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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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PERBANDINGAN HUKUM INDONESIA DAN AUSTRIA TERHADAP PERATURAN KESEJAHTERAAN HEWAN DALAM PENGANGKUTAN HEWAN TERNAK Pebtry Purnama Sari; 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.v4i2.17876

Abstract

Every year, various livestock animals are transported using various modes of land and sea transportation, from and to various regions, both domestically and abroad. Considering that there are still potential violations of animal welfare in the stage of transporting animals by mode of transportation in Indonesia. And there is still little public concern for livestock that is transported improperly because they think that livestock is only for consumption and the benefit of humans. Whereas farm animals are also living creatures that have the right to live and be treated properly. whether the legal regulations in Indonesia have been able to provide welfare for the transportation of livestock and obtain the rights of these animals. So this paper was made to find out and compare the legal regulations in Indonesia regarding animal welfare in the transportation of livestock with legal regulations in Austria, considering that Austria is considered as one of the countries that have a good level of welfare for animals.
PERLINDUNGAN HUKUM BAGI PENGGUNA JASA DRY CLEAN & LAUNDRY SERVICE TERHADAP HAK KONSUMEN (STUDI PUTUSAN NOMOR 85/PDT.G/2019/PN.JKT.PST) Maya Adilla Humaira; 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.v4i2.17948

Abstract

Legal protection for consumers is very important because basically consumers have the same rights as business actors, both universal and specific rights. In Article 1 number 1 of Law Number 8 of 1999 concerning Consumer Protection, namely all efforts to ensure legal certainty to provide protection to consumers. Consumer protection is a legal instrument created to protect and fulfill consumer rights or efforts to ensure legal certainty to provide protection to consumers.
PENENTUAN WANPRESTASI PADA PERJANJIAN LISAN YANG TIDAK DITENTUKAN PEMBAGIAN KEUNTUNGAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI TEBO JAMBI NOMOR 18/PDT.G.S/2021/PN.MRT) Indri Julia Hardini
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.v4i2.17882

Abstract

Agreements can be made in 2 (two) forms, namely agreements made in writing and agreements made in writing (oral). Oral agreements are often carried out by people in everyday life. However, what if an oral agreement is used in an agreement that causes big losses. near the location of the default in a verbal agreement that does not specify profit sharing?. In researching this problem, the author uses a prescriptive normative method, sourced from primary, secondary, and non-legal data. The results of the study describe the strength of the oral agreement, as well as the evidence and when the state of default occurred in the verbal agreement which did not specify the time for profit sharing.
ANALISIS KEABSAHAN PENJATUHAN PIDANA PENJARA DIBAWAH MINIMUM KHUSUS TERHADAP PENGEDAR DALAM TINDAK PIDANA NARKOTIKA( Studi Putusan Pengadilan Negeri Nomor 62/Pid.Sus/2018/PN.Mam) Nadia Inggrida Hartono
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.v4i2.17953

Abstract

Drugsxisxaxcriminalxact that requires extraordinary prevention and handling.One of the efforts drugs is the application of special minimum criminal provisions. Implementation of this special minimum criminal sanction needs to be supported by the judge as the law enforcer who determines the severity of the crimes imposed in the judicial system. Indonesia is a narcotics emergency country, with below-this minimum is considered to lack a sense of justice in the community. The imposition of a prison sentence below this special minimum is considered to hurt the sense of justice of the communit. Basically criminal convictions under a special minimum are the authority of the judge but this needs to be considered to impose a criminal below a special minimum needs to be considered regarding incriminating and mitigating matters.
PEMBERATAN SANKSI PIDANA TERHADAP PELAKU ILLEGAL LOGGING DALAM PUTUSAN HAKIM PADA PUTUSAN NEGERI MAJALENGKA NO.155/PID.SUS/2019/PN.Mjl Olivia Priscilla
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.v4i2.17887

Abstract

Illegal logging is an act of criminal that covers actions such as harvesting, processing, and buying or selling timber that undermines the legitimacy and the various losses from this action also threaten human’s life resources. Loss include not only economical damage, but also result in the loss of those priceless lives. In Article 1 Number 2 of Law Number 18 of 2013 about Prevention and Eradication of Forest Destruction outline that forest territory is a certain region that is determine by the government to maintain its existence as permanent forest. But In reality, many criminal actions of destroying forest without an official permission occur which can be punished with imprisonment or fine which has been set in Article 12 Section 1 of Law Number 18 of 2013 about Prevention and Eradication of illegal Forest Destruction, is no longer a small matter. Because the existence of forests is very important and provides benefits for all people, of course forests in Indonesia must be protected by law. But in reality, in carrying out forest protection efforts, not all communities are aware of the importance of forest preservation, so that forest protection efforts are only carried out by people or organizations that tend to be aware of forest sustainability. Implementation of forest protection is lacking. For example in the Majalengka State Decision Number 155/Pid.Sus/PN.Mjl where there are people who ignore the law of the forest protection for their own interests and benefits.
SANKSI PIDANA LINGKUNGAN TERHADAP PERUSAHAAN YANG MELAKUKAN DUMPING LIMBAH B3 TANPA IZIN (STUDI KASUS PUTUSAN NEGERI SURABAYA NO. 109/PID.B/LH/2020/PN.SBY) Hughes Ramadinda Etnneji; Mella Ismelina F. Rahayu
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.v4i2.17958

