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Contact Name
Ahmad Redi
Contact Email
ahmadr@fh.untar.ac.id
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-
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era.hukum.mahasiswa@fh.untar.ac.id
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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INDONESIA
Jurnal Hukum Adigama
ISSN : -     EISSN : 26557347     DOI : http://dx.doi.org/10.24912/adigama.v2i2.6520
Core Subject : Social,
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
ANALISIS PERLINDUNGAN HUKUM TERHADAP PENCIPTA TARIAN YANG CIPTAANNYA DIUNGGAH DI YOUTUBE OLEH PIHAK LAIN TANPA SEIZIN DARI PENCIPTA TARIAN BERDASARKAN UNDANG – UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Alfandi Alfandi; 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.v4i2.13592

Abstract

A dance is the result of someone's creativity or idea which when the idea is channeled into a dance or choreography, the idea will automatically get the status of a work, and the choreographer who created the choreography will automatically get exclusive rights to the object and will referred to as the creator who has the copyright, but the copyright law has not regulated the Cover which is then uploaded on YouTube which puts the position of this perpetrator in the gray zone (Grey Area) which means that this action clearly violates the protection of the creator as the right holder. copyright, but the act cannot be legalized according to the applicable laws and regulations. With the development of the times, the recognition of copyright protection is also expanding, in addition to registering, creators can also take advantage of the facilities provided by an institution known as creative common, which in addition to providing protection, it also allows the work to be distributed by other parties, so that creators can be more easily recognized by many people and their work is appreciated by many people.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PEMBUATAN AKTA JUAL BELI YANG DIBUAT TANPA SEPENGETAHUAN DAN PERSETUJUAN PEMILIK OBJEK DALAM PUTUSAN NOMOR 347/PDT.G/2017/ PN.JKT.TIM Kevin Hernando Pratama; Gunawan Djajaputra
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.v4i2.17010

Abstract

In making a land deed, PPAT is required to have skills, accuracy, and ability in the field of land law and must be based on the knowledge or approval of the owner of the land object. The problem faced is how is the responsibility of the Land Deed Making Officer (PPAT) in making the sale and purchase deed made without the knowledge and approval of the object owner related to Decision Number 347/Pdt.G/2017/PN.Jkt.Tim. The research method used is normative juridical law research. The results showed that the PPAT that made AJB without the knowledge and approval of the object owner related to the East Jakarta District Court Decision Number 347/Pdt.G/2017/PN.Jkt.Tim is an act against the law and violates the provisions of Article 1365 of the Civil Code, because it is against the law. The principles of propriety, thoroughness and prudence as well as contrary to the legal obligations of the perpetrator so that it causes harm to the Plaintiff. Criminally, PPAT can be charged with Article 263 paragraph (2) of the Criminal Code. Administratively, PPAT can be dishonorably dismissed. In order to avoid misuse of identity and forgery of signatures in the making of PPAT deeds, PPATs are required to attach letters and documents as well as the fingerprints of those who appear on the Minutes of Deed as one of the obligations that must be carried out by Notaries.
ANALISIS TANGGUNG JAWAB DIREKTORAT JENDERAL HAKI TERHADAP KASUS PENDOMPLENGAN NAMA / PASSING OFF TERHADAP MEREK TERKENAL ā€œM&Gā€ DITINJAU DARI UNDANGUNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (STUDI KASUS PUTUSAN NO 526K/PDT.SUS-HKI/2020) Michael Michael; 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.v4i2.13633

Abstract

During the period of international trade, for global agreements that have been ratified by Indonesia, the position of brands and geographical features is very important, especially in protecting fresh business competition, protecting customers, and preventing micro, small and medium enterprises and factories in the country. Intellectual property in law is divided into 2 groups, namely the right to make (copyrights) and factory ownership rights (industrial property rights). Factory property rights include patents, business brands, and factory concepts (Industry design), Anti Fraud (ends unfair competition), structured circuit position rules and business secrets. Trademark rights are the scope of property rights, because brand rights are the right to use a logo or brand for products that are traded by one person with other people's products even though they do not have the main factor as what is meant by the interpretation of intellectual property, namely there is no intellectual effort factor in the form of inventions or findings. However, once there is a meeting between manufacturing rights, patent rights and trademark rights, it is observed from the nature or form of the rights, namely the rights to intangible goods.
TANGGUNG JAWAB NOTARIS ATAS PERBUATAN MELAWAN HUKUM MELAKUKAN PEMALSUAN SURAT KUASA MENJUAL DALAM AKTA JUAL BELI (STUDI KASUS PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR 1443/PID.B/2018/PN.TNG) Eka Aprilia; 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.v4i2.17083

