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Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477
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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 PENERAPAN ASAS PACTA SUNT SERVANDA DALAM PERJANJIAN YANG TERDAPAT KLAUSULA ARBITRASE APABILA ADANYA GUGATAN KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Darren Andreas; Ariawan Gunadi
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.v3i2.10564

Abstract

The arbitration clause was born from the agreement of the parties in making the agreement and this arbitration clause must be made in writing. With the arbitration clause the parties have agreed that if a dispute arises in the future between the parties, the dispute is resolved through an arbitration institution that has been agreed in the agreement, This is confirmed in Article 3 of the Law on Arbitration and Alternative Dispute Resolution which states that the district court is not authorized to adjudicate disputes between parties that have been bound by an arbitration agreement. However, Article 303 of the Bankruptcy and Suspension of Debt Payment Obligations Law states that a commercial court. So that the problems discussed in this thesis are What is the position of the arbitration clause in event of a bankruptcy lawsuit and delay in debt payment obligations and How is the application of the pacta sunt servanda principle to bankruptcy cases and postponement of debt payment obligations in the arbitration clause. The research method in this thesis uses the method normative research supported by interview data. Data The results showed that although the parties had agreed to resolve their dispute through arbitration, one party more often submitted a dispute to the commercial court.
PERAN PEMERINTAH DALAM MENGAWASI PEREDARAN OBAT KERAS GOLONGAN G TANPA SURAT IZIN EDAR MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (Studi Kasus: Putusan Nomor 874/Pid.Sus/2018/PN.Sda) Mia Amelia; 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.v3i1.8901

Abstract

Health is government responsibility for the needs of citizens' rights. One of the most important health elements is medicine. But there are times when drugs can harm the health of the wearer if they don't meet the requirements, and are consumed incorrectly. Many business people deliberately produce drugs without getting permission from BPOM. One example of illegal drugs circulating in Indonesia is the LL Pill, there is a composition of Triheksifenidil HCL is a drug that is included in the drug list letter G, which means dangerous if its use without medical supervision. This attracts the attention because this hard drug has been widely circulating in the community and every year it continues to increase without completion which is feared to damage the nation's generation. Law enforcement is still not effective apart from the circulation of hard drug list G without this marketing authorization, one of which is because the sanctions imposed by law enforcers are still very mild, as a result, it will not cause a deterrent effect for business actors who have violated the provisions of Law Number 8 of 1999 concerning Consumer Protection. Drug monitoring is still weak lately, giving birth to the idea to strengthen the authority of BPOM as a government agency that has authority in drug control and should be carried out more optimally and increase intensity in supervision activities in collaboration with the Indonesian National Police and Health Office to eradicate the distribution of hard drugs which is not licensed.
KEPASTIAN HUKUM TERHADAP JUSTICE COLLABORATOR DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA DALAM PUTUSAN PENGADILAN TINGGI DKI JAKARTA NOMOR 5/PID.SUS-TPK/2018/PT.DKI Yosua Hasudungan Wilbur; 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.v4i1.11964

Abstract

The application of sanctions in criminal cases involves one of the offenses stipulated in the Criminal Code in which all losses and penalties for the offense are regulated, but in the case of safeguards related to the losses incurred for the offense and less than Rp. 2,500,000, it will be included in minor criminal offenses which regulate further in the Supreme Court Regulation No. 2 of 2012, but in practice many cases of theft of tipiring but other legal rules are sought in order to rule out typing as in reported cases relating to minor acts but it requires a lex specialist Act Invite Plantation to exclude tipiring. How the Problems of Trial in Light Elections Arise in Kuhp with the Housing Law in the Decision of the District Court Simalungun Number 590 / Pid.b / 2019 / PN Sim. The author uses normative legal research methods. This research is descriptive analysis. Sources of data used are primary data obtained from sources and secondary data from the results of library studies. The results of the author's research are the legal coverage of the principle of justice coverage in judging light protection cases in giving decisions considering legal aspects and proper classification of any related issues so that the legal information given can be carried out appropriately.
UPAYA YURIDIS MEMPERKECIL DISPARITAS PUTUSAN Kelly Kelly
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.v3i2.10607

