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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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TANGGUNG JAWAB BANK DALAM DUGAAN HILANGNYA TABUNGAN NASABAH ( DI BANK MANDIRI TAHUN 2021) Erlando Agi Patra; R.M. Gatot P. Soemartono
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Banks play a significant role in the economic growth of a country, and in its activities, banks are in direneed of deposit funds from their customers. In this regard, banks are required to guarantee the security ofcustomer funds deposited with banks. As an ef ort to protect consumers/customers, Law no. 8 of 1999concerning Consumer Protection and Law no. 10 of 1998 concerning Banking. However, in reality thereare still many modes of crime in the financial services sector. Many phenomena occur between banks andcustomers, one of which is debit card theft and PIN ownership. This causes the customer's balance to belost in the amount of IDR 128 million rupiah. The problem that will be discussed is how the bank isresponsible for the loss of customers and how the legal settlement will be. This research is to understandthe form of bank responsibility and find out what customers should do if they feel aggrieved, as well aswhat legal steps the customer can take. This study uses normative legal research methods using books andwebsites, as well as interviews as supporting data. The results show that the customer must report theproblem to the bank concerned clarify the truth. When the bank cannot help with the complaint, thecustomer can make a report to the Financial Services Authority (OJK). OJK will facilitate customercomplaints, which if there is an error on the part of the bank, the bank must be responsible, but if the bankcan prove his innocence, then the loss is borne by the customer himself due to negligence/error. If afterfurther examination there is a criminal element, the perpetrator may be subject to criminal sanctions.
PENERAPAN REHABILITASI MEDIS DAN REHABILITASI SOSIAL TERHADAP PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA JENIS GANJA (STUDI TERHADAP PUTUSAN PENGADILAN NEGERI CIBINONG NOMOR 167/PID.SUS/2018/PN.CBI.) Reyner Darell Sidharta; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Indonesia as a constitutional state based on Pancasila and the 1945 Constitution containsregulations governing the order of people's lives which aim to create security and order in sociallife. In order to overcome the high level of narcotics abuse in Indonesia, the government issuedLaw Number 35 of 2009 concerning Narcotics and Circular Letter of the Supreme Court Number 4of 2010 concerning the placement of victims of abuse and narcotics addicts into medicalrehabilitation and social rehabilitation institutions for reference in sentencing. Furthermore, theresearch used is normative legal research, descriptive analytical research, secondary data types.Imprisonment is not an appropriate final means of punishment for victims of narcotics abuse, butvictims of narcotics abuse do not trade narcotics but for their own consumption, in contrast toperpetrators who become narcotics dealers or dealers who trade narcotics among the public.Article 127 paragraph (3) of the Law of the Republic of Indonesia Number 35 of 2009 concerningNarcotics states that "In the event that the abuser as referred to in paragraph (1) can be proven orproven as a victim of narcotics abuse, the abuser is obliged to undergo medical rehabilitation andsocial rehabilitation. ” And in the Supreme Court Circular No. 4 of 2010 concerning Placement ofAbuse, Victims of Abuse and Narcotics Addicts into Medical Rehabilitation Institutions and SocialRehabilitation Institutions, a person may be subject to medical rehabilitation and socialrehabilitation sanctions if the evidence does not exceed the provisions stipulated in the CircularLetter of the Supreme Court Number 4 of 2010.
TINJAUAN HUKUM PERSAINGAN DAN PENGHAPUSAN MEREK DAGANG TERDAFTAR SULTHAN FAISAL ESA M; Christine S.T. Kansil
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Indonesia's trademark regulations are constantly changing and are governed by Law No. 21 of1961 on the use of trademarks and first-to-file principles, which assumes that the party with theright to use the trademark is the first registrant of the trademark. increase. However, with theongoing amendments to the law, Law No. 21 of 1961 was amended to Law No. 19 of 1992, withchanges related to the license system that was originally the first system or declaration used. Wasdone. First registration system & # 40; Stelsel to the first used system & # 41 ;. File system orconstructive stells). This search uses a library search type that looks up various documents relatedto the search. The method used by the author is a normative legal investigation method using alegal approach and a case approach. The result is that Law No. 20 of 2016 states that thetrademark of Geprek Bens, owned by Ruben Samuel Onsu, must be revoked and rejected by thestate's Genderral Haku Kekayan Intellectual. It shows that it is.
