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Jurnal Hukum Adigama

adigama
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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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LEGAL STANDING STATE OWNED ENTERPRISES DALAM INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID): IMPLEMENTASI BROCHES TEST DALAM BEIJING URBAN CONSTRUCTION GROUP, CO., LTD. V. REPUBLIC OF YEMEN (ICSID CASE NO. ARB/14/30) Christofer Lucky; Cut Memi
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The development of the world of arbitration as one of the ways to resolve non-litigation disputes today is quick as thought. The International Centre for Settlement of Investment Disputes (ICSID) is an international arbitration centre focus solely on the settlement of investment disputes between State and National of Another Contracting State. However, the rapid development of economic growth in foreign direct investment brought new legal jurisdiction to ICSID regarding Chinese State Owned Enterprises. For this purpose, a formula by Aron Broches was set as a test for any State Owned Enterprises that wishes to bring their case before ICSID Arbitration. The so called Broches Test is now in questioned, as to the peculiar case in BUCG v. Yemen, where the test itself is collided with the fact that more than 300 Chinese State Owned Enterprises is investing with commercial nature but bringing the China policy on Belt and Road Iniative.

KEABSAHAN PENJAMINAN HAK MILIK ATAS TANAH YANG DIDASARKAN PADA AKTA DI BAWAH TANGAN (STUDI KASUS PUTUSAN NOMOR 53/PDT.G/2017/PN.SGN) Akbar Rahadianto; Endang Pandamdari
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Land rights guarantee is a guarantee made by the debtor to the creditor which generally aims to obtain a loan in the form of money for the debtor and repayment of debt to the creditor. In the case of guaranteeing land rights, the procedure has been regulated in the Underwriting Rights on land along with land-related objects act. In this act, it is explained that in the case of guaranteeing land rights, it must be made in an authentic deed named deed of mortgage. But in this case the debtor guarantees ownership rights of the land to the creditor with only deed under hand, not with the deed of mortgage. Is the guarantee still valid? and how about the executorial power? In this study the author uses a case approach and legislative approach. It can be concluded that the guarantee of ownership rights on land based on the deed under the hand is valid because it has fulfilled the elements of Article 1320 of the Civil Code concerning the legal requirements of the agreement. Then for the execution strength, it can be done, but it will be very difficult because it requires a court order to execute the collateral object. The suggestion from the author is that in guaranteeing the rights to the land, it must be charged the Deed of mortgage, so that if there is a default, the execution of the guarantee object is easy and does not take a long time.

ANALISIS PERBUATAN MELAWAN HUKUM DALAM AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH ANTARA KOKO PURNOMO SANTOSO DENGAN PT. INTAN PLAZA ADIKA (Studi Kasus: Putusan Mahkamah Agung Nomor 17/K/Pdt/2016) Haryati Widjaja; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Contract or agreement is an act pursuant to which one or more individuals commit themselves to one another. Based on the system that chapter III civil code used, chapter III civil code used opened system it means that every people can make an agreement with everybody and about anythings but the contract or agreement must be appropriate with terms of agreement and agreement principles. There are two kinds of agreement, first nominaat agreement, nominaat agreement is an agreement that already have a regulted in law. The second is innominaat agreement, innominaat agreement is an agreement that not regulated in law. condition sale and purchase agreement is innominaat agreement. Condition sale and purchase agreement was appeared because of freedom of contract. Eventhough condition sale and purchase agreement was made because freedom of contract but it must be appropriate with terms of agreement and agreement principles. If the agreement put aside the agreement principles and legal principles, the agreement can be null and void or can be canceled. In Koko Purnomo Santoso’s case, he already been punished for 4 years because, Koko sold lands that belongs to someone else and gave the wrong information in authentic deed. But, Intan Plaza Adika still want to continue the agreement because Intan Plaza Adika is a purchaser with good faith. The district court and high court agree with Intan Plaza Adika. But the supreme court said the opposite with district and high court, the supreme court said the agreement is null and void.

