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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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ANALISIS PENERAPAN PENGALIHAN HAK TAGIH PADA PT BAMBANG DJAJA DAN PT HAVANNA TEGUH PERTIWI DALAM PUTUSAN 08/PDT.SUSPKPU/2020/PN.NIAGA.JKT.PST Rehulina Dianingwati; 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.v4i2.17141

Abstract

The transfer of claim rights is regulated in the Civil Code. Article 613 paragraph (1) of the Civil Code contains regulations regarding things that must be done in committing violations. In this case, PKPU I Petitioners and PKPU II Petitioners feel that the PKPU Respondent has been harmed because the PKPU Respondent is not subject to debt until maturity. Bankruptcy and Suspension of Payment Obligation (PKPU) Respondents always have good intentions to pay their debts to PKPU I Petitioners and PKPU II Petitioners even though the time has passed. However, there is a cessie in the settlement of this PKPU so that the Legal Consultants of the PKPU I Petitioners and PKPU II Petitioners indirectly become third parties in this case where the status is questionable. By using a cessie in this case, it will indirectly lead to simplicity in this case and the PKPU Respondent's danger because the debtor can default.
OPTIMALISASI PERAN MAHKAMAH KONSTITUSI DALAM UPAYA MENERAPKAN CONSTITUTIONAL QUESTION DI INDONESIA GUNA MEMENUHI HAK ASASI BAGI WARGA NEGARA Caroline Tresnoputri; 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.v4i2.17146

Abstract

Every Indonesian citizen has the right to protection and legal certainty. One way that can be used is by submitting a constitutional question that can be done by a judge when examining a statutory regulation that is felt and believed to be inadequate and contrary to the Constitution of the Republic of Indonesia. In practice, the state has given and carried out constitutional questions, but legally, these rights do not accommodate them. In fact, one way that can be used to fulfill the constitutional rights of its citizens can be done with an institutional question. Therefore, this study will discuss the urgency of implementing constitutional questions in government. This research uses a normative juridical research method with a statutory approach. That the results of the research are that the constitutional rights of citizens are indispensable in order to provide and fulfill the rights of citizens in the judicial process. Thus, in this case, the Government is obliged to fulfill these rights by including constitutional questions in the laws and regulations.
UPAYA HUKUM DALAM MEMINIMALISIR ILLEGAL FISHING TERKAIT KAWASAN ZEE (ZONA EKONOMI EKSKLUSIF) INDONESIA Humaira Afdini; 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.v4i2.17151

Abstract

Indonesia is a maritime country and has many marine resources in it. The wealth of marine resources owned by Indonesian waters is also related to the ZEEI area, which invites rampant cases of illegal fishing. There are many impacts of this rampant illegal fishing. Illegal fishing has an impact on the fisheries sector and the Indonesian economy. as well as the destruction of marine resource ecosystems and other marine biota. The scarcity of marine life in the ZEEI area is the origin of the abundant number of cases in the ZEEI area. Therefore, strong legal efforts are needed to overcome illegal fishing and government efforts to prevent illegal fishing. legal efforts taken by the government are to ratify laws regarding regulations in the EEZ area. Moreover, such as making regulations for the minister of marine and fisheries and in preventing illegal fishing the government makes efforts by increasing the task force in the ZEEI area. and besides by using advanced technology to detect the activities of other ships and so on. Based on this paper, it is necessary to increase the government's endeavor in bridling the problem of illegal fishing and a firm attitude is needed from law enforcers in the territorial waters to confer an obviation repercussion to the evil-doers of illegal fishing
PENYULUHAN HUKUM BENTUKAN KOPERASI TAMBANG UNTUK PERTAMBANGAN RAKYAT DI KABUPATEN SUKABUMI Agatha Lafentia; Michelle Prawira; Rayhan Fiqi Fansuri; Gunardi Gunardi; Ahmad Redi; Lewiandy Lewiandy
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.v4i2.13571

Abstract

People’s mining is a form of people's participation in mining business activities in areas that contain mining materials. As written in Article 33 paragraph 3 of the 1945 Constitution, the earth, water and natural resources contained therein are intended for the prosperity of the Indonesian people. As an actual form of implementation of Article 33 paragraph 3 of the 1945 Constitution, the people should actually be given a share in the world of mining. However, all people's mining activities are often hindered by the messy licensing procedure or what is commonly known by the acronym IPR (People's Mining Permit). In general, people or groups entitled to IPR are local residents, be they individuals or community groups and cooperatives, this is in accordance with what is mandated in Article 67 paragraph (1) of Law no. 4 of 2009 concerning Mineral and Coal Mining. Cooperatives in their activities are based on the principles of the people's economic movement which are based on the principle of kinship. This study aims to determine how mining cooperatives are formed in the eyes of Indonesian law and to clarify the basis for their formation. The results showed that the establishment of a cooperative to assist community miners in managing the mining process was normative, safe, and smooth
KEKUATAN NILAI “PANCASILA” SEBAGAI IDEOLOGI NEGARA UNTUK KEBERLANGSUNGAN HIDUP BANGSA Anggian Cassilas; 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.v4i2.17158

