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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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PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PERKOSAAN STUDI PUTUSAN NOMOR 6/PID.SUSANAK/2020/PN.SIM Yosua Martin Cendikia
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.v4i2.17127

Abstract

Children are a mandate and gift from God Almighty, which is inherent in the dignity and worth as a whole human being. Child protection is the embodiment of justice in a society, thus child protection is sought in various fields of state and social life. One of the cases in the crime of rape where the victim is a girl aged 6 (six) years. This girl was raped and the perpetrator was sentenced to Article 81 paragraph (1) in conjunction with Article 76 d of Government Regulation in Lieu of Law No. RI. 1 of 2016 concerning the second amendment to the Republic of Indonesia Law No. 23 of 2002 concerning child protection which has been stipulated as Law no. 17 of 2016 which is punishable by a minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). The article contains norms in the form of minimum and maximum words in the imposition of sanctions. Judges should decide based on the limits of the minimum and maximum in the norm. However, in this decision the judge determined differently where he was sentenced to 4 (four) years and Job Training for 3 (three) months at the Simalungun Regency Social Service. The application of appropriate sanctions in the decision of the Simalungun District Court Number 6/Pid.Sus-Anak/2020/PN. Sim is at least 5 years old.
ANALISIS TANGGUNG JAWAB PT. SUMBER ALFARIA TRIJAYA TBK TERHADAP PENGGUNAAN UANG KEMBALIAN KONSUMEN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN TERKAIT PUTUSAN MAHKAMAH AGUNG NOMOR: 533 K/PDT.SUS-KIP/2018 Federico Octaviano B.; 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.v4i2.16981

Abstract

Alfamart collects funds through the use of consumer change. The problem faced is the responsibility of PT. Sumber Alfaria Trijaya Tbk on the use of consumer change based on Law Number 8 of 1999 concerning Consumer Protection related to Supreme Court Decision Number: 533 K/Pdt.Sus-KIP/2018. The research method used in this paper is a normative juridical research method. The results showed that PT. Sumber Alfaria Trijaya Tbk to collect funds through the use of consumer change based on Law No. 8 of 1999 is based on the distribution mechanism of the results of public donations conducted by PT. Sumber Alfaria Trijaya Tbk, which throughout 2015 has collaborated with 8 credible foundations on a national and international scale. This can be proven by the Decree of the Minister of Social Affairs regarding the procedure for collecting donations, program period, donation collection area, beneficiary foundations, and also the obligation to disseminate information to the public in which the letter was officially issued by the Ministry of Social Affairs so that in its role as perpetrators of collecting donations who already have legal force. For the Alfamart or other business actors who raise social funds by quoting consumer change, it is expected to be able to carry out accountability to the public who have participated in donating by making financial reports that can be accounted for and easily accessible by the public
REFORMULASI KEBIJAKAN PEMIDANAAN TERHADAP DELIK TERKAIT EUTHANASIA DALAM RANGKA PEMBAHARUAN HUKUM PIDANA NASIONAL Rionardo Farlus Patitan; Ade Adhari
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.v4i2.17133

Abstract

Humans have the right to live and in terms of the right to live there is the right to die which is internationally recognized by the United Nations so that an act appears to stop someone's life, namely Euthanasia. Along with the problems that arise regarding Euthanasia, a sanction is needed in which to deal with the problems that occur, especially in criminal matters. Euthanasia is often encountered and becomes a problem for people who experience it because in other countries Euthanasia is allowed by the government. This is based on various cases in various countries. The government must give strict sanctions to the perpetrators of Euthanasia but in general, in this aspect, criminal law policies in Indonesia are still inadequate and not appropriate in imposing sentences so that a policy of formulation of punishment for Euthanasia offenses in Indonesia needs to be carried out. The writing of this thesis uses doctrinal legal research methods and uses doctrines as supporting data. The results of the study reveal that sanctions against Euthanasia cases have not yet been able to be carried out by the Government because there is no clarity and legal certainty in Indonesia so that it is necessary to formulate a sentence for the Euthanasia offense.
PERLINDUNGAN HUKUM BAGI PIHAK PEMBELI DALAM HAL TERJADI PERBUATAN MELAWAN HUKUM TERKAIT SENGKETA JUAL BELI TANAH (STUDI PUTUSAN NOMOR : 121/PDT.G/2017/PN.BDG.) Inten Rosita; Endang Pandamdari
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6594

