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Jurnal Hukum Adigama

adigama
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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 HUKUM BIRO PERJALANAN UMRAH TERHADAP CALON JAMAAHNYA Jeremi Korayan; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

As a legal subject, Umroh organizing agency has the legal responsibility of Umroh congregation, responsibilities relating to the concept of legal obligations. A person is legally responsible for a particular act or that he or she assumes legal liability means that he or she is responsible for a sanction in the event of a conflicting action. From legal aspect, Umroh organizing agency's legal responsibility can be seen from civil, criminal, and administrative aspects. Many of the Umroh organizing agency although it has permission from the government but in its implementation is not in accordance with the provisions set forth in the legislation regulating the implementation of Hajj and Umroh. This can result in losses for pilgrims who use the umroh organizing agency. For example, in practice, many Umroh organizing angency do not give written agreements. The agreement is usually done with a verbal agreement promising. Therefore, when the rights and obligations of the parties is not met, there is no authentic evidence to prosecute and no limits on liability. Actually, a written contract is regulated and stipulated in Article 45 of Law. 13/2008 on Organizing Haj Pilgrimage to Mecca. Thus the form of agreement of appointment of departure between the Umroh organizers agency with prospective pilgrims so that umroh can be known various responsibilities of the umroh organizers agency in case of incompatibility between the agreement with the realization.

PENGARUH EMOSI KEAGAMAAN TERHADAP KEDUDUKAN ANAK ANGKAT PADA MASYARAKAT BADUY MIGRAN (KASUS DESA CISIMEUT LEBAK BANTEN) Ade Lilis Suryani; Yuwono Prianto
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Children are one of the gifts of the Almighty God as a mandate and must be protected, loved and guaranteed for all their needs. The child referred to here is a legitimate child, an extramarital child and adopted child. The position of adopted children in Indonesia is governed by positive law, Islamic law, and customary law. In customary law each indigenous community in various regions has its own character and mechanism. As in Kasud in the village of Cisimeut Lebak, Banten, that is in the indigenous Baduy community. In the results of the study, it was pointed out that local customary law was still more enforced than religious norms. This is evidenced by the discovery of the Baduy migrants from the Baduy tribe due to conversion. While the majority of the beliefs of the Baduy people are Sundanese wiwitan. With the development of the times, technology and community interaction became one of the factors supporting the influence of the religious emotions of the Baduy community.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGGUNA TRANSAKSI DENGAN SISTEM PEMBAYARAN GO-PAY Lusi Septiyati; Siti Nurbaiti
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The development of technology, information and communication affects Indonesian people in making payment, one among which is using Go-Pay payment system. However, the system does not always work well because it is still prone of problems such as loss of balance during Go-Pay transaction. Legal protection for consumers using Go-Pay payment system is the problem to be discussed in the thesis. The research uses descriptive normative legal method, making use of secondary and primary data as the supporting data with legal approach. The research findings illustrate that consumers in Go-Pay payment system have no legal protection because GO-JEK does not provide compensation as provided for in Article 4 paragraph (8) of the Consumer Protection Law, Article 7 paragraph (6) of the Consumer Protection Law, Article 19 of the Consumer Protection Law, Article 43 of Bank Indonesia Regulation Number 14, item (3) of Go-Pay Terms and Conditions. It is suggested that GO-JEK should provide legal protection to its consumers by complying with regulations and carrying out its obligations to provide compensation.

SANKSI YANG DITERIMA OLEH PEJABAT PEMBUAT AKTE TANAH DALAM PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM (STUDI PUTUSAN: PN JAKSEL NO. 124/PDT.G/2017/PN.JKT.SEL) Andi Pratono; Tjempaka Tjempaka
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.

