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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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Analisis Putusan Bawaslu Provinsi Gorontalo Dalam Penyelesaian Penanganan Pelanggaran Administrasi Pindah Memilih Laode, Nadila Magfira; I. Rahim, Erman; Ahmad, Ahmad
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.v3i2.109

Abstract

This study aims to analyze how the Gorontalo Provincial Election Supervisory Body (Bawaslu) issued a decision regarding the settlement of administrative violations regarding voters moving in the election. This study utilizes a normative approach in a qualitative way and analyzes Bawaslu's decisions and relevant laws and regulations. Data collection techniques were carried out through reviewing Bawaslu's decision files and question and answer sessions with interested parties at the election stage. The findings reveal that although Bawaslu's decisions generally incorporate adequate legal reasoning, there remain inconsistencies in the application of norms and procedural standards. Notably, some rulings lack clarity in defining the specific administrative violations, leading to potential legal uncertainty for voters and electoral participants. The study underscores the importance of establishing more consistent and transparent standards in administrative violation adjudication to enhance legal certainty, especially in cases involving voter relocation. The research provides both academic insights and practical recommendations for improving the quality of Bawaslu’s decisions in future elections.
Diplomasi Pertahanan Dalam Perspektif Hukum Internasional: Strategi Mewujudkan Keamanan Global Sudarmanto, Sudarmanto
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.v3i2.110

Abstract

Defense diplomacy is a strategic instrument in international relations that emphasizes the use of military power as a means to build trust, prevent conflict, and strengthen security cooperation among states. From the perspective of international law, this form of diplomacy plays a crucial role in the development of norms and international regimes aimed at supporting global stability and peace. This article analyzes the strategic role of defense diplomacy within the framework of international law, employing a normative juridical approach and a qualitative method based on recent literature studies. The findings indicate that defense diplomacy is effective in reinforcing collective security regimes and international norms, although it continues to face challenges related to differing national interests, legal interpretations, and issues of state sovereignty. Strengthening the international legal framework is therefore necessary to ensure that defense diplomacy can be conducted fairly, transparently, and in accordance with the principles of international law.
Implementasi Asas Keadilan dan Kemanfaatan dalam Penetapan Konsinyasi Ganti Rugi Tanah Sengketa Dama, Fatmawati; Wantu, Fence M; Achir, Nuvazria
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.v3i2.111

Abstract

This study aims to answer how the principles of justice and benefit are implemented in determining compensation for disputed land in Decision No. 69/Pdt.P-Kons/2022/PN Gto. This study uses a normative legal method with a legislative approach and case study, where data is collected through literature review of regulations, court decisions, and relevant literature. The results of the study indicate that the judge granted the request for consignment based on Article 42(c) of Law No. 2 of 2012 due to the existence of a ownership dispute that prevented direct payment of compensation. The judge's ratio decidendi emphasized the principle of benefit to ensure the smooth progress of the dam construction project as a public interest, while also guaranteeing the rights of the parties by depositing the compensation funds with the court until the dispute is resolved. This ruling constitutes a legally valid and pragmatic solution to overcome land acquisition obstacles caused by disputes, but it raises a dilemma of timely justice for the entitled parties due to the delay in compensation rights is delayed until the ownership dispute is resolved. The impact of this study highlights the importance of strengthening technical guidelines for the implementation of consignment and accelerating the resolution of ownership disputes to achieve legal certainty and justice for all parties involved in land acquisition for public interest.
Dinamika Kewenangan Mahkamah Konstitusi Dalam Menyelesaikan Perselisihan Hasil Pemilihan Umum Kepala Daerah Serta Implikasinya Terhadap Pemilihan Umum Serentak Tahun 2024 Dikri Purnama, Muhamad; Rosidin, Utang
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.v3i2.112

Abstract

This study aims to analyze the development of the Constitutional Court’s authority in resolving disputes over the results of regional head elections (PHP Kada) and to assess its implications for the coherence of the electoral legal system ahead of the 2024 Simultaneous Elections. Initially, the authority to adjudicate PHP Kada was vested in the Supreme Court based on Article 106 paragraph (1) of Law Number 32 of 2004 on Regional Government. Due to inefficiencies and increased judicial burden, the authority was transferred to the Constitutional Court through Law Number 12 of 2008. However, Constitutional Court Decision Number 97/PUU-XI/2013 declared that regional elections are not part of the national election regime under Article 22E of the 1945 Constitution, and the Court’s jurisdiction was therefore temporary pending the establishment of a specialized judicial body. The legislature's failure to implement this mandate has prolonged legal uncertainty. Subsequently, Decision Number 85/PUU-XX/2022 affirmed that the Court’s authority is permanent as a form of constitutional protection for citizens' voting rights. This study applies a normative juridical method using statutory and conceptual approaches. The findings recommend explicitly incorporating the Constitutional Court's authority into the 1945 Constitution to reinforce institutional legitimacy, ensure legal certainty, and safeguard the sustainability of the simultaneous election system within a constitutional framework.
Implementasi Kebijakan Preventif Polresta Gorontalo Kota Terhadap Tindak Pidana Penganiayaan Anak Oleh Ibu Tiri Ibrahim, Erni R.; Ekawaty Ismail, Dian; Apripari, Apripari
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.v3i2.113

