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All Journal Journal of Indonesian Legal Studies Jurnal Konstitusi Jurnal Hukum Adigama Hukum dan Politik dalam Berbagai Perspektif
Ade Adhari
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Law, Crime, Criminology & Criminal Justice Other

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Konstitusionalitas Hak Masyarakat Hukum Adat atas Hak Ulayat Rumpon di Provinsi Lampung Redi, Ahmad; Prianto, Yuwono; Sitabuana, Tundjung Herning; Adhari, Ade
Jurnal Konstitusi Vol 14, No 3 (2017)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (544.187 KB) | DOI: 10.31078/jk1431

Abstract

Pasal 18B ayat (2) UUD NRI 1945 mengatur mengenai penghormatan dan pengakuan atas satuan-satuan masyarakat hukum adat beserta hak-hak tradisionalnya sepanjang keberadaannya masih ada. Salah satu hak masyarakat adat di masyarakat pesisir di Provinsi Lampung ialah hak rumpon sebagai hak ulayat laut. Rumpon laut secara bahasa merupakan jenis alat bantu penangkapan ikan yang dipasang di laut, baik laut dangkal maupun laut dalam. Saat ini eksistensi rumpon laut terancam keberadaannya karena untuk menjaga dan melestarikan sistem pengelolaan perikanan ini tidak didukung oleh tindakan nyata oleh Pemerintah dan masyarakat sekitar pesisir. Tulisan ini melakukan pengkajian atas hak masyarakat hukum atas hak ulayat rumpon di Provinsi Lampung dengan fokus penelitian pada eksistensi hak ulayat laut rumpon pada masyarakat Lampung dan perlindungan konstitusional atas hak ulayat rumpon laut. Metode penelitian yang digunakan yaitu metode socio-legal yang melakukan kajian terhadap aspek hukum dalam ranah das sollen dan das sein.Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia regulates the respect and recognition on customary law community units and their traditional rights as long as they still exist. One of the rights of indigenous peoples in coastal communities in Lampung Province is rumpon’s right as the ulayat right of the sea. Literaly, Rumpon laut is a type of fishing gear installed in the sea, both the shallow and the deep one. Currently the existence of rumpon laut is threatened because the maintenance is not supported by concrete actions by the Government and coastal communities. This paper conducts an assessment of the community’s right on customary rights of rumpon laut in Lampung Province. This paper focuses on the existence of the ulayat right of rumpon laut in Lampung and the constitutional protection of the ulayat right of rumpon laut. The research method used is a sociolegal method that studies the legal aspects in the realm of das sollen and das sein.
Customary Delict of Penglipuran Bali in the Perspective of the Principle of Legality: A Dilemma and Arrangements for the Future Adhari, Ade; Widyawati, Anis; Windia, I Wayan P; Hutabarat, Rugun Romaida; Tania, Neysa
JILS (Journal of Indonesian Legal Studies) Vol 6 No 2 (2021): Indonesian Legal Thoughts Amid Various World Legal Thoughts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i2.50555

Abstract

In the context of criminal law, recognition of customary law begins with a very fundamental principle, namely the principle of legality – a legal basis for declaring an act as a criminal act. This paper examines the implementation of customary law regarding the violation of Penglipuran customary, in accordance with the customary delict from the perspective of the principle of legality and the future policy formulation of the principle of legality that accommodates the existence of customary law. To answer these problems, socio-legal research methods are used, data in the form of legal documents and results of in-depth interviews, various approaches (legal, theoretical, and historical approaches) and then analyzed through deductive-inductive methods. The results show that the Criminal Code adheres to the principle of formal legality, consequently, the written law is the only source to declare an act as an offense. Whereas in the Penglipuran community, it is known that customary delict is regulated not only in awig-awigbut also unwritten ones such as pararem penyahcah awig and perarem ngele. The existence of indigenous peoples is not only found textually but also commonly, carrying out their lives based on customary law which contains applicable values, principles, and norms. Therefore, it is necessary to formulate the principle of legality that accommodates the existence of customary law as a source of criminalizing acts. This is intended to realize a criminal law that accommodates the rights of indigenous peoples to “their own institutions, laws, and customs".
PENERAPAN KETENTUAN PELAKU UTAMA DALAM KRITERIA JUSTICE COLLABORATOR PADA PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 93/PID.SUS-TPK/2019/PN.JKT.PST Amelia Elisabeth Putri Kusuma; Ade Adhari
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.v4i2.17945

