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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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EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA TERHADAP SENGKETA PERTANAHAN MENURUT HUKUM POSITIF DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 188 PK/TUN/2018) Eva Fortuna Kasan; Rasji Rasji
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.v4i2.17944

Abstract

The administrative court is one of the courts under the judistrication of the judiciary which its task is to resolve disputes that occur both within the internal environment of State Administrative Officials as well as disputes that occur between State Administrative Officials and Individuals or Civil Law Entities. The disputes that often occur between State Administrative Officials and Individuals or Civil Legal Entities are regarding land disputes caused by the mistake made by State Administrative Officials, one of which is regarding overlapping land rights. As a result of the overlapping land rights, the dispute will be brought to the State Administrative Court to obtain tha permanent legal decision, the problem regarding the amount of decisions of the State Administrative Court that cannot be executed arise. Research shows the data regarding the regulation execution of State Administrative Court Decisions in Indonesia is weak. The efforts on forcing State Administrative Officials to execute court decisions that already have the power of permanent legal status have not been executed optimally. Therefore, Indonesia needs to formulate a new law that includes regulations for the execution of decisions of the State Administrative Court
ANALISA HUKUM ATAS TANAH HAK MILIK YANG TERLANTAR BERDASARKAN PERATURAN PEMERINTAH NO. 20 TAHUN 2021 TENTANG PENERBITAN KAWASAN DAN TANAH TERLANTAR Elbert Elbert; Gustianus Fernando
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.v4i2.17877

Abstract

Certificate of property rights is a letter of proof of ownership of property rights that acts as a strong means of evidence. However, property rights can be abolished if the land is abandoned or not utilized properly. As stipulated in Government Regulation No. 20 of 2021 concerning the Issuance of Abandoned Areas andLand, that land with property rights status becomes an object of abandoned land. The formulation of the issues raised is, the legal certainty of property rights that are designated as abandoned land and the Process of Settlement of Abandoned Land based on PP No. 20 of 2001. In this study the authors used this type of normative legal research, which is this study will find and also formulate legal arguments related to abandoned property rights land. The conclusions in this study show that property rights land is the highest pedestal of rights and strengthened by issuing certificates of property rights, but the power of the certificate cannot prevent the removal of property rights status into abandoned land, if the landowner does not utilize the land as the social function that has been established by Uupa No. 5 of 1960.
KEBIJAKAN PENCEGAHAN DALAM KEKERASAN SEKSUAL DI LINGKUNGAN PENDIDIKAN Adityo Saputra; 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.v4i2.17949

Abstract

Rise of sexual violence against children, especially in the educational environment, makes parents feel that the educational environment has become an unsafe place for students. Because sexual violence will have a traumatic impact on both children and adults. Seeing the consequences that will be experienced by children when they become victims of sexual violence is very woorrying, therefore there is a legal protection given to victims, namely children who experience sexual violence.
PERLINDUNGAN HUKUM BAGI PENGGUNA TRANSPORTASI ONLINE ATAS TINDAKAN PEMOTONGAN SALDO SEPIHAK TERHADAP PEMBATALAN PESANAN DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Marchelina Theresia; ve Wheni Setijawati Soemarwi
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.v4i2.17883

Abstract

Technological developments have had a great impact on the transportation sector, which can be seen in the provision of online transportation services. With the many conveniences provided for consumers who use online transportation, it is undeniable that the use of these services can cause a loss for consumers. Where there is a case of cutting balances for unilaterally canceling orders by online transportation service providers which makes consumers experience a loss. In this case the consumer feels aggrieved and demands compensation, but the online transportation party does not provide compensation as it should. This makes the online transportation party violate the regulations that have been regulated in Law Number 8 of 1999 concerning Consumer Protection. The purpose of this research is to find out how the legal protection for online transportation users is for the act of unilaterally cutting balances against order cancellations in terms of Law Number 8 of 1999 concerning Consumer Protection. This research uses normative legal research, with a legal approach. The results of this study indicate that online transportation service providers must provide compensation to consumers as a form of legal protection for unilateral cutting of balances against order cancellation
FAKTOR PENGHAMBAT KEBIJAKAN FORMULASI TRADING IN INFLUENCE SEBAGAI KORUPSI DI INDONESIA Sheryn Lawrencya; 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.v4i2.17954

Abstract

Trading Influence acts are non-mandatory offenses regulated in UNCAC and ratified by Law Number 7 of 2006 concerning UNCAC Ratification. Based on the cases that have occurred in Indonesia, the act of Trading Influence has actually developed in Indonesia, but is considered as “bribery”. Indonesia has not been able to ensnare the perpetrators of influence trading under the Corruption Law because there are no rules that regulate it, so there is legal uncertainty and a legal vacuum. This is due to the many factors that hinder the formulation of trading in influence policies in Indonesia. The research method used is normative using library materials or document studies for library research. This study looks back at what are the causes so that it is immediately regulated in Indonesia to be able to distinguish between bribery and the act of trading in influence in the context of overcoming corruption in Indonesia.
TANGGUNG JAWAB PENJUAL DALAM TRANSAKSI JUAL BELI ONLINE DITINJAU DARI HUKUM PERDATA (CONTOH KASUS: PUTUSAN NOMOR 183/PDT.G/2018/PN MDN) Kelly Kelly; Mariske Myeke Tampi
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.v4i2.17888

