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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
PENERAPAN PERATURAN DAERAH KOTA TANGERANG NOMOR 7 TAHUN 2004 TENTANG LARANGAN KEGIATAN PERMAINAN LAYANG-LAYANG BAGI KESELAMATAN PENERBANGAN Rifqy Praharso; H.K. Martono
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.v4i1.12030

Abstract

The kite game is a game that is prohibited around the Soekarno-Hatta Airport area as regulated in the Tangerang City Regional Regulation Number 7 of 2004 because it can threaten aviation safety. However, the current socialization and sanctions given by local authorities to the community are still far from expectations and have not been able to optimally have a positive impact on society. The author raises this thesis, with the aim of knowing the extent to which the effectiveness of law enforcement of the Tangerang City Regional Regulation Number 7 of 2004 concerning the Prohibition of Flying or Raising Kites and / or Similar Games and Other Activities that Disrupt Aviation Safety at Soekarno-Hatta Airport and its surroundings. also know the obstacles and efforts of the Tangerang City Government and related stakeholders in enforcing this Regional Regulation. To discuss the above problems, in this study the author uses the Normative research method. Based on data through interviews, it is known that there are still people who commit violations. The faculties that become obstacles for stakeholders are related to the enforcement of the Regional Regulation, namely, legal factors, law enforcement factors, facilities or facilities factors and community factors that are obstacles to overcoming kite games in Neglasari, Benda, Batuceper, and Sepatan Districts. These factors influence the implementation of the Tangerang City Regional Regulation Number 7 of 2004 concerning the Prohibition of Flying or Raising Kites and / or Similar Games and Other Activities that Disrupt Aviation Safety.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PRODUK MIE BASAH YANG MENGANDUNG FORMALIN Bernald Sihite; Ermanto Fahamsyah
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.v3i1.8941

Abstract

Wet noodles are foods that are consumed in Indonesia. The storage period of noodles is very short, so many noodle producers in Indonesia use food additives to make them more durable. formalin is a food additive that is prohibited from being added to food products, because it can damage health. This research is about the legal facts that occur against consumer protection against formal wet noodle products and the role of the government in preventing the manufacture and distribution of formalin wet noodles in Indonesia. Normative legal protection is regulated in UU NO. 8/1999 and UU NO. 7/1996. Strengthened by the Ministry of Health No. 722 / Menkes / Per / IX / 1988. The agency appointed by the government is BPOM as the supervisor and BPSK as the consumer dispute settlement, this study uses the legal facts of decision No.1603 / Pid.Sus / 2017 / PN / Bks. Where producers are found guilty of producing and circulating wet noodles containing formaldehyde. The results of this study prove that legal norms against the abuse of formalin in wet noodle products are very important in preventing the production and distribution of formalin wet noodles in the community
KEABSAHAN PERJANJIAN PENGIKATAN JUAL BELI YANG MENGANDUNG KLAUSUL KUASA MUTLAK SEBAGAI PEMINDAHAN HAK ATAS TANAH Angel Halim; Mia Hadiati
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.v4i1.10849

Abstract

A sale and purchase agreement (PPJB) is often carried out in the process of buying and selling land, which there is an absolute power of attorney. There are pros and cons regarding the use of absolute power of attorney that there are problems regarding the validity of the PPJB which contains an absolute power clause as a transfer of rights to land and legal consequences of prohibiting the use of absolute power as a transfer of rights to land. This research uses normative legal research methods and uses data collection or processing techniques through literature review and interviews with related sources. The results of this study are that the use of absolute power in the sale and purchase agreement is valid as long as the power granted is contained in the principal agreement. The use of absolute power that is prohibited is the granting of power that does not follow the main agreement, meaning that this power is independent. The legal consequence of the use of absolute power in the transfer of land rights is that the absolute power can be canceled and null and void by law, however such absolute power can only be canceled by a judge's decision and generally will occur if there is a dispute. The suggestion is that there needs to be clear rules governing absolute power in more detail so that the pros and cons regarding this absolute power are resolved, land deed officials should be more careful when going to use absolute power.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN TERKAIT HARGA MASKER YANG MELONJAK TINGGI DISAAT PANDEMI COVID-19 BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Cornelia Dewi Anggarani; Mariske Myeke Tampi
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.v3i2.10602

