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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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AKIBAT HUKUM PEMBATALAN PERJANJIAN BOT (BUILD OPERATE TRANSFER) YANG DIBATALKAN SECARA SEPIHAK OLEH PEMEGANG HAK ATAS TANAH (STUDI KASUS : PUTUSAN N0. 97/PK/PDT/2017) Vanny Aryanti; Siti Nurbaiti
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The investment activity has grown up rapidly in Indonesia. Indonesia needs to do some infrastructure developments. The goverments offers one of the investment to their people, in form of Build Operate Transfer Contract. Under a Build Operate Transfer Contract, an entity ussually a goverment grants a concenssion to a private company to finance, build, and operate a project. The private company usually operates the project for a time periode with the goal of recouping its investment, then transfers control of the project to the goverment. In Fact some contracts has been cancelled by one side, the landlord. One of them is the contract between PT Sarana Pembangunan Palembang Jaya and PT Tradeways International. The landlord accuses the investor to do his obligations without good intentions.This research method is normative. Impact form tort whose done by the landlord with using secondary data source and primary, secondary, and tertiary legal source. However, the cancellation of the contract by one side has not fulfilled all the elements that is containin Article 1266 Indonesian Civil Code. The consequences behind that is the landlord must pay the compensations.

PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP PERSAMAAN HAK BAGI KELOMPOK PENYANDANG DISABILITAS DALAM ANGKUTAN PENERBANGAN Willy Putra; Aji Wibowo
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Rights in human rights have a position or prime and first degree in community life Article 28I Paragraph 2 of the 1945 Constitution provides that everyone is free from discriminatory treatment. However, discriminatory treatment still occurs misses in the case of Dwi Aryani Vs Etihad Airways which is derived by the airline on the grounds that he is a person with disabilities who are in wheelchairs and no counselors. How the implementation of legal protection by airlines on equal rights for groups of persons with disabilities in aviation transport The author examines this issue using legal research methods for academic purposes. The research data shows that the airport does not yet have complete facilities for groups of persons with disabilities, the absence of technical regulations / implementers that further regulate the Law No. 8 of 2016, lack of socialization and education to the public, airport service providers, airlines, and field officers. This is why the protection of groups with disabilities is less effective. Governments should issue technical / implementing regulations related to the Disability Law, and conduct socialization and education to the public, airport facility providers, airlines and field workers.

KEDUDUKAN SITA PIDANA TERHADAP SITA UMUM KEPAILITAN Josua Fernando; Susanti Adi Nugroho
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

AbstractThe Court Ruling claim that a debt discharge a bankruptcy inflict a debtor will loose his right to dominate the wealth which include the bankruptcy property. The whole riches of a debt who’s discharge bankruptcy, automatically will be placed to the general confiscation. The general confiscation of the debt property has intend to protect the interest of the creditor of all the deeds of the debt which can disserve the property of a bankruptcy and stop the execution of the debt property with all the creditors to get the debt repayment. The general confiscation itself is a form of confiscation which known in civil law regime especially bankruptcy in legal perspective as a private law. Confiscation in a criminal case aim to prove criminal act. Article 38 of a Criminal Code Procedure regulate that the investigator can undertake the property of confiscation that placed in the general confiscation. However, Article 46 of a Bankruptcy and Suspension Of Obligation For payment Of Debt regulate that all confiscation become vanished when the property has confiscated in the general confiscation. When this two confiscation situated in the property, The confiscation in criminal case will precede the general confiscation. That matter is because of the confiscation in a criminal case is part of public law that aimed to protect our public interest.

AKIBAT HUKUM KRIMINALISASI PENGURUS SERIKAT PEKERJA ATAS TINDAK PIDANA PENCEMARAN NAMA BAIK TERHADAP KEDUDUKAN SERIKAT PEKERJA DI DALAM PERUSAHAAN (STUDI PUTUSAN PENGADILAN TINGGI DKI JAKARTA NOMOR: 95/PID/2018/PT.DKI) Jefahnia Octaviani; Andari Yurikosari
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