Abstract

This study aims to analyze the implementation of preventive policies by the Gorontalo City Police in handling cases of child abuse by stepmothers, as well as to identify factors that hinder and opportunities for strengthening these policies in the future. The background of this study is based on the increasing number of cases of violence against children in the family environment, particularly by stepmothers, which have serious physical and psychological impacts on the victims. This phenomenon requires a strategic response from law enforcement agencies and all elements of society to create an effective child protection system. The method used is empirical legal research with a sociological-legal approach. Primary data was obtained through in-depth interviews with perpetrators, victims, and investigators from the Women and Children Protection Unit (UPPA) of the Gorontalo City Police Department, while secondary data was collected through literature review and documentation. Analysis was conducted using a descriptive qualitative approach to organize and interpret field data based on applicable legal theories and principles. The research findings indicate that the Gorontalo City Police Department has implemented various preventive strategies, such as legal awareness campaigns and education, restorative approaches, the establishment of reporting centers and hotlines for child abuse, collaboration with non-governmental organizations, and the optimization of the Community Guidance Unit (BINMAS). These efforts have proven to increase public awareness and strengthen the child protection system, although they still face challenges such as limited resources, low public participation, and uneven legal education. This study has yielded positive outcomes, including a community-based child abuse prevention model and multi-sectoral collaboration that can be adopted in other regions. Recommendations for further research include a more in-depth study of power dynamics within stepfamilies, the effectiveness of community interventions, and the optimization of digital technology in reporting and supporting victims of child abuse.
Pembuktian Pelanggaran Asas-Asas Umum Pemerintahan yang Baik (AAUPB) sebagai Dasar Gugatan di PTUN Chandra, Febrian; Azri, Muhammad; Apriadi Bahri, Rizki; Ananda, Tiara
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.v3i2.114

Abstract

This study aims to analyze the standard of proof and the effectiveness of evidence in state administrative disputes based on violations of the General Principles of Good Governance (Asas-Asas Umum Pemerintahan yang Baik/AAUPB). The main focus is to answer how violations of abstract principles can be concretely proven in the proceedings of the State Administrative Court (PTUN), an area fraught with practical challenges for justice seekers. The research method used is normative juridical with statutory, case, and conceptual approaches. Primary and secondary legal materials were analyzed qualitatively to identify evidentiary practices in jurisprudence. The results show that the standard of proof for AAUPB violations is flexible (vrij bewijs), depending on the judge's conviction supported by at least two valid pieces of evidence. Effective proof cannot rely on a single type of evidence but on a synergistic combination of written documents to trace the process, expert testimony to translate abstract norms, and witness testimony to reveal procedural facts. The impact of this research is the provision of a strategic framework for legal practitioners in formulating lawsuits and offering a basis for the development of judicial guidelines to enhance decisional consistency.
Perlindungan Hukum Terhadap Konsumen Dalam Transaksi Kosmetik Impor Tanpa Izin Edar Melalui Marketplace Kharisma Putri, Varra; Budi Setianingrum, Reni
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.v3i2.222

Abstract

Imported cosmetic products circulated through marketplaces without a distribution permit from the Food and Drug Administration (BPOM) are illegal. This action is regulated by various regulations to enforce legal protection for consumers. Legal protection of consumers in the sale and purchase of imported cosmetics without a distribution permit is carried out by the Food and Drug Supervisory Agency (BPOM) which is authorized to supervise the circulation of imported cosmetic products in the marketplace by issuing a distribution permit certification for an imported cosmetic product that meets the standards and/or requirements by the provisions. The purpose of this study is to understand the legal protection of consumers in buying and selling imported cosmetics without a distribution permit from the Food and Drug Supervisory Agency (BPOM) online through the marketplace. This research uses a normative juridical research method with an approach to legislation. This research is descriptive in nature using literature studies which are then processed and analyzed using qualitative data analysis methods. The final result of this research is that consumers and business actors have rights and obligations to uphold legal protection for consumers. Legal protection of consumers in buying and selling imported cosmetics through the marketplace requires cooperation between the government, business actors and consumers.
Perlindungan Konsumen Dalam Transaksi E-Ticketing Pending Payment dan Keterlambatan Konfirmasi E-Ticket Konser Day6 Yulia Salsa Billa, Ainun; Budi Setianigrum, Reni
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.v3i2.223

