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Ahmad Redi
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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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KEDUDUKAN KREDITUR KONKUREN YANG MEMBATALKAN PERJANJIAN PERDAMAIAN MENURUT UNDANG - UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (STUDI PUTUSAN NOMOR: 02/PDT.SUS-PEMBATALAN PERDAMAIAN/2020/PN.NIAGA.JKT.PST jo. PUTUSAN MAHKAMAH AGUNG NOMOR: 963 Vincent Stanly; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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In Indonesia, Bankruptcy processes became very popular since the Monetary Crisis 1998 when the Rupiah exchange rate against USD decreased at that time. As a result, many debtors fail to pay creditor debts. In connection with that, the government issued a regulation regarding Bankruptcy and now it has been regulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt (PKPU). The Peace Agreement process in PKPU is a form of peace between the Debtor and the Creditor. The Peace Agreement that has been legalized (homologation) by the Court will be valid and legally binding. In the case of PT Harmas Jalesveva, the Developer has been late in carrying out its obligations in accordance with the agreed time limit in the Homologation agreement so that the Applicant in this case who is registered as Concurrent Creditor submits a cancellation of the Homologation agreement. With this case, the author will discuss the Position and Legal Consequences of Concurrent Creditors who cancel the Homologation agreement. The type of research used is normative juridical research. Collecting data in this research is through descriptive qualitative.
Perlindungan Pengguna Jasa Penitipan Hewan Peliharaan Terhadap Kelalaian Pelaku Usaha Menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Gabriele Amelia Christie; Jeane Neltje Saly
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Consumers get the protection which is regulated in Law Number 8 of 1999 concerning Consumer Protection. Article 7 letter A contains that business actors are obliged to have good faith will in carrying out their business activities related to the objective of establishing consumer protection, namely creating a quality business world. In fact, the goal of consumer protection has not been achieved optimally, because it can be seen that the high number of cases related to consumer protection as resulted in an imbalance between business actors and consumers. An imbalance occurred in the case of a dog named Maxi of the English Bulldog race who was injured and had to be operated on due to negligence caused by the business actor as animal care for consumers as users of animal care services. This case relates to consumer protection which caused the consumer to suffer losses and agreement that was violated by business actors causing negligence. The application of consumer protection that is not in line with Law Number 8 of 1999 concerning Consumer Protection creates problems. This research is normative legal research. The results of the research show that there are consumer rights that have been harmed and have not yet been fulfilled based on Law Number 8 of 1999 concerning Consumer Protection and that regulations are needed to support the protection of animal care.
KEPASTIAN DASAR HUKUM PEMIDANAAN PELAKU PENIMBUN OBAT COVID-19 DI INDONESIA Deren Adi Chandra; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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The Covid-19 virus spread so widely that it was declared a pandemic in Indonesia, thus increasing the need for Covid-19 drugs when the Covid-19 drug was scarce on the market, it became difficult for people who needed the Covid-19 drug to cause drug prices to soar . This is used as an opportunity to buy drugs and make drug prices soar. The research method used is normative juridical research. The results of this study are that the Indonesian government has made efforts to create legal certainty for unscrupulous business actors who are not responsible because they have hoarded Covid-19 drugs which can already be classified as important items during a pandemic emergency, namely with the sanctions contained in the Trade Law, specifically in Article 107 juncto Article 29 paragraph (1). In an effort to overcome the hoarding of Covid-19 drugs, in addition to establishing laws and regulations related to the crime of hoarding, the Government of Indonesia has also issued a policy regarding the implementation of HET for several drugs intended for Covid-19 sufferers. In addition, the government is also cooperating with law enforcement officials in taking action against drug hoarders.
