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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 PUTUSAN TERHADAP GUGATAN PEMBATALAN AKTA HIBAH (STUDI KASUS PUTUSAN PENGADILAN AGAMA Vincensia Vincensia; Gunawan Djajaputra
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.v4i1.12024

Abstract

A grant is a gift from someone to another party that does not have a counter-performance element, the giver gives the right to part or all of his assets to another party without any compensation from the recipient.In legal provisions, a grant that has been given cannot be reclaimed, but there are various exceptions so that the grant can withdrawn or canceled. This research will examine the lawsuit for cancellation of grants made between parents to their children and the legal consequences that arise. The research method in this research is Normative. The approach used is a conceptual approach. Based on the results of the research, it can be concluded that grants must use an authentic deed made by a Notary or PPAT, and in granting grants must pay attention to the provisions of the grant provisions, one of which is the minimum age limit for the grantee. If these conditions are not met, then the legal consequence is that the grant does not have definite legal force.
TUGAS WEWENANG SATGAS ANTI MAFIA BOLA DALAM PENGATURAN SKOR (MATCH FIXING) DALAM PERTANDINGAN SEPAK BOLA BERDASARKAN SISTEM HUKUM PIDANA DI INDONESIA Alexzander Rinaldy; Rasji Rasji
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.v4i1.10838

Abstract

Today's football competition has changed, because it has begun to be infiltrated by organized criminals, especially in match manipulation and match fixing. The problems faced in writing this thesis are how the authority of the soccer antimafia task force in match fixing in soccer matches based on the criminal law system in Indonesia and how to resolve crimes related to scoring in soccer matches in Indonesia. The research method used is normative legal research and empirical legal research. The results showed that the task of the Antimafia Soccer Task Force in match fixing in soccer matches based on the criminal law system in Indonesia is to minimize the improper practice of football regulation, both at the national and regional levels, to supervise the competition of League 1, League 2, and League 3, coordinating with related parties such as PSSI, Kemenpora, and Club Management, both at the national and regional levels and continue the process of handling cases of the soccer mafia scandal that has not been completed. The criminal settlement related to fixing scores in soccer matches in Indonesia is to provide fines for match fixing actors. The imposition of criminal sanctions with fines is more beneficial than imprisonment, because fines have several advantages when applied to scoring practices, among others, eliminating stigma in society, the perpetrator who is subject to a fine can stay with his family and social environment, fines do not cause the perpetrator to lose his job.  
PEMBERIAN GANTI RUGI ATAS TANAH SISA AKIBAT PENGADAAN TANAH UNTUK KEPENTINGAN JALAN TOL KUNCIRAN SERPONG (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 3049K/PDT/2018) Yolanda Limarta; 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.v3i2.10590

Abstract

Basic Agrarian Principles Number 5 of 1960 concerning Basic Agrarian Principles Article 1 paragraph 1 states that all land within the territory of the Indonesian State is the common land of all Indonesian people. Article 6 of the Basic Agrarian Law which states that all land rights have a social function. Land acquisition is carried out solely for the sake of public interest which aims to prosper the people. However, in the Supreme Court Decision Number 3049K / Pdt / 2018, the Judge decided that there was no compensation for the remaining land from the applicant, while the remaining land had been regulated in Article 35 of Law Number 2 of 2012. The research method used was normative research, which aims to know the procedures for land acquisition and assessment of compensation for the remaining land. As well as providing advice to the Appraisal so that they can carry out a careful and professional assessment so as not to cause harm to the land owner.
PERLINDUNGAN HUKUM TERHADAP HAK KONSUMEN ATAS INFORMASI PADA LABEL GAS LPG (STUDI PUTUSAN PENGADILAN NEGERI BOYOLALI NOMOR 2/PID.SUS/PN.BYL) Winda Gadis Sukardi; 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.v3i1.8934

