cover
Contact Name
Ahmad Redi
Contact Email
ahmadr@fh.untar.ac.id
Phone
-
Journal Mail Official
era.hukum.mahasiswa@fh.untar.ac.id
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
Location
Kota adm. jakarta barat,
Dki jakarta
INDONESIA
Jurnal Hukum Adigama
ISSN : -     EISSN : 26557347     DOI : http://dx.doi.org/10.24912/adigama.v2i2.6520
Core Subject : Social,
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
ANALISIS KETIADAAN NIAT (MENS REA) DALAM PEMIDANAAN PADA PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 844/PID.B/2019/PN.JKT.PST. Edo Bintang Joshua; 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.v4i2.17975

Abstract

In criminal law, punishment requires at least two conditions: subjective and objective conditions. To sentencing someone in the criminal court, it is not enough just by looking at their actions. Because criminal act are just one part of a condition in terms of punishments that are also called actus reus or physical elements. Mens rea is an essential part of criminal law. As one of terms of punishment, mens rea have a role as a subjective criminal in penal law. The absence of mens rea in any crime case makes the subjective criminal of the case missing. Sentencing someone who did a crime act without qualifying the mens rea element will injure the justice and set aside the mens rea as a subjective crimination. The case that was decided by Putusan Nomor 844/Pid.B/2019/PN.Jkt.Pst decided 29 (twenty nine) Sarinah mall employees. The decision clearly stated that the reasons for the perpetrators to commit the crime were based on a sense of humanity. This sense of humanity contradicts mens rea which is evil intent.
PERTANGGUNGJAWABAN MENGENAI STATUS PERBUATAN HUKUM TERHADAP PERSEROAN TERBATAS (PT) YANG BELUM RESMI BERDIR Hakim, Ovaldo Noor; Sumeru, Fayuthika Alifia Kirana; Dumais, Alvaro David Gabriel; Andryawan, Andryawan
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.v4i2.17477

Abstract

In the 1945 Constitution of the Republic of Indonesia Article 1 paragraph (3) which reads "Indonesia is a state of law" so that the public is obliged to obey the applicable regulations. The creation of legal certainty is one of the goals of the rule of law. The ratification of a legal regulation by the community carried out and made by a notary is also included in the achievement of legal certainty. As is the case with the establishment of a Limited Liability Company, therefore it is necessary to make a deed of establishment by a notary, but what if the Limited Liability Company does not yet have official status as a legal entity, then the liability of the Limited Liability Company is required because every activity has legal consequences for those who have a business. Considering that Indonesia is a legal state, everything that results in legal actions must also be resolved through legal channels so that it can be said to be legal as a legal act.
PEMBERIAN UPAH SELAMA PROSES PEMUTUSAN HUBUNGAN KERJA SEPIHAK (STUDI KASUS: PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 90/PDT.SUS-PHI/2019/PN SBY) Shierly Florensia; 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.v4i2.17980

Abstract

Termination of Employment Relations is one of the problems that often occurs in the working relationship between workers/employees and employers. The termination of an employment relationship for the workers is a very complex problem due to the worker/labourer losing their livelihood. Termination of Employment Relations has legal consequences for both employers and workers/labor. The rights and obligations of each party must be fulfilled until there is a decision from the Industrial Relations Court, in which workers will receive legal protection, namely receiving severance pay or service pay as a substitute for termination of employment. Syamsul Fuad has worked in a position as a dynamo technician with a working period of 23 years and 6 months and will be dismissed from his job due to frequent illness by PT Jawa Trans Indah Transport without being given a fair severance pay in accordance with the law, so Syamsul Fuad filed a lawsuit with the Industrial Relations Court on The Surabaya District Court, but in the decision the workers' property rights to receive severance pay or service pay cannot be fulfilled. This research is normative with literature study data collection techniques. Like a scale that is used as a symbol of justice, the judge must also weigh in order to fulfill the workers' property rights, so that in this case the workers' property rights can be fulfilled
PERLINDUNGAN HUKUM TERHADAP ANAK YANG DIEKSPLOITASI SEBAGAI PEKERJA ARTIS DITINJAU BERDASARKAN UNDANG - UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Syarifah Aliya Hasna; Rugun Romaida Hutabarat
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.v4i2.17985

