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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
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Dki jakarta
INDONESIA
Jurnal Hukum Adigama
ISSN : -     EISSN : 26557347     DOI : http://dx.doi.org/10.24912/adigama.v2i2.6520
Core Subject : Social,
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
PERLINDUNGAN HUKUM ABK INDONESIA DI KAPAL ASING DALAM PERSPEKTIF HUKUM NASIONAL Daniel Surianto; Ida Kurnia
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.v4i1.12034

Abstract

Introduction: Indonesian crew members are every Indonesian citizen who will be, are currently or have been doing work by receiving wages on a foreign ship. In its development, there have been many cases of Indonesian ship crew working on foreign ships such as violence, torture, unpaid wages and so on. This study aims to determine the role of the government in providing legal protection against cases experienced by the crew of Indonesian ships when they are, are or have worked on foreign ships in the perspective of national law. Methods: Normative juridical research uses a normative juridical approach based on primary and secondary legal materials. Result: The data shows that there are a number of complaints and cases of Indonesian Ship Crew members working on foreign ships. Conclusion: This research shows that the regulations in the form of laws and regulations and the policies of the Indonesian government in providing protection are good, but it is still necessary to form policies and regulations that do not overlap, there is a lack of cooperation between related ministries / institutions in overcoming trafficking in persons against citizens Indonesia, the lack of oversight from law enforcement officials in terms of recruitment to reviewing the places where ship crew companies work, and the lack of data on the number of Indonesian crew members working on foreign ships.
Analisis Persamaan dan Perbedaan Putusan Penolakan Gugatan Wanprestasi (Studi Kasus: Putusan Pengadilan Negeri Yogyakarta Nomor 119/ Pdt.G /2015/PN.Yk dan Nomor 36/Pdt.G/2014/PN.Yk) Yosa Raynaldi Maruli; Ning Adiasih
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.v3i1.8945

Abstract

Based on the judge in making the decision not to see the three elements will reduce the value of justice. In Case Decision Number 119/Pdt.G/2019/ PN.Yk between Urip Mulyo Cooperative and Mr. Kuntjoro. the case of default by Mr. Kuntjoro against the Urip Mulyo Cooperative, where Mr. Kuntjoro borrowed Rp. 78,000,000 with an interest of 3% per month for 3 months starting from May 20, 2010 to August 20, 2010 and if Mr. Kuntjoro had not been able to repay his debts during 3 months, Mr. Kuntjoro was fined 1/1000 per day from the remaining amount of the delayed payment. In Case Decision No.36 / Pdt.G / 2014 / PN.Yk, between Oentoeng Soedianto Sastro Dipoero against his legal counsel named Banu Tjahjo Nugroho, S.H., whose principal matter was the cancellation of the Power of Attorney and Honorarium agreement. Based on the contents in this thesis, there are problems as to how the analysis of the similarities and differences in the Decision on Rejection of Default Lawsuits (Case Study: Yogyakarta District Court Decision No 119 / Pdt.G / 2015 / PN.Yk and No. 36 / Pdt.G / 2014 / PN .Yk).
ANALISIS ATAS PERTIMBANGAN HAKIM DALAM MEMUTUS PERKARA PERDATA NOMOR 304/PDT.G/2016/PN. BTM DITINJAU DARI ASAS ULTRA PETITA PETITUM PARTIUM DENGAN ADANYA TUNTUTAN SUBSIDAIR DALAM GUGATAN EX AEQUO ET BONO Indra Kho; Ning Adiasih
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.v4i1.10987

Abstract

This study takes on the issue of the Judge's consideration in deciding a civil suitcase that is Ultra Petitum Partium in Decision Number: 304/Pdt.G/2016 /PN.Btm which has a subsidiary claim in a ex aequo et bono lawsuit. The type of research used is research for academic purposes. Approach of study is the statute approach. Literature study for the data collection technique; And with descriptive qualitative for the data analysis technique. The results show that with regard of judges' considerations in deciding civil suitcases, the ultra petitum partium in Decision Number: 304/PDT.G/2016/PN.Btm, with the subsidies claim in the ex aequo et bono lawsuit, which actually was in the Judge's civil suit, are prohibited to make a decision that exceeds what is demanded by the Plaintiff as regulated in Article 178 paragraph (3) Herziene Indonesisch Reglement and Article 189 paragraph (3) RBg. In the case of a decision made based on ex aequo et bono, it must not exceed the main material of the primair petitum, hence the decision passed respects ultra petitum partium and may not result in a loss to the defendant in defending his interests. However, in the Batam District Court Practice, namely in the case of decision number 304/pdt.G/2016/PN.Btm, the judge's consideration in deciding an ultra petitum partium civil suitcase was due to the existence of subsidiary demands based on the principles of justice and the judge's conviction to fulfil the rights of the plaintiff for the plaintiff is considered negligent to fulfil his justice.
PERLINDUNGAN HUKUM KONSUMEN DALAM TRANSAKSI JUAL BELI MELALUI MEDIA SOSIAL INSTAGRAM MENURUT UU NO 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (Studi Kasus Reza Vs @Grosir_Olshop799) Melya Stephani; Jeane Neltje Saly
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.v3i1.9086

