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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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WANPRESTASI YANG DILAKUKAN OLEH DEBITUR ATAS PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN (STUDI KASUS PUTUSAN NOMOR 250/PDT.G/2020/PN.JKT.BRT) Syahrani Mutiara Afifah
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.v4i2.18024

Abstract

A credit agreement is a bond between a creditor and a debtor whose contents determine and regulate the rights and obligations of both parties in relation to the granting of credit. The provision of bank credit facilities as creditors will require guarantees as security and certainty, because without bank guarantees it will be difficult to avoid risks that may occur if the debtor breach of contract. The guarantee that is considered the safest by the bank is the mortgage. If the guarantee is still tied to the mortgage but the certificate is broken, the mortgage will be nullified by law. Therefore, it is necessary to make a new Mortgage Deed. This thesis discusses how the breach of contract committed by the debtor on a credit agreement with a mortgage guarantee (case study of decision number 250/Pdt.G/Pn.Jkt.brt) and what are the implications of breaking a certificate that is still bound by a mortgage. In this study, the author uses a normative legal research method, where the research data studied is seen to be in accordance with the laws and regulations. The results of this study can be concluded that the factors causing the occurrence of bad loans are internal and external factors. The split of the certificate occurs due to the granting of new rights, the bank will execute the certificate that has been split to the debtor to provide a Power of Attorney to impose Mortgage and a new Deed of Granting Mortgage.
ANALISIS PENJATUHAN PIDANA REHABILITASI TERHADAP ANAK 0873 SEBAGAI PELAKU TINDAK PIDANA (Studi Putusan Mahkamah Agung Nomor 1298K/PID.SUS/2017). Shara Kindly Febiola
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.v4i2.17924

Abstract

The law will never be separated from human life so if we discuss the law it will certainly be concerned with human life. A person who commits a criminal will definitely be subject to criminal sanctions in accordance with what criminal acts are committed and already written in an Act. Children who commit criminal acts have been regulated in an Act and General Review on Children, one of which is Law No. 11 of 2012 concerning the Juvenile Criminal Justice system. Minors who commit a criminal offense are usually due to the surrounding environment that is not good or parents who do not teach which children are good or bad may even be parents who make the child commit a criminal act. Children who commit criminal acts must still be legally protected and guaranteed because the child is still in the process of growth so that the child must be free from things that interfere with the child's growth.Children as a criminal offense in addition to being subject to prison penalties would be better if the child is processed through the Rehabilitation process. In its application, rehabilitation is applied to narcotics criminals but it would be better if the criminal investigation of rehabilitation is applied to children as other criminal offenders
ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 99K/TUN/2020 TENTANG SENGKETA TERBITNYA SERTIPIKAT TANAH ANTARA PEMERINTAH PROVINSI DKI JAKARTA MELAWAN PT. BUANA PERMATA HIJAU Matthew Sebastian; 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.v4i2.17773

Abstract

Land is closely related to humans. This creates conflict in society. Especially regarding arable rights whose rules are not yet clear. Often disputes occur between civil society and government officials, especially regarding land used for development in the public interest. The author wants to know what are the legal considerations of the Supreme Court in the decision number 99K/TUN/2020 which strengthens the usufructuary rights number 314/315 belonging to the DKI Jakarta Provincial government, by analyzing the validity of the land certificate belonging to the DKI Jakarta Provincial Government in this case, with the applicable rules. The research method used is normative research. Based on the author's analysis, there are several things that make the judges should not ignore the arable rights of PT Buana Permata Hijau. Some of these things are that the SK on price estimation which is used as the basis for the consignment has expired. Then the consignment made is not in accordance with the applicable regulations. In addition, the handover by PT Agung Podomoro to the DKI Jakarta Provincial Government was not in accordance with the applicable regulations. This is used as the basis for the issuance of a certificate of use rights of the DKI Provincial Government. Therefore, it can be concluded that the certificate of use rights of the DKI Provincial Government is not appropriate to be issued by the National Land Agency because the land is still in a state of dispute.
PEMBELAAN TERPAKSA DALAM DELIK PENGANIYAAN YANG MENYEBABKAN LUKA RINGAN (STUDI TERHADAP PUTUSAN PN PADANG NO, 372/PID.B/2020/PN.PDG) Ahmad Yani Y Alhaddad; 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.v4i2.18017