ANALISIS TERHADAP DELIK PERMUFAKATAN JAHAT PENDANAAN TERORISME DALAM PUTUSAN PENGADILAN NEGERI JAKARTA TIMUR NOMOR 398/PID/SUS/2018/PN.JKT.TIM Richard Janwardo; Ade Adhari
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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From a criminal law perspective, terrorism is a unique crime. The essence of terrorist acts isfunding and applies to all terrorist acts. Law Number 9 of 2013 concerning the Prevention andEradication of the Crime of Financing Terrorism regulates the crime of financing terrorism. Theevil conspiracy regulated in Article 5 of the Terrorism Financing Law is one of the conditions thatmust be fulfilled by criminals. In this study, the defendants in the decision of the East JakartaDistrict Court No. 398/Pid/Sus/2018/PN.Jkt.Tim were used as the object of research to assess howthe crime of financing terrorism to finance terrorism was applied and to assess the factorsconsidered by the judge. in applying the criteria for conspiracy in the financing of criminal acts ofterrorism. Through an inventory of sources from books and laws and regulations, this research wasconducted using a normative juridical approach. The defendant was charged with Article 4 jo.Article 5 of Law Number 9 of 2013 concerning Prevention and Eradication of Terrorism FinancingCrimes and Article 15 jo. Article 7 of Law Number 15 of 2003 concerning Criminal Acts ofTerrorism and sentenced to 4 years in prison. The activities of the accused, who have been provento be part of a conspiracy to finance terrorism, can be identified according to the qualifications ofthe articles charged by the public prosecutor. The decision was considered inappropriate inapplying the crime of conspiracy as in the judge's decision.
IMPLEMENTASI TARIF RETRIBUSI PARKIR BERDASARKAN PERATURAN DAERAH KOTA TANGERANG NOMOR 3 TAHUN 2014 TENTANG RETRIBUSI JASA USAHA Muhammad Naufal Alfaraz; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Parking retribution are one source of Regional Original Income which has a high enoughpotential for financing regional expenditures in carrying out government and development tasks.Therefore, it is very necessary to have a legal certainty for the application of parking retributionrates regulated by the Regional Government based on applicable laws and regulations. How is theimplementation of the parking retribution rate based on the Tangerang City Regional RegulationNumber 3 of 2014 about Business Service Retribution? What are the obstacles to deal with inimplementing the parking rates? The author examines this problem by using empirical legalresearch methods. Research data shows that parking management in Tangerang City was managedby PT TNG as a BUMD since March 2018 based on the Tangerang Mayor Regulation, withparking managed by PT TNG it makes regional original income from parking fees is not optimal, itis happens because of parking who managed by BUMD is excluded from the object of parkingretribution. From the data on the realization of Tangerang City's original revenue in 2018 and2019, it also shows an insignificant profits. Of course this is due to the obstacles faced by PT TNG,there are the parking rates regulated by the Regional Regulation are too cheap considering thecurrent economic growth, then in its operations PT TNG is obliged to rent a land to the TangerangCity Government and also pay a tax of 20% (twenty percent) every month to be deposited into theregional treasury.
PERAN OJK MELALUI PERATURAN NOMOR 71/POJK.05/2016 TENTANG KESEHATAN KEUANGAN PERUSAHAAN ASURANSI DAN PERUSAHAAN REASURANSI TERHADAP PERUSAHAAN ASURANSI YANG MEMILIKI TINGKAT KESEHATAN KEUANGAN RENDAH Suhandi Suhandi; Christine S. T. Kansil
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

insurance agreement in nowaday isn't only as a protection of healthiness and asset, nowadaysinsurance is also used as an investment . there are so many insurance company nowadays that couldbe a choice for society. because there are so many dif erent insurance company, it makes a competitionbetween them, as a result they are trying to make a new product that could make an interest frompeople. however, the product is not always made well and their management of risk is often poor so itneed to supervision by a institution. As an example, Jiwasraya that made a product that called JSSaving Plan that made high loss for the state. in Indonesia, OJK is a authority that made especiallywith a function of regulating, evaluating, and investigation for every institution that works with afinancial scope. as a duty of OJK, they made a regulation that made especially for regulating thefinancial health of the insurance company that can be found on POJK Nomor 71 Tahun 2016 and someof SEOJK that made as a guidelines for the company to managing their financial health and also thefinancial statement.in the practice, there are a loop hole from the regulation that can be an obstaclefor OJK to diagnose the poor financial level of the company. while the financial health of the companyis an important thing to avoid the loss for the people.
