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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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URGENSI PEMBENTUKAN MAJELIS PROFESI PENERBANGAN DI TINJAU DARI PASAL 364 UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN Dimitri Ilyasa; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

In the world of aviation, aircraft accidents often occur, especially in Indonesia, which are caused byfactors such as weather, technical conditions of aircraft, airport technical conditions, humannegligence, and various other causes. Due to human negligence, it is necessary to establish anAviation Professional Council which will improve the competence of aviation personnel and upholdprofessional ethics in the Indonesian aviation world. Therefore, it is necessary to establish an AviationProfessional Council in Indonesia in accordance with Article 364 of Law Number 1 of 2009concerning Aviation (hereinafter referred to as the Aviation Law) whose function is to provideadministrative sanctions to flight personnel who are negligent or do not perform their professionaccording to procedures that cause aircraft accidents and provide legal protection for AviationPersonnel who are considered to have violated the code of ethics and or mis-procedures in carryingout their profession so that they are not subject to criminal or civil sanctions if in further investigationthere is no indication of intent.
KEBIJAKAN FORMULASI DALAM MENANGGULANGI PELECEHAN SEKSUAL DI MEDIA SOSIAL DITINJAU DARI UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL Gen Yaish Ibrahim; Ade Adhari
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Along with the development of technology, crime has also evolved. Crime, which used to happen inconventional ways, is now expanding through cyberspace. Crime that happened in cyberspace alsoknown as cybercrime. Sexual harassment in social media or cyber harassment was a cybercrime thatwas often occured nowadays. In Indonesia, there are several applicable laws to countering the sexualharassment in social media, which are Indonesian Criminal Code (KUHP) and Law of ElectronicInformation and Transactions (UU ITE). Unfortunately, those applicable laws still have hugeweaknesses. Law of Sexual Violence Crimes (UU TPKS) comes as a specific law that against sexualviolence. Basically, Law of Sexual Violence Crimes (UU TPKS) can be used to deal sexual harrasmentin social media. But, this applicable law still has some weaknesses thus may obstructed thecountermeasures of sexual harassment in social media. The main issue of this paper is how policyformulation in tackling sexual harassment in social media viewed from Law Number 12 of 2022 aboutSexual Violence Crimes (UU TPKS)? The ef ort to counter sexual harassment in social media shouldbe formulated by observing the characteristic of those crime as a cybercrime. Sexual harassment insocial media should be formulated clearly, and the definition of sexual harassment in social media alsoought to be in the body of the Sexual Violence Crimes Law (UU TPKS). It aims to maximize thecountermeasures and prevention of sexual harassment in social media.
TANGGUNG JAWAB HUKUM BADAN USAHA JALAN TOL DALAM MENCIPTAKAN KESELAMATAN BERLALU LINTAS PENGGUNA JALAN TOL (STUDI KASUS PECAH BAN TOL JAPEK KM 39+350) Jenny Alvita; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Damage is a common right found in Indonesia, not to mention found on toll roads. The comfort and safetyof toll road users is the responsibility of the Toll Road Business Entity. The tire burst incident thatoccurred on the Cikarang-Cibatu section of the Jakarta – Cikampek Toll Road KM 39+350 towardsJakarta is one of the forms of negligence of the Operation and Maintenance Sub-Sector of the Toll RoadRegulatory Agency in carrying out the function of monitoring evaluation of the implementation ofplanning and implementation of toll road maintenance construction as referred to in paragraph (1). themandate of the provisions of Article 6 of the PUPR Ministerial Regulation 43/2015. This research is anormative research legal approach and case approach, using a qualitative approach. Due to the accident,the Toll Road Business Entity hereby does not carry out toll road concessions in accordance with thefeasibility standards and the lack of public knowledge causes them to be more sincere about the accidentthat happened to them when compared to demanding compensation from the Toll Road Business Entity.Strict liability & liability based on fault is the responsibility attached to the Toll Road Business Entity.The government needs to make ef orts to increase legal knowledge so that the public knows that thedamage to toll roads is the negligence of the Toll Road Business Entity in carrying out the function ofmanaging toll roads.
ANALISIS PUTUSAN PENGADILAN NEGERI CIBINONG NOMOR 33/PDT.G/2019/PN.CBI DIMANA PENGGUGAT TIDAK MEMILIKI KEWENANGAN HUKUM ATAS DIBATALKANNYA SERTIFIKAT OLEH PTUN (STUDI KASUS NOMOR 158/G/2015/PTUN-BDG) Bred Klenten; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The emergence of legal disputes stems from objections related to claims for land rights both onland status, priority and ownership. The problems is what is the consideration of the CibinongDistrict Court judge who grants PT. Sentul City which has no legal authority as a plaintif with thecancellation of SHGB No. 305/Desa Karang Tengah and how the legality of land ownership iscivil but the proof of ownership is cancelled. The research method is a normative juridical. Theresults showed that the things that were considered by the Cibinong District Court Judge whogranted PT. Sentul City which has no legal authority as a plaintif with the cancellation of SHGBNo. 305/Desa Karang Tengah is the transfer of land rights made by the Plaintif to the land owneras referred to in the 9 SPH that has been carried out legally. Cancellation of the certificatethrough the Administrative Court does not only immediately erase the civil rights of people to theland. In relation to this case, wherein the Plaintif 's SHGB No. 305/Desa Karang Tengah has beencanceled by the Administrative Court, of course, it becomes a strong legal basis. The cancellationof the certificate by the PTUN according to the author is because there are other parties who canprove that a parcel of land that has been issued a certificate is legally and truly his property andthis is supported by a court decision that has been inkracht.
KEDUDUKAN HARTA BAWAAN DALAM PERKAWINAN YANG DISITAAKIBAT TINDAK PIDANA KORUPSI STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 1948K/PDT/2015 Melinda Ijaya; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
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Abstract

