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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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PERLINDUNGAN HUKUM KONSUMEN ATAS PEREDARAN KOSMETIKA ILEGAL (STUDI TERHADAP PUTUSAN NOMOR 873/PID.SUS/2019/PN BPP) Frizka Ariana Putri; A. M. Tri Anggraini
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.v4i2.17088

Abstract

In Law No.8 of 1999 concerning Consumer Protection Article 4 paragraph (3) states that consumers have the right to obtain correct, clear, and honest information regarding the conditions and guarantees of goods and / or services,This study aims to determine the form of supervision and legal protection for consumers against products according to the UUPK against illegal cosmetics that do not have a distribution permit circulating online and the efforts of the Food and Drug Supervisory Agency in supervising the circulation of illegal cosmetics in circulation. product. As in the Regulation of the Head of the Drug and Food Supervisory Agency Number 19 of 2015 concerning Technical Requirements for Cosmetics articles 5,6, and 7 which contain clear and correct label markings or information on a product in the package. This research is normative legal research. The research data was obtained by interviewing dermatologists & beauticians, YLKI, BPOM and literature study. The type of research used by the writer is normative. To support this research, the author uses the type of literature study research, which examines several documents related to research. The method used is a normative research method using a statutory approach (statue approach) and a case approach (case approach). Analysis in accordance with the provisions of Law Number 8 of 1999 concerning Consumer Protection and BPOM Regulation Number 30 of 2017 concerning Supervision of Importation of Drugs and Food into Indonesian Territory.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG DIRUGIKAN AKIBAT PENIPUAN OLEH PT GRAB TOKO INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (KASUS: DESTY NURCAHYANI DENGAN PT GRAB TOKO INDONESIA DI TAHUN 2020) Tamar Lidya Anggaristi P.P; Mariske Myeke Tampi
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.v4i2.13636

Abstract

The world is currently undergoing changes, where currently all use online-based information technology. Starting from learning activities, working, playing to shopping. In modern times like today, most people have switched from shopping in conventional markets to shopping online through ecommerce or marketplaces. In the midst of sophisticated technological conditions, it is possible to fulfill all needs through e-commerce, because almost all primary or secondary human needs are available in it. The advantage of transacting online is that it is easier, faster and more practical. But besides the advantages, shopping online certainly has a weakness, namely, we cannot see the goods directly before buying, the goods that have been ordered reach the consumer in a damaged condition due to online shipping expeditions, and fraud is often committed by business actors against consumers or buyers . So if there is a dispute between business actors and consumers, legal protection efforts are needed for consumers who are harmed or experience fraud with the aim of fulfilling their rights as consumers and business actors are required to carry out their obligations in accordance with applicable laws and regulations.
IMPLIKASI KASUS SENGKETA MEREK WD-40 DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (CONTOH KASUS NOMOR 39/PDT.SUS.MEREK /2018/PN.NIAGA.JKT.PST Muhammad Alkindi Soramoes; Christine S.T. Kansil
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.v4i2.13643

Abstract

The case of a trademark dispute between WD-40 and Get-All-40 proves that there is still a gap in trademark infringement by irresponsible parties, or parties who hitch a ride on well-known brands in bad faith. The problem faced is what is the implication of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases. The research method used is normative juridical legal research. The results of the study show that the implications of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases, where this trademark dispute was resolved / broken by the judge with the victory of the Plaintiff WD- 40 Company and WD-40 Manufacturing Company which in this case the judge canceled the registration of the Defendant's "GET ALL-40 and Painting" Mark: (1) "GET ALL-40 and Painting" Mark with No. Registration IDM000616481 in Class 2; and (2) “GET ALL-40 and Painting” Mark with No. Registration IDM000616482 in Class 2; from the General Register of Marks. Procedures for lawsuits at the commercial court for infringement of marks need to be implemented in accordance with the time limit stipulated in Law Number 20 of 2016 concerning Marks and those who do not accept the decision of the commercial court can file an appeal to the Supreme Court, because the commercial court does not regulate legal remedies. appeal.
KEDUDUKAN ANAK ANGKAT SEBAGAI AHLI WARIS BERDASARKAN KOMPILASI HUKUM ISLAM (STUDI KASUS PUTUSAN NOMOR 2142/PDT.G/2017/PA.PLG) Maharesi Trifo Putra; 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.v4i2.17105

