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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
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 TERHADAP PELAKSANAAN PEMBERATAN PIDANA BAGI TENAGA KEPENDIDIKAN YANG MELAKUKAN TINDAK PIDANA PENCABULAN TERHADAP ANAK DALAM PUTUSAN PENGADILAN NEGERI MANNA NOMOR 7/PID.SUS/2018/PN.MNA. Lowrencha, Lowrencha
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.v4i2.17920

Abstract

Children have an important role to live the ideals of a nation. Protection of children that needs to be an important view of a nation so that children can grow and develop. Protecting children from sexual violence is one of the most important roles for the state. Sexual violence that occurs against children in general the perpetrator is a person who is in the closest environment to the child such as the home environment, the child's play environment to the rise of sexual violence against children in the school environment. Cases of sexual violence are increasing and perpetrators are unpredictable, such as current cases of child sexual violence committed by teachers are increasing day by day. In this case it takes an important role from parents, families and communities to be responsible for maintaining children's human rights in accordance with the law. Inseparable from the role of the state to be responsible in terms of providing and providing facilities and accessibility space for children.
ANALISIS PEMIDANAAN TERHADAP PEMALSUAN SURAT KETERANGAN RAPID TEST ANTIGEN DALAM PUTUSAN PENGADILAN NEGERI JEMBER NOMOR 205/PID.SUS/2021/PN.JMR Feby Egatri Gulo; 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.v4i2.17973