ANALISIS PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (STUDI KASUS PUTUSAN PENGADILAN NEGERI MATARAM NOMOR 312/PID.SUS/2020/PN.MTR.) Vicky Vicky; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Traf icking in persons or human traf icking has now become a public problem that must beimmediately addressed by the government, both central and regional. The problem faced in theresearch is whether the application of criminal sanctions by judges using Article 81 of LawNumber 18 of 2017 concerning the Protection of Indonesian Migrant Workers in the MataramDistrict Court's decision Number 312/Pid.Sus/2020/PN.Mtr is correct? The research method usedis normative juridical law research. The results showed that basically the decision of the MataramDistrict Court Judge Number 312/Pid.Sus/2020/PN.Mtr was correct by imposing criminalsanctions on the accused perpetrators of placing Indonesian migrant workers by individuals underArticle 81 of Law Number 18 of 2017. Refers to the amount of the sanction given only withimprisonment for 8 (eight) months, and a fine of 1 billion, provided that if the fine is not paid, it isreplaced with imprisonment for 2 (two) months each. This is still too light compared to themaximum criminal sanction that can be imposed on perpetrators of a maximum imprisonment of10 (ten) years and a maximum fine of Rp. 15,000,000,000.00 (fifteen billion rupiah). According tothe decision of the Mataram District Court Number 312/Pid.Sus/2020/PN.Mtr. can impose moresevere penalties on the perpetrators of placing Indonesian migrant workers by these individuals,considering that the maximum criminal provisions in the articles imposed are very high, and thepotential for the acts committed will have a large impact.
Status Anak yang Dilahirkan Akibat Pembatalan Perkawinan Sedarah Menurut Hukum Islam dan Undang-Undang Perkawinan No. 1 Tahun 1974 (Studi Kasus Putusan 1160/Pdt.G/2018/PA.Bms) Julliues Mulyadi; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
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Marriage is defined as an inner and outer relationship between a man and a woman as husband andwife with the intention of creating a joyful and eternal family or household based on the OneSupreme Godhead in Article 1 of Marriage Law No. 1 of 1974. In the context of marriage, the linkthat unites a man and a woman as husband and wife is clearly apparent. In order for each person togrow and achieve spiritual and financial well-being, husband and wife must support andcomplement one anotherLong-time residents of specific locations who are still related by blood haveengaged in incest marriages. When something is done regularly, it develops a habit, and themarriage subsequently takes on local culture. The aforementioned shows that inbreeding occurs inIslamic cultures that follow Islamic law as well as Indigenous peoples that follow customary law.Weddings with relatives or blood marriages have been restricted or even outlawed in the MarriageLaw since the passage of Marriage Law No.1 of 1974, although if this is broken and takes place, themarriage would be dissolved. Even though the prohibition of marriage has been regulated, theexistence of marriages between blood relatives, whether they happen on purpose or accidentally, isstill a phenomena in society, necessitating the annulment of marriages. Marriage annulment isdistinct from divorce. An annulment of a marriage is a ruling that declares a legally lawful marriagethat has already taken place to be null and hence to never have existed.
KEBIJAKAN PENANGGULANGAN TAWURAN ANTAR REMAJA DI WILAYAH JAKARTA BARAT Yeremia Aprilio; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
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Brawl is a fight between groups using supporting tools in the form of sharp weapons, stones andso on. Brawls between students in the West Jakarta area are still common. The factor of theexistence of brawls between teenagers is a very bad friendship environment and also from familyfactors that do not always monitor or see the growth and development of their children from thelevel of children to the level of adults. The impact of the brawl is the destruction of public facilitieswhich can disturb the community and cause casualties and injuries. The National Police of theRepublic of Indonesia is one of the law enforcement of icers in Indonesia who plays an active rolein tackling and taking action against the perpetrators of brawls. One of the goals of the police is tomake people feel safe and comfortable to carry out their activities. The perpetrators of suchbrawls can be subject to criminal sanctions under Article 170 of the Criminal Code which reads"Anyone who intentionally and with collective force uses violence against people or goods, isthreatened with a maximum imprisonment of five years and six months".
ANALISIS SENGKETA PENARIKAN OBJEK JAMINAN FIDUSIA SECARA PAKSA (STUDI KASUS PUTUSAN NO.113/PDT.G/2018/PN.BTM) Jordi Living Gosan; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
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Fiduciary guarantee is a creditor's loan agreement to the debtor that involves guarantee. When thedebtor or fiduciary giver breaks his promise or does not fulfill his performance on time to the creditor,the execution of the fiduciary guarantee will be applied, namely the withdrawal of the object that hasbeen agreed upon. Eddy Lim (plaintif ) sued PT Maybank Indonesia Finance (defendant) because heconsidered that his actions in withdrawing and executing the object of fiduciary security, namely oneunit of a four-wheeled vehicle with the Datsun Co-Panca brand, were not in accordance with theexisting rules and regulations and should only be carried out by the court through an auction, so thatthe plaintif feels that he has been harmed. The Plaintif and the Defendant have made a financingagreement with a fiduciary transfer of property rights, namely the plaintif will pay in installments withan installment payment agreement period of 36 months, starting from November 2014 to October2017. However, the plaintif did not make a deposit for 3 months, therefore the defendant pull objects.However, the court's decision rejected the plaintif 's application due to the non-fulfillment of relativecompetence and an error in persona. The purpose of this study is to know and understand the law ofguarantees in disputes over the forcible withdrawal of fiduciary objects. The types of data used areprimary data and secondary data.

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