Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Jurnal Hukum Adigama

adigama
Website

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

2 3 4 5 6

EFEKTIVITAS MENGENAI KEPASTIAN HUKUM PENERAPAN DELIK FORMIL UU 20/2001 TENTANG PEMBERANTASAN TIPIKOR (25/PUU-XIV/2016) Tador Christopher D.H.; Firman Wijaya
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Decision of the Constitutional Court Number 25/PUU-XIV/2016 has ruled that the use of the phrase "can" in Article 2 paragraph (1) jo. Article 3 of the UU Tipikor has been declared contrary to the UUD NRI 1945 and declared contrary to the law. However,Decision No. 25/PUU-XIV/2016 basically contrary to Legal Certainty. The problem examined is how is the legal certainty in the application of formal offense in the elimination of the "can" in Article 2 Paragraph (1) Jo Article 3 of the UU Tipikor after Post-Corruption The Constitutional Court of the Republic of Indonesia Number 25 / PUU-XIV / 2016 which Changes the Application of the Form of Formal Decree into Material Delict? The author examines this problem using normative research methods supported by expert interview data. The author analyzes that in removing the word "can" from the formulation of the two norms of the article will fundamentally change the offense qualifications of criminal acts of corruption. The author concludes that the Decision was basically inappropriate, because it contradicted Legal Certainty. The author suggests that there needs to be an affirmation of the Decision and the Judge in deciding the Decision should review the contents of the Decision Number 003/PUU-IV/2006 which is a form of jurisprudence.

ANALISIS PEMBATALAN AKTA HIBAH SAHAM DIDASARKAN PADA PERJANJIAN INVESTOR YANG TELAH DIBATALKAN (STUDI PUTUSAN KASASI NOMOR 2820 K/PDT/2014) Su Hyon Son; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

According to article 1313 of Civil Code, the definition of an agreement is an act pursuant to which one or more individuals commit themselves to one another. Theoretically, an agreement that was made based on a previous made agreement makes this two agreements relate to one another and put them into a condition where the previous made agreement can terminate other agreement that has an attachment to it. This study is a normative legal research, where the results of this study are : first, the Judges’ decision to terminate a grant deed was null and void by one of its considerations that was based on an investor agreement that by fact was made after the grant deed and had been canceled before the lawsuit was brought to court that made the decision uncertain. Second, the investor's agreement should not be taken as one of the judges' consideration to terminate the deed of grant, seeing that the two agreements are not related and can’t be categorized as principal agreement and accesoir agreement. They both also have different standing in which the deed of grant is an notarial deed whereas the investor agreement is a private deed. So, the investor agreement can only be used as an evidence in court and cant be used as one of the judges' considerations to terminate the deed of grant.

PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PEMBONGKARAN RUMAH DAN SERTIFIKAT YANG TIDAK SELESAI DALAM PEMBELIAN RUMAH SECARA KREDIT (Studi Kasus Jual Beli Rumah Di Cikarang) Tia Monica Ifana; A.M Tri Anggraini
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Legal protection for consumers means all government efforts to ensure legal certainty to provide protection to its citizens so that their rights as a citizen is not violated, and for those who violate will be subject to sanctions in accordance with applicable regulations. consumer protection at this time can not be separated from trading activities, in trade activities such as housing construction is expected to create a balance of rights and obligations between business actors and consumers. but the housing scheme often involves some problems that can hurt the consumer housing industry, because there are still many developers who only seek profits as big as possible without thinking about the needs of consumers, with the rights of consumers who violated the need for legal protection and responsibility of the perpetrator business based on Article 19 UUPK. The research method used by the writer is normative research method supported by interview with resource person. A brief analysis of this journal is titled by the author. Conclusions and suggestions about the issues studied by the author.

GUGATAN PEMBATALAN IZIN MENDIRIKAN BANGUNAN HOTEL SALAK TOWER Geraldy Mista Putera; Yuwono Prianto
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Development is mostly carried out in aspects of human life to develop the economy and improve people's welfare. This construction is build upon permit in the form of a building permit issued by the government. The permit can also be canceled if it is deemed not in accordance with the applicable requirements. The goal of this investigation is to determine the resolution of the case and to find out whether the legal considerations given by the judge are correct or not. This investigation utilize normative legal research methods. The origin of legal material used in the research are primary legal library materials, secondary legal library materials, and tertiary legal library materials. This investigation used qualitative analysis. Based on an analysis of the sources of legal material that has been carried out, the authors conclude that the lawsuit against the cancellation of the building permit was registered past the deadline for the issuance date of the permit or has passed since the permit was announced at the time of the first construction, then the perceived loss the plaintiff is considered not a material loss and only concerned with the interests of one of the plaintiffs. As well as the legal considerations that have been conveyed, it is considered appropriate and when looking at the spatial plan of the Bogor Regency area, the location where the hotel is built is included in the area that allows for hotel buildings.

