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Jurnal Hukum Adigama

adigama
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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 PUTUSAN NOMOR 559/PID.B/2017/PN.BYW. PENGADILAN NEGERI BANYUWANGI TENTANG PENYEBARAN AJARAN KOMUNISME/MARXISME-LENINISME SECARA MELAWAN HUKUM BERDASARKAN PASAL 107A KUHP Andreas Purba; Firman Wijaya
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Budi Pego was charged with violating Article 107a of Law Number 27 of 1999 concerning Amendment to the Criminal Law Code relating to crimes against State security, because of. Because of these accusations, Budi Pego was charged with a 10-month prison sentence in the Banyuwangi District Court. The problem faced is how criminal liability on the perpetrators of the spread of the teachings of communism in terms of Article 107A of the Criminal Code (case study of decision No. 559 / Pid.B / 2017 / PN.Byw)? The research method used is normative legal research. The results showed that criminal liability on the perpetrators of the spread of the teachings of communism in terms of Article 107A of the Criminal Code in Decision No. 559 / Pid.B / 2017 / PN.Byw. it is inappropriate if this criminal liability model is applied to criminal liability to individuals. Considering that individual accountability still requires actions and mistakes as a basic element of accountability. That is, without any deeds and mistakes, there is no criminal liability. Regarding the Budi Pego case, the policy of criminalizing the ideology of Communism/Marxism-Leninism was decriminalized. If this cannot be done, then the legislators need to revise Law No. 27 of 1999 with the concept of eliminating articles containing formal offenses and replacing them with the formulation of material offenses and in the formulation of the weight of sanctions.

KLAUSULA EKSONERASI DALAM PERJANJIAN KREDIT ANTARA PT. MANDIRI PERSERO (TBK) SEMARANG DENGAN WIBOWO S.E. DAN SITI AISYAH (Studi Kasus Putusan No. 8 K/Pdt/2013) Hellen Rumiris; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Granting credit by the bank to the society greatly helps to develop a business that is run by community both individuals and legal entities. The government of the Republic of Indonesia has intructed banking to provide credit facilities especially for the middle and lower businesses. Banking credit agreement is a standard contract made by the bank by almost not giving freedom at all to the other parties to do negotiation for the requirements offered. This type of research using a normative juridicial research. This research aims to analyze the exoneration clauses in a credit agreement between PT. Bank Mandiri Persero (Tbk) Semarang with Wibowo, S.E. and Siti Aisyah. The bank credit agreement is the legal agreement to the Article 1320 of Indonesian Civil Code. However, the exoneration clauses listed on it contradicts some basis in the law agreement and also violates the provisions of Article 18 of The Consumer Protection Act. Clauses in a credit agreement are made to regulate the rights and the obligatons of the parties so that reasonable risk sharing occures between the bank and the customer. In fact, exoneration clauses are often abused by businessman attempting to diminish, divert and even refuse responsibility. The result of this research concludes that: First, the Government must provide more limits on the using of exoneration clauses through revision of The Consumer Protection Act. Second, PT. Bank Mandiri (Tbk) Semarang must be more meticulous and careful to determine contents of credit agreement.

ANALISIS PEMUTUSAN HUBUNGAN KERJA AKIBAT ADANYA DEMOSI PADA PEKERJA PT JOHNSON HOME HYGIENE PRODUCTS (STUDI KASUS PUTUSAN MAHKAMAH AGUNG RI NOMOR 566 K/PDT.SUS-PHI/2014) Monica .; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Demotion is the decline in the position of the labor/ worker carried out by the company caused by the violation of the rules applicable within the company (indiscipline) which involves the decrease of authority, responsibility, status, facilities, even the salary earned from the company workers. This research is motivated by the implementation of termination of employment done by the company because the worker refuse to be demoted. The demotion made by the company is not caused by errors or violations committed by the worker / labor concerned but because of the restructuring department (the reason for efficiency). This study aims to analyze how the demotion validity that occurs in the worker of the company concerned and how the settlement process of termination of employment. This research was conducted by normative law research method that is by examining primary, secondary, and other non-legal material material supported by interview result. The results of the author shows that the demotion made by the company are not legitimate and not autonomously regulated in the company so that the termination of employment made by the company is an unfounded termination. This scientific study recommends the importance of the autonomous demotion regulation for the protection of workers.

