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All Journal Jurnal Ilmu Hukum The Juris Unes Law Review Jurnal Hukum Adigama
R. Rahaditya
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Journal : Jurnal Hukum Adigama

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TINJAUAN YURIDIS TERHADAP KORBAN PENIPUAN OLEH WARGA NEGARA ASING BERDASARKAN PUTUSAN PIDANA NOMOR 129/PIDSUS/2020/PN Btm AISYA VIJAYASHREE; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Legal protection for witnesses and victims of crime has many weaknesses, among themost basic weaknesses is the neglect of the rights of crime victims in the process of handlingcriminal cases. From the case of Foreign Citizens China came to Indonesia using a residencepermit Free Visit Visa for 30 (thirty) days for tourist purposes, committing online fraud throughthe QQ application, SKYPE and a sum of money to be transferred to the defendant’s account.Thedefendant has been indicted by the Public Prosecutor with a single charge as regulated in Article122 letter a of the Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration.The judge decided that the defendant was sentenced to Article 122 letter a of the Law of theRepublic of Indonesia Number 6 of 2011 concerning Immigration and Law Number 8 of 1981concerning the Law of Criminal Procedure. That the victim did not receive a protection decisionfor fraud committed by the accused Foreign Citizen and the sentence for the defendant was not inaccordance with what it should have been.Fraud is a criminal activity carried out for profit, fraudcommitted online should be subject to Law Number 19 of 2016 concerning Amendments of LawNumber 11 of 2008 concerning Information and Electronic Transactions. Law Number 13 of 2006and Victims are described in Article 1 number 2 of Law Number 13 of 2006, concerning theProtection of Witnesses and Victims.
PERLINDUNGAN HAK CIPTA TUGU SELAMAT DATANG (STUDI PUTUSAN NOMOR: 35/PDT.SUS-HAK CIPTA/2020/PN NIAGA JKT. PST. Sandra Gloria Satriani; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Intellectual property is a material right, the right to an object that originates from the work of thebrain, and the work of ratios. Intellectual property in law is divided into 2 groups, namely the right tomanufacture (copyright) and factory property rights (industrial property rights). Copyright is definedas the exclusive right of the creator that arises automatically based on declarative principles after thecreation is manifested in a tangible form without restrictions in accordance with the provisions of lawsand regulations. The author uses normative legal research methods and uses interview data assupporting data. The results of the study reveal that copyright protection for the Selamat DatangMonument sketch and Selamat Datang Monument statue is regulated in Law Number 28 of 2014concerning Copyright. Court Decision Number 35/Pdt.Sus-Hak Cipta/2020/PN Niaga Jkt.Pst isinconsistent with the provisions of the existing laws and regulations. The sketch of the Selamat DatangMonument and the Selamat Datang Monument statue were created because of an order from PresidentSoekarno to Henk Ngantung (in his capacity as Deputy Governor of Jakarta) and Edhi Sunarso.Therefore, the creation was made because of the framework of the working relationship and the orderthat was made because it was under the creation of the creation the sketch of the Selamat DatangMonument and the statue of the Selamat Datang Monument should be recognized as fully stateproperty.
PENERAPAN, PENGELOLAAN, DAN PERTANGGUNG-JAWABAN ATAS BENDA SITAAN DAN BARANG RAMPASAN NEGARA DI RUMAH PENYIMPANAN BENDA SITAAN NEGARA (RUPBASAN JAMBI) Kevin Pramadani; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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In May 2019, three civil servants from the Jambi Kumham Regional Of ice were arrested for stealing11 cellphones at the State Property Confiscated Objects Storage (RUPBASAN) of ice. RUPBASANshould be a safe place for confiscated, but with the theft case in RUPBASAN, it is certainly interestingto examine juridically regarding the cause of the case, legal protection for confiscated goods,obstacles experienced by RUPBASAN and handling ef orts. Referring to these problems, the authoruses empirical juridical research methods. Based on the results of the study when referring to thetheory of law enforcement according to Friedman, namely structure, substance and culture, then in thiscase the structure and substance of the law have actually been formed, the lack of a sense ofresponsibility to keep objects from being lost, dishonesty and abuse of power for selfish purposesshows the culture that exists within the implementing of icers that causes such cases to occur. Theobstacles experienced by the Jambi RUPBASAN are Internal Constraints and External Constraints.Ef orts to resolve these obstacles are by strengthening coordination and synchronization.Strengthening coordination between the Government, the Ministry of Law and Human Rights, theIndonesian National Police, RUPBASAN, and parties related to the management of confiscated objectsand state confiscations, so that internal problems can be resolved. Synchronization of work guidelines,management regulations and regulations for implementing cooperation in the management ofconfiscated objects and state confiscations, so that in the process of implementing the management ofconfiscated objects and state confiscated goods.
