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.
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<![CDATA[ANALISIS KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) DALAM PENYELESAIAN SENGKETA ANTARA NASABAH DENGAN BANK (STUDI PUTUSAN NOMOR: 218K/Pdt.Sus-BPSK/2019) ]]>
<![CDATA[Kevin Hanif Nasution]]>;
<![CDATA[Mariske Myeke Tampi]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.12008
<![CDATA[Consumer protection is often found in people's lives, of course in consumer protection there are business actors and consumers, in a healthy business there must be parties who are harmed in it and there are institutions that resolve disputes of the parties, namely BPSK, BPSK in carrying out their duties and authorities it is impossible to cross the line in the Consumer Protection Law Article 52, in the case that the author raised, the Supreme Court Judge decided that BPSK was not authorized to resolve banking consumer disputes and overturned the decision of the district court, this decision caused losses to consumers because consumers could not get their rights However, if you understand the contents of Article 52 BPSK has the authority to resolve any consumer disputes both in the goods and services sector and across sectors, as long as in terms of carrying out its duties and authorities it does not exceed what has been stipulated in the Law and in the future. Consumer protection laws that are now being updated with new ones so that in the future it does not cause confusion in the event of a dispute between business actors and consumers.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGGUNA CREAM WAJAH DOKTER YANG TIDAK MENCANTUMKAN IDENTITAS PRODUK DI KEMASAN (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 2008 K/PID.SUS/2016) ]]>
<![CDATA[Sally Irawan]]>;
<![CDATA[Jeane Neltje Saly]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10618
<![CDATA[In Law No.8 of 1999 concerning Consumer Protection Article 4 paragraph (3) states that consumers have the right to obtain correct, clear, and honest information regarding the conditions and guarantees of goods and / or services, but all of this has not been fully achieved as which often occurs in the administration of medicines and face creams by doctors in beauty clinics. Where most beauty clinics provide medicines or face creams to consumers in the absence of clear labels or information about a product. As in the Regulation of the Head of the Drug and Food Supervisory Agency Number 19 of 2015 concerning Technical Requirements for Cosmetics articles 5,6, and 7 which contain clear and correct label markings or information on a product in the package. The type of research used by the writer is normative. To support this research, the author uses the type of literature study research, which examines several documents related to research. The method used is a normative research method using a statutory approach (statue approach) and a case approach (case approach). From the results of the above research, it can be seen that the conclusion is that the implementation of legal protection for consumers who suffer losses due to the absence of clear information marking in a product. The factors that influence the implementation of the labeling of the marking of information are the absence of legal certainty that regulates the inclusion of markings in medic creams.]]>
<![CDATA[PERLINDUNGAN KONSUMEN PENERIMA MANFAAT ASURANSI PERTANGGUNGAN JIWA ATAS POLIS YANG DINYATAKAN LAPSE SECARA SEPIHAK PASCA DIAJUKAN KLAIM (STUDI KASUS PUTUSAN NOMOR 628 PDT.G/2019/PN.JKT.BRT) ]]>
<![CDATA[Ruth Yaniasni Leonita]]>;
<![CDATA[Mariske Myeke Tampi]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10579
<![CDATA[The purpose of this study is to determine the form of legal protection for consumers who receive life insurance benefits for policies declared unilaterally lapse after the claim is submitted and from the perspective of the insurance company PT. Panin Dai-Ichi Life for providing information on policy status that was declared lapse. The results of the study showed that the form of legal protection for insurance consumers in this case was preventive and repressive protection. Preventive through mediation to BMAI, and repressive through court lawsuits. In his lawsuit, the judge has won the consumer, but there is an appeal so that consumers have not received legal protection for compensation. In addition, external protection through the Consumer Protection Act and internal protection through insurance policies. However, the Consumer Law was unable to ensnare PT. Panin Dai-Ichi Life for violating Article 4 letter c and Article 7 letter b has no legal sanction. Likewise, internal protection can be seen from the insurance policy if the lawsuit for violating Article 18 Paragraph (1) letter f regarding standard clauses is proven proven, then the business actor based on Article 62 Paragraph (1) may be subject to imprisonment and fines. Thus it can be concluded that through external protection the Consumer Protection Act, in this case it has not been able to protect consumers.]]>
<![CDATA[UPAYA HUKUM PENYELESAIAN SENGKETA KONSUMEN APARTEMEN TERKAIT KETIDAKSESUAIAN LUAS SEMIGROSS UNIT DALAM PERJANJIAN PENGIKATAN JUAL BELI ]]>
<![CDATA[Adrian Winata]]>;
<![CDATA[Sri Bakti Yunari]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8917
