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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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PENGATURAN PEMUTUSAN HUBUNGAN KERJA KARENA KESALAHAN BERAT DALAM PERJANJIAN KERJA BERSAMA ANTARA ADI PURWANTO (BURUH) DAN PT. MUJUR TIMBER SIBOLGA “(STUDI KASUS PUTUSAN HAKIM PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 178/PDT.SUS-PHI/2017/PN.MDN.) Revaldi Sanjaya; Stanislaus Atalim
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.v3i2.10608

Abstract

Termination of employment (PHK) is a problem that always occurs in the world of work,termination of employment itself is a very frightening event for workers/laborers who face it, this is because it is related to the cessation/absence of financial income for the worker/laborer concerned to fulfill needs. Because it is a frightening event for workers, they must make every effort so that dismissal never occurs as reflected in Article 151 paragraph (1) of Law Number 13 Year 2003 concerning employment, however in practice this is unlikely to happen. occurs, in acompany there must be layoffs, one of which is layoffs due to serious mistakes. One example of layoffs due to serious errors is in Decision Number 178/PdtSus-PHI /2017/PN.Mdn, where Adi Purwanto as a worker was laid off due to a serious error stipulated in the Collective Labor Agreement that applies to the company where he works, the purpose of this research is to find out the validity of layoff regulations due to serious mistakes in Collective Labor Agreement . The methods used in this research are: This type of research is normative legal research which takesthe problem from the law then provides justification, the type of data used is primary legal material, secondary legal material, and tertiary legal material, data collection techniques used are used is literature study and interviews, and data analysis techniques are prescriptive techniques.
TINJAUAN BENTUK PERTANGGUNGJAWABAN PT TOKOPEDIA SELAKU MARKETPLACE DALAM RANGKA MENYEDIAKAN SISTEM ELEKTRONIK YANG ANDAL DAN AMAN BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK JO. UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Samuel Evan; Christine S.T. Kansil
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.v3i2.10575

Abstract

Everyone should already know about legal responsibility. Legal responsibility itself takes many forms. Problems arise when a regulation, especially a law, does not clearly explain the form or principle of legal responsibility that applies in the application of the regulation. This is clearly seen in Article 15 of the ITE Law, where it does not state what forms of legal responsibility can be applied to electronic system administrators in the operation of the electronic system. Determining the form of legal responsibility in the ITE Law is very important considering the rapid growth of electronic transactions (e-commerce) both in the world and in Indonesia. The development of e-commerce has certainly led to an increasing number of companies engaged in e-commerce. PT Tokopedia as one of the largest marketplaces in Indonesia is a testament to the rapid development of e-commerce. In running its business, PT Tokopedia is bound to and must comply with the ITE Law as part of the electronic system organizer. As a result of unclear regulations regarding the legal responsibility of electronic system administrators in the ITE Law, it can cause injustice to the community, especially as users of electronic system services. There is a need for clearer regulations regarding the form of legal responsibility for administrators of this electronic system in order to achieve legal certainty and also justice for all parties in e-commerce activities.
IKTIKAD BAIK DAN TANGGUNG JAWAB PARA PIHAK DALAM PERJANJIAN KREDIT PERBANKAN DI BANK PERKREDITAN RAKYAT ABC (STUDI KASUS PUTUSAN PENGADILAN TINGGI BANTEN NO. 32/PDT/2016/PT BTN) I Made Suri Pandhu; Imelda Martinelli
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.v4i1.12009

Abstract

One of the main banking functions is acting as an intermediary between a financially surplus party and a deficit party. Businessman uses banking loan facilities to fund their business. However, not all of business can grow as expected. On the event of  its debtor facing lose, bank will be impacted. Both parties must  overcome its bad debts problem pursuant to their loan agreement. This research uses normative methods to analyze Tangerang Court’s verdict No. 749/Pdt.G/2014/PN TNG which was concurred by Banten High Court through verdict No. 32/PDT/2016/PT BTN. The courts rule out  rural bank BPR (Bank Perkreditan Rakyat) ABC’s lawsuit against its debtor. Problem statement of this research is: how are good faith and responsibilities of both parties on banking loan agreement? It is found that Debtor experienced financial difficulties on their second loan. Debtor then requested loan restructuring. BPR ABC approved the request by  initiating addendum to loan agreement  to  extend  repayment period and to provide additional loan. However, only  3 months after  the restructuring, Debtor was unable  to fulfill his monthly installment as stated on loan agreement. Debtor was reluctant to discuss her loan problem. Therefore BPR ABC filed lawsuit. In the court, judges did not accept Debtor’s business downturn as valid reason for Debtor not to fulfill repayment schedule.  Writer concludes Debtor did not act in good faith and tried to avoid his responsibility. BPR ABC should improve its capability to asses  character and business prospect of its debtor.
ANALISIS PELAKSANAN PERWAKAFAN TANAH YANG TIDAK MEMENUHI SYARAT-SYARAT PADA UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF DAN INTRUKSI PRESIDEN NOMOR 1 TANUN 1991 TENTANG KOMPILASI HUKUM ISLAM (Studi Putusan - Putusan Nomor 163/Pdt.G/2018/PTA.Bandung) Ovannyalda Chrismananta; Mulati Mulati
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.v3i1.8913

