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.
Articles
835 Documents
<![CDATA[PERTIMBANGAN HAKIM DALAM MENOLAK GANTI RUGI BUNGA MORATOIR BERDASARKAN PASAL 1250 KITAB UNDANG-UNDANG HUKUM PERDATA PADA TRANSAKSI JUAL BELI ANTARA PT ELMECON MULTIKENCANA DENGAN PT AES AGRIVERDE INDONESIA (STUDI PUTUSAN NOMOR : 46/PDT.G/2018/PN.JKT.PST.) ]]>
<![CDATA[stephen william]]>;
<![CDATA[Mia Hadiati]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i1.10992
<![CDATA[PT Aes Agriverde Indonesia did not make full payment for the shipment and installation of goods. Panel Distribution Board DB901 (Blower) and DB905 (Lagoon) Repowering PHS and delivery of goods OMM Spare Inverterand PLC PHS Repowering Unit that has been installed, PT Elmecon Multikencana filed a lawsuit to the District Court Central Jakarta for default by PT Aes Agriverde Indonesia. In the lawsuit, one of them is a request for a late fee of 2%. The problem that was raised was how the Judge's consideration of rejecting the interest compensation in Article 1250 of the Civil Code on sale and purchase transactions (Study of Decision Number 46 / Pdt.G / 2018 / PN.Jkt.Pst)? The research method used is a normative research method supported by interview data to strengthen the research results. Whether or not there is an agreement regarding late fees or interest rates that have been submitted to the District Court, it is not impossible or cannot be granted, but it all depends on the judge who will judge at the time the trial begins. It can be concluded that even though the plaintiff does not have a strong legal basis regarding the amount of interest rates, the Panel of Judges at the Central Jakarta District Court should have granted the request for late fees or interest rates.]]>
<![CDATA[PENGGUNAAN KEKERASAN DALAM PROSES PENYIDIKAN DILIHAT DARI PERSPEKTIF HUKUM DAN HAK ASASI MANUSIA ]]>
<![CDATA[Yohanes Kevin Manik]]>;
<![CDATA[R. Rahaditya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v3i1.9007
<![CDATA[The police as a state agency have several tasks, one of them is to carry out investigations which will be helpful to find and collect evidence of a criminal act and its suspects. However, during the investigation process, the police tend to adjust violence to obtain evidence or confession from a person who suspected of committing a crime. Violence acts committed by the police can harm the suspect, in which the suspect has rights as a human being and as a community protected by laws and regulations. The police that committed violence acts against suspects can be santioned and/or sentenced based on the Police Professional Code of Ethics. The investigation process aims to provide clarity on a crime that has occurred. While carrying out the investigation process, the police assigned to look for evidence of a criminal act will interrogate the suspect. In the Article 52 of Criminal Procedure Code states that, during an investigation process a suspect has the right to provide information freely to the investigator.]]>
<![CDATA[KEPASTIAN HUKUM MENGENAI JAKSA PENUNTUT UMUM DALAM MENGAJUKAN PENINJAUAN KEMBALI ]]>
<![CDATA[Louis william]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i1.11071
<![CDATA[Review Of Court Decision or Judicial Review is regulated in law No 8 of 1981 concerning The Criminal Procedure Code/ Kitab Undang Hukum Acara Pidana (KUHAP). Article 263 paragraphs (1) (2) and (3) contain the matter of reconsideration, who is entitled to do the terms of review, however this has not been achieved optimally. Plenty of cases regarding prosecutors applying for reconsideration; which then creates no legal certainty. Nonetheless, in respect of who has the right itself, it is only the defendant or their heirs that are listed. Yet, there is no clear prohibition which expresses that the prosecutor cannot apply for reconsideration or judicial review. Whereas in making laws, there must be legality principles, that is Lex Scripta must be formally written and of certainty, Lex Stricta must be directed strictly, and then Lex Certa must be clearly stated and unambiguous. Since there is still grey area in the regulation related, therefore this journal aims to discuss about review of court decision the right of public prosecutor in conducting review of court of decision]]>
<![CDATA[PENERAPAN ASAS PRIMUM REMEDIUM DALAM TINDAK PIDANA PEMBAKARAN HUTAN YANG DILAKUKAN OLEH KORPORASI ]]>
<![CDATA[Yori Demasto]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v3i1.9183