<![CDATA[The development and marketing of the flat itself can be done by the state or by the developer, construction and marketing of the flat carried out by PT. Binakarya Citra Buana had harmed Mr. Erison and the consumer ended up with a lawsuit. Is the decision of the West Java High Court Number. 190 / PDT / 2018 / PT.BDG is against the Consumer Protection Law Number. 8 of 1999 concerning the extent of agreed non-compliance and what efforts can these consumers do to take back the rights of those who have been harmed by the developer? The research method used is normative juridical research using secondary legal materials that are analyzed conclusively with a legal and case approach. Based on the results of the analysis it is proven that the court's decision is not in accordance with the Consumer Protection Law Number. 8 of 1999 and legal remedies submitted by consumers are not in accordance with the Consumer Protection Act. Legal remedies to be done by Mr. Erison must consult with a legitimate consumer protection body before filing a lawsuit in court. Based on the results of dining research it has been proven that Pt. Binakarya Citra Buana has violated several provisions contained in the Consumer Protection Act, As a suggestion there needs to be a socialization about the rights and obligations of consumers as well as a socialization about the existence of Institutions and Consumer Protection Institutions.]]>
<![CDATA[PEMBATALAN PEMBERIAN HIBAH ANTARA SUAMI ISTRI YANG MELAKUKAN PERBUATAN MELAWAN HUKUM (Studi Kasus Putusan Mahkamah Agung Nomor 91/PK/Pdt/2017) ]]>
<![CDATA[Dicky Immanuel P Kurniadi]]>;
<![CDATA[Mia Hadiati]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.12014
<![CDATA[Article 1678 paragraph (1) of the Civil Code regulates the prohibition of granting between husband and wife as long as their marriage is still in progress. The problem in this research is how can the grants be canceled between husbands and wives who commit acts against the law based on the Supreme Court Decision Number 91 / PK / Pdt / 2017? The research method used is juridical normative using primary data and secondary data, and the results of research using qualitative data analysis methods. The results showed that the cancellation of grants between husband and wife who committed an illegal act was carried out through a lawsuit to the district court. Based on court facts, Denpasar District Court judges to the Supreme Court have been careful in making considerations by looking at the provisions of the laws and regulations regarding the prohibition of grants between husband and wife and exceptions as regulated in Article 1678 of the Civil Code and also the validity conditions of the grant agreement deed as regulated in Article 1320 of the Civil Code. Even though Decision Number 723 / Pdt.G / 2013 / PN.Dps rejected the Plaintiff's claim, nevertheless, the decision was in accordance with the provisions of positive law in Indonesia, resulting in legal certainty, namely the cancellation of the grant made between I Gusti Ayu Ita Dewi and Sven. Hollinger.]]>
<![CDATA[NEGOSIASI KONTRAK KARENA FORCE MAJEURE AKIBAT PANDEMI COVID-19 DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA ]]>
<![CDATA[Carissa Dianputri]]>;
<![CDATA[Tundjung Herning Sitabuana]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10623
<![CDATA[An agreement is an event in which a party tends to carry out another party on what was agreed upon (performance). In the agreement there is a possibility that the debtor will not be able to carry out his performance. (non-performance of contract). In terms of performing (non-performance of contract), the debtor is obliged to reimburse costs, losses and interest as regulated in Article 1245 of the Code Civil. However, if the debtor's can prove the default is caused by force majeure, the debtor is not obliged to pay any fees. It is not known that the covid-19 pandemic throughout the world Indonesian companies are experiencing financial difficulties so that it is difficult to meet their achievements. In connection with this case, the authors conducted research to find out whether this pandemic was categorized as force majeure, and whether the Covid-19 Pandemic could contract negotiations by parties who were unable to meet their achievements. This type of research is normative legal research, which is descriptive (analysis). Secondary data collected through literature study and interviews. This research is using an analytical qualitative method. The results showed that: 1) The covid-19 pandemic can be categorized as a relative force majeure, it means that the covid-19 pandemic has ended, the debtor is obliged to pay any fees and; 2) with the pandemic 19, contract negotiations can be carried out by parties who are unable to meet their achievements in order to obtain an agreement to suspend debt payments from the other party.]]>
<![CDATA[ANALISIS PERJANJIAN KERJA WAKTU TERTENTU PADA CV. BINTANG PRATAMA WIDYA TEKNIK BERDASARKAN UNDANG – UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI PUTUSAN PENGADILAN NEGERI BANDUNG NOMOR 88/PDT.SUS-PHI/2020/PN BANDUNG) ]]>
<![CDATA[Chevita Natalie Vania]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10585
<![CDATA[CV. Bintang Pratama Widya Teknik hired 4 workers or laborers with Fixed Term of Labor Contract verbal agreement (without written agreement). These 4 workers have worked for 5 to 9 years and eventually got fired. When they were working there, they got a lower salary than the minimum wage of the city domicile. Also they didn't get BPJS for health and employment. The workers also got fired without following the Labor's Law. According to Labor's Law number 13 of 2003, agreement of employment must be made in writing and the period of the agreement is just 2 years with an additional 1 year for seasonal job. These 4 workers filed a lawsuit to the State Court Bandung and according to Labor's Law number 13 of 2003, the court has decided that CV. Bintang Pratama Widya Teknik has to rehire those workers in a written agreement for an uncertain time. The dismissal was also canceled because it didn't in accordance with the law. The company has to pay those workers in accordance with their rights during their dismissal period.]]>
