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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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PENOLAKAN GARUDA INDONESIA TERHADAP PENUMPANG YANG DISEBABKAN KARENA PENEMPATAN HAND BAG DI LANTAI PESAWAT (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 2733 K/PDT/2018) Ricardo Calvin Enoni Nazara; Sugandi Ishak
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.v4i2.13641

Abstract

In aviation activities, sometimes disputes occur due to misunderstandings between passengers and cabin crew, and even lead to lawsuits in court. The problem faced is how the attitude of airplane passengers should be according to Law Number 1 of 2009 concerning Aviation and what actions can be taken by the Garuda Indonesia airline against passengers who violate the provisions of air transportation. The results show that the attitude of airplane passengers according to Law Number 1 of 2009 concerning Aviation (Case Study of Supreme Court Decision Number 2733 K/Pdt/2018) refers to Article 54 of Law Number 1 of 2009 concerning Aviation. Passengers are prohibited from violating the rules that have been implemented by the flight service provider, and disrupting the flight, and the captain of the aircraft has the authority to take action such as lowering the passenger. Actions that can be taken by Garuda Indonesia against passengers who violate the provisions of air carriage are that Garuda Indonesia must notify that the rules are so. Garuda Indonesia's obligation is to announce the conditions of carriage, and others. The terms of carriage are in the announcement. The conditions of carriage at Garuda Indonesia are regulated in Article 1 to Article 18 regarding the conditions of carriage regarding passengers and baggage. To prevent disturbance of order and comfort while using air flight services, of course, awareness of all stakeholders is needed in complying with all applicable legal regulations.
ANALISIS PEMIDANAAN PADA PUTUSAN PENGADILAN NEGERI DEPOK NOMOR 392/PID.B/2018/PN DITINJAU DARI PERLINDUNGAN KORBAN YANG MENYANDANG DISABILITAS Heski Manura Felinda; Rugun Romaida Hutabarat
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.v4i2.17102

Abstract

People that have disabilities should have the same position,rights and also obligations as a normal people in general. Based on Law Nmber 39 of 19.99 about Human Rigmhts. Law Number 8 of Year 2.016 about Peoplewith Disabilities is a form of legal protection, and the fulfillment of rights that should be given to people with disabilities. But in fact, many people that have disabilities still have not received legal protection fully. Even when people with disabilities become victims of crimes, they experience difficulties in court proceedings due to their condition, which can be said when dealing with the law, people with disabilities are discriminated against, law enforcers and legal arrangements still assume that they are some groups of people who are not normal are neither capable nor legally competent in the judicial process. This research form is a normative legal research which is supported by a law approach and a case approach. The research aims to realize legal protection, as well as the fulfillment of the rights of persons with disabilities in court processes. Based on the results of this study, the fulfillent of the rights of people with disabilities as victims and witnesses has not yet been implemented properly in the form of fulfilling the rights of peoples with disabilitie in the face of judicial process, which should receive special treatment and legal equality, based on existing laws and regulations regarding disability people.
KEADILAN HUKUM DALAM MEMPERTIMBANGKAN POST TRAUMATIC SYNDROME DISORDER PADA PENJATUHAN PIDANA DALAM PENGADILAN TINGGI NOMOR 9/Pid.Sus-Anak//2020/PT DKI Syarah Alfiatin
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.v4i2.17110

Abstract

As the law state, Indonesia has the purpose of protecting the entire Indonesian nation and all Indonesian bloodshed. It is clearly stated in the constitution of the republic of Indonesia that those who face legal issues, especially children, must get their fundamental rights while serving a sentence. In imposing criminal sanctions on children also, the judge must pay attention to children’s needs and rights. Besides, parents and state social workers must have a role ensuring the protection of the children. It becomes more crucial when the children have a mental disorder and must get continuous treatment as stipulated by law. In the children’s perspective, beyond the fact that whether the children act as perpetrators or victims, the children are still the victim. They can be the victim of parental neglect, misleading parenting, and even the lack of parental supervision. All these situations lead the children to commit law – violating acts. Children with Post Traumatic Syndrome Disorder must get a sense of security either from both parents or the state. The children must get social rehabilitation as special treatment until they recover from their mental disorder.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PEMBUATAN AKTA JUAL BELI YANG DIBUAT TANPA SEPENGETAHUAN DAN PERSETUJUAN PEMILIK OBJEK DALAM PUTUSAN NOMOR 347/PDT.G/2017/ PN.JKT.TIM Kevin Hernando Pratama; Gunawan Djajaputra
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.v4i2.13647