<![CDATA[Indonesia's forest fires occurring in Indonesia have disturbed many parties, not only the people and the country itself but also disturbing other countries, especially the neighboring countries affected and the losses resulting from the forest fires. Forest fires in Indonesia occur even every year in the last decade. This becomes a bad judgment against the government and Indonesian law. Forest fires occur because of many factors, one of which is forest fires conducted by corporations. It is inevitable that corporations are part of development activities, but corporations seem to take advantage of the development activities to exploit the environment. Corporations as forest fires that can cause massive and massive environmental damage. Government efforts in cracking down on forest burners are set out in the policy of law number 32 of 2009 on environmental protection and management. Law 32 of 2009 provides for strict provisions on the application of the principle of primum remedium on environmental crime]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PENUMPANG PENYANDANG DISABILITAS DALAM AKSESIBILITAS TRANSPORTASI PUBLIK PADA BUS TRANS METRO BANDUNG ]]>
<![CDATA[Yoshi Pins Yolando]]>;
<![CDATA[Aji Wibowo]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v3i1.8890
<![CDATA[Everyone has the same rights before the law based on the principle of equality before the law, that everyone has equal rights in law without exception. This principle is used to obtain equality such as persons with disabilities. Protection of persons with disabilities must provide guarantees in the form of facilities (accessibility). However, the bus in Bandung like Trans Metro Bandung (TMB) still doesn’t provide convenience. How is the legal protection for passengers with disabilities in the accessibility of public transportation on TMB buses and how the Bandung City Government's efforts towards accessibility for passengers with disabilities. This research was conducted by legal research methods for academic purposes. The author's research results show that accessibility of TMB bus’s activities is still not fulfilled. The understanding of persons with disabilities in Bandung is still too narrow, that is only wheelchair-friendly, so the accessibility is provided only to wheelchair users and the efforts of the Bandung City Government are establishing regional regulation as a form of seriousness of the Bandung City Government to protect the rights of persons with disabilities. The government must provide the same treatment by providing accessibility that can be used by everyone so that equality of opportunity is realized.]]>
<![CDATA[KEABSAHAN PENYANDERAAN (GIJZELING) WAJIB PAJAK BERITIKAD BAIK (CONTOH KASUS: PUTUSAN PENGADILAN PAJAK NOMOR: 72329/PP/M.XVIIIA/99/2016) ]]>
<![CDATA[arnetta anggrainie santoso]]>;
<![CDATA[Tundjung Herning Sitabuana]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i1.11076
<![CDATA[Taxes are mandatory contributions that must be paid by every citizen to the State. In the implementation of tax collection, tax is coercive and can be enforced, this is because the role of taxes as a source of state revenue, especially Indonesia, which is 75% of the source of income comes from the tax sector, thus the contribution of society as a tax bearer in terms of obeying tax payments is expected because with this contribution it can help or equal to providing support to the State to achieve the country's goals, namely one of which is to carry out national development and this development is carried out evenly throughout the territory of the country. How is the legality of the hostage-taking (gijzeling) of good faith taxpayers not contradicting Article 33 paragraph (1) of Law Number 19 Year 1997 concerning Tax Collection by Force Letter as amended by Law Number 19 Year 2000 concerning Amendments to Law Number 19 of 1997 concerning Tax Collection with a Warrant ?. This type of research uses the Normative Law research method, the research specification used is descriptive analytical, the type of data used in this study is secondary data, the data collection techniques used by the author are document studies or literature to collect secondary data. In this study, the authors used qualitative data analysis technique]]>
<![CDATA[TAHAP-TAHAP PENGADAAN TANAH UNTUK PEMBANGUNAN UTILITAS KERETA CEPAT JAKARTA-BANDUNG ]]>
<![CDATA[Glorya Kalicya]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v3i1.9283
<![CDATA["Land acquisition is an activity of providing land by giving appropriate and fair compensation to the right parties.", this is stated in Article 1 paragraph 2 of Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest. At present, the Government of Indonesia is working on development for infrastructure needs, one of which is the Kereta Cepat Jakarta Bandung (KCJB), Utility Development by PT. Kereta Cepat Indonesia China (KCIC) located in the Jakarta to Bandung area. Therefore, the Government held a Land Procurement in the Jakarta to Bandung area so that the Kereta Cepat Jakarta Bandung, Utility Development can meet the interests of the community. In the implementation of land acquisition, there are things that become obstacles for the implementation of KCJB Utilities Development. For this reason, Law No. 2 of 2012 is present to provide hope that the Agency which conducts land acquisition can resolve conflicts carried out during its implementation. The purpose of this research is to study land acquisition for KCJB Utilities Development which is reviewed based on Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest.]]>