Abstract

Today, the world is being shaken by a great pandemic called Covid-19 (Corona Virus Disease). One of the countries experiencing the impact of this virus outbreak is Indonesia. So, through this, the Government has the authority to take action in solving a problem, one of which is by showing a Health Certificate of Antigen Rapid Test which is used as a condition for traveling to prevent the spread of the Covid-19 Virus. This study aims to find out how the Criminal Analysis of Counterfeiting of Antigen Rapid Test Certificates in the Jember District Court Decision Number 205/PID.SUS/2021/PN.JMR and evaluate the judge's considerations in deciding this case. The type of research used in this research is normative legal research supported by interview data with experts. Through this research, although forgery has been regulated in the Criminal Code, but regarding the Crime of Counterfeiting Health Certificates, it has not been regulated explicitly. Regarding the sentencing decision, the researcher disagrees because in considering and deciding this criminal case, the judge is considered to be more considerate of the elements and aspects of the occurrence of a crime in aggravating circumstances. So by considering the existing elements, the sentence given is more appropriate by referring to Article 35 jo. Article 51 of Law Number 11 of 2018 concerning ITE as the legal purpose. Researchers suggest that in imposing a sentence on every judicial institution and judge not only decide based on their belief alone, but also based on their responsibilities and values in society.
TANGGUNG JAWAB KEJAHATAN INSIDER TRADING YANG DILAKUKAN TERHADAP PERDAGANGAN SAHAM DI PASAR MODAL (CONTOH KASUS JOUSKA INDONESIA) Anthony Willyus Wongkar; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Insider trading is a crime in the capital market which is detrimental to the existence of the capitalmarket itself. The practice of insider trading is expressly prohibited through Republic of Indonesia’sLaw Number 8 of 1995 concerning the Capital Market which categorizes the practice of insidertrading as a crime. Insider trading is said to be a form of crime because of an unfair position intrading transactions. Insiders could gain profits and or avoid losses from trading results using theirinside information that af ects trading prices (materials information). Investors who follow anef icient market will be disadvantaged because trading has occurred before information about anissuer is published. Therefore, the law prohibits both company insiders or their partners who havebusiness relations as well as securities companies who have previously known material informationof a company to properly safeguard the information and not conduct any transactions for personalgain. In the history of insider trading in Indonesia, there has not been a single case of insidertrading that has been dragged to litigation. In the case of Jouska Finansial Indonesia, there was anallegation of insider trading practices that harmed his own clients. For these losses, it is hoped thatthe party responsible for the losses suf ered by the victims can be determined.
EKSISTENSI BANK TANAH DALAM PENGELOLAAN PERTANAHAN INDONESIA UNTUK MEWUJUDKAN REFORMA AGRARIA BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA (STUDI PERBANDINGAN DENGAN BANK TANAH NEGARA BELANDA) Olivia Marloanto
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The purpose of this study is to analyze land banks in Indonesia's land management to realize agrarian reformbased on Law Number 11 of 2020 concerning Job Creation. The type of research used is normative legalresearch. The results of the study found that the concept of a land bank in Indonesia is a mandate as stated inarticle 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia and article 2 of the UUPA, thatthe state has an important role in the implementation of the land bank. In addition, there are special rules thatbecame the beginning of the emergence of the land bank concept, namely Law Number 11 of 2020 concerningJob Creation. Furthermore, there are implementers of the provisions of this Job Creation Act, namelyGovernment Regulation Number 64 concerning 2021 concerning the Land Bank Agency. The Land Bank hasa very important role in provding land for various development purposes in Indonesia. The role of the LandBank is strengthened in the form of a special agency that manages land for the realization of a just economy.The function of the Land Bank is to ensure the availability of land in the context of realizing a just economythrough planning, land acquisition, land acquisition, land management, land use and land distribution. LandBank's land assets are state assets which are separated from state assets.
ANALISIS KEBIJAKAN PROGRAM RESTRUKTURISASI POLIS PT ASURANSI JIWASRAYA (PERSERO) DITINJAU DARI ASPEK PERJANJIAN (STUDI KASUS: PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 09/PDT.G.S/2021/PN.JKT.PST) Yeremia Wijaya; Vera W. S. Soemarwi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Since 2018, PT Asuransi Jiwasraya (Persero) has delayed payment of claims due to financialdif iculties. The financial condition that kept getting worse brought the oldest insurance companyin Indonesia to default. In order to overcome the default, Jiwasraya conducted a PolicyRestructuring Program. This Policy Restructuring Program basically reduces the insureds’ policyvalue. The problems raised in this research are how the legal review of the Policy RestructuringProgram of PT Asuransi Jiwasraya (Persero) based on the agreement and how the legal protectionfor the insured and/or policyholders who feel aggrieved due to the Policy Restructuring Programof PT Asuransi Jiwasraya (Persero). Meanwhile, this research is a type of normative legalresearch that is descriptive analytical based on secondary data collected and analyzed throughlibrary research. The results of this study indicate that the Policy Restructuring Program is a debtor liability restructuring which in its implementation violates the principles of agreement in theCivil Code, Commercial Code, and General Policy Conditions. Legal protection for customerswho feel aggrieved due to the Policy Restructuring Program is regulated in the ConsumerProtection Act and POJK 1/2013. Suggestions for the Financial Services Authority to makeregulations that strictly stipulate that debt or liability restructuring in insurance companies mustbe based on the agreement of both parties in accordance with the principle of agreement, while forPT Asuransi Jiwasraya (Persero) to eliminate discriminatory treatment against customers whoparticipate and do not participate the Policy Restructuring Program.
ANALISIS YURIDIS TERHADAP UNSUR-UNSUR NOODWEER DALAM PUTUSAN PENGADILAN NEGERI BANDUNG NOMOR 162/PID.B/2021/PN.BDG Monika Romauli Manurung; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The idea of noodweer is that the act is executed on the idea of the usage of the proper andright pressure in order that there's no other dif erent choice, which may be used apartfrom committing an act that violates the regulation. The act ought to meet importantpoints, namely: there became a right away assault wherein at once threatened and inopposition to the regulation. The assault intentionally geared toward the body, politenessand possessions belongs to himself or others. So far, withinside the case of crook acts ofpersecution in particular, the utility of the precept of pressured protection is regularlynow no longer according with the concept in essence. In addition, the pressuredprotection is likewise substantially stimulated with the aid of using the continuedproduction of the case, how the proof is presented, and the way they of ers felonyconsiderations withinside the absence of maximal proof, it's miles clean that the chooseadditionally did now no longer behavior a seek associated with the that means of theessence of a pressured protection. The technique in this case is descriptive. This studiesbecame performed thru regulation normative approach, with the aid of using analyzingthe legal guidelines and all informations that is associated with this example.
Tinjauan Perlindungan Hukum Konsumen Rokok Tanpa Label Peringatan Kesehatan Berupa Gambar Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen (Putusan Nomor 410/Pid.Sus/2020/PN Btm) Angela Devina; Vera W. S. Soemarwi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

