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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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bryandustin0708@gmail.com Briyan Dustin
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.v4i2.17142

Abstract

The assault case directed to the senior investigator of The Commission Of Eradication of Corruption, Novel Baswedan is broadly well known and attracted a lot of attention in the media and the attention of most Indonesian. In which the genesis of this case, the continuity and the progress all the way to the capture and arrest of the known preprated individual consume quite for some times, for almost two years, resulting in the majority of the people of Indonesia to looked down upon the investigation of this case and most also considered this as a botched attempt at derailing the truth of the case. This is however, not an idle fact, there are in fact still a lot of parties, who consider the resolution and the verdict of the case as unsatisfying in the eyes of law and the people who keep on watch on the progress of the case, many in fact felt they are being cheated on. Not to mention, especially, the victim himself, Mr Baswedan isn't too fond of the verdict and the decision that the proceeding judge has issued. And therefore, this article was published in hopes of revealing what are the unknown and oftentimes overlooked law facts circulating in this case, and of course to better expand the knowledge and enhanced of some hidden facts in this case to most people, either it s the broader masses, intellectuals, or even the investigator delving into this case themselves.
PERLINDUNGAN HUKUM TRANSAKSI BISNIS INTERNASIONAL TERHADAP KONTRAK TRANSAKSI ELECTRONIC COMMERCE (E-COMMERCE) Anthony Willyus Wongkar; Endison Ravlindo; Jesselyn Valerie Herman; Jennyver Willyanto
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12032

Abstract

In this era of globalization, most people in the world are leaving conventional ways to electronic transactions. E-commerce is one of the electronic transactions that is very supportive in the field of economics, especially international business transactions. International business transaction is a study of private law which provides bigger opportunities to each party to make, agree on, and implement the clauses they make. With various technological advances, the world gives chances to international society to make connections between them. In line with this advantage, it is possible that there are deficiencies which will cause problems between those contract makers.  These problems could arise because of the differences between them, such as in terms of culture, legal perspective, and others. Therefore, the different countries' parties should understand about the contract they make and be concerned about the applicable law in the other’s country before making a certain contract. To prevent unwanted legal consequences, an understanding of clear legal protection is needed. The method of this research is a legal normative research with a statutory approach.
PENEGAKAN HUKUM ADMINISTRASI TERHADAP LIMBAH INDUSTRI FARMASI BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 (CONTOH KASUS: PENCEMARAN LIMBAH PARASETAMOL DI PERAIRAN JAKARTA) Meidiana Novriyanti; Keyzia Betarli Lengkong; Christopher David Nagaria; 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.v4i2.17147

Abstract

Waste from the pharmaceutical industry is hazardous waste because it is not only dangerous but also poisonous. If it is not processed and managed properly, it will seriously endanger the environment of the living things around it. Therefore, strict enforcement of the law is required to administer environmental permits for these business activities. Enforcement that violations of environmental management standards can be adjudicated by virtue of Law No. 32 of 2009. The sanction includes administrative, criminal and civil sanctions. Administrative sanctions that the government can impose are government injunctions, revocation of environmental permits to do business, and suspension of those permits. Enforcing regulations in the environmental sector is one of the tasks that PPLH has to carry out, so that companies that have failed to comply with regulations on environmental management, in particular regulations on liquid waste management, are subject to sanction in accordance with applicable regulations. Based on the description above, this study will discuss the enforcement of administrative law against pharmaceutical waste, namely paracetamol in Angke Bay and Ancol Beach waters which are currently being discussed. This research is structured normatively based on secondary data and obtained to be analyzed by qualitative methods and described descriptively.
PENYEDIAAN FASILITAS DAN KEBIJAKAN GUNA PENERAPAN CONJUGAL VISIT SEBAGAI SOLUSI DARI MASALAH PENYIMPANGAN SEKSUAL NARAPIDANA PADA LEMBAGA PEMASYARAKATAN DI INDONESIA Firyal Arribah Syafiqoh; 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.v4i2.17154