Abstract

Legal protection against consumers on the information on the gas labels of elpiji particulary the elpiji gas labels by CV. Berkat Ageng Suminar. Often in clean practice, elpiji gas on sale is not even on the menu in oplo, which has been a huge disservice to consumers on elpiji gas since the release of petroleum conversion policies into state-programmed elpiji gas. How does the legal protection against on the improper information of the gas labels elpiji, whether the court’s opinion No. 2/Pid.Sus/2017/PN.Byl related to consumer rights on information against the Consumer Protection Law No. 8 of 1999 . The research method used is normative juridical research by using secondary legal materials that are analyzed conclusively with a legal and case approach. Based on the analysis, legal protection of consumer in the Consumer Protection Law No. 8 of 1999 consists of compensation, compensation or restitution as stated in article 4 letter h, in addition to the right to seek advocacy in both courts and BPSK as a proper settlement effort as stated in article 4 letter e Consumer Protection Law No. 8 of 1999. Futher analysis of the content of district court ruling No. 2/Pid.Sus/2017/PN.Byl stands in conflict with article 8 letter a, b, and c that just about his endeavors can be convicted of criminal penalties and additional punishment of slave construction, judge judgments, payment of compensation, removal of employment. As a suggestion, more intensive coaching and surveillance of elpiji gas commercialized so that such cases would not happen again.
ANALISIS KEPASTIAN HUKUM PENERAPAN DIVERSI DALAM PUTUSAN PENGADILAN NEGERI BANJARNEGARA NOMOR 4/PID.SUS-ANAK/2019/PN.BNR Mischaela Ivane Maureen Marbun; 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.v4i1.10843

Abstract

Children are the next generation of the nation's struggle ideals. The position of the Child as a young generation needs to have the opportunity to grow and develop reasonably both spiritually, physically, and socially. The purpose of child legal protection is to ensure the fulfillment of children's rights, to live, grow, develop and participate optimally, and get protection from violence and discrimination, in one of them is a diversion. The diversion itself according to Law No. 11 of 2012 on The Child Criminal Justice System Article 1 paragraph (7) is the transfer of the settlement of the Child's case from the criminal justice process to the process outside the criminal justice. The issues raised concerning the legal certainty of the application of diversion in the decision of the Court No. 4/Pid.sus-anak/2019/PN.Bnr stipulated in Law No. 11 of 2012. The purpose of this research is to provide an overview related to the implementation and application of diversion in criminal acts committed by children in case studies of court decisions No. 4 / Pid.sus-anak / 2019 / PN.Bnr. The research methods used are normative, descriptive research specifications. The secondary Legal materials obtained are analyzed in perspective with a legal and case approach. The results of the analysis obtained in the form of an overview of legal certainty diversion in the case of the child, which still must protect the rights of the child, because every decision taken affects the future of the child.
ANALISIS PERLINDUNGAN HUKUM ATAS PENOLAKAN MUTASI OLEH TENAGA KERJA YANG BERAKIBAT PEMUTUSAN HUBUNGAN KERJA OLEH PENGUSAHA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR: 1467 K/PDT.SUS-PHI/2017) Jessica Condro; Sugandi Ishak
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.v3i2.10595

Abstract

An employment relation is an agreement made between a worker/labourer and an enterpeneur and an entrepeneur that specifies work requirements, rights and obligations of the parties. Based on the facts, work relationships do not always go well. One of the problems that often occur is termination of employment due to refusal of mutation. Basically, the purpose of the mutation itself is to increase efficiency and effectiveness of work in the company. However, mutation in some cases is often misused by employers to avoid paying severance pay or the rights of the worker/labourer. For example, a worker who has worked for many years is suddenly transferred to distant places. Hence, raising the question, how is the legal protection for workers who refuse the mutation and result in the termination of employment (related to the verdict of Supreme Court of the Republic Indonesia Number 1467 K/Pdt.Sus-PHI/2017)?. This research method is normative legal research using statue approach.
ANALISIS PUTUSAN PENGADILAN NEGERI REMBANG NOMOR 6/PDT.G/2018/PN.RBG MENGENAI PENGUASAAN TANAH TANPA HAK Christhalia Noveldy Tanjaya; Gunawan Djajaputra
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.v4i1.12029

Abstract

Land acquisition is a relationship between individual or a  public group or a legal entity which related with domination or usage of the land. Meanwhile, land without rights is the domination exercised by a person or legal entity to enjoy land that is not his own by occupying the land or constructing a building on the land without the knowledge and permission of the legal owner of the land. This research aims to determine land acquisition according to the UUPA and to analyze land acquisition without rights performed by Muin and Tasi in the Rembang District Court Decision Number 6 / Pdt.G / 2018 / PN.Rbg. The type of research in this  papers is normative legal research. The approach of this research is using statutory research. The nature of this research uses descriptive analytics. The types of data used are divided into primary and secondary data which are further divided into primary, secondary, and tertiary legal entities.. The data collection technique uses literature study. Qualitative data analysis techniques. The conclusion of this study is that the author agrees with the judge's decision which states that Muin and Tasi's actions are against the law and states that Suparmanto is the rightful owner of the land and building, but the author does not agree with the judge's decision which rejects the claim of damages applied by the Plaintiff.
Kewenangan Pengadilan Dalam Pemulihan Hak Konsumen Jasa Layanan Umroh (Studi terhadap Putusan Nomor 52/Pdt.G/2019/PN.Dpk) Tribuana Chris Shinta; 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.v3i1.8940