Abstract

Tort is every thing that causes detriment to other people, requires the guilty one who causes detriment to pay compensation. Tort recognizes two concepts of compensation, those are material compensation and immaterial compensation.  The civil code manage the immaterial compensation which can only be given in particular things, such as the matter of death, seriously injured, and humiliation. In the decision of the Bandung district court number :121/PDT.G/2017/PN.BDG. the case of the act tort  which relates to the land sale and purchase dispute, the judges granted the immaterial and moral compensation in the amount of two billion rupiah. Due to Hanny Untar proved for doing tort that she has pressured the Notary Euis Komala, S.H. to make a statement.The author use normative legal research and uses interview data as supporting data. The research reveal that the decision of the Bandung District Court number : 121/PDT.G/2017/PN.BDG. About the immaterial and moral compensation which caused by tort, because of doing defamation with inaccurate police report. Due to the judges consideration, the police report is not a form af tort, that everyone has the right to make a police report which is protected by law.
ANALISIS HAK PRIVASI PERLINDUNGAN DATA PRIBADI MASYARAKAT DI INDONESIA Jennifer Claudia; Toendjoeng Herning Sitaboeana
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.v4i2.17138

Abstract

The more big and updated progress in technology, the more new challenges show up and that affects the protection of citizens' privacy and personal data, especially with the increasing practice of collection, use and dissemination of personal data or the problem known as the data misuse. Other than lack of specific regulations that may cause the weakness of privacy and personal data protection even more, especially when it comes to the use of technology. There is also known as the cloud computing technology which is a technology that uses the internet and central remote servers to maintain or manage user data. It allows users to use applications without installation such as via website, links, etc. so the personal data can be accessed anywhere and anytime through the internet access. But some legal issues in the world of technology are raised by cloud computing technology. The legal issue from cloud computing is very noticeable and dangerous because the personal data contains personal information such as full name, date of birth, id card number, etc. Which means if the provider or the third party, misused the personal data, it is a crime in the eye of law and it is wrong to human rights. As a country, Indonesia does have regulations that specifically protect the citizens from data abuse or known data misuse. But this is not how personal data is protected in Indonesia.
ANALISIS MENGENAI KEKUATAN HUKUM RISALAH RAPAT TERKAIT DENGAN PERJANJIAN OTENTIK DAN GUGATAN WANPRESTASI Juan Antonius Piekarsa; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6658

Abstract

An agreement is an event where a person promises to another person or where two people promise to do something. In an agreement, there are several legal aspects that become a condition for the agreement to be valid before the law. if one party does not implement one of the aspects of the agreement then that is known as a default. Breach of contract in a limited liability company that makes a contract with another limited liability company still has the possibility to be resolved in a minutes of meeting as in the event between PT Somit Trikonad and PT Timah Tbk. in this case we can see the force in effect of the minutes of the meeting in the agreement made by a limited liability company. Apart from the minutes of the meeting, it can also be seen that the valid force of the authentic deed in an agreement and the impact of the negligence of one party to the contract made.
OMNIBUS LAW DI INDONESIA: PERBANDINGAN HUKUM KENEGARAAN Alexandrio Adenfa
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.v4i2.17143