Abstract

The purpose of this research is to analyze and understand the application of main suspect of justice collaborator criteria in Indonesia. This research is a normative law research, namely a law research conducted by examining legal books, legal journals and other library materials as well as the secondary data related to justice collaborator. The result of this research is the legal certainty regarding the main suspect of the justice collaborator criteria that has not been fulfilled by the Indonesian Law, so it has the potential to harm the law enforcement process. This is due to lack of understanding of the main suspect of justice collaborator among the law enforcers. Therefore, the intervention of the authorities to improve the current legal system is required in order to achieve the legal objectives. Specifically justice, expediency, and legal certainty especially regarding the justice collaborator. The Government needs to accommodate this policy in a clear, vivid and complete rules. Starting from the criteria and the condition, implementation of procedures, the reward and the protection for the justice collaborator himself.
KEBIJAKAN PENCEGAHAN DALAM KEKERASAN SEKSUAL DI LINGKUNGAN PENDIDIKAN Adityo Saputra; Ade Adhari
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.v4i2.17950

Abstract

Rise of sexual violence against children, especially in the educational environment, makes parents feel that the educational environment has become an unsafe place for students. Because sexual violence will have a traumatic impact on both children and adults. Seeing the consequences that will be experienced by children when they become victims of sexual violence is very woorrying, therefore there is a legal protection given to victims, namely children who experience sexual violence.
ANALISIS KETIADAAN NIAT (MENS REA) DALAM PEMIDANAAN PADA PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 844/PID.B/2019/PN.JKT.PST. Edo Bintang Joshua; Ade Adhari
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.v4i2.17975

Abstract

In criminal law, punishment requires at least two conditions: subjective and objective conditions. To sentencing someone in the criminal court, it is not enough just by looking at their actions. Because criminal act are just one part of a condition in terms of punishments that are also called actus reus or physical elements. Mens rea is an essential part of criminal law. As one of terms of punishment, mens rea have a role as a subjective criminal in penal law. The absence of mens rea in any crime case makes the subjective criminal of the case missing. Sentencing someone who did a crime act without qualifying the mens rea element will injure the justice and set aside the mens rea as a subjective crimination. The case that was decided by Putusan Nomor 844/Pid.B/2019/PN.Jkt.Pst decided 29 (twenty nine) Sarinah mall employees. The decision clearly stated that the reasons for the perpetrators to commit the crime were based on a sense of humanity. This sense of humanity contradicts mens rea which is evil intent.
KEBIJAKAN FORMULASI PEMULIHAN NAMA BAIK KORBAN TINDAK PIDANA PENGHINAAN DAN/ATAU PENCEMARAN NAMA BAIK DALAM PENAGIHAN PIUTANG OLEH DESK COLLECTOR FINTECH P2P LENDING ILEGAL DI INDONESIA Eliza Della Kanaya; Ade Adhari
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.v4i2.17909

Abstract

Started from the big amount of complaints related to criminal acts of defamation by Fintech P2P Lending illegal in Indonesia at this time, and realizing that there are obstacles in restoring the good name of victims in the legal system in Indonesia, it is felt that there is a need for legal reform that emphasizes victim recovery. This study examines about the formulation of the good name recovery policy for victims of criminal acts of defamation, especially victims of criminal acts of defamation by illegal Fintech P2P Lending. The type of research used is normative prescriptive which is carried out with a statute approach, comparative approach, and conceptual approach. This research resulted a new concept that can be adapted and applied in Indonesia, namely the form of satisfaction as an alternative in restoring the victim's good name, so that the victim can obtain restitution on his behalf only through the application mechanism, and does not need to file a civil lawsuit. Thus, the victim can get a recovery of his name and restore his social life in society as soon as possible
PEMIDANAAN TERHADAP DELIK PEMBAYARAN UPAH DI BAWAH UPAH MINIMUM DALAM RANGKA MENCAPAI TUJUAN PEMIDANAAN DI INDONESIA Jeremy Nicholas; Ade Adhari
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.v4i2.17006

Abstract

This research is a normative legal research by collecting data on criminal decisions on the issue of paying wages below the minimum limit for workers in Indonesia. This study uses a legal approach and a case approach that is related to the problems in this study, which are criminal cases regarding the offense of paying wages below the minimum wage which are less effective in comparison with civil cases or Industrial Relation Disputes which are aimed at achieving the objectives of punishment in Indonesia. . The purpose of punishment is as a deterrent effect, coaching and educating the perpetrators so that they do not repeat their actions again and become better individuals in carrying out their lives so as to create security and protection for the people in Indonesia. This offense has been regulated that the act is a criminal offense whose criminal sanctions have been regulated in the Manpower Act which was updated in the Job Creation Law by applying special minimum criminal sanctions, but due to the lack of understanding of the legal apparatus in the field of labor crime and even the labor criminal desk which had been formed at Polda Metro Jaya did not work as expected because its function was only to consult law and direct the case to the Industrial Relation Disputes.
FUNGSIONALISASI SANKSI PIDANA DALAM MENANGGULANGI TINDAK PIDANA DI BIDANG PERLINDUNGAN KONSUMEN UNTUK MELINDUNGI KONSUMEN DARI BAHAYA KOSMETIK TIDAK BERLABEL Ferdian Soni; Ade Adhari
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.v4i2.17982