Abstract

A difference in the imposition of punishment on a decision is something that has happened for a long time, this cannot be eliminated completely. The difference in the imposition of penalties for cases of similar or equal seriousness and then without clear reasons is called disparity. Therefore, the disparity in the judges' decisions can give the convict and the outside community a sense of being unfair. Various kinds of theories about justice from several experts spread in society. Although regarding justice it cannot be answered with the provisions of the measure to determine fair or not, because true justice belongs to God. So that the disparity decision results in an unsatisfactory decision and becomes a relative formula. Until justice is submitted to the judge who is considered to be able to give a decision in accordance with the sense of justice that lives in society. The formulation of the problem is how to reduce the disparity in criminal decisions. The research method used is normative. By using data collection techniques, namely literature study and also conducting interviews. Then the results of this study indicate that the disparity in verdicts cannot be eliminated altogether, but efforts can be made to minimize the disparity in criminal decisions.
ANALISIS HAK ATAS MEREK SEBAGAI AGUNAN DALAM PEMBERIAN KREDIT BANK Raymond Kusuma; Ariawan Gunadi
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.v3i2.10569

Abstract

The use of intellectual property as collateral in providing credit in Indonesia began, where Article 16 of the Creative Economy Law states that the Government facilitates intellectual property financing schemes. The Right to Trademark is part of intellectual property rights, however the recommendation of the Right to Mark in the MIG Law as an object and guarantee is not explicitly written down. Therefore, it must be examined regarding the existence of the Right to Mark as an Object and can be used as a guarantee. Then, if the Right to a Mark is used as an object of guarantee, then the regulation regarding the existing legal structure in which a brand that has unpredictable characteristics will have a fast and easy stability in executing the mark. Referring to this problem, the author uses the normative juridical method. The results of the analysis show that the Right to Mark is an object, that is, with the type of movable and intangible object due to the nature of the material, the Right to Mark can be guaranteed and become a general guarantee in Article 1131 of the Civil Code. Trademark rights, if used as collateral, still give the impression and are not friendly to the bank. Currently, the Appraisal Agency can make an assessment of the economic value of the Right to Mark, but only for transactional purposes not for collateral or auction.
PERLINDUNGAN HUKUM BAGI KONSUMEN YANG BERITIKAD BAIK DALAM PEMBELIAN APARTEMEN (STUDI PUTUSAN : NO. 697/Pdt.G/2018/PN.Jkt.Utr) Monica Monica; Ermanto Fahamsyah
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.v3i1.8907

Abstract

Legal protection is a protection given to business actors as well as consumers who have goodwill in entering into an agreement. This agreement’s about agreement on buying and selling an apartment. In this agreement, consumers who have goodwill from the beginning until the end of the agreement.therefore as a customer with goodwill they need to get a legal protection. This legal protection can be formed of legal protection that has been regulated in the UUPK and SEMA. The UUPK itself explains that as consumers in goodwill will get protectionif this consumer has performed all their obligations. Unfortunately, the rights that should be obtained have been violated by the business actorinstead. Meanwhile, according to SEMA who also asserted that the consume hasme  the criteria of consumers in goodwill according toprovisions Pasal 1338 ayat (3) KUH Per, then they will get legal support which in this case a legal protection. However, it is not only possible to ask for legal protection of their violated rights, as a consumer they can also ask for accountability and compensation for what they have experienced, this matter has been regarded specifically regulated in both the UUPK and KUH Per. This liability is more the responsibility based on the existence of an element of error or default, liability based on the contract (agreement), or direct accountability by the producer for the loss suffered by the consumer.While the compensation must be following the losses suffered by consumers who already have goodwill, or even compensation accordance to the provisions of the Act, KUH Per.
KEPASTIAN HUKUM PENERAPAN INDIRECT EVIDENCE DALAM PENANGANAN KASUS KARTEL DI INDONESIA Muhammad Akbar; Stanislaus Atalim
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.v4i1.12003