SANKSI PIDANA TERHADAP PENYIDIK KEPOLISIAN YANG MELAKUKAN KEKERASAN DALAM PROSES PEMERIKSAAN TERSANGKA Jose Adiguna; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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In the investigation stage, investigators often commit violence that can harm the suspect, where thesuspect has rights as a human being and as a community protected by laws and regulations. In theinvestigation process, investigators do not only seek confessions from suspects, but also collectpreliminary evidence and witnesses in order to support proving the existence of a crime, whereinvestigators are given the authority to take certain actions, in order to complete the investigationprocess. But often in the investigation process, investigators use violence against suspects.Investigators who commit acts of violence against suspects may be subject to sanctions and may besubject to a Police Professional Code of Ethics. The investigation process aims to provide clarity on acriminal act that has occurred. In carrying out the investigation process, members of the policeassigned to look for evidence of a criminal act will interrogate the suspect. Article 117 (1) of theCriminal Procedure Code states that the statements of suspects or witnesses given to investigators areaccompanied without pressure from anyone or in any form.
PERLINDUNGAN HUKUM MEREK TERKENAL “CABERG” TERHADAP PENDAFTARAN MEREK “CABERG” LOKAL DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR 06/Pdt.Sus-Merek/2020/ PN.Niaga.Jkt.Pst.) Renald Saputra; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Brands have very significant benefits in encouraging the quantity of existing brands, but it cannot bedenied that there are so many brands that give rise to various conflicts and disputes that occur becauseof these various brands. In general, conflicts on brands exist due to violations of existing brands withthe motivation to get easy profits and try, or imitate, even fake brands that exist in the community. Thisstudy discusses the legal protection of the well-known brand "caberg" against the registration of thelocal "caberg" trademark in Indonesia through a case study of the decision of the Central JakartaCommercial Court Number 06/pdt.sus-brand/2020/pn.niaga.jkt.pst. The author's reason for bringingup the case is that CABERG S.p.A. Italy is a well-known brand that must be protected. Ef orts toprovide legal protection for well-known marks have started with the Paris Convention. Theformulation of the problem in this study is how to regulate the principle of equality in principle whichis proposed in bad faith based on Law Number 20 of 2016 concerning Marks and GeographicalIndications? and How is the legal protection of the well-known brand "CABERG" against theregistration of the local "CABERG" mark in Indonesia related to the Decision of the Central JakartaCommercial Court Number 06/Pdt.Sus-Merek/2020/PN.Niaga.Jkt.Pst.? This study found that there areelements of similarity in principle or in whole to the well-known brand Caberg. There are similaritiesin the equation of form, writing method, sound equation and elemental equation.
PENERAPAN REHABILITASI MEDIS DAN REHABILITASI SOSIAL TERHADAP PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA JENIS GANJA (STUDI TERHADAP PUTUSAN PENGADILAN NEGERI CIBINONG NOMOR 167/PID.SUS/2018/PN.CBI.) Reyner Darell Sidharta; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Indonesia as a constitutional state based on Pancasila and the 1945 Constitution containsregulations governing the order of people's lives which aim to create security and order in sociallife. In order to overcome the high level of narcotics abuse in Indonesia, the government issuedLaw Number 35 of 2009 concerning Narcotics and Circular Letter of the Supreme Court Number 4of 2010 concerning the placement of victims of abuse and narcotics addicts into medicalrehabilitation and social rehabilitation institutions for reference in sentencing. Furthermore, theresearch used is normative legal research, descriptive analytical research, secondary data types.Imprisonment is not an appropriate final means of punishment for victims of narcotics abuse, butvictims of narcotics abuse do not trade narcotics but for their own consumption, in contrast toperpetrators who become narcotics dealers or dealers who trade narcotics among the public.Article 127 paragraph (3) of the Law of the Republic of Indonesia Number 35 of 2009 concerningNarcotics states that "In the event that the abuser as referred to in paragraph (1) can be proven orproven as a victim of narcotics abuse, the abuser is obliged to undergo medical rehabilitation andsocial rehabilitation. ” And in the Supreme Court Circular No. 4 of 2010 concerning Placement ofAbuse, Victims of Abuse and Narcotics Addicts into Medical Rehabilitation Institutions and SocialRehabilitation Institutions, a person may be subject to medical rehabilitation and socialrehabilitation sanctions if the evidence does not exceed the provisions stipulated in the CircularLetter of the Supreme Court Number 4 of 2010.