Abstract

Conjugal visits or visits of legal partners is a visit related to the biological needs of convicts who are married as one of the fulfillment of the needs for the prisoners. Biological needs or sex needs are one of the basic needs for humans listed in the rules of human rights both nationally and internationally. In this case prisons in Indonesia have not been able to fully implement the regulations regarding conjugal visits clearly or there is no policy regarding the implementation of regulations and the provision of conjugal visit room facilitation which can later be applied to all correctional institutions in Indonesia, so that it has an impact on the fulfillment of the rights of inmates as complete human beings, especially biological needs. Prisoners behind bars struggle to maintain their physical and mental health to defend the rights that they should get by nature as human beings. This study uses a normative juridical approach. The research is focused on examining the application of the rules or norms in positive law, this research method is carried out with data collection techniques carried out by literature studies.
PRINSIP-PRINSIP HUKUM ISLAM DALAM KETATANEGARAAN INDONESIA Maureen Linus
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.v4i2.17159

Abstract

Indonesia is the world’s fourth-most populous country and the most populous Muslim majority country. Indonesia is a presidential, constitutional republic with an elected legislature. It is known that Islam is the largest religion in Indonesia with the percentage reaching the number 86.7% . With the huge number of the Muslim population, some part of Indonesia uses the Islamic law as their legal system. The state constitution in Indonesian legal system differs a lot from the Islamic legal system but some parts of Indonesia use the Islamic law as their legal system. The Islamic legal system also known as the sharia law co-exist together overcoming the vast differences between the Indonesian and the Islamic legal system. This paper aims to describe and discuss the vast differences of the state constitution between the Islamic legal system and the Indonesian legal system as well as how it co-exist together within the area of Indonesia and how it affects the Indonesian constitution.
KEWENANGAN INDEPENDENSI HAKIM DALAM PENERAPAN PIDANA MINIMAL KHUSUS (STUDI KASUS: PUTUSAN NOMOR 144/PID.SUS/2019/PN KDS) Tamara Arruum Shafira; R. Rahaditya
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.v4i2.13573

Abstract

Every single year, cases of sexual crimes have increased. The number of victims is not only from adults but has also spread to adolescents, children and toddlers. Children are a group that is very vulnerable to sexual crimes because children are always positioned as weak or powerless and have a high dependence on the adults around them. In almost every case disclosed, the perpetrator is the closest person to the victim and not a few perpetrators are people who dominate the victim, such as parents and teachers. We recognize sexual crimes as a form of sexual violence against children involving the role of children in all forms of sexual activity that occur before the child reaches a certain age limit established by the laws of the country concerned where an adult or other child who is older or someone who is considered to have better knowledge of the child using it for sexual pleasure or sexual activity. In carrying out this act, usually many of the perpetrators used force, threats, bribes, tricks and even pressure.
TANGGUNG JAWAB CAMAT SEBAGAI PPAT SEMENTARA DALAM HAL MENANDATANGANI AKTA JUAL BELI (CONTOH KASUS NOMOR PUTUSAN 44/PDT.G/2014/PN KWG) Napoleon Tampubolon; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2927

Abstract

The research on the Subdistrict Head's responsibilities as PPAT Temporary aims to know and understand the problems related to legal responsibility if there is an error in making land certificates by the Subdistrict Head as Temporary PPAT and the role of Subdistrict Head who is appointed as Temporary PPAT in the practice of making land deeds in Cibuaya District karawang. This research is normative legal research, namely this research uses scientific methods and interviews with related parties. The data used are primary data, namely regulatory regulations relating to the Occupational Regulation of the Land Deed Maker Officer and secondary data, namely textbooks relating to the Land Deed Maker Officer. In this study the specifications used are prescriptive in nature which are intended to provide prescriptions based on arguments that have been built in conclusions. Head of Subdistrict as PPAT While from Cibuaya Subdistrict, Karawang regency is still making irregularities towards the preparation, manufacture and registration of the deed. The legal responsibility of the mistake made by the Subdistrict Head as a Temporary PPAT in making the land deed is not in accordance with the existing regulations, namely not subject to penalty sanctions in the form of compensation but a decision of the Article of Action Against the Law is imposed.
ANALISIS KEPASTIAN HUKUM PENJAMIN PERORANGAN YANG MELEPASKAN HAK ISTIMEWA DAN DIMOHONKAN DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) (STUDI PUTUSAN: Nomor 141/Pdt.Sus-PKPU/2020/PN.Niaga Jkt.Pst) Reny Agustini; 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.v4i2.13578