Abstract

As the environment is one of the ecosystems that must be maintained, therefore the existence of the environment must be protected, especially for the order of living things. However, cases of B3 waste pollution that damage the environment, cases of illegal disposal of B3 waste in Indonesia often appear. One of them is B3 waste which at PT. Gunawan Fajar. How are environmental criminal sanctions against companies that violate B3 waste dumping and how are criminal sanctions applied in the Surabaya District Decision Case No. 109/Pid.B/LH/2020/PN.Sby is the problem under study. The research method used in this study is a supporting normative legal research method which was analyzed qualitatively. The results of the study describe criminal sanctions against companies that dump B3 Waste and the application of criminal sanctions in the Decision Case, namely in criminal sanctions against companies that dump B3 Waste taking into account “Article 104 of Law Number 32 of 2009 concerning Environmental Protection and Management”, and In the application of criminal sanctions to the Decision Case, it should also pay attention to “Article 102 jo 103 of Law Number 32 of 2009, Government Regulation No. 101 of 2014” concerning Management of Hazardous and Toxic Waste, as well as the theory of punishment, because this is considered too light for the Defendant.
PENGUJIAN FORMIL UNDANG-UNDANG CIPTA KERJA DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU-XVIII/2020 Dixon Sanjaya; 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.v4i2.17910

Abstract

The Constitutional Court Decision Number 91/PUU-XVIII/2020 states that formal review of unconstitutional Job Creation Law is conditional and still valid with a deadline of 2 (two) years for improvement. The formal examination of the law is aimed at assessing the validity of the process and stages, techniques, and external forms of the formation of laws and regulations. Theoretically a regulation which is declared conditionally unconstitutional in a formal examination does not have binding legal force as a whole. Therefore, it is necessary to conduct research related to the formal review of the Job Creation Law in the Decision of the Constitutional Court Number 91/PUUXVIII/2020 in the perspective of Legislation. The research is juridical normative with a statutory and conceptual approach. Data obtained through literature study in the form of secondary data. All data are processed qualitatively to produce prescriptions for problem solving. The results show that the Constitutional Court's decision stating that the procedure for establishing the Job Creation Law is flawed creates consequences and ambiguity related to the inconsistency of decisions, the indecisiveness of the limits on the suspension of government actions or policies that are strategic and broad in impact, and the unclear improvement of the Job Creation Law and the P3 Law. As a result, the government had to postpone the establishment of implementing regulations for the Job Creation Law, make changes according to the Constitutional Court's decision on the Job Creation Law, and involve the community's active participation in its formation.
PENERAPAN REHABILITASI MEDIS DI RSKO TERHADAP PENGGUNA NARKOTIKA BERDASARKAN UNDANGUNDANG REPUBLIK INDONESIA NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Ishenna G Lalwani; 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.v4i2.17963

Abstract

The application of the law is an application that has been determined by the government as a reflection of the rules that must be obeyed by law enforcement officials and the public. Indonesia's biggest case is a narcotics case where addicts and abusers get imprisonment. In fact, in Constitution Number 35 of 2009 about Narcotics, it has been regulated those narcotic addicts and abusers are required to get medical rehabilitation, but, punishment continues to occur. Medical rehabilitation is a treatment and care for curing addiction to narcotics addicts and abusers by providing guidance to addicts and narcotics abusers. In Decision Case Number 570 K/Pid.sus/2019 it is proven that the rehabilitation sanction is a very important sanction imposed for addicts and narcotics abusers as treatment of suspects. Legislation has explained that health efforts are highly indicated in the application of Law Constitution Number 35 of 2009 about Narcotics. The implementation of the law is not in line with the existing reality. A good law must be firm and clear in its application
PEMBATALAN PERKAWINAN KARENA HOMOSEKSUAL DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 (STUDI PUTUSAN PENGADILAN AGAMA JAKARTA SELATAN NOMOR 2723/PDT.G/2019/PA.JS) Brenda Manuel Sasmita; 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.v4i2.17915

Abstract

Marriage annulment is different from divorce. The annulment of the marriage is a ruling that states that the marriage was declared invalid so that the marriage was considered never to exist. Divorce is the dissolution of a legal and existing marriage. What are the issues contained in this thesis including the annulment of the marriage? Authors in researching the problem using normative methods are descriptive, primary, secondary, and non-legal data sourced. The results of the study describe the annulment of marriage due to homosexuality, and contain about the views of others on this case.
FAKTOR PENYEBAB PENGEDARAN RUPIAH PALSU DI INDONESIA Margamu Desy Putri Dewi; 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.v4i2.17968

Abstract

This legal research discusses the factors that cause the circulation of counterfeit rupiah in Indonesia. The research method used is normative legal research and empirical legal research. The research approach in this legal research uses a state approach. The legal approach is carried out by examining the laws and regulations related to the causes of the circulation of counterfeit Rupiah. Sources of data used are primary data and secondary data. The legal materials used to support secondary data are primary legal materials such as the Criminal Code (KUHP), Law Number 7 Year 2011 concerning Currency, Bank Indonesia Regulation Number 21/10/PBI/2019 concerning Rupiah Money Management. The data analysis technique used is descriptive by using deductive thinking. Based on the research conducted, there are factors that cause someone to counterfeit rupiah currency, namely economic factors, seeking personal gain, low education, opportunities to do so, high movement, and technological developments. Based on the factors that cause counterfeiting and circulation of rupiah which should be used as a reference to eliminate the factors that trigger the occurrence of the crime of counterfeiting money because in preventing a crime, eliminating the causes is the best prevention.

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