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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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KEABSAHAN TINDAKAN MENURUNKAN STATUS PERKARA PENYIDIKAN OLEH POLDA BANGKA BELITUNG TERHADAP LAPORAN POLISI NOMOR: LP/3388/VII/2016/PMJ/DITRESKRIMSUS Rio Kurniawan; Ade Adhari
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Criminal procedural law regulates the proceedings with all existing authorities in accordance with written procedures, this is in accordance with lex scripta which means that everything carried out in the investigation and investigation process must be in accordance with the Regulation of the Head of the Indonesian National Police Number 6 of 2019 in article t. -10 regarding the process of investigating criminal acts. This raises in the discussion of this research case, which has a problem regarding how the validity of the act of reducing the status of the investigation case to an investigation by the Bangka Belitung Police against Police Report Number: LP 3388/VII/2016/PMJ/DITRESKRIMSUS? This study uses a deductive research method that relies on theories as a research tool in presenting the results of the analysis in the form of a qualitative descriptive objective assessment in order to answer the problems in the research. The results of the study indicate that the act of delegating is legally valid based on Presidential Regulation Number 52 of 2010 concerning Organizational Structure and State Work Procedures of the Republic of Indonesia accompanied by opinions and quotes collected from experts in criminal procedural law, it can be said that Polda Metro Jaya and Polda Bangka Belitung have equal authority and rights to carry out an investigation/investigation of a criminal case, so the views and decisions of each investigation must be carried out.
PEMBUKTIAN TERHADAP TINDAK PIDANA PENGHINAAN DALAM KONTEN YOUTUBE PADA PUTUSAN PENGADILAN JAKARTA SELATAN (STUDI KASUS PUTUSAN NOMOR 1327/PID.SUS/2019/PN JKT.SEL) Rizky Setiawan; Ade Adhari
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The use of Youtube social media is often misused or unwittingly the content uploaded contains criminal acts. As in the case of "salted fish" Decision Number 1327/Pid.Sus/2019/Pn Jkt.Sel which contains elements of humiliation. The problem arises, how is the application of evidence against criminal acts of humiliation through Youtube social media in the case of decision Number 1327/Pid.Sus/2019/Pn Jkt.Sel? The normative juridical research method uses deductive data analysis techniques. The application of evidence still refers to Article 184 of the Criminal Procedure Code. The evidence submitted was the testimony of witnesses including victim witnesses, information from ITE experts and criminal law experts, as well as statements from the defendants. For evidence, namely electronic devices and print outs. The indictment of Article 27 paragraph (1) the prosecutor could not prove a violation of decency so that the judge chose the primary alternative indictment Article 27 paragraph (3) was proven as a criminal offense and the perpetrators were qualified as "people who participated in the act" (medepleger). The government and the legislature need to revise the ITE Law because there are many articles that have multiple interpretations.
PENERAPAN JUSTICE COLLABORATOR PADA TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN PENGADILAN NEGERI JAKARTA UTARA NOMOR 770/Pid.Sus/2020/PN Jkt.Utr) Anggi Octavelia Putri N; Ade Adhari
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Basically Justice Collaborator is a term in the criminal justice process in Indonesia which is a convict who cooperates with law enforcement to uncover a certain crime. One of the rarities that can be used in implementing effectiveness to eradicate organized crime networks is to use assistance from perpetrators who are insiders, and are directly involved in crimes that have been committed together with other perpetrators, especially narcotics criminals. With the presence of the Justice Collaborator, it is very important to uncover a narcotics crime case in Indonesia. This research is normative research. The research specifications used are prescriptive. The result of this study is that there is no application of reducing the prison term to the defendant Farida als Ida bint Abdul Rojak who has the status of a Justice Collaborator which is a reduction in the detention period is one of the rights that the defendant should be able to obtain. It was concluded that the application of the Justice Collaborator setting to the North Jakarta District Court Decision Number 770/Pid.Sus/2020/PN Jkt.Utr in the decision the application of the Justice Collaborator was not in accordance with the Justice Collaborator setting that had been stipulated in the United Nations Convention Against Corruption (UNCAC). ) 2003 which has been ratified by Indonesia with Law no. 7 of 2006, Article 37 paragraph (2), SEMA No. 4 of 2011 point 9 letter c, because the defendant has been applied as a Justice Collaborator but there is no reduction in detention time.