One of the legal subjects in the employment sector is labor unions. Labor unions are considered as organizations that able to help workers fight for their rights. When there is an industrial relations dispute between employers and workers, labor unions can represent their members in the process of resolutions that includes three steps, which are Bipartite, Tripartite, and Court of Industrial Relations. Based on the applicable laws, in order to carry out their main duties and functions, labor unions must be independent and democratic. Referring to DKI Jakarta High Court Judgement No. 95/Pid/2018/PT.DKI, two of labor union officials in PT Damira are prosecuted by third party outside of Bipartite for criminal acts of defamation, and the prosecution itself build upon their statements on Bipartite. This kind of prosecution can be categorized as a form of criminalization of labor union officials, thus raises issues of how legal protections for labor union officials who are prosecuted by third party and the impact of the criminalization of labor unions officials to the standing of labor unions. The author analyzes both issues comprehensively using the normative legal research method. According to the research, can be councluded that the legal protections of labor union officials is not carried out as stipulated in the applicable laws. Furthermore, criminalization of labor union officials has important impact which includes two things, namely the legal uncertainty of labor union officials regarding their status as workers and the standing of labor unions within the company after the criminalization.

KEWENANGAN MAHKAMAH AGUNG REPUBLIK INDONESIA DALAM PEMBUATAN PERATURAN TENTANG PERMOHONAN PERNYATAAN PAILIT MELALUI SURAT EDARAN (BELEIDSREGELS) DITINJAU DARI SUDUT ILMU PERUNDANG-UNDANGAN Samuel Tirta Handoyo; Cut Memi
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

One important element of the rule of law is that any government action must be based on law. The consequence is that laws must be made, implemented and enforced. Therefore, the state has the power to make laws to regulate all its activities. The Supreme Court as one of the highest judicial institutions in Indonesia has the status of all the courts and as the highest court for the four judicial institutions. The regulating and oversight functions are part of the functions of the Supreme Court, where the Supreme Court is authorized to issue further regulations in the form of Supreme Court Regulations and Supreme Court Circular Letters, where Supreme Court Regulations are regulating, whereas Supreme Court Circular Letters are as policy regulations. However, in practice the substance of the Supreme Court Circular is often not in accordance with its requirements, namely as a policy regulation. One of them is the Supreme Court Circular Letter Number 2 Year 2016 concerning Increasing Efficiency and Transparency in Handling Bankruptcy Cases and Delaying Obligations of Debt Payment in Courts. The writing of this thesis will discuss the authority of the Supreme Court in determining the substance of the Supreme Court Circular Number 2 of 2016 in terms of statutory knowledge. Judging from its nature, the research used is descriptive analysis using normative legal research.

KENDALA DALAM PELAKSANAAN PENEGAKAN HUKUM TERHADAP PRAKTIK PARANORMAL SEBAGAI TINDAK PIDANA Yusi Permatasi; Yuwono Prianto
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

In Society, Paranormal practices is considered as common things. Paranormal Practices is used for any good and also for crime, so to cope with the activities, government had regulated the act to control the crime by using paranormal background. The paranormal practices have been included as criminal acts. It has regulated in article 545 and article 546 of the criminal law act and set on as supernatural powers activity. As time passes, there are constraint in the alleviation law it’s law enforcement. This research was done with empirical or law sociological point of view, where Lawrence M. Friedman state that the elements of the legal system consist of Legal Structure, Legal Substance, and Legal Culture. The result of this research is the paranormal practices are differentiate by it used which is good or bad. The bad paranormal practices cause loss for society. This gave rise to uncertainty of law enforcement on the paranormal practices, therefore it need a deep research which is not only from the law enforcement point of view, but also the religious and cultural represented by figure.

ANALISIS TERHADAP SENGKETA TANAH TERKAIT PENERBITAN SERTIPIKAT HAK GUNA BANGUNAN NOMOR 2849 (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 496/K/TUN/2017) Evani Sugiharto; Hasni .
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Agrarian Law is overall legal provisions, both written and unwritten, which all of that have the same set of objectsthat is as legal institutions and as a concrete legal relationship, public and private aspect, which can be arranged and studied systematically. In agrarian section, in order to deal with concrete case, granting of legal security can’t be realized only with the availability of legal instruments. Land registration is required which will result certificate as a strong sign of land title. Lack of awareness in the importance of land registration activities and uncertainty over the grounds of the rights to the land owned.the problem in thiswritting ishow the implementation of Building Rights Title provition number 2849 according to the data from plaintiff and defendant over ground subject are already in accordance with legal provisions? The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed qualitatively. The result is Head of South Jakarta Land Officer who issued a Decree on Granting of Land Rights on December 5, 2013 number 991 not in accordance with the procedure in article 26 section 1 and article 28 section 1,3 Government Ordinance number 24/1997 because it has been issued 7 days prior to the end of the announcement period, so there are procedural defect in the Building Rights Title number 2849/Cilandak Barat.