Abstract

Alongside the development of information technology and the times, it affects the expansion of coverage in the entertainment world. In various countries including Indonesia, we still find many jobs that involve children who do not meet the age requirements in doing work. The existence of workers involving children in Indonesia is not new, as well as the existence of child workers who work as artist workers or commonly referred to as little artists. Every Indonesian child is a valuable successor to the nation’s ideals. The next generation and Indonesian human resources will determine the nation's future. Legal protection as a protection by using legal means of protection provided by the law, with the aim of protecting certain interests by making these interests a legal right. As with laws and regulations in general, regulation exists to provide legal guarantees and certainty, including for children. Children must be protected in order to avoid all kinds of losses, both mental and physical, caused by irresponsible parties. So every component of the nation, both government and non-government, has an obligation in the implementation of achieving the children’s right that they aspire to. Children who work more than the time limit determined by laws and regulations and the carelessness of parents as well as intentional acts committed by employers in providing work that does not heed the laws and regulations and children’s rights.
PELANGGARAN HAK CIPTA OLEH MALL GRAND INDONESIA YANG MENGGUNAKAN GAMBARAN TUGU SELAMAT DATANG SEBAGAI LOGO MALL Fico Acchedya Wijaya
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.v4i2.17757

Abstract

ntellectual property rights are defined as the right to legally protect intellectual property by the laws and regulations that protect it. The importance of copyright registration is that the work created by the creator is legally protected. Anyone who uses the work of others must obtain permission from the author or copyright owner and may not copy and/or use this work for commercial purposes without the permission of the author or copyright owner. The copyright infringement process teaches businesses to pay more attention to and comply with intellectual property laws. Example from PT. Grand Indonesia was sued by the heir Henk Nuntung, the designer of the Welcome Monument at the Hotel Indonesia Roundabout. The Central Jakarta District Court ruled that Grand Indonesia Mall violated copyright law by using a sketch of the Welcome Monument as the Mall logo without permission. The research method used is the normative legal method. The results showed that PT Grand Indonesia used a sketch of the welcome monument as a PT logo. It’s normal for PT Grand Indonesia to compensate the heirs of the late Henk. With a decision on December 2, 2020, the judge agreed to some of the heirs' charges. In one of the six trials, the defendant was given a sentence of compensation for the financial losses suffered by the plaintiff in connection with the use of the Grand Indonesia Mall logo amounting to Rp1 billion, which will be paid fully as soon as the decision is made
PERLINDUNGAN HUKUM KONSUMEN ATAS PENJUALAN TABUNG OKSIGEN PALSU SECARA ONLINE DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Angela Feblitania Emmanuella Hutauruk; 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.v4i2.17990

Abstract

In Law No. 8 of 1999 concerning Consumer Protection, it is explained that consumers have rights to goods and/or services that they obtain, both in direct transactions and online transactions, first in Article 4 paragraph (2) which explains the rights from consumers to choose goods and/or services and to obtain those goods and/or services in accordance with the exchange rate and conditions and guarantees for that matter are also contained in Article 8 which regulates prohibited actions for business actors which are not in accordance with the conditions of the guarantee, features or efficacy as stated in the label, label or description of the goods. but in this case the existing regulations have not been fully achieved as is often the case as in the case of selling fake oxygen cylinders online. The type of research used by the author in this study is normative. To support this research, the author uses a type of literature study research, which examines several related documents.
ANALISIS YURIDIS TERHADAP PRODUKSI BAJA TULANGAN BETON NON STANDARDISASI INDONESIA DITINJAU DARI UNDANG-UNDANG NOMOR 3 TAHUN 2014 TENTANG PERINDUSTRIAN (STUDI KASUS: PUTUSAN NOMOR 352/PID.SUS/2018/PN.PDG) Renaldy Renaldy; Ariawan Gunandi
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.v4i2.17762

Abstract

In industrial law, concrete reinforcing steel is one of the products that are often found in daily practice for building construction foundations. Producers, distributors, and consumers have traded, transported and produced reinforcing steel which did not comply with Indonesian national standards. Besides this activity is very dangerous for the community and users, it can also hamper domestic growth in Indonesia. Therefore, there is a need for further research using several theories of corporate crime and civil theory to see how legal accountability is for perpetrators of law violators. However, the application of the theory of corporate crime still raises pros and cons due to different perceptions from experts. Thus, this research was conducted to find a common thread in order to achieve clarity of legal responsibility for the production of steel reinforced concrete in cases of violations of Indonesian national non-standard reinforced concrete steel.
PERLINDUNGAN HUKUM BAGI KONSUMEN PENGGUNA JASA BIRO PERJALANAN WISATA DI YOGYAKARTA YANG MENGALAMI KERUGIAN MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Tri Ananda Caesaryan Dasril; 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.v4i2.18006

