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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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PENYELESAIAN KEPEMILIKAN KEWARGANEGARAAN GANDA DALAM PEMILIHAN KEPALA DAERAH KABUPATEN SABU RAIJUA (Putusan MK Nomor 135/PHP.BUP-XIX/2021) Amor Ghozi; Rasji Rasji
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.v4i2.18014

Abstract

The execution of the Indonesian state framework with a popularity based framework needs the appointment of local heads chosen by individuals in the district or area. The Political Decision Commission as the coordinator of the territorial head political race controls the execution of concurrent local head races in all areas of the Republic of Indonesia which were addressed in 2020 prior. Yet, there are cases connecting with double citizenship status in the choice of the Sabu Raijua official couple, East Nusa Tenggara. Situate Nationalist Riwu Kore up-and-comer Official number 2, demonstrated to have Indonesian and American citizenship. Situate Nationalist Riwu Kore subsequent to being dictated by KPU has the privilege to be a contender for official with the most noteworthy vote. In the choice of the Sacred Court Number 135/PHP.BUP-XIX/2021, the Established Court pronounced the preclusion of applicant number 2 Arrange Loyalist Riwu Kore and Thobias Ully from the appointment of Official and Representative Official of Sabu Raijua Rule. Subsequent to pronouncing preclusion the Sacred Court asked to re-vote..
AKIBAT PUTUSNYA HUBUNGAN PERKAWINAN TERHADAP HAK SUAMI ATAS HARTA BERSAMA YANG MASIH DALAM PROSES ANGSURAN (STUDI PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR 482/PDT.G/2017/PN.TNG JO. PUTUSAN PENGADILAN TINGGI BANTEN NOMOR 105/PDT/2018/PT.BTN Sherinne Sherinne; 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.v4i2.17759

Abstract

The result of marital relationship between husband and wife broke up that commonly influences to the marital’s joint property. Marital’s joint property after the dissolution of marital relationship is usually distributed between husband and wife in balance. This case in Decision of the Tangerang State Court No. 482/Pdt.G/2017/PN.Tng Jo. Decision of the Banten High Court No. 105/PDT/2018/PT.BTN, dissolution of marital relationship between husband and wife still have the obligation to pay the house installments. After the dissolution of marital relationship, the ex-husband had good faith by paying the house installments until paid off. However, the ex-husband did not get his right to the fulfillment of achievements in paying that house installment. The research method used normative legal research by examining literature through statute approach. The result in legal research is ex-husband has still his right to house installment even though between husband and wife had been already broken up of marital relationship. This is because the house was obtained at the time of marriage between husband and wife, mainly the husband had paid the house installments after the dissolution of marriage. The results of the house installment must be distributed between ex-husband and ex-wife in accordance to the achievements of the house installment that paid at the time of marriage and dissolution of marriage.
ANALISIS KEABSAHAN PEMEGANG SERTIPIKAT TANAH DENGAN ADANYA SENGKETA SERTIPIKAT GANDA (CONTOH KASUS: SERTIPIKAT GANDA DENGAN NOMOR PERKARA 321/PDT.G/2018/PN SMG) Clara Regina Febriella
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.v4i2.17992

Abstract

Land is considered very important for human life, not only in life, even at death humans also need land. The important role of land makes people want to acquire and control the land. The desire to control this land eventually resulted in land disputes, one of which was the existence of a dual land certificate in a piece of land that was officially issued by the National Land Agency. As a result of dual certificates with the accumulation of rights in part or in full, resulting in a dispute for the parties concerned. On the community side, land issues, especially the issue of dual land certificates, have not been fully realized, and only realized after someone else also had a land certificate on the land they owned. Due to the community's ignorance of the dual land certificates, he could not take any preventive measures. The purpose of this paper is to try to provide information, reduce, and prevent the occurrence of double certificates of land. The government as the person responsible for the occurrence of double certificates must have courage and firmness in enforcing land law. In addition, the government should be able to provide information on a regular basis about certificates so that the public knows all the possibilities that cause double certificates to occur.
ANALISIS PERJANJIAN PEMBELIAN APARTEMEN T. PLAZA DENGAN SISTEM PRE PROJECT SELLING DITINJAU DARI PERATURAN MENTERI PEKERJAAN UMUM DAN PERUMAHAN RAKYAT NOMOR 11/PRT/M/2019 TENTANG SISTEM PERJANJIAN PENDAHULUAN JUAL BELI RUMAH (STUDI KASUS: PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 145/PDT.G/2019) Melvina Melvina; 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.v4i2.17764

