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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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KEKERASAN SEKSUAL YANG TERJADI ANTAR ANAK DALAM PERSPEKTIF SISTEM PERADILAN PIDANA ANAK DI INDONESIA (STUDI PUTUSAN: PUTUSAN PENGADILAN NEGERI NOMOR 13/PID.SUSANAK/2019/PN SRG) Lionitya Herfiana; 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.v4i2.13653

Abstract

A child is a young human being below the age of puberty or below the legal age of majority. Children need to be taken seriously. However, as the most vulnerable and weak social beings, ironically, children are often placed in the most disadvantaged position, do not have the right to speak out, and they are often victims of violence and violations of their rights. We can also see from various mass media that almost every day various types of crimes occur, for example sexual violence. This crime can also be committed by anyone, whether children, elderly people, men or women. Sexual violence can be defined as an act or intimidation related to intimacy or sexual relations committed by the perpetrator against the victim by force, which results in the victim suffering physically, materially, mentally and psychologically. As a universal crime, this crime can be found all over the world, at every level of society, regardless of age and gender. The act of sexual violence by children that occurs is a problem that needs special attention by the government because it is related to the morality of the nation's generations. In this case the court which is the agency or institution that handles legal matters needs to pay attention to cases related to children, especially sexual crimes. Courts need to provide the most appropriate sanctions on children who commit criminal acts, especially sexual violence so that the perpetrators are deterred.
KEABSAHAN PERALIHAN HAK ATAS TANAH MELALUI JUAL BELI DI BAWAH TANGAN MENURUT HUKUM PERTANAHAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR: 376/PDT.G/2017/PN.TNG) Michelle Velisia; 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.v4i2.17117

Abstract

Land is one of the basic human needs and limited land can cause problems because it will encourage the purchase and sale of land and the process of land right switchover. The purchase and sale agreement is law that was born as a result of community needs. This research was conducted because there was one of decision that contained an incident that there hand been a sale and purchase of land in 1999 but used a receipt, the buyer hasn't has not transferred the name of the certificate and the seller's whereabouts are not found before the legalization of the sale and purchase is carried out so that the buyer files a lawsuit to the court and the buyer/plaintiff's request is granted because the seller/defendant did not come during the trial and did not send a guardian to come to the trial. How is the validity of the sale and purchase that is carried out using only proof of receipt without an authentic deed? The research method used by the author is a normative legal research method that is library research, examines the decision of the District Court Number 376/PDT.G/2017/PN.TNG and is associated with statutory regulations, case approaches, and conceptual approaches. Sources of data used in this study are primary and secondary data sources using data collection techniques used, namely interviews and literature study. Based on the research data, it is known that the legitimacy of buying and selling land rights under the hands that have not been carried out before the PPAT does not automatically become illegal according to law and shows that there are still people who have not legally bought and sold according to the law it is detrimental to the buyer that the sale and purchase of land should use an authentic deed because if it does not have an authentic deed, it cannot be renamed the certificate.
ANALISIS KASUS PEMBATALAN MEREK PATTA DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS. (STUDI KASUS PUTUSAN PENGADILAN NIAGA NOMOR 13/PDT-SUS-MEREK/2019/PN.NIAGA.JKT.PST) Renaldi Vietiamawan; 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.v4i2.16986

Abstract

Mark registration is very important, considering that the right to a mark as an exclusive right for the owner of a mark arises from the existence of registration. In practice, it turns out that a trademark that has been registered can be re-registered. The problems faced in writing this thesis are what is the method of trademark registration in Indonesia and the legal consequences if there is a double registration based on law number 20 of 2016 concerning Geografis Marks and Indications, how is the application of article 21 paragraph (1) letter (a) of Law no. 20 of 2016 related to the cancellation of the mark in the case NO. 13 / PDT, SUS-Mark / 2019 / PN. NIAGA. JKT, PST in the Decision of the Central Jakarta Commercial Court Number 13 / Pdt.Sus-Mark / 2019 / PN. Niaga. Jkt. PST. The research method used in writing this thesis is normative legal research. The results showed that the trademark registration method in Indonesia is constitutive, which means that trademark registration is an obligation to obtain the right to a trademark, because the right to a mark is given to the person or legal entity who registers the mark for the first time and obtains legal protection. On the other hand, the legal consequences can be punished with imprisonment of up to 5 (five) years and / or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah).
WANPRESTASI AKIBAT FORCE MAJEURE DAN PEMBAYARAN KOMPENSASI SISA KONTRAK KERJA PADA KARYAWAN PKWT (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 9 PDT.SUS-PHI/2020/PN BNA) Julius Taufik; Gunardi Lie
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.v4i2.17128

