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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 MEREK TERKENAL ASING DI INDONESIA (STUDI KASUS PUTUSAN MAHKAMA AGUNG NOMOR: 165/Pdt.Sus-Hki/2016 DAN PUTUSAN MAHKAMA AGUNG NOMOR: 557K/Pdt.sus-HKI/2015) Ronald Kurniawan; Simona Bustani
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.v2i2.6702

Abstract

The first dispute with Case Number MA Decree 557 K / Pdt.Sus-HKI / 2015 that occurred between the designer clothing (designer) from France, Pierre Cardin owner of the Brand Business Pierre Cardin as the claimant, whose brand is a popular brand and has been used since the beginning In March 1974, in this matter the prosecutor against the defendant Alexander Satryo Wibowo, was a local businessman who owned the Trademark Pierre Cardin, who had registered his trademark since July 29, 1977 in Indonesia, where there were similarities in essence or overall in the use of the trademark between the claimant and defendant. Therefore Pierre Cardin, hereby as the prosecutor, demanded the cancellation of the registered mark Card Pierre Cardin used by the defendant, against this demand the Commercial Court at the Central Jakarta District Court has determined the determination of Ms. 15 / Pdt.Sus-Trademark / 2015 / PN.Niaga.Jkt .Pst., Dated June 9, 2015 which in the main issue rejected the claim of the prosecutor for the whole. Furthermore, the Plaintiff requested the appeal of the appeal to the Supreme Court. Legal remedies requested by the claimant in accordance with the provisions of Chapter 6 point (3) letter b of Law Number 15 of 2001 concerning Trademarks. In carrying out the appeal appeal law, the Supreme Court has decided on decision number 557 K / Pdt.Sus-HKI / 2015 which in its stipulation stipulates rejecting an appeal request from the appealer Pierre Cardin.
ANALISIS ACTIO PAULIANA DALAM KEPAILITAN TERKAIT PEMBERIAN FASILITAS KREDIT TERHADAP PERUSAHAAN DENGAN JAMINAN ATAS NAMA DIREKSI Salvian salmon; Christine S.T. Kansil
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.v1i2.2912

Abstract

The Actio Pauliana legal institution was formed in Article 41 and Article 42 of Law Number 37 of 2004 concerning Bankruptcy and Delay of Obligations to Pay Debt with the aim of avoiding legal actions that could harm creditors in their legal relationship with bankrupt debtors. The case of actio pauliana also occurred in the bankruptcy of PT Sumber Urip Sejati Utama, so this study uses normative descriptive analytical research methods with case studies. Actio pauliana's law enforcement is very difficult to do, in the case of the author, Actio Pauliana is actually in accordance with the relevant law, but requires strong evidence because the judge prioritizes formal proof. Regarding differences in decisions, this occurs because of the consideration of a judge who is lacking in the first level court so that it is canceled at the appellate level, whereas this occurs because the curator's evidence is still lacking. The author concludes that at this time, proof of actio pauliana in the case that the author adopted was in accordance with the relevant law but the verification by the curator must be done formally. While the differences in decisions at the first level court and cassation occur because the judge prioritizes legal certainty.
EFEKTIVITAS PERAN LEMBAGA NEGARA INDEPENDEN DALAM PEMBANGUNAN GOOD GOVERNANCE DI INDONESIA Yudith Ridzkia; 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.v4i2.13567

Abstract

The existence of state auxiliary organs also known as independent state institutions is a state institution within the Indonesian constitutional structure that is capable of creating a good governance in Indonesia. Independent state institutions were formed to carry out various aspirated changes where their existence is mentioned in the 1945 Constitution, specifically the Judicial Commission, the General Election Commission, Komnas HAM, the Public Information Commission, the National LawCommission, and the Corruption Eradication Commission (KPK). This research is intended to solve the problems about the effectiveness of the existence of independent state institutions or state auxiliary agencies for the development of good governance concept in Indonesia. This research was made through a normative manner, whereas it was derived from primary and secondary legal materials obtained from a statutory approach and an analytical approach which would then be concluded through deductive thinking. The results showed that the existence of these institutions is a few implications of the reform era which illustrates that the winds of change are bringing this nation towards real change. Since the birth of various kinds of independent state institutions, there are indications that these institutions haven’t functioned effectively and efficiently in dealing with various problems within the state. This is due to the high public suspicion of the existing state institutions because they’re considered not functioning optimally, especially in supporting the reform agenda.
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA Sally Dian Nastity; 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.v4i2.17155