Abstract

The purpose of this study is to determine the legal protection of consumers in online buying and selling transactions via social media Instagram associated with the sale and purchase of a sofa bed between Reza and @ grosir_olshop799 and to find out what legal remedies consumers can take if the seller is buying and selling online via social media. Instagram defaults on. The type of research used by researchers in this study is the normative juridical research method using the Statute Approach and the Conceptual Approach. Types and data collection techniques used are secondary and tertiary legal materials. The data analysis technique used in this study is a qualitative legal material analysis technique or method. The results showed that: (1) The legal protection of consumers in online buying and selling transactions through social media Instagram is associated with the sale and purchase of a sofa bed between Reza and @ grosir_olshop799 contained in UUPK No.8 of 1999; and (2) Legal remedies that can be taken by consumers if the seller in an online buying and selling transaction through Instagram social media defaults in the case of Kang Reza with @ grosir_olshop799 where there is a criminal case of fraud and threats so that the injured consumer can report to the police until he can enter the investigation stage.
PERLINDUNGAN HUKUM TERHADAP PEKERJA AKIBAT PEMUTUSAN HUBUNGAN KERJA TANPA MENDAPATKAN KOMPENSASI BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 (ANALISIS KASUS: PUTUSAN PENGADILAN PERSELISIHAN HUBUNGAN INDUSTRIAL NOMOR: 2/PDT.SUS-PHI/2019/PN SMR) William Mulyadanika; 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.v4i1.10993

Abstract

Termination of employment is one of the problems that often occurs in employment relations between workers / workers and entrepreneurs. The termination of an employment relationship for workers is a very complex problem because workers / laborers lose their livelihoods. One aspect of the cause of termination of employment is resignation, in which the resignation should be done voluntarily but in reality this resignation is carried out under pressure or coercion from the employer, and the employer manipulates workers so that they do not get their rights. So that resignation which should not be a dispute turns into a dispute that occurs. Bambang Trianto initially worked with one position then added a new position with the same wages so that Bambang Trianto wanted to resign, so that Bambang Trianto was terminated by PT. Hevilift Aviation Indonesia on charges of embezzlement of company money and selling hazardous and toxic waste belonging to the company without evidence of a criminal verdict so that he does not have strong evidence, so Bambang Trianto filed a lawsuit at the Industrial Relations Court at the Samarinda District Court, but in this verdict the rights workers' property to get severance pay or tenure rewards cannot be fulfilled. This study is normative in nature with literature study data collection techniques. Just like a scale that is used as a symbol of justice, the judge must also consider the fulfillment of workers 'property rights, so that in this case the workers' property rights can be fulfilled. 
Implementasi Pasal 249 Undang-Undang Nomor 17 Tahun 2014 dalam Harmonisasi Peraturan Perundang-undangan tentang Sumber Daya Alam oleh Dewan Perwakilan Daerah Nicolaus Nicolaus; Rasji Rasji
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.v3i1.9196

Abstract

There’s overlapping regulation, especially about natural resource in Indonesia. This case lead into disharmony of regulation. It is required an institution that could act on harmonization of regulations about natural resource, that is Council of Regional Representative or called DPD. Through DPD duties and authorities, by case provision of article 249 law number 17 of 2014, there is some of DPD authorities on assisting the execution of regulation harmonization about natural resource. In this research, writers using literature, observation and interview methods to gathering data of implementation article 249 law number 17 of 2014 in regulation harmonization of legislation about natural resource by DPD. Problem that occur is that implementation process of article 249 law number 17 of 2014 was affected upon internal and eksternal factors which cause not optimal DPD performance, specialy on harmonization regulation process. There’s require some effort that could stimulate DPD performance base on article 249, so that process of regulation harmonization about natural resource will work more optimal. 
TANGGUNG JAWAB PEJABAT PEMBUAT TANAH DALAM MEMBUAT AKTA OTENTIK YANG PENGHADAPNYA MENGGUNAKAN IDENTITAS DAN TANDA TANGAN PALSU (STUDI KASUS PUTUSAN NOMOR 412/PDT/2018/PT.DKI) febyola berylani sugiarto; Mella Ismelina F.R.
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.v4i1.11072

