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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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PERLINDUNGAN TERHADAP PEMEGANG SERTIPIKAT HAK MILIK YANG DIBATALKAN DENGAN BUKTI GIRIK DALAM PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 61/G/2021/PTUN.SRG. Raini Nurhaedah; Benny Djaja
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

A land dispute is a problem in the land of everyone who feels the owner of the land object isdisputed by the two litigants. Land disputes themselves often occur in people's lives from the pastuntil now. Because land is a complex and vital object when discussed, land itself is one of theobjects that is indispensable for the survival of living things that are used for farming or a placefor shelter. In this study will be discussed about land disputes. The definition of soil itself is a partof the earth's crust that has an arrangement of minerals and organic matter contained in it. One ofthe issues to be discussed is the protection for canceled certificate holders with girik evidence inthe Serang State Administrative Court Decision Number 61/G/2021/Ptun.Srg. in the content of hisdecision stated that the judge decided to require the defendant to cancel the certificate ofownership of the intervention defendant and granted the plaintif 's claim in this case the owner ofthe girik evidence base, and the author wants to link the Judge's Decision with Article 32paragraph (2) Government Regulation Number 24 of 1997 concerning Land Registration and alsowith other articles related to the case. The purpose of this study is to provide readers with anunderstanding of the forms of protection in land disputes. The research method used in answeringthe problems in the research uses normative juridical legal research methods.
PERLINDUNGAN HUKUM PERDATA DALAM HAL PEMBAJAKAN ATLET E-SPORT ANTARAATLET DENGAN PT. ECHO E-SPORTS INDONESIA Melani Harly; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Agreement is an event when someone has promised or when one person with another person makes an agreement with each other between the two parties.In this study the author will discuss the existing agreements in E-Sports. The definition of E-Sports itself is an electronic game that is competitive in nature. In this case, the author is interested in analyzing legal problems that may occur in E-Sports athletes, such as doing actions that can harm other parties and not fulfilling the agreements that have been signed in the E-Sports contract. One of the problems that the author will discuss is regarding the piracy of E-Sports athletes or can be called Poaching. Poachingcomes from English which means piracy or illegal hunting. Things like this can also be referred to as contract breaches or breaches of contract. The purpose of this study is to provide readers with an understanding of the forms of protection against unwanted actions that occur in the world of E-Sports. The method used to answer the problems that have been formulated in this study is a normative legal research method.
ANALISIS PEMASARAN KOSMETIK ILEGAL YANG TIDAK TERDAFTAR PADA BPOM BERDASARKAN UNDANG-UNDANG NOMOR 8 TENTANG PERLINDUNGAN KONSUMEN (Contoh Kasus: Pabrik Skala Rumahan Di Kalideres Tahun 2019) Dinda Maulida; Jeane Neltje Saly
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Consumer protection is regulated in Law no. 8 of 1999 concerning Consumer Protection. Article 7letter a contains that business actors must have good intentions in their business activities, withthe aim of protecting consumers, but this has not been achieved optimally. the content and contentcontained in the product cannot be accounted for because there is no certainty from the expertiseof the product, such as the absence of a halal label. does not meet the standards according tolegislation, does not comply with quality standards, cosmetic products do not comply with theprovisions. Therefore, there are many dangerous cosmetic products circulating in the market dueto the lack of supervision from related parties. This research uses normative legal researchmethods. The results of the study indicate that the rights of consumers who are harmed and arestill not fulfilled based on Law no. 8 of 1999 concerning Consumer Protection and is still notef ective because of the supervision carried out by BPOM in overcoming the problem of illegalcosmetics.
ANALISIS HUKUM ATAS INDEPENDENSI ARBITER Dewi Rahma; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

