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Adagium: Jurnal Ilmiah Hukum
Published by PT. Meja Ilmiah Publikasi
ISSN : -     EISSN : 29855128     DOI : https://doi.org/10.70308/adagium.v2i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Adagium: Jurnal Ilmiah Hukum adalah jurnal ilmiah berkala yang diterbitkan oleh PT Meja Ilmiah Publikasi (Jurnal ini secara khusus mengkaji ilmu hukum serta mampu menyajikan berbagai hasil penelitian ilmiah terkini dan terkemuka. Administrator jurnal menerima artikel yang dapat memberikan kontribusi untuk pengembangan hukum dan lingkungan hidup dari para ilmuwan, akademis, dan para penulis dan peneliti profesional. Jurnal ini berisi hasil-hasil penelitian, resume tokoh-tokoh terkenal ataupun ulasan yang bersifat inovatif dan solutif di bidang hukum. Artikel jurnal ini diterbitkan dua kali setahun yaitu Januari dan Juli.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 48 Documents
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Kekerasan Seksual Terhadap Anak Penyandang Disabilitas Br. Tarigan, Tesa Lonika; Rosmalinda
Adagium: Jurnal Ilmiah Hukum Vol 3 No 1 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i1.55

Abstract

This paper discusses how regulations and laws can protect children with disabilities from harm, particularly from those who may cause them harm. The main focus is on Law Number 1 of 2023 concerning the Criminal Code (KUHP), specifically Article 473, which addresses criminal penalties for sexual violence against children and individuals with disabilities. This research uses a normative legal approach, analyzing secondary data sources, including primary, secondary, and tertiary legal materials, such as books, academic journals, and credible online sources. The methodology employed is literature study and qualitative analysis to provide a comprehensive understanding of legal protections for children and individuals with disabilities. Article 473 stipulates that perpetrators of sexual violence against children and individuals with disabilities will face imprisonment of at least three years and up to fifteen years, along with fines from Class IV to VII. Law enforcement must take firm action to enforce these legal protections, ensuring the physical and psychological safety of these vulnerable individuals from any threats.
Fenomena Maraknya Judi Online di Kalangan Masyarakat Siregar, Dian Yustikartika Basri; Rosmalinda
Adagium: Jurnal Ilmiah Hukum Vol 3 No 1 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i1.57

Abstract

In our fast-paced and ever-evolving society, the accessibility of rights has reached unprecedented levels. Technological advances have changed the way individuals engage in various activities, facilitating access to a variety of beneficial and detrimental activities. Among the important impacts of these technological advances is the ease with which individuals can participate in unlawful activities, especially the shift from traditional gambling to online platforms. The practice of online gambling in our society does not have a strong legal basis, because it directly violates the Indonesian legal framework which strictly prohibits this activity. According to Article 27 paragraph (2) of the Information and Electronic Transactions Law (UU ITE), any person who intentionally and unlawfully disseminates, sends or provides information or electronic documents containing gambling content, is an unlawful act. Societal order is essentially closely intertwined with law, which functions as a crucial social control mechanism. This research aims to examine the sociology of law as a means of social regulation and to investigate the effectiveness of current law enforcement measures.
Analisis Kepatuhan Persyaratan Izin Mendirikan Bangunan: Studi Kasus Apartemen Royal Kedhaton Yogyakarta Berdasarkan Peraturan Daerah Kota Yogyakarta Nomor 2 Tahun 2012 Ishaq Chairansyah, Muhammad; Indana Zulfa, Naila; Naiahadi Titania, Sabriana; Ramadhanal Ayani, M. Tegar; Fadly Rahmatullah, Chelsea
Adagium: Jurnal Ilmiah Hukum Vol 3 No 1 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i1.59

Abstract

The Royal Kedhaton Apartment does not meet the requirements for obtaining an IMB and the requirements for a building to be built in a cultural heritage area as regulated in the Yogyakarta regional regulation. The aim of this research is to analyze the actual requirements for obtaining an IMB and the requirements for constructing a building in a cultural heritage area. This research method is to use a normative juridical method, namely a method that focuses on the analysis of legal norms contained in statutory regulations, legal principles, legal theories related to this research. The results of this research are: 1. Obtain the correct procedures for obtaining a building construction permit in Yogyakarta. 2. Royal Apartments does not meet the requirements for constructing buildings in cultural heritage areas which are also regulated in the Yogyakarta Regional Regulation.
Alur Penegakan Hukum dalam Kasus Pidana Berdasarkan Tugas serta Fungsi dari Hakim dan Jaksa di Indonesia Fa’iq Walid Abidin, Rijal; Iqbal Fadhlurrahman, Maulana
Adagium: Jurnal Ilmiah Hukum Vol 3 No 1 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i1.61