Abstract

Based on the requirements of Waqf there is an issue that is in Kp. Magalayu, Citatah Village, District Citatah, West Bandung Regency. There is a plot area of 26,000 m2 that has been established by the school and public burial place. The land belongs to the local village government that was formerly a representative by the head of the former village to be represented. The Waqf is contrary to the prevailing laws and regulations in Indonesia, thus giving rise to conflict between the village government and its heirs. Based on the contents in this thesis there is the problem is how the implementation of land representatives who do not meet the requirements of the law No. 41 year 2004 about Waqf and Presidential instruction No. 1 year 1991 about the law compilation. The content of my thesis is based on the ruling that does not return the land to the village government when the land dispute is a village land, so according to the author of the Waqf should be cancelled because it does not comply with the prevailing laws and the Waqf is said to be haram. Furthermore, the research method is research for academic purposes, the method of approach used by the authors in the writing of this thesis is a legal approach, the research examined by the authors in this research is a prescriptive study.
AKIBAT HUKUM BAGI PEMILIK SATUAN RUMAH SUSUN TERHADAP DEVELOPER RUMAH SUSUN YANG DINYATAKAN PAILIT OLEH PENGADILAN NIAGA Teddy Francis; 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.v3i2.10613

Abstract

The apartment developers who still have responsibility to the buyers and owners of the apartment units must do maneuvers to maintain the continuity of the company even in an economic crisis. However, when a developer is unable to pay their debt and is declared bankrupt, there will be legal consequences for the buyers and owners on the ownership of the apartment, considering that developer still has responsibility. According to the author's analysis, when the developer goes bankrupt, the main certificate of the apartment becomes bankruptcy property and will be auctioned. The impact for buyers/owners who are still in the PPJB (sale and purchase binding agreement) stage is the cancellation of the PPJB followed by the creation of a new PPJB with the new developer or the owner can choose not to continue purchasing the apartment and become a creditor who can claim compensation, the impact on owners in the AJB (sale and purchase deed)/certified stage is that they still have rights ownership of apartment. In conclusion, the legal consequences for buyers/owners of flat at the PPJB stage depend on the actions chosen by the curator and the buyer/owner after the bankruptcy. Owners/buyers with AJB and certificates keep their ownership. The author's suggestion is Indonesian Law should clarify the definition of bankruptcy property, improving protection of apartment owners in the Apartment Law, Bankruptcy and Suspension of Payment Law, and Job Creation Law, harmonizing the understanding of the necessity of making PPJB in front of a notary in Indonesia  Law.
Pelindungan Hukum Terhadap Pemegang Saham Perusahaan Tercatat Dalam Hal Diberlakukannya Suspensi Perdagangan Efek Oleh Bursa Efek Indonesia (Studi Kasus: PT Evergreen Invesco, Tbk (GREN) Tahun 2017) Jessica Kandiawan; Christine S.T. Kansil
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.v3i2.10581

Abstract

A private company that went public by making a public offering is obliged to convey information to their shareholders and also the Capital Market supervisors. When a public company fails to perform their obligations, Indonesia Stock Exchange (IDX) as one of the Capital Market supervisors may impose sanctions in the form of trading suspension. However, up until this day there is no legal certainty regarding the time limit of a trading suspension. That means, a company can be suspended for years without a clear time limit and ends up getting forced delisting by IDX. Thus, there is a need of legal protection to the shareholders regarding the unlimited time of trading suspension as well as corporate responsibility in case of being forced delisting. The research method used is normative juridical. In Indonesia, the Law Number 8 of 1995 concerning the Capital Market and the regulations below it provided legal protection to shareholders by determining the principle of disclosure. Furthermore, when a company gets forced delisting, the board of directors of the company must take responsibility for their negligence which resulted in the trading suspension (principle of piercing the corporate veil). In addition, Article 61 Paragraph 1 of Law Number 40 of 2007 concerning Company Law, states that the shareholders have the right to sue the board of directors through a district court. Shareholders also have rights to have their shares valued and purchased at a fair price by the Company.
ANALISIS HILANGNYA HAK WARIS BAGI AHLI WARIS ATAS AKIBAT PERBUATAN MELAWAN HUKUM PENGUASAAN HARTA WARISAN SECARA SEPIHAK (Contoh Kasus Putusan No: 601/Pdt.G/2019/PN. Jkt.Pst) Muhammad Hadlisina Hawari; Hanafi Tanawijaya
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.v4i1.12015

