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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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ANALISA KEBIJAKAN KOMISI PEMBERANTASAN KORUPSI TERKAIT TES WAWASAN KEBANGSAAN DALAM RANGKA PERALIHAN STATUS KEPEGAWAIAN KPK MENJADI APARATUR SIPIL NEGARA Marlee, Michael
Jurnal Hukum Adigama Vol 4, No 2 (2021)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17145

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.
PELAJARAN PENTING DALAM MASA PEMERINTAHAN ORDE BARU Leonard Tasuno Laiya
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.v4i2.17150

Abstract

Dur ng the New Order era  he  (often  abbrev ated  as  New  Order)  was  the  term  for  the  re gn  of  Pres dent  Soeharto   n   ndones a.  The  New  Order  was  founded  by  the  Old  Order,  wh ch  refers  to  the  era  of  Soekarno's  government.  As  we  know,  th s  new  order  era  occurred  after  the  destruct on  of  the  old  order  and  before  the  format on  of  the  reform  order  unt l  now  The  b rth  of  the  New  Order  began  w th  the   ssuance  of  an  Order  on  March  11,  1966.  The  New  Order  lasted  from  1966  to  1998.  At  that  t me  he  appo nted  Sukarno  as  the  f rst  Pres dent  of  the  Republ c  of   ndones a.  The  transfer  of  off ce  occurred   n  1966,  w th  the  replacement  of  the  old  order  wh ch  referred  to  the  era  of  Pres dent  Soekarno's  adm n strat on.  Wh ch  has  stepped  down  s nce  the  G30S  PK    nc dent  emerged.   n  th s  art cle,  we  w ll  d scuss  the  h story  of  the  old  order  from  the  beg nn ng  of   ts  format on  to  the  format on  of  the  next  per od,  namely  the  new  order.   n  th s  art cle  we  w ll  also  d scuss  the  h story  of  the  new  order  and  other   mportant  events,  and  w ll  also  d scuss  the  h story  of  the  reformat on  era,  namely  the  per od  when  the  new  order  was  destroyed  and  replaced  by  a  new  per od,  namely  the  reform  era  that  has  been   n  effect  unt l  now
PERKEMBANGAN SISTEM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA BERDASARKAN HUKUM TATA NEGARA Stanley Kurniawan
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.v4i2.17157

Abstract

Law is a system of regulations in which norms and sanctions are made with the aim of controlling human behavior to protect discipline, justice, and avoid the formation of chaos. Each country has certain legal rules that are different from other countries, including Indonesia. That means "every citizen is obliged to obey the laws and regulations that apply in Indonesia". With the law, the crime rate can be minimized, and also the power holder cannot act arbitrarily because it has been limited by law. In addition, the law helps to protect the rights and obligations of every citizen. Therefore, the state must have a proper legal system. The law also has several purposes, with the law, the prosperity of society will be guaranteed. All laws that apply in any country must have their own elements. That way, the applicable law can be recognized by the citizens of that country. Constitutional law is also a branch of law that regulates legal norms and principles written in state practice. Constitutional law regulates matters relating to the state, such as the forms and structures of the state, state duties, state equipment, and relations with state equipment.
KEABSAHAN PERJANJIAN KAWIN YANG TIDAK DICATATKAN DI KANTOR PENCATATAN SIPIL DAN AKIBAT HUKUMNYA TERHADAP PIHAK KETIGA (STUDI KASUS: PUTUSAN PENGADILAN TINGGI JAWA BARAT NOMOR: 449/PDT/2016/PT.BDG)” Nicholas Alexandros; 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.v4i2.13570

Abstract

In marriage law, it regulates the issue of marriage agreements which aim to anticipate if in the future a divorce occurs, sometimes there is a struggle for property as well as the costs needed for children's educational needs or with third parties. “Through the Constitutional Court Decision No.69 / PUU-XIII / 2015, which basically confirms that marriage agreements must be registered to fulfill the element of publicity. But in fact in the case of the West Java High Court Decision Number: 449 / Pdt / 2016 / PT.BDG the marriage agreement was not registered with the Civil Registry Office. So that the problem arises: How is the validity of a marriage agreement that is not registered at the civil registration office? What is the legal effect on third parties by not recording the marriage agreement at the civil registration office? The results of this study indicate that there are still potential married couples who do not know that the marriage agreement they made before a notary must be registered at the civil registration office so that the marriage agreement binds a third party. Therefore, a marriage agreement that has been made by the prospective husband and wife must be registered at the civil registration office so that it binds a third party because if it is not recorded, the marriage agreement only binds the parties who made it.”
PERLINDUNGAN HUKUM TERHADAP PEKERJA YANG MEMPEROLEH PEMUTUSAN HUBUNGAN KERJA DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA Cagla Yasemin Goren; Ahmad Redi
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.v4i2.13576