ANALISIS PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (STUDI KASUS PUTUSAN PENGADILAN NEGERI MATARAM NOMOR 312/PID.SUS/2020/PN.MTR.) Vicky Vicky; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Traf icking in persons or human traf icking has now become a public problem that must beimmediately addressed by the government, both central and regional. The problem faced in theresearch is whether the application of criminal sanctions by judges using Article 81 of LawNumber 18 of 2017 concerning the Protection of Indonesian Migrant Workers in the MataramDistrict Court's decision Number 312/Pid.Sus/2020/PN.Mtr is correct? The research method usedis normative juridical law research. The results showed that basically the decision of the MataramDistrict Court Judge Number 312/Pid.Sus/2020/PN.Mtr was correct by imposing criminalsanctions on the accused perpetrators of placing Indonesian migrant workers by individuals underArticle 81 of Law Number 18 of 2017. Refers to the amount of the sanction given only withimprisonment for 8 (eight) months, and a fine of 1 billion, provided that if the fine is not paid, it isreplaced with imprisonment for 2 (two) months each. This is still too light compared to themaximum criminal sanction that can be imposed on perpetrators of a maximum imprisonment of10 (ten) years and a maximum fine of Rp. 15,000,000,000.00 (fifteen billion rupiah). According tothe decision of the Mataram District Court Number 312/Pid.Sus/2020/PN.Mtr. can impose moresevere penalties on the perpetrators of placing Indonesian migrant workers by these individuals,considering that the maximum criminal provisions in the articles imposed are very high, and thepotential for the acts committed will have a large impact.
KEBIJAKAN PENANGGULANGAN TAWURAN ANTAR REMAJA DI WILAYAH JAKARTA BARAT Yeremia Aprilio; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Brawl is a fight between groups using supporting tools in the form of sharp weapons, stones andso on. Brawls between students in the West Jakarta area are still common. The factor of theexistence of brawls between teenagers is a very bad friendship environment and also from familyfactors that do not always monitor or see the growth and development of their children from thelevel of children to the level of adults. The impact of the brawl is the destruction of public facilitieswhich can disturb the community and cause casualties and injuries. The National Police of theRepublic of Indonesia is one of the law enforcement of icers in Indonesia who plays an active rolein tackling and taking action against the perpetrators of brawls. One of the goals of the police is tomake people feel safe and comfortable to carry out their activities. The perpetrators of suchbrawls can be subject to criminal sanctions under Article 170 of the Criminal Code which reads"Anyone who intentionally and with collective force uses violence against people or goods, isthreatened with a maximum imprisonment of five years and six months".
PERAN LEMBAGA MANAJEMEN KOLEKTIF NASIONAL DALAM PERLINDUNGAN HAK CIPTA LAGU PENGEMIS YANG DIGUNAKAN OLEH STASIUN TELEVISI INDOSIAR TANPA SEIZIN PENCIPTANYA Grace Kezia Caroline; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Intellectual Property Rights will be rights that arise or are brought into the world from human intellectual abilities.The term Intellectual Property Rights comes from the word Intellectual Eigendom Recht in Dutch within theframework of Continental Europe. Intellectual Property Rights have been used for quite a long time, especially byjournalists such as Sudargo Gautama, C.S.T. Kansil, Muhammad Djumhana. Intellectual property rights areselective and direct which implies that they can protect anyone who has these rights. Anyone can be charged withviolating this right. The National Collective Management Institute (LMKN) is an organization that has the authorityto collect figures for the use of songs and music that are protected from business clients on a non-permanent basisand ratified by the Decree of the Minister of Law and Human Rights. Along with the progress of the times, followedby the expansion of human needs because of their lifestyle. One of the signs is the increasing interest and enthusiasmof the public in general in the field of entertainment, especially songs. The lawsuit for the use of a song without acopyright to the song's creator surfaced on April 4, 2021. The lawsuit was recorded by a lyricist who was not abeggar of love, popularized by Jhonny Iskandar, Haji Ukat Sukatna, to indosiar.
Tinjauan Hak Eksklusif Atas Potret Yang Dipergunakan Secara Komersil Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Helena Damai Ratih; R. Rahaditya
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Exclusive rights to commercial used portraits are a part of the copyright law that is regulated in Law Number 28 of 2014 on Copyright. According to Article 11 paragraph (1) of Law No. 28 of 2014, the creator or copyright owner is entitled to the exclusive right to announce or reproduce their creation, including the exclusive right to portraits used commercial. Exclusive rights to commercial used portraits are rights that give the creator or copyright owner the authority to regulate the use of the portrait by others. This is intended to prevent the use of portraits without the knowledge or consent of the creator or copyright owner. In addition, exclusive rights to commercial used portraits also give the creator or copyright owner the right to receive remuneration for the use of the portrait. The remuneration can be in the form of royalties or a sum of money that must be paid by the party using the portrait for commercial purposes. To prevent the use of portraits without the knowledge or consent of the creator or copyright owner, Law No. 28 of 2014 regulates violations of copyright. Article 31 paragraph (1) of Law No. 28 of 2014 states that anyone who intentionally or without rights announces or reproduces the work of others without the permission of the creator or copyright owner can be subject to criminal sanctions or fines.
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