PENERAPAN ASAS POLLUTER PAY PRINCIPLE DAN STRICT LIABILITY TERHADAP PELAKU PEMBAKARAN HUTAN Malvin Edi Darma; Ahmad Redi
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The environment is a very important part of human life. Therefore, the destruction of the environment, especially the destruction of forests, must be overcome. One method of doing this is through the enforcement of the environment law. Increasingly, the awareness in the enforcement of environmental law is also growing, as evidenced by the enforcement of environmental law through strict liability and polluter pay principle approach. The principle of Strict liability and polluter pay principle in the enforcement of environmental law in Indonesia is regulated in the provisions of Articles 88 and 87 of Law No. 32 of 2009 on Environmental Protection and Management. However, the problem remains as the application of the principle of strict liability and polluter pay principle has not reached its full effectivity in the enforcement of environmental law in Indonesia. Based on these two principles, the perpetrators of environmental destruction, namely the forest burners, are responsible for losses caused by their deeds. Therefore, this research will discuss the application of strict liability principle and polluter pay principle in enforcing environmental law against forest burning actors.

ASPEK HUKUM TANGGUNG JAWAB NEGARA TERHADAP PERLINDUNGAN ANAK TERLANTAR DITINJAU DARI PASAL 34 AYAT 1 UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Anna Syahra; Mulati .
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Children is a gift from god that we need to keep, protect and take care of, as good as we can. It was the philosophy which created the idea of the Nation has responsibilities to take care of the waifs. Constitution of Indonesia has been adopted the idea then mandating our nation to take care the destitude and the waifs. The idea itself has been created in the form of regulation in Indonesia, therefore, Indonesia that represented by the government liable to protect and take care of the waifs. In the other hand, the waifs in Indonesia still shown the big number of quantity, it means, there is a problem in the system of handling the waifs that used by the government to fulfill the rights of the waifs. As a regulation mandates the government to fulfill the rights of the waifs and also protect and take care of the waifs, the government faced the obstacle. The obstacle has raised from many factor, such as regulation, the integration between institution related to the waifs, the funds, and the involvement of the public are not used by the government. The obstacle itself cause the government can not perform the obligation to fulfill and protect the rights of the waifs effectively and perfectly.

PENERAPAN PASAL 281 KUHP TENTANG TINDAK PIDANA ASUSILA YANG DILAKUKAN OLEH MILITER. (STUDI KASUS PUTUSAN PENGADILAN MILITER NOMOR 127-K/PM.II-09/AD/VIII/2017) Rifki Yuditya Saputra; Sugandi Ishak
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Decency crimes are interpreted as an act that violates courtesy, politeness, order, customs which can result in the creator being convicted. A Military who commits a crime other than being enforced by the Criminal Procedure Code also applies the KUHP because the KUHPM is a specialist lex from the KUHP. The moin prblem in this research is How is the application of Article 281 of the KUHP with the principle of Lex Specialis Generali Deregate about decency crimes committed by the Military ?, Can criminal penalties be applied to members of the military who commit decency crimes ?. Type of normative juridical law research. Basically the Criminal Procedure Code is a legal provision that regulates a military about which actions constitute a violation or crime or is a prohibition or necessity and is given a threat in the form of criminal sanctions against violators. The imposition of punishment for the military that commits a crime is the existence of an additional criminal which is military in nature. And in that case whether criminal offenses can be applied to members of the military who commit decency acts. The reasons for the existence of the KUHPM are lex specialis of the KUHP even though in the KUHP as stipulated in Article 52 concerning the weighting of criminal threats, the criminal threat stipulated in the KUHP is still felt to not fulfill a sense of justice for TNI members. Therefore, it needs to be regulated in the KUHPM specifically to regulate specific matters.

