Jurnal Hukum Adigama
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.
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<![CDATA[PENYIMPANGAN TERHADAP PERJANJIAN HIBAH ANTARA PERKAWINAN CAMPURAN DALAM KAITANNYA DENGAN PERAN NOTARIS (STUDI PUTUSAN PENGADILAN NEGERI DENPASAR NOMOR 723/PDT.G/2013/PN.DPS JO PUTUSAN MAHKAMAH AGUNG NOMOR 91 PK/PDT/2017) ]]>
<![CDATA[Gladwin Lukman]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10624
<![CDATA[This research takes the formulation of the problem, namely whether the decision of the Denpasar District Court judge rejecting all claims to cancel the agreement between I Gusti Ayu Ita Dewi and Sven Hollingger as a wife partner is in accordance with the applicable legal provisions, and what is the role of the notary in making the grant deed in the form of land from I. Gusti Rai Tantra to I Gusti Ayu Ita Dewi who was handed back to Sven Hollingger who is a foreign national in the verdict. The results show that 1) The decision of the Denpasar District Court judge rejecting all claims for the cancellation of the grant agreement between I Gusti Ayu Ita Dewi and Sven Hollingger is not in accordance with the prevailing laws and regulations in Indonesia. 2) The role of the notary in drawing up the land grant deed from I Gusti Rai Tantra to I Gusti Ayu Ita Dewi which was handed over to her husband, which in reality means between husband and wife if prohibited because it is contrary to Article 1678. In the verdict between I Gusti Ayu Ita Dewi and Sven Hollingger, the notary in charge of making the grant deed did not apply the precautionary principle in carrying out actions because the deed did not contain material truth.]]>
<![CDATA[ANALISIS PERLINDUNGAN HUKUM TERHADAP PEMUTUSAN HUBUNGAN KERJA SEPIHAK OLEH PENGUSAHA TERHADAP PEKERJA WANITA SAKIT: CONTOH KASUS PUTUSAN NOMOR 74/PDT.SUS-PHI/2019/PN.BDG JO. PUTUSAN NOMOR 1016 K/PDT.SUS-PHI/2019) ]]>
<![CDATA[Tamara Ratnasari]]>;
<![CDATA[Sugandi Ishak]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10586
<![CDATA[Labor has a critical role in Indonesian economy, so in order to maintain the legal certainty and welfare of the parties involved in the work relationship, legal protection is needed for all parties. Not only is the certainty of legal protection for healthy laborers important, but also for ailing laborers who are prone to termination of employment due to poorer work performance compared to healthier peers. However, even though legal protection has been facilitated by law, incidents of illegal termination with severance pay that are not in accordance with Indonesian Labor Law often occurs. Thus, problems arise regarding the differences between the legal protection envisioned in the law and the reality that ensues regarding the laborers legal protection. This research type is a normative research with prescriptive objects. The conclusion from the results of the research is that the legal protection provided within the Indonesian labor law is already excellent, although it still requires the willingness of all the parties involved in the labor industry to learn and abide by the law and socialization of the applicable law so the ailing or healthy laborers are able to demand their rights comprehensively.]]>
<![CDATA[EFEKTIVITAS PENANGANAN EMISI GAS BUANG PADA KENDARAAN DI JAKARTA (DITINJAU DARI PERATURAN GUBERNUR DKI JAKARTA NOMOR 66 TAHUN 2020 TENTANG UJI EMISI GAS BUANG KENDARAAN BERMOTOR) ]]>
<![CDATA[Ovaldo Noor Hakim]]>;
<![CDATA[Tundjung Herning Sitabuana]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.12020
<![CDATA[Air has the crucial role to play to all living beings, especially humanity. As ages progress swiftly, cities are racing in terms of the rapid development of its industrial centre. There are no doubts when a city grows more sophisticated, transportation systems are needed more than ever for the intention of facilitating and accelerating citizen’s mobility. As a result of gas emissions from transportation, air has become more polluted from all the uses of transportations. The fact is most citizens lack the will to use public transportation and are more interested in choosing to use their personal transportations. Through the method of literature, it’s crystal clear that there are a couple of cases that we need to observe, that include 1. The use of a transportation’s appropriateness 2. Transportation’s age 3. The needs of testing gas emission from transportation per period of time 4. Increasing the sum of city forest for the intent of absorbing gas emissions from vehicles 5. Implementing permissions restrictions of the private transportation users 6. Socialize the use of public transportation.]]>
<![CDATA[PENERAPAN SANKSI TERHADAP KASUS TINDAK PIDANA PENCURIAN DALAM KUHP DENGAN UNDANG-UNDANG PERKEBUNAN DALAM PUTUSAN PENGADILAN SIMALUNGUN NOMOR 590/ PID.B/2019/PN SIM ]]>
<![CDATA[Abastian Martua]]>;
<![CDATA[Dian Adriawan DG Tawang]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8930
<![CDATA[The application of sanctions in criminal cases involves one of the offenses stipulated in the Criminal Code in which all losses and penalties for the offense are regulated, but in the case of safeguards related to the losses incurred for the offense and less than Rp. 2,500,000, it will be included in minor criminal offenses which regulate further in the Supreme Court Regulation No. 2 of 2012, but in practice many cases of theft of tipiring but other legal rules are sought in order to rule out tiping as in reported cases relating to minor acts but it requires a lex specialist Act Invite Plantation to exclude tipiring. How the Problems of Trial in Light Elections Arise in Kuhp with the Housing Law in the Decision of the District Court Simalungun Number 590 / Pid.b / 2019 / PN Sim. The author uses normative legal research methods. This research is descriptive analysis. Source of data used are primary data obtained from sources and secondary data from the results of library studies.. The author of the Supreme Court and the Panel of Judges further proves the existence of PERMA No. 2 of 2012 to support the enforcement of acts of violence in each case and also to support the application of minor criminal offenses and the application of lex specialists and legislators to more content in making each law making. only take from the rules that already apply in society.]]>
