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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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AKSESIBILITAS PEMBERIAN BANTUAN PSIKOLOGIS BAGI PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA OLEH KOMISI NASIONALANTI KEKERASAN TERHADAP PEREMPUAN (CONTOH PUTUSAN NO. 1914/PID.SUS/2020/PN.TNG) Brigitta Intan Putri
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

In cases of Domestic Violence, victims of domestic violence, most women are entitled to psychologicalassistance for the violence they receive. This has been regulated in Law no. 23 of 2004. However, inpractice there are still women victims of domestic violence who do not receive the psychologicalassistance as stated in Case No. 1914/Pid.Sus/2020/Pn. Tng. In the verdict the victim did not apply forpsychological assistance due to the victim's ignorance. Based on this, the victim needs access topsychological assistance. This accessibility has not been regulated in the legislation. Not all people,especially victims of domestic violence, know how to access psychological assistance.
PERLINDUNGAN HUKUM TERHADAP HAKUBAKU DAN LOGO SELAKU MEREK TERKENAL BERDASARKAN UNDANG-UNDANG MEREK DAN INDIKASI GEOGRAFIS (STUDI PUTUSAN NOMOR 790K/Pdt.Sus-HKI/2020) Muhammad Faiz Rizqi; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Trademarks are part of Intellectual Property Rights that need to be protected because they containintellectual property that can bring economic benefits to the owner of the trademark rights. Brandprotection is important because brand imitation can occur. Well-known brands become targets forimpersonation. This study aims to determine the protection of well-known brands and the responsibilityof the Directorate General of Intellectual Property Rights as an institution that protects IntellectualProperty Rights. In 2020, there was a well-known trademark dispute between Hakubaku and Logofrom Japan and Hakubaku and Logo which were already registered in Indonesia. Hakubaku and Logofrom Japan are brands that have been used in 2006 and have become well-known brands since 2013.This study focuses on the legal protection of Hakubaku and Logo as well-known brands by analyzingthe Supreme Court Decision Number 790K/Pdt.Sus-HKI/2020 and based on the Trademark LawNumber 20 of 2016 and also the Regulation of the Minister of Law and Human Rights Number 67 of2016. The research method used is the normative research method with the support of additionalinterviews with brand experts and examiners from the Directorate General of IP. The results of thisthesis research that well-known brands need to be protected so that no party imitates the shape of thebrand and logo of a well-known brand. Even though well-known marks have not been registered inIndonesia, they must be protected because Indonesia has ratified the international Trips Agreementand Paris Convention. The responsibility of the Directorate General of IP begins at the time of theadministrative, substantive examination, and until the certificate is issued. The Directorate General ofIntellectual Property Rights also needs to improve inspections so that every application for registrationof a mark does not contain a mark which has elements and similarities in principle with a well-knownmark. If the Directorate General of Intellectual Property Rights carries out its responsibilitiesproperly, then a violation of trademark rights should not occur.
PERLINDUNGAN HUKUM TERHADAP LAHAN PRODUKTIF PERTANIAN AKIBAT MARAKNYAALIH FUNGSI LAHAN UNTUK KEPERLUAN PROPERTI, INDUSTRI DAN PROYEK PEMBANGUNAN STRATEGIS NASIONAL BERDASARKAN HUKUM POSITIF INDONESIA Hotris Parlinggoman Sitanggang; Mella Ismelina F. Rahayu
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The rise of conversion of productive agricultural land to non-agricultural purposes for properti, industry andnational strategic development projects has threatened the existence of agricultural land which in the endcan also threaten national food security, so the problem arises how to regulate agricultural land that can beallowed to be converted to non-agricultural based on positive law in Indonesia and what are the forms oflegal protection for agricultural productive land against the widespread conversion of land for properti,industry and national strategic development projects based on Indonesian positive law. The research methodused is normative juridical which is descriptive analytical. Based on the results of the analysis thatagricultural land that has been determined can be converted for public interest and national strategicdevelopment by fulfilling certain conditions based on Article 44 Paragraph (2) of the PLP2B Law, and forindustrial purposes the criteria for land that can be converted are dry land and less fertile. The form of legalprotection is that the government has issued several legal regulations, but in its implementation in theregions it has not yet established protected areas of sustainable agricultural land so that the protection ofproductive agricultural land has not been implemented properly. Another form of protection provided isincentives for land-owning farmers whose lands are willing to be determined on the Protected Paddy FieldMap (PLSD).
