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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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AKIBAT HUKUM APARATUR SIPIL NEGARA YANG MELAKUKAN KEJAHATAN BERHUBUNGAN DENGAN JABATAN DI TINJAU DARI UNDANG – UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA (STUDI KASUS : PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR37/G/2018/PTUN.PDG). Boby Harnendi Putra
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.v4i2.17969

Abstract

Aparatur Sipil Negara is a Indonesian government institution that was created with the aim of running the government to realize the ideals of the nation, Aparatur Sipil Negara consists of civil servants and government employees with work agreements (PPPK), behind its implementation function as the assistance of the Indonesian state, on the other hand, Aparatur Sipil Negara is not immune from criminal acts, as for the criminal acts discussed are crimes related to positions, crimes committed by the state civil Apparatus have a direct impact on the community, it is like a stalled development, slowing economy and much more, Aparatur Sipil Negara who is proven legally and convincingly to commit a crime related to the position, will be immediately given legal sanctions,as for the legal sanctions, they can be in the form of sanctions in accordance with Kitab Undang – Undang Hukum Pidana until Undang – Undang Tindak Pidana Korupsi, further information regarding the sanction of dismissal that will be imposed on Aparatur Sipil Negara who commits a crime of office crime that will be carried out by a government agency like President, Minister, Governor, also Regent. Does not end there, Komisi Aparatur Sipil Negara and Badan Kepegawaian Negara also participate in making proposals as well as supervising Aparatur Sipil Negara working in the government.
ANALISIS YURIDIS TERHADAP PENOLAKAN PERMOHONAN PRAPERADILAN RAVIO PATRA BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1981 TENTANG HUKUM ACARA PIDANA Catherina Amanda 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.v4i2.17921

Abstract

The competent authority's coercive efforts made in the investigation and prosecution can be controlled through pretrial institutions. The purpose of this institution was formed so that the rights of suspects can be protected, especially in terms of arrest or unlawful detention and termination of investigation or prosecution. Even though the institution has been regulated in positive law, but in its application, there are still weaknesses both in the formulation and in its application in the Court so that there is no protection of rights human rights for the suspect. In practice, it often happens that the submission of a pretrial application by the suspect or his family or the other party on the authority of the suspect regarding the validity of the arrest or detention, before the pretrial examination is completed, becomes invalid because the main criminal case has already begun to be tried. This results in the suspect remaining in custody. At the same time, the possibility that the pretrial will give a decision on the arrest or detention is invalid. This harms the suspect, the image of the law, and justice. Pretrial has expanded its powers. The expansion of the pretrial authority can provide more functions than the pretrial institution itself. Besides the expansion of authority, it is more important to protect the human rights of suspects in the future. The author uses normative legal research methods. With conduct an assessment through library research and secondary data by studying books, journals, internet sites, laws and regulations, doctrines, and other documents related to the object of research. Primary data is data obtained from the results of direct research conducted through interviews.
PEMBERIAN KOMPENSASI UANG PESANGON TERHADAP TENAGA KERJA DALAM PERJANJIAN KERJA WAKTU TERTENTU Michele Fedryca; 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.v4i2.17974

Abstract

An employment agreement is an agreement that occurs between workers and employers in written form that contains points of the rights and obligations of both parties in accordance with applicable laws. The agreement is made between the Employer and the Worker. In its arrangement, the employment agreement is divided into an indefinite employment agreement with a fixed term employment agreement. Both agreements relate to employee status. Where the status of employees concerns their rights as workers. One of them includes severance pay. In the world of work, it is not uncommon to find inconsistencies in the rights and obligations of both employers and workers. In this writing, the author finds several things that cause the non-fulfillment of labor rights that are not given fairly by the employer.
ANALISIS YURIDIS PERTIMBANGAN HAKIM TERHADAP PENJATUHAN PIDANA PEMBINAAN DALAM LKSA KASUS PEMBUNUHAN BEGAL OLEH SISWA SMA DI MALANG (STUDI PUTUSAN) Cherry Angella Haryono
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.v4i2.17476

