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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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STAGES OF LAND PROCUREMENT FOR PUBLIC INTEREST DEVELOPMENT (STUDY OF DECISION NO.227/PDT/G/2020/PN.MDN) Cindy Situmeang; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Land Procurement for the Implementation of Development in the Public Interest is one of the manifestations of the social function of land rights which has been mandated in Article 6 of the LoGA. appropriate compensation for the land rights without compromising the rights and sense of justice. This includes the interests of the government as well as justice for the rights of the people who are taken and also the public interest in using the facilities built by taking the land of the land owner with the power of his Land Rights. The research method used is a literature study that uses Court Decisions and primary & secondary sources of material as research support. The position of a person in a lawsuit complaint is also very important, in this case the judge's consideration is also needed in viewing a lawsuit, and also for the government, it must provide the right of compensation in kind. The results of this literature study research method state that land acquisition for development is in the public interest to uphold the basic principles of humanity and justice.
ANALISIS PUTUSAN BEBAS DALAM KASUS KEBAKARAN HUTAN OLEH PT KUMAI SENTOSA (STUDI KASUS PUTUSAN NOMOR 233/PID.B/LH/2020/PN.PBU) Reyhan Raesandi; Mella Ismelina Farma Rahayu
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The State has obligation to maintain and utilize natural resources wisely and responsibly, besides, The State is also responsible for guaranteeing the right to a prosperous life born and inner, to reside, and to obtain a good and healthy living environment for its people, as stated in the 1945 Constitution of the Republic of Indonesia. Today, we still encounter environmental conditions that continue to experience destruction in almost all regions in Indonesia. Ministry of Environment and Forestry says, forest and land fires are still the biggest problem in environmental problems. However, one of the courts in Indonesia with Decision Number 233/Pid.B/LH/2020/Pn.Pbu has decided to acquit PT Kumai Sentosa for allegedly burning forest and land in Central Kalimantan. What was the judge’s reasoning on the case? Is the judge's decision in the case appropriate for the fulfillment of environmental protection efforts? The author examines the problem by using normative legal research methods. The research show that there’s an injustice in the decision, especially in the context of environmental protection efforts because the judge tends to be biased in deciding this case, as can be seen from the existence of several things that are ignored for consideration by the Panel of Judges. It is better if the court, which has an important role in fulfilling the environment, must be more careful in deciding cases related to the environment, because in this case the acquittal of PT Kumai Sentosa could set a bad precedent for environmental protection efforts in Indonesia’s future.
TINJAUAN YURIDIS TERHADAP TANGGUNG JAWAB PERBUATAN MELAWAN HUKUM OLEH KARYAWAN PT. DAVI ETANIA ABADI (STUDI PUTUSAN PENGADILAN NEGERI JAKARTA BARAT NO. 598/PDT.G/2020/PN.JKT.BRT) Dave Chrysander; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

An unlawful act is not only one that goes against written rules but also one that goes against the legal obligations of the perpetrator as well as the subjective rights of others.This study's problem lies in the Civil Code's formulation of compensation for illegal acts and in the West Jakarta District Court's application of responsibility for illegal acts in Decision Number 598.Pdt.G/2020/PN.Jkt.Brt.By using statutory and case-based approaches to the literature review, normative legal research was used as the research method.The author's analysis of the findings of the research indicates that the Defendant committed an illegal act by stealing company funds.The plaintiff's condition was not restored to its original state, and the defendant's compensation was not nominally satisfied. When making their decision on Case Number, the Panel of Judges took these factors into account: 598/Pdt.G/2020/PNJkt.Brt.in this case, the Panel of Judges determined that the defendant had committed an illegal act by first stating the facts that can be obtained from the written evidence and witnesses submitted by the Plaintiff, which can be proven to be true that the plaintiff and the defendant have embezzled company money and resulted in a loss for the plaintiff.
