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All Journal Jurnal Ilmu Hukum The Juris Unes Law Review Jurnal Hukum Adigama
R. Rahaditya
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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ANALISIS PELAKSANAAN PENGELOLAAN ROYALTI HAK CIPTA LAGU DAN MUSIK OLEH LEMBAGA MANAJEMEN KOLEKTIF NASIONAL BERDASARKAN PERATURAN PEMERINTAH NO. 56 TAHUN 2021 Jevano Tri Alexander; R. Rahaditya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17913

Abstract

Songs or music are copyrighted works that are protected by copyright. Every Creator or Related Rights owner will get his economic rights in the form of royalties, if there are users or public service places that use songs or music for commercial purposes. Recently, the president signed and ratified the government's law and regulation Number 56 of 2021 regarding the management of royalties on song and/or music copyrights. This PP was issued to optimize and provide legal protection and certainty to the creator or the author's rights regarding song copyright royalties. So that all business people where public services are listed in the PP, such as cafes, restaurants, music concerts, cinemas, karaoke, and others, when using songs or playing songs created by others for commercial purposes are required to pay royalties through LMKN. The LMKN is an institution that has the authority to collect royalties for song and/or music copyrighted works from commercial users. However, how does LMKN conduct supervision in supervising commercial users and so that this Government Regulation is enforced? The PP also does not explain how LMKN supervises and monitors these public service places. As well as places of public service are also very widely spread throughout Indonesia. Therefore, LMKN really needs to pay attention to the mechanism for managing the collection of song and/or music copyright royalties so that creators and musicians in Indonesia are guaranteed legal protection and LMKN actually carries out their obligations as stated in PP 56 of 2021
PENERAPAN PASAL 264 AYAT (1) KUHP DALAM PEMIDANAAN PEMALSUAN AKTA NIKAH STUDI PUTUSAN (NOMOR 1471/Pid.B/2019/PN Jkt. Utr.) Velia Audia Septian; R. Rahaditya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17886

Abstract

Forgery of letters can have a manipulative effect on the originality of the contents of a letter. The provisions for forgery of letters containing in the Criminal Code Articles 263 to Article 276. This research aims to know how the application of Article 264 paragraph (1) of the Criminal Code in criminalizing marriage certificate falsification in (Study of Decision Number 1471/Pid.B/2019/PN. Jkt. Utr.). The research method used in this study is a normative research method, and the research specification is descriptive. The legal materials in this study are primary, secondary, and tertiary with a law and case approach. The results of this study illustrate that the criminal act of forgery committed by the Decision Number 1471/Pid.B/2019/PN. Jkt. Utr. has been proven that Wawan Setiawan as Defendant was right in committing the crime of falsifying the marriage certificate and marriage book. Therefore, the Defendant’s actions caused losses from various parties as wel as loss of confidence in the authentic deed. The perpetrators of the crime of falsifying authentic deeds in this case should be get punishment in accordance under legal provisions, that is violation of Article 264 paragraph (1) of the criminal code. Whereas, the criminal act of forging letters, the elements of which are in Article 263 of the Criminal Code. Article 264 paragraph (1) regulated of the criminal code and the punishment is even more severe if the forged is an authentic deed. Thus, in determining a crime, it is necessary to pay attention to the elements of the article given so that the sentence imposed is appropriate and fair
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (827.218 KB) | DOI: 10.24912/adigama.v2i2.6628

Abstract

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).
KEWENANGAN INDEPENDENSI HAKIM DALAM PENERAPAN PIDANA MINIMAL KHUSUS (STUDI KASUS: PUTUSAN NOMOR 144/PID.SUS/2019/PN KDS) Tamara Arruum Shafira; R. Rahaditya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13573

Abstract

Every single year, cases of sexual crimes have increased. The number of victims is not only from adults but has also spread to adolescents, children and toddlers. Children are a group that is very vulnerable to sexual crimes because children are always positioned as weak or powerless and have a high dependence on the adults around them. In almost every case disclosed, the perpetrator is the closest person to the victim and not a few perpetrators are people who dominate the victim, such as parents and teachers. We recognize sexual crimes as a form of sexual violence against children involving the role of children in all forms of sexual activity that occur before the child reaches a certain age limit established by the laws of the country concerned where an adult or other child who is older or someone who is considered to have better knowledge of the child using it for sexual pleasure or sexual activity. In carrying out this act, usually many of the perpetrators used force, threats, bribes, tricks and even pressure.
TANGGUNG JAWAB NOTARIS ATAS PERBUATAN MELAWAN HUKUM MELAKUKAN PEMALSUAN SURAT KUASA MENJUAL DALAM AKTA JUAL BELI (STUDI KASUS PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR 1443/PID.B/2018/PN.TNG) Eka Aprilia; R. Rahaditya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17083