One of the problems that may arise when carrying out the process of resolving cases in arbitration is regarding theneutrality or independence of the arbitrators chosen by the applicant and the respondent to the arbitration. Althoughit is very rare, but in fact in some cases it can happen. The chosen arbitrator is indicated to be siding with one of theparties due to having blood relations with the Petitioner or Respondent, or may also have financial or other interestsin the arbitration award. If it is proven that an arbitrator is not independent in the arbitration dispute resolutionprocess, then the applicant or respondent may file a denial of the arbitrator. In practice, the reasons for impartialityand reasons for independence are the two main reasons put forward by the parties. This independence is defined asthe arbitrator's dependence on the party who appointed him and this dependence is not related to any relationshipor financial interest in the dispute. This independence intersects with the psychology of an arbitrator. For example,this can be seen in international disputes, where the arbitrator comes from the same nationality as one of theparties. Meanwhile, impartiality is more closely related to an arbitrator who is openly seen as siding with one party.For example, in a trade dispute where one of the parties is a trade organization and the chosen arbitrator is amember of that trade organization. This of course makes the arbitrator not neutral or partial.
PERLINDUNGAN HAK CIPTA TUGU SELAMAT DATANG (STUDI PUTUSAN NOMOR: 35/PDT.SUS-HAK CIPTA/2020/PN NIAGA JKT. PST. Sandra Gloria Satriani; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Intellectual property is a material right, the right to an object that originates from the work of thebrain, and the work of ratios. Intellectual property in law is divided into 2 groups, namely the right tomanufacture (copyright) and factory property rights (industrial property rights). Copyright is definedas the exclusive right of the creator that arises automatically based on declarative principles after thecreation is manifested in a tangible form without restrictions in accordance with the provisions of lawsand regulations. The author uses normative legal research methods and uses interview data assupporting data. The results of the study reveal that copyright protection for the Selamat DatangMonument sketch and Selamat Datang Monument statue is regulated in Law Number 28 of 2014concerning Copyright. Court Decision Number 35/Pdt.Sus-Hak Cipta/2020/PN Niaga Jkt.Pst isinconsistent with the provisions of the existing laws and regulations. The sketch of the Selamat DatangMonument and the Selamat Datang Monument statue were created because of an order from PresidentSoekarno to Henk Ngantung (in his capacity as Deputy Governor of Jakarta) and Edhi Sunarso.Therefore, the creation was made because of the framework of the working relationship and the orderthat was made because it was under the creation of the creation the sketch of the Selamat DatangMonument and the statue of the Selamat Datang Monument should be recognized as fully stateproperty.
ANALISIS PANDEMI COVID-19 SEBAGAI DASAR TERJADINYA FORCE MAJEURE DALAM SUATU PERJANJIAN (STUDI KASUS PUTUSAN NOMOR 629/Pdt.G/2020/PN JKT.SEL) Christopher Kendrick Adam; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Force Majeure is a situation in which makes the debtor in an agreement enter a forceful station that makes the debtor’sobligation becoming impossible or very dif icult to execute in which the debtor won’t be able to finish their obligationwithout suf ering great losses especially in a disaster. In this case the accused which is also the debtor in the agreementthat is related to the genesis of Force Majeure because of the many dif iculties relating to production that is caused byCOVID-19 Pandemic. The writer is researching matter related to the judge’s consideration in this case in which if theconsideration itself can be considered as Force Majeure in law using the research method of empirical legal research.The result of this research will be based from the writers opinion that the Judge’s consideration didn’t fully recognizefully the validity of proof from one of the party that participate in this case, because if the proof from all party has beenfully considered and recognized then it could be the case that relative Force Majeure can be applied in this case. Thewriter hope that judges in the future can fully consider all the proof from all party fairly.
TINJAUAN KONSTITUSIONAL KEUANGAN NEGARA DALAM KEPAILITAN BADAN USAHA MILIK NEGARA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 43 PK/PDT.SUS-PAILIT/2019) Benny Andreas Sinaga; Ahmad Redi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