Abstract

Unintentional homicide is a murder that is carried out unintentionally and is a form of crime whose consequences are not desired by the perpetrator, because of the negligence of the perpetrator from the act, a result is categorized as a criminal act. In this error, the perpetrator is not aware of his actions and has no intention to harm the victim, but due to his negligence and carelessness, his actions cause the loss of another person's life. Crime is an intentional act or negligence in violating the criminal law, the law determined in legislation and jurisprudence, carried out not for self-defense and without justification, and determined by the State as a serious crime (felony) or a minor crime (misdemeanor). Self-defense is an action in self-defense or self-defense is an act of self-defense, defending property or wealth from others that can harm physically. Article 49 paragraph (1) of the Criminal Code regulates the actions “emergency” defense (noodweer) for themselves and for others, decency, honor or property themselves or others, because an attack or threat of attack is very close. According to this article people World Health Organization do defense emergencies can not be punished. Factors That Makes Working Out Perpetrators of Criminal Punishment by Penal Code are: Ontoerekenings- vatbaarheid (an inability responsible), Overmacht (necessity) forced or emergency, Noodweer (urgent advocacy), Wettelijk voorschrift (command laws), bevel Ambtelijk (command term).
ANALISIS PERBEDAAN PERTIMBANGAN HUKUM HAKIM DALAM MEMUTUS PERKARA YANG SAMA (STUDI KASUS: PUTUSAN PTUN PONTIANAK NOMOR 25/G/2020/PTUN.PTK DAN PUTUSAN PTTUN JAKARTA NOMOR 106/B/2021/PT.TUN.JKT) Gabriella Samantha G.M.; 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.v4i2.17979

Abstract

Land registration is carried out to provide legal certainty for holders of land rights, therefore the Government requires land registration as contained in the Basic Agrarian Principles. After land registration is carried out, the holders of land rights will get a certificate as strong evidence. The certificate is issued by the National Land Agency in accordance with Government Regulation No. 24 of 1997 concerning Land Registration. In practice, there are still problems related to land certificates, which is overlapping land rights certificates. Pontianak Administrative Court (PTUN) Decision Number 25/G/2020/PTUN.PTK and the State Administrative High Court Jakarta (PTTUN) Decision Number 106/B/2021/PT.TUN.JKT are examples of cases regarding overlapping land rights certificates, causing problems that need to be studied further, namely regarding what is the basis for the legal considerations of the judges of the PTUN Pontianak and PTTUN Jakarta so that there are differences in decisions in adjudicating cases of overlapping land rights certificates in the Pontianak Administrative Court Decision Number 25/G/2020/PTUN.PTK and State Administrative High Court Jakarta Decision Number 106/B/2021 /PT.TUN.JKT. Based on the results of the research conducted, it is known that the difference in legal considerations that occurred in this case was based on the judge's error regarding the calculation of the grace period related to the administrative efforts carried out by PT Bumi Indah Raya as the Plaintiff.
PERLINDUNGAN KONSUMEN ATAS KEBOCORAN DATA PRIBADI PADA PENGGUNA APLIKASI AKULAKU BERDASARKAN PERATURAN OTORITAS JASA KEUANGAN NOMOR 1/POJK.07/2013 TENTANG PERLINDUNGAN KONSUMEN SEKTOR JASA KEUANGAN Adriani Elisabet Cahyaninglintang Sinaga; Jeane Neltje 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.v4i2.17984

Abstract

Fintech or P2P Lending is a service that is engaged in financial services where it has consumers. Consumers who use their own financial services in Indonesia have been protected by several regulations, one of which is Peraturan Otoritas Jasa Keuangan Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector which aims to create protection for you, increase consumer empowerment, and raise awareness. Financial Services Businesses regarding the importance of Consumer Protection. However, consumers who use Akulaku's Financial services are in a position where their personal data is leaked. In this case, the consumer's personal data leak resulted in Kredit Tanpa Agunan (KTA) bills and purchase transactions that were never entered into the Consumer's Akulaku account. Until now, consumers have not received a solution to the leakage of personal data they experienced.
ANALISIS YURIDIS PELAKSANAAN PUTUSAN SENGKETA TUMPANG TINDIH TANAH SENDANGMULYO KOTA SEMARANG Muhammad Romy; 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.v4i2.17571