Abstract

Buying and selling between buyers and the Elipa Store throught the WhatsApp application can be considered valid as long as it fulfills the legal requirements of an agreement as regulated in article 1320 of the civil code. In a sale and purchase agreement, the parties must carry out their respective achievements that they have promised in the sale and purchase. If the seller does not carry out his achievements, how is the seller’s responsibility in online buying and selling transactions in terms of civil law (case example: decision number 183/Pdt.G/2018/PN Mdn)? in this paper, the author uses a normative approach by examining various existing library materials and also the results of interviews. In this example, the seller does not carry out his achievements in the form of submitting and delivering what has been ordered and paid for by the buyer, so the seller is considered to have defaulted. Not only that, in this study the author also found that in addition to default, the seller had also violated article 63 paragraph (1) of PP PMSE. With the loss arising from the seller’s actions, the seller must be responsible for his actions to bear all sanctions in accordance with the violations stipulated in the civil code and PP PMSE.
PERLINDUNGAN HUKUM BAGI PIHAK KREDITUR APABILA TERJADI WANPRESTASI YANG DILAKUKAN OLEH DEBITUR Tangkas Eka Putra; 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.v4i2.17959

Abstract

Before the creditor submits an execution auction request to the KPKNL, the creditor submits amicable steps to the defaulting debtor to pay off his debt immediately, if there is no good faith from the defaulting debtor to pay off his debts, the bank submit a mortgage execution auction to the KPKNL. After fulfilling the conditions stipulated in Article 11 of the Regulation of the Minister of Finance of the Republic of Indonesia Number. 27/PMK.06/2016 concerning Auction Implementation Guidelines, and if all are stated as complete and formally correct, the seller can determine the bidding method by including in the auction announcement and the place where the auction is held is in the position of the class II auction official where the goods are located. The timing of the auction is determined by the head of the KPKNL or a class II official. Legal protection for creditors is contained in Law Number 4 of 1996 concerning Mortgage Rights on Land and objects related to land. Lawsuits and opposition to the auction of mortgage executions, in principle, do not delay the execution of mortgages, but in fact have a juridical and legal impact. With a large economy, the purpose of the lawsuit against the auction is solely aimed at making it difficult for the Mortgage Holder to settle his receivables quickly. The lawsuit and opposition to the mortgage execution auction in principle does not delay the execution of the mortgage right, but it has a large juridical and economic impact. According to the author, the purpose of the lawsuit against the auction is solely aimed at making it difficult for the mortgage holder to settle his receivables quickly, and harming the auction buyer who has good intentions in controlling the mortgage object that has been purchased in a public auction.
URGENSI KEBIJAKAN PEMIDANAAN PEMBELI EKSPLOITASI SEKSUAL ANAK DALAM BENTUK PROSTITUSI PADA UNDANGUNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Niella Tasya Ullie; 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.v4i2.17911

Abstract

As the weakest and most vulnerable social beings in society, ironically, children are often put in a disadvantaged position, and become victims of a crime. One of the problems faced by children is the crime of sexual exploitation of children in the form of child prostitution. One of the reasons why child prostitution is increasing is the growing demand for the global sex market. Child sex buyers have a big hand in controlling child prostitution by creating a demand for it. Reflecting on the countries of South Korea, Philippines and Sweden which already have specific and firm national regulations in providing elements regarding the sexual exploitation of children and the punishment of buyers of child sex in the form of prostitution. This is what is needed to be accommodated in the current Child Protection Law in Indonesia by making clear, firm, and specific regulations so that it will not provide errors for all law enforcement officers in dealing with and resolving criminal cases of sexual exploitation of children in the form of child prostitution
PERLINDUNGAN KONSUMEN TERHADAP BARANG YANG TIDAK SESUAI DENGAN YANG DIPERJANJIKAN OLEH PELAKU USAHA MENURUT MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Markus Hamonangan; 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.v4i2.17964

Abstract

Consumer protection is regulated in Law No. 8 of 1999 on Consumer Protection. Article 4 explains that one of the rights of consumers is the right to comfort, security, and safety in consuming goods and / or services. Consumer protection efforts to ensure legal certainty to provide consumer protection so that consumers get their rights as consumers with consumer protection involving business actors aim to maintain the condition of the trading world so that conducive not to be full of violations and aim to keep business actors doing, as an effort to protect consumers, but has not been achieved optimally can be seen in the case of goods that are not in accordance with consumer orders, because business people send goods that are not in accordance with what is promised to consumers. The application of legal protection to consumers is not in accordance with the laws and regulations contained in Consumer Protection Law No. 8 of 1999, causing problems. The type of research used by the author is a legal research method for academic purposes This research examines various documents related to research. Authors use normative legal research methods using statute approach and case approach.
REFORMULASI KEBIJAKAN DIVERSI TERHADAP SELURUH TINDAK PIDANA YANG DILAKUKAN OLEH ANAK Lin Yan Che; 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.v4i2.17916

Abstract

The juvenile criminal justice system is required to apply a restorative justice approach in accordance with article 5 paragraph (1) of the Juvenile Criminal Justice System Law. One of the processes of restorative justice is diversion. Diversion is the settlement of child cases from the criminal justice process to the criminal justice process. The problem faced in writing this thesis is how is the formulation policiy for the application of diversion to all criminal acts committed by children? The research method used in writing this thesis is normative legal research. The results of the study indicate that the diversion applied in the Juvenile Criminal Justice System Act has not been fully applied to all types of crimes committed by children. Diversion in the Juvenile Criminal Justice System Law can be carried out in the event that the crime committed is punishable by a sentence of less than 7 (seven) years in prison and is not a crime. Children who commit crimes punishable by imprisonment for more than 7 years do not get the opportunity to diversify so that the application of diversion that uses criminal threats under 7 years creates problems with the principles that are best for children and nondiscrimination. This is because the diversion arrangement in Indonesia is different from countries such as the Philippines, Ireland, Thailand and South Africa in that there is no requirement to face the threat of imprisonment which causes children to lose their right to diversion. The four countries have provided appropriate protection for children to achieve the welfare and best interests of children in accordance with the general principles contained in the Convention on the Rights of the Child

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