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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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ANALISIS KEADILAN DALAM PEMIDANAAN TERHADAP IKUT SERTA MELAKUKAN PENGANIAYAAN BERAT DENGAN RENCANA Celine Florentza Simanungkalit; R Rahaditya
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.v4i2.17956

Abstract

The crime of premeditated severe maltreatment is an act of persecuting another person, or severe persecution and carried out with a prior plan, can be punished with imprisonment for a maximum of twelve years, but if the act causes the person being persecuted to lose his life (experiencing death), shall be sentenced to a maximum imprisonment of fifteen years. In the process of a criminal act of serious maltreatment with a plan, it can be carried out with the participation or of a person, it is both physically and psychologically. And in the process of punishing the perpetrators, mistakes often occur in determining the class of the perpetrators which results in the achievement of a justice which is one of the objectives of the law itself in the judicial process. To achieve justice that is appropriate and based on law, proper and good thinking framework is needed by law enforcement officers in the judicial process, as well as improvement of positive law so that the basis used in deciding a case is appropriate and fair.
TANGGUNG JAWAB GANTI RUGI PENGELOLA JASA TERHADAP KEHILANGAN DAN KERUSAKAN KENDARAAN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR: 458K/PDT.SUS-BPSK/2017) Tatiana Imarasha; 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.v4i2.17890

Abstract

Humans are social creatures who will always be in touch and need each other. There are ten basic rights that humans have, namely: the right to live, the right to have a family and continue offspring, the right to develop oneself, the right to obtain justice, the right to personal freedom, the right to security, the right to welfare, the right to participate in government, women's rights and finally children's rights. According to Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia, it is stated that: The State of Indonesia is a State of Law. Based on the contents in this thesis, there is a problem, namely how the legal responsibility of parking service managers in the event of loss and damage to vehicles in the parking area (Case Study: Supreme Court Decision Number: 458K/PDT.SUS-BPSK/2017), further research objectives in this thesis To find out and analyze the form of legal responsibility for parking service managers in the event of loss and damage to vehicles in the parking area based on the case study of the Supreme Court decision number: 458K/Pdt.Sus-Bpsk/2017.
EFEKTIVITAS PEMBERLAKUAN SURAT IZIN MENGEMUDI TERHADAP PENGEMUDI DIBAWAH UMUR KECAMATAN KALIDERES, JAKARTA BARAT Gladys Natalie Aurielle Sirait; 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.v4i2.17961

Abstract

The requirements for motorcycle drivers are regulated in Law No. 22 of 2009 concerning Road Traffic and Transportation, namely in Article 80 which reads "everyone who drives a motorized vehicle on the road is required to have a driving license in accordance with the type of motorized vehicle being driven". This writing raises the issue of the effectiveness of the application of a driving license to underage drivers, especially in Kalidere District, West Jakarta. However, this has not been achieved optimally, it can be seen in the phenomenon of the practice of underage drivers who are still commonly found on Highways, especially in Kalideres District, West Jakarta. This writing uses a normativeempirical method, namely where data collection is carried out by direct observation in the field through interviews, secondary data collection is carried out first before conducting interviews. With the increasing number of motorized vehicles, the facts show that many children are actually not old enough to drive a motorized vehicle. Whereas Law No. 22 of 2009 has regulated the problem of motorized vehicle drivers. Motorcycles have become an inseparable part of the lives of Indonesian people. Until 2016 the number of motorcycles in Indonesia reached 85 million vehicles. However, the large use of motorcycles in Indonesia has not been matched by awareness of driving safety
ANALISIS PELAKSANAAN PENGELOLAAN ROYALTI HAK CIPTA LAGU DAN MUSIK OLEH LEMBAGA MANAJEMEN KOLEKTIF NASIONAL BERDASARKAN PERATURAN PEMERINTAH NO. 56 TAHUN 2021 Jevano Tri Alexander; R. Rahaditya
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.v4i2.17913