TANGGUNG JAWAB PT GOJEK INDONESIA DALAM PENGIRIMAN BARANG KONSUMEN DARI SEGI UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS KURIR GOJEK MEMBAWA LARI SMARTPHONE TAHUN 2017). Lidya Fazriani; Jeane Neltje Saly
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Shipping goods using postal expedition services is a conventional thing in the modern era. Short-distance shipping is currently being replaced more by online shipping services, such as Gojek. Gojek Indonesia offers Go-send items for people who want to send. But in line with that, the weakness of law and material in the regulation of Gojek policy resulted in the lack of implementation of legal certainty. This paper was prepared to be able to answer how accountability is given to users of Gojek Services in Indonesia and what forms of compensation provided by Gojek for claim of loss of goods that occur in Go-send services fered. This paper aims to provide a description of the right of users and the obligation that must be fulfilled by Gojek itself and explain the forms of compensation made by the gojek as a form of accountability for complaints of the use of Go-Send services. The method used is a normative legal research method that is supported by a legal approach, an analytical and conceptual approach, and a case approach. The final result of the preparation of this jurnal is the responsibility given to consumers for the loss of goods in the services offered by providing compensation and forms of compensation that are judicially determined as competation in the form of money as a form of nominal liability and compensation through shares or similar items.

ANALISIS PENETAPAN PENGADILAN TERHADAP ANAK PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA (STUDI KASUS: PENETAPAN PENGADILAN NEGERI SURABAYA DAN 2 (DUA) PUTUSAN PENGADILAN NEGERI JAKARTA BARAT) Lie Natania; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Children are the future of mankind, our nation and country. Based on this strategic position, the state and the law must provide special protection for children. However, in finding themselves,in some occasions children can stumble and make mistakes, which unfortunately can be in the form of run-ins with the law. Act Number 11 of Year 2012 regarding the Criminal Justice System for Juvenile presented the concept of diversion, which is an approach to resolve juvenile cases in order to achieve restorative justice. Diversion is the of process diverting child cases out of the usual system of criminal justice. However, diversion cannot be used to resolve all and every child cases. In a case of drug abuse, as seen in the Verdict of Surabaya District Court Number 111/Pid.Sus-Anak/2014/PN.Sby, diversion is attempted to resolve the case. But in two similar cases, namely in the Verdict of West Jakarta District Court Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt and Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt, diversion was not attempted resolve the children in those cases and as stated on the verdict, those children were convicted. Why is there a difference in the resolution of the court against children who committed drug abuse between the Verdict of Surabaya District Court Number 111/Pid.Sus-Anak/2014/PN.Sby, the Verdict of West Jakarta District Court Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt and the Verdict of West Jakarta District Court Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt?

PERLINDUNGAN KONSUMEN PENGGUNA LAYANAN INTERNET BOLT DAN BOLT HOME YANG DICABUT IZINNYA OLEH KEMENTERIAN KOMUNIKASI DAN INFORMATIKA TAHUN 2018 Fivhi Indah Sari; Susanti Adi Nugroho
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Many internet service providers are not compliant to pay frequency fees to the state so that the Ministry of Communication and Informatics closes PT. Internux which is a subsidiary of PT. First Media is a banned in Lippo Group. The closure resulted in Bolt and Bolt Home consumers not getting internet access so that problems arose 1. How to protect consumer rights for Bolt and Bolt Home internet service customers PT. Internux after revocation of permission by Kominfo? 2. What is the responsibility of the business actor for consumers of Bolt and Bolt Home internet service customers? The method used is the normative legal method. Bolt and Bolt Home consumers only get preventive protection by deactivating top up payment services in order to avoid greater losses for consumers, while repressive protection is not found in this case. The form of responsibility of PT. Internux to consumers based on the provisions of Article 19 Paragraphs (1) and (2) must provide compensation equivalent to the price of the quota package in accordance with the initial agreement agreed with the refund mechanism and provide diversion offer services to other providers. The Ministry of Communication and Information must conduct strict supervision of internet service companies and for consumers to be selective and smart in choosing internet service company providers.