Abstract

Noodweer or self-defense is one of the reasons for eliminating crime and is described in Article 49 (1) of the Penal Code. The act committed is the basis of justification known as the basis of justification. That is, Apology can rule out the nature of the illegal act, and the act committed by the defendant may be correct. However, the problem with writing is that ES was attacked by AF and Eko should be considered a victim. However, in reality, the judge of Judgment No. 372 / Pid.B / 2020 / PN.Pdg accused Defendant ES in Article 351 (1). .. To complete this study, the author uses four theories: the theory of reasons for crime exclusion, the theory of criminal activity, the theory of criminal imposition, and the theory of judge authority. Court decision NP No. 372 / Pid.B / 2020 / Pn.Pdg stated that the defendant did not meet one of the conditions for compulsory defense and therefore did not prove to have taken compulsory defense under Article 49 (1). The defendant was found based on paragraph (1). Article 351 was condemned. Regarding tracking of identified items, such as (1) anyone, (2) items that are offensive or injured, (3) items that are intentionally worn.
AKIBAT HUKUM TRANSAKSI PERJANJIAN SEWA MENYEWA ATAS DASAR KEPERCAYAAN KEPADA TEMAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI PANGKALPINANG NO. 36/PDT.G/2020/PN.PGP) Hanseen Hanseen
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.v4i2.18029

Abstract

In the implementation of leasing land and buildings, of course, it cannot be separated from risks or problems that occur that are not in accordance with the agreement letter that has been agreed between the lessee and the lessor. The formulation of the problem in this thesis is how the legality of the lease deed signed by a legal subject who does not have the authority to act on behalf of a second business entity, what are the legal consequences of the act of signing the lease deed by a legal subject who does not have the authority to act? represent a business entity. This research includes a normative research typology. Collecting data obtained through interviews with the defendants, lawyers and academics and in the study of literature or appropriate documents, then presented descriptively and analyzed qualitatively. The analysis was carried out with a juridical-normative approach. This thesis aims to provide an understanding to tenants regarding legal remedies for dispute resolution in land lease agreements on the basis of trust in friends and to provide an understanding of what steps can be taken to obtain their rights as owners. Based on the provisions of Article 1320 of the Civil Code.
KEABSAHAN PENGESAHAN PERJANJIAN PERDAMAIAN PADA PERKARA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (Studi Putusan Nomor: 24/Pdt.Sus-PKPU/2021/PN Niaga Jkt.Pst.) Jenny Lim; Ariawan Ariawan
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.v4i2.17941

Abstract

In the world of trade and commerce, there are certain times when the company experiences financial difficulties, so that the company/debtor has difficulty or is no longer able to pay its debts. Considering that Bankruptcy is an Ultimatum Remedium, a regulations regarding Postponement of Debt Payment Obligations (PKPU) is enacted. In PKPU, there is a peace plan known as peace agreements. This opportunity is given to debtors to save the company from bankruptcy, so that it can settle its debts. For the research, The author examines using normative juridical research methods. As the results of the research, it can be concluded that, the ratification of a peace agreement must meet the requirements and procedures for ratification of a peace agreement as regulated in the bankruptcy law and PKPU. In offering a peace agreement it must be in a good faith, the benchmark of good faith is when The agreement is based on pretium iustum which refers to reason and equity which implies a balance between losses and gains for both parties in the contract (just price)
KEBIJAKAN FORMULASI KORPORASI PENYELANGGARA APLIKASI PINJAMAN ONLINE ILEGAL SEBAGAI SUBJEK PIDANA Dyah Dewi Alifia Rachma
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.v4i2.17946

Abstract

Fintech Peer-To-Peer Lending is an information technology-based lending and borrowing service that is supervised by the OJK. But over time, illegal Fintech companies emerged that did not have permission from the OJK, causing new problems. These illegal fintechs commit crimes in terms of billing, such as making threats by distributing personal data. Meanwhile, in addition to that, there is no specific law that regulates Fintech, so in this case there is a need for a formulation policy related to corporations providing illegal online loan applications as an effort to overcome crime committed by corporations. The reorientation and reformulation of corporations that administer illegal online loan applications as criminal subjects shall at least include the following provisions: 1) When can a corporation that administers online loan applications be said to be criminal acts committed by the company; 2) Who is Criminally Responsible for Crimes Committed by Corporations Organizing Illegal Online Loan Applications; 3) Types of Sanctions Appropriate to Corporations Organizing Illegal Online Loan Applications as Criminal Subjects
ANALISIS YURIDIS TERHADAP PENEGAKAN HUKUM MODIFIKASI KENDARAAN BERMOTOR RODA DUA YANG MENGALAMI PERUBAHAN DIMENSI DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Pius Nifatere Jokhe; Amad Sudiro
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.v4i2.17879

