGENSI PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 10 TAHUN 2020 TENTANG SYARAT PEMBERIAN ASIMILASI DAN HAK INTEGRASI BAGI NARAPIDANA DAN ANAK DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN PENYEBARAN COVID-19 DILIHAT DARI TUJUAN PEMIDANAAN Christian Sutanto; Rugun Romaida Hutabarat
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.v4i1.12033

Abstract

The assimilation policy in the midst of the Covid-19 pandemic is given as the right of prisoners after fulfilling the requirements in the applicable legal rules. In the midst of the Covid-19 pandemic, prisons are a risky place because many prisons are uninhabitable due to overcapacity. The problem faced is the urgency of Regulation of the Minister of Law and Human Rights Number 10 of 2020 concerning the Requirements for Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Preventing and Combating the Spread of Covid-19 seen from the theory of the purpose of punishment. The research method used is normative legal research.  The results showed that the concept of assimilation viewed from the perspective of the integrative punishment theory was considered unsynchronized because the purpose of punishment was to maintain legal order in society and improve the personality of the perpetrator while still paying attention to human rights, compared to imprisonment which had more negative impacts. This policy is in accordance with the concept of assimilation, namely the fulfillment of the requirements and conditions as stipulated in the laws and regulations. Prisoners who return to criminal acts after being released through the assimilation and integration program in the midst of the Covid-19 pandemic, it is necessary to take action from the government with weighted punishment and remain under the supervision of Bapas, namely video conference and group line / whatsapp so this program remains goes well.
PERLINDUNGAN KONSUMEN PENGGUNA LISTRIK PASCA BAYAR TERHADAP KENAIKAN TAGIHAN LISTRIK PLN SECARA TIBA-TIBA DIMASA PANDEMI COVID-19 (STUDI KENAIKAN LISTRIK PERIODE APRIL-MEI DAN JUNI 2020) Jepri Hasiholan; Mariske Myeke Tampi
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.v4i1.10847

Abstract

That the recording of the Kwh meter independently that was carried out by PLN during the Covid-19 pandemic in the April, May and June 2020 periods, PLN had violated consumer rights. The articles mentioned are Article 4 letter c and g of the Consumer Protection Law in conjunction with Article 29 Paragraph (1) letter a of the Electricity Law in conjunction with Article 1338 Paragraph (1) KUHPer. PLN does not carry out the obligations that are the rights of consumers and that have become an agreement is a form of violation and injures consumer rights. The existence of Covid-19 cannot be a reason for PLN because it can implement health protocols and in recording meters between consumers and meter registrar employees there is no direct contact. Thus, the Kwh meter recording program independently during the Covid-19 pandemic did not provide protection for consumers. The settlement mechanism that can be carried out is an increase of more than 20 percent, so that the payment for consumers is only required to pay the electricity bill for June 2020 plus 40 percent of the difference between the previous month's bills (March, April and May) using the 3-month average usage rate. Then the remaining 60 percent is paid in the next 3 months at a rate of 20 percent every month.
ANALISIS YURIDIS PERTANGGUNGJAWABAN HUKUM PENYELENGGARA PERDAGANGAN MELALUI SISTEM ELEKTRONIK TERHADAP BARANG YANG TIDAK SAMPAI Gabriel Gloria; 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.v3i2.10599

Abstract

The marketplace as an organizer of trade through an electronic system is a forum that bridges by providing convenience for online buying and selling activities. This study aims to determine the legal relationship between the parties involved in buying and selling activities and to find out how the accountability of trade organizers through electronic systems for goods that do not arrive. This type of research used in this research is normative legal research. The legal relationship in buying and selling is a continuous and mutually sustainable relationship because they need each other. In the event that an order does not reach the marketplace as a trade organizer through an electronic system is not responsible because he will be responsible if the loss arises from services used such as hacked data, then to obtain legal certainty the consumer can appoint another appropriate party, namely the merchant to be held accountable. compensation.
PEMBUKTIAN ASAS KESALAHAN DALAM PUTUSAN BEBAS TERHADAP PELAKU TINDAK PIDANA PENCABULAN ANAK DIBAWAH UMUR (STUDI PUTUSAN PENGADILAN NEGERI KOTA BUMI LAMPUNG UTARA NO 51/PID.SUS/2016/PN.KBU) Bima Sena; Mulati Mulati
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.v3i1.8944

Abstract

Proof process in the trial is a series of processes that must be carried out in the trial, this process is carried out with the aim to obtain legal certainty and justice for all Indonesian people therefore in the process of proving that law enforcement must pay close attention to the stages. The process of legal protection against children who are victims of the crime of sexual abuse of minors are contained in Law Number 35 of 2014 concerning Amendment to Law Number 23 of 2002 concerning Child Protection. However, in the trial process there were several obstacles or obstacles in achieving justice, one of which occurred in the North Lampung City District Court Decision Number 51 / Pid.Sus / 2016 / PN.Kbu, based on the facts contained in the trial process of the defendant did not meet the element of error contained in the article indicted by the Public Prosecutor, so the Panel of Judges handed down the acquittal of the defendant. This proves that in the trial process there has not yet reached a sense of justice and legal certainty received by one of the parties that is carrying out legal efforts. So that the problem arises as to how to prove the principle of error towards a free verdict. The method used by researchers is normative legal research for academic purposes supported by interviews with several sources. From the results of research and discussion in the trial process there are still often obstacles to the achievement of justice for all parties, therefore the authors suggest that the Judge handle criminal acts of sexual abuse in the future to be more careful and thorough in accordance with the law in imposing criminal decisions .
URGENSI PENYELESAIAN KASUS BANTUAN LIKUIDITAS BANK INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 1555K/PID.SUS/2019) Aldo Evander Wijaya; Jeane Neltje Saly
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.v4i1.12434

Abstract

The BLBI case is indeed quite complex to handle, considering that there were two BPK audit results in 2006 and 2017 with different results, especially regarding the presence or absence of state financial losses as an element of corruption. The problem faced is how the impact of uncertainty in rescuing the BLBI case on the future of investment in Indonesia and how urgency to resolve the Bank Indonesia Liquidity Assistance case based on Law Number 10 of 1998 concerning Banking related to the Supreme Court's Decision Number 1555 K/Pid.Sus/2019. The research method used in writing this scientific paper is a normative juridical research method. The results of the study indicate that the impact of uncertainty in rescuing the BLBI case on the future of investment in Indonesia is investor distrust of the investment climate in Indonesia, given the long-winded and time-consuming BLBI settlement. The urgency of resolving the Bank Indonesia Liquidity Assistance case based on Law Number 10 of 1998 concerning Banking related to the Supreme Court Decision Number 1555 K/Pid.Sus/2019 is through the MSAA mechanism with Release and Discharge clauses and MRNIA, but in reality this has implications for various irregularities by the obligor or the BLBI receiving banks. In order to recover the state financial loss of Rp. 108 trillion to the State treasury, the government uses a civil lawsuit on the basis of the Asset Confiscation Law.

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