Abstract

This study aims to analyze the legal protection of consumers who use travel agency services in the city of Yogyakarta both normatively and empirically and to analyze the responsibilities of travel agency business actors for the fulfillment of the rightsof consumers who use their services in the city of Yogyakarta. The problems studied in this study are how the legal protection of consumers who use travel agency services in the city of Yogyakarta both normatively and empirically and how the responsibility of travel agency business actors for the fulfillment of the rights of consumers of their service users in the city of Yogyakarta. This research is a normative juridical research. The procedure used to solve the problem is to first examine the existing secondary data and then proceed with research on primary data in the field. Data was collected by means of library studies and interviews. Theapproach method used is the statutory approach. The research data after being analyzed using descriptive qualitative methods, the results obtained that the legal protection of consumers who use travel agency services in the city of Yogyakarta isnormatively adequate. This is shown from the provisions as regulated both in Law Number 8 of 1999 concerning Consumer Protection and Law Number 10 of 2009 concerning Tourism. Empirically, consumers who use travel agency services in the city of Yogyakarta have not been fully protected. This is shown from the results of the study that not all travel agencies make agreements that contain the rights and obligations of the parties during the tour. The responsibility of travel agency business actors for the fulfillment of the rights of consumers who use their servicesin the city of Yogyakarta..
ANALISIS PERJANJIAN PENGIKATAN JUAL BELI TANAH DAPAT MENJADI AKTA JUAL BELI TANPA KEHADIRAN PENJUAL (STUDI KASUS: PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR 1292/PDT.G/2019/PN.SBY) Meilivia Winandra; 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.v4i2.17768

Abstract

The sale and purchase of land are one of the legal acts of transfer of land rights. The parties can make a sale and purchase agreement as a preliminary agreement before the deed of sale and purchase is made in the context of land registration. In the case studied, there was a problem seller refusing to make a deed of sale and purchase, even though the buyer had paid in full for the object. So that raises problems related to how a sale and purchase agreement can become a deediofisale iand ipurchase iwithoutithe ipresence iofithe iselleriin ithe icase iDecision iofithe iSurabaya iDistrictiCourt iNumberi1292/Pdt.G/2019/PN.Sby. iThe imethod iused iisinormative ilegaliresearch. The results show that the sale and purchase agreement was made privately deed and there were no provisions regarding the power to sell. Likewise, the court's decision stipulates that the sale and purchase are legal and valuable based on the sale and purchase agreement and decide to make a deed of sale and purchase by Deed Official even though without the presence of the seller is legal certainty that an action can be carried out. Preferably, the making of the sale and purchase agreement made by Notary which is an authentic deed with perfect evidentiary power and the government provides legal socialization to the public regarding the sale and purchase of land to increase knowledge and understanding of the importance of making a sale and purchase agreement with an authentic deed.
KOMPENSASI SEBAGAI WUJUD PERLINDUNGAN HUKUM BAGI PEKERJA AKIBAT PEMUTUSAN HUBUNGAN KERJA SEPIHAK OLEH PENGUSAHA (STUDI KASUS: PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR: 210/PDT.SUS-PHI/2019/PN.JKT.PST.) Aufa Mubarok; Ariawan Ariawan
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.18012

Abstract

Protection of workers who experience termination of employment unilaterally must receive proper protection in accordance with applicable laws. In contrast to unilateral layoffs carried out by companies to workers without clear reasons and without any discussion between employers and workers, which results in workers feeling disadvantaged because the termination of employment is not in accordance with Law No. 13 of 2003 concerning Manpower. From this problem that will be discussed is how the form of legal protection for workers who experience termination of employment unilaterally, to find out the company's responsibility for unilateral termination of employment, and to know the efforts made by workers who experience termination of employment unilaterally. The author uses normative legal research methods and uses interview data as supporting data. The results of the study reveal that workers who experience unilateral termination of employment can try to resolve disputes with the company through a bipartite process, if the bipartite process fails then it can be continued with the tripartite method through mediation. If there is no agreement between the worker and the entrepreneur, the dispute can be resolved through the industrial relations court.