Abstract

The need for land is an important aspect of people's lives in defending their land in order to create an orderly, safe and peaceful life. The state regulates the interests of land for the community in accordance with the law in order to achieve the welfare of the people based on the law. In the process there can be conflicts of interest, disputes, disputes that need to be handled wisely until they need to be resolved through court decisions. In fact, this is not implemented properly which has an impact on the parties concerned. The purposes of this study are (1) to determine the form of execution of court decisions in land overlapping disputes, Sendangmulyo Village, Semarang City (2) to determine the legal consequences that arise for the parties from the act of denying court decisions in the execution of these decisions. This study uses a qualitative descriptive research method with an empirical juridical approach. The results of the study show that (1) the form of execution of decisions in land overlapping disputes in Sendangmulyo Village, Semarang City because the Semarang City Land Office does not follow up in the form of revocation of the disputed object that is required as stated in the verdict (2) The legal consequences of the act of denying the court's decision In the execution of the decision, the Semarang City Land Office may be subject to administrative sanctions for abusing their authority and taking actions that are contrary to the court's decision.
KEPASTIAN HUKUM PENERAPAN KRITERIA PENYIDIKAN PERKARA TINDAK PIDANA KORUPSI OLEH KOMISI PEMBERANTASAN KORUPSI REPUBLIK INDONESIA Lambertus Josua Tallaut; 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.v4i2.17989

Abstract

The authority to investigation corruption cases is owned by the Corruption Eradication Commission, the Attorney General’s Office and the Police. To guarantee legal certainty in the exercise of athority, Article 11 of the KPK Law provides for the investigation of corruption cases which are under the authority of the KPK. In practice, this Article is not carried out in a consistent and obedient manner, such as the Jiwasraya, case, the Pinagki Prosecutor and the North Minahasa Ready-to-Use Fund Corruption which were investigated by the Prosecutor’s Office, in thes three cases the authority of the KPK. This phenomena creates legal uncertainty, even though certainty as a legal value must be upheld. The research method used is juridical-normative with primary and secondary legal materials as material for obtaining secondary data. The data was obtained by library technique and analyzed by descriptivequalitative method. Legal certainty is domiciled as a legal value, which means that the purpose of law is legal certainty. Legal certainty is also an important element in the administration of a state of law, therefore Indonesia is obliged to uphold legal certainty in implementation activities, including taking action against corruption cases. The criteria for the KPK authority case investigated by the Prosecutor's Office create legal uncertainty regarding the application of Article 11 of the KPK Law. Prosecutors' actions are also theoretically authoritative, exceeding their authority.
PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PENYELENGGARA SISTEM ELEKTRONIK DALAM TERJADINYA KEBOCORAN DATA PENGGUNA SISTEM ELEKTRONIK Rony Mart Panjaitan
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.v4i2.17761

Abstract

Based on reliable sources, it is to be found that Indonesia has experienced an increase in the number of active internet users between the time period of 2020 to 2021 with an estimate of 27 million users. Not forgetting the dangers of personal data leakage also goes hand in hand. One of the main factors that can pose a danger of personal data leakage is the lack of digital security in Indonesia, creating loop holes for telematics crimes. However, this does not rule out the possibility that the leakage of public personal data is carried out or caused by the corporation operating the internet system. This study examines the form of corporate criminal liability for electronic system operators in relation to the leakage of user data. The type of research used is prescriptive normative which is generally used to identify the law in accordance with legal principles in Indonesia. The research approach used is a conceptual approach, which refers to legal principles based on legal doctrine. Reinforced by sources, this research also uses primary, secondary and non-legal materials. Through this research we get to generate the idea of investigating data leakage occurrence through forensic examination, which may help us in identifying whether corporation managing the system is responsible of the criminal act or not. In this case, the corporation can be sentenced based on Article 52 of the Electronic Information and Transaction Law, if the corporation is found guilty, then the corporation must carry out administrative sanctions in accordance with the Electronic Information and Transaction Law and Government Regulations 71 of 2019. However, there are a few obligations in proving the same such as difficulty in proving the element of offense violated by the corporation and the fact that Indonesia highly upholds the principle of legality, which is one of the challenges in dealing with computer crime
ANALISIS SWOT SERTIFIKAT ELEKTRONIK TERHADAP PENYELESAIAN SENGKETA PERTANAHAN DI INDONESIA Laura Helena Wiryana
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.v4i2.18007

Abstract

The role of digitization in every aspect of adult life is now increasingly becoming something that cannot be separated from daily activities, including in the land sector. The existence of land disputes, illegal levies and land mafia syndicates that are not easily traceable, have concluded a solution in improving the protection and legal certainty of land rights ownership documents as well as digital transformation that cannot be prevented or avoided. Electronic certificates also have legal force, legal protection, and legal certainty and can be used as authentic evidence in the form of writing if a dispute enters the realm of a civil court. Its effectiveness as protection is also very influential, therefore electronic certificates have the same provisions and equality with conventional certificates. So in this study, the author aims to show how effective electronic certificates are in resolving existing land disputes. The research method used by the author is juridical normative and packaged in the form of swot analysis.

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