Abstract

Justice and social welfare are manifestations of efforts to achieve state goals as mandated in the 1945 Constitution of the Republic of Indonesia. In the implementation of justice and social welfare, the role of the community is required. To achieve this goal, the employment sector is needed to make it happen. The problem in the research raised by the author is a default due to Force majeure as a result of the Government's efforts to overcome the Covid-19 Pandemic based on Law Number 13 of 2003 concerning Manpower and Law Number 11 of 2020 concerning Job Creation.
KEBIJAKAN KRIMINAL DALAM MENANGGULANGI UPAYA MAKAR YANG DILAKUKAN OLEH ORGANISASI PAPUA MERDEKA (STUDI KASUS PUTUSAN PENGADILAN NEGERI NOMOR 1304/2019/PID.B.2019/PN JKT PST) Grace Angelia Soenartho
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.v4i2.17134

Abstract

The issue of racism against youth from Papua in Surabaya occurred in 2019, as a result of which the Papuan Youth demanded a referendum and led to acts of treason by raising the Morning Star flag and anti-red and white chants. So the main problem in this study is the form of criminal policy in dealing with acts of treason in Indonesia. The research method is normative law with the aim of writing to analyze criminal policies in tackling the crime of treason in Indonesia. The results of the research in this paper are the Jakarta District Court decided that the defendants fulfilled the elements of the crime of treason according to the Criminal Code, namely the element of every person, the element of treason, the element with the intention that all or part of the country's territory fell into the hands of the enemy and separated part of the country's territory and elements of those who committed, ordered do, participate in doing, then a criminal policy is taken through penal measures for violating Article 87 in conjunction with Article 106 of the Criminal Code. The penalty effort was chosen because the defendant was proven to have committed a crime that threatened the security and integrity of the Republic of Indonesia. The second effort is non-penal as a form of prevention or prevention by instilling Pancasila values, a sense of nationalism, and updating the rules of the Dutch colonial period into the RKUHP so that the existing Criminal Code regulations are more firm and clear. Therefore, institutions authorized to form rules regarding treason, so that the 2019 RKUHP can be discussed critically by taking into account the development of national, global law and the cultural development of society so that it can be well realized in legal justice in Indonesia.
ANALISIS KASUS PENCURIAN YANG DILAKUKAN OLEH ANAK BERDASARKAN ASAS RESTORATIF Riska Andini Hasnabila; 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.v4i2.17475

Abstract

This is an analysis of Court Conclusion Number 9/PID. SUS-ANAK/2016/PT.BDG, which examines whether the appellate court judge's ruling, which is based on the restorative justice concept, is appropriate. The research uses an analytical descriptive method with a normative juridical strategy to explain and investigate the elements that judges consider while making judgments. Because the judge evaluates the case based on restorative justice ideals, the appeal court judge's decision confirming the decision of the first-level court judges is the proper choice. The judge examines not only the attempt to have a deterrent impact, but also the best interests of children who are in trouble with the law, as well as the best interests of children who are not in dispute with the law.such as ensuring that children's educational rights are met and that they are not exposed to harmful influences that may lead to a return of crime. Education, health care, and advocacy for all children, regardless of origin, race, gender, disability, or ability, should be considered in the problem of children in confrontation with the law. The children are unable to acquire a decent education due to the prison's incapacity to provide proper education to its inmate
PERLINDUNGAN KONSUMEN TERHADAP PEMBATALAN TRANSAKSI SECARA SEPIHAK PADA MARKETPLACE MENURUT UNDANG - UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (KASUS: BAPAK SAYID TAHUN 2021) Silvya Marwah
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.v4i2.17978

