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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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TINJAUAN TENTANG KEKUATAN HUKUM POLIS ELEKTRONIK DALAM PERJANJIAN MENURUT KITAB UNDANG-UNDANG HUKUM DAGANG (KUHD) DAN UNDANG-UNDANG 40 TAHUN 2014 TENTANG PERASURANSIAN Yoshua Jonathan Saputra; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Overview of the Legal Power of Electronic Policies in the Commercial Code Agreement and Law 40 of2014 concerning Insurance, resulting in the public having to prepare for the emergence of online-basedinsurance. According to Law 40 of 2014 concerning Insurance, in the era of technological growth there isstill no regulation that clearly handles the electronic policy problem. So that people are still confused,based on Article 1320 of the Civil Code, e-policy as a form of agreement generally has fulfilled the legalrequirements of the agreement based on Article 1320 of the Civil Code. However, as a form of e-policyagreement, it is also regulated in the Commercial Code. Meanwhile, based on Article 255 of theCommercial Code, the coverage must be in writing with a deed, which is given the name of the policy. Sothat the e-policy can be interpreted as not fulfilling the requirements for the validity of the fourthagreement, namely a lawful cause because e-policy is contrary to the Commercial Code which isequivalent to the Act. So that the insurance agreement can be interpreted as not meeting the objectiverequirements of an agreement, the agreement is null and void. Furthermore, the research method is foracademic purposes, the research method contains a description of the nature of the research, the methodsused to research, the data collection tools used in researching, research interviews and the types of data tobe obtained.
PERLINDUNGAN HUKUM TERHADAPANAK OLEH PEMERINTAH PROVINSI KEPULAUAN RIAU PADA MASA PANDEMI COVID-19 DENGAN KOSONGNYA KOMISIONER KPPAD Twina Nurul Ariestiana; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

In providing legal protection for children, the state has ratified Law No. 35 of 2014 which is anamendment to Law No. 23 of 2022 regarding Child Protection. The method in this study applies thenormative legal method which is supported by empirical law. The normative legal research methodis a method used to conduct a study of an existing written legal material. In this study, it was foundthat during the Covid-19 pandemic, with the vacancy of the KPPAD commissioner, from a securityperspective, a safety guarantee was also provided for victim witnesses and reporters, bothphysically, mentally or socially. In this case, information is given to the victim/victim's familyregarding the progress of the outcome of the ongoing case in the District Court until the completionof the process. In addition to physical and mental protection, the provision of restitution andmaterial compensation is also very much needed by the victim/victim's family, considering thevictims of crimes against children during the Covid-19 Pandemic. The impact of the vacancy of theKPPAD commissioner on child protection carried out by the Riau Islands Provincial Government during the Covid-19 pandemic, among others, the many cases that were not handled by the UPTDand the Police due to the increasing crime rate. cases involving children as victims. Victims(children) have suf ered for years because they do not dare to report, they are afraid that if victims(children) report they will be psychologically intimidated by irresponsible parties.
TINJAUAN HUKUM BAGI PEKERJA YANG MENGALAMI SEXUAL HARASSMENT DI TEMPAT KERJA Yoliandri Nur Sharky; Tundjung Herning Sitabuana
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Sexual harassment often occurs anywhere and to anyone, not bound by a person's place, time or evengender. In the workplace itself, sexual harassment often occurs, especially in women. Although it doesnot rule out the possibility that this can happen to men. Whereas in working to establish harmoniousindustrial relations is quite important, establishing harmonious industrial relations is needed for acomfortable and safe workspace for all workers. Protection against sexual harassment is actuallyregulated in government policy, as well as sanctions for those who do so. In addition to sexualharassment itself, comfort and security at work also have policies that regulate it. However, cases ofsexual abuse are not over and endless, because actually sexual harassment itself requires awarenessand concern from various parties to realize that it is something that should not be accustomed andallowed to happen continuously. Sexual harassment also requires special countermeasures andregulations as soon as possible. Because cases of sexual harassment especially in the workplace arealready at the stage of urgency.
KAJIAN DAN PENGARUH POSITIF NEGATIF PENJAJAHAN KOLONIAL BELANDA TERHADAP PEMBENTUKAN NEGARA INDONESIA Leonard Tasuno Laiya; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The colonial period in Indonesia did not begin immediately when the Dutch arrived in the archipelago at the end ofthe 16th century. On the other hand, the Dutch colonization process was a protracted process of political expansionthat spanned many centuries before reaching the present-day limits of Indonesia. Following the demise of theMataram Sultanate in the 18th century, the Vereenigde Oost-Indische Compagnie (VOC) established itself as aneconomic and political force on the island of Java. Since the early 1600s, this Dutch trading corporation had been adominant power in Asian commerce, but in the 18th century, it developed an interest in interfering in indigenouspolitics on the Indonesian island of Java in order to extend its grip over the local economy. However, corruption,inept administration, and severe rivalry from the British (East India Company) contributed to the VOC's demisetowards the end of the 18th century. Finally bankrupt in 1796, the VOC was seized by the Dutch government. As aresult, the Dutch crown acquired the VOC's property (assets) in the archipelago in 1800. Between 1806 and 1815,when the French conquered the Netherlands, these assets were given to the British. Following Napoleon's defeat atWaterloo, it was determined that the Dutch would reclaim the majority of the archipelago.