TANGGUNG JAWAB HUKUM PERUSAHAAN OVER THE TOP DALAM PERSAINGAN USAHA TELEKOMUNIKASI DI INDONESIA Hugo Prathama; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The use of over-the-top (OTT)-based communication services does have several advantages,including that there is no charge for communicating, compared to making a communicationthrough a provider network which can be charged. The problem faced is whether there is a needfor legal equalization of OTT companies in the telecommunications sector withtelecommunications service providers in Indonesia? and what are the legal responsibilities of OTTcompanies in the telecommunications business competition in Indonesia? The research methodused is a normative juridical legal research method. The results show that the legal equivalent ofOTT companies is that the government requires global OTT cooperation with national operatorsunder a legal umbrella, the establishment of BUT is based on the provisions of laws andregulations in the field of taxation, and local and foreign companies pay taxes. The legalresponsibilities of OTT companies in telecommunication business competition in Indonesia are toprovide services and comply with the provisions of laws and regulations in the fields of prohibitionof monopolistic practices and unfair business competition, trade, consumer protection, intellectualproperty rights, broadcasting, film, advertising, pornography, anti-terrorism, taxation; and theprovisions of other relevant laws and regulations. There is a need for regulations for OTT not onlyfor the benefit of local OTT, but for the Unitary State of the Republic of Indonesia.
UPAYA PERLINDUNGAN HUKUM OLEH KOMNAS PEREMPUAN TERHADAP KORBAN KEJAHATAN SEKSTORSI DI DUNIA MAYA Elfira Valentina Febriani; Aji Wibowo
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Sextortion is an act of sexual exploitation by the perpetrator by abusing the power or authority tocarry out sexual acts, pictures, or videos of the victim. For example, threats or acts of spreadingnon-consensual intimate content followed by extortion such as forcing the victim to pay a sum ofmoney, having sex, or providing more intimate content. This study discusses the legal protectionef orts provided by the state to victims of sextortion in cyberspace based on ‘positif’ law inIndonesia and legal protection ef orts provided by Komnas Perempuan against victims ofsextortion in cyberspace. The research is categorized as a normative research with document studyor library research as data collected technique and the data analysis used in this research isqualitative analysis. Based on the results, the preventive legal protection ef orts provided by thestate to victims of cyber-sex crimes based on ‘positif’ law in Indonesia is formulated in theCriminal Code, the ITE Law, and the Pornography Law. Meanwhile, the repressive legalprotection ef orts provided by the state are embodied in the Witness and Victim Protection Law inthe form of: rights to assistance and restitution. There are also legal protection ef orts provided byKomnas Perempuan to victims of sextoration crimes in cyberspace that are in accordance with themandate of Komnas Perempuan contained in Presidential Regulation No. 65 of 2005, such asencouraging the legalisation of appropriate policies to deal with sextors, such as the TPKS Billand facilitate victims to the service providers in accordance with the victims’ needs.
PERAN PEMERINTAH DAERAH DALAM MASALAH PERDATA TERKAIT SEWA-MENYEWA PRIBADI DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN (PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 51 TAHUN 1960 DAN KITAB UNDANG-UNDANG HUKUM PERDATA) Muhammad Ruen Wijokangko Wijokangko; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

That in the case of land use without the rightful permit or his proxies in accordance withGovernment Regulation in Lieu of Law Number 51 of 1960. So for people who feel their land isoccupied by other people without the rightful permit, they can apply for legal protection to thegovernment in order to complete the use of land without the right of permission or their proxies,this is in accordance with the authority granted by the law that local governments can control orvacate the use of land without the right of permission or their proxies in order to bring order totheir territory. Even if in this case there is a civil problem, the government can enter into thesettlement of this problem with a note that the lease agreement between the parties has ended or isnull and void or there is a legal defect in it and the af airs between the parties have automaticallyended. So, with the lease ending in accordance with the Civil Code, the person occupying the landwithout the right to use the land is included in the category of use without the rightful permissionor his proxies. And this is where the government can play a role in providing legal protection tothe community in the context of structuring its territory, not to declare someone's ownership.
URGENSI FORMULASI DELIK KEKERASAN SEKSUAL BERBASIS GAMBAR DALAM UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERHADAP PEMULIHAN KORBAN SECARA YURIDIS Yadi Ahmad Melyantoro; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The rise of cases of spreading intimate photos containing sexual elements that are disseminatedwithout the consent or approval of one of the parties is a form of non-physical sexual violence,considering that sexual violence occurs because there is no consent or consent. New manifestations oftechnological advances make the realm of crime in cyberspace develop and sexual violence can occurnon-physically, one of which is image-based sexual violence. Therefore, the authors are interested inconducting an analysis of the phenomenon of image-based sexual violence in terms of the existing lawsin Indonesia with a comparison of laws in the UK. The research method used is normative legalresearch. From the research conducted, it is found that the ITE Law as a form of protection for victimsof image-based sexual violence that occurs in the virtual world is considered less effective because itdoes not provide a definition of violating decency in the virtual world and does not favor therestoration of the rights of victims of image-based sexual violence.