Abstract

Inheritance law is a subset of family law that is heavily influenced by social conditions. Indonesia does not have a single inheritance law due to its pluralistic existence. If an heir's inheritance rights are violated, he has the right to sue. The judge agreed not to grant compensation to the defendant in his judgment No: 601/Pdt.G/2019/PNJkt.Pst, and in the case of an act committed by the defendant, he nevertheless received a percentage of the inheritance, despite the fact that the act he committed had already violated the provisions of Article 838 of the Civil Code. Normative analysis was used as a research tool. The findings revealed that an heir who had been found to have committed an act considered unacceptable as described by Article 838 of the Criminal Code should no longer be eligible to inherit. This is the condition where the judge can decide thus, because the case refers to the Civil Law which is a family law which is very likely in terms of its forgiving element. Furthermore, the judge instructed the defendants to prove an illegal act in a criminal context first, so that the facts at the Civil Court trial would be clearer and could be considered by the judge while making decisions in court in a civil context.
KEPASTIAN HUKUM PENGAJUAN PEMBATALAN SERTIPIKAT TANAH YANG TELAH MELAMPAUI BATAS WAKTU (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 115 PK/PDT/2018) Bodhi Alivian; Endang Pandamdari
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.v3i1.8919

Abstract

This article will analyze the legal certainty of submitting a cancellation of a land certificate that has been published for more than 5 years for holders of land rights whose names have been stated on the certificate. The purpose of land registration in Indonesia according to UUPA and PP 24/1997 is to provide legal certainty and protection for the certificate’s owner. Acticle 32 (2) PP 24/1997 provides assurance that the certificate that has been published above 5 years cannot be sued again and the plaintiff loses its right to sue. In fact, there have been lawsuits in public courts and state administrative courts that voided the validity of the certificates even though they have been published above 5 years, using the reason that they were contrary to law. The verdict will certainly give the view that UUPA and PP 24/1997 cannot provide the legal certainty and protection fot the certificate holders and give the anxious sense to the party whose names have been stated on the certificate because at any time can be submitted cancellation through court proceedings.
KEABSAHAN ALAT BUKTI ELEKTRONIK BERUPA REKAMAN DALAM PROSES PEMBUKTIAN DI DALAM PENEGAKAN HUKUM PIDANA (STUDI KASUS PUTUSAN NOMOR : 661/PID.B/2016/PN.BLB) Ricky Vandre Teguh Jaya; R Rahaditya
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.v3i2.10619

Abstract

Evidence comes to determine that whether or not a person is convicted, Research Method used is normative research using statutory and analytical approach, data collection through literature studies, The research about evidence that use on criminal cases, there are many evidence in Criminal Procedure Code, Article 184 in Criminal Procedure Code acknowledges that there are 5 pieces of evidence, however, evidence based on electronic data its not comes from Criminal Procedure Code, its come from different law constitution,Law of Republic Indonesia Number 19 Year 2016 concerning Information and Transaction Electronic in article 5 is about evidence electronic that valid to use as an evidence such as evidence in Criminal Procedure Code article 184, therefore electronic evidence is valid and legal to use on criminal cases, the recruitment of electronic evidence on article 5 to becomes legal evidence that got recognize by the judge is still not clear, so there is needed to increasingly emphasized that electronic evidence.
TANGGUNG JAWAB PELAKU USAHA TERHADAP APARTEMEN YANG TIDAK MEMENUHI SYARAT SERTIFIKAT LAIK FUNGSI MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI PUTUSAN NOMOR 553/Pdt.G/2016/PN.JKT.UTR) Monica Hendrawan; 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.v3i1.8925

Abstract

Apartment are one of many options that peoples choose to live in especially for peoples that live in capital city such as Jakarta. In the process construction of apartements, there are one requirements that must be completed, one of them is the Building Worthiness Certificate. Building Worthiness Certificate is a certifivate that issued by the regional government. In fact, there are still many apartements in Jakarta that didn’t fullfied the requirements, Robinson Apartment which was build by PT Putra Mas Simpati  is one of them. How is the responsibility of developer that didn’t fullfied the Building Worthiness Certificate requirement in the construction of Robinson Apartment and what are the legal consequences for developer that don’t have Building Worthiness Certificate (Contractual Liability). According to Law Number 9 of 1999 concerning Consumer Protection Article 28, developer should be liable for damages, however the compensation given is based o the decision of the Court Number 553/Pdt.G/2016/JKT.UTR apparently are not fulfilling or suitable. While to the law about Building Worthiness Certificate which is not fulfilled in the construction of Robinson Apartment by PT Putra Mas Simpati, according toLaw Number 20 of 2011 concerning Flats Article 107-108, developer may be subject to administrative sanctions. As a suggestion, more intensive guidance and supervision are needed for businesses that build apartment from the Regional Government and the Ministry of Public Works and Public Housing.

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