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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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ANALISIS PENERAPAN PEMIDANAAN PERBUATAN BERLANJUT DALAM PUTUSAN HAKIM MAHKAMAH AGUNG NOMOR 217 K/Pid/2020 Ronald Septian Mandiri
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.v4i2.17005

Abstract

Every country determines its own legal system without being influenced by other countries, criminal law is “Ultimate Remedium” or last resort in resolving a case in court, criminal law aims to: to protect the public interest, in the book of the Act. Criminal law is known to be concurrent, especially continuing acts. Continuing action is between several actions standing alone so that they must be seen as actions continue. In this case, there is a case of criminal prosecution for continuing the decision of the Supreme Court Judge Number 217 K/Pid/2020. How analysis of the application of criminal prosecution continues in the judge’s decision Supreme Court Number 217 K/Pid/2020. The author examines the problem using normative legal research methods. Data from the research shows that the decision of the Supreme Court to punish the act continues to impose the law is not right. The judge’s decision in his decision considers what judges are supposed to do.
KEADILAN HUKUM DALAM MEMPERTIMBANGKAN POST TRAUMATIC SYNDROME DISORDER PADA PENJATUHAN PIDANA DALAM PENGADILAN TINGGI NOMOR 9/Pid.SusAnak//2020/PT DKI Syarah Alfiatin; Hery Firmansyah
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.v4i2.13594

Abstract

As the law states, Indonesia has the purpose of protecting the entire Indonesian nation and all Indonesian bloodshed. It is clearly stated in the constitution of the republic of Indonesia that those who face legal issues, especially children, must get their fundamental rights while serving a sentence. In imposing criminal sanctions on children also, the judge must pay attention to children’s needs and rights. Besides, parents and state social workers must have a role ensuring the protection of the children. It becomes more crucial when the children have a mental disorder and must get continuous treatment as stipulated by law. In the children’s perspective, beyond the fact that whether the children act as perpetrators or victims, the children are still the victim. They can be the victim of parental neglect, misleading parenting, and even the lack of parental supervision. All these situations lead the children to commit law – violating acts. Children with Post Traumatic Syndrome Disorder must get a sense of security either from both parents or the state. The children must get social rehabilitation as special treatment until they recover from their mental disorder.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG TIDAK MENERIMA PEMBELIAN PRODUK JASA BERUPA TIKET KONSER DARI PELAKU USAHA MELALUI MEDIA SOSIAL DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Elisabeth Haryani; 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.v4i2.17011

Abstract

Over time, the purchase of goods/services can now be made online. One of them is the various type of services offered by business entities to the consumers. Proxy purchase/parallel trade/on-selling is one of the services sought by customers to fulfill their needs and wants. In this case, consumers use ticket on-seller service to obtain a concert ticket. Ticket on-selling offered through social networking sites often does not go smoothly and caused losses to the consumer. Therefore, consumers need legal protection to protect their rights and signify what kind of responsibility should be borne to the business entity that does not fulfill its promise. Referring to the case, the author conducted a study using the normative method. The result of the study suggested that the consumer can file lawsuits in court or resolve disputes outside the courts through authorized institutions. Considering that there are currently no regulations regarding electronic commerce and transaction over social networking sites, the author also suggests that the government make special regulations regarding electronic commerce to avoid similar transactions involving electronic system transactions.
ANALISIS PEMBUKTIAN PERJANJIAN SEWA MENYEWA GUDANG SECARA LISAN DALAM PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 2368 K/PDT/2019 Kenny Joshua; Endang Pandamdari
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.v4i2.13593