PELAKSANAAN LELANG TANAH WARISAN OLEH KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG (CONTOH KASUS PENETAPAN PENGADILAN AGAMA JAKARTA PUSAT NOMOR 003/PDT.EKS/2018/PAJP JO PENETAPAN PENGADILAN AGAMA JAKARTA PUSAT NOMOR 003/PDT.EKS/2017/PAJP JO PUTUSAN PENGADI Degio Verell Seppkio; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Auction is a way to make a sale by gathering several auction enthusiasts for the object being auctioned, then selling it by means of the interested person bidding in writing or verbally. Minister of Finance Regulation No. 27/PMK.06/2016 becomes the basis for conducting auctions in Indonesia. The implementation of the auction in the Decision of the Religious Court Number 003/Pdt.Eks/2018/PAJP in conjunction with the Decision of the Religious Court Number 003/Pdt.Eks/2017/PAJP in conjunction with the Decision of the Religious Court Number 015/Pdt.G/2014/PAJP becomes a question of how the house is possible which is still occupied can be auctioned without being known while the house is still occupied. In addition, the auction used is an execution auction, namely an auction that is carried out based on an existing decision and should be confiscated against the object that is the basis for the execution auction, and is controlled by the Religious Court in this case, but the object of the auction is still occupied by the heirs. In this study the author will further analyze the existing problems using normative research methods by examining secondary legal materials, documentation studies, and the analytical method used deductively by examining the existing problems by first looking for the major premise and the minor premise.
PROSES BALIK NAMA SERTIPIKAT DALAM JUAL BELI TANAH MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (STUDI KASUS PUTUSAN PENGADILAN NEGERI BULUKUMBA NOMOR 26/Pdt.G/2019/PN Blk) David Oberlin Nugraha Saragih; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Owning land, whether it's for residence or for business is a basic need. The validity as a land owner is proven by a certificate of ownership in the name of the owner. Land ownership can come from inheritance or purchase transactions. Purchase transactions should be carried out before a Notary/Land Deed Official in order to obtain a Sale and Purchase Deed. On the basis of the deed, the buyer can transfer the name of the land to the local Land Office in accordance with Government Regulation Number 24 of 1997 Article 37 which requires land registration. In purchase transactions, people often only go through private transactions so that the Sale and Purchase Deed is not obtained. This becomes a problem if the location of the seller or his heirs are not known so that the buyer cannot change the name of the certificate of ownership. To overcome this problem, there is a way that can be made, to file a lawsuit at the local District Court by attaching strong evidence and two witnesses. In the Bulukumba District Court Decision Number 26/Pdt.G/2019/PN Blk., the Panel of Judges granted the lawsuit with legal considerations, by examining all valid evidence, two witnesses who really knew the purchase transaction, conducting a local examination, and based on the laws and regulations. Based on the Court's Decision which grants the claim, the plaintiff can transfer the name of the certificate of ownership. This research uses normative and descriptive research.
ANALISIS YURIDIS TERHADAP UNSUR-UNSUR NOODWEER DALAM PUTUSAN PENGADILAN NEGERI BANDUNG NOMOR 162/PID.B/2021/PN.BDG Meidiana Novriyanti; Mia Hadiati
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Polygamy is a form of marriage that is often problematic in society because it invites controversial views, this is because polygamy sometimes does not promise justice and prosperity for the life of the wife and children, especially if polygamy is allowed for reasons not stipulated in Islamic law or Marriage Law. This study discusses how the Bojonegoro Religious Court judges granted a polygamy permit application that was not in accordance with the provisions of the Marriage Law and KHI in the Court Verdict Number 342/PDT.G/2019/PA.BJN. The writer uses normative research using qualitative methods and the material was obtained from the literature study. The results of this study indicate that the granting of polygamy permits is based on alternative and cumulative requirements in Articles 4 and 5 of the Marriage Law. In addition, polygamy permits are also based on fairness to their wives. However, the reasons put forward in case Number: 342/PDT.G/2019/PA.BJN are not regulated in Article 4 Paragraph (2) of the Marriage Law of Jo. Article 57 of the KHI and can cause injustice to his wife and children in the future because there is no emergency situation found in the applicant's condition to be allowed to have polygamy.