<![CDATA[ANALISIS KEPASTIAN SUMBER HUKUM PEMIDANAAN TERHADAP DELIK ABORSI DALAM SISTEM PERADILAN PIDANA (STUDI PUTUSAN PENGADILAN TINGGI JAMBI NOMOR 6/PID.SUS-ANAK/2018) ]]>
<![CDATA[Rosita Rosita]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.10839
<![CDATA[The discussion articulated in this research material is on the subject of uncertainty of legal source relating to passing of sentencingin cases involving abortion offense under the criminal justice system (as applied in the Jambi High Court Decision Number 6/Pid.Sus-Anak /2018) and the Court’s application on sentencing for such offenses. The primary material used for this research analysis is juridical normative, therefore the sources of data used by the author is primary data fromlaws and regulations, including positive Indonesian law, secondary data from literature studies and various literatures and tertiary data, namely, dictionaries, media and encyclopedias. The materials and data were collected from research conducted from well-equipped legal libraries / authorities. The judge's decision purporting that the perpetrator is held free from abortion offense in cases involving rape victims is somewhat ambiguousunder the existing Criminal Code and Laws, and this ambiguity should be analyzed in the light of law Number 36 of 2009 which concerns health and specifically under Indonesian positive law which adheres to the doctrine of “lex specialis derogat legi generalis” (“special law repeals general laws”). In addition, there is also legal uncertainty involving abortion offense due to the existence of a large number of legal sources or references to articles that regulate abortion offenses. In order for victims of rape and medical emergencies not to be considered ascriminals, the provisions in the Criminal Code and the Health Law must be uniformedto complement each other.]]>
<![CDATA[ANALISIS PENGAWASAN PENYELENGGARA PERDAGANGAN MELALUI SISTEM ELEKTRONIK (PPMSE) DALAM MENGAWASI FENOMENA BARANG PALSU DI PLATFORM MARKETPLACE (STUDI PERBANDINGAN DI INDONESIA DAN AMERIKA SERIKAT) ]]>
<![CDATA[Hessa Arteja]]>;
<![CDATA[Christine S.T. Kansil]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10591
<![CDATA[The United States and Indonesia each have recognized the so-called marketplace platform. Marketplace platform is a place where sellers and buyers as consumers for platform providers or PPMSE can make buying and selling transactions online. The marketplace platform is also easily accessible anywhere by the public, therefore many counterfeit goods are sold on the marketplace platform, so that supervision is needed from PPMSE or platform providers as people or business entities that provide and facilitate electronic buying and selling transactions. To answer these problems, the author uses normative legal research methods. Based on the research results, if there are counterfeit goods on the marketplace platform, PPMSE in Indonesia and the United States are not responsible if there are counterfeit goods on the marketplace platform if the platform provider or PPMSE is not the party selling the counterfeit goods and PPMSE or the platform provider has taken the appropriate steps established legal rules. Then the equation of the legal rules regarding platform providers in Indonesia and the United States is that the platform providers both do not monitor and are not responsible for the list of goods sold on the marketplace platform on a regular basis. The difference is that in the Indonesian law regarding PMSE, the cooperative attitude of PPMSE is not regulated if there is a complaint or lawsuit from the owner of the rights, whereas in the United States law, it regulates how PPMSE should behave when the owner of the right to file a subpoena from the court against the platform provider regarding the sale of goods fake on the marketplace platform.]]>
<![CDATA[TANGGUNG JAWAB PENGANGKUT TERHADAP PENGIRIM BARANG ATAS KERUSAKAN TOTAL BARANG YANG DIANGKUT BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN (STUDI KASUS: PUTUSAN NOMOR 334/PDT.G/2017/PN JKT.PST) ]]>
<![CDATA[Muhammad Alif Miftahurrahman]]>;
<![CDATA[H.K. Martono]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.12025
<![CDATA[In land transportation activities there are several things that must be considered by the carrier in order to safely arrive at the destination. One of them is the inspection of the vehicle that will be used to deliver goods. Transporters often do not pay attention to vehicles from cars used for transportation activities, this is what causes accidents to cause total damage to the goods being transported. The main problems are: 1). What is the responsibility of PT Aeronusa Inti Raya for the total damage to goods transported according to Law Number 22 of 2009? 2). How did the judge determine the decision number 344 / Pdt.G / 2017 / PN Jkt.Pst for the removal of PT Aeronusa Inti Raya's responsibility for the total damage to the goods transported? This problem uses normative law research methods and uses a punitive approach, a case approach and a conceptual approach. Research shows that the transporter data must be responsible for damage to the goods transported due to an accident exploding the elf box car which is the vehicle to deliver goods belonging to PT Datascrip, PT Aeronusa Inti Raya must offer compensation to PT Datascrip and the judge's decision is not in accordance with Law Number 22 In 2009. Supposedly, transporters pay attention to the means of transportation before leaving so as to minimize accidents.]]>