<![CDATA[AKIBAT HUKUM TERHADAP PEMBELI YANG MENGIKAT PERJANJIAN PENGIKATAN JUAL BELI DENGAN PENGEMBANG RUMAH SUSUN YANG DINYATAKAN PAILIT (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NO. 261 K/PDT.SUS-PAILIT/2016) ]]>
<![CDATA[Andreani Dewanto]]>;
<![CDATA[Suyud Margono]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8924
<![CDATA[Unfinished sale and purchase of the apartement unit before the apartement developer was declared bankrupt by the decision of the bankrupt statement causing the Purchase Binding Agreement (PPJB) agreed by the apartement unit buyer and the apartement developer could not proceed to the Sale and Purchase Act (AJB). This has resulted in the bankruptcy law regarding the ownership status of apartement unit to buyers who have paid in full. Thus creating problems, what about the legal consequences on buyers who bind PPJB with apartment developers who are declared bankrupt? This study uses a normative research method with a statutory approach. Based on the discussion that has been analyzed, it can be concluded that the transfer of ownership rights to apartement unit occurred at the time of the sale and purchase between the apartement developer and the apartement unit buyer as outlined in the AJB made before the authorized PPAT so that the apartement unit buying and selling object based on PPJB had not been transferred to the buyer . With the stated bankruptcy of the apartement developer, apartement unit which is used as the object of buying and selling in PPJB enters the bankrupt assets, so that the apartement unit still belongs to the apartement developer which is then put into bankrupt assets. The PPJB between the apartement developer and the buyer of apartement unit shall be deleted by the entry into force of Article 37 Paragraph (1) of Law Number 37 of 2002 concerning Bankruptcy and Suspension of Debt Payment Obligations. Therefore, if the buyer is disadvantaged because of the elimination of the PPJB, then the buyer can propose himself as a concurrent creditor to get compensation.]]>
<![CDATA[TANGGUNG JAWAB NOTARIS ATAS AKTA PERJANJIAN PERKAWINAN YANG DIBATALKAN OLEH PUTUSAN MAHKAMAH AGUNG (STUDI PADA PUTUSAN MAHKAMAH AGUNG NOMOR 598 PK/PDT/2016) ]]>
<![CDATA[Edric Victori]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.12019
<![CDATA[A marriage is a legal act if it is carried out according to the provisions of the law that apply. Married couples make marriage agreements before they legalize their marriage, which usually concerns the arrangement of marital property and made to anticipate problems that might arise when the marriage ends according to the law. Law 2 of 2014 concerning the Position of Notary Public, the notary is authorized to make authentic deeds regarding all actions, agreements and stipulations required by statutory regulations and desired by those concerned to be stated in authentic deeds relating to the marriage agreement deed made by the Notary. There is a case about the cancellation of the marriage agreement deed in the Supreme Court Decision Number 598 PK / Pdt / 2016. The result of the research is legal consequences of marriage agreement deeds that are not made in front of a marriage legislator, based on Article 29 paragraph 1 of Law Number 1 of 1974 concerning Marriage and article 147 of the Civil Code, if the marriage agreement is not registered. For married couples who have made a marriage agreement but did not register it to the marriage legislator, the agreement remains binding on both parties, but for third parties, in this case the Notary, if the marriage agreement is not registered, the legal consequence is that the marriage agreement has no power binding law.]]>
<![CDATA[ANALISIS PEMBATALAN MEREK SUPERMAN YANG MEMILIKI PERSAMAAN PADA KESELURUHANNYA MENURUT UU NOMOR 20 TAHUN 2016 (STUDI PUTUSAN NOMOR 1105K/PDT.SUS-HKI/2018) ]]>
<![CDATA[Jeri Irawan]]>;
<![CDATA[Simona Bustani]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8929
<![CDATA[Indonesia is a state of law, where every citizen, both Indonesian citizens and foreign nationals living in Indonesia, must obey the laws that are regulated in Indonesia. Trademark is one of the intellectual property rights regulated in the Indonesia Reguliation Trademark. because the brand is something that is often used in the world of commerce in Indonesia. Based on the Indonesia regulation Trademark, is a sign that can be displayed graphically both in terms of images, logos, names, words, or letters, which are used as a differentiator of various types of goods and / or services produced by individuals or legal entities in the trading of goods and / or services. In trading, brands that have similarities in principle or as a whole are often encountered. The purpose of this study is to find a picture of brand rejection that has similarities in its entirety. The method used in this study is a normative approach. The results of this study illustrate the legal liability of a brand examiner that has similarities in principle if a trademark dispute occurs.]]>