Abstract

In Indonesia, the regulation on Employment is prescribed in Law Number 11 of 2003 concerning Employment. In 2020, the government enforced Law Number 11 of 2020 on Job Creation (Cipta Kerja). Since the law involves various sectors, the Job Creation Law is often dubbed as "One-Size-Fits-All" Law or Omnibus Law. With the stipulation of the Job Creation Law, there have been some changes to the Employment legislation. Job Creation law eliminates and changes part of the articles in Law No. 13 of 2003 on Employment. In this research, the author will discuss the role of Job Creation law in providing legal protection to the laborers/workers subject to the termination of work by the employers and study the new regulation in Job Creation Law on "Loss of Job Security." Loss of Job Security is a program run by the government through BPJS Ketenagakerjaan. The program aims to protect the terminated laborers/workers. The protection against the laborers/workers is vital because improving the laborers/workers welfare will ensure the preservation of harmony within the country.
PEMIDANAAN TERHADAP DELIK PEMBAYARAN UPAH DI BAWAH UPAH MINIMUM DALAM RANGKA MENCAPAI TUJUAN PEMIDANAAN DI INDONESIA Jeremy Nicholas; Ade Adhari
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.v4i2.17006

Abstract

This research is a normative legal research by collecting data on criminal decisions on the issue of paying wages below the minimum limit for workers in Indonesia. This study uses a legal approach and a case approach that is related to the problems in this study, which are criminal cases regarding the offense of paying wages below the minimum wage which are less effective in comparison with civil cases or Industrial Relation Disputes which are aimed at achieving the objectives of punishment in Indonesia. . The purpose of punishment is as a deterrent effect, coaching and educating the perpetrators so that they do not repeat their actions again and become better individuals in carrying out their lives so as to create security and protection for the people in Indonesia. This offense has been regulated that the act is a criminal offense whose criminal sanctions have been regulated in the Manpower Act which was updated in the Job Creation Law by applying special minimum criminal sanctions, but due to the lack of understanding of the legal apparatus in the field of labor crime and even the labor criminal desk which had been formed at Polda Metro Jaya did not work as expected because its function was only to consult law and direct the case to the Industrial Relation Disputes.
PEMBATALAN AKTA HIBAH OLEH SALAH SATU PEMBERI HIBAH MENURUT KOMPILASI HUKUM ISLAM (STUDI KASUS PUTUSAN PENGADILAN AGAMA CURUP NOMOR 282/PDT.G/2019/PA.CRP) Dwiyana Novianturi; Imelda Martinel
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.v4i2.13590

Abstract

The existence of an opportunity to withdraw grants from parents to children makes the function of grants unclear, resulting in no legal certainty. The problem in this research is how is the legal certainty of the cancellation of the grant deed by one of the grantors according to the Islamic Law Compilation in the case of the Curup Religious Court Decision Number 282 / Pdt.G / 2019 / PA.Crp? The research method used is juridical normative using primary data and secondary data, and the results of research using qualitative data analysis methods. The results of the study show that the cancellation of the grant deed by one of the grantors according to the Compilation of Islamic Law in the case of the Curup Religious Court Decision Number 282 / Pdt.G / 2019 / PA.Crp is in accordance with Article 212 KHI. This is because the grant deed does not meet the legal requirements of the agreement according to Islamic law, which is not fulfilling the elements of mahallul 'aqd and the elements of mau'qud'alaih. However, court judges should be able to provide a sense of justice, both for parents as grants, and for children as grant recipients, namely the Chairperson of the Curup Religious Court's Panel of Judges can revise the grant made by Helmi Alexsander with Rika Afrianti that Yoan Alfathan Samudra is 1/3 of the total grant, so that the rest of the grant, is returned to Helmi Alexsander with Rika Afrianti.
ANALISIS PERTANGGUNGJAWABAN TINDAK PIDANA KORUPSI AKIBAT KERUGIAN BUMN BERDASARKAN DOKTRIN BUSINESS JUDGEMENT RULE (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 34/PID.SUS-TPK/2019/PT.DKI) Felina Desiana; 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.v4i2.17007