Abstract

The study's goal is to look at legal protection for children from a human rights standpoint. According to the findings, bullying in the form of physical, psychological, and sexual violence continues to be the most common kind of violation of children's rights. This research adopts the literature research method to collect relevant legal materials Children's legal protection is a barometer of a country's civilization. Human rights breaches include ignoring children's rights. Child protection refers to any efforts intended to ensure and protect children's rights so that they can live, grow, develop, and contribute to their full potential in a manner that is consistent with human dignity.In terms of human rights, how can the law be enforced against children? The goal of law enforcement is to provide victims with legal certainty and to prevent harm against minors. There are laws in Indonesia that control child protection. There are laws in Indonesia that control child protection, such as Law 35 of 2014 on Amendments to Law 23 of 2002 Concerning Child Protection., such as Law 35 of 2014 on Amendments to Law 23 of 2002 Concerning Child Protection. Legal arrangements on children's rights, such as the Convention on the Rights of the Child and Law Number 35 of 2014, should be even more assertive in terms of implementation and sanctions if a government collapses in enforcing them so that the current irregularity in the enforcement of legal arrangements on children's rights in various fields can gradually be stabilized.
PERLINDUNGAN KONSUMEN TERHADAP KETIADAAN LABEL HALAL PADA PRODUK FARMASI MENURUT UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL Hendrian Wulansari; Anna Maria Tri Anggraini
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.v1i1.2186

Abstract

This study discusses consumer protection against the absence of halal label on pharmaceutical products according to Law No. 33 of 2014 on Halal Product Guarantee. Based on the existing findings that the presence of medicinal products are still many who use materials that are not kosher. Therefore, an effort is needed to provide consumer rights protection to the certification and labeling of halal products. The problem why in the pharmaceutical products are not included halal label? How about consumer protection against pharmaceutical products that do not include halal label? Ingi research method using normative legal research methods. The result data showed that the absence of halal label on pharmaceutical products due to the factors that influence it is because of the difficulty of finding replacement materials for medicines because 90 percent of the drugs are imported from other countries where there is no guarantee of halal. In the near future the producers of drugs are also experiencing constraints because they have to conduct research on raw materials because of the difficulty of the origin of the material also has its own complexity so it takes a long time. On the other hand, the equipment used for the production process, production site, processing, storage, packaging and sales and presentation should be made separately between halal and non-halal certified products / products. Consumer protection against pharmaceutical products that do not include halal labels should have 3 (three) supervisory systems that are preventive by looking at enrollment activities, with special supervision of food cases, medicines and kosher cosmetics that can result in widespread impact and incidental surveillance systems namely the process of supervision by law enforcers on halal food safety and safety done by means of sudden inspection (sidak). There needs to be a systematic joint effort of the government and relevant stakeholders to encourage the maker of halal drug products and raise awareness of the Muslim community about the importance of halal products. It aims to protect Muslims from consuming unlawful products.
KEPASTIAN HUKUM KEPEMILIKAN SURAT IZIN GANGGUAN BIDANG USAHA MUSIC ENTERTAINMENT ATAU MUSIC STADIUM DITINJAU BERDASARKAN PERATURAN GUBERNUR NOMOR 101 TAHUN 2013 (STUDI PUTUSAN: PUTUSAN MAHKAMAH AGUNG NOMOR 2430K/PDT/2018) Indi Bintang; Ahmad Redi
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.v2i2.6911

Abstract

One of legal issue of business licensing occur in the Supreme Court Decision Number 2430 K/Pdt/2018 which basically contains a civil dispute between the Management of PT Wahana Agung Indonesia Propertindo (WAIP) with PT Mata Elang International Stadium (MEIS). In the judge's legal considerations, PT MEIS was declared default because during the holding of the concert / event in the room rented from PT WAIP, they still didn/t have the nuisance permit. But in their legal considerations, the Panel of Judges wasn’t careful enough in determining the legal basis. Then how is the legal certainty regarding to the possession of the nuisance permit in the field of music stadium business? How does the Government play a role in a way to overcoming uncertainty in the aspects of business licensing nowadays? To answer both questions, the author uses a normative research method, supported by statute approach and case approach. Legal certainty has not been achieved because there is an inaccuracy because the Panel of Judges didn’t consider the Governor Regulation of the Jakarta Special Capital Region Number 101 of 2013 which is an implementation instruction from Regional Regulation of the Jakarta Special Capital Region Number 15 of 2011. wherein the Governor Regulation of the Jakarta Special Capital Region Number 101 of 2013 further stipulates the terms of business locations that require a nuisance permit and concerning the nuisance criteria referred to in both of the legal regulations, and when referring to the provisions regarding the business location and the nuisance criteria referred to, PT MEIS doesn’t require an nuisance permit in conducting their business.
PELAKSANAAN PENYALURAN ZAKAT OLEH BAITUL MAL ACEH SEBAGAI PENDAPATAN ASLI DAERAH DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2006 TENTANG PEMERINTAHAN ACEH Ristyana Tri Hastuti; Ahmad Redi
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.v1i1.2201

