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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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Upaya Debitur Dalam Mengatasi Kredit Macet Pada PT. Bank Danamon Simpan Pinjam Unit Pasar Pedan Dominique Ellen; 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.v3i1.8897

Abstract

Bank is one of the well-known financial institutions in Indonesia.. To provide legal certainty related to bank as financial institution, Law Number 10 of 1988 concerning Banking is regulated. Bank have various businesses and purposes, one of them is the effort to provide credit.. In order to provide credit, bank have a big risk, one of them is about bad credit, as experienced by Inna Ria Nuraini. How the debtor efforts in dealing with bad credit at PT. Bank Danamon Simpan Pinjam Unit Pasar Pedan is a researched problem. The research method used is descriptive normative legal research method, using secondary data and primary data as supporting data analysed qualitatively.  The results of research illustrate that there are some several attempts which can be done by the debtor for dealing with their bad credit, that is by submitting restructurisation, rescheduling, or reconditioning. However, those attempts not implemented by the debtor because she prefer to bring a lawsuit to court.
ANALISIS PERLINDUNGAN HUKUM ATAS PENGHAPUSAN MEREK SECARA SEPIHAK OLEH DIREKTORAT JENDERAL KEKAYAAN INTELEKTUAL (Contoh Kasus: Putusan Nomor: 575 K/Pdt.Sus-HKI/2020) Theresia Wijaya; 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.v3i2.10560

Abstract

Mark registration in Indonesia is carried out on the basis of the first to file principle which ensures that the first registrant is the legal owner of a Mark who has executive rights over a Mark. However, the development of the world of commerce encourages people to register their trademarks. And in the process, Double Registration often occurs. This thesis discusses the Trademark dispute between Ruben Onsu and Benny Sujono. This Mark Dispute will look at the fact which party is the first registrant, thus Marks which have similarities in essence will be canceled as contained in Decision number: 575 K / Pdt.Sus-HKI / 2020. In the dispute, a new problem arose in which Benny Sujono's Mark, which was the first registered and legal mark, was deleted under the argument of Article 72 of the Law on Trademarks and Geographical Indications as well as disturbing peace in society. Referring to the problem, the author uses normative legal research methods and the results of the research show that the negligence and subjectivity of the examiner are factors that cause double registration in trademark registration. And the elimination of a mark by the Directorate General of Intellectual Property cannot be done because there are no elements that are violated from Article 72 of the Trademark and Geographical Indication Law. Thus, it is concluded that the deletion of the Mark is inappropriate. On this basis, the author recommends taking legal remedies by filing a lawsuit at the State Administrative Court
Analisis Yuridis Penerapan Justice Collaborator Dalam Tindak Pidana Korupsi (Studi Putusan Mahkamah Agung Nomor 430 K/Pid.Sus/2018) Novitha Sitohang; Firman Wijaya
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.v4i1.11244

Abstract

Justice Collaborator can be said to be an extraordinary legal effort and has a very meaningful role in uncovering the problem of corruption, even though its implementation often arises problems. The problem in this thesis is how is the implementation of Justice Collaborator in Corruption Crime (Study of Supreme Court Decision Number 430K / Pid.Sus / 2018). The research method in the preparation of this thesis is a normative juridical research method, namely research is carried out by first examining the law library materials related to the case and then being viewed objectively through the provisions of the applicable legislation. This research has a descriptive character, namely describing and analyzing the cases presented which aim to describe concretely about the juridical study of the application of Justice Collaborator in criminal acts of corruption in Indonesia. In the research conducted by the author, it can be concluded that in SEMA Number 4 of 2011, a juice collaborator is given to one of the perpetrators of a certain crime, admits that he was committed, not the main actor in the crime itself, and can provide information as a witness in the judicial process. Certain criminal acts referred to in this SEMA are corruption, terrorism, narcotics, money laundering, human trafficking, and other organized crimes. Thus, this criminal act can cause serious problems and threats to the stability and security of society, however, the priority that is centered in this SEMA is the Crime of Corruption.
ANALISIS YURIDIS PENJATUHAN PIDANA DENDA DI BAWAH KETENTUAN MINIMUM KHUSUS OLEH HAKIM DALAM PERKARA TINDAK PIDANA KORUPSI (STUDI PUTUSAN PENGADILAN TINGGI MEDAN NOMOR 12/PID.SUS-TPK/2017/PT.MDN) Maria Eleonora Novena Pritasari; Hery Firmansyah
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.v3i2.10565