Abstract

Omnibus law in Indonesia has become a critical discourse both scientifically and practically. This discourse arises from the relatively rapid drafting and ratification of the Temporary Employment Law. The formation of this law uses the method of Collective Law because it contains the substance of many laws in one law. One of the fundamental problems facing Indonesia is the lack of rules, methods and techniques for drafting general laws. On the other hand, the techniques and methods of drafting these collective laws have been practiced in different countries in order to streamline the legislative process and organize regulations. However, citizen participation is becoming one of the fundamental deficits in terms of legal compliance with the bus and coach law. The objective of this article is to review and compare the omnibus legal concept used in selected countries using the United States and Ireland as a model. This article also looks at how to shape the ideal Omnibus Law by learning from the application of the Omnibus Law in other countries that first implemented it successfully. This study concludes that the omnibus laws in the United States and Ireland help to creating hyper-regulatory symptoms that are vulnerable and hamper economic development. The above comparison must be adapted to enact
IMPLIKASI HUKUM TIDAK DILAKSANAKANNYA PUTUSAN MAHKAMAH KONSTITUSI DALAM PERKARA PENGUJIAN UNDANG-UNDANG Andre Suryadinata; Toendjoeng Herning Sitaboeana
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6906

Abstract

The Constitutional Court is one of the branches of judicial power that has authority to adjudicate at the first and last level whose decision is final to test the law against the Constitution as regulated in Article 24C paragraph (1) of the 1945 Constitution. The final nature of  decision of the constitutional court is binding on the entire community since it was said in the Open Plenary Session. Therefore, decision of constitutional court that invalidates the validity of a law must be followed up by legislators in the cumulative list open to the national legislation program. But in practice there are 2 (two) decisions that have not been followed up, namely Constitutional Court Decision Number 31 / PUU-XI / 2013 and Constitutional Court Decision Number 30 / PUU-XVI / 2018. Based on this description, it will be examined regarding the legal implications of not implementing the Constitutional Court Decision in case of judicial review? The author examines the problem using the method of normative legal research with the statutory approach. From the results of this study, it was found that the non-follow-up of the two decisions had violated the principle of rule of law in concept of the rule of law, and caused the loss of the decision-making power, and was a form of neglect of principle of legal awareness. So it is necessary to make changes in stages of the Constitutional Court Law and the House of Representatives' Regulations on Rules of Procedure.
PENEGAKAN HUKUM ADMINISTRASI TERHADAP LIMBAH INDUSTRI FARMASI BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 (CONTOH KASUS: PENCEMARAN LIMBAH PARASETAMOL DI PERAIRAN JAKARTA) Novriyanti, Meidiana; Lengkong, Keyzia Betarli; Nagaria, Christopher David; Sitabuana, Tundjung Herning
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.v4i2.17148

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.
ANALISIS KEKUATAN UNSUR ITIKAD BAIK PADA PELAKSANAAN PENDAFTARAN MEREK DI INDONESIA (Studi Kasus Putusan Mahkamah Agung Nomor 364K/Pdt.Sus-HKI/2014) BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 Wilson Wijaya; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2181

Abstract

Brand is one part of intellectual property rights. Brand is an identifying mark that distinguishes one's property with another's property. However, there are many parties who have bad faith and want to be a part of other people brand’s fame. So they use the same brand name in order to make the goods produced is well-known. Brand is regulated in law number 20 2016 about brand and Geographical Indication. Therefore we need to register our brand to avoid the parties who have bad faith. The authors want to discuss the issue of the strength of good faith element in the registration of trademarks in the implementation of registration in Indonesia and also the protection for brand holders whose registration are rejected in Indonesia. Author will use normative method and refer to scientific books. The strength of good faith element in registering can be seen in Article 4 of the Trademark and Geographical Indications. For protection, brand holder can register it in advance, if it has been approve, the brand holder can submit claim cancelation that regulated in Article 77 to the Central Jakarta District Court to be reviewed and decided who the trademark is and be prove who has the element of bad faith. It is suggested that the original trademark owner's to register their trademark at brand office Indonesia. For foreign trademark owner, they can also improve their trademark to be a well-known brand.

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