In Indonesia, many business actors do commerce of various brands of cigarettes legally and illegally.Legal means that the cigarette has a distribution permit and has a health warning label in the form ofan image on the package and illegal is a cigarette that does not have a health warning label in theform of an image on the package. Where cigarettes without a health warning label in the form ofimages on the packaging are very detrimental to smokers as cigarette consumers. Various ef ortshave been made by the government such as issuing Government Regulation No. 109 of 2012concerning the Safety of Materials Containing Addictive Substances in the Form of Tobacco Productsfor Health, the Decree of the Head of the Food and Drug Supervisory Agency of the Republic ofIndonesia (BPOM RI) is regulated on Procedures for Supervision of Circulation of CigaretteProducts and Advertising. Regarding health warnings in the form of images and writings that haveone meaning printed together with product packaging, it is very clear that it is the obligation ofbusiness actors as stated in Article 14 of Government Regulation No. 109 of 2012 and also regulatedin Article 4 of Law Number 8 of 1999 concerning Consumer Protection and Article 7 of Law Number8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK).
PERLINDUNGAN HUKUM PEMEGANG POLIS TERHADAP GAGAL BAYAR PERUSAHAAN ASURANSI JIWASRAYA (STUDI KASUS: PUTUSAN 589/PDT.G/2019/PN.JKT.PST) Vera W.S Soemarwi; Evelin Wiyasih
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

This study discusses Decision Number 589/PDT.G/2019.PN.JKT.PST the judge's consideration who didnot accept the lawsuit regarding the Jiwasraya policyholder on the grounds of not including the bank. Theproblems are: 1) Can a third party outside the insurance company be drawn as a party who is alsoresponsible for the implementation of the policy payment obligations issued by PT Asuransi Jiwasraya(Persero)? 2) How is the policy holder's legal protection against insurance company defaults in terms of theConsumer Protection Act and POJK No. 1 of 2013 concerning Consumer Protection in the FinancialServices Sector? 3) How is the status of the policy in terms of government programs? The a-quo decisionwas analyzed by the author using normative legal research methods. The results showed that the thirdparty, namely the bank and OJK, could not be drawn as the party responsible for implementing theachievements of PT Asuransi Jiwasraya (Persero). The bancassurance agreement was made between thebank and Jiwasraya with the approval of the OJK. The OJK's responsibility for the implementation ofachievements cannot be included because of the OJK's responsibility as a regulator and the responsibilityof the insurance company supervisor. Through this case, it can be said that UUPK and POJK No. 1 of 2013has not provided legal protection to insurance consumers. The government's efforts to restructure thepolicy have harmed policyholders, both those who agree with the restructuring and those who do not. ifJiwasraya were to restructure, then Jiwasraya should not have harmed the policyholders. If the policyholder does not agree with the policy restructuring, it is obligatory to announce the value set by Jiwasraya.
AKIBAT HAK ASUH ANAK DI BAWAH UMUR YANG DIASUH TERPISAH OLEH AYAH ATAU IBU PASCA PERCERAIAN (STUDI KASUS: PUTUSAN PENGADILAN NEGERI TABANAN NOMOR: 169/PDT.G/2017/PN.TAB) Verronica Verronica; Imelda Martinelli
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Divorce ends the relationship between husband and wife, but does not apply to the relationshipbetween parents and children. Children have their rights, including for minors. Positive law hasregulated the rules in taking care of children after divorce with the stipulation as the holder of childcustody from the court. The rules have been clearly stated in various laws, there are also customarylaws that regulate people's lives in various regions so that this should be taken into consideration ifyou want to separate child custody. What are the consequences for the custody of minors who arecared for separately by the father or mother after the divorce? The author examines this problemusing normative legal research methods. The research data shows that the judge's decision to separatethe custody of minors had a bad impact on one of the children from the point of view of Balinesecustomary law, but not when viewed from the rules in positive law. This is because Balinese customarylaw adheres to the Patrilineal kinship system (following the father's lineage). Therefore, it is highlyexpected that child custody is fully given to the father who has good behavior so that their children donot experience confusion that makes it dif icult for them to obtain their rights for having their mother’saf ection. The judge's decision should involve the customary law that applies in the community as aconsideration in determining child custody rights so they will not suf er losses to the rights they have.
JUAL TANAH BERDASARKAN DOKUMEN SERTIFIKAT TANAH Ridho Harry Setiawan; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Land is one of the valuable assets whose existence can be used as long-term assets, long-terminvestments and can be used as assets that can be inherited properly as long as the land has legalland rights according to the applicable laws and regulations. Land is also the most basic source ofhuman livelihood, for example, to build a place to live or to be used as a source of livelihood. Thisis in line with the fact that humans live and develop and carry out activities on land so thatwhenever humans come into contact with land, in this case humans are also accustomed to buyingand selling land and doing so without having a letter. which do not have a strong legal basis sothat problems occur. How is legal protection for land rights holders with land certificatedocuments? The research method used is normative juridical with a case approach and legislationbased on analytical studies that legal protection must be obtained by all legal subjects without anydif erences.

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