Abstract

State-Owned Enterprises (SOEs) in the form of Limited Liability Companies and run by a board of directors and their ranks do not cover the possibility of losses in running the company. If the board of directors takes a decision that harms the company, it will be considered to fulfill the elements of Article 2 paragraph (1) of the Law on the Eradication of Corruption. Business Judgement Rule is one of the doctrines that exist in business law to protect directors and their ranks in legal liability for business decisions they take. The Business Judgement Rule arises as a result of the implementation of fiduciary duties by a board of directors. The Board of Directors is required to take full responsibility for the management of the company, in the interests of the company. In carrying out its duties the board of directors is often faced with business decisions that are not in accordance with the agreed business strategy. As in the Supreme Court's Decision 34/PID. SUS-TPK/2019/PT. DKI, a state-owned company board of directors of PT Pertamina is said to be found guilty of corruption offences due to the harm to the state's finances amounting to Rp. 568,066,000,000 as a result of the acquisition or investment in BMG Australia. Thus, the doctrine of Business Judgement Rule should be applied as long as the board of directors can prove the business decisions taken in good faith, and prudence and not enrich themselves.
ANALISIS TERHADAP PERLINDUNGAN HUKUM PENGGUNA JASA TRANSPORTASI ONLINE ATAS PERBUATAN TIDAK MENYENANGKAN OLEH PENGEMUDI OJEK ONLINE MELALUI MEDIA SOSIAL MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Belinda Selfira; Jeane Neltje
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.v4i2.13596

Abstract

Information and communication technology has changed the behavior and lifestyle of people globally. The development of information and communication technology has caused the world to become borderless, where one person can access and send information to others quickly over long distances. Based on the contents in this thesis, there are problems. First, how is the responsibility of Go-Jek business actors in terms of unpleasant acts committed by motorbike taxi drivers or motorbike taxi drivers to consumers who use Go-Jek services, secondly, what are the obstacles to Go-Jek business actors in terms of unpleasant acts committed by drivers? or drivers to consumers who use Go-Jek services, then the purpose of the research in this thesis is the first to find out GoJek's responsibilities in terms of unpleasant acts committed by Go-Jek drivers to consumers who use Go-Jek services, the second is to find out Go-Jek's obstacles in terms of inappropriate actions. fun that is done by gojek drivers to consumers who use gojek services. Based on the research data as follows: many occur and often encountered are vehicles registered in online applications are different from vehicles used by drivers or online transportation drivers, and the conclusions in the research data are as follows: Related to sanctions that have been agreed upon that sanctions are case by case, from the Gojek side, it is necessary to know the details of the incident thoroughly from both parties so that appropriate sanctions can be given or not.
TINJAUAN YURIDIS TERHADAP PENANAMAN MODAL ASING YANG DILAKUKAN DENGAN MENGGUNAKAN METODE PEMEGANG SAHAM NOMINEE SEBAGAI PEMENUHAN SYARAT PENANAMAN MODAL ASING DIBIDANG USAHA YANG TERBUKA BERSYARAT Daniel Daniel; 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.v4i2.17022

Abstract

The nominee agreement is an agreement that was born based on article 1319 of the Civil Code as this provision states that there are two types of agreements, namely: named agreements and unnamed agreements wherein this anonymous agreement is still recognized as long as it respects the provisions in force in the law. Civil law,as stipulated in the 1320 Civil Code, and recognized under Article 1338 of the Civil Code as an agreement that binds the parties so that the parties are obliged to heed this agreement in good faith. Investments carried out using the nominee method are not expressly and clearly prohibited because there are two recognized types of ownership, namely: Legal Owner or legal owner and beneficial owner as a settlor or arguably as Principal investor where the capital invested in a company comes from the settlor. as beneficiary owner. legally the name of the nominee is recorded in the articles of association of a company as the real owner before the law while the principal investor is the controller of the nominee. So it is difficult to deny that this method is one way for principal investors to circumvent the provisions and restrictions given by the government for them to control a certain number of shares. So that in its existence this type of agreement still exists and is still developing in the legal ecosystem in Indonesia.

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