Abstract

Whereas in the lease agreement, both oral & written, there are elements that must be carried out by the respective parties that bind themselves to one another, where if one of the parties does not fulfill its obligations as agreed in the beginning, then the act will cause default. This thesis discusses the warehouse lease agreement which was carried out verbally that occurred in Mempawah City. Making a verbal agreement is a habit of the people in the area because they prioritize their trust in each other. The problem raised in this thesis is the proof of the warehouse lease agreement which is carried out orally. In the court of first instance and the appeal level the oral agreement was declared invalid and could not be proven. Then in the Decision of the Supreme Court Court Number 2368 K / Pdt / 2019, then the oral agreement was declared valid and the defendant was declared default. The form of research in this thesis is normative legal research with qualitative and descriptive methods. This study concludes that an oral agreement based on the concept of contract law adopted by Indonesia is indeed valid and binding once there is an agreement so that the oral agreement in the case can be said to be valid. Meanwhile, the statu
TINJAUAN PERLINDUNGAN HAK TUNGGAL PEMEGANG MEREK DAGANG TERKENAL CROCODILE (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 74 PK/PDT.SUS-HKI/2019) Bobbie Khoman; Jeane Neltje Saly
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.v4i2.13634

Abstract

In Law Number 20 of 2016 concerning Marks and Geographical Indications Article 1 Paragraph (5) it has been explained that the right to a mark is an exclusive right granted by the state to the owner of a registered mark for a certain period of time by using the Mark itself or giving permission to another party to use it. However, in the implementation, disputes often occur between parties, especially regarding the rights to this mark. This dispute also raises questions regarding legal protection for trademark rights holders and how the judge's considerations relate to the decision of a trademark dispute. So it’s necessary to study which aspects can be considered as conditions for a mark to be canceled or removed to ensure legal protection for the parties who own the rights to the mark and also in an effort to achieve legal certainty itself. The type of research is normative research. To support this research, the author uses the type of literature study research. The method used is using a statutory approach and a case approach. It turns out that based on the results of the study, it can be seen that the conclusion is the applicable law is sufficient to regulate trademark rights, but it is necessary to reoptimize the application and implementation of this law by the parties concerned. Trademarks as a product of intellectual results of certain parties must be guaranteed and protected by the state, one of which is to advance the country.
KEKUATAN HUKUM AKTA JUAL BELI YANG DATANYA MERUPAKAN DATA PALSU (STUDI KASUS PUTUSAN PENGADILAN NEGERI DEPOK NOMOR 226/PDT.G/2018/PN.DPK) Shela Oktaharyani Harahap; benny Djaja
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.v4i2.17084

Abstract

PPAT has a very important role in land registration, namely helping the Head of Regency/Municipal BPN to carry out certain activities in land registration, but in practice there is falsification of data either carried out by an observer or other party. The problem faced is how the legal force of the sale and purchase deed whose data is false data based on the Depok District Court Decision Number 226/Pdt.G/2018/PN.Dpk; and how the PPAT is responsible for the sale and purchase deed which is declared null and void by the court. The research method used in this paper is a normative juridical research method. The results of the study indicate that there is actually a juridical defect in AJB No. 156/8/Sawangan/1997 dated July 28, 1997 made before Soekaimi, S.H., PPAT for the Bogor Regency area so that the deed does not meet the material requirements of an authentic deed and results in the cancellation of the deed by a court decision Regarding the PPAT's responsibility for the sale and purchase deed which is declared null and void by the court, of course there is a responsibility that must be carried out by a PPAT, be it administrative, civil, or criminal responsibilities.
KOMITMEN INDONESIA DALAM PARIS AGREEMENT BERDASARKAN UNDANG-UNDANG NOMOR 21 TAHUN 2014 TENTANG PANAS BUMI Handi Herawan; 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.v4i2.13640