Abstract

Aceh is a province in Indonesia granted with a special authority to govern and manage its own government affairs. Among the special authorities is to include zakat into the locally-generated revenues. The provisions of zakat as locally-generated revenues are set out in Law No. 11 of 2006 on Aceh Government. The Baitul Maal is established by the Qanun to manage the zakat funds. The currently emerging issue is Article 10 of Governor Regulation No. 2015 stating that zakat can be distributed prior to the passage of APBA (Aceh local budget). The central issues are whether zakat can be distributed without passing through the APBA mechanism and what is the ideal arrangement for the zakat. The present study used the normative research method by utilizing secondary data supported by interviews. Results showed that the zakat funds could not be distributed prior to the approval of APBA since the officials in charge of it were reluctant to act accordingly.  Furthermore, zakat should ideally be regulated to be special  locally-generated revenues, rather than including it into the locally-generated revenues, in order not to delay its distribution.
ANALISIS TERHADAP PERMASALAHAN HUKUM PENGUASAAN TANAH DENGAN HAK GUNA USAHA DI KALIMANTAN (STUDI PUTUSAN: PUTUSAN MAHKAMAH AGUNG NOMOR 121 K/TUN/2017) Nadhil Rifqi Izhhar; Hasni Hasni
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.v2i2.6916

Abstract

The law of the land Indonesia in the act of no. 5 1960 basic provisions concerning this agrarian law based on article 33 paragraph 3 constitution of the Republic of Indonesia 1945. In long-term development the role of land to meet various purposes will increase, good as a live and for business activities.  The high level of demand will ground , present us on various problems quaint and still unsolved in an unsatisfactory manner for all parties. Usage rights business have had the use as agricultural land, fisheries, or farmers usage rights a business are also was in directly controlled by the state with a term 25 years or 35 years old and if necessary it could be prolonged 25 years, the broad at least usage rights business at least 5 acres. The various kinds of problems land around land and land together have a Cultivation Rights Title itself such a delicate and complicated it feels conflict land that is just keep on coming from the opening of the land and forest , damage to the customary overlapping permission and many other conflict certain harming other parties. The results of the investigations and analysis Forest Watch Indonesia has indicated the occurrence of violations of related to the licensing of some companies by the district government Long Bentuq area. Forest watch indonesia found the existence of overlapping permission between companies the oil palm with a company from various sectors which are all active operating in the same location but it happened to the forest customary, eviction cemetery land and sengon and cocoa plantations belonging to society is in the village Long Bentuq. The approach used by the writer among others is the approach comparative and law.
PERLINDUNGAN HUKUM TERHADAP HAK KONSUMEN TERKAIT PENYALAHGUNAAN ALAT KESEHATAN RAPID TEST ANTIGEN BEKAS BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Oldriana Lavenia Kumurur; 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.v4i2.13574

Abstract

The Indonesian government has an obligation to protect every citizen in any situation and condition. Protection from the government must be given to the community if there is an impact, not only to the community but also to an impact that occurs in the economy and politics on the government. Since March 2020 until now, Indonesia is facing a coronavirus pandemic. Due to the virus, the government issued Government Regulation Number 21 of 2020 concerning Government Regulation (PP) concerning Large-Scale Social Restrictions in the Context of Accelerating Handling of CoronaVirus Disease 2019 (COVID-19). One of the policies is the rapid antigen test to prevent the spread of the virus and as a condition for traveling outside the city. In addition to being regulated by the Minister of Health, consumers are given protection according to Law Number 8 of 1999 concerning Consumer Protection. Consumers are given rights that are guaranteed and protected by the government in Article 4 of the consumer protection law. Despite having two regulations, it turns out that in the field there are still cases of misuse of medical devices by the perpetrators. One of the business actors who abused the rapid test medical device at Kualanamu Airport, North Sumatra. The formulation of the problem in this study is how the legal protection of consumer rights related to the misuse of used antigen rapid test medical devices is based on Law Number 8 of 1999 concerning Consumer Protection. The method used; normative juridical, with the types and sources of secondary, primary, tertiary data. The results of the research are that consumer protection in medical devices for rapid tests is still lacking in supervision and guidance, resulting in violations of the law in the health sector and harming many consumers.
PERLINDUNGAN HAK WARGA NEGARA ATAS LINGKUNGAN HIDUP YANG SEHAT DIKAITKAN DENGAN MANFAAT PENERIMAAN NEGARA DARI PRODUKSI ROKOK Billy Samuel; Rasji .
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.v1i1.2206

Abstract

Cigarettes is a culture that has existed since time immemorial and has come down to the heir of the nation to this day, cigarettes which initially is a habit that is done to fill the vacuum of time, has now turned into something that makes people dependence on cigarettes. Therefore based on the 1945 Constitution of the State of the Republic of Indonesia in Article 28H paragraph (1) states that the right of citizens to obtain a good and healthy environment, and get good health services, need to be regulated further about health, especially the imposition cigarette. Now cigarettes that use tobacco which is one of addictive substances, has been regulated further by Law Number 36 Year 2009 About Health which is one of the realization of the ideals of the Constitution Article 28H Paragraph (1). However, control isn’t enough, in fact the government only carries the imposition of excise products that containing addictive substances. The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed deductively. In addition, the theory of the legal system not only refers to the substance of the law but also supported the legal culture that is more directed to the attitude of society, public confidence, values adopted by society and their ideas or expectations that determine how the legal system to obtain a place that is appropriate and acceptable to citizens within the framework of better society culture for Indonesia.

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