ANALISIS TERHADAP PERATURAN PEMERINTAH NO 54 TAHUN 2007 TENTANG PELAKSANAAN PENGANGKATAN ANAK DITINJAUDARI PRINSIP NON DISKRIMINASI DALAM KONVENSI HAK ANAK (CONTOH KASUS POLWAN GAGAL ADOPSI ANAK KARENA TERHALANG PERATURAN PEMERINTAH) Stanley Noer H; Mulati .
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Child is a gift from God Almighty, who inherent in dignity and dignity as a whole person. Children also have human rights recognized by the nation-states in the world. Children's rights are marked by the guarantee of protection and fulfillment of the Rights of the Child in the 1945 Constitution of the State of the Republic of Indonesia and several provisions of laws and regulations both national and international. This guarantee is upheld through the ratification of the International Convention on the Rights of the Child, namely the ratification of the Convention on the Rights of the Child through Presidential Decree No. 36/1990 on the Ratification of Convention On The Rights Of The Child. In the case that the authors found that there was an adoption of a child who could not be made due to Government Regulation No. 54 of 2007 article 3, paragraph 2 stating that in the case of the origin of the child is unknown, the child's religion is in accordance with the religion of the majority of the local population. With this case, according to the author means there has been discrimination against prospective parents who have good intentions to appoint children because of the constraints of religious differences between parents and prospective children. Whereas in the course of the child is also possible to choose a different religion with the parents' religion. Directly this Government Regulation is contrary to the principle of Non-Discrimination adopted by the Convention on the Rights of the Child

ANALISIS TERHADAP KEBIJAKAN DEMOSI PADA PEKERJA PT. MEGAH MITRA SUKSES (STUDI KASUS PUTUSAN NOMOR 146/PDT.SUS-PHI/2016/PN.JKT.PST JO PUTUSAN MAHKAMAH AGUNG NOMOR 257K/PDT.SUS-PHI/2017) Kesuma Melati; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Demotion occurs in a company mainly because of its negative influence on the morale of the workers concerned and can affect the achievement and morale of other workers in the company. Decline in the position of authority, facilities, status and even salary is a punishment for workers. Demosi is not given its arrangement in Law number 13 of 2003 concerning Manpower and other laws and regulations related to employment. Thus, this demotion arrangement can be regulated individually in work agreements, company regulations or collective labor agreements.The company does have the right to move workers in other parts but may not violate Human Rights and violate the provisions of Article 32 paragraph 2 of the Manpower Act which stipulates that placing someone who is not because of his expertise is against the law. Workforce placement must also pay attention to expertise, dignity and human rights and legal protection. The problem examined is how legal protection for workers due to demotion policy at PT. Magnificent Success Partner? And Is the legal consideration of the judge in the decision Number 146/Pdt.Sus-PHI/ 2016/PN.JKT.PST Jo Decision of the Supreme Court Number 257K/Pdt.Sus-PHI/2017 in accordance with the Manpower Act?Demotion will continue to occur if there are no strict rules regarding demotion, the government should make a regulation in the Labor Law regarding demotion, so that the rules regarding demotion become clear and do not harm the workers.

KEDUDUKAN PERJANJIAN WALI AMANAT TERHADAP LEGAL STANDING PEMEGANG EFEK BERSIFAT UTANG (CONTOH KASUS PUTUSAN NOMOR: 121/PDT.SUS-PKPU/2018/PN JKT.PST) Kevin Neil McVey; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

A legal concept of trust, or also known as ‘wali amanat’ in Indonesian legal terms, is not a really well-known concept amongst the legal practitioner and jurist in the Indonesian court. The concept has been a topic of hot debate between lawyers and judges on whether the concept is applicable in the realm of the Indonesian European-Continental law system. The problem arises from a case of debt restructuring, in the commercial court decision No: 121/Pdt.sus-PKPU/2018/PN.Jkt.Pst. The decision carries that a bond-holder could file an application for debt restructuring (PKPU) when they see a case of default on the bond issuer. The bond-holders are supposed to be bound to the trust indenture, and the indenture already stipulated in its term on who has the legal power and authority to do so. The stipulation turns out to be the complete opposite of what’s reflected in the court decision, making the epicenter of the problem revolves on whether the underling bond-holders has the capability to file a debt restructuring application. This essay aims to analyze the decision and determines who has the authority and legal standing to file a debt restructuring application in the case when a trust indenture exists.

PERLINDUNGAN DAN PENEGAKAN HAK ASASI MANUSIA BAGI ETNIS ROHINGYA YANG TIDAK MEMILIKI KEWARGANEGARAAN MENURUT HUKUM INTERNASIONAL Yolla .; Aji Wibowo
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The Rohingya are a largely Muslim ethnic minority that mostly resides in Rakhine, Myanmar. They have lived for centuries in Myanmar region with Buddhist majority, however, they are still not considered as one of Myanmar’s 135 official ethnic groups and their citizenship’s rights have been denied since 1982, which consequently rendering them stateless. Shortly after the 1962 military coup in Myanmar, things had changed dramatically for the Rohingya people. The new citizenship law which has been passed in 1982 was clearly a discrimination law towards the Rohingya people due to its over-burdensome requirements to become a citizen of Myanmar. Under the law, in order to obtain the most basic level (naturalized citizenship), they must proof that they have lived in Myanmar before 1948, as well as fluency in one of the national languages. Unfortunately, those requirements cannot be fulfilled by most of Rohingya people as they lack such paperwork because it was either unavailable or denied to them. As a result of such law, their rights to study, work, travel, marry, practice their religion and access health services have been continuously restricted. For these reasons, the Myanmar (formerly Burma) government shall repeal the 1982 Citizenship Law or abolish its over-burdensome requirements for citizens in a manner which has discriminatory effects on racial or ethnic minorities.