Abstract

Business competition regulations are regulated in law number 5 of 1999. Cartel is one of the prohibited agreements contained in article 11 of law number 5 of 1999. To prove violations of business competition in cartel cases, the Business Competition Supervisory Commission ( KPPU) requires indirect evidence to prove the existence of a cartel agreement between business actors. There are two types of indirect evidence, including communication evidence and economic evidence. Proof using indirect evidence in law enforcement of law number 5 of 1999 is very necessary given that it is very difficult to prove cartel practices. This is because business actors do it secretly and secretly. However, the existence of indirect evidence is still being debated and is considered to have no legal certainty because indirect evidence is not explicitly stated in Law number 5 of 1999 but the existence of indirect evidence is widely recognized in the enforcement of competition law in various countries.
ANALISIS PUTUSAN LEPAS PADA TINDAK PIDANA MEMASUKI RUMAH ORANG LAIN SECARA MELAWAN HUKUM (STUDI PUTUSAN PENGADILAN TINGGI DKI NOMOR 451/PID/2019/PT.DKI) Nina Maulanny Herlan; R Rahaditya
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.v3i2.10612

Abstract

The criminal act of entering someone else’s house against the law is regulated in Book II Criminal Code, in Article 167 section (1) of the Criminal Code. For the case appointed by the author, the defendant was charged with Article 167 section (1) of the Criminal Code by the general prosecutors. This research background and reasons for writing by differences in the decisions handed down by the Panel of Judges at the South Jakarta District Court which convicted a defendant while the DKI District Superior Court declared a defendant free from all charges (ontslag van rechtsvervolging). This research is aimed to analyze and find out the judge’s consideration in giving a defendant free from all charges on the crime of entering someone else’s house against the law in Decision Number 451/PID/2019/PT.DKI. The research method used in this study is a normative research method based on literature study materials and interviews with practitioners and academics. The results of this study revealed that the consideration of the judge’s decision to release the defendant Zulkarnaen has been correct because the action of the accused was not a crime but a civil act in which there has been an disputes over land and building ownership between the defendant and H. Ashari Angkat Sutan’s biological child.
PEMBERATAN PIDANA OLEH MAHKAMAH AGUNG DALAM PERKARA ANAK DITINJAU BERDASARKAN PRINSIP JUDEX JURIS (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 526K/PID.SUS/2019) Virlieni Erika Putri; R Rahaditya
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.v3i2.10574

Abstract

Judge's judgment is essential in implementing the regulation on children. The principle of Supreme Court precedents made the court judge not authorized to file criminal proceedings against children. A child who commits a criminal act will continue to carry out a judicial process whose judicial process is different from the court process in general. However, in child criminal cases in the decision number: 526K/Pid.Sus/2019 the Supreme Court judge imposes a criminal weight against the offender's child. Meanwhile, the Child Protection Law defines the best principle for children. The research method used is normative juridical research. The results showed, first juridically, the principles of the Supreme Court as judex juris make Supreme Court judges not authorized to enforce criminal sanctions. The severity of a sanction is also not the object of examination in the cassation stage. Second, during the examination considerations presented by a Supreme Court judge are considered to reduce any resistance to children. So judges are considered not paying attention to the fairness of both sides.
TANGGUNG JAWAB PENGANGKUT ATAS MUSNAHNYA BARANG AKIBAT TENGGELAMNYA KAPAL KLM PULAU BONTONG BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN (STUDI KASUS: PUTUSAN NOMOR 804/Pdt.G/2017/PN JKT.SEL) Noviana Annisa; Siti Nurbaiti
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.v3i1.8912

Abstract

In marine transportation activities there are several things that must be considered by carries before sailing. One of them is the issue of the Port Clearance issued by Syahbandar as one of the proofs that the ship is seaworthy. However, the carrier does not pay attention to the feasibility of the ship to sail which will cause a ship accident. The main problem is the issue of responsibility that transports the KLM Pulau Bonrong ship to the goods transported. Researchers discuss problems by using normative legal research methods and using laws, as well as asking questions and asking for conceptual. Research data shows that KLM Pulau Bontong transporters must be responsible to the sender for the good they carry are not safe until the destination of the KLM Pulau Bontong ship accident in Pulau Seraya. The carrier is responsible for the accident by providing compensation for the assistance of goods worth the loss suffered.

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