Abstract

The formulation of Pancasila is stated in the Preamble to the 1945 Constitution. Pancasila has officially become the basis of the state, the ideology of the state, and has become a source of law in legislation since August 18, 1945. As a state ideology, the values of the Pancasila precepts must be instilled in the nation from an early age. This is important to preserve culture and maintain the integrity of the Republic of Indonesia from threats to state ideology. Education about Pancasila is one example and a way to instill a person who is moral and broad-minded in the life of the nation and the state. With the erosion of Pancasila values in people's lives, it triggers the threat of losing the nation's character and other forms of threats such as threats from within the country and from abroad which of course can harm the community in the nation and state. Threats can be in the form of physical or non-physical threats that can occur at any time and can attack anyone. Therefore, it is important for the Indonesian people to explore the nation's ideology, namely Pancasila and make it a way of life in the nation to be able to advance the general welfare as one of the sounds of the state's goals stated in the fourth paragraph of the Preamble to the 1945 Constitution.
PERTANGGUNGJAWABAN PLATFORM MEDIA SOSIAL INSTAGRAM SEBAGAI PENYEDIA LAYANAN IKLAN DALAM PERKARA PENIPUAN BERKEDOK ONLINE SHOP Vengga Vengga; 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.v4i2.16993

Abstract

In this era, with rapid technological advancement, nowadays people can do trade and sell using liabilityonline system, especially on the social media which is Instagram Platform. Trades carried on Instagram have a risk, because dealing without meet face to face. By Juridical, do trade and sell on Instagram is not correct/safe. So that’s why legal certainty of liability on platform provider is essential in order to protect the consumer. If the consumer got losses, legal efforts are required to ensure consumer rights. Referring to the issue, the writer conducted research using the normative method and also did interview with several sources. The result from research, shows that liability of the platform provider in the positive law of Indonesian remains inadequate and is needed in the renewal of certain legal regulation. The institutions with authority on consumer cases be supposed to always inform information about consumer right so the consumer can understand the incumbency of the consumer. Reform into laws that regulate electronic transactions is needed in order to protect consumers while doing transactions electronic.
PERLINDUNGAN HUKUM BAGI PEMEGANG SAHAM PUBLIK TERHADAP EMITEN YANG DIHAPUS PENCATATAN EFEKNYA DALAM RANGKA KETERBUKAAN INFORMASI (CONTOH KASUS: PT INOVISI INFRACOM TBK (INVS) TAHUN 2017) Alfen Dwi Putra; Ariawan Gunandi
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.v4i2.13587

Abstract

The capital market aims as a means of financing that brings together investors as parties who want to invest their funds or as parties who have more funds with issuers as parties who need funds to expand their business sector. Objects traded in the capital market are securities or commonly called securities. Legal protection for investors still has many weaknesses, so legal protection for investors creates uncertainty. Given the failure of the regulator to observe developments that occur or the lack of speed in adapting to rapid developments, it may result in the abandonment of the capital market in Indonesia by both foreign and domestic investors. To be able to achieve the goal of the capital market, namely to meet the funding needs of business actors, a legal protection mechanism is needed that can make potential investors feel safe investing in the capital market. Both the Capital Market Law, the Company Law, and the OJK Law have provided an opportunity for capital market players, especially investors, to save their assets when a delisting occurs.
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) Desiana, Felina; Hutabarat, Rugun Romaida
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.v4i2.17008

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 PELAKSANAAN PEMBAGIAN HARTA WARIS BAGI PARA AHLI WARIS BEDA AGAMA DALAM STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 239/Pdt.G/2015/PN.JKT.PST tika bonet; Mulati Mulati
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.v4i2.13591

Abstract

Inheritance law in general can occur or be implemented if there is death or divorce. There is no inheritance law in Indonesian. There is only one law that can determine the position of one's inheritance. Inheritance law is divided into three types in Indonesia, which are Traditional, Western and Islamic. Muslims who follow the provisions of the existing regulations in the Compilation of Islamic Law. Analysis of the implementation of the distribution of inheritance for heirs of different religions in the Study of Central Jakarta District Court Decision No. 239 / Pdt.G / 2015 / Pn.JKT.PST. This knowledge is very important and useful to learn so that there are no mistakes in the distribution of assets and can be fairly distributed. Where all rights and obligations can be fulfilled. If someone is married in Islam then they have to use Islamic Law Compilation because in the division of inheritance that is regulated in the West there is no difference between men and women in doing the distribution of inheritance. The research method used is normative legal research supported by the results of interviews. The results of the analysis in this study should be that the Judge goes deeper into the suit and the Advocate must be more careful in entering the lawsuit. Everything received by the Plaintiff is not in accordance with the provisions it should.
ANALISIS PERLINDUNGAN HUKUM TERHADAP NASABAH YANG TIDAK MAMPU MEMBAYAR ANGSURAN BANK DITINJAU DARI UNDANG-UNDANG NO 10 TAHUN 1998 TENTANG HUKUM PERBANKAN (CONTOH KASUS PUTUSAN NO 646K/PDT/2017) Jennisyah Alya; 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.v4i2.13632

Abstract

In other countries or in Indonesia, we have often heard the term borrowing or borrowing what we usually call credit. Credit is one of the facilities provided by banks for people who are less able to roll their money back. Based on the contents in this thesis, there are problems, namely how legal protection and good billing procedures are for customers who are unable to pay bank installments in the decision no. 646K/PDT/2017 in terms of Banking Law No. 10 of 1998, then the research objectives in this thesis theoretically, the author hopes that the results of this paper can provide benefits and contribute to knowledge in civil law, especially those related to banking. Practically, the author hopes that the results of this writing can be useful for information and consideration, input to the general public, and officials who apply in general. In addition, it is also hoped that after this research is made, parties who can carry out banking supervision are even better. Based on the research data as follows: That on November 14, 2011, Plaintiff II, namely Mr. Afiat Dwihana Fakhrudhi who resides in Glagaharum hamlet RT/RW 005/002, Dukuharum Village, Megaluh District, Jombang Regenc.

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