Tinjauan Hak Eksklusif Atas Potret Yang Dipergunakan Secara Komersil Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Helena Damai Ratih; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Exclusive rights to commercial used portraits are a part of the copyright law that is regulated in Law Number 28 of 2014 on Copyright. According to Article 11 paragraph (1) of Law No. 28 of 2014, the creator or copyright owner is entitled to the exclusive right to announce or reproduce their creation, including the exclusive right to portraits used commercial. Exclusive rights to commercial used portraits are rights that give the creator or copyright owner the authority to regulate the use of the portrait by others. This is intended to prevent the use of portraits without the knowledge or consent of the creator or copyright owner. In addition, exclusive rights to commercial used portraits also give the creator or copyright owner the right to receive remuneration for the use of the portrait. The remuneration can be in the form of royalties or a sum of money that must be paid by the party using the portrait for commercial purposes. To prevent the use of portraits without the knowledge or consent of the creator or copyright owner, Law No. 28 of 2014 regulates violations of copyright. Article 31 paragraph (1) of Law No. 28 of 2014 states that anyone who intentionally or without rights announces or reproduces the work of others without the permission of the creator or copyright owner can be subject to criminal sanctions or fines.
Tuntutan Ganti Rugi Pemegang Saham Publik Akibat dari Manipulasi Pasar Ditinjau dari Hukum Pasar Modal (Studi Kasus PT Asuransi Jiwasraya (Persero)) Timmy Setiajaya; Richard C. Adam
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The Capital Market as one of the pillars of the national economy, has stakeholders from the wider community. This certainly affects the opening of potential law violations against the wider community. Market manipulation, as a form of capital market crime, is conceptually classified as actions carried out either directly or indirectly, which aim to provide false or misleading projections related to trading activities, market conditions, or stock prices on the Stock Exchange. This wide-open potential was proven in a concrete case, namely the PT Asuransi Jiwasraya (PT AJS) corruption case which caused losses to the state finances of IDR 16,400,000,000 (sixteen trillion four hundred million Rupiah), in which PT AJS deliberately committed manipulation of stock trading so that shares traded on the stock exchange increase significantly in a false and misleading projection. This stock trading manipulation is only a 'value on paper' whereas in reality, the company's performance and finances are getting worse. In the context of criminal liability, through Court Decision Number 34/Pid.Sus-TPK/2020/PN. Jkt. Pst., the Defendants have been legally and convincingly proven guilty of committing the crime of corruption. Even though the Defendants were criminally held accountable, in the context of losses to public shareholders, namely the general public who invested their wealth in PT AJS, they have not received compensation for losses due to these criminal acts. Therefore, this paper will discuss how to restore the rights of public shareholders in terms of claims for compensation against PT AJS based on national capital market law.
PENYELESAIAN KASUS SERTIFIKAT HAK ATAS TANAH CACAT HUKUM MENURUT HUKUM PERTANAHAN DI INDONESIA (Studi Kasus Putusan Nomor: 46/G/2019/PTUN-SRG) Agnelia Andini; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The plaintiff submits a measurement request to the defendant. However, at the location of the plaintiff's proposed land there have been four certificates of land rights issued by the defendant. The plaintiff filed a lawsuit against the four State Administrative Officer Decrees. Basically, the plaintiff and the previous land owner have never registered the land they own, so the land should not have been certified. The four certificates that were issued also had defects and were not based on the right basis of rights which according to Indonesian land law should not have been issued. This research is a type of descriptive normative research. Sources of data used are primary, secondary, and tertiary data. The results of this study indicate that the defendant was negligent and careless in carrying out the responsibilities as a public servant in issuing certificates of land rights, resulting in the issuance of certificates of land rights that were flawed. The Defendant is administratively and civilly responsible. The conclusion from this study is that the plaintiff was harmed by the defendant who was the party authorized to issue the certificate.