Abstract

Law enforcement in Indonesia is a topic that is always interesting to discuss. This is because law enforcement in Indonesia is a complex process and involves various parties with tasks and functions that are interrelated with each other. In practice, the flow of law enforcement in Indonesia does not always run according to what it should be. This is because there is a mismatch between expectations and the reality of how the applicable legal system works, causing the binding force of the law and its transparency in law enforcement in Indonesia. This research uses a qualitative approach and descriptive-analytical method, which is normative type with data collection techniques in the form of literature studies and case studies of legal literature. It highlights the crucial role played by judges and prosecutors in ensuring justice and the sustainability of the legal process in Indonesia. The final result of the research on the flow of law enforcement in criminal cases begins with investigations conducted by police officers, which are then followed by the role of prosecutors in prosecution. The synergy between prosecutors and judges in the criminal justice process is crucial to creating an effective and fair legal system and requires close and professional cooperation between these two institutions to maintain the integrity of the justice system, protect individual rights, and create social justice in society.
Ketidaksetujuan terhadap Dispensasi Perkawinan di Bawah Umur ditinjau dari Aspek Hukum dan Moral Greace Br Sembiring, Ivana; Arthur Jonathan, Yeremia; Hafizhah, Annisa
Adagium: Jurnal Ilmiah Hukum Vol 3 No 1 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i1.62

Abstract

Marriage law has undergone changes, especially in regulating the minimum age. Before the changes, the law set the minimum marriage age for men at 19 years and the marriage age for women at 16 years. In the amendment of Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage, the minimum age for marriage for both men and women is 19 years. In the process, although the minimum age for marriage has increased, currently there are still many marriages of underage children, both legally and not. This is because the marriage dispensation granted by the court is still in force with several strong reasons and evidence submitted by the applicant to the judge so that it can convince the judge to grant a decree. The type of research used is normative with normative juridical research methods. The approach used in this research is a statutory approach (Statute Approach) using secondary data which becomes primary legal material. The results of the research will show the results of the analysis of legal and moral aspects related to disapproval of the underage marriage dispensation and its role in reducing the number of legally illegal early marriages.
Problematika Pembuktian Dalam Sengketa Medis (Analisis Putusan PN Cikarang NO. 120/Pdt.G.2019/PN Ckr) Sudarmanto, Sudarmanto; Arsanti, Meilan
Adagium: Jurnal Ilmiah Hukum Vol 3 No 1 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i1.64

Abstract

Medical disputes are one of the most complex legal issues, particularly in the process of proving negligence, which must be carried out by the patient or plaintiff. This article examines the challenges of proving medical disputes in Indonesia, with a case study of the Cikarang District Court Decision No. 120/Pdt.G/2019/PN Ckr. In this case, the plaintiff faced difficulties in proving medical negligence, mainly because the complications experienced were considered medical risks that had been previously explained. This analysis highlights the challenges in distinguishing natural complications from actual medical negligence, as well as ethical issues related to the culture of peer protection among medical professionals that affect the objectivity of expert opinions. Additionally, the lack of adequate standards of proof and the role of independent institutions, such as MKDKI, complicate efforts to prove medical disputes. Therefore, it is necessary to strengthen standards of proof in medical disputes, enhance the role of independent expert witnesses, and ensure transparency in informed consent procedures to improve patient protection and legal justice.
Batasan Tanggung Jawab Hukum Notaris dalam Pembuatan Akta Berdasarkan Peraturan Perundang-Undangan Bintang, Amar; Fachrul Aljamili, Muhammad; Griptoni, Gio; Lasmini, Lasmini; Mustia Ningsih, Wida
Adagium: Jurnal Ilmiah Hukum Vol 3 No 1 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i1.65