Abstract

Based on Article 171 letter h of the compilation of Islamic law, it is stated that an adopted child is a child who in terms of maintenance for their daily life, education costs and etc, their responsibilities shift from their original parents to their adoptive parents based on a court decision. In fact, Islam supports the existence of child protection services, one of them is by adopting children. The Compilation of Islamic Law emphasizes that adopted children or adoptive parents have no inherited relationship, but as an acknowledgment of the institution of adoption, the relationship between the adopted child and their adoptive parents is conveyed through the intermediary of a will or testament obligatory. The compilation of Islamic law which is now a reference by the religious courts that adopted children are entitled to a mandatory will on the condition that it cannot be more than 1/3 (one third) of the inheritance of the adoptive parents. The consideration of the judge who gave more than 1/3 of the assets based on the case Number 2142/Pdt.G/2017/PA.PLG is probably because since the baby the child was raised by their adoptive parents and they intended to split 2 land certificates and intends to give one of them to their adopted child during their life, but until they died it was not carried out and inheritance distribution does not reduce the share of the other heirs and there is even a remaining inheritance.
PERLINDUNGAN TERHADAP MASYARAKAT DALAM KAITANNYA DENGAN PENYIARAN YANG DILAKUKAN OLEH LEMBAGA PENYIARAN BERBASIS INTERNET Cyntia Estevania; Tundjung Herning Sitabuana
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.v4i2.13648

Abstract

Broadcasting in Indonesia is not only carried out by conventional broadcasters in the form of television and radio, but also by Youtube and Netflix, which are internet-based broadcasting institutions. The refusal of the RCTI application by the Constitutional Court through Decision Number 39/PUU-XVIII/2020, and the non-binding of internet-based broadcasting institutions to the provisions contained in the Broadcasting Law have bad consequences for Indonesia's young generation. The purpose of this study is to determine the regulation of broadcasting in Indonesia, and the protection of the public in relation to broadcasting by internet-based broadcasting institutions. The research method used is descriptive normative law and a law approach. Based on the results of the analysis, broadcasting in Indonesia must be based on Pancasila and the 1945 Constitution of the Republic of Indonesia with the principles, objectives, functions, and directions of broadcasting regulated in the Broadcasting Law. From this research, there is no protection for the viewers of internet-based broadcasting institutions. It is recommended that the government make changes to Law Number 32 of 2002 concerning Broadcasting so that there are regulations on broadcasting carried out by internet-based broadcasting institutions, and the public who view broadcasts of internet-based broadcasting institutions receive legal protection.
ANALISIS UPAYA PENYELUNDUPAN HUKUM DALAM UPAYA MENGHINDARI SYARAT JANGKA WAKTU 90 HARI DALAM MENGAJUKAN GUGATAN KE PERADILAN TATA USAHA NEGARA (STUDI PUTUSAN NOMOR 51/G/2020/PTUN.PLG) Adimas Gusti Darmansya; Rasji Rasji
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.v4i2.17111

Abstract

The objective of the Unitary State of the Republic of Indonesia as stated in paragraph four of the Preamble to the 1945 Constitution is to promote public welfare and participate in implementing world order based on independence. With the aim of general welfare, should there be something that harms one of the parties, the aggrieved party can file a lawsuit to the competent court, so that no more party is harmed and a sense of justice can be felt by all parties, thus the purpose of the general welfare can be achieved and run well.
LEGALITAS ULTRA PETITA DALAM HUKUM ACARA PIDANA PADA PUTUSAN PENGADILAN” Luis Luis
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.v4i2.17125

Abstract

Based on Law no. 8 of 1981 concerning the Criminal Procedure Code Article 182 paragraph (4) states that: "The judge's meeting must be based on the indictment and everything that is proven in the examination at the trial." So in this case the judge must decide according to the indictment made by the public prosecutor. But in the case of the Situbondo District Court Decision No. 55/Pid.Sus/2019/PN. The situation did not run according to this, in this case the judge has taken over the role of the public prosecutor because this has been regulated in Article 137 of the Criminal Procedure Code that the public prosecutor has the authority to carry out prosecutions. in this case the judge decides the case outside of what was indicted by the public prosecutor in which case the judge has violated Article 182 paragraph (4) of the Criminal Procedure Code, causing legal problems that need to be investigated further, namely in terms of how the legality of ultra petita in criminal law is Court decision that occurred in Situbondo in decision No. 55/Pid.Sus/2019/PN. Sit. Where the results of the study indicate that the Ultra Petita Decision is because the judge decided outside of what was indicted by the public prosecutor, the judge had deviated from the principles in the Criminal Procedure Code and was contrary to the provisions of Article 137, Article 182 paragraph (4), Article 191 paragraph (1), and Article 193 paragraph (1) of the Criminal Procedure Code.
PERTANGGUNGJAWABAN PIDANA DALAM PEMALSUAN SURAT TERHADAP PERJANJIAN KREDIT (STUDI KASUS PUTUSAN NOMOR: 952/PID.B/2019/PN.JKT.BRT) Deasy Diantirta Ayu; 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.v4i2.16982

