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Contact Name
Ahmad Redi
Contact Email
ahmadr@fh.untar.ac.id
Phone
-
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era.hukum.mahasiswa@fh.untar.ac.id
Editorial Address
Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477
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INDONESIA
Jurnal Hukum Adigama
ISSN : -     EISSN : 26557347     DOI : http://dx.doi.org/10.24912/adigama.v2i2.6520
Core Subject : Social,
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
ANALISIS KEKUATAN HUKUM PERJANJIAN LISAN ARISAN ONLINE YANG MENGGUNAKAN MEDIA APLIKASI FACEBOOK MESSENGER DALAM PEMBUKTIAN DI PENGADILAN DITINJAU DARI UNDANG- UNDANG INFORMASI DAN TEKNOLOGI ELEKTRONIK NOMOR 11 TAHUN 2008 (STUDI KASUS PUTUSAN NO. 106/PDT.G/2017/PN.PLK) Lidya Puspita; Ariawan Gunadi
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (149.628 KB) | DOI: 10.24912/adigama.v2i2.6520

Abstract

Oral Agreement in verdict number 106 / pdt.g / 2017 / pn.plk explain concerning the matter between Ahinny as a plaintiff and Lucia as one of a defendant . These problems starts with mutual agreement do online social gathering  that contained in facebook messenger, When the defendant won the online social gathering , the defendant as participant of that would no longer make the online social gathering contributions they were due to pay. The methodology of the research is normative method. The problem arises in this research is how the legal force of oral online social gathering  that using media application facebook messenger in proof in court in terms of the law of information and technology electronic number 11 years 2008. The online arisan oral agreement in this case is an oral agreement with mutual trust between one another and will give rise to rights and obligations among the participants. This agreement will have legal force if the parties have agreed to hold an arisan with a value of money or certain goods and within a certain period of time, then actually an agreement has occurred among the participants of the social gathering. Facebook is intermediary and Facebook is not a responsible for disputes or defaults that occur between the online arisan parties. Based on technological advances and the rapid development of information techniques, the Government should immediately recognize that electronic evidence must be recognized and used as evidence in court.
PERLINDUNGAN HUKUM KONSUMEN DALAM HAL PELAKU USAHA PENGEMBANG RUMAH SUSUN YANG SUDAH DINYATAKAN PALIT (STUDI TERHADAP KEMANGGISAN RESIDENCE) Illona .; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (316.633 KB) | DOI: 10.24912/adigama.v1i1.2202

Abstract

The needs for apartment are currently increasing as the population increases and as availability of land becomes limited. The demand for such apartment is utilized by the developers to build and market the apartment in the community. However, with the high desire of developers in meeting the demands for apartment, it does not always coincide with the needs of the consumers for a decent place to live and have a guarantee of legal security. Therefore, the author proposes issue about how is the law protection of consumer in terms of apartment developers as business actors who have declared bankruptcy viewed from the perspective of Consumer Protection Law? The research method that the researcher uses for the issue is academy purposes methods with library data collection techniques. After conducted the research of preventive consumer legal protection, the law has been regulated in Regulation Number 8 Year 1999. But with Consumer Protection Act yet has not provided maximum protection to consumer. The violation of the consumer rights have given uncertainty to the consumers who will buy the apartment units. Plenty of developers whose business activities in the apartment field perform their activities with no good faith. While the repressive consumer legal protection has been regulated. The settlement can be done both inside and outside the court. However, the settlement has not been so regulated that it leaves a gap for business actors to avoid from responsibility to compensate consumers.
KEABSAHAN KEWENANGAN KURATOR DALAM MEMBUAT PERJANJIAN PERDAMAIAN SETELAH GAGALNYA PKPU DAN DEBITOR DINYATAKAN PAILIT (Contoh Kasus: Putusan No.486 PK/Pdt/2018) Serlin Vanessa; F. X. Suyud Margono
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (700.303 KB) | DOI: 10.24912/adigama.v2i1.5273

Abstract

Debt is something that is common in the business world. This loan must be approved in accordance with the period agreed upon by the parties. Loans given by Creditors to Debtors are carried out with approval.If within a predetermined time limit, the Debtor has not been able to repay the loan, the Debtor may request approval for Delaying Obligations of Debt Payment or PKPU. However, in this study, PKPU failed to do PT. Dewata Royal International was immediately bankrupt. After the bankruptcy was read out by the Court, Curator was appointed, Swandy Halim. Swandy Halim in carrying out his duties as a Curator has made a Peace Agreement with Rustandi Jusuf as the Managing Director of PT. Dewata Royal International. In UUK, PKPU approved the Curator's task was to bankrupt and not make a Peace Agreement, especially with the Bankrupt Debtor, because it was the Debtor with his Kreditors who made the Peace Agreement.The research method used by the author is normative legal research that focuses on the use of secondary data using descriptive analytical specifications. Then, the analysis of the data used by the author is qualitative research.In this study, conclusions were obtained about the Curator being able to make a Peace Agreement with a bankrupt Debtor as long as the above mentioned Peace Agreement is from bankrupt assets so as not to cause a loss to the bankrupt property. then, the Peace Agreement made by Curator Swandy Halim was then approved legally.
PENERAPAN MEREK TERDAFTAR TIDAK DIGUNAKAN (NON-USE MARKS) ANALISIS KASUS ANTARA INTER IKEA SYSTEM BV DAN PT RATANIA KHATULISTIWA PUTUSAN MAHKAMAH AGUNG NO. 264 K/Pdt.Sus-HKI/2015 Selvy Handoyo; Suyud Margono
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (455.36 KB) | DOI: 10.24912/adigama.v1i2.2931

