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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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LEGALITAS PENETAPAN PENGADILAN AGAMA TERHADAP PEMBATALAN PERKAWINAN PASCA MENINGGALNYA ISTRI BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM (STUDI PENETAPAN NOMOR: 3043/PDT.G/2018/PA.BADG.) Akmalunnisa, Bunga; Hadiati, Mia
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.v4i2.18020

Abstract

Cancellation of a marriage is a problem that often occurs in society, but it is different if the Cancellation of a marriage is carried out after the death of one of the prospective bride and groom. In this paper, there are problems that will be discussed, how the legality of the determination of the religious court regarding the Cancellation of a marriage after the death of the wife and how the legal consequences of the legality of the determination of the religious court regarding the Cancellation of a marriage after the death of the wife. The method used in this paper is normative juridical. In terms of the validity of the determination of the Cancellation of a marriage after the death of the wife, the marriage can be annulled, if it does not meet the requirements to carry out the marriage and may result in the termination of husband and wife relations and the termination of inheritance rights because the marriage is considered to have never existed. Therefore, Pasal 92 of the KUHPer, not cancellations in the event of a violation. An annulment claim cannot be accepted if the husband and wife have lived together for three consecutive months, since the husband and wife obtained full freedom and since “error in persona” was found.
HUKUM TINDAK PIDANA ILEGAL LOGGING KEBONHARJO JAWA TENGAH Nanda Yuliska; 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.v4i2.18002

Abstract

The crime of illegal logging is one form of theft of state assets in the form of teak theft. In this study, it is explained whether the law enforcement of illegal logging crimes in the Kebonharjo Forest Management Unit, Rembang, Central Java has been implemented or not, along with the obstacles and efforts carried out by illegal logging law enforcement officers in the Kebonharjo forest management unit, Rembang, Central Java. Research using primary data sources by collecting data from literature studies. The process of law enforcement against illegal logging in forest management units includes preventive law enforcement, by empowering the community, improving environmental quality, establishing cooperation with relevant agencies and involving the community in law enforcement. Meanwhile, repressively provides administrative sanctions and criminal sanctions in the form of imprisonment, fines, imprisonment and compensation. The obstacles experienced by the Kebonharjo forest stakeholder unit came from internal aspects which included geographical factors, facilities and infrastructure, and the lack of personnel in the FMU, then from external aspects came from community factors, and legal sanctions factors. Implementation of Law Enforcement in Forest Management Units with obstacles originating from the internal and external aspects mentioned above that can be resolved by law enforcement in FMUs by increasing the ability and motivation of field officers, conducting socialization about Illegal Logging, and coordinating with agencies related activities, as well as empowering the community around the Kebonharjo KPH unit.
ANALISIS POLEMIK EUTHANASIA DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA (PERBANDINGAN EUTHANASIA DI INDONESIA DAN BELANDA) Natasha Grace; Ida Kurnia
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.v4i2.17923

Abstract

Euthanasia is very debatable whether it has to be legalized in Indonesia. Every human being has the right to life. But there is a new idea about human rights. It is called the right to die. A patient in a terminal state should not suffer from their unbearable pain whilst waiting for death. Euthanasia is a medical procedure helping patients with terminal state to die peacefully without any pain. Active euthanasia is illegal in Indonesia according to Article 344 Indonesia’s Penal Code. Passive euthanasia is still allowed in Indonesia according to Minister of Health Regulation Number 37 Year 2014. Euthanasia is allowed in some countries. The Netherlands is the first country in the world to legalized euthanasia. According to The Netherlands Government, to let someone suffer an unbearable pain and in agony whilst waiting for death is very inhuman. Every person has the right to die in peace and without pain. On the other hand, it is against the right to life to do euthanasia on a terminal patient. The function of this research is to compare regulations about euthanasia in Indonesia and The Netherlands and to decide the borderlines of euthanasia in Indonesia. This study uses normative method and qualitative analysis while using statute and comparative approach. The result of the study shows the pros and cons of euthanasia and whether it has to be legalized in Indonesia.
ANALISIS PENERAPAN DALUWARSA DALAM PENGAJUAN GUGATAN TERHADAP HAK UNTUK MEMPEROLEH PEKERJAAN BAGI PENYANDANG DISABILITAS DALAM SISTEM PEREKRUTAN PEGAWAI NEGERI SIPIL (STUDI PUTUSAN NOMOR 85/G/2020/PTUN.SMG) Felishella Earlene; Tatang Ruchimat
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.v4i2.17772

Abstract

Everyone who feel their interests are harmed due to the issuance of a State Administrative Decree has the right to file a lawsuit into authorized State Administrative Court. In the filling of a lawsuit, there are expiration provisions that are regulated in the applicable regulations. If the lawsuit is filed beyond the expiration date, then the lawsuit cannot be accepted, on the other side there is interests of a person that have been harmed. How is the legal protection for the loss of rights to obtain employment for person with disabilities in the civil servant recruitment system due to the implementation of expiration in filling lawsuit? In this research, the Author uses normative research method. The result of this research is the implementation of expiration provisions in filling a lawsuit provides legal certainty, but on the other side provides limitations for them who feel that their interests have been harmed so the justice cannot be reached. Judge in examining and passing verdicts should be based on the applicable regulations by balancing between legal certainty and justice for the seeker of justice. Therefore, the legal protection that can be provided to the rights of person with disabilities who are lost because the lawsuit filed has expired is to ensured that person with disabilities can participate in selection in the following year without discriminatory treatment. It is better if everyone who files a lawsuit on State Administration pays more attention towards the expired provisions so that similar problems do not occur.
PERLINDUNGAN TERHADAP KONSUMEN YANG DIRUGIKAN AKIBAT PEMBATALAN SEPIHAK OLEH PERUSAHAAN PENGEMBANG YANG TIDAK MEMENUHI KEWAJIBANNYA (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 721 K/PDT.SUS-BPSK/2020.) Silvia Loka; 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.v4i2.17815