Abstract

Counterfeiting can be classified as a crime of fraud. Criminal acts in the form of falsification of the provisions are contained in Article 263 to Article 265 of the Criminal Code. The problem faced is how the notary's responsibility for unlawful acts is to falsify the power of attorney to sell in the deed of sale (Case Study of Tangerang District Court Decision Number 1443/Pid.B/2018/PN.Tng.). The research method used is a normative juridical legal research method. The results of the study indicate that the responsibility of the notary for unlawful acts is to falsify the power of attorney to sell in the deed of sale and purchase related to the Tangerang District Court Decision Number 1443/Pid.B/2018/PN.Tng. is the proof of the actions committed by Notary Dr. Bambang Sudirmanto, SH, MKn intentionally with full awareness in planning fraudulent acts that cause losses, the notary can be subject to administrative sanctions as stipulated in Article 85 of the UUJN regarding violations of Article 16 paragraph (1) letter a of the UUJN. Sanctions that can be imposed are verbal warnings, written warnings, temporary dismissals, respectful and dishonorable dismissals. Can also be subject to criminal sanctions. In order to protect the interests of the notary parties, they must act in accordance with the laws and regulations for the position of a notary and uphold the notary code of ethics.
PENGGUNAAN KEKERASAN DALAM PROSES PENYIDIKAN DILIHAT DARI PERSPEKTIF HUKUM DAN HAK ASASI MANUSIA Yohanes Kevin Manik; R. Rahaditya
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.9007

Abstract

The police as a state agency have several tasks, one of them is to carry out investigations which will be helpful to find and collect evidence of a criminal act and its suspects. However, during the investigation process, the police tend to adjust violence to obtain evidence or confession from a person who suspected of committing a crime. Violence acts committed by the police can harm the suspect, in which the suspect has rights as a human being and as a community protected by laws and regulations. The police that committed violence acts against suspects can be santioned and/or sentenced based on the Police Professional Code of Ethics. The investigation process aims to provide clarity on a crime that has occurred. While carrying out the investigation process, the police assigned to look for evidence of a criminal act will interrogate the suspect. In the Article 52 of Criminal Procedure Code states that, during an investigation process a suspect has the right to provide information freely to the investigator.
PENERAPAN SANKSI PENYALAHGUNAAN NARKOTIKA DITINJAU DARI SURAT EDARAN MAHKAMAH AGUNG NOMOR 4 TAHUN 2010 TENTANG PENEMPATAN KORBAN PENYALAHGUNAAN DAN PECANDU NARKOTIKA KE DALAM LEMBAGA REHABILITASI MEDIS DAN REHABILITASI SOSIAL (STUDI PUTUSAN NOMOR 56/PID.SUS/2019/PN/SDA) Chrysto Fransco Siletty; R. Rahaditya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17100

Abstract

The State of Indonesia is one of the countries with the concept of the Supremacy of Law, namely the law is above all, the law is used as the superiority of the rules of the game in a country or can be called a state of law (rechtsstaat). Therefore, Indonesia is a legal state that obeys the rules contained in the laws and regulations that apply in Indonesia. Law is an absolute thing owned by a country regardless of the system used by the country, as stated in Article 1 Paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia stating that the Indonesian State is based on law, not based on mere power. Based on the contents of this thesis, there are problems, namely How to Implement Rehabilitation Sanctions for Narcotics Criminals in Indonesia Judging from Law Number 35 of 2009 in conjunction with the Circular Letter of the Supreme Court Number 4 of 2010 Rehabilitation Sanctions for Indonesian Narcotics Crime Perpetrators Judging from Law Number 35 of 2009 in conjunction with the Circular Letter of the Supreme Court Number 4 of 2010. Based on the research data as follows: That he is the defendant ARDIANSAH BIN Alm. ARIFUDDIN, on Monday 05 November 2018 at around 23.00 WIB or at least in November 2018 or at least sometime in 2018.
KEPASTIAN HUKUM TERHADAP JUSTICE COLLABORATOR DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA DALAM PUTUSAN PENGADILAN TINGGI DKI JAKARTA NOMOR 5/PID.SUS-TPK/2018/PT.DKI Yosua Hasudungan Wilbur; R. Rahaditya
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.11964