Abstract

Corruption is a criminal act that requires extraordinary prevention and handling. One of the efforts to eradicate corruption is the application of special minimum criminal provisions.The implementation of this special minimum criminal sanction needs to be supported by the judge as the law enforcer who determines the severity of the crimes imposed in the judicial system. Often corruption court decisions apply criminal sanctions under a special minimum sentence. Pancasila Sibarani based on Medan High Court Decision Number 12/PID.SUS-TPK/2017/PT.Mdn, was sentenced to a fine of IDR 50,000,000, which deviates from the specific minimum provisions in the law. 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 indicate that conviction by judges is entirely dependent on the process of proving and seeking material truth in the case itself. The judge's authority in imposing a sentence must be based on considerations obtained from extracting facts in the trial process.
PENERAPAN PASAL 70 UNDANG-UNDANG NOMOR 30 TAHUN 1999, DALAM PERKARA INVESTMENT AGREEMENT, ANTARA HARY TANOESOEDIBJO MELAWAN SITI HARDIYANTI RUKMANA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 97 B/PDT.SUS-ARBT/2016) Nuraisyah Indri Widya; 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.v4i1.11999

Abstract

Arbitration is a way of resolving a civil dispute outside the general court based on an arbitration agreement made in writing by the parties. In article 70 of law number 30 of 1999 concerning arbitration and alternative dispute resolution, there are provisions regarding the cancellation of an arbitration verdict. There are many interpretations regarding the terms of the cancellation of the arbitration verdict, this makes the arbitration law ineffective in resolving disputes such as in the case of seizure of shares in PT. Cipta Televisi Pendidikan Indonesia. In this case, the Central Jakarta District Court canceled the arbitration verdict on reasons that are beyond Article 70. In addition, after an appeal was made to the Supreme Court, in its decision the Supreme Court stated that the arbitration verdict could not be implemented and canceled the decision of the Central Jakarta District Court which canceled the arbitration verdict, this creates legal uncertainty for the parties because there is no clarity and resolution of the problem for the problem in dispute.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH TERHADAP AKTA JUAL BELI YANG CACAT HUKUM (STUDI PUTUSAN PENGADILAN NEGERI JAKARTA TIMUR NOMOR 347/PDT.G/2017/PN.JKT.TIM) Jessica Fionita; Hasni Hasni
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.v3i1.8902

Abstract

The Deed of Sale is the deed made by the land deed official as evidence of a legal act of transfer of rights by way of buying and selling. Therefore, if the contents of the Deed of Sale contain legal defects, the transfer of rights can be said to be invalid. Then, what is the responsibility of the Land Deed Official for a legal defect in the Deed of Sale? The author in examining the problem using the normative method. The primary data that the author uses comes from interviews with those relating to the Land Deed Official, while secondary data comes from books that relate to the agrarian sector. Research suggests that the authority of the Land Deed Official was the making of an authentic deed related to agrarian/lands. Therefore, when legal defect exist in the Deed of Sale due to the mistake of the Land Deed Official, the Land Deed Official could be charged with administration sanction, civil sanction, and criminal sanction as a form of accountability. Thus, the responsibility for the Land Deed Official who erred in the making of Deed of Sale is administrative responsibility, civic responsibility, and criminal responsibility. It is good the be sure that before the Land Deed Official make the Deed of Sale, the Land Deed Official is consulted first about the data from Indonesian National Land Office.
AKIBAT HUKUM PEMBATALAN AKTA PERJANJIAN PENGIKATAN JUAL BELIi (PPJB) YANG DiKERJAKAN OLEH DEBITUR TANPA MEMENUHI PRESTASI DALAM PERJANJIAN (STUDI PUTUSAN NOMOR: 571/PDT/2017/PT.BDG) Sesa Merindah Putri; Endang Pandamdari
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5274

Abstract

The agreement is an event in which a person pledges to another person to know where two people promise to do one thing. to be able to make an agreement then it must fulfill the legal requirements of an agreement set forth in article 1320 of the law of civil law. upon fulfillment of the parties may enter into a sale and purchase agreement where prior to the sale and purchase of the parties entered into a preliminary agreement which is commonly referred to as the sale and purchase agreement. in the execution of the sale and purchase agreement of the parties sometimes does not conform to what is entered into in the agreement, so the agreement can be canceled by the party. the factor is affecting  cancellation of  deed and sale and purchase agreement are the sale price agreed upon in the agreement not being repaid by the buyer until the agreed period of time.
ANALISIS YURIDIS PELAKSANAAN KEWENANGAN JAKSA SEBAGAI PENUNTUT UMUM DAN PENYIDIK DALAM PENANGANAN TINDAK PIDANA KORUPSI BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2004 TENTANG KEJAKSAAN REPUBLIK INDONESIA Sealtiel, Marselly; Firmansyah, Hery
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.v3i2.10570