Abstract

Buying and selling in Article 1457 of the Civil Code is an event where one party binds himself with another party to deliver goods/services in accordance with the agreement. In buying and selling apartments, there is a PPJB (Sales and Purchase Binding Agreement) which serves as a legal guarantee to the buyer. In the example of the Supreme Court Decision Number 721 K/Pdt.Sus-BPSK/2020, the Buyer does not get PPJB from the initial installment until the installment is paid off. How is the legal protection for consumers who are harmed due to unilateral cancellation by a developer company that does not fulfill its obligations? This research uses normative research methods. Research data shows that in deciding a dispute, the UUPK should be considered as one of the laws to protect consumers from default actions committed by developing companies.
PERLINDUNGAN HUKUM TERHADAP DATA KESEHATAN MELALUI PENGESAHAN RANCANGAN UNDANG-UNDANG PERLINDUNGAN DATA PRIBADI Endison Ravlindo; Ariawan Gunadi
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.v4i2.18028

Abstract

The development of an increasingly sophisticated era, now personal data has become a commodity that has a high economic value that must receive proper and optimal protection in the practices that exist in society. Some of the regulations regarding the protection of personal data in Indonesia have regulated this, but have not been able to face the challenges that arise regarding the problems that occur. Where this makes the creation of legal certainty as one of the objectives of the law itself. There have been a number of cases that have occurred in recent years, namely the alleged leakage of public personal data that was hacked by third parties irresponsibly for unilateral gain. In this case, because there is no specific and comprehensive regulation that accommodates the protection of personal data itself. In this study, it is intended to examine how legal protection is according to current positive law and according to the Personal Data Protection Bill.
KEKUATAN KLAUSULA BAKU TERHADAP PENJUALAN SMARTPHONE REKONDISI DITINJAU DARI UNDANG - UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Aisyah Nikita; Gunawan Djajaputra
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.v4i2.17940

Abstract

In Indonesia, consumers are protected by Law Number 8 of 1999 on Consumer Protection in order to strengthen the fairness of balance, security and consumer safety. Consumers, as weak parties, will experience losses if business actors include a default clause in buying and selling transactions. But there are still many consumers who accept the agreement by containing the default clause because of the need for these goods and / or services. Business actors in offering goods and / or services are expected to be wiser in including the default clause in a buying and selling transaction in accordance with what has been regulated in article 18 of UUPK. The consumer must also understand the rights that have been regulated in consumer protection laws so that he understands what actions can be taken by consumers if they experience losses incurred by business actors. Business actors can be held administratively liable with fines and criminally with prison sentences as well as additional fines and criminals in the form of confiscation of certain goods, announcement of judge's decision, payment of compensation, certain stop orders that harm consumers, obligations to withdraw products from circulation and revocation of business licenses. In this case, the business actor has no good faith and no responsibility for compensation for consumer losses due to the default clause in the transaction of buying and selling reconditioned smartphones The problem here is, how the strength of the default clause in the sale of reconditioned smartphones is reviewed from UUPK.
PENERAPAN KETENTUAN PELAKU UTAMA DALAM KRITERIA JUSTICE COLLABORATOR PADA PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 93/PID.SUS-TPK/2019/PN.JKT.PST Amelia Elisabeth Putri Kusuma; 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.v4i2.17945

Abstract

The purpose of this research is to analyze and understand the application of main suspect of justice collaborator criteria in Indonesia. This research is a normative law research, namely a law research conducted by examining legal books, legal journals and other library materials as well as the secondary data related to justice collaborator. The result of this research is the legal certainty regarding the main suspect of the justice collaborator criteria that has not been fulfilled by the Indonesian Law, so it has the potential to harm the law enforcement process. This is due to lack of understanding of the main suspect of justice collaborator among the law enforcers. Therefore, the intervention of the authorities to improve the current legal system is required in order to achieve the legal objectives. Specifically justice, expediency, and legal certainty especially regarding the justice collaborator. The Government needs to accommodate this policy in a clear, vivid and complete rules. Starting from the criteria and the condition, implementation of procedures, the reward and the protection for the justice collaborator himself.
MEKANISME DISMISSAL DALAM KONSEP ANTI STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (SLAPP) SEBAGAI PERLINDUNGAN HUKUM TERHADAP PEJUANG LINGKUNGAN HIDUP DI INDONESIA Harry Setiawan; Mella Ismelina F. Rahayu
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.v4i2.17878

Abstract

Environmental problems in the form of environmental pollution and/or destruction have become the center of global attention, considering the complex impacts toward human beings. Everyone who fights for the right to a good and healthy environment can be considered environmental defender. Public participation is an important aspect that cannot be separated in terms of environmental protection and management as stated in the Rio Declaration. However, public participation which is taken by environmental defender in the context of fighting for the right to a good and healthy environment is vulnerable to attacks in the form of a lawsuit known as SLAPP. The originator of the term SLAPP themselves have stated that strategic legal forms often occur in the environmental realm. Legal protection in the form of law and regulations with a case dismissal mechanism is needed in order to protect environmental defender from SLAPP which could cause various kinds of losses, physically, energy, time, and economically. UUPPLH as the law for the environmental sector in Indonesia has regulated legal protection for everyone who fights for substantive rights in the form of a good and healthy environment, where these rights have even been recognized and guaranteed by the constitution (UUD 1945). Therefore, dismissing the case (dismissal) as early as possible against SLAPP is considered important to protect environmental defender who takes the form of public participation in carrying out their work as the guardian of environmental rights.
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.v4i2.17950

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.

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