Abstract

The application of sanctions in criminal cases involves one of the offenses stipulated in the Criminal Code in which all losses and penalties for the offense are regulated, but in the case of safeguards related to the losses incurred for the offense and less than Rp. 2,500,000, it will be included in minor criminal offenses which regulate further in the Supreme Court Regulation No. 2 of 2012, but in practice many cases of theft of tipiring but other legal rules are sought in order to rule out typing as in reported cases relating to minor acts but it requires a lex specialist Act Invite Plantation to exclude tipiring. How the Problems of Trial in Light Elections Arise in Kuhp with the Housing Law in the Decision of the District Court Simalungun Number 590 / Pid.b / 2019 / PN Sim. The author uses normative legal research methods. This research is descriptive analysis. Sources of data used are primary data obtained from sources and secondary data from the results of library studies. The results of the author's research are the legal coverage of the principle of justice coverage in judging light protection cases in giving decisions considering legal aspects and proper classification of any related issues so that the legal information given can be carried out appropriately.
ANALISIS YURIDIS TERHADAP UNSUR-UNSUR NOODWEER DALAM PUTUSAN PENGADILAN NEGERI BANDUNG NOMOR 162/PID.B/2021/PN.BDG Monika Romauli Manurung; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The idea of noodweer is that the act is executed on the idea of the usage of the proper andright pressure in order that there's no other dif erent choice, which may be used apartfrom committing an act that violates the regulation. The act ought to meet importantpoints, namely: there became a right away assault wherein at once threatened and inopposition to the regulation. The assault intentionally geared toward the body, politenessand possessions belongs to himself or others. So far, withinside the case of crook acts ofpersecution in particular, the utility of the precept of pressured protection is regularlynow no longer according with the concept in essence. In addition, the pressuredprotection is likewise substantially stimulated with the aid of using the continuedproduction of the case, how the proof is presented, and the way they of ers felonyconsiderations withinside the absence of maximal proof, it's miles clean that the chooseadditionally did now no longer behavior a seek associated with the that means of theessence of a pressured protection. The technique in this case is descriptive. This studiesbecame performed thru regulation normative approach, with the aid of using analyzingthe legal guidelines and all informations that is associated with this example.
PERLINDUNGAN HUKUM TERHADAP HAKUBAKU DAN LOGO SELAKU MEREK TERKENAL BERDASARKAN UNDANG-UNDANG MEREK DAN INDIKASI GEOGRAFIS (STUDI PUTUSAN NOMOR 790K/Pdt.Sus-HKI/2020) Muhammad Faiz Rizqi; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Trademarks are part of Intellectual Property Rights that need to be protected because they containintellectual property that can bring economic benefits to the owner of the trademark rights. Brandprotection is important because brand imitation can occur. Well-known brands become targets forimpersonation. This study aims to determine the protection of well-known brands and the responsibilityof the Directorate General of Intellectual Property Rights as an institution that protects IntellectualProperty Rights. In 2020, there was a well-known trademark dispute between Hakubaku and Logofrom Japan and Hakubaku and Logo which were already registered in Indonesia. Hakubaku and Logofrom Japan are brands that have been used in 2006 and have become well-known brands since 2013.This study focuses on the legal protection of Hakubaku and Logo as well-known brands by analyzingthe Supreme Court Decision Number 790K/Pdt.Sus-HKI/2020 and based on the Trademark LawNumber 20 of 2016 and also the Regulation of the Minister of Law and Human Rights Number 67 of2016. The research method used is the normative research method with the support of additionalinterviews with brand experts and examiners from the Directorate General of IP. The results of thisthesis research that well-known brands need to be protected so that no party imitates the shape of thebrand and logo of a well-known brand. Even though well-known marks have not been registered inIndonesia, they must be protected because Indonesia has ratified the international Trips Agreementand Paris Convention. The responsibility of the Directorate General of IP begins at the time of theadministrative, substantive examination, and until the certificate is issued. The Directorate General ofIntellectual Property Rights also needs to improve inspections so that every application for registrationof a mark does not contain a mark which has elements and similarities in principle with a well-knownmark. If the Directorate General of Intellectual Property Rights carries out its responsibilitiesproperly, then a violation of trademark rights should not occur.
Co-Authors AISYA VIJAYASHREE Chrysto Fransco Siletty Deren Adi Chandra Eka Aprilia Elisabeth D.A.N Grace Kezia Caroline Gunawan, Chyntia Helena Damai Ratih Jessica Jessica Jevano Tri Alexander Jose Adiguna Karen Abigael Pangkey Kevin Pramadani Majolica Ocarina Fae Matthew Husada Mishael Joshua Monika Romauli Manurung Muhammad Faiz Rizqi Nadya Enjelin Kusuma Pedro Sutanto Renald Saputra Reyner Darell Sidharta Rossellini, R.A Steffie Sandra Gloria Satriani Tamara Arruum Shafira Velia Audia Septian Vicky Vicky Yeremia Aprilio Yohanes Kevin Manik Yosua Hasudungan Wilbur