Abstract

The world is currently facing Covid-19, where the virus has spread throughout the world, including Indonesia. The President and Government appealed to the public to maintain health, follow health protocols such as wearing masks when outside the home. Lots of people buy basic necessities, so there is panic buying. Masks are currently experiencing scarcity, considering that masks are one of the basic necessities, so they are expensive. The increase in the price of these masks has made it difficult for less fortunate consumers to buy masks. Then what about the legal protection for consumers regarding the expensive price of masks? The author examines these problems using normative legal research methods. Research data shows people who complain about these expensive masks. The government should give the community masks periodically or free every once a month, so that people who are less fortunate can also have masks to prevent the corona virus.
ANALISIS KEKUATAN HUKUM ATAS PENGAMBILAN KEPUTUSAN DENGAN METODE CIRCULAR RESOLUTION PADA PERSEROAN TERBATAS Slivia Cendana; Eva Fortuna; Devina Trianti; Andryawan Andryawan
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.v4i1.12035

Abstract

One of the aims and objectives of the Limited Liability Company is to make decisions for the sustainability of the Company. This decision making is carried out by shareholders in the organs of a limited liability company, namely the General Meeting of Shareholders (GMS), generally this decision making is carried out in a meeting that has been previously scheduled as stated in the Articles of Association of a Limited Liability Company. However, there are other ways of decision making in Limited Liability Companies which are carried out by shareholders besides the GMS as regulated in Law Number 40 of 2007 Article 91 concerning Limited Liability Companies, which are known as circular resolutions. This Circular Resolution is a mechanism provided by law for the convenience of shareholders. This study aims to determine the legal power of decision making and to determine the effectiveness of decision making by using the circular resolution method in Limited Liability Companies. This research method is normative research by examining the positive rule of law in Indonesia and literature studies. The results of this study indicate that decisions made by Circular Resolution have binding legal force as well as decisions made by the GMS by calling beforehand. This Circular Resolution can be carried out as a substitute for the conventional GMS as stated in the Articles of Association of the Company. The circular resolution does not have to mandatorily written on the notarial deed to prove its legal legitimacy, but there are provisions regarding several decisions that must be stated on the notarial deed. Circular resolution decisions are effective because these decisions are generally made to the convenienxe of limited liability companies which are closed, which the closed limited liability company only consists of a few shareholders so obtaining a signature as a form of validity of the decision is easier compared to publicly listed companies.
MEKANISME PENEGAKAN HUKUM TERHADAP HAKIM YANG MELAKUKAN PELANGGARAN KODE ETIK DI MAHKAMAH KONSTITUSI YANG MEMENUHI UNSUR PIDANA (STUDI PUTUSAN NOMOR. 01/MKMK-SPL/II/2017) Henny Pertiwi Gani; Abdul Gani Abdullah
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.v3i1.8946

Abstract

Violation off the code off ethics committed by judges is an act that worsens the image of the judiciary in Indonesia, violations that have the potential to be criminal or just sanctions.  More researchs is needed to understand the accountability of judges who violate potentially criminal code of ethics.  The type used in this study is normative legal research.  Normative legal research is research to examine the application of positive law.  Based on existing research, it is found that there are two forms of accountability of judges, the first is criminal responsibility carried out through general courts and the second is professional accountability handled by each of the existing institutions.  Judges are proposed to be dismissed and have the opportunity to defend themselves before the Honorary Board of Judges.  Based on the results of the honorary council session will determine what sanctions are most suitable with the judge who has violated it.  In this form of accountability, hopefully it will provide a deterrent effect and improve the image of the judiciary in Indonesia.
PEMBATALAN GUGATAN ULTRA PETITA OLEH PENGADILAN TINGGI BALIKPAPAN DALAM PERKARA PERCERAIAN ANTARA RAFEGE ZEBUA DENGAN CYNTHIA VERONICA OEIYONO DI P.N. BALIKPAPAN (Studi Kasus Putusan Pengadilan Tinggi Kalimantan Timur Nomor 125/Pdt/2019/PTSMR) Devi Haryanto; 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.v4i1.10988