Abstract

In Article 9 Government Regulation of the Republic of Indonesia Number 79 of 2012 concerning the Implementation of Law Number 13 of 2018 concerning the Implementation of Hajj, states the meaning of Umrah is Umrah which is performed outside the Hajj season. The Organization of Umrah Travel is aimed at providing guidance, service and protection to the Congregation, so that the Congregation can perform their worship in accordance with the provisions of the Sharia based on Article 3 of the Minister of Religion Regulation of the Republic of Indonesia Number 8 of 2008 concerning the organization of Umrah pilgrimage. Protection of consumers is seen as increasingly important, With the development of science and technology most consumers are affected. Therefore, consumers must be given legal protection because the interests of consumers are important things that must be considered and given a solution, especially in Indonesia. The authority describes the right and obligation to do and not do something. Authority is divided into two, namely absolute authority and relative authority. Analysis results show in the court decision number 52 / Pdt.G / 2019 / PN. But the law enforcement is still not effective in Indonesia. The method used in this research is to use prescriptive analysis, to find the truth of coherence and provide arguments for the results carried out. This study aims to increase supervision and regular guidance of Umrah Travel Agents, as well as tougher to give permission to Umrah Travel Agencies so that no more consumers feel disadvantaged.
HAK PARATE EKSEKUSI PADA KREDITUR TERHADAP JAMINAN DEPOSIT DARI DEBITOR PAILIT (ANALISIS PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR 23/PDT.SUS.PAILIT/2017/PN NIAGA JKT.PST. JO. PUTUSAN MAHKAMAH AGUNG NOMOR 243 PK/PDT.SUS-PAILIT/2018) Clarissa Aurelie; 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.v4i1.10848

Abstract

The consequences of the bankrupt debtor brings considerable losses to his creditors. There are : preferred creditors, unsecured creditors, and separatist creditors. Since the date the debtor is declared bankrupt, the curator is in charge of all the assets of the debtor and determines the credits amount to pay the creditors, except for separatist creditors. As the separatist creditor, has the preferred position of other creditors to get paid first and also to execute specific guarantees by their own through parate executie. This thesis will aim to analyze and explain how the implementation of the parate executie for creditor to disbursement the deposit guarantee and  how the legal protection for creditors receiving deposit guarantee based on a case study PT. Plaza Indonesia and PT. Gagan Indonesia. The study belongs to normative legal research, using secondary data as the source. Technique of analyzing data employed by the research was a qualitative method. Based on the result of research, it can be explained that application of the parate executie is given by law to creditors who own a certificate of material security based on Article 55 of Law no. 37 of 2004 on Bankruptcy states. However, the execution cannot be conducted by unsecured creditors. PT. Plaza Indonesia in this case is an unsecured creditors. Even though the  creditor holds a deposit guarantee in the form of cash, without issuing a certificate as evidence, the creditor remains as an unsecured creditor. Therefore PT.Plaza Indonesia will get paid on a pro rata basis.
PERTANGGUNGJAWABAN MYANMAR ATAS TINDAKAN GENOSIDA TERHADAP KELOMPOK ETNIS ROHINGYA BERDASARKAN GENOCIDE CONVENTION 1948 Intan Ghina Maurizka; Ida Kurnia
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.v3i2.10600

Abstract

The United Nations states that the act of genocide is a denial of the right to the existence of all human groups who are very conscience of mankind, resulting in great harm to mankind and contrary to moral law and the spirit and purpose of the United Nations. It has been 72 years since the adoption of the Genocide Convention, but these crimes are repeated today, such as the acts of genocide presented by the Rohingya Ethnic Group in Myanmar. Myanmar is a member country and has ratified the Genocide Convention. So as a state party to the convention, it must carry out its obligations, namely to prevent and punish acts of genocide. However, the actions taken by Myanmar as a member state are contrary to its obligations in all its capabilities to prevent and punish the crime of genocide. Researchers investigate these problems with normative legal research. The data investigates that Myanmar has responsibility for its actions and should make reparations.

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