TINJAUAN YURIDIS TERHADAP KORBAN PENIPUAN OLEH WARGA NEGARA ASING BERDASARKAN PUTUSAN PIDANA NOMOR 129/PIDSUS/2020/PN Btm AISYA VIJAYASHREE; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Legal protection for witnesses and victims of crime has many weaknesses, among themost basic weaknesses is the neglect of the rights of crime victims in the process of handlingcriminal cases. From the case of Foreign Citizens China came to Indonesia using a residencepermit Free Visit Visa for 30 (thirty) days for tourist purposes, committing online fraud throughthe QQ application, SKYPE and a sum of money to be transferred to the defendant’s account.Thedefendant has been indicted by the Public Prosecutor with a single charge as regulated in Article122 letter a of the Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration.The judge decided that the defendant was sentenced to Article 122 letter a of the Law of theRepublic of Indonesia Number 6 of 2011 concerning Immigration and Law Number 8 of 1981concerning the Law of Criminal Procedure. That the victim did not receive a protection decisionfor fraud committed by the accused Foreign Citizen and the sentence for the defendant was not inaccordance with what it should have been.Fraud is a criminal activity carried out for profit, fraudcommitted online should be subject to Law Number 19 of 2016 concerning Amendments of LawNumber 11 of 2008 concerning Information and Electronic Transactions. Law Number 13 of 2006and Victims are described in Article 1 number 2 of Law Number 13 of 2006, concerning theProtection of Witnesses and Victims.
PERAN DAN FUNGSI SATUAN POLISI PAMONG PRAJA (SATPOL PP) DALAM PENEGAKAN PERATURAN DAERAH KOTA TANGERANG NOMOR 7 TAHUN 2005 TENTANG PELARANGAN PENGEDARAN DAN PENJUALAN MINUMAN BERALKOHOL Andreas Dharma Putra Dori; ahmad redi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Liquor is a drink that contains ethanol, which is a substance if consumed will have an impacton the level of consciousness (drunk). Consuming alcoholic beverages can endanger health,physically and spiritually, disrupt security and public order, and threaten life. In Indonesia, thesale of alcoholic beverages is limited to those who are 21+ years old, their circulation is quitestrict and monitored by the state. However, in the city of Tangerang there are still so many illegalliquor circulations. The problems that arise are about what factors influence the prohibition of thedistribution of alcohol in the city of Tangerang, and what ef orts have been made by the Satpol PPin enforcing the Tangerang City Regulation No. 7/2005 concerning the Prohibition of Distributionand Sales of Alcoholic Beverages. The type of research used is empirical-normative, the researchspecification is descriptive, the data collection technique is primary data with literature studytechniques and secondary data with interview techniques, the type of research approach is thestatutory approach (statue approach), and conceptual approach (conceptual approach). Satpol PPhas taken many actions in enforcing this regional regulation, including; (1) socialization, (2)cooperation with the community, (3) supervision and control, (4) confiscation, and (5)extermination. From the data on alcohol confiscation and destruction for the last 2 years, therewas an increase from 3,140 bottles to 4,837. It is clear that the Tangerang City Satpol PP hascarried out its duties properly and correctly in accordance with the applicable Standard OperatingProcedure.
ANALISIS PERLINDUNGAN KONSUMEN DARI KEBOCORAN KERAHASIAAN DAN KEAMANAN DATAATAU INFORMASI DALAM TRANSAKSI JUAL BELI ONLINE (STUDI PUTUSAN NOMOR:23/PDT.SUS.BPSK/2019/ PN.CBD.) Fernando Junio Gillardo; Jeane Neltje Saly
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

This study ambitions to research how security crimes for clients in online shopping for and sellingtransactions can be very critical for improving the network's financial machine. online shopping for andpromoting transactions are basically the same as conventional shopping for and promoting andpromotions, the distinction is the media used. even as commercial commercial enterprise actors and clientsmake an settlement, both occasions are precise and highlight duties and rights that should be fulfilled. Theformula on this paper is how the duty of enterprise actors to purchasers in shopping for and promotingonline is and the way the crime of consumer security in shopping for and promoting agreements throughon-line. the usage of normative jail studies strategies. The ef ects of the assessment are, First, the task ofcommercial enterprise actors in buying and selling on-line is to provide alternative or repayment ofproblematic merchandise. secondly, prison protection for on-line purchasing customers can be provided interms of legality as stated inside the laws and guidelines governing on line buying and promoting,especially rules 19 of 2016 regarding Amendments to law range eleven of 2008 concerning facts andvirtual Transactions. and law no. - UU no. eight of 1999 regarding customer protection.

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