Abstract

Bank is a business entity that collects funds from the public in the form of savings and distributes them to the public in the form of credit or other forms in order to improve the standard of living of the people. Therefore, it is very necessary to know the legal consequences of the credit agreement with the presence of a forged letter and criminal liability for the decision of the district court number: 952/Pid.B/2019/PN.JktBrt. Furthermore, the research method used by the author is normative research. According to the results of the author's analysis of the legal consequences of the credit agreement with the existence of a forged civil letter, the agreement can be said to be null and void because in making a credit agreement you must use an authentic deed, identity and other original documents, not fake ones. In the verdict number 952/Pid.B/2019/PN.JktBrt the charges used by the judge are alternative charges, namely: the first indictment of the defendant is subject to Article 263 Paragraph (2) of the Criminal Code in conjunction with Article 55 Paragraph (1) of the 1st Criminal Code and the second indictment the defendant is subject to Article 378 of the Criminal Code jo. Article 55 Paragraph (1) 1st of the Criminal Code.
DAMPAK PELAKSANAAN PILKADA DI KABUPATEN NIAS SELATAN DI MASA PANDEMI COVID-19: TINJAUAN YURIDIS UNDANGUNDANG NOMOR 2 TAHUN 2020 TENTANG KEBIJAKAN KEUANGAN NEGARA DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI COVID-19 Titah Ndruru; Vera Wheni Setijawati Soemarwi
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.v4i2.17131

Abstract

Simultaneous Pilkada in the midst of a pandemic raises legal problems in relation to aspects of health and democracy. The problem is the extent to which the Government considers the choice between protecting public health in the South Nias Regency area with the replacement of the Pilkada in the South Nias Regency area and how the impact of the Pilkada in South Nias Regency during the Covid-19 pandemic will be. The research method used is a normative juridical research method. The results of the study indicate that in the implementation of the 2020 Pilkada in the midst of the Covid-19 pandemic in South Nias Regency, the Government always considers aspects of health protection for the community by always adhering to health protocols. Pilkada should not ignore public health and security, which are far more important than democratic parties in the context of changing regional head elections. The impact of the Pilkada in South Nias Regency during the Covid-19 pandemic includes the mandate of regulations that are in effect still being implemented, the constitutional rights of Pilkada participants and the community are still fulfilled, reducing the practice of local government leadership which is led by too many temporary officials, preventing budget swelling, while The negative is the risk of COVID-19 transmission is higher, the potential for fraudulent practices is increasingly vulnerable, the refusal of the Regional Head Election has the potential to increase the number of abstentions.
ANALISIS TERHADAP PEMBERHENTIAN APARATUR SIPIL NEGARA SECARA TIDAK HORMAT AKIBAT DIKELUARKANNYA SURAT KEPUTUSAN BERSAMA (SKB) 3 MENTERI (STUDI KASUS PUTUSAN NO. 9/6/2019/PTUN-TPI) Twini Nurul Ariestiani; 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.v4i2.17136

Abstract

Government employees play a vital part in their obligations and specialists, for the accomplishment of carrying out government and advancement undertakings to accomplish public objectives. This goal has been directed in the Overall arrangements of Article 10 of Law no. 5 of 2014 concerning Civil Servant, In this investigation utilizing regularizing juridical by observational examination. This exploration utilizes a legal methodology, an idea approach and a case approach. The aftereffects of this investigation demonstrate that lawful choices that are restricting on the Joint Pronouncement (SKB) of the Pastor of Home Undertakings, MENPAN and RB, and the Head of BKN Number 182/6597/SJ, Guideline Number 15 of 2018 or 153/KEP/2018, to the Common Help Administrative Official doesn't have restricting lawful power by and large, it's simply that this Joint Announcement stays restricting for the Staff Directing Official and the Authority approved to uphold the law for this situation disgraceful excusal. Legitimate insurance to Civil Servant assembly for despicable release in Court Choice Number 9/G/2019/PTUN-TPI has not been completely acquired for ASN for this situation. From the above case, which started with a criminal demonstration of defilement by the convict/culprit, to Civil Servant Rivana, ST, he has been authorized through losing his employment and his compensation as a Government worker. The litigant/culprit, to be specific that Rivana, ST, has been condemned to detainment for 1 (one) year and 4 (four) months as expressed by the Tanjungpinang Locale Court No. 412/PID.B/2008/PN.TPI which has extremely durable lawful power on February 18, 2009

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