Kebijakan Preventif Terhadap Tindak Pidana Korupsi Melalui Pendekatan Non-Penal Bryant Montana; Hery Firmansyah
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
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Handling corruption in the Republic of Indonesia is more appropriate to use non-penal policies or those that are more concerned or inclined to efforts to prevent corruption which are directed at reducing opportunities to commit criminal acts of corruption, such as the report on the assets of state administrators, hereinafter referred to as LHKPN by every state institution, either executive, legislature and judiciary both at the central and regional levels so that state administrators get supervision in terms of assets so that this can reduce the potential for committing criminal acts of corruption. So far it has not been effective, besides that non-penal facilities can also reduce the number of corruption in Indonesia, therefore one form of prevention that can be intensified by the KPK is socialization about the dangers of corruption or by using n monitor all forms of cooperation carried out by every state institution, by attending every signing of cooperation agreements so that all budgets or funds launched can be accounted for properly, because if anti-corruption socialization continues to be intensified, it is not impossible to clean up the republic. Indonesia is from a corruption case which is dominated by state administrators, who should provide a good example of living the life of a nation and state to the community.
TINJAUAN TERHADAP PENYELESAIAN SENGKETA INTERNASIONAL PADA PENETAPAN BATAS KAWASAN ANTAR NEGARA (STUDI KASUS SENGKETA WILAYAH AMBALAT ANTARA NEGARA INDONESIA DENGAN NEGARA MALAYSIA) Melfa Yuliana Andi Padelang; Ida Kurnia
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The decision of the International Court of Justice in the cases of Sipadan and Ligitan Islands is to hand over the sovereignty of these to Malaysia. However, this decision only states the status of the island, not the status of the waters. Such a decision has created a new dispute, namely the dispute over maritime boundaries. The continental shelf boundary dispute occurred in 2005 due to Indonesia and Malaysia granting overlapping concessions to Unocal and Shell to explore the Ambalat Block. The problems formulated are how the provisions in UNCLOS 1982 to resolve maritime territorial disputes Indonesia and Malaysia in the Ambalat Block and the Sulawesi Sea after the decision of the International Court of Justice on the sovereignty of Sipadan Island and Ligitan. This study uses normative legal research whose approach is based on library materials or secondary data. The results showed that; First, the process of resolving territorial disputes (delimitation) in the Exclusive Economic Zone and the Continental Shelf through negotiation (Articles 74 and 83 of UNCLOS 1982). Second, the settlement of boundary disputes between the Exclusive Economic Zone and the Continental Shelf between Indonesia and Malaysia after the decision of the International Court of Justice on the sovereignty of Sipadan and Ligitan Islands needs to be followed up by the two countries, from the results of the study it appears that no agreement has been reached on this matter. However, both countries can submit disputes through mediation and or other dispute resolution facilities known in international law.
DAMPAK HUKUM AKIBAT KETERLAMBATAN PENYAMPAIAN KETERBUKAAN INFORMASI OLEH EMITEN (Studi Kasus: PLAS – PT Polaris Investama Tbk) Gabriella Kurniawan; Richard Chandra Adam
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
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In the realm of capital markets where the issuer as a party offering its shares and the public being part of the shareholders , the public has the right to know how the issuer carries out operations ranging from information that is assembled with the issuer's business to management and financial statements on an issuer. The information provided to the public by an issuer greatly affects the selling power of the shares offered by the issuer so that it becomes a consideration for shareholders and potential investors who will invest in shares in the issuer, so that if the disclosure of issuer information as stipulated in Regulation I-E - Decree of the Board of Directors of the Indonesia Stock Exchange Number KEP-00066/BEI/09-2022 of 2022 Regarding Changes to Regulation Number I-E concerning the Obligation to Submit Information not being available to the public can be detrimental to shareholders and even bring legal consequences for the issuer itself as experienced by the Issuer PT Polaris Investama Tbk (PLAS) who trades shares on the Indonesia Stock Exchange Development Board. This research uses normative juridical research method with descriptive analytical research. The approach applied by the author is statute approach, conceptual approach, and case approach.
Position of Joint Assets in Marriages that Lead to Divorce (Decision Study No.419/Pdt.G/2021/Pn.Tng) Andrew Giovanni Tanjaya; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
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Marriage is a sacred and noble relationship intended for humans in terms of development to continue offspring and spend life with someone we love. Marriage in Indonesia is regulated in Law Number 1 of 1974 concerning Marriage and also the Civil Code. In marriage, assets that have been owned so far will indirectly become joint property since the marriage took place as long as there is no agreement regarding the separation of assets. This study uses a normative juridical method, namely legal research conducted by examining literature or secondary data as the basis for research. The data collection technique is by conducting a literature study of the Law and Decision No.419/Pdt.G/2021/Pn. Tng to find out how the position of joint assets collected during marriage becomes joint property like this when a divorce is in progress. the parties who control the joint property must voluntarily surrender the joint property based on the decision of the marriage agreement made or in accordance with the applicable decision, which can also be done by confiscating the marriage property by the bailiff.

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