Abstract

Songs or music are copyrighted works that are protected by copyright. Every Creator or Related Rights owner will get his economic rights in the form of royalties, if there are users or public service places that use songs or music for commercial purposes. Recently, the president signed and ratified the government's law and regulation Number 56 of 2021 regarding the management of royalties on song and/or music copyrights. This PP was issued to optimize and provide legal protection and certainty to the creator or the author's rights regarding song copyright royalties. So that all business people where public services are listed in the PP, such as cafes, restaurants, music concerts, cinemas, karaoke, and others, when using songs or playing songs created by others for commercial purposes are required to pay royalties through LMKN. The LMKN is an institution that has the authority to collect royalties for song and/or music copyrighted works from commercial users. However, how does LMKN conduct supervision in supervising commercial users and so that this Government Regulation is enforced? The PP also does not explain how LMKN supervises and monitors these public service places. As well as places of public service are also very widely spread throughout Indonesia. Therefore, LMKN really needs to pay attention to the mechanism for managing the collection of song and/or music copyright royalties so that creators and musicians in Indonesia are guaranteed legal protection and LMKN actually carries out their obligations as stated in PP 56 of 2021
DAMPAK ATAS OVERKAPASITAS PADA LAPAS TANGERANG DALAM PEMENUHAN HAK NARAPIDANA MENURUT UNDANGUNDANG NOMOR 12 TAHUN 1995 (STUDI PADA LEMBAGA PEMASYARAKATAN PEMUDA KELAS II A TANGERANG) Devi Ulan Dari; 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.v4i2.18016

Abstract

Correctional Institutions as representatives of the government have tried to provide coaching services to prisoners as well as possible. In the context of this guidance, efforts are also made to ensure the fulfillment of the rights of prisoners. This study aims to determine the inhibiting factors of prisoners' rights and their impact at the Class II A Tangerang Youth Correctional Institution on the rights of prisoners in the Class II A Tangerang Youth Correctional Institution. This research is empirical research, where field interviews are conducted with the Youth Prison Class II A Tangerang, then the study of library materials by studying, reading, analyzing and analyzing the literature is also carried out to develop studies related to the title of this research.From the study it can be concluded that the impact of overcapacity in the Class II A Tangerang Children's Prison causes a lack of supervision of inmates, thus interfering with the rights of prisoners. Prisons whose number of prisoners exceed the existing capacity will hamper the functions and goals of the correctional institution and have the potential not to achieve the goals of development within the correctional institution. Various preventions have also been carried out by building new prisons and sending prisoners to prisons that are not classified as overcapacity
MPLIKASI KASUS SENGKETA MEREK WD-40 DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (CONTOH KASUS NOMOR 39/PDT.SUS.MEREK/2018/PN.NIAGA.JKT.PST. Muhammad Alkindi Soramoes; Christine S.T. Kansil
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.v4i2.17918

Abstract

The case of a trademark dispute between WD-40 and Get-All-40 proves that there is still a gap in trademark infringement by irresponsible parties, or parties who hitch a ride on well-known brands in bad faith. The problem faced is what is the implication of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases. The research method used is normative juridical legal research. The results of the study show that the implications of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases, where this trademark dispute was resolved / broken by the judge with the victory of the Plaintiff WD- 40 Company and WD-40 Manufacturing Company which in this case the judge canceled the registration of the Defendant's "GET ALL-40 and Painting" Mark: (1) "GET ALL-40 and Painting" Mark with No. Registration IDM000616481 in Class 2; and (2) “GET ALL-40 and Painting” Mark with No. Registration IDM000616482 in Class 2; from the General Register of Marks. Procedures for lawsuits at the commercial court for infringement of marks need to be implemented in accordance with the time limit stipulated in Law Number 20 of 2016 concerning Marks and those who do not accept the decision of the commercial court can file an appeal to the Supreme Court, because the commercial court does not regulate legal remedies. appeal.
PERLINDUNGAN HUKUM TERHADAP KORBAN SALAH TANGKAP ATAU ERROR IN PERSONA (STUDI KASUS PUTUSAN PENGADILAN NEGERI SEKAYU NOMOR 330.PID.SUS/2020/PN.SKY) Yunita Dimer Bustomi; R Rahaditya
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.v4i2.17971