Abstract

The handling of corruption crimes committed by the prosecutor's office as investigators and public prosecutors has caused many problems, both internally and externally, the prosecutor's office. The Attorney General's Office carries out its duties and powers based on Law Number 16 of 2004 concerning the Public Prosecution Service of the Republic of Indonesia. The problem to be discussed in this research is how the process of carrying out investigations and prosecutions in the handling of corruption crimes committed by the prosecutor's office based on laws and whether it creates a conflict of interest when it is carried out by the same prosecutor in different work functions. This study uses a normative research method which is sourced from secondary data from a literature study with a statutory approach. The results of the study indicate that in the process of implementing the authority of investigation and prosecution by the prosecutor, it still causes problems because there is no renewal or adjustment (harmonization) between regulations. In practice, the prosecutor's office in carrying out investigations and prosecutions using the one-stop system is an efficiency in the case handling process and even the ease of coordinating under one roof. Limited human resources within the prosecutor's office mean that there are personnel who carry out the work of investigating and prosecuting at the same time, even though structurally there is separation. So that in practice it creates a conflict of interest that impacts objectivity and personnel independence.
ANALISIS YURIDIS SIFAT MELAWAN HUKUM MATERIIL DALAM FUNGSINYA YANG NEGATIF TERHADAP PENGGUNAAN GANJA UNTUK PENGOBATAN KISTA/ SYRINGOMYELIA (PUTUSAN NOMOR 111/PID.SUS/2017/PN.SAG) Sahetapy, Refly Adidjasa; Rahaditya, 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.v4i1.12004

Abstract

Indonesian criminal law recognizes several reasons“that can be”used as a basis for”a judge in imposing a criminal sentence or sentence on a defendant who has been brought to court for committing a criminal act. The reasons that are used as the basis by the judge are named as excuses for criminal offenses. The reason”for the annulment of punishment is addressed to the judge, to determine under what”conditions a person”who commits a criminal act or fulfills the formulation of offense or “bestanddelen” can or cannot be convicted. One of the“reasons for the eradication of crime is the nature of violating“the material law in its negative function which means that even though the act fulfills the element of offense”but does not conflict with the sense of justice of the community, the act is not punished. The theory should be used and taken into consideration by the Panel of Judges in the case that the author adopted, namely the Defendant was charged with using Article 116 paragraph (1) of Law Number 35 of 2009 concerning Narcotics because the Defendant gave marijuana to his wife who was suffering from spinal cysts / Syringomyelia as an act This is not an act that is disgraceful or contrary to the sense of justice of society, the act is not an anti-social act, namely that the essence of a criminal act is an anti-social act, furthermore that the Defendant is not consuming marijuana is proven by negative test results, the Defendant also did not gain or trade marijuana, or used marijuana to others for profit. so that the author is of the opinion that the defendant should be able to be released, if the panel of judges uses the theory of nature against material law in its negative function as a consideration in deciding the case.
PERTANGGUNGJAWABAN KORPORASI OLEH DIREKSI TERHADAP TINDAK PIDANA KORUPSI (STUDI KASUS PUTUSAN NOMOR 003/PIDANA. KHUSUS-TINDAK PIDANA KORUPSI/2018. PT.DKI) Rani Asmara; 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.v3i1.8908

Abstract

Criminal liability by the Board of Directors stipulated in article 2 paragraph (1) of law number 31 of 1999 Jo Law No. 20 of 2001 on the Eradication of corruption crimes against the case of corruption crimes contained in the ruling of a court number 003/Pid. Sus-TPK/2018/PT. DKI to maintain the intermediary of the officers because the legal entity is always realized through human deeds, so that the delegation of criminal liability contained in humans with this is represented by directors in accordance with the provisions of article 1 number 4 Law No. 40 2007 year about limited liability company. Therefore, the problems that need to be studied further, namely as follows: How is the corporate responsibility of the directors of corruption against criminal acts? To examine the problem, the author uses normative research methods. The results of the study indicated that the Board of Directors may have requested a criminal liability dispute in accordance with the provisions of article 2 paragraph (1) article 18 paragraph (1) and (2)  31 of 1999 Jo Act No. 20 of 2001 on the Eradication of criminal corruption. The author concluded that the criminal liability against corruption crimes was carried out by the Board of directors or the administration, because in the case of corporations can only be penalized by criminal sanctions relating to compensations, because the corporation is a legal entity that cannot be held to be criminal liability in the form of prison confinement and has no outward body form.

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