Abstract

Motorcycles that were previously only used as a means of transportation, now have another function, namely as an identity function for the owner. Modified motorbikes that have changed dimensions are currently being loved by various groups from young people to the elderly, but the existence of these modified vehicles is still not in accordance with the terms and conditions provided by law to obtain and use modified motorbikes. undergoing a dimensional change. In this study, the author uses a normative research method. Based on the data that has been obtained and analyzed by the author, the lack of firmness by law enforcement officers in taking action against these violations is one of the reasons why many modified motorcycles have changed dimensions and can move freely on the highway. Also, the weak level of socialization provided adds to the lack of public awareness to know the procedures and requirements that must be met in order to be able to modify a motorcycle. The existence of a motorized vehicle that has been modified with a change in type without conducting a type test first will greatly endanger the safety and security of motorists and other road users
PERALIHAN HAK ATAS TANAH MENGGUNAKAN KUASA JUAL OLEH PPAT BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 ATAS PERUBAHAN PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 TENTANG PERATURAN JABATAN PEJABAT PEMBUAT AKTA TANAH. (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 3017 K/PDT/2019 JO PUTUSAN MAJELIS PEMERIKSA PUSAT NOTARIS NOMOR 08/B/MPPN/IX/2018) Mutiara Indah Parawansa; 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.v4i2.17951

Abstract

The author discussed the PPAT's act of diverting the right to land owned by the seller using the Deed of Sale Power then there was a problem of the legality of the transfer of land rights by using the selling power by PPAT based on Government Regulation No. 24 of 2016 on Changes to Government Regulation No. 37 of 1998 concerning the Regulation of the Office of Land Deed Making Officers. (Case Study of Supreme Court Decision No. 3017 K/PDT/2019 Jo Verdict of The Notary Central Examiner No. 08/B/MPPN/IX/2018) and PPAT liability by transitioning land rights using the power of sale. (Case Study of Supreme Court Decision No. 3017 K/PDT/2019 Jo Verdict of The Notary Central Examiner No. 08/B/MPPN/IX/2018). The study uses normative juridical research. The results of the study obtained that the transfer of land rights using the Selling Power, The Binding Agreement for Sale and Emptying of Property Certificate Objects only has the power of the deed under the hand so that it can be requested.
PERLINDUNGAN HUKUM TERHADAP PEMBELI RUMAH YANG PERUSAHAAN PENGEMBANGNYA DINYATAKAN PAILIT (Studi Kasus: PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR: 21/PdtSus-Pailit/2020/PN.Niaga.Jkt.Pst.) Sherly Angelina Chandra; 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.v4i2.17885

Abstract

Developer that is declared bankrupt can cause various legal consequences to the public, one of them is house buyer. House buyer already make Sale and Purchase Agreement with developer. However, when developer is bankrupt, then the house will be bankruptcy estate as long as the Deed of Sale and Purchase has not been proceed in the presence of a notary. In this paper, author wants to examine law protection to house buyer when the developer is bankrupt. Case is used in this paper is Central Jakarta Commercial Court Decision No: 21/Pdt-Sus-Pailit/2020/PN.Niaga.Jkt.Pst. This paper used a normative legal research method by statute approach and conceptual approach. The type of data that used in this paper is secondary data which includes primary legal materials and secondary legal materials. The result of this paper show that if viewed from Law No. 37/2004 on Bangkruptcy and PKPU, there is law protection for house buyer that bound under Sale and Purchase Agreement by registering become a concurrent creditor to get compensation. Author concluded that when a bankruptcy case occurs, the provisions used are those regulated by Law No. 37/2004 on Bankruptcy and PKPU considering that this law adheres to the principle of integration. The government should renew the bankruptcy conditions by implementing an insolvency test so that consumer creditors are protected from debtors with bad intentions, public should be careful in buying houses through the Sale and Purchase Agreement.

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