PERKAWINAN BEDA AGAMA DILIHAT DARI HUKUM POSITIF INDONESIA DAN ASAS ASAS HUKUM PERDATA INTERNASIONAL Emerentia Nathawira; Mia Hadiati
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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The legality of interfaith marriages, particularly between Indonesian citizens and foreigners, is the focus of this investigation. With the assistance of statutes and regulations, this study adopts a normative legal approach. In simple terms, Indonesian marriage must adhere to Article 2 jo. UU No. 56, as amended by Section 1 of 1974, which governs marriage. The analysis reveals that interfaith marriages are in violation of international private law and Indonesian positive law, so they cannot be annulled. There are a lot of steps that need to be taken, whether in Indonesia or elsewhere, to end a marriage. In this way the local area should know how dangerous interfaith marriage is, despite the fact that it has a high gamble, the local area just ganders at it with one eye. whether or not the marriage is valid. It is possible that the number of interfaith marriages will be lower than the percentage scale for this year because of the government's important role in early counseling on the dangers of interfaith marriage. One way for people to learn how to choose a partner correctly and marry in accordance with religious law is through counseling.
KAJIAN TERHADAP PELAKSANAAN SELF DECLARE SERTIFIKASI HALAL PADA PRODUK PANGAN BAGI KONSUMEN BERDASARKAN HUKUM POSITIF DI INDONESIA Zahranissa Putri Faizal; Jeane Neltje Saly
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

“This study aims to find out (1) how the implementation self declare halal certification for food products for consumers based on positive law in Indonesia, and (2) what are the obstacles to implementation self declare halal certification. This research is descriptive with qualitative analysis techniques using data collection methods in the form of literature studies (library research). Since the enactment of the Job Creation Law, several provisions from the previous laws and regulations have been amended, added, and deleted. One of them is changing and adding several provisions in Law Number 33 of 2014 concerning Guarantees for Halal Products. In the Job Creation Law added an article in Law Number 33 of 2014 concerning Guarantees for Halal Products regarding the concept self declare halal certification for Micro and Small Enterprises (UMK) actors as stated in Article 48 point 1 of the Job Creation Law. Basically self-declaring halal certification aims to provide convenience for Micro, Small and Medium Enterprises (UMK) actors in terms of business establishment permits, one of which is to provide convenience in obtaining halal certification. However, based on the research results, it is known that there are still obstacles in implementing self-declare halal certification which causes legal uncertainty for consumers. The solution to overcoming existing obstacles is to optimize product supervision and conduct outreach evenly to all Micro and Small business actors.
RIGHTS OF FIXED-TERM EMPLOYMENT CONTRACT WORKERS IN A DISMISSAL (STUDY OF SUPREME COURT DECISION NUMBER 175 K/PDT.SUS-PHI/2020) Vanessa Wijaya; Gunardi Lie
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Indonesia is listed as one of the most densely populated countries in the world. Hard competition in the world of work, low education levels and high population growth rates supported by minimal employment opportunities which are not followed by very rapid population growth rates are the background of the gap between human resources that meet company qualifications and job seekers. Trying their luck as a laborer/worker in the PKWT system is a step often taken by job seekers so as not to be unemployed and to make ends meet. As was the case with 2 (two) marketing workers at PT Sinarmas Multifinance Yogyakarta Branch, who worked with PKWT status. Declared that they did not reach their target, both of them had to swallow the bitter pill that they were 'kicked' from the company without getting the rights that both of them should have. However, as far as the research conducted by the author, the author found several irregularities that escaped the attention and consideration of the Panel of Judges. In this study, the authors will re-analyze the Yogyakarta District Court Decision No. 35/Pdt.Sus-PHI/2019/PN.Yyk. as a decision at the first level, Supreme Court Decision No. 175 K/Pdt.Sus-PHI/2020 as a decision at the cassation level, by applying the relevant laws and regulations as well as decisions from several similar cases.
INSPANNING VERBINTENIS DALAM TINDAKAN MEDIS YANG DIKATEGORIKAN SEBAGAI TINDAKAN MALPRAKTEK Fayuthika Alifia Kirana Sumeru; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Article 28 of the 1945 Constitution states that one of the rights that every human being must have is health. So that in its implementation it provides efforts in the form of health to the community through the provision of appropriate health services. However, medical actions performed by doctors can lead to 2 categories, namely: Inspanning Verbintenis (seek results) and Resultaat Verbintenis (promising results). Inspanning Verbintenis is an agreement or agreement to make maximum efforts in carrying out what has been agreed, while Resultaat Verbintenis is an agreement that will provide concrete results, namely in accordance with what has been agreed. It should be understood that before taking medical action, the patient has the right to know information about the medical action to be carried out which in this case has been regulated in the Regulation of the Minister of Health. It is known that the general public only knows the results, but the actions taken by doctors do not rule out the possibility of producing results that may not be in accordance with the patient's wishes. As well as medical actions that have been appropriate, but in fact cause reactions that may be referred to as malpractice actions due to the results of the reaction to the medical action given.