Abstract

In this era of globalization more and more people are plunging into the field of business. In his decision to dive into the field of business, not a few people are willing to borrow credit for the sake of business continuity. In the case of this Lender the Bank must receive a guarantee first to guarantee the repayment of the debt. The current guarantee is not enough just in the form of material guarantees but often requested third-party guarantees. In this case, it is a Personal Guarantee. In the event of a Guarantee, the Creditor will ask the Guarantor to waive its privileges in a special agreement between the Creditor and the Guarantor. This resulted in his position. If many debtors do not pay their debts, lancer will request Postponement in debt repayment obligations. But nowadays not only debtors are requested but guarantors are also requested. This is a very dilemma and until now there is no Legal Certainty on the matter of guarantors requested for Postponement in debt repayment obligations. This is due to the difference in the interpretation of the waiver of privileges and the existence of special provisions in the Bankruptcy Law and Postponement in debt repayment obligations that do not govern clearly and specifically. So this matter becomes uncertain.
PERLINDUNGAN HUKUM TERHADAP MEREK TEKRENAL YANG TIDAK TERDAFTAR DI INDONESIA DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 7 K/PDT.SUS-HKI/2018 Nanda Resa Nur Aliska; 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.v4i2.16997

Abstract

the position of the brand has an important role in the world of commerce, so it is very important to provide protection for the brand, which if the company's brand becomes widely known in the community, it will allow competitors who are not in good faith to commit piracy, imitate the brand, or even by counterfeiting to enrich yourself in a short span of time. The problems faced are how the system for granting trademark protection to brands that are not registered in Indonesia and how the legal protection for well-known brands that are not registered in Indonesia in the Supreme Court Decision Number 7K / Pdt.Sus-HKI / 2018. The research method used is normative juridical legal research. The results showed that the protection of foreign well-known marks that are not registered in Indonesia according to the Trademark Law is only protected for 5 (five) years, if the foreign wellknown mark is not registered, other people can register the name and claim the mark. Of course this is contrary to the theory of legal protection, where the state is obliged to protect a citizen/person, even though the person is a foreigner. Where there are 2 (two) kinds of protection methods, namely preventive and repressive methods. Preventive efforts are to prevent brand infringement, while repressive efforts if there is a trademark violation are through civil lawsuits or criminal charges.
HARMONISASI PERATURAN DAERAH KABUPATEN BOJONEGORO NOMOR 1 TAHUN 2017 TENTANG PERANGKAT DESA TERHADAP PERATURAN PEMERINTAH NOMOR 43 TAHUN 2014 TENTANG PERATURAN PELAKSANAAN TERHADAP UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA William Benaya; Muhammad Abudan
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2932

Abstract

The Regional Government is an extension of the central government to carry out government activities for all regions in Indonesia, and how the division and who heads the regional head is also regulated or mentioned in the Constitution of the Republic of Indonesia, namely the Constitution in Article 18. In carrying out government for the entire The Republic of The United States of Indonesia region, an effective and harmonious regional government is needed between the regional government and the central government. Effective and harmonious referred to in this writing are the accordance of regulations between Regional Government and Central Government. Therefore, in the establishment of a Regional Regulation there is a need for communication, consultation and clarification of the RAPERDA that will be made and legalized between agencies in the Regional Government and the Central Government. That way, it is expected that regional regulations will no longer be antithetic with the higher regulations in accordance with Law Number 12 of 2011 concerning the Establishment of Legislation. Regarding if there is a conflict between the Regional Regulations and higher regulations, the cancellation mechanism can be submitted to the Supreme Court.

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