Abstract

Buying and selling transactions of either a unit of apartment or a house in Indonesia, the transaction records by pre-project selling agreements that deviate from the provisions of Article 1 Paragraph (2) jo. Article 9 Paragraphs (1) and (2) jo. Article 10 Paragraph (1) Regulation of the Minister of Public Works and Human Settlement Number 11/Prt/M/2019 concerning the Preliminary Agreement System for the Sale and Purchase of Houses (Permen PUPR PPJB). The use of the pre project selling agreement greatly weakens the legal position of the apartment buyer/consumer due to the use of standard clauses, the unclear legal status of the buyer of the T. Plaza apartment unit which is not made by PPJB before a notary, all payments made by the buyer are not returned and prior to marketing the apartment construction. T. Plaza has not yet reached 20% of the building construction volume. All of the above issues will be discussed in this article through the study of Decision Number 145/Pdt.G/2019/PN Jkt.Pst. In this decision, the sale and purchase of apartments is carried out through a letter of order number 353/PK-TP/X/2013. The first problem is how is the legal force of the order letter number 353/PKTP/X/2013 in terms of the Regulation of the Minister of Public Works and Public Housing Number 11/PRT/M/2019 concerning the Preliminary Agreement System for the Sale and Purchase of Houses? and secondly, what are the legal considerations of judex fact in the civil case decision number 145/Pdt.G/2019/PN Jkt.Pst, when it says the buyer is in default?. This research was conducted using normative legal research methods. The results of the study show that the rise of apartment unit transactions using pre-project selling without a notarial deed is made, thus weakening the position of buyers with good intentions.
ANALISIS PENERAPAN PASAL 14 AYAT (1) UNDANG-UNDANG NOMOR 1 TAHUN 1946 TENTANG PERATURAN HUKUM PIDANA DAN PASAL 45A AYAT (2) UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERHADAP KASUS PENYEBARAN BERITA BOHONG DI MEDIA SOSIAL (STUDI KASUS: PUTUSAN PENGADILAN NOMOR 277/PID.SUS/2019/PT.DKI) Sonia Christy Sipayung; 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.v4i2.18004

Abstract

Social media can provide positive benefits, but on the other hand it also provides opportunities to be used as a medium for committing criminal acts such as spreading false news. Fake news (hoax) is information that is covered up as if the news is fact. This study aims to find out how the urgency of the implementation of Article 14 clause (1) of Law Number 1 of 1946 concerning Criminal Law Regulations and Article 45A clause (2) of Law Number 19 of 2016 concerning Electronic Information and Transactions is associated with cases of spreading false news. on social media in the case of the Court's decision Number 277/PID.SUS/2019/PT.DKI. The method used is normative legal research. From the analysis of this writing, it is known that there are differences in the elements of the two articles. These elements must be met in the evidence at trial accompanied by the evidence provided for in Article 184 clause (1) of Law Number 8 of 1981 concerning the Criminal Procedure Code, which consists of witness statements, expert witness statements, letters, instructions, and the defendant's statement.
ANALISIS PENERAPAN DALUWARSA DALAM PENGAJUAN GUGATAN TERHADAP HAK UNTUK MEMPEROLEH PEKERJAAN BAGI PENYANDANG DISABILITAS DALAM SISTEM PEREKRUTAN PEGAWAI NEGERI SIPIL (STUDI PUTUSAN NOMOR 85/G/2020/PTUN.SMG) Felishella Earlene; Tatang Ruchimat
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.v4i2.17770

Abstract

Everyone who feel their interests are harmed due to the issuance of a State Administrative Decree has the right to file a lawsuit into authorized State Administrative Court. In the filling of a lawsuit, there are expiration provisions that are regulated in the applicable regulations. If the lawsuit is filed beyond the expiration date, then the lawsuit cannot be accepted, on the other side there is interests of a person that have been harmed. How is the legal protection for the loss of rights to obtain employment for person with disabilities in the civil servant recruitment system due to the implementation of expiration in filling lawsuit? In this research, the Author uses normative research method. The result of this research is the implementation of expiration provisions in filling a lawsuit provides legal certainty, but on the other side provides limitations for them who feel that their interests have been harmed so the justice cannot be reached. Judge in examining and passing verdicts should be based on the applicable regulations by balancing between legal certainty and justice for the seeker of justice. Therefore, the legal protection that can be provided to the rights of person with disabilities who are lost because the lawsuit filed has expired is to ensured that person with disabilities can participate in selection in the following year without discriminatory treatment. It is better if everyone who files a lawsuit on State Administration pays more attention towards the expired provisions so that similar problems do not occur.
ANALISIS PENOLAKAN PERMOHONAN PERNYATAAN PAILIT TERHADAP PT AKU DIGITAL INDONESIA (AKUMOBIL) (STUDI KASUS: PUTUSAN MA NOMOR 831 K/PDT.SUS-PAILIT/2020) Aksses Patrick Boike Pane; 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.v4i2.17813