PEMENUHAN ATAS SARANA DAN UTILITAS PADA PERUMAHAN SUBSIDI MUTIARA PURI HARMONI RAJEG TANGERANG MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 2011 TENTANG PERUMAHAN DAN PERMUKIMAN Muhammad Aziz Nurhakim; Endang Pandamdari
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

There are so many housing developers that didn’t do their jobs and fulfilling their obligations properly when it comes to providing means, utilities, and infrastructures required in a housing complex. As an example: Vista Land Group Limited as the developer for Mutiara Puri Harmoni housing in Rajeg. The main issue of this research is juridical review of providing a housing complex with facilities required and applied sanctions if a developer didn’t fulfill their obligations properly. The author is interested on researching this subject because other than research location that is close with writer’s residence, Rajeg is a fast developing area where the inhabitants own massive lands, one of them being Mutiara Puri Harmoni housing; 50 Ha in total width. In order to gain data required for the research, the writer decided to use normative research method with library study for secondary, primary legal matters, non-legal matters, and completed with few interview results. In conclusion: Vista Land Group Limited is liable for providing low quality water supply, road network’s lightings, and public cemetery as stated in Article no. 4 section (1)a, section (3) a and g, and article no.9 chapter (2) Regulation of the Tangerang District No.4 year 2012, and Article no. 134 of the 2011 housing and settlement act no. 11. It’s better for Tangerang district government to start doing supervision to housing developers in Tangerang so this kind of cases won’t happen again.

Komparasi Penjatuhan Tindakan Rehabilitasi Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika (Studi Kasus Putusan Nomor 375/Pid.Sus/2015/PN.Jkt.Sel., Putusan Nomor 191/Pid.Sus/2015/PN.Jkt.Sel., dan Putusan Nomor 436/Pid.Sus/2015/PN.Jkt.Sel. Alia Nabila; Mety Rachmawati
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Narcotics can cause changes in consciousness and cause dependence. Drug use is often needed. Regarding the Narcotics Law Number 35 of 2009 gave birth to an effort to cure the perpetrators of narcotics abuse, namely rehabilitation. Rehabilitation is a recovery effort so that a person can return to his previous state. However, not all cases of drug abuse can be sought for rehabilitation. In the case of perpetrators of narcotics abuse, rehabilitation has been sought as seen in the decision number 191/Pid.Sus/2015/PN.Jkt.Sel., while in the decision number 375/Pid.Sus/2015/PN.Jkt.Sel., and decision number 436/Pid.Sus/2015/PN.Jkt. Cells, narcotics abuse is not sought for rehabilitation and even given criminal sanctions. Act to Law No. 35 of 2009 concerning Narcotics against narcotics abusers if proven to abuse narcotics it is compulsory to undergo rehabilitation in accordance with the provisions of Article 127 Paragraph (1) of the Narcotics Law. And the three decisions in decision number 191/Pid.Sus/2015/PN.Jkt.Sel., Decision number 375/Pid.Sus/2015/PN.Jkt.Sel and decision number 436/Pid.Sus/2015/PN.Jkt.Sel., Was charged as a drug abuser.

Page 4 of 84 | Total Record : 835

2 3 4 5 6

Filter by Year

2018 2022

Filter By Issues

All Issue Vol. 5 No. 2 (2022): Jurnal Hukum Adigama Vol. 5 No. 1 (2022) Vol 4, No 2 (2021): Jurnal Hukum Adigama Vol 4, No 2 (2021) Vol 4, No 1 (2021): Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Ahmad Redi

Contact Email
ahmadr@fh.untar.ac.id

Phone
-

Journal Mail Official
era.hukum.mahasiswa@fh.untar.ac.id

Editorial Address
Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477

Location
Kota adm. jakarta barat,

Dki jakarta

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ahmad Redi

Contact Email ahmadr@fh.untar.ac.id

Phone -

Journal Mail Official era.hukum.mahasiswa@fh.untar.ac.id

Editorial Address Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477

Location Kota adm. jakarta barat, Dki jakarta INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Ahmad Redi

Contact Email
ahmadr@fh.untar.ac.id

Phone
-

Journal Mail Official
era.hukum.mahasiswa@fh.untar.ac.id

Editorial Address
Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477

Location
Kota adm. jakarta barat,

Dki jakarta

INDONESIA