ANALISIS PENCANTUMAN KLAUSULA BAKU DALAM PERJANJIAN SJ TRAVEL PASS DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Dea Vania Utami; A.M. Tri Anggraini
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Standardized clauses have been used since the days of ancient Greece in order to ease the making of agreement. In the era of economic digital has changed many things, including the process of making an agreement. Nowadays we have assumed electronic agreement as a legal covenant. With the existence of electronic agreement, customers cannot negotiate standardized clauses on the agreement anymore. The clauses generally cause more losses rather than profit, it was caused by the traders often utilized the clauses to get more profits and deprive their responsibilities. In practice even though some regulation has become of legal protection from standardized clauses in agreements, there is still a lot agreement that have standardized clauses contradictory with the regulations. One of that agreement is Sriwijaya Air Travel Pass Agreement, which one of the clauses not suitable with the article 18 verse (1) of Law No. 8 of 1999. Which is that clauses causing some disadvantages to the customers. The standardized clause should be eliminated as it opposed with the regulations. Traders obligated to undertake the responsibility of the form of compensation to the consumers.

ANALISIS TERHADAP KEBIJAKAN PEMERINTAH PROVINSI DKI JAKARTA TENTANG PENUTUPAN JALAN JATI BARU RAYA UNTUK PEDAGANG KAKI LIMA Martin Hadinata; Tatang Ruchimat
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Sidewalks are pedestrian paths that are generally parallel to the road and higher than the surface of the pavement to ensure the safety of the pedestrians concerned and Street Vendors (PKL) is a term to refer to the merchant invaders who carry out commercial activities over the area owned roads or sidewalks that should be intended for pedestrians. On December 22 Year 2017, the Provincial Government of DKI Jakarta imposed a new concept of structuring the Tanah Abang market area. Access to transportation until the placement of street vendors starts to be changed, there are some changes to the concept of Tanah Abang market area, the road along Tanah Abang station on Jati Baru Raya road will be closed, the second change of street vendors who usually sell in Tanah Abang market area will be moved to the front of the road in front of Tanah Abang station. Policies taken by the Provincial Government of DKI Jakarta proved to violate Article 12 of the Law of the Republic of Indonesia Number 38 Year 2004 concerning Roads, Article 128 Paragraph 3 of Law Number 22 Year 2009 concerning Road Traffic and Transportation. The DKI Jakarta Provincial Government in taking the decision to close Jalan Jati Baru Raya has no prior coordination with the Traffic Director of the Jakarta Metropolitan Police who is authorized about traffic in Jakarta.

PREEMPTIVE SELF-DEFENCE ON ISRAEL-HEZBOLLAH ARMED CONFLICT UNDER INTERNATIONAL LAW Wiwilliem Rizki Limboto; Teddy Nurcahyawan
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The legalization of war has legitimized wars of “self-defence”. On January 18, 2015 on the Syrian side of the Golan Heights, Israel launched an airstrike that killed six Hezbollah fighters and an Iranian brigadier general, Mohammed Ali Allahdadi. Israel claims that it acted preemptively in order to preserve its existential security by implementing a defensive policy commonly dubbed as the “War Between Wars” policy, to disrupt Iran’s supply of advanced weaponry for Hezbollah. On the other hand, Hezbollah in its continuous defiance of United Nations Security Council Resolution 1701 claims that the aforementioned arms supply was meant to preserve Lebanon’s security against future Israeli aggression. The facts of the case presented certain legal issues, as to whether or not Israel’s airstrike towards Hezbollah constitute a legitimate self-defence and its permissibility under international law. This is a normative legal research, thus relies heavily on library research, the IRAC method was used in deciphering the issue. After careful considerations, by attributing the said airstrike with the preemptive strike theory, it has been found that Israel’s airstrike was not preemptive, but rather preventive in nature, and should have been illegal under international law. However, a just cause test was conducted on both sides, and it has been found that the odds are more in favor towards Israel than Hezbollah. Ultimately, the research concluded that although preventive warfare was deemed to be illegal under international law, Israel’s claim of self-defence was more likely to be permitted in the international arena than Hezbollah’s.

ANALISIS TANGGUNG JAWAB PERUSAHAAN PENERBANGAN TERHADAP KERUGIAN PENUMPANG AKIBAT HILANGNYA BAGASI TERCATAT YANG MEMUAT BARANG BERHARGA TANPA SEPENGETAHUAN PENGANGKUT BERDASARKAN KONVENSI WARSAWA 1929 SEBAGAI LEX SPECIALIS Hendra Winata; H. K. Martono
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Aircraft as air carrier of persons, luggage or goods which receive any amount of payment from the passengers to carry any passengers from the place of departure to the place of destination. The carrier is liable for damage sustaind in the event of the death or wounding of the passenger or other bodily injury, of the destruction or lost of,or of damage to registered luggage if the accident which caused the damage took place during the carriage by aircraft. In the carriage of registered luggage, the liability of the carrier is limited to the amount regulated both at international conventions or national regulation. Unless at the time when the luggage was handed over to the carrier, the passengers or the consignor has declared the contents and the value of the registered luggage and the carrier agreed to carry the registered luggage and the passengers or the consignor has paid a supplementary sum. If the passengers or the consignor at the time when the luggage was handed over to the carrier has declared the contents and the value of the registered luggage, in terms of any destruction, lost of, or of damage to registered luggage, the passengers or the consignor entitled to receive compensation of the amount regulated both at international conventions or national regulation and the sum of the actual value of the registered luggage