Abstract

This thesis discusses the responsibilities of PPAT, which the party uses a fake identity and signature based on an example of a case on the DKI Jakarta High Court Decision Number 412 / PDT / 2018 / PT.DKI. The main problem in this research is about the PPAT's responsibility if there is a fake identity and signature of the actor in the deed he makes and what is the position of the authentic deed. This research is a type of normative research with a prescriptive type of research. The results showed that PPAT can be held accountable because it is not careful in carrying out its duties. PPAT responsibilities can be in the form of administrative, civil, and even criminal areas. The status of the authentic deed made by PPAT which contains false information contains legal flaws because it does not meet the validity requirements of an objective element agreement, namely related to a lawful cause so that the sale and purchase certificate becomes null and void by law.
ANALISIS PERTIMBANGAN HAKIM DALAM MEMUTUSKAN PERKARA PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANGGOTA TENTARA NASIONAL INDONESIA PADA PUTUSAN NOMOR 50-K/PM.III-16/AL/IV/2015 DAN PUTUSAN NOMOR 53-K/PM-I-03/AD/IV/2014 Jeski Wilson; Dian Adriawan DG Tawang
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.v3i1.8889

Abstract

This study discusses the Analysis of Judge Considerations in Deciding Narcotics Criminal Cases Conducted by Members of the TNI in Decision Number 50-K / PM.III-16 / AL / IV / 2015 Decision number 53-K / PM-I-03 / AD / IV / 2014. The problem that arises is how the judge's consideration in handling and deciding cases of narcotic crime involving TNI personnel in both cases? Based on the results of the study that the judge in both cases of misuse of narcotics crime by members of the TNI whose case was tried through a military court on case Number: 50-K / PM.III-16 / AL / IV / 2015 with the defendants Tku Agus Slamet and case Number: 53-K / PM-I-03 / AD / IV / 2014 with the accused Sergeant Ismail it can be concluded that the judge's judgment in the criminal prosecution of narcotic offenders refers to the quality and quantity or at least the amount of evidence (narcotics owned or consumed) and look at the time span when the perpetrators consume narcotics (only once without repeating / repeatedly) in a relatively short time.
LEGALITAS SISTEM MONETISASI LOOTBOX DALAM TRANSAKSI GAME ONLINE BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 JO UNDANG-UNDANG NOMOR 19 TAHUN 2016 Muhammad Theo Rizki Putra; Ariawan Gunadi
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.v3i1.9404

Abstract

The advancements in technologies of the current world has given birth to many new services for daily consumption and the general betterment of quality of life. These services can be in the form of recreational applications, also known as video games. One of the monetization system used by the video games industry is lootbox monetization system, a system where consumer can buy a lootbox containing of randomized virtual items using real money or other currencies and has raised concerns about the legality of such practices in the eyes of Indonesian laws. How is the legality of this lootbox monetization system according to Act 19 Year 2016 jo Act 11 Year 2008? How responsible is the goverment towards the negative influences and effects of lootbox monetization system? This journal is written using the normative research method. The research data shows that lootbox monetization system has inherent gambling elements and negative influences, but legally still in the grey area of the law. These gambling elements are illegal in the eyes of Indonesian laws and regulations The goverment has to conduct a legal research on lootbox monetization system, and to regulate such practices in Indonesia.
PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA OUTSOURCING YANG TIDAK MENERIMA JAMINAN SOSIAL TENAGA KERJA (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1308 K/Pdt.Sus-PHI/2017) evita liuswanto; Tundjung Herning Sitabuana
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.v4i1.11077

Abstract

In accordance with the terms found in article 88 and article 99 of Act No. 13 of 2003 concerning Labour, employers are hired to give wages, the social security of the labor to their laborers. In reality many employers who do not comply with the requirement as do outsourcing workers who do not receive the right to receive the social security of labor when they are cut off. The question is how the law protects against outsourced workers who do not receive the social security of labor when they are cut off. To find the answer to that question, the author conducted a study using normative-law researched methods. In this descriptive study, secondary data is obtained through literature studies. After a qualitative analysis, the results indicate that the company as the employer has violated the requirements of labor laws because it does not provide labor security to outsourced labor workers. Thus began the company as the giver has violated preventive protections for outsourcing workers. Related to this the outsourcing of the labor force involved has been using repressive legal protection efforts by mediating through bipartite but failing. Therefore, the outsourcing work force filed a lawsuit with the industrial relations dispute settlement, but since it had also been a failure, the appeal to the Supreme Court was filed. Since the Supreme Court in its verdict also rejected the outsourcing action suit, it is recommended to use the extraordinary legal effort of reviewing new evidence (novum).