Abstract

The development of business competition in the world of trade, making protection of intellectual property rights very important. Especially in the field of brands. Brand is an important thing to use to differentiate between one another by having a certain characteristic. In this paper we will discuss the case of the "IKEA" brand elimination dispute between Inter Ikea System BV and PT Ratania Khatulistiwa, where the lawsuit was filed because of the Inter Ikea System BV that have the "IKEA" brand which has not been used for 3 consecutive years. The case will be analyzed by Law Number 15 of 2001 concerning the provisions regarding the elimination of the mark and regarding the good faith of the trademark registration of application. By examining the case we can find out the proper legal application and dispute resolution in accordance with the case so that it can provide justice for the parties. In accordance with the five precepts of Pancasila, namely "Justice for all Indonesian people".
TANGGUNG JAWAB PELAKSANAAN PENAGIHAN PIUTANG MILIK X CREDIT COMPANIES OLEH LEMBAGA JASA PENAGIHAN Ricky Fajar Adiputra; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (177.716 KB) | DOI: 10.24912/adigama.v2i2.6525

Abstract

Financing Company is a business entity that carries out credit activities for goods or services for the productive and consumer interests. The problems encountered in this study are the constraints of the Financing Company when carrying out executions with fiduciary certificates, still having difficulty in collecting receivables from consumers. The next problem is responsibility for carrying out the work by the debt collector when carrying out fiduciary executions. This research is normative juridical, by approaching the case and the applicable laws and regulations. If Consumer in carrying out the obligation does not make payment, the Financing Company will execute the vehicle based on the Fiduciary Certificate, by first giving a warning to Consumer to immediately carry out its obligations, which is done because execution of the fiduciary guarantee is permissible by law based on Article 29 of Law No. 42 of 1999 concerning Fiduciary Guarantees. While in the case of cooperation between Financing Company and the Company that houses the Debt Collector, it is permissible based on Otoritas Jasa Keuangan Regulation Nb. 35 / POJK.05 / 2018. Regarding the legal responsibility itself is in the Financing Company. So it can be said that the execution of fiduciary guarantees by fiduciary recipients is permissible, and the finance company is responsible for the execution of executions, including those carried out by the Debt Collector. Therefore it is necessary to make procedures in accordance with the regulations so that the execution can be carried out properly and the Financing Company avoid legal responsibilities.
ANALISIS KEABSAHAN KEPUTUSAN GUBERNUR JAWA TENGAH NOMOR 660.1/6 TAHUN 2017 TENTANG IZIN LINGKUNGAN KEGIATAN PENAMBANGAN DAN PEMBANGUNAN PABRIK PT SEMEN INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Arief Hidayat; Ahmad Redi
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (436.278 KB) | DOI: 10.24912/adigama.v1i1.2205

Abstract

The State of Indonesia is a State of Law. But, in fact the ideals of the idea of the State of Law that was built by developing the legal tool itself as a system that is functional and just to achieve community welfare and social justice has not been optimally done. This is reflected in the new Environmental Permit issued by Central Java Governor Ganjar Pranowo (No. 660.1 / 6 of 2017 on Environmental Permit for Mining and Construction Activities of PT Semen Indonesia Plant) is considered to have injured the ideals of the law itself. The new Environmental Permit is contradictory to the content of the Review Judgment issued by the Supreme Court (Supreme Court Verdict Decision Number 99 PK / Tun 2016), because in the ruling it ordered that the Governor Replace the old Environmental Permit, which was issued in 2012 and did not issue New Environmental Permit. The verdict contains the basis of judges' consideration in deciding cases that have reflected fairness and legal certainty. The result of the research on the validity of the Environmental Permit Decree on the Review Judgment issued by the Supreme Court concluded that the decree should be invalid because it is not in line with the decision of the court which has permanent legal force.
PENEGAKAN HUKUM TERHADAP PENGEDAR NARKOTIKA DENGAN BERAT NETTO 36 GRAM (STUDI KASUS: PUTUSAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR 637/Pid.sus/2015/PN.JKT.SEL) Clarissa Meidy Paulus; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (399.095 KB) | DOI: 10.24912/adigama.v1i1.2216