This study discusses the constitutional review of state finances in the bankruptcy of State-OwnedEnterprises through the case study of the Supreme Court Decision Number 43PK/PDT.SUS-PAILIT/2019 relating to the review of the bankruptcy of PT Kertas Leces. In Bankruptcythere are special provisions relating to the bankruptcy of State-Owned Enterprises, namely if aState-Owned Enterprise is engaged in the field of public interest, the Minister of Finance can only suefor bankruptcy. Meanwhile, for State-Owned Enterprises that operate privately or in the form of aLimited Liability Company, the creditors can go bankrupt. Bankruptcy in the State-Owned Enterprisesthen gave birth to problems in the perspective of state finances. State financial status in State-OwnedEnterprises is a separate state finance. However, there is an antinomy of meaning between the 1945Constitution and the State Finance Law, so that one and the other are contradictory. This study foundthat there is a dif erence in meaning between the meaning of separated state finances in the 1945Constitution and the State Finance Law which lies in the extent of the meaning of separated statefinances. However, based on the development of practice and the opinion of experts, the meaning ofseparated state finances is a broad meaning as regulated In the Law on State Finances, it was furtherdiscovered that the state cannot be bankrupt because the state assets in BUMN are assets that havebeen separated.
URGENSI PEMBENTUKAN UNDANG-UNDANG KHUSUS PERLINDUNGAN DATA PRIBADI DI INDONESIA DALAM MEWUJUDKAN HARMONISASI HUKUM PERLINDUNGAN PRIVASI DAN DATA PRIBADI DALAM ERA DIGITAL (STUDI KASUS: INDUSTRI FINANCIAL TECHNOLOGY (FINTECH) BERBASIS PEER TO PEER LENDING Daniel E. P. Pardede; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The collection and dissemination of personal data without the permission of the data owner is aviolation of a person's privacy because privacy rights include the right to determine whether or not toprovide personal data. Personal data is an asset or commodity of high economic value. Thedevelopment and growth of Financial Technology or Fintech in Indonesia then requires Indonesia tomake laws that specifically regulate and can strictly monitor and regulate the sustainability of Fintechin Indonesia. Although Fintech is very profitable for the Indonesian economy, Fintech also has the riskof violating the law because it involves many legal subjects, such as criminal, civil and administrativeviolations. Many violations are found in Fintech in Indonesia such as consumer rights violations,personal data violations, and illegal Fintech. Therefore, the urgency of the establishment of a speciallaw on the protection of personal data in Indonesia is needed, in order to realize the harmonization ofthe law on the protection of privacy and personal data in cyberspace in the digital era. Personal datain electronic systems includes protection against the collection, collection, processing, analysis,storage, display, announcement, transmission, dissemination, and destruction of personal data.
HAK UPAH TERHADAP TENAGA KERJA YANG DIRUMAHKAN AKIBAT PANDEMI COVID-19 BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2013 (STUDI KASUS : PUTUSAN NOMOR 60/PDT.SUS-PHI/2020.GTO Femela Yosefin Gloria Untu; Gunardi Gunardi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

During the Covid-19 Pandemic Period there were many problems experienced by theworkforce, especially related to the provision of wages or salaries. In Decision No.60/Pdt.sus-PPHI/2020/PN.Gto, which made the defendant consider the situation in a pandemicas impossible for the defendant to get rid of, therefore the elements contained in article 93paragraph 2 letter f were not achieved. Therefore, there is no obligation for employers toprovide compensation to workers who have been laid off due to the COVID-19 pandemic.This creates legal uncertainty between the Manpower Act and the Minister of ManpowerDecree No. M/3HK.04/III/2020 which regulates the provision of wages must be based on anagreement between the company and the workers. Aan Supu has worked as an employee ofPT. Paradise Cipta Persada with a working period of 6 years, and was sent home due to thecovid-19 pandemic then he did not get the right to his wages (salary) while he was home. AanSupu filed a lawsuit to the Industrial Relations Court at the Gorontalo District Court, but thelawsuit was completely rejected by the panel of judges. This research is normative withanalytical descriptive nature. The type of data used in this research is secondary whichincludes primary legal materials and secondary legal materials. The results of the writing showthat when viewed from Law No. 13 of 2013 concerning employment. The author concludesthat because of that the rights and obligations of each party must be fulfilled until there is adecision from the Industrial Relations Court Institution, in which workers will get legalprotection by obtaining wage rights, or service fees.
Perlindungan Konsumen Atas Jual Beli Masker Dikirim Batu Bata Secara Online Aldea Ilyasa Ahyar; Jeane Neltje Saly
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

e-commerce has become a transaction that is widely used and of course with the development of thesetransactions, of course there is also a need for laws that are intended to regulate consumers andbusiness actors, so that law number 8 of 1999 was issued concerning consumer protection, where thislaw is intended to provide all necessary ef orts This law explains several things, one of which concernsthe rights of consumers and business actors, then also the obligations between business actors andconsumers, Article 4 explains the rights of consumers for example in paragraph 8 that consumers havethe right to get compensation if the goods received by the consumer are not in accordance with theagreement or not properly, but these consumer rights are often not obeyed by business actors, forexample as happened in the case of buying and selling masks online, but business actors only sendboxes containing bricks, then there is also no compensation made by business actors where consumershave suf ered losses due to this matter.

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