Abstract

The adverse impact of climate change is a major threat to human life and the environment, therefore it is the duty of the State to protect its citizens. Indonesia is one of the countries that signed the Paris Agreement on 22 April 2016, The Paris Agreement is in the United Nations Framework Convention on Climate Change (UNFCCC) on greenhouse gas emission mitigation, adaptation, and finance in Paris in 2015. Indonesia's role in the Paris Agreement convention is committed to reducing greenhouse gas emissions by 29% under any effort or business as usual (BAU) by 2030 and can be increased to 41% with international cooperation. The binding power of the Paris Agreement convention is based on the principles of International Law Pacta sunt servanda. The legal basis for pacta sunt servanda is regulated in Article 26 of the 1969 Vienna Convention on the Law of Treaties, in Article 26 pacta sunt servanda means that every treaty in force is binding on the countries that are members of the treaty and must be implemented in good faith. Indonesia has laws and regulations for the formation or development of geothermal energy or environmentally friendly renewable energy related to the Paris Agreement convention, one of which is Law number 21 of 2014 concerning geothermal energy.
PENERAPAN SANKSI PENYALAHGUNAAN NARKOTIKA DITINJAU DARI SURAT EDARAN MAHKAMAH AGUNG NOMOR 4 TAHUN 2010 TENTANG PENEMPATAN KORBAN PENYALAHGUNAAN DAN PECANDU NARKOTIKA KE DALAM LEMBAGA REHABILITASI MEDIS DAN REHABILITASI SOSIAL (STUDI PUTUSAN NOMOR 56/PID.SUS/2019/PN/SDA) Chrysto Fransco Siletty; 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.v4i2.17100

Abstract

The State of Indonesia is one of the countries with the concept of the Supremacy of Law, namely the law is above all, the law is used as the superiority of the rules of the game in a country or can be called a state of law (rechtsstaat). Therefore, Indonesia is a legal state that obeys the rules contained in the laws and regulations that apply in Indonesia. Law is an absolute thing owned by a country regardless of the system used by the country, as stated in Article 1 Paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia stating that the Indonesian State is based on law, not based on mere power. Based on the contents of this thesis, there are problems, namely How to Implement Rehabilitation Sanctions for Narcotics Criminals in Indonesia Judging from Law Number 35 of 2009 in conjunction with the Circular Letter of the Supreme Court Number 4 of 2010 Rehabilitation Sanctions for Indonesian Narcotics Crime Perpetrators Judging from Law Number 35 of 2009 in conjunction with the Circular Letter of the Supreme Court Number 4 of 2010. Based on the research data as follows: That he is the defendant ARDIANSAH BIN Alm. ARIFUDDIN, on Monday 05 November 2018 at around 23.00 WIB or at least in November 2018 or at least sometime in 2018.
GANTI KERUGIAN TERHADAP KORBAN KECELAKAAN LALU LINTAS BERDASARKAN UU NO.22 TAHUN 2009 (STUDI PUTUSAN PENGADILAN TINGGI YOGYAKARTA NOMOR: 10/ PDT/ PT YYK) Ghina Ramadhania Poetri; Amad Sudiro
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.v4i2.13646

Abstract

Traffic accidents inevitably take victims who feel harmed by certain parties. Traffic accident victims have the right to get compensation by the party responsible for the cause of the traffic accident. The driver who commits an unlawful act that causes a traffic accident that causes harm to the victim must compensate for the loss that has violated the law and caused a loss, then he is obliged to compensate for the loss. This research discusses compensation for victims of traffic accidents based on law number 22 of 2009. The problem faced is What is the legal responsibility system for traffic accident victims based on Law Number 22 of 2009. In addition, how to settle compensation for victims of traffic accidents in the Yogyakarta High Court Decision Number: 10/ Pdt/ Pt Yyk. The research method used is a normative juridical research method. The results show that in the system of legal responsibility for victims of traffic accidents based on Law number 22 of 2009 namely by providing compensation in accordance with criminal provisions in accordance with court decisions and providing sanctions against the Defendant. In this case, if the victim of a traffic accident wants to claim compensation for the losses he suffered, he can combine the case to be filed in a civil lawsuit.
ANALISIS PEMBERIAN INSENTIF PAJAK PENGHASILAN PELAKU USAHA MIKRO, KECIL, DAN MENENGAH (UMKM) TERDAMPAK PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19) Wulandari, Santi; Redi, Ahmad
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.v4i2.17108

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.

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