Abstract

Due to a rise in cases related to narcotics in Indonesia, the government is stiffening penalties for drug offences. Now, anyone who violates certain drug laws in the nation may end up serving a minimum of four years prison time. Depending on the severity of the violations, the government may even sentence more drug offenders to death. Examines the impact of globalization and new technology on the narcotics industry. Examines the challenges that new technologies, such as the internet, pose to drug law enforcement.  Illicit trafficking of narcotics has been very widespread in Indonesia, Similarly, what happens in this case, someone who ordered narcotics from America-Indonesia. This transaction is done online, But in this case the judge handed down the rehabilitation decision to the narcotics dealer. The order made by the defendant is narcotics with a net weight of 36.1318 grams. From the results of this study based on interviews conducted if giving narcotics to other people with or without the transaction can already be declared as a dealer. Millions of people are affected by drugs in Indonesia. According to the National Agency for Narcotics (BNN), one million people are addicted to drugs with little chance of recovery. Around 1.6 million people occasionally take drugs while 1.4 million are regularly consumers.
TINJAUAN TERHADAP KASUS PENCABULAN ANAK DIBAWAH UMUR (PEDOFILIA) SESAMA JENIS DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 JO UNDANG-UNDANG NOMOR 17 TAHUN 2016 (STUDI PUTUSAN 90/PID.SUS/2016/PN BMS) Steven Artaxerxes; Mulati Mulati
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (688.241 KB) | DOI: 10.24912/adigama.v2i1.5278

Abstract

Children are humans who have physical and mental abilities that are considered weaker to overcome various risks and dangers they face and automatically still depend on other parties, especially family members, but until now mistreatment in sexual matters it still haunts children, especialy pedophiles. One of the cases that occurred was the case of same-sex child molestation carried out by men with the initials BM, against several underage boys, who because of his actions the Judge of the Banyumas District Court stipulated a criminal sentence of 17 (seventeen) years. But in this case, the verdict that was dropped was still far from the word maximum and did not have an impact on the perpetrator. So then, how is the implementation of criminal sanctions against same-sex pedophiles in the verdict 90 / Pid.Sus / 2016 / Pn. Bms according to regulations? The method used in this study is normative legal research. Based on research on several experts and research on related regulations, regarding the decision, it is actually quite good, but it is considered to be less than optimal considering that the pedophile has psychiatric disorders, so psychological rehabilitation is needed and punishment should be made worse so that there is no more other victims for similar cases. It is better, in the future, the judge in determining the decision can consider from all aspects, especially in terms of victims, and psychological aspects of the perpetrators, so that in the future cases of child molestation can be reduced in number.
EFEKTIVITAS PERATURAN OTORITAS JASA KEUANGAN NOMOR 9/ POJK.04/2015 TAHUN 2015 TENTANG PEDOMAN TRANSAKSI REPURCHASE AGREEMENT BAGI LEMBAGA JASA KEUANGAN (STUDI KASUS TRANSAKSI REPO SAHAM BENNY TJOKROSAPUTRO TAHUN 2016) Debora Kezia Wijaya; Christine S. T. Kansil
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (922.737 KB) | DOI: 10.24912/adigama.v2i1.5247

Abstract

Effectiveness is a situation that shows how the achievement of something with both time and good result. Effectiveness of government regulation means that the regulators have succeed implementing and applying the regulation in society. The effectiveness of government regulation is also apparent from whether the objective of the regulation is sufficient or not. The Financial Services Authority has made the Repurchase Agreement Transaction Regulation in 2015, which known as Financial Services Authority Regulation Num. 9/POJK.04/2015 Concerning Guideline of Repurchase Agreement Transaction for Financial Services Institution. Repurchase Agreement Transaction hereinafter referred to as Repo Transaction is a contract of selling or buying Securities with a commitment to sell or buy them back at the appointed time and price. The Repo Transaction is one of transaction in Indonesia’s Capital Market. Repo Transactions are essentially type of transactions that can be considered as selling and buying Securities, but actually Repo Transaction is not same as selling and buying Securities in general. Differences between Repo Transaction and selling and buying Securities also seen in the effect of the Repo Transaction itself, each Repo Transaction shall result in a change of ownership of Securities. There had been a dispute in 2016 related to Repo Transaction between Benny Tjokrosaputro and an Investment Bank Goldman Sachs International, in his accusation Benny contends the transaction between Goldman and Platinum committed an illegal action of Repo Transaction, and it’s a tort. It is expected that this regulation can provide protection and legal standing related to Repo Transaction in Indonesia.
PERLINDUNGAN HUKUM TERHADAP PEMBELI YANG BERITIKAD BAIK DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) (STUDI PUTUSAN PENINJAUAN KEMBALI NOMOR: 534PK/PDT/2017) Oktaviah Oktaviah; Tjempaka Tjempaka
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (840.364 KB) | DOI: 10.24912/adigama.v2i2.6685

Abstract

Land has a high value because it is a place where living creatures live and do their activity. Because of the high value humans which are a social creature will defend/maintain their land. The need for land is higher and because of the lack of land, nowadays it is hard to get land. One of the ways to obtain it is by sale and purchase. To guarantee that a sale and purchase between a buyer and a seller is made, it needs a agreement which is called a sale and purchase agreement as an advance agreement even though it a sale and purchase agreement hasn’t been regulated in the regulation. A sale and purchase agreement is an agreement that grows in everyday practice in society that, until now is still used in a sale and purchase transaction, to ensure the rights and obligation between the seller and buyer, which the content of the agreement is agreed between the parties as long as it abides to the requirements conditions that are required for the validity of agreements.

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