Abstract

Counterfeiting can be classified as a crime of fraud. Criminal acts in the form of falsification of the provisions are contained in Article 263 to Article 265 of the Criminal Code. The problem faced is how the notary's responsibility for unlawful acts is to falsify the power of attorney to sell in the deed of sale (Case Study of Tangerang District Court Decision Number 1443/Pid.B/2018/PN.Tng.). The research method used is a normative juridical legal research method. The results of the study indicate that the responsibility of the notary for unlawful acts is to falsify the power of attorney to sell in the deed of sale and purchase related to the Tangerang District Court Decision Number 1443/Pid.B/2018/PN.Tng. is the proof of the actions committed by Notary Dr. Bambang Sudirmanto, SH, MKn intentionally with full awareness in planning fraudulent acts that cause losses, the notary can be subject to administrative sanctions as stipulated in Article 85 of the UUJN regarding violations of Article 16 paragraph (1) letter a of the UUJN. Sanctions that can be imposed are verbal warnings, written warnings, temporary dismissals, respectful and dishonorable dismissals. Can also be subject to criminal sanctions. In order to protect the interests of the notary parties, they must act in accordance with the laws and regulations for the position of a notary and uphold the notary code of ethics.
PERLINDUNGAN HUKUM TERHADAP PENGGARAP TANAH DI ATAS TANAH NEGARA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR: 1401 K/ Pdt/ 2018) Shella Aprillia; 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.v4i2.13638

Abstract

Lands, which are physically possessed by residents who do not convert their western land rights after the enactment of the Basic Agrarian Law, becomes state land directly controlled by the state, which is then issued a certificate of building rights in the name of PT. Asuransi Jiwasraya (Persero). How is the legal protection for cultivators on state land with the issuance of certificates in the name of PT. Jiwasraya Insurance? The researcher examined this problem using a normative legal research method; the data collection technique includes observation, data collection and interviews; the research approach used was statutory approach; and the data analysis technique used was vertical to horizontal synchronization. The research data reveals the existence of weaknesses and legal errors in the application of the case. As a result, the land which has been controlled by the residents for 73 years has changed ownership to PT. Asuransi Jiwasraya (Persero), which in fact should have been owned by the residents.
JAMINAN SOSIAL ATAS SERANGAN JANTUNG SEBAGAI KECELAKAAN KERJA DITINJAU DARI UNDANG UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Maria Angela Triwidyarti; Gunardi Lie; Moody R. Syailendra
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.v4i2.17095

Abstract

This studi discusses social security for heart attacks as work accidents in term of Law Number 13 of 2003 concerning Employment. This study uses normtive legal research method with a descriptive reseacrh nature. From this research, there are problems regarding social security for work accidents and the risk of heart attack as work accident based on law number 13 of 2003 concerning employment. Employment issues are still crucial issues and are concern to various parties. The state of Indonesia as a state of law of course all applicable provisions relating to laws and regulations. The most highlighted is about social security. Social security the right of every citizen which is the responsibiliy of the state. Social security is a right for every citizen, especially BPJS Ketenagakerjaan Participants. Everyone who has a work accident has the right to get a work accident Insurance (JKK). That everyone without exception and without discrimination has the right to get social securuty as determined by the applicable law. Social security is from citizen.
ANALISIS PEMBERIAN INSENTIF PAJAK PENGHASILAN PELAKU USAHA MIKRO, KECIL, DAN MENENGAH (UMKM) TERDAMPAK PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19) Santi Wulandari; 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.v4i2.17107