Abstract

This writing aims to find out whether the Judge's Consideration on Decision No. 831 K / Pdt.SusBankruptcy / 2020 which strengthens theJudge's Decision No. 56 K / Pdt.Sus-Bankruptcy / 2019 / PN. Niaga.Jkt.Pst to reject the bankruptcy statement application against PT Aku Digital Indonesia (Akumobil) has been in accordance with the Law. In this case, the Judge's consideration at the first level and cassation are slightly wrong because the judge states that there is a debt that is not due and there is a criminal element that makes the proof not simple. Whereas in article 2 paragraph 1 of Law No. 37 of 2004 concerning Insolvency and Delay of Debt Payment Obligations mentions that bankruptcy applications can be filed by Debtors who have two or more Creditors and do not pay off at least one debt that has matured and can be billed, which in fact based on the statement in the Vehicle Booking Letter owned by consumers there is debt that is due. The existence of criminal elements does not make the case unassuming because article 8 paragraph 4 of Law No. 37 of 2004 concerning Bankruptcy and Delay of Debt Payment Obligations stipulates that simple proof can be declared insolvent referring to Article 2 paragraph 1 so that the bankruptcy application against PT Aku Digital Indonesia (Akumobil) can be granted by the Judge. Therefore, the Judge must uphold legal certainty in accordance with Law No. 37 of 2004 concerning Insolvency and Delay of Debt Payment Obligations
AKUMULASI KASUS PELANGGARAN HAM BERAT DI PAPUA PADA MASA KEPEMIMPINAN PRESIDEN B.J. HABIBIE S.D. SUSILO BAMBANG YUDHOYONO DALAM PERSPEKTIF HUKUM INTERNASIONAL Standy Wico; Dylan Aldianza Ramadhan; Anastasia Anastasia; Vindy Kusuma; Vivia Chandra; Vera W. S. Soemarwi
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.v4i2.18026

Abstract

The government must respect the human rights of every person in Indonesia. From many islands in Indonesia, there are several areas that are given special status, one of which is Papua. The government gives privileges because Papua is an area that is located at the very end of Indonesia and is vulnerable to provocations from outsiders. Of all the presidents who have served in Indonesia, they are very focused on addressing this issue. All efforts have been made and not infrequently these efforts are contrary to the law. The forms of legal violations that occur are dominated by violations of Human Rights (HAM). Talking about human rights violations, this cannot be separated from the view of international law. The international party is a very influential party in efforts to eliminate every act of crime against humanity. The issues that will be discussed regarding the gross human rights violations that occurred in Papua during the leadership of President B.J. Habibie to President Susilo Bambang Yudhoyono and the perspective of international law in cases of gross human rights violations in Papua during the leadership of President B. J. Habibie to Susilo Bambang Yudhoyono. The research method used is normative research. The gross human rights violations that occurred in Papua have met the elements of international crimes. Based on the perspective of international law, the Indonesian government is considered to be responsible for the gross human rights violations that occurred in Papua.
TANGGUNG JAWAB HUKUM ANAK DI BAWAH UMUR DALAM HAL TERJADINYA KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN KORBAN JIWA Feni Christin
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.v4i2.17938

Abstract

Children are a mandate and gift from God Almighty, who has the dignity and worth as a whole human being. The Involvement of a child in legal matters can make society insensitive to justice and underestimate the role of children as the nation's next generation. This condition should be a deep concern for parents in accompanying and supervising the behavior of children. A child is someone who is immature both mentally and physically, who still needs to be guided and supervised in his association. This ignorance of children often makes children do deviant behaviors and tend to do evil. Behavior that deviates from the norm will usually create a new problem in the legal field and harm society. Traffic accidents are one of the deviant behaviors of children. As a result of his actions he must be responsible for himself. Regarding traffic accidents, in Indonesia in 2021 there will be approximately 1,291 cases or this figure is up 100 percent from 2020eb, and most of these accidents are caused by minors.
EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA TERHADAP SENGKETA PERTANAHAN MENURUT HUKUM POSITIF DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 188 PK/TUN/2018) Eva Fortuna Kasan; Rasji Rasji
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.v4i2.17943

Abstract

The administrative court is one of the courts under the judistrication of the judiciary which its task is to resolve disputes that occur both within the internal environment of State Administrative Officials as well as disputes that occur between State Administrative Officials and Individuals or Civil Law Entities. The disputes that often occur between State Administrative Officials and Individuals or Civil Legal Entities are regarding land disputes caused by the mistake made by State Administrative Officials, one of which is regarding overlapping land rights. As a result of the overlapping land rights, the dispute will be brought to the State Administrative Court to obtain tha permanent legal decision, the problem regarding the amount of decisions of the State Administrative Court that cannot be executed arise. Research shows the data regarding the regulation execution of State Administrative Court Decisions in Indonesia is weak. The efforts on forcing State Administrative Officials to execute court decisions that already have the power of permanent legal status have not been executed optimally. Therefore, Indonesia needs to formulate a new law that includes regulations for the execution of decisions of the State Administrative Court

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