<![CDATA[PELAKSANAAN PEMUNGUTAN PAJAK BUMI DAN BANGUNAN APARTEMEN BERDASARKAN PERATURAN GUBERNUR DKI JAKARTA NOMOR 132 TAHUN 2018 TENTANG PEMBINAAN PENGELOLAAN RUMAH SUSUN MILIK ]]>
<![CDATA[Hasita Zhafirah Saraswati]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v3i1.8896
<![CDATA[Land and Building Tax (PBB) is a tax that is imposed on each building that is or is an object of tax. The land and building tax on apartments is regulated in DKI Jakarta Governor Regulation No. 132 of 2018, in Article 88 it is explained that the land and building tax is the cost of the apartment units that must be paid personally by the owner or occupant of the apartment. This thesis research uses a qualitative approach and descriptive type. The research data collection technique was carried out by interviewing competent lecturers in tax law. The results obtained are the collection of land and apartment building tax based on the DKI Jakarta governor's regulation, which is paid personally by the owner or occupant of the apartment after the issuance of the tax notification letter (SPPT) by the relevant agency. In the land and building tax collection activities, of course there is a need for cooperation and communication between the taxpayer, the government, and also the management so that the land tax collection and apartment construction runs well so that there are no deficiencies in its implementation.]]>
<![CDATA[TANGGUNGJAWAB PERUSAHAAN PENYEDIA LAYANAN APLIKASI GO-JEK TERKAIT PESANAN (ORDERAN) FIKTIF PENGGUNA LAYANAN APLIKASI GO-JEK TERHADAP DRIVER ]]>
<![CDATA[Hylda Myrandha Syabai’ni]]>;
<![CDATA[Tundjung Herning Sitabuana]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v4i1.11243
<![CDATA[Go-Jek is a company in Indonesia that is engaged in online transportation. Go-Jek is a social technology company that aims to improve the welfare of workers in various informal sectors in Indonesia. The journey of the Go-Jek Application Service Provider Company in fact often causes problems, along with the increasing number of Application Users (orderers / consumers) where Go-Jek service features in the form of Go-Food which cause losses to Go-Jek drivers due to fictitious orders made by Application User (food order). What is the responsibility of the Go-Jek Application Service Provider Company in the event of a fictitious order (order) from the Application User (ordering / consumer) for the driver? This research uses normative legal research methods. This form of accountability is in the form of providing compensation to partners. PT. Karya Anak Bangsa application and PT. The Global Semestaakan Package provides compensation for costs incurred by partners in accordance with the purchase note or receipt if it is proven that in the implementation of services to partner consumers, there is no mistake. This is a form of repressive legal responsibility given to Go-Jek drivers who experience losses due to fictitious orders made by consumers.]]>
<![CDATA[TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH TERHADAP AKTA JUAL BELI TANAH YANG TELAH DIBEBANI HAK TANGGUNGAN (STUDI PUTUSAN PENGADILAN NEGERI TEGAL NOMOR 29/PDT.G/2017/PN.TGL) ]]>
<![CDATA[Adi Tri Atmaja]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24912/adigama.v3i2.10559
<![CDATA[Land Deed Official (PPAT) deeds are authentic deeds that have absolute power regarding matters or events mentioned in the deed. Therefore, the deed made by PPAT must be made in such a way that it can be used as a strong basis for registration of transfer of rights. The settlement of problems that arise as a legal consequence of the purchase of land that is being encumbered with a Mortgage is based on the provisions of Article 6 of the Mortgage Law. The problem faced in writing this thesis is how the responsibility of PPAT for the deed of sale and purchase of land that has been burdened with mortgage rights (Tegal District Court Decision Study Number 29/Pdt.G/2017/PN.Tgl). The research method used in writing this thesis is normative legal research. The results show that PPAT can be held accountable for administrative, civil, and criminal responsibility for the issuance of a deed of sale and purchase of land rights bound by collateral without an original certificate. PPAT is obliged to refuse to make a sale and purchase certificate if the parties do not provide the original certificate. If a PPAT continues to issue the sale and purchase deed, the PPAT concerned has neglected his obligations in carrying out his position either due to an element of intent, negligence, and / or negligence.]]>