KEABSAHAN KONTRAK TANDA TANGAN ELEKTRONIK DALAM PERJANJIAN PENDANAAN P2P LENDING Catherine Carisa Khovin; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Peer-to-Peer Lending is now familiar to the public. Its ease of investing makes people not hesitate to try to invest with this service. In addition, the small risk of loss is also the reason many people try to invest through Peer-to-Peer Lending services. The increasing number of smartphone users makes people who are trying to invest in these services increase because the interest is also in Peer-to-Peer Lending Services more and more. The problem discussed in this study is how the legal force of electronic signatures in funding agreements (P2P Lending) in courts in the event of disputes in courts according to the Civil Procedure Law. The research was conducted using the literature study method with the statute approach method. Civil procedural law does not specifically regulate electronic evidence. Meanwhile, along with the development of technology, legal products are also updated or formed new ones. Although civil procedural law does not directly regulate electronic evidence, the expansion of such evidence is regulated in the Electronic Information and Transactions Law.
TANGGUNG JAWAB PELAKU USAHA SEBAGAI PENGANGKUT BARANG YANG OVER DIMENSION & OVERLOAD (ODOL) BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Nicholas Rachmanata; Amad Sudiro
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Over Dimension and Over Load (ODOL) carried out by business actors always steals the government's attention considering that this is not only dangerous for road users, but also causes financial losses to the state. The aspect of state losses as a result of ODOL is damage to roads, forcing more budget to be spent to repair these damaged roads. Business actors in carrying out business activities bear the burden of responsibility to be able to provide benefits in all aspects and cannot be separated from the safety aspect for other road users. The phenomenon of ODOL that is attached to society encourages the government to enforce the law on aspects of the responsibilities of business actors so that through this research a descriptive analysis of UULLAJ is carried out using normative juridical research methods supported by data from interviews with relevant stakeholders. ODOL carried out by business actors is an unlawful act, one of which is caused by economic factors (supply and profit) in the goods distribution process carried out between consumers and business actors, forcing business actors to continue to carry out ODOL even though they already know the legal consequences. The regulation of ODOL in society is still not burdensome for the perpetrators, such as the amount of fines imposed is still relatively small and far from providing a deterrent effect, thus creating a legal culture of indifference in society. The state needs to carry out more supervision and law enforcement against business actors who practice ODOL.
KESESUAIAN PUTUSAN HAKIM DILIHAT BERDASARKAN SYARAT PERJANJIAN Janice Vianney; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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As a rule of law, all behavior and behavior of society is regulated by law and law has the highest position in the state. The formation of these written regulations aims to regulate people's behavior in order to create order and legal certainty, where it is hoped that there will be no violation of the rights and obligations of everyone. The term regarding legal subjects comes from the Dutch language recht subject which is generally interpreted as supporting rights and obligations, namely humans and legal entities. In social activities, people (person) and legal entity (recht person) as legal subjects often intersect with agreements. It can be concluded that base on Article 1313 of the Civil Code, “An agreement is an act by which one person or more binds himself to one or more other people”. The purpose of the agreement is to meet the needs and gain profit. Based on the research results, it can be concluded that the purpose of an agreement is contained in the contents of the agreement itself. A new agreement can be said to be a valid agreement if it fulfills the requirements for the validity of the agreement set forth in Article 1320 of the Civil Code.
Perlindungan Konsumen Terhadap Transaksi Jual-Beli Voucher Game Online Menurut Undang-Undang nomor 8 Tahun 1999 Tentang Perlindungan Konsumen dan Undang-Undang Nomor 11 Tahun 2008 Tentang Transaksi Elektronik Jason Samuel; R.M. Gatot P. Soemartono
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Pandemic Covid-19 has made online game enthusiasts increase rapidly, so there is a great opportunity for businesses to buy and sell online game vouchers in Indonesia. Coupled with the government organizing official matches such as the E-Sports President's Cup which makes online game enthusiasts increase. The rapid development of technology has also made some parties take advantage of these technological advances for personal gain. In the process of buying and selling online game vouchers, there are several cases that are the subject of this scientific writing research. For this reason, it is necessary to study the violation of buying and selling online game vouchers that occurs from the perspective of the ITE Law and UUPK, as well as legal actions to regain the rights owned by consumers. The conclusion obtained is that consumers can make criminal complaints to the local resort police or consumers can make a report to BPSK or LPKSM. If you make a criminal complaint to the local resort police, it can be continued as a criminal offense, and if it is through BPSK or LPKSM, it can be resolved through arbitration or mediation.

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