Abstract

The COVID-19 pandemic has made a huge impact on people's social life in all sectors. Social distancing policies have brought about a big change in people's lifestyles. Deteriorating economic conditions due to the pandemic have made it difficult for people, especially business actors, to make sales, fulfill obligations or pay debts, and have difficulty paying taxes. Taxes have a function as a tool to regulate society in the economic, social, and political fields to reach a certain goal. The government has implemented a package of economic policies such as fiscal, monetary, and financial services regulation as a measure to reduce the impact of the COVID-19 pandemic. The provision of income tax incentives is one of the fiscal policies provided by the government to Micro, Small, and Medium Enterprises (MSME) actors is expected to cope with the impact of COVID-19. The provision of tax incentives to business actors is expected to create a multiplier effect so that public welfare is guaranteed. Therefore, the writing of this thesis will focus on the regulations of income tax incentives for MSME actors and their urgency in the national economic recovery.
PENGADAAN TANAH UNTUK PEMBANGUNAN GARDU INDUK PLN KECAMATAN PASAR KEMIS KABUPATEN TANGERANG BERDASARKAN UU NO.2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM DAN PERMASALAHANNYA (CONTOH KASUS PUTUSAN NOMOR 642/PDT.G/2017/PN.JKT.SEL) Rio Aldi; 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.v4i2.13645

Abstract

In building the public interest, the government will carry out land acquisition. However, sometimes the development for the public interest is not based on land acquisition mechanisms. The South Jakarta District Court Decision Number 642/Pdt.G/2017/PN.Jkt.Sel shows that there are parties who develop public interests that are not based on the land acquisition mechanism, which is there is no compensation and relinquishment of land rights. In this case, PT PLN is an agency that requires the use of physical land that belongs to another party to build an electric substation in Pasar Kemis District, Tangerang Regency. The agreement to build the electric substation is only made through the record of transfer of Physical Use of the Land which is submitted voluntarily. What is the mechanism for land acquisition for the construction of PLN electric Substations based on Law No. 2 of 2012 concerning Land Procurement for Development in the Public Interest Juncto Law No. 30 of 2009 concerning Electricity? How is the legal certainty of the construction of the PLN Electric Substation in Pasar Kemis District, Tangerang Regency on land that has not been released by the holder of land rights? Author uses normative legal research methods and data interviews as supporting data. The results of the research reveal that there is a legal uncertainty in the construction of the PLN Electrical Substation Pasar Kemis District, Tangerang Regency on land that has not been released by the holder of land rights.
PERLINDUNGAN HUKUM ATAS HAK KENYAMANAN KONSUMEN BAGI PENYANDANG DISABILITAS DI DALAM STASIUN KERETA API COMMUTER LINE Nisa Nurphita Ritonga; 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.v4i2.17116

Abstract

Nowadays, the need for comfortable transportation is increasingly needed by people including people with disabilities in commuter line transportation. But in practice there are still inconveniences in using the Commuter Line train. How the legal protection of the consumer's right to comfort as a user of the Exclusive Train Commuter Transport train is an issue discussed. The research method used is normative descriptive research method based on secondary data and primary data as qualitatively analyzed supporting data. The results illustrate that PT KCI has not provided legal protection for people with disabilities users of commuter rail services linesebaga imana stipulated in Article 3 UUKA and Article 4 Paragraph (1) UUPK, The inconvenience is caused by the infriendly facilities in the train station for passengers as consumers with disabilities and cause one of the passengers with disabilities mired from the platform to touch the railway track
ANALISIS PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DALAM TRANSAKSI E-COMMERCE Samuel Christian Salim; 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.v4i2.13651

Abstract

The rise of online shopping also causes a new problem in the legal field, especially consumer protection law. One of the problems that must be considered in terms of online shopping is the legal protection of the personal data of consumers who shop online. This problem exists because it is easy for business actors to get personal data of consumers who shop online. Business actors get consumer personal data when consumers transact online. In conducting online transactions, of course, consumers must first fill in personal data in order to achieve smooth buying and selling transactions and fill in personal data as well as to fulfill the requirements for conducting online transactions. One clear evidence of the leakage of personal data is in the case of the leak of personal data on the Akulaku platform. Akulaku is slightly different from other platforms where Akulaku also provides installment services or cash loans on an independently managed online marketplace platform. One of the most common cases involving consumers of e-commerce users is the misuse of users' personal data by third parties. Like the case that happened to Dewa Hardana in the middle of 2020. Dewa Hardana is one of the victims of misuse of personal data in the Akulaku application, in which case Dewa Hardana's personal data is misused by a third party and Dewa Hardana must bear the loss.