Abstract

The study was intended to analyze the limitations of notary legal responsibilities in deed creation based on regulatory regulations in Indonesia. The notary has the authority to make an authentic deed that has high proof power before the law, but its legal responsibilities are set within clear boundaries. Such restrictions include the obligation to observe the regulations of legislation, to ensure the legitimacy of information on the part of the party, to keep confidentiality, and to refuse papers that violate social or legal norms. Additionally, the role of the notary is also very important in ensuring that deeds made meet the legal requirements, do not harm either side, and are done with due diligence and transparency. The study used a regulatory approach with a normative-analysis method to explore the regulations governing the notary professions and the legal responsibilities attached to them.
Pengelolaan Kehutanan Berbasis Masyarakat Hukum Adat dalam Kerangka Konstitusi Hijau di Indonesia Chandra, Febrian
Adagium: Jurnal Ilmiah Hukum Vol 3 No 1 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i1.67

Abstract

Forestry management in Indonesia has an important role in supporting the balance of ecosystems and community welfare. In recent decades, the issue of forest degradation and deforestation has become a serious concern, both at the national and international levels. The concept of the Green Constitution comes as an approach that emphasizes environmental protection within a strong legal framework. This research aims to ensure that natural resource management policies, including forestry, are carried out with the principles of sustainability and environmental responsibility. The research method used is a normative legal research method with a conceptual approach, the results of this study found that the green constitution can be applied in forestry management in Indonesia, as well as the challenges and opportunities faced in its implementation. This study examines various relevant legal and policy aspects, including the protection of indigenous peoples' rights, public participation mechanisms, and the responsibilities of the state and other stakeholders in preserving forests. Thus, it is hoped that forestry management in Indonesia can be more sustainable and fair, in line with the principles of the Green Constitution.
Perlindungan Hukum Terhadap Korban Kekerasan Seksual Sesama Jenis Dihubungkan dengan Tujuan Pendidikan Pesantren Akbar Ramdani, Ilham; Farrih Izadi, Fariz
Adagium: Jurnal Ilmiah Hukum Vol 3 No 2 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i2.106

Abstract

This research aims to determine and analyze the legal responsibility of Pesantren that ignore victims of homosexual violence in Pesantren in relation to legal protection for victims of homosexual violence in Pesantren in relation to the educational goals of Pesantren. The research method used is a normative juridical approach with qualitative methods to produce descriptive-analytical data. This research resulted in the conclusion that the Pesantren neglect of victims of homosexual violence is a violation that can be subject to administrative sanctions. However, the regulations that accommodate legal protection do not explain the mechanism for providing sanctions and categorizing the level of violations, giving rise to legal uncertainty. Legal protection for victims of homosexual violence in Pesantren is related to the educational goals of Pesantren; a) preventing sexual violence through the formation of superior individuals; b) preventing sexual violence by improving the quality of life of the community; c) development of Islamic values rahmatan lil 'alamin; d) the implementation of Pesantren based on national law.
Menguji Transparansi dan Partisipasi Publik dalam Politik Legislasi: Refleksi atas Prolegnas dan Prolegda di Indonesia Putri, Mutiara; Ananda, Reza; Puja Kusuma, Erika; Dwi Cahyono, Leo
Adagium: Jurnal Ilmiah Hukum Vol 3 No 2 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i2.107

Abstract

This article discusses the structural and normative obstacles to realizing meaningful public participation in the preparation of legislative programs. The National Legislation Program (Prolegnas) and Regional Legislation Program (Prolegda) serve as the primary instruments for planning statutory law making in Indonesia. Ideally, both programs should be formulated in a participatory and transparent manner to align with the needs of the public. However, in practice, the legislative planning process remains elitist and opaque, resulting in a disconnect between the enacted legal products and public aspirations. This study employs a library research method with a normative-juridical and critical-theoretical approach to examine the extent to which public participation and transparency are accommodated in the drafting of legislative programs, as well as to identify existing barriers. The findings indicate that public involvement remains symbolic and insufficiently institutionalized within the legislative system. Structural obstacles such as elite domination and normative limitations, including the lack of detailed regulations on public participation mechanisms, are identified as major factors. This study recommends strengthening participatory mechanisms and information transparency at every stage of Prolegnas and Prolegda formulation as part of a broader legal-political reform rooted in deliberative democracy.

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