Abstract

In making a land deed, PPAT is required to have skills, accuracy, and ability in the field of land law and must be based on the knowledge or approval of the owner of the land object. The problem faced is how is the responsibility of the Land Deed Making Officer (PPAT) in making the sale and purchase deed made without the knowledge and approval of the object owner related to Decision Number 347/Pdt.G/2017/PN.Jkt.Tim. The research method used is normative juridical law research. The results showed that the PPAT that made AJB without the knowledge and approval of the object owner related to the East Jakarta District Court Decision Number 347/Pdt.G/2017/PN.Jkt.Tim is an act against the law and violates the provisions of Article 1365 of the Civil Code, because it is against the law. The principles of propriety, thoroughness and prudence as well as contrary to the legal obligations of the perpetrator so that it causes harm to the Plaintiff. Criminally, PPAT can be charged with Article 263 paragraph (2) of the Criminal Code. Administratively, PPAT can be dishonorably dismissed. In order to avoid misuse of identity and forgery of signatures in the making of PPAT deeds, PPATs are required to attach letters and documents as well as the fingerprints of those who appear on the Minutes of Deed as one of the obligations that must be carried out by Notaries.
KEPASTIAN HUKUM TERHADAP HAK-HAK MANTAN ISTERI PASCA PERCERAIAN (STUDI KASUS PUTUSAN PENGADILAN AGAMA JAKARTA UTARA NOMOR: 299/PDT.G/2021/PA.JU) Aji Ulul Azmi; Hanafi Tanawijaya
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.v4i2.17124

Abstract

The fulfillment of a wife's livelihood does not only apply in marriage, but also after divorce. The problem is that there are often many divorce cases where the rights of ex-wives (iddah and mut'ah) are not fulfilled even though the decision requires them to be paid. This is like what happened in the North Jakarta Religious Court Decision Case Number: 299/Pdt.G/2021/Pa.Ju, so the problem arises how is the legal certainty of the rights of an ex-wife after divorce to the rights of iddah and mut'ah money? and what are the legal remedies if the iddah and mut'ah payments are not carried out in accordance with the North Jakarta Court Decision Number: 299/PDT.G/2020/PA.JU?Based on the analytical study that the ruling in the divorce case in the North Jakarta Religious Court Decision Number 299/PDT.G/2021/PA.JU regarding the rights of the wife after the divorce to the rights of iddah and mut'ah money, has not provided legal certainty, especially in certainty of execution of the judge's decision. This is because the ruling that requires the ex-husband to pay the iddah and mut'ah money has not been received before the divorce pledge is made, causing legal uncertainty, especially for divorced wives. Legal remedies that can be taken by the ex-wife if the iddah and mut'ah payments are not carried out according to the court's decision the means that can be done is to apply for execution at the religious court.
TANGGUNG JAWAB GANTI KERUGIAN AKIBAT KELALAIAN MASKAPAI PENERBANGAN BERDASARKAN UNDANGUNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI TERHADAP PUTUSAN NO. 433/PDT.G/2019/PN.JKT.PST) Felix Pranoto; Ariawan ariawan
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.v4i2.13655

Abstract

Service standard is a benchmark used as a guideline for the implementation of domestic scheduled commercial air transportation services and a reference for assessing service quality which is the obligation of scheduled commercial air transportation business entities to prospective passengers and economy class passengers in the context of quality, fast, and easy services. In the case of David M.L. Tobing, the absence of multimedia facilities that should have become the standard of maximum service standards. What is the responsibility of airlines to passengers due to negligence in supervision that causes the rights of passengers/consumers to be not fulfilled based on Law number 8 of 1999 concerning Consumer Protection? The author uses normative legal research methods using interview data as supporting data. The results of the study reveal that there is a form of responsibility in accordance with what has been regulated in Article 1365 of the Civil Code, namely every act that violates the law, causes harm to others, obliges people because of their mistakes to compensate for the loss. Business actors are responsible for providing compensation for pollution, damage, and/or consumer losses as a result of using traded goods and/or services.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU USAHA YANG MENJUAL PRODUK PANGAN IMPOR TANPA IZIN EDAR MELALUI TOKO ONLINE (STUDI PUTUSAN NO 613/PID.SUS/2019/PN.PDG) Christopher Christopher; Rugun Romaida Hutabarat
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.v4i2.17129