PERAN NEGARA DALAM PEMBUBARAN PARTAI POLITIK DI INDONESIA Caroline Tresnoputri; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Indonesia is a democratic country that always tries to guarantee the rights of itscitizens io freedom of association and assembly. The guarantee of this basic rightiisin the state constitution, namely the 1945 Constitution. The right to associate andassemble is a forum for establishing a political party. In the iynamics of the state,it is always related to the dynamics of political parties. These political parties playa very important role in the direction of policies and goals of a country. Theevelopment of a political party can also shake a country, so it is necessary toilimit ithe iestablishment iof ipolitical iparties. The ilimitation iof ithe iright iof iassociationiaims ito iprotect ithe istate iand icitizens. iPolitical iparties iwith idif erent iideologies ifromithe istate iwill ibe idissolved ior ifrozen, ithe imechanism iof iwhich iis ialso iregulated ibyithe istate. iThe idissolution iof ia ipolitical iparty iis ia iform iof istate irestriction ito iensureinational isecurity iand ialso iguarantees ithe irights iof icitizens.
IMPLIKASI YURIDIS PUTUSAN PKPU PERUSAHAAN ASURANSI JIWA KRESNA DALAM PUTUSAN NOMOR 389/PDT.SUS-PKPU/2020/PN.NIAGA.JKT.PST Evelyne Julian Halim; Vera Wheni Setijawati Soemarwi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Suspension of Payment (PKPU) is a concept in commercial law, which allows a debtor who has goodintentions to submit an application which in essence postpones his obligation to pay his debts. Basedon the provisions of Article 223 juncto Article 2 paragraph 5 of the Law Number 37 of 2004 onBankruptcy and Suspension of Debt Payment (UK-PKPU), an insurance company’s PKPU applicationmay solely filled under the Minister of Finance. However, with the establishment of the FinancialService Authority (OJK), the authority to apply for PKPU of insurance companies has shifted to theauthority of the OJK, as it stated in Law Number 21 of 2011 on OJK. This is also stated in Article 50of Law Number 40 of 2014 on Insurance. However, Verdict of Central Jakarta Commercial CourtNumber 389/Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst submitted by the Kresna Life Insurance customerwas granted by the judge, based on the considerations of Article 53 paragraph 2 of the Law Number40 of 2014 on Government Administration, which regulates fictitious approval. Of course, this decisionhas implications for the execution of payments by the Kresna Life Insurance Company as agreed by thecustomers during reconciliation. In addition, this decision has caused legal uncertainty about theinstitution authorized to apply for PKPU against insurance companies. The use of the legal basis bythe judge in granting the decision is a legal error, because UUK-PKPU applies specifically so that thelex specialis derogat legi generali principle applies.
ANALISIS TERHADAP RUMAH YANG TERIKAT JUAL-BELI YANG DIJAMINKAN KE BANK SECARA SEPIHAK (STUDI KASUS PUTUSAN PN JAKARTA BARAT NOMOR 339/Pdt.G/2018/PN.Jkt.Brt.) Vindy Kusuma; Mia Hadiati
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Society utilize the land as a place to do business and place to live which it means a house. House canbe obtained from buy and sell transaction upon the agreement of the parties. Problems can be found intransaction process as in the case of West Jakarta District Court Decision Number339/Pdt.G/2018/PN.Jkt.Brt. regarding the seller committing an unlawful act by pledging a housecertificate bound by a sale-purchase agreement without buyer permission. The problem are how is thestatus of the buyer ownership rights of the house that is pledged to the bank without buyer permissionand how is the buyer legal protection for the house that is guaranteed to the bank without the buyerpermission. The research method using legal research normative data supported by interviews. Theresearch result shows the buyer is not the owner of the house because the process of transferringownership has not been carried out and the certificate is still listed as the name of the seller, but it’s theright of the buyer to have the house, because the buyer has done his obligations to pay the price housein installments, so the house cannot be guaranteed by the bank. Buyer don’t get legal protectionbecause the buyer lost in court. Buyer must file a re-suit to the court by providing a legal basis andwithdraw the parties involved in the case with the aim of providing arguments for the lawsuit in thecourt.