Abstract

This study aims to examine the legal protections available to consumers in e-ticketing transactions, particularly in instances of issues such as delayed payments and confirmation of electronic tickets. The focus is on the case of the DAY6 3rd World Tour "Forever Young" concert in Jakarta, organized by the Mecimapro promoter, where numerous consumers encountered technical difficulties on the ticket sales platform, especially during payment and ticket confirmation. The research employs a normative juridical methodology, utilizing an analytical approach to Law Number 8 of 1999 on Consumer Protection (UUPK) and Law Number 1 of 2024 regarding Amendments to the ITE Law. The findings indicate that the promoters' handling of these issues did not fully align with the consumer protection principles outlined in the legislation. Indicators of inadequate implementation include a lack of accountability, insufficient information disclosure, and slow responses to consumer complaints. This research underscores the necessity for enhanced oversight, increased accountability among digital business operators, and the effective implementation of consumer complaint mechanisms.
Kajian Yuridis Hambatan Penanggulangan Kasus Pornografi di Polres Boalemo dan Pendekatan Solutif untuk Penguatan Perlindungan Korban Latili, Nurlin; Rusdiyanto U. Puluhulawa, Mohamad; Towadi, Mellisa
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.v3i2.225

Abstract

This study aims to analyze the legal and non-legal obstacles in handling pornography cases at the Boalemo Police Headquarters and formulate a solution to strengthen victim protection. The main questions answered are how legal, technical, and social obstacles affect the effectiveness of handling pornography cases, and what solutions can be implemented to improve victim protection comprehensively. The research method used is empirical juridical with observation techniques, in-depth interviews with investigators, victims, and related parties, as well as documentation of legal documents and relevant literature. The data is analyzed qualitatively by linking the legal and social aspects of the case. The research method used is empirical legal research with techniques of observation, in-depth interviews with investigators, victims, and relevant parties, as well as documentation of legal documents and relevant literature. Data is analyzed qualitatively by linking field findings to victim protection theory and applicable legal provisions. The results of the study indicate that the Boalemo Police have enforced the law against perpetrators of pornography in a procedural manner, maintaining the confidentiality of identities and providing psychological assistance to victims. However, victim protection is still dominated by a repressive approach and is not yet optimal in terms of psychological, social, and economic recovery. The main obstacles found include regulatory disharmony between the Pornography Law and the ITE Law, limited digital forensic facilities, weak inter-agency coordination, low legal and digital literacy among the public, and social stigma towards victims. The findings emphasize the importance of strengthening inter-agency coordination, legal education and digital literacy, as well as developing an integrated victim support system. This study recommends strengthening integrated service units, enhancing the capacity of cyber law human resources,  harmonizing technical regulations, and providing preventive education to the public. These findings are expected to serve as a reference for the development of more adaptive and responsive policies and law enforcement practices in protecting victims of digital crimes at both the regional and national levels.
Implikasi Yuridis Undang-Undang Nomor 3 Tahun 2024 terhadap Kewenangan Badan Pemeriksa Keuangan (BPK) dalam Pemeriksaan Keuangan Desa Yunus, Rahmawati; Abdussamad, Zamroni; Mandjo, Julius T
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.v3i2.226

Abstract

The study aims to examine the legal implications of Law No. 3 of 2024 on the authority of the Supreme Audit Agency (BPK) in conducting financial audits of villages. The main issue raised is how these regulatory changes expand, clarify, and strengthen the role of the BPK in directly overseeing village financial management, as well as their impact on transparency, accountability, and financial governance in villages. The research approach applied is a legal study from the perspectives of legislation, history, comparison, and conceptual analysis. Information was collected through literature review using official regulations, official documents, legal literature, and relevant previous study findings. The study findings show that Law No. 3 of 2024 provides a stronger legal basis for the BPK to conduct direct audits of villages, no longer limited to audits of district/city budgets. The BPK's authority now includes administrative audits, performance audits, and investigative audits, making village financial oversight more comprehensive and substantive. The impact of these changes is increased transparency, accountability, and public participation in village financial oversight, as well as the strengthening of good governance principles at the village level. This study underscores the importance of strengthening village government capacity, inter-agency collaboration, and the development of open reporting systems to support the effectiveness of village financial oversight in the new regulatory era.

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