ANALISIS PENETAPAN PENGADILAN NEGERI SURAKARTA NO. 46/PDT.P/2016/PN.SKT TERKAIT PERKAWINAN BEDA AGAMA DITINJAU BERDASARKAN UNDANG-UNDANG NO. 1 TAHUN 1974 Alberta Felia Lokawijaya; Mulati Mulati
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

In the lives of individuals in this world who have distinctive genders (people), normally have an alluring fascination between each other to have the option to live respectively. The opportunity to pick an actual existence accomplice in Indonesia doesn't have any significant bearing completely in such a case that a marriage is finished by an accomplice of various religions will cause a ton of discussion among the individuals of Indonesia. Truth be told, numerous couples need to live respectively yet are blocked by their religion. In settling on interfaith marriage applications, there are the individuals who enable union with proceed; yet some are against. Assurance of various judges causes legitimate vulnerability, this causes uneasiness for the Civil Registry office in giving marriage testaments. With the endorsement of interfaith relationships by the judges additionally lead to deviations from what has been set up by law. things that ought to be considered by made a decision in choosing interfaith relationships are good and juridical perspectives. A marriage did absolutely causes legitimate outcomes. On the off chance that relationships are led by an accomplice of various religions will cause issues, this issue is identified with the relationship of a couple, youngster status, legacy, religion embraced by kids.

KEABSAHAN PERJANJIANiJUALiBELIsDENGANiHAKiMEMBELI KEMBALIiATAS TANAH DAN BANGUNAN (STUDIsKASUS: PUTUSAN NOMOR 672/PEN/PDT/2017/PT.DKI JO. 359/PDT.G/2016/PN.JKT.UTR.) Fernando Fernando; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5253

The agreement is something that often happens in the community. In the making of agreement, ittis necessaryytoyknowythatythereyare conditions for the agreement to be valid, theelegaletermseofetheeagreement are stipulated in articlee1320eof IndonesiansCivillCode, spesifically agreeing, capable, certain matters and legal causes. in thersale sanddpurchase agreementewithetheerighttto repurchase land, it gives the seller a power to repurchase the land that he sold, but this is not known in the Basic Agrarian Law No. 5/1960, where in the Agrarian Law is based on customary law which adheres to a system of Clear, Cash and Real. So that in this case it gives legal uncertainty, but because the Book III of Indonesia Civil Code adheres to an open system where it can be ascertained from the principle of freedom of contract then theesaleeandepurchaseeagreementewithethe right toerepurchases valid, but the purchase and repurchase rights will become null and void if viewed from the side of the Basic Agrarian Law, so that the sale and purchase agreement with the right to repurchase in Indonesian Civil Code with the Basic Agrarian Law must be clearly separated. So if there is a dispute in it, accordance with jurisprudences regarding the sale and purchase agreement with the right to repurchase, where the purchase agreement with the right to repurchase land is absolutely null and void and becomes a debt agreement with land guarantee.

EKSISTENSI TANAH BENGKOK SETELAH BERUBAHNYA PEMERINTAH DESA MENJADI PEMERINTAH KELURAHAN (STUDI KASUS DI WILAYAH KELURAHAN KELAPA DUA DAN KELURAHAN BENCONGAN, KECAMATAN KELAPA DUA, KABUPATEN TANGERANG) Syihabudin Sya’ban S.P.; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Land the village treasury as assets of village growing based on tradition or customs living in communities. The twisted now called the village or official known as land use village, the twisted is old term born and developed in the community Java or Bengkok Village, formally known as the rights of use. Status village fights of use to the local government assets when the status of his rule chage from village into kelurahan. When turned into autonomous region district be automatically village asset to be an local governments. When village status turned info village the assets rurn into local government owned by the village and released earlier. The twisted is a village asset used to substitute salary and given as payment for village officials. After the village government to kelurahan, and so the twisted could not be us as wages. This happened in urban village Kelapa Dua and urban village Bencongan.

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Contact Name Ahmad Redi

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Journal Mail Official era.hukum.mahasiswa@fh.untar.ac.id

Editorial Address Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477

Location Kota adm. jakarta barat, Dki jakarta INDONESIA

Abstract

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Contact Name
Ahmad Redi

Contact Email
ahmadr@fh.untar.ac.id

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-

Journal Mail Official
era.hukum.mahasiswa@fh.untar.ac.id

Editorial Address
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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Kota adm. jakarta barat,

Dki jakarta

INDONESIA