IMPLEMENTASI DISPENSASI PERKAWINAN PASCA DIKELUARKAN REVISI UNDANG-UNDANG PERKAWINAN Vily Easter; Mia Hadiati
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
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A legal marriage is a marriage that is carried out between a man and a woman and the marriage islegally registered according to the law in force in Indonesia. If a man and a woman have not reachedthe minimum age for marriage and wish to marry, they can apply for a marriage dispensation at theReligious Courts or at the District Courts according to the religion of both parties. Examples includethe application for dispensation from marriage in the Sumedang Religious Court Decision Number541/Pdt.P/2020/PA.Smdg and the Sumedang Religious Court Decision Number475/Pdt.P/2020/PA.Smdg. The problems that occur in the research of this thesis, namely what is thebackground of the filing of a marriage dispensation, how is the judge's consideration in deciding theapplication for a marriage dispensation, and how is the ef ectiveness of Law No. 16 of 2019 onapplications for a marriage dispensation. This thesis research uses a normative research method wherethe approach used is a conceptual approach, a legal approach, a case approach supported by data andliterature reviews and also interview data to strengthen the research material of this thesis. After 1(one) month the issuance of the latest revision of the Marriage Law, BADILAG noted that applicationsfor dispensation for marriage experienced a fairly rapid increase from the previous year, this was dueto a change in the minimum age limit for marriage which changed to 19 years for both men andwomen. woman. Then the judge's consideration in deciding the application is to see the benefit of thePetitioner's child, on that basis the judge grants the marriage dispensation application and issupported by the completeness of the requirements for submitting a marriage dispensation application.Unfortunately, the latest Marriage Law is considered less ef ective in suppressing the rampantmarriage of minors which continues to this day.
ANALISIS PENGGUNAAN APBN OLEH DEWAN PERWAKILAN RAKYAT DALAM PERGANTIAN GORDEN RUMAH DINAS Jennifer Claudia; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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The House of Representatives in shortened or widely known in Indonesia as the DPR is one of theIndonesian state institutions that arranged through an election. Which selected by the peoplethrough a general election aimed at becoming the representative voice of the Indonesian people.As in listening the aspirations of the Indonesian people and voicing the voice of the peopleincluded the smallest circle in Indonesia. In the period of the Covid 19 pandemic as the Indonesianpeople are facing and going through with the impact of the pandemic there are losses in variousterms especially in terms of the country's economy. The House of Representatives (DPR) proposeda nominal budget to buy and change one of the internal needs of the House of Representatives(DPR) service house in fantastic and big nominal which is for curtains. The emergence of an eventlike this from an Indonesian state institution that is supposed to be a figure that is seen andmodeled by the Indonesian people precisely raises concern and lack of trust from the Indonesianpeople. Because it is often judged to propose or decide something without considering andthinking about welfare also justice for the people of Indonesia. In this case the Indonesian state isconsidered to spend a fantastic amount of money is a waste in an unimportant or non-emergencything. As said in the statute the invitation of Indonesia that decisions regarding the state's financessuch as from the State Revenue and Spending Budget (APBN) should be based in consideration ofjustice and welfare for the people of Indonesia.
PAYUNG HUKUM TERHADAPASAS KEADILAN UPAH TENAGA KERJA GURU HONORER Claudia Yosal; Tundjung Herning Sitabuana
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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In paying a wage to a worker, it is common for a company to take note of some of the factors af ectingthe payroll system. Some include qualifications, work locations, the size of the company, industry, andthe entire package of compensation. But what if the pay system does not meet a good gift system that matches the qualifications and labor of an employee, meets the standard of labor, and has a justquality. But the reality is that many employees who get no justice in the wages are not even delayed. Aterrible number of cases of honorer labor, one of whom often fell short of his rights in a fair way. It istherefore evident that such an unfavorable system of wages can have significant economic and socialadverse ef ects. And therefore a new mercenary system established by government regulation (pp) of 36years 2021 on employment according to labor # 13 in 2003 on employment and of working minimumwage change (ump) would not necessarily be able to realize a viable delivery system. So it is importantto formulate solutions and governments should also be able to guarantee regulatory certainty betweencentral and local rules, law enforcement, and economic openness in order to support disruptiveeconomic recovery. In order to provide legal protection from worthy assassins. This study has been thecrucial factor in the change or design of a legal system to replace a viable pay system for an honoraryteacher. Existing regulations are believed to enable the government to respond quickly and address theproblem and its high expectations to avoid minimizing a legal system and its regulations so that theexisting strategies can be implemented to provide legal protection and achieve clear goals.

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