PERLINDUNGAN HUKUM TERHADAP JURNALIS DALAM MENULISKAN BERITA KEPADA MASYARAKAT SEBAGAI WUJUD KEBEBASAN BERPENDAPAT DAN KONTROL SOSIAL DITINJAU DARI UU PERS DAN UU ITE (Studi Kasus: 46/Pid.Sus/2021/PN.Plp.) Vina Octavia; Ariawan Gunadi
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Freedom of the press is one manifestation of the mandate of Article 28F of the 1945 Constitution of the Republic of Indonesia which reflects the freedom to use various media in terms of seeking, obtaining, possessing, storing, processing and conveying information. In carrying out its functions, rights, obligations and roles, the press respects human rights, and must be professional and controlled by the community. Today, there is a phenomenon of press criminalization caused by journalistic products reported by parties who feel aggrieved. The research method used is normative juridical research. The results of this study are that legal protection for the press as a social institution and vehicle for mass communication that has freedom of expression and independence has been explicitly and surely accommodated in Article 8 of the Press Law. However, often this legal protection does not work as it should in social life. Journalistic products produced by the press and press companies should not be criminalized or brought into the realm of crime. Therefore, it is necessary to re-enforce the mechanism regarding settlements related to the press and adjustments to the Press Law and ITE Law must be made.
Pelaksanaan Hukum Terkait Pembajakan Hak Cipta Film Di Masa Pandemi Melalui Media Internet Menurut UU No. 28 Tentang Hak Cipta Matthew Husada; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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The film is part of the copyright when the film is published, it will appear with exclusive rights, which consist of moral rights and economic rights. These two things cannot be separated from copyright. Because both rights are a gift for the hard work of the creator. However, even though there is a copyright in a film that has been protected by the state, piracy still exists even though it has been banned. Even though it has decreased, during the Covid-19 pandemic, piracy has increased. This is due to the emergence of official streaming services that offer benefits and low prices. With more and more choices, it makes film piracy increases. many advantages offered and also the price. this becomes a boomerang because it is increasingly mushrooming. It seems impossible for someone with no purchasing power to rent all the streaming platforms. Therefore, many people prefer to pirate than have to pay more. Sanctions for piracy itself vary from criminal sanctions and fines to even closing websites that have been proven to violate copyright. The public's lack of knowledge about intellectual property and people's habits has been the reason for the rampant piracy of films during the pandemic. This study uses a statutory approach. then use primary and secondary legal materials
PERLINDUNGAN KONSUMEN TERHADAP PERDAGANGAN BAHAN BAKAR MINYAK (BBM) PERTAMINI ILEGAL DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Erinayustina Erinayustina; Jeane Neljte Sally
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Natural wealth in the form of fuel must be managed properly, Law 22 of 2001 is here to manage it. Fuel management in downstream business licenses, including commercial activities. Prtamini does business illegally because it does not have permit, in addition to legality issues, negative impacts also arise, especially for consumers who use Pertamini’s fuel oil. The need consumer protection for Pertaminni business actors. The research method used is normative juridical research with analytical descriptive specifications, the data collected is secondary data and data analysis tecnique use descriptive qualitative techniques. BBM management must go through a legal mechanism to ensure legal certainty. In the Pertamini case, there was legal uncertainty, which means it violated the basic conception of a rule of law that guarantees legal certainty, because Pertamini does not have legality in accordance with the mandate of the Oil and Gas Law. Apart from not implementing legal certainty, the state’s omission of Pertamini actually causes harm to consumers, due to the lack of supervision over Pertamini which makes them mix or mix BBM at will which cause damage to vehicle engines and also unreasonable price games. Pretamini’s presence turned out to be the impact of the uneven distribution of fuel in remote areas which made business actors run the business considering it could bring profits. Therefore the Government needs to pay attention to this matter by cooperating with agencies.

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