<![CDATA[PERLINDUNGAN KONSUMEN SEKTOR JASA KEUANGAN ATAS PENYALAHGUNAAN DATA PRIBADI PADA APLIKASI KREDIT ONLINE ]]>
<![CDATA[Aldi Rinaldi]]>;
<![CDATA[Ermanto Fahamsyah]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8935
<![CDATA[A Fintech product is a combination of finance and information technology. Fintech adapted the principles of computer networks that are expected to make financial transaction processes more efficient and easier. Through a simple submission process, Fintech is a matter of public interest as a consumer as well as a business opportunity. As a fintech organizer, it is obligatory to protect personal data based on the principle of good personal data protection. Based on the Financial Services Authority Regulation No. 77 / POJK.01 / 2016, it is not related to the procedure or procedure for collection (collection) of Debt Loan payments by Loan Recipients. However, every effort to collect Debt Loans from Loan Recipients must be approved and approved in other applicable conditions. The collection of Debt Loan collections from Loan Recipients does not run in accordance with the existing provisions. Many cases when carrying out the collection (collection) of loan payments, the lender performs obligations to existing provisions and collects personal data of consumers to carry out billing (collection) as there is where confidentiality of personal data of consumers is not necessary. In fact the Personal Data Protection Act must be immediately passed to provide a strong legal basis for the protection of the public (consumers) for actions that harm Business Actors who do not have good faith in the effort.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PERLINDUNGAN HUKUM MASYARAKAT ADAT ATAS HAK ULAYAT (STUDI KASUS: MASYARAKAT ADAT MEGOW PAK TULANG BAWANG DI LAMPUNG ]]>
<![CDATA[Melvin Kurniawan Darma]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i1.10844
<![CDATA[Land is the most essential asset of Indonesian, since all Indonesian live and grow up on the Land. Indonesian positioned the land as the most important especially for customary law societies. Customary communal land rights in customary law societies are very important for life continuation of customary law societies, however there are many customary communal land rights taken by irresponsible companies, even though customary communal land rights are recognized and protected according to Law of the Republic of Indonesia art. 18B verse (2) as a guideline that customary communal land rights are recognized and protected under Law of the Republic of Indonesia. This research also intends to find out the existence of customary communal land rights under the law. Provisions of art. 18B verse 2 declares recognition of customary communal land rights along with traditional rights. In this case government officers who take the customary communal land rights to create a company, plantation and others. Therefore many customary law societies do not accept when the customary rights are taken over by irresponsible individuals, resulting in a conflict between the two parties between the company and the customary law society. The government officers should have known that the Law recognized and protected the customary communal land rights. In this case, customary law societies, especially customary communal land rights, are recognized and protected by The Law of Republic of Indonesia 1945, Agrarian Principal Law, and many others laws.]]>
<![CDATA[PERLINDUNGAN HUKUM MEREK TERKENAL TERHADAP PENGATURAN PRINSIP PERSAMAAN PADA POKOKNYA YANG DIAJUKAN DENGAN ITIKAD TIDAK BAIK (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR: 92K/PDT.SUS-HKI/2017) ]]>
<![CDATA[Vira Adryani]]>;
<![CDATA[Christine S.T. Kansil]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i2.10596
<![CDATA[Often there are applicants who have bad intentions in registering their trademarks, especially those that have substantially or in full similarity with well-known marks. This can be detrimental to the party being imitated because it will affect the decline in profits and loss of brand reputation. If there is a party who feels that it has been harmed by the registration, they may file a lawsuit for the cancellation of the mark. The method used in this paper is a normative legal research method. The results showed that the application of the equation assessment criteria in essence can be proven in the Judgment on Cassation level No. 92K / Pdt.Sus-HKI / 2017 between the famous Hugo Boss brand and the disputed “Hugo” brands. The application of the law by the Panel of Judges was correct because it had been proven that the “Hugo” brands owned by Teddy Tan had bad faith in registering their trademarks which were basically similar to the well-known brand, namely Hugo Boss. Moreover, Hugo Boss has already been registered and the famous brand should have received legal protection that has been guaranteed by the state as a consequence of the exclusive rights attached to the brand. Registration with an element of bad faith with equality assessment indicators will basically be rejected by the Directorate General of IPR based on Article 21 paragraph (1) and paragraph (3) of Law No.20 of 2016 concerning Trademarks and Geographical Indications because it can be misleading and cause confusion in Public.]]>