Confiscation of innate property in a marriage that occurs as result of criminal act ofcorruption committed by the husband, where the object confiscated is in the form of land obtainednot from the proceeds of a criminal act of corruption but from the gift of the wife's parents beforethe marriage. The research with the title "The Position of Congenital Assets Confiscated Due tothe Crime of Corruption is listed in the Supreme Court Decision Number 1948K/Pdt/2015"coreproblems, namely how the judge's consideration in determining the confiscation assets in marriageas a result of criminal acts of corruption, and how the position of innate property in a marriagerelated to the confiscation of a criminal act of corruption. The purpose of this study was todetermine the position of the innate assets confiscated by the state when there was a criminalconfiscation of corruption related to the corruption case that ensnared the husband, on the objectof land where the land was obtained from a parental grant from the wife long before the husband'scorruption and to find out how the judge's considerations in determine the confiscation ofcollateral in the husband's corruption crime. Based on the results of the research, it shows thatthere are legal irregularities where it is stated that the opponent has no interest in this case, wherein fact the opponent has an interest as the injured party. is not the result of a criminal act ofcorruption by the husband of the opponent.
ANALISIS TERHADAP DAKWAAN JAKSA PENUNTUT UMUM TERHADAP TINDAK PIDANA PEMALSUAN AKTA JUAL BELI DALAM PUTUSAN PENGADILAN NEGERI CIBINONG NOMOR 282/PID.B/2020/PN.CBI. Calvin Rafly Hadi Pradana; Ade Adhari
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The first trial in the criminal procedural law begins with an investigation, then an investigation, aprosecution, and a judge's decision. With regard to the criminal process of forgery of documents, theDistrict Attorney's Of ice prepares a letter of indictment that corresponds to the elements of the crimecommitted by the defendant and meets the requirements of the indictment letter, that is, formal andmaterial requirements. The indictment is the basis of the inquest in court, on the basis of indictment aperson is heard and prosecuted before the trial. The public prosecutor should be careful when applyingthe relevant. articles in the case so that injustice is not committed. How is the analysis towardsindictment prosecutor, public prosecutor, against, Follow, punishment, forgery, deed of sale andpurchase in the Judgment Court Cibinong Country Number 282/Pid.b/2020/PN. Cbi. regarding theindictment of the Public Prosecutor Research legal materials. In, the type is normative with theapproach. legislation. and approach case. Based on the results of the deep analysis. the writing of thisthesis has been shown to be inaccuracy in the formulation of the letter, the prosecution's indictment,the Public. Public Prosecutor on a. not. careful. does not include article. 264 verses. (1) 1st. CriminalCode. in the formulation of the indictment. Related. Criminal. forgery. letter. whose object is anauthentic deed then the Defendant should have been charged based on. Article 264. verse. (1). 1stCriminal Code.
KEBEBASAN AKADEMIK DAN OTONOMI KEILMUAN DALAM SISTEM PEMERINTAHAN DEMOKRASI PANCASILA (Studi Kasus Webinar Constitutional Law Society Fakultas Hukum Universitas Gadjah Mada Yogyakarta) Delpedro Marhaen Rismansyah; Tundjung Herning Sitabuana
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
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Abstract