Abstract

In this modern era, technological developments are increasingly advanced and growing rapidly, because of these technological advances, it supports transactions through online shops, causing some business actors who sell goods and services both domestically and abroad who do not have a license. certain of the goods it sells. And these goods have been circulated and traded freely, so that business actors can sell goods with high competitiveness both domestically and abroad. Even the existence of free trade can have a negative impact on those who have bought it. Therefore, there must be the application of criminal liability to business actors who have committed criminal acts by selling products in the form of goods or services that violate an applicable provision. Based on the results of the analytical research in Decision No. 613/Pid.Sus/2019/Pn.Pdg, the perpetrator can be imposed with criminal sanctions because he has fulfilled one of the elements, namely the ability to be responsible for all his actions. In criminal liability which is one of the other requirements is the element of ability to be responsible for a criminal act. So every criminal act in the Criminal Code can generally be described into two types, namely subjective and objective elements. Based on the judge's consideration in Decision No. 613/Pid.Sus/2019/Pn.Pdg, the defendant should be sentenced to a fine because the defendant's actions clearly harm the state in terms of non-tax state income or abbreviated.
Analisis Tentang Tindakan Penagihan Yang Melawan Hukum Terkait Pinjaman Online dari Fintech Ilegal (Studi Kasus Atas Putusan Nomor 438/Pid.Sus/2020/PN.Jkt.Utr) Alfin Rafael; Sugandi Ishak
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.v4i2.16987

Abstract

In Indonesia, there are 3,107 illegal fintech companies. The author focuses on illegal collection actions related to online loans from illegal fintech as stated in Decision Number 438/Pid.Sus/2020/PN.Jkt.Utara. When collecting an online loan from the victim, the defendant used harsh words towards the victim by sending a voice note via Whatsapp with words such as "bad dog", "devil's child", an insult to the victim. The problems that the author raises are How Peer To Peer Lending (P2P Lending) Debt Collection Actions in the Perspective of Criminal Law and How to find out whether the fintech is registered or not and what the sanctions are in terms of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law Number 11 of 2008 concerning Information and Electronic Transactions. The author in his analysis stated that the act of billing using harsh words carried out by the defendant violated Article 310 of the Criminal Code and the illegal company could be subject to criminal sanctions based on Article 32 of Law no. 3 of 1982 concerning Compulsory Company Registration. The author concludes that the act of billing using harsh words committed by the defendant violated Article 310 of the Criminal Code and must be accompanied by a complaint to the police and related to the illegal company can be subject to sanctions by Article 32 of Law no. 3 of 1982 concerning Compulsory Company Registration.
TANGGUNG JAWAB PERUSAHAAN PENERBANGAN WINGS AIR ATAS KERUSAKAN BAGASI PENUMPANG BERDASARKAN PERATURAN MENTERI PERHUBUNGAN NOMOR 77 TAHUN 2011 TENTANG TANGGUNG JAWAB PENGANGKUTAN UDARA (STUDI KASUS: PENGADILAN NEGERI MEDAN NOMOR 665/PDT.G/2018/PN MDN.) Josua Tarigan; Amad Sudiro
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.v4i2.17135

Abstract

When transporting by airplane, sometimes passengers are faced with unpleasant things related to lost/damaged baggage. The problems faced are how legal protection is for airline passengers in the event of baggage damage and what is the responsibility of the Wings Air airline for damage to passenger baggage based on Law Number 1 of 2009 concerning Aviation (Case Study: Medan District Court Number 665/Pdt.G /2018/PN Mdn.). The research method used in writing this thesis is normative juridical law research. The results of the study indicate that legal protection for passengers using flight services who experience damage/loss of goods, passengers can submit a claim to the airline as a provider of air transportation services, where passengers who experience losses have the right to choose legal remedies that will be used as dispute resolution. In Indonesia, the laws or regulations governing air transportation adhere to the principle of presumption of liability. The form of airline legal responsibility for loss/damage of checked baggage in air transportation is carried out by airlines by providing compensation as stipulated in Article 5 paragraph (1) of the Minister of Transportation Regulation No. lost/damaged in accordance with applicable regulations.
BATTERED WOMAN SYNDROME SEBAGAI PENYEBAB TERJADINYA SUATU TINDAK PIDANA OLEH WANITA DALAM LINGKUNGANNYA. Nurijlal Hafizh Syah
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.v4i2.17140

Abstract

Battered Woman Syndrome (BWS) is a symptom of a syndrome that causes changes in a woman's personality and behavior as a result of the events and acts of violence that she receives in life, so that it makes the individual potential to commit a criminal act that has not been done by the person in his life. As a result of the changes that occur in his personality and behavior, a new personality is created that leads her to perform some actions that go beyond the habits of a woman throughout her life, they can be murder, mutilating, burning alive someone and others. This incident is commonly experienced by women who have problems of violence in romantic or domestic relationships and do not get protection and attention in the midst of their living environment so that a review is needed that discusses the responsibility of the perpetrator in accountability for her criminal acts before the law.

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