Abstract

Currently, there are many cosmetic products circulating in the market that are not labeled without knowing the composition contained in them, so that it endangers consumers. The problems faced in this study are how effective the use of criminal sanctions in providing protection to consumers from unlabeled cosmetic products is and how to functionalize criminal sanctions in providing protection to consumers from unlabeled cosmetic products. The research method used in this research is normative juridical law research. The results of the study indicate that Law Number 8 of 1999 concerning Consumer Protection has basically provided legal protection to consumers. Criminal sanctions against perpetrators who produce or distribute unlabeled cosmetics have been clearly regulated in several laws and regulations including the Health Law, UUPK, PP Number 72 of 1998 and Perka BPOM No. HK.03.1.23.04.11.03724 of 2011 concerning Cosmetics Importation Control. In terms of being functional related to criminal sanctions in providing protection to consumers from unlabeled cosmetic products, it is by increasing public legal awareness to report on unlabeled cosmetics, conducting supervision of unlabeled cosmetics in circulation to find out who the manufacturer is and report it to the police. (c) BPOM and YLKI cooperate with law enforcement or cooperate with various parties to prevent the circulation of unlabeled cosmetics and hold a communication forum to bring together cosmetic industry producers and BPOM.
DAMPAK ATAS OVERKAPASITAS PADA LAPAS TANGERANG DALAM PEMENUHAN HAK NARAPIDANA MENURUT UNDANGUNDANG NOMOR 12 TAHUN 1995 (STUDI PADA LEMBAGA PEMASYARAKATAN PEMUDA KELAS II A TANGERANG) Devi Ulan Dari; Ade Adhari
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.v4i2.18016

Abstract

Correctional Institutions as representatives of the government have tried to provide coaching services to prisoners as well as possible. In the context of this guidance, efforts are also made to ensure the fulfillment of the rights of prisoners. This study aims to determine the inhibiting factors of prisoners' rights and their impact at the Class II A Tangerang Youth Correctional Institution on the rights of prisoners in the Class II A Tangerang Youth Correctional Institution. This research is empirical research, where field interviews are conducted with the Youth Prison Class II A Tangerang, then the study of library materials by studying, reading, analyzing and analyzing the literature is also carried out to develop studies related to the title of this research.From the study it can be concluded that the impact of overcapacity in the Class II A Tangerang Children's Prison causes a lack of supervision of inmates, thus interfering with the rights of prisoners. Prisons whose number of prisoners exceed the existing capacity will hamper the functions and goals of the correctional institution and have the potential not to achieve the goals of development within the correctional institution. Various preventions have also been carried out by building new prisons and sending prisoners to prisons that are not classified as overcapacity
REFORMULASI BATAS USIA KEHAMILAN AKIBAT PEMERKOSAAN SEBAGAI SYARAT TINDAKAN ABORSI Alvira Damayant; Ade Adhari
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.v4i2.17947

Abstract

One of the most highlighted sexual harrasment case in the recent time, is the rise of rape against teenager and minors. Most of the victims will experience trauma, psychological disorder and even cause an abortion. The issues in this research is why the gestational age limit as a requirement for Abortus Provocatus Criminalis needs to be revised The research method used is empirical research. Based on the result of this research is that Article 76 letter (a) of the Health Law s an article that needs to be revised by the government. Because for rape victims, 6 weeks is a very short time to provide protection for rape victims to be able to have an abortion.
Co-Authors Adityo Saputra Ahmad Redi, Ahmad Alvira Damayant Amelia Elisabeth Putri Kusuma Anggi Octavelia Putri N Anis Widyawati Calvin Rafly Hadi Pradana Daniel Hasudungan Nainggolan Devi Ulan Dari Edo Bintang Joshua Eliza Della Kanaya Ferdian Soni Ferdinand De Lapasha Gen Yaish Ibrahim Hans Poliman Hutabarat, Rugun Romaida Indah Siti Aprilia Indra Dohara Siburian Jeremy Nicholas Julian Devara Asyraf Lambertus Josua Tallaut Lin Yan