Academic freedom and scientific autonomy are rights held by students and professors, butacademic freedom and scientific autonomy often experience problems such as those in thewebinar Case Study, "Academic Freedom and Scientific Autonomy in the PancasilaDemocratic Government System (the Constitutional Law Sociétional webinar Case Study."TheFaculty of Law of Gadjah Mada University Yogyakarta)". Is the webinar on "The Problem ofPresidential Dismissal in the midst of Pandemic Review of the State System" at Gadjah MadaUniversity Yogyakarta justified to be held in Indonesia that practices the Pancasilademocratic government system? Research results showed that the "Problem of PresidentialDismissal in the midst of Pandemic Review of the State System" at Gadjah Mada UniversityYogyakarta was legally justified to be held in Indonesia which practiced Pancasila'sdemocratic government system, as it did not conflict with Article 28 of 1945 and regulations.legislation on academic freedom and scientific autonomy. The actions of some unknownindividuals who terrorized the webinar organizers were against the law, contrary toPancasila's democracy and violated human rights to free speech, opinion, and gatherings andto violate the academic freedom and autonomy of science stipulated in the 1945 Constitutionand the laws of law.
WEWENANG PARTAI POLITIK DALAM MENENTUKAN CALON ANGGOTA DPR RI YANG LOLOS MENJADI ANGGOTA DPR RI (CONTOH KASUS PUTUSAN PENGADILAN NOMOR 520/PDT.SUS.PARPOL/2019/PN JKT.SEL) Anindita Widyapradnya; Rasji rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Indonesia is a nation of law and a democratic country. With a massive population and area, thedemocracy is represented by a people’s representative body, like House of Representatives. Themember of the people’s representative is chosen by the people themselves through elections. Butusually there’s people who’s not agreed with the election’s result, like Mulan Jameela on 2019Legislative Elections. After she file a lawsuit to the South Jakarta District Court, Mulan Jameeladeclared to win the lawsuit according to Court Decision Number520/PDT.SUS/PARPOL/2019/PN.JKT.SEL and Gerindra Party is declared authorized to appointMulan Jameela as a member of House of Representatives. This caused two election participantswhich come from the same electoral district with Mulan Jameela, Ervin Luthfi dan Fahrul Rozi,dismissed for no apparent reason from the party so that Mulan Jameela could become a member ofHouse of Representative. The problem is how is the authority of political parties in determiningtheir cadres or members to qualify as members of the House of Representatives and the ef ect ofCourt Decision Number 520/PDT.SUS/PARPOL/2019/PN.JKT.SEL on the party's authority indetermining its cadres or members who qualify to become members of the House of Representativeof Indonesia Republic. This research is using the case approach method and statute approachmethod. The research results show that political parties are not authorized to determine whichcadres or its members qualify to become members of the House of Representative, and this courtdecision will not af ect the party's authority.
KEBIJAKAN PENANGGULANGAN MASALAH OVER KAPASITAS PADA LEMBAGA KEMASYARAKATAN Immanuel Yoan; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

There is still a lot of overcapacity that occurs in social institutions in Indonesia because, there areseveral criminal cases that should be mediated, but still proceed to the court level. The author wants toraise the issue of how the current overcapacity management policy is and what is the ideal policy toovercome overcapacity in the future. The research method used is normative research. Based on theauthor's analysis of overcapacity prevention policies at this time still tend to prioritize imprisonment,even though there are other alternatives to resolve criminal cases that are classified as minor, namelyRestorative justice, the basic principle of Restorative Justice is mediation. The author concludes thatnot all criminal cases must be resolved with imprisonment, there are other alternatives that can makethe Community Institution less overcapacity, namely restorative justice. It is preferable that theresolution of this overcapacity problem should focus on the process before the entry of these "problematic people" into the correctional facility, namely at the stage of investigation in the police,prosecution at the prosecutor's of ice, up to the stage of court decisions.
SANKSI PIDANA TERHADAP PENYIDIK KEPOLISIAN YANG MELAKUKAN KEKERASAN DALAM PROSES PEMERIKSAAN TERSANGKA Jose Adiguna; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

In the investigation stage, investigators often commit violence that can harm the suspect, where thesuspect has rights as a human being and as a community protected by laws and regulations. In theinvestigation process, investigators do not only seek confessions from suspects, but also collectpreliminary evidence and witnesses in order to support proving the existence of a crime, whereinvestigators are given the authority to take certain actions, in order to complete the investigationprocess. But often in the investigation process, investigators use violence against suspects.Investigators who commit acts of violence against suspects may be subject to sanctions and may besubject to a Police Professional Code of Ethics. The investigation process aims to provide clarity on acriminal act that has occurred. In carrying out the investigation process, members of the policeassigned to look for evidence of a criminal act will interrogate the suspect. Article 117 (1) of theCriminal Procedure Code states that the statements of suspects or witnesses given to investigators areaccompanied without pressure from anyone or in any form.

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