PERBUATAN PIDANA TERHADAP PENGEDARAN KOSMETIKA YANG TIDAK MEMILIKI IZIN EDAR DAN TIDAK MEMILIKI KEAHLIAN DALAM PRAKTIK KEFARMASIAN MENURUT UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Andi Nugraha; Dian Adriawan Dg Tawang
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Recent criminal offenses for the circulation of cosmetics without permission are increasingly worrying. Cosmetic products are imported products that are not registered by BPOM, so that cosmetic products are illegal products. Like the criminal act of cosmetics circulation without permission contained in the decision 334 / Pid.Sus / 2015 / PN.Dps. The main problem in this thesis is how the criminal acts against the perpetrators of the crime of cosmetics circulation that do not have marketing authorization and do not have expertise in pharmaceutical practices according to Law No. 36 of 2009 concerning Health. This study uses a type of normative juridical research that is analytically descriptive, using secondary data obtained by library studies and then analyzed qualitatively and uses deductive logic as a way of drawing conclusions. The results showed that the actions of the perpetrators charged in this case were Article 197 in conjunction with Article 106 paragraph (1) of Law No. 36 of 2009 concerning Health, but the judges should have applied Article 198 in conjunction with Article 98 paragraph (2) and (3) considering the perpetrators were not as a person who has the expertise to produce and distribute cosmetics. then the proven element is the element of article 198, namely everyone who does not have the expertise and authority to practice pharmacy as referred to in article 108.

KEBIJAKAN HUKUM PIDANA PENGGUNAAN NARKOTIKA GOLONGAN 1 (SATU) JENIS “GANJA” UNTUK KESEHATAN Karen Abigael Pangkey; R. Rahaditya
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Health is a healthy condition, physically, mentally, spiritually, and socially that enables everyone to live productively socially and economically. In maintaining his health, in order to survive, it is not uncommon for a person to use narcotics as a treatment he must live. Like the incident in the 111 / Pid.Sus / 2017 / Pn.Sag case. Where Yeni was given Marijuana by her husband as a treatment, previously Yeni had tried various treatments in the medical and traditional fields. When there was a urine test in Fidelis's office, Fidelis asked the National Narcotics Agency about how to treat cannabis treatment, a few days after that, Fidelis was immediately arrested at his home and detained. While in prison, Yeni passed away. How is the application of the principle of justice in imposing crimes against Fidelis? Fidelis was sentenced to 8 (eight) months in prison and a fine of Rp1,000,000,000 (one billion rupiah) and was replaced with a prison of 1 (one) month if he could not pay the fine. In this study, the author uses normative legal methods and uses interview data as supporting data. The results of the study that the authors conclude that Fidelis should not be convicted because Fidelis is an act of force or in an emergency, here there is freedom of judges in deciding cases, and there is a difference between applicable law (das sollen) with existing practice (das sein).

ALTERNATIF MEDIASI PENAL DALAM SISTEM PERADILAN PIDANA DI INDONESIA Reyner .; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

In general, penal mediation can be said as a concept that brings together the victims and criminals to discuss their interests and willingness in order to resolve criminal cases that have occurred between them, and are assisted by a mediator who is neutral and help to resolve criminal cases by giving advice and mediating as mediators. The results of the research conducted by normative research and through several literature such as legal books, regulations, and guidelines, show that in fact, reason mediation has been carried out in the community and carried out by several law enforcement officials in the framework of the settlement process criminal. What is done in the midst of Indonesian society is only a peace process that shows customary law as its branch and many are applied within the police in the investigation process to carry out procedures for resolving criminal acts. The importance and need for penal mediation to be applied in formal law that is developing and prevailing in society can be a special rule that is regulated and is part of criminal procedural law for the sake of legal certainty. Penal mediation can be applied at the level of investigation by the police in the process of resolving criminal cases and creating equal welfare and justice in the wide society for sure

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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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Ahmad Redi

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ahmadr@fh.untar.ac.id

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era.hukum.mahasiswa@fh.untar.ac.id

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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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