Tanggung Jawab Produsen Rokok terhadap Bahaya Rokok Menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Kosumen dan Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan Ryan .; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Consumer Protection Law regulates the legal protection of consumers and is intended to regulate the responsibilities and obligations of business actors / producers. However, there are still a number of producers who in carrying out business activities that still violate the provisions in the UUPK, one of which is cigarette producers. Therefore, the author propose a problem about how cigarette manufacturers' responsibility for the dangers of cigarettes according to the Consumer Protection Law and the Health Law. The author examines the problem by using normative legal research methods that use secondary data. From the results of the study concluded that the responsibility of cigarette producers to the dangers of cigarettes according to the Consumer Protection Law and the Health Law is that cigarette producers must be responsible for providing compensation in the form of bearing medical expenses for diseases caused by cigarettes themselves and providing honest, clear and correct information about the product, and change the results of the product to be in accordance with the standard quality of goods and / or services that already exist.

KEWENANGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA DALAM PEMBENTUKAN NORMA BARU (SUATU KAJIAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014 JO PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-XIV/2016) Elisabet .; Cut Memi
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

One of the authorities of the Constitutional Court governed by the Constitution of the Republic of Indonesia in 1945 was the examining of laws against the contitution or judicial review. Inside the regulations which governing the implementation of this authority, the Constitutional Court only acts as a negative legislator, namely canceling or reinforcing a norm tested by the Petitioner. But in practice, the Constitutional Court has changed its role to become a positive legislator, who is forming a new legal norm, which is the authority of legislators. The Constitutional Court should not be able to form a new legal norm because there is no legal basis which regulate that. But Constitutional Court can form a new legal norm in some urgent circumstances, relating to Human Rights, and preventing legal vacuum. In addition, the establishment of laws by lawmakers that require a long process and time. This is compelling Constitutional Court to make substitute norm before the law was established by the legislators. In the Decision of the Constitutional Court Number 46/PUU-XVI/2016, the Court actually wants to establish a new legal norm, but because the articles in the petitioned have criminal sanctions, and if the Constitutional Court approves the petition, the Constitutional Court has formulated a new criminal act that can only be formed by the lawmaker. Whereas in the Decision of the Constitutional Court Number 21/PUU-XII/2014, the Constitutional Court established a new norm because in the article a quo there were no criminal sanctions.

PENYEBAB TERJADINYA TINDAKAN MAIN HAKIM SENDIRI ATAU EIGENRICHTING YANG MENGAKIBATKAN KEMATIAN (CONTOH KASUS PEMBAKARAN PELAKU PENCURIAN MOTOR DENGAN KEKERASAN DI PONDOK AREN TANGERANG) Chandro Panjaitan; Firman Wijaya
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Cases of vigilante action are committed by a group of persons are not justified in the law. Those are cases which is unlawful, immoral, irresponsible and does not have an attitude that respects the law.Vigilante cases should have been reported to the authorities and the perpetrator should be punished in accordance to the existing law and regulations. There is no apparent regulations regarding the act of vigilante, instead there are some articles in Indonesian’s Criminal Code which can be used against the perpetrators. In this case Article 170 and 351 of Indonesian’s Criminal Code somehow has been used to deal with vigilante cases. It is important to learn what are the factors of the vigilante case in PondokAren, Tangerang which will be the main research in this thesis and also the prevention that should be done in order to avoid the same incident in the future. The research data shows that the factors behind perpetrators being vigilante is based on emotional factors, the lack of trust in the law and situation factor. On the other hand to prevent further case in the future the authorities need to improve their work from several aspects. Thus, creating a positive opinion on public.

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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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Ahmad Redi

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ahmadr@fh.untar.ac.id

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era.hukum.mahasiswa@fh.untar.ac.id

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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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Kota adm. jakarta barat,

Dki jakarta

INDONESIA