PEMBATALAN PADA PERJANJIAN YANG TIDAK MENGGUNAKAN BAHASA INDONESIA (STUDI KASUS PUTUSAN NOMOR 450/PDT.G/2012 / PN.JKT.BAR) Thomas Aryanto G; Stanislaus Atalim
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Starting from the treaty agreement from national agreement to international agreement, with the existence of the development of the time of course there are many developments including in the development in the field of agreement. in this journal the author explains about how should the implementation of Article 31 of Law Number 24 Year 2009 concerning about Flags, Languages, and Symbol of Country and National Anthem should be applied in Indonesia. the authors raise this issue using case studies on decision number 450 / Pdt.G / 2012 / PN Jkt.Bar where PT Bangun Karya Pratama Lestari sued Nine AM Ltd. to cancellation agreements that only use the English language without using the Indonesian language. in this case the panel of judges decides that the agreement is null and void because it violates Article 31 of Law Number 24 Year 2009 because the judges consider the agreement to violate Article 1320 Paragraph (4) of the Civil Code which reads "a lawful cause" this article of judges misinterpreted the exclusion of the law on the promulgation of the treaty. in the old legal books says that is not to violate the law is to the purpose of making a treaty not on the written evidence of a covenant that is only evidence when there is a dispute between the covenant makers. a covenant is not a written matter but the treaty itself is an agreement executed and agreed upon by both parties to fulfill the agreed agreement.

TANGGUNG JAWAB DEVELOPER TERHADAP KONSUMEN AKIBAT WANPRESTASI DALAM PENYERAHAN UNIT APARTEMEN PLUIT SEA VIEW BERDASARKAN PERJANJIAN PENGIKATAN JUAL BELI Natalia Salim; Endang Pandamdari
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The procurement of an apartment is strengthened by Sales and Purchase Agreement (PPJB) between the buyer and the developer, but the practice in the field are often found that developers does not handover the physical terms in accordance with the agreed time (default/breach of contract), and resulting in losses for the buyer. This study aims to determine the responsibility of the developer to the buyer due to default/breach pf contract matter and legal protection for the buyer in terms of buying Pluit Sea View apartments based on Sale and Purchase agreement. Research data were analyzed using descriptive-qualitative analysis methods which were tested with legal norms. The result of analysis shows that: 1. PT. Binakarya Bangun Propertindo (as developer) does not fulfill their responsibilities as in agreement of the PPJB regarding the rights of consumers. 2. Weak of Consumer Protection Sarusun Belonging to Pluit View Sea , as consumer do not have bargaining positions.

Analisis Hukum Kasus Gugatan Wanprestasi Pembatalan Perjanjian Pengikatan Jual Beli (PPJB) (Study Kasus Putusan Nomor: 346/Pdt.G/2016/PN.Tng.) Yudhistya Yudhistya; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Official agreements must be drafted according to the provisions of chapter 1320 of the Civil Code. agreement. Binding Agreement of Sale and Purchase (PPJB) of land and buildings made by PT. BSD to PT. SGU is a preliminary agreement that precedes land and construction transactions which are requested to cancel the agreement by PT. BSD because PT. SGU is considered to have defaulted. Cancellation of the Purchase Binding Agreement (PPJB) as contained in the Decision Number: 346 / Pdt.G / 2016 / PN.Tng. Based on this background there are interesting things to discuss in writing this thesis, namely whether or not the PPJB PT. BSD and PT. SGU as well as the judge's judgment when determining the case. This study uses normative juridical research methods. legal material used consists of primary and secondary legal material. The conclusion from the research stated that PPJB of land and buildings between PT. BSD with PT. SGU has completed the characteristics of an agreement whereby the provisions of Chapter 1320 of the Civil Code and judges' judgment when determining the case are the cancellation clauses by the parties in the event of default in the PPJB not because the terms of the agreement are not fulfilled. Suggestions from the author for the strength of the agreement every PPJB making should be made before a notary public and any disputes that arise can be resolved by deliberation to reach consensus.

PERTANGGUNG JAWABAN MASKAPAI ANGKUTAN UDARA TERHADAP RUSAKNYA BAGASI BERDASARKAN UNDANG â€“ UNDANG NOMOR 1 TAHUN 2009 Fahmi, Faris; Martono, H. K.
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Transportation is a system that is very helpful for humans in their daily lives, transportation is divided into 3 types, that are land transportation, sea transportation, and air transportation (aircraft). Each type of transportation has different type of vehicles, for land transportation there are motorbikes and cars, sea transportation there is ships, and air transportation there is airplanes. The most efficient type of transportation is air transportation, because it takes the least amount of time for even long distances, therefore people are prefer to use this type of transportation. Air transportation provider or airline must be responsible for any losses incurred during flight activities in accordance with existing regulations. But in fact, there are still problems such as, passenger checked baggage damaged due to flight activities and the one who bears the loss is the passenger, the airline does not respond to this problem and the problem not closed.This journal will discuss about the responsibility system that can be used for the case and how law govern to clear the problem.

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Editorial Address Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477

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Ahmad Redi

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ahmadr@fh.untar.ac.id

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era.hukum.mahasiswa@fh.untar.ac.id

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Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477

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