Abstract

Decisions of judges in the civil sector apply the principle of iudex non ultra petita or ultra petita non cognoscitur or the judge only determines what is submitted and proven by the applicants or plaintiffs. The problem in this research is how the cancellation of the ultra petita lawsuit by the Balikpapan High Court in the divorce case between Rafege Zebua and Cynthia Veronica Oeiyono at the Balikpapan District Court? The results showed that the cancellation of the ultra petita lawsuit by the Balikpapan High Court in the divorce case between Rafege Zebua and Cynthia Veronica Oeiyono at the Balikpapan District Court was not in accordance with the facts of the trial. This is because Cynthia Veronica Oeiyono as the Plaintiff requested ex aequo et bono, so the Balikpapan District Court Judge's decision was not included in the ultra petita category, because the judge only completed what was demanded in his primary petitum. Balikpapan District Court judges also only carry out the mandate stipulated in Article 40 of Law Number 23 of 2006 conceming Population Administration, namely efforts to create legal certainty for divorce between the Plaintiff and Defendant through reporting by the concemed to record court decisions regarding divorce to the Population Office and Palembang City Civil Registry and Balikpapan City Population and Civil Registry Office to issue a Divorce Certificate
TANGGUNG JAWAB BADAN USAHA PERDAGANGAN MELALUI SISTEM ELEKTRONIK DALAM HAL TERJADINYA WANPRESTASI (STUDI KASUS: LAZADA VS ACHMAD SUPARDI) Nicolas Nicolas; Atalim Atalim
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17139

Abstract

Recently, the internet is a very important medium in everyday life and provides many benefits, one of which is the emergence of e-commerce. E-commerce itself uses the internet as a medium to provide information about certain goods being sold, such as descriptions of goods, pictures of goods sold, until the price is set by the seller. Although there are many advantages or benefits that people get from buying and selling online or e-commerce, it is not impossible for problems to arise. That arise is a problem in the agreement in the form of default. This default occurred when Achmad Supardi bought 4 motorbikes that were quite cheap, the money had been transferred by Achmad Supardi, but the transaction was canceled by Lazada and the money paid was only replaced in the form of vouchers. After the compensation was given by Lazada, there was a problem, namely the form of compensation provided by Lazada did not match the form that was first transferred by Achmad Supardi. To answer this problem, the writer uses normative research, descriptive research, and secondary data. So the result of this research is the lack of responsibility from Lazada to Achmad Supardi in compensation. Therefore, there is a need for guidelines for transactions in e-commerce.
ANALISA KEBIJAKAN KOMISI PEMBERANTASAN KORUPSI TERKAIT TES WAWASAN KEBANGSAAN DALAM RANGKA PERALIHAN STATUS KEPEGAWAIAN KPK MENJADI APARATUR SIPIL NEGARA Michael Marlee
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17144

Abstract

“Tes Wawasan Kebangsaan” or often referred to as TWK has attracted a lot of polemics in the community as an effort to weaken the KPK which resulted in as many as 57 KPK employees being dismissed. This problem stems from year 2021 KPK regulations Number 1354 which determine that as a condition for transitioning KPK employee status to that of civil servant (ASN), they must get a passing degree for TWK. TWK is accused as a way to weaken the performance of KPK, does not have a clear legal basis and contradicts UUD NRI 1945. This study aims to examine the legal basis of TWK for the sake of legal certainty for the Indonesian people and see how TWK influences the performance of KPK. The research was conducted using normative research with legal materials related to laws and regulations, journals and website info as non-legal materials. Research shows that TWK has a clear legal basis because it is in accordance with existing laws and regulations. However, the dismissal of 57 KPK employees is an inappropriate KPK policy because it will create job vacancies and thus affect the performance of the KPK. For the sake of KPK in eradicating corruption, KPK should try to develop those 57 KPK employees who have competence and experience, instead of simply dismissing them.
KEBIJAKAN PEMERINTAH TERHADAP PPKM DALAM MASA PANDEMIC COVID-19 DI LUAR PULAU JAWA DAN BALI BERDASARKAN INSTRUKSI MENTERI DALAM NEGERI NO 31 TAHUN 2021 Kunto Fitricia Elfisa Irian
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17149

Abstract

This paper is based on the current situation where there are many pros and cons regarding the Implementation of Restrictions on Community Activities. PPKM is a policy carried out by the government due to a new wave in the COVID-19 pandemic in Indonesia or the increasing number of people who are positively affected by COVID-19 in Indonesia. PPKM itself does not only apply in Java-Bali but also applies in Kalimantan, Sumatra, Nusa Tenggara, Maluku and Papua, PPKM also continues to be extended over time followed by various levels ranging from 1-4 according to the slump that occurred in the community. In the Instruction of the Minister of Home Affairs No. 31 of 2021, it is stated that following up the directives of the President of the Republic of Indonesia to implement the Implementation of Level 4 (four) CoronaVirus Disease (COVID-19) Restrictions on Community Activities in Sumatra, Kalimantan, Sulawesi, Nusa Tenggara, and Papua with criteria for level 4 (four) pandemic situations based on an assessment by the Ministry of Health. This research method is carried out using the Normative Research method by reviewing the laws and regulations relating to PPKM policies in Indonesia specifically outside the islands of Java and Bali.