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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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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.v4i2.17942

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)
PERTANGGUNGJAWABAN INFLUENCER DALAM PEMBUATAN KONTEN PENGIKLANAN MELALUI SOCIAL MEDIA YANG MENGANDUNG INFORMASI PALSU (CONTOH KASUS KARTIKA PUTRI DAN DR. RICHARD LEE). Sergio Solaiman; 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.v4i2.17874

Abstract

We often encounter advertising practices through social media, this can be in the form of a practice we know as endorsement, but it is not uncommon that endorsements made by influencers contain false information. Of these cases, why are the influencers who assist the endorsement process rarely penalized while they participate in the process of advertising a product that harms consumers? The author examines the problem by using normative research methods. The research data shows that there are weak clauses in the UUPK that do not clearly define who is meant by advertising business actors, and what form of concrete responsibility is the advertising business actors. This weakness results in most endorsements containing false information leaving the influencers and endorsers free from sanctions and only focusing on the producers of the goods or services. As in the example of the case when endorser promoting beauty and cosmetic products to her followers on Instagram, but further investigation has proven that the product contains toxic and dangerous ingredients and requires a doctor's prescription to be able to use it. The results of this study indicate the need for an element of caution for endorsers and influencers against endorsement offers that do not have a license, both in their products and businesses, by doing so they will not be penalized. It is recommended that further regulation of advertising content on social media is needed so that there is differentiation of responsibilities of endorsers and influencers according to their actions and caution.
PENEGAKAN HUKUM LINGKUNGAN DALAM BIDANG PENGELOLAAN SAMPAH SEBAGAI PERWUJUDAN PRINSIP GOOD ENVIRONMENTAL GOVERNANCE DI KOTA SURAKARTA Verdy Verdianto; 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.v4i2.18030

Abstract

Waste management is still a problem which is not yet solved. This research aims to study the problems in waste management in Surakarta. It was a doctrinal/normative legal research using the statute approach, which then analyzed qualitatively. There are laws related to waste management in Indonesia, they are Law number 18 Year 2008 on Waste Management, Law No. 32 of 2009 on the Protection and Environmental Management, and some more. The law enforcement in waste management refers to the legal system i.e. structure, substance, and culture. There are two kinds of waste management law enforcement; preventive and repressive. The effectiveness of the enforcement refers to the combination of structure, substance, and law cultures of the community. The effective law enforcement on waste management also indicates the commitment of the government, both local and national, in applying the principles of Good Environmental Government in order to build community awareness on a good and healthy environment
REFORMULASI BATAS USIA KEHAMILAN AKIBAT PEMERKOSAAN SEBAGAI SYARAT TINDAKAN ABORSI Alvira Damayant; 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.v4i2.17947

Abstract

One of the most highlighted sexual harrasment case in the recent time, is the rise of rape against teenager and minors. Most of the victims will experience trauma, psychological disorder and even cause an abortion. The issues in this research is why the gestational age limit as a requirement for Abortus Provocatus Criminalis needs to be revised The research method used is empirical research. Based on the result of this research is that Article 76 letter (a) of the Health Law s an article that needs to be revised by the government. Because for rape victims, 6 weeks is a very short time to provide protection for rape victims to be able to have an abortion.
PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK MEREK TERKENAL BERDASARKAN UNDANG-UNDANG NO. 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (STUDI KASUS MEREK STRONG VS MEREK STRONG 12 JAM) Tazkya Salsabila; 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.v4i2.17881

Abstract

Trademarks are part of Intellectual Property Rights which can play a role in preventing unfair business competition. Business actors are entitled to legal protection for their trading activities. It is very important to protect well-known brands given the prevalence of brand infringement that occurs, with protection of well-known brands aimed at avoiding the loss of well-known brand holders and protecting consumer confidence in the quality of the well-known brand. However, currently there are still frequent trademark infringements carried out by other parties without rights and without permission to use wellknown brands that have been registered, one of which is the case between Hardwood Private Limited against PT. Unilever Indonesia, Tbk. which will be studied in this research and raises the main issues: How is the legal protection for well-known trademark rights holders based on Law no. 20 of 2016 concerning Brands and Geographical Indications (Case Study of Strong Brand vs Strong Brand 12 Hours) ?. The results of the study indicate that it is true that there have been violations committed by PT. Unilever Indonesia, Tbk. by producing, promoting, marketing similar toothpaste products using the “Strong” brand which results in material and immaterial losses for the well-known brand rights holders, namely Hardwood Private Limited and there is no legal protection for the well-known brand “Strong” owned by Hardwood Private Limited. The author suggests that business actors must prioritize the distinguishing power of the trademark to be registered in order to maintain healthy business competition.
ANALISIS PERMOHONAN CONSERVATOIR BESLAG BENDA BERGERAK MILIK PERUSAHAAN DITINJAU DARI PRINSIP RIJDENDE BESLAG (STUDI KASUS PUTUSAN NO.42/PDT.G/2017/PN.TNG) Ignatius Putra Jaya Simanullang; Stanislaus Atalim
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.v4i2.17952

Abstract

Confiscate guarantee means that in order to guarantee the implementation of a decision at a later date, the property of the defendant, both movable and immovable during the litigation process, is confiscated first, or in other words that the confiscated goods cannot be confiscated. transferred, traded or transferred to another person. Based on article 227 paragraph (1) HIR, confiscation of collateral can only be applied in cases of debts, but in practice, its application is expanded to include disputes over claims for compensation either arising from Act Against the Law based on 1365 of the Civil Code, in the form of material compensation and compensation. immaterial. The confiscation of collateral has one of the principles, namely the principle of rijdende beslag which in that principle is the confiscation of collateral which is placed on the property of the defendant at the request of the plaintiff. The confiscated Rijdende Beslag were company assets. The custody and management of the company may not be left to the plaintiff, so the business activities of the defendant are not prohibited. Like the case that was tried in the Tangerang District Court with Decision Number 42/Pdt.G/2017/PN.TNG regarding the Compensation Claim which is an unlawful act. The judge considered the confiscation of collateral for losses in the case between PT Hokari Linex Pratama and PT Arimbi Jaya Agung Group. Regarding the reasons for the refusal to confiscate the collateral, which has been decided by the Tangerang District Court, it is contrary to the principle of rijdende beslag which states that the defendant's property can be used as an object of Confiscate guarantee without reducing the business activities of the defendant.
PENERAPAN PASAL 264 AYAT (1) KUHP DALAM PEMIDANAAN PEMALSUAN AKTA NIKAH STUDI PUTUSAN (NOMOR 1471/Pid.B/2019/PN Jkt. Utr.) Velia Audia Septian; 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.v4i2.17886

Abstract

Forgery of letters can have a manipulative effect on the originality of the contents of a letter. The provisions for forgery of letters containing in the Criminal Code Articles 263 to Article 276. This research aims to know how the application of Article 264 paragraph (1) of the Criminal Code in criminalizing marriage certificate falsification in (Study of Decision Number 1471/Pid.B/2019/PN. Jkt. Utr.). The research method used in this study is a normative research method, and the research specification is descriptive. The legal materials in this study are primary, secondary, and tertiary with a law and case approach. The results of this study illustrate that the criminal act of forgery committed by the Decision Number 1471/Pid.B/2019/PN. Jkt. Utr. has been proven that Wawan Setiawan as Defendant was right in committing the crime of falsifying the marriage certificate and marriage book. Therefore, the Defendant’s actions caused losses from various parties as wel as loss of confidence in the authentic deed. The perpetrators of the crime of falsifying authentic deeds in this case should be get punishment in accordance under legal provisions, that is violation of Article 264 paragraph (1) of the criminal code. Whereas, the criminal act of forging letters, the elements of which are in Article 263 of the Criminal Code. Article 264 paragraph (1) regulated of the criminal code and the punishment is even more severe if the forged is an authentic deed. Thus, in determining a crime, it is necessary to pay attention to the elements of the article given so that the sentence imposed is appropriate and fair
DISPARITAS PENJATUHAN PIDANA TAMBAHAN DALAM PERKARA TINDAK PIDANA KORUPSI PENGADAAN BARANG DAN JASA (Studi kasus putusan PN Mamuju Nomor: 3/ Pid-Sus-TPK/2021/PN. Mam. dan putusan PN Bandung Nomor: 55/ Pid-Sus-TPK/2021/PN. Bdg) Hans Poliman; 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.v4i2.17957

Abstract

Indonesia is one of the countries that guarantees justice for everyone. In practice, justice and legal certainty as laid out in the foundation of our country is only a sweet writing that has not been properly applied." One of the injustices that are often experienced by the people who find justice (Justiciabelen) especially in the field of justice is the disparity of prosecution. Basically, the disparity of prosecution is something that is natural because the fact of the trial in one case against another case certainly has a uniqueness even though it is ensnared with the same article of laws and regulations. But a verdict can be categorized as disparity if it is not accompanied by clear or erroneous considerations in understanding the formulation of the article indicted so as to cause injustice and can cause suspicions in the community. One of the criminal acts that often experience disparity of prosecution is the crime of corruption. This can be compared to 2 (two) verdicts, namely the Decision of PN Mamuju Number: 3 / Pid-Sus-TPK / 2021 / PN. Mam. and Decision of PN Bandung Number: Number: 55Pid.Sus-TPK/2020/PN Bdg on behalf of Shokhibul Hidayat. Where the Panel of Judges who tried Defendant Saddam Maulana Arief, ST and Defendant Shokhibul Hidayat have different considerations. Thisattracted researchers to conduct an analysis of THE Verdict of PN Mamuju Number: 3 / Pid-Sus-TPK / 2021 / PN. Mam is seen from the disparity category. Based on the results of aanalysis conducted by PN Mamuju Decision Number: 3 / Pid-Sus-TPK / 2021 / PN. Mam has fulfilled the category of disparity in imposing additional charges on defendants because it is wrong in formulating the Corruption Eradication Act.
KEBIJAKAN FORMULASI PEMULIHAN NAMA BAIK KORBAN TINDAK PIDANA PENGHINAAN DAN/ATAU PENCEMARAN NAMA BAIK DALAM PENAGIHAN PIUTANG OLEH DESK COLLECTOR FINTECH P2P LENDING ILEGAL DI INDONESIA Eliza Della Kanaya; 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.v4i2.17909

Abstract

Started from the big amount of complaints related to criminal acts of defamation by Fintech P2P Lending illegal in Indonesia at this time, and realizing that there are obstacles in restoring the good name of victims in the legal system in Indonesia, it is felt that there is a need for legal reform that emphasizes victim recovery. This study examines about the formulation of the good name recovery policy for victims of criminal acts of defamation, especially victims of criminal acts of defamation by illegal Fintech P2P Lending. The type of research used is normative prescriptive which is carried out with a statute approach, comparative approach, and conceptual approach. This research resulted a new concept that can be adapted and applied in Indonesia, namely the form of satisfaction as an alternative in restoring the victim's good name, so that the victim can obtain restitution on his behalf only through the application mechanism, and does not need to file a civil lawsuit. Thus, the victim can get a recovery of his name and restore his social life in society as soon as possible
KEPASTIAN HUKUM KEWENANGAN PERADILAN MILITER DALAM MENGADILI PERKARA KONEKSITAS TERHADAP PENYERANGAN POLSEK CIRACAS (PUTUSAN DILMIL II 08 JAKARTA No. 232-K/PM. II-08/AD/XII/2020 – Tanggal 29 April 2021) M Rizky Aulia Hakim; 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.v4i2.18022

Abstract

Article 89 paragraph (1) of the Criminal Procedure Code (KUHAP), criminal acts committed jointly by those belonging to the General Courts and Military Courts. To find out the legal provisions, to find out the mechanism for implementing the application of Civil and Military Justice, and to find out what obstacles arise in the implementation of Legal Certainty on the Authority of the Military Courts in Triing Connectivity Cases Against the Ciracas Police Sector Attack. Method or methodology is defined as the logic of scientific research, study of procedures and techniques. Research is essentially a series of scientific activities and therefore uses scientific methods to explore and solve problems, or to find a truth from existing facts. Crime is an eternal problem in human life, because crime develops in line with the development of human civilization. This also means that crime is a human problem from time to time. Crime is a phenomenon and social reality that causes bad feelings for the life of every human being. Evil often comes we cannot avoid, so we must be able to face the evil (Like it or Not). The incidence of crime has disturbed the community. A lot of money and energy has been spent to tackle the problem of crime, but the results have not been satisfactory. In fact, there is a tendency for the numbers to increase in some areas, both in terms of quality and quantity.

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