Abstract

False arrest is a mistake about the person in question or a mistake about the person and is a problem in the Criminal Justice System because of a violation of rights at one or all levels of examination. These violations can be in the form of procedural violations, administrative violations, violations against the suspect's personal self to serious violations such as fabricating witnesses and engineering evidence of a case. Criminal law aims to protect and save individuals from crimes in society, so that this goal must be maintained so that it is not possible for a crime to escape due to an error in the investigation or maybe vice versa there is no crime which due to an incorrect method of investigation causes innocent people to suffer and be punished. crime without being based on the law. Legal protection for victims of wrongful arrest in criminal justice is regulated in Law no. 8 of 1981 concerning the Criminal Procedure Code (KUHAP), namely in the form of Compensation and Rehabilitation. Provisions regarding compensation include acts of arrest, detention, prosecution, or trial or because they are subject to other actions without reasons based on law, or because of errors regarding the person or the law that is applied. The application for compensation for the decisions that have been submitted until the court stage is completed by the District Court. Meanwhile, rehabilitation can be obtained by someone who has been released or released from all legal claims whose decision has permanent legal force. The amount of compensation claims that can be submitted by victims of wrongful arrests based on PP No. 92 of 2015 concerning the Second Amendment to Government Regulation No. 27 of 1983, namely the amount of value obtained by a person who is acquitted or dismissed from all legal claims whose decision has permanent legal force. Meanwhile, rehabilitation is given and submitted at the same time in a court decision that has permanent legal force.
ANALISIS YURIDIS TERKAIT FUNGSI DAN KEWENANGAN DPD DALAM KETATANEGARAAN INDONESIA Tifanni Tifanni
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.v4i2.17472

Abstract

State institutions that emerged after the amendment to the 1945 Constitution were regulated in article 22 called the Regional Representative Council (DPD) with the aim that the regions have the right to participate in decision making and to accommodate the aspirations of the regional community, but there are problems in the functions and powers of the DPD which which is not in accordance with the initial purpose of forming the Regional Representative Council (DPD), this study aims to analyze the functions and authorities of the DPD after the amendment to the 1945 Constitution. This writing uses normative research, and also uses legal sources from books, laws and regulations and websites. This research shows that after the amendment to the 1945 Constitution the functions and powers of the DPD are very limited, therefore it should make changes related to the functions and authorities of the DPD in order to carry out their duties properly.
PENAFSIRAN HAKIM TERHADAP ALASAN SALAH SANGKA SEBAGAI PENYEBAB .PEMBATALAN SUATU PERKAWINAN DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG.PERKAWINAN (STUDI KASUS PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 981/Pdt.G/2020/PA.BTL) Marcelino Valentin; 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.v4i2.17976

Abstract

Marriage cancellation can be done if a marriage does not meet the marriage requirement. Article 27 paragraph (2) of Marriage Law states that the reason for the cancellation of marriage is the existence of misunderstanding regarding the husband or wife. In this writing this law analyzes using legal construction or analogy. In analogy, different but similar, similar, or similar events arranged in law are treated equally. In this writing the result is that homosexual can be the reason for the cancellation of marriage because of a mistaken opinion about the husband. This is done using the method of legal discovery with legal construction argumentum per analogiam on the judge’s decision that grants the cancellation of marriage because the spouse is a bisexual. The legal consequences of the cancellation of marriage result in a relationship between husband and wife, the position of the child, and shared assets. Regarding the relationship between husband and wife, after the existence of a court decision with permanent legal force, marriage is deemed to have never existed, then the child remains a legitimate child and remains the responsibility of both parents. Regarding the joint assets, the agreement between the two parties, the sharing of shared assets must not harm the well-intentioned parties, however, those with good intentions must benefit, even those with bad intentions must bear all losses.
AKIBAT HUKUM TERHADAP PEMBELI BERITIKAD TIDAK BAIK DALAM TRANSAKSI JUAL BELI TANAH Yoliandri Nur Sharky; 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.v4i2.17478

Abstract

This research explains how the criteria of buyers are not good and the legal consequences of buyers have bad intentions in buying and selling land in the case of the 1943K / Pdt / 2019 verdict. The research method used is a normative juridical research method. The data source used is secondary data. Data collection techniques use literature study techniques. The results showed that: 1) land buyers were declared badly intentioned buyers in the case of 1943K / Pdt / 2019 because buying and selling was done not using a legal rights basis because they did not research and be careful in buying and selling land that caused buying and selling contrary to the law, namely unfulfilled Article 1320 of the Civil Code, material requirements and formal conditions of land buying and selling, and did not meet the criteria of buyers with bad intentions according to SEMA No.4/2016. 2) The legal consequences of the buyer in bad faith cause the agreement to buy and sell land until the issuance of the certificate of land rights becomes null and void and has no binding legal force. Conclusion of this study 1) The criteria of buyers with bad intentions is that buyers are not careful and do not research the land purchased, buying and selling using unauthorized rights, rejecting the good faith of the seller, not meeting the requirements of Article 1320KUH Civil, do not meet the material requirements and formal requirements of buying and selling land, and do not meet the criteria of buyers in good faith SEMA No.4/2016.

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