Abstract

In this day, it is easy to obtain goods and/or services as needs that must be met because several platforms provide for the sale of goods and/or services that are much needed by the people themselves. One example of the platform itself is a marketplace. Marketplace is a gathering place between business actors and consumers on a website. The problem in this research is the legal protection for consumers who experience cancellation of transactions unilaterally according to law number 8 of 1999 concerning consumer protection. The research method used is normative research. Based on the results of the research, business actors must provide compensation to consumers, because they have violated consumer rights which have been regulated in Article 4 of the Consumer Protection Law.
PERMOHONAN IZIN POLIGAMI ATAS DASAR KETIDAKPUASAN PELAYANAN KEBUTUHAN SEKSUAL DITINJAU BERDASARKAN UNDANG-UNDANG PERKAWINAN (Studi Putusan Pengadilan Agama Sidoarjo Nomor 330/Pdt.G/2021/PA.Sda) Qothrun Nada; 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.v4i2.18023

Abstract

Marriage is a sacred bond that is tied to one's faith and belief in Allah SWT. A marriage can not only be based on desire or only to fulfill biological needs, but in a marriage bond contains the value of worship. One form of marriage that is often discussed in Muslim society is polygamy. For example, the application for a polygamy permit based on excessive sexual needs was filed at the Sidoarjo Religious Court and the judge granted all of the requests. The problem in writing this thesis is how to apply for a polygamy permit on the basis of dissatisfaction with sexual needs services? (Study of the Decision of the Sidoarjo Religious Court Number 330/Pdt.G/2021/PA.Sda)? in this study using normative research methods using a conceptual approach, a law approach and a case approach supported by data from a literature review and also interview data to strengthen the research. Polygamy has been practiced by mankind long before Islam came. But at this time Polygamy is a legal product of Islam whose aim is to achieve the ideal of order in a particular community. Therefore, polygamy cannot be eliminated. So that when the Petitioner applied for a polygamy permit on the grounds of having excessive sexual desire it was not appropriate because based on the provisions in Law Number 1 of 1974 concerning Marriage, Islamic Law, and the Compilation of Islamic Law, it can be concluded that the obligations of a wife in a household are not just to fulfill the sexual needs of husbands who have excessive sexual desire
HAK ATAS UPAH SELAMA PEMUTUSAN HUBUNGAN KERJA (STUDI KASUS: PUTUSAN PENGADILAN NEGERI TANJUNG PINANG NOMOR 26/PDT.SUS-PHI/2019/PN TPG) Diana Deborah; Gunardi Lie
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.v4i2.17983

Abstract

Termination of employment is one of the problems that often occurs in the working relationship between workers/employees and employers. The termination of an employment relationship is a very complex problem due to the worker/employees losing their livelihood. One aspect of the cause of the termination of the employment relationship is because the worker made a serious mistake and if the termination of employment is inevitable, they must follow Indonesian Labour Law Act 13 of 2003. The employers often take unilateral actions, by giving the warning letter and the consequences of termination of employment without asking for clarification from the workers who are involved. So in the event of termination of employment, many workers don’t get the rights according to the law. This research is normative with library research data collection techniques. Like a scale that is used as a symbol of justice, the judges must also weigh in order to fulfill the workers property rights, so that in this case the workers rights can be fulfilled.
IMPLEMENTASI STRATEGI PEMERINTAH DALAM PENANGANAN PANDEMI COVID-19 DALAM WILAYAH JAWA-BALI Ruth Elizabeth Marlamb Putri
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.v4i2.17480

Abstract

The Pandemic Coronavirus Disease (Covid-19) entered Indonesia on March 2, 2020 when the first positive case was confirmed against an Indonesian citizen. The impact arising from the Covid-19 pandemic on the life of the nation and state in Indonesia is very large, affecting various sectors, namely health, economy, law, religion, culture, and so on. This has prompted the Government of Indonesia to make various efforts to overcome this Pandemic, including the making of laws and regulations related to Covid-19, Large-Scale Social Restrictions (PSBB) carried out by the Central Government and Regional Governments in monitoring the spread of Covid-19 in Indonesia and policies issued by the government as a government approach to the community through the Provision of Social Assistance Funds and so on. All of this is done with the hope that the Covid-19 pandemic problem can be resolved soon. However, along with the implementation process, it is undeniable that a number of problems also arise. The changes that occur to the legal system in Indonesia force people to adapt to a new habit which is certainly difficult to do, especially for people whose economy can be categorized as poor.

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