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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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ANALISIS PERLINDUNGAN HUKUM ATAS HAK MORAL PENCIPTA KARYA FOTOGRAFI TERHADAP PENGGUNAAN CIPTAAN FOTOGRAFI OLEH PIHAK LAIN DI MEDIA SOSIAL “INSTAGRAM” SECARA KOMERSIAL BERDASARKAN UNDANG-UNDANG NO.28 TAHUN 2014 TENTANG HAK CIPT Khusbu Vaswani; 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.v4i2.13644

Abstract

In today's era, technological developments occur very rapidly and it can greatly help economic development by selling products without face to face. Social media can be used for illegal purposes, and can be the best place to do other negative things. This provides an opportunity for everyone who has bad intentions, such as committing fraud, copying works, and even becoming a place for bullying or oppression and spreading hatred to others for the purpose of inciting one another. Online sales are becoming popular in various countries because of the easy and fast way of making, but there are many cases that can occur in the online world that are difficult to get legal protection. Photographic works are very important in the online business world for commercial use of the products sold and these works must be copyrighted to be protected. However, there are many obstacles in online business ventures that occur due to the theft of photographic works of business competitors which are further regulated in Law Number 28 of 2014.
PIDANA MATI SEBAGAI SARANA EXTRA ORDINARY DALAM MEMBERANTAS TINDAK PIDANA KORUPSI Haninah Mahfoedz
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.v4i2.17962

Abstract

Corruption is now increasingly rampant in this country and is very difficult to stop. Corruption has occurred in all areas of governance, be it executive, legislative, or judicial. The continuous increase in corruption in Indonesia causes this crime to be included in the category of extraordinary crime or known as extraordinary crime. The consequences that occur when corruption is categorized as an extraordinary crime are that it must be handled in extraordinary ways and even though it is normative, Article 2 paragraph (2) of the Corruption Law which allows for a death penalty for committing corruption in certain circumstances, Until now, since the AntiCorruption Law was passed, no perpetrator has been sentenced to the death penalty. Even for corruption committed during the pandemic, no one was sentenced to death. Thus, the problem in this research is how to reformulate the death penalty provisions in the criminal law policy of corruption in the future by using normative legal research (normative juridical) or prescriptive library law research.
TANGGUNG JAWAB PPAT TERHADAP AKTA JUAL BELI YANG DIBUAT TANPA SEPENGETAHUAN ISTRI SAH DARI SALAH SATU PENGHADAP (STUDI KASUS PENGADILAN NEGERI SERANG NOMOR 39/PDT.G/2017/PN SRG JUNCTO PUTUSAN PENGADILAN TINGGI BANTEN NOMOR 60/PDT/2018/PT BTN JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 227 K/PDT/2019) Natasya Elvara Yusuf; 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.v4i2.17914

Abstract

The sale and purchase transaction i carried out with the Sale and Purchase Deed Number made by PPAT without the knowledge and approval of the seller's wife who in making the AJB the seller gives the selling power to the buyer so that only the buyer faces PPAT, in which it turns out that the seller uses a false identity and is not married and the object of land being sold is a joint property. The problem in writing this thesis is how the PPAT is responsible for the deed of sale made without the knowledge of the legal wife of one of the parties and what are the legal consequences for the status of the land being traded using the deed of sale made by PPAT without the knowledge of the legal wife of one of the parties. facing. The research method is normative legal research. The results of the research in this thesis indicate that the PPAT against the deed he made without the knowledge and approval of the wife is illegitimate and null and void can be held accountable administratively, civilly but not criminally because it is not proven. Regarding the legal consequences of the land status which AJB canceled by law, the land status should be returned to its original state by filing a lawsuit to the State Administrative Court
PENERAPAN SISTEM PEMBERATAN PIDANA RECIDIVE GUNA MEMBERANTAS NARKOTIKA Julian Devara Asyraf; 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.v4i2.18015

Abstract

This research is a normative legal research by collecting data on criminal decisions on the issue of narcotics recidivist Indonesia. This study uses a legal approach and a case approach that is related to the problems in this study, which are criminal cases regarding. The purpose of punishment is as a deterrent effect, coaching and educating the perpetrators so that they do not repeat their actions again and become better individuals in carrying out their lives so as to create security and protection for the people in Indonesia from the effect of drugs abuse and Undang-Undang Narkotika Nomor 35 Tahun 2009 concerning Narcotics can be used as a policy formulation that can be used as a policy that is used as a step to provide legal certainty to the community and also as an alternative to solving problems. Moreover, it can be used as a step as a preventive to recidivism which in essence is an integral part of efforts to provide legal certainty to the public, as well as a step alternative in solving a legal issue.
PERANAN KOMISI PENGAWAS PERSAINGAN USAHA TERHADAP INFLASI HARGA OBAT SELAMA PANDEMI COVID-19 Tiya Nur’aini; 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.v4i2.17919

Abstract

During the Covid-19 Pandemic, many negative impacts on life in general, such as a problem that newis currently occurring, namely the increase or inflation of drug prices, many business actors make this event a large profit field and can add to problems such as hoarding is an example of the case, namely the hoarding of drugs by PT ASA which also increases the selling price of its drugs and raises prices beyond the MRT(maximum retail price) provisions which can lead to monopolistic practices and unfair business competition between business actors. with the main problem: What is the role of the Business Competition Supervisory Commission (BCSC) on Drug Price Inflation During the Covid-19 Pandemic? . The method use a normative research that the results of this study indicate that problems with inflation or drug prices increase must be addressed by the Business Competition Supervisory Commission (BCSC) in carrying out its role in efforts to prevent monopolistic practices and business competition in every business activity and can foster a conducive business climate through the creation of fair business competition, and prevent monopolistic practices and or unfair business competition caused by business actors, as well as create effectiveness and efficiency in business activities in the context of increasing national economic efficiency as one of the efforts to improve people's welfare is the objective of BCSC in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.
KEPASTIAN HUKUM PEMIDANAAN TERHADAP DELIK KETERANGAN TIDAK BENAR ATAU MENGGUNAKAN SURAT PALSU SEBAGAI CALON BUPATI PILKADA (STUDI KASUS DI SABU RAIJUA PUTUSAN MK NOMOR : 135/PHP.BUP-XIX/2021) Mazmur Prima Dimu Heo; 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.v4i2.17972

Abstract

Indonesia applies as a single citizenship (monopartite) for those who are legally capable or are 18 years old based on Law Number 12 of 2006 concerning citizenship, but what attracts attention is the dual citizenship of the candidate for Regent in Sabu Raijua Orient Patriot Riwu Kore who has American passport which means automatically being a citizen of the United States (US) and at the same time Oriet Patriot Riwu Kore masi is registered as an Indonesian citizen (WNI), based on the conditions that must be met to become a candidate for regional head as stipulated in the Act. Law number 10 of 2016 concerning Regional Head Elections (Pilkada) which states that only Indonesian citizens can become candidates for Regional Head, because of that formally fully the requirements to be appointed as a candidate for Regent contains formal legal defects because only Indonesian citizens should (WNI) only can calo n himself as a candidate for regent. Therefore, the determination of the Orient Patriot Riwu Kore as regent of the candidate pair 2 must prove that it is against the law (illegal) or null and void (null and void or void ab initio). Further, based on the decision of the Constitutional Court Number: 135/PHP.BUP-XIX/2021 only administrative sanctions were given, namely the disqualification of candidate pair number 2, Orient Patriot Riwu Kore and a re-vote (PSU) criminal sanctions for being dishonest or providing incorrect information regarding their citizenship status.
Fungsi dan Peran Badan Perwakilan dalam Sistem Hukum Tata Negara Leona Citra Maranatha; 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.v4i2.17474

Abstract

In Indonesia, the state administration system is regulated in the 1945 Constitution, Laws or Government Regulations in Lieu of Laws, Government Regulations, Presidential Regulations, and Regional Regulations. While the power of authority lies at the national level to the lowest citizen group which includes the MPR, DPR, President and Vice President, Minister, MA, MK, BPK, DPA, Governor, Regent/Mayor, to the RT level. These powerful institutions act as representatives of the voices and hands of the people, because Indonesia adheres to a democratic system. The institution is filled by the people of the country who carry out the government of the country. The general understanding of HTN is a set of rules or rules governing state organizations, state equipment, authority of state equipment, relations between state equipment, and the duties and functions of state equipment. The subjects of HTN are State institutions according to the 1945 Constitution (MPR, PRESIDENT, DPR, DPD, Supreme Court, Judicial Commission, Constitutional Court, and Supreme Audit Agency), officials / figures, and citizens. Of the HTN subjects, there are those who act as representative council which have their own roles and functions. The representative bodies in the HTN are the MPR, DPR and DPD. Representative institutions or the so-called parliament generally has 3 functions, the function of legislation, the function of supervision, and the means of political education. As for the function of parliament according to Jimmly Asshidiqie are the legislative function, the supervisory function, and the representative function.
ANALISIS PEMIDANAAN DALAM TINDAK PIDANA KEPABEANAN (STUDI KASUS NOMOR 1313/PID.SUS/2018/PN.JKT.UTR) Dwiayu Agengsar
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.v4i2.17977

Abstract

The crime of smuggling is a form of crime that is very detrimental to the government in terms of state revenue and is very disturbing to the community in terms of economic stability. State consists of tax receipts, tax opening recepicts, and grants. The state of Indonesia as a legal state requires the realization of a flexible legal system based on Pancasila and the 1945 Constitusion which contains the principile of justice. This type of research aims to provide a systematic explanation of the rules governing a particular category of law. The method used is normative and the specifications are descriptive analytical, where with research, it can produce arguments which can then be useful to build a new mindset and provide something positive. The results of this study gave birth to an argument based on the facts that a country needs to accommodate an international trade but still adhere to the existing regulations in Indonesia law or other countries
PERBANDINGAN KETENTUAN KEPEGAWAIAN INDONESIA ANTARA UNDANG-UNDANG NOMOR 8 TAHUN 1974 JUNCTO UNDANG-UNDANG NOMOR 43 TAHUN 1999 TENTANG POKOK-POKOK KEPEGAWAIAN DENGAN UNDANG-UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA Joshua Evan Dwitya Pabisa; Muhammad Rullie Febian R; 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.v4i2.17479

Abstract

Law is required to always adapt to the times. In this case, employment law, especially in Indonesia, has undergone several changes to follow the dynamics of employment law regulations. Employment law does regulate specifically for civil servants and separates them from private employees. Rules related to employment law are contained in Law Number 5 of 2014 concerning State Civil Apparatus (UU ASN). However, long before the enactment of the Act, the legal basis used in the employment law was Law Number 8 of 1974 concerning the Principles of Employment. This study looks at the differences in the substance that is renewed by the government in the regulation of employment law in order to support more optimal public services. In his research, the author uses a descriptive normative legal research method. This study uses document or literature study techniques. The author then analyzed using qualitative analysis methodss.
FUNGSIONALISASI SANKSI PIDANA DALAM MENANGGULANGI TINDAK PIDANA DI BIDANG PERLINDUNGAN KONSUMEN UNTUK MELINDUNGI KONSUMEN DARI BAHAYA KOSMETIK TIDAK BERLABEL Ferdian Soni; 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.v4i2.17982

Abstract

Currently, there are many cosmetic products circulating in the market that are not labeled without knowing the composition contained in them, so that it endangers consumers. The problems faced in this study are how effective the use of criminal sanctions in providing protection to consumers from unlabeled cosmetic products is and how to functionalize criminal sanctions in providing protection to consumers from unlabeled cosmetic products. The research method used in this research is normative juridical law research. The results of the study indicate that Law Number 8 of 1999 concerning Consumer Protection has basically provided legal protection to consumers. Criminal sanctions against perpetrators who produce or distribute unlabeled cosmetics have been clearly regulated in several laws and regulations including the Health Law, UUPK, PP Number 72 of 1998 and Perka BPOM No. HK.03.1.23.04.11.03724 of 2011 concerning Cosmetics Importation Control. In terms of being functional related to criminal sanctions in providing protection to consumers from unlabeled cosmetic products, it is by increasing public legal awareness to report on unlabeled cosmetics, conducting supervision of unlabeled cosmetics in circulation to find out who the manufacturer is and report it to the police. (c) BPOM and YLKI cooperate with law enforcement or cooperate with various parties to prevent the circulation of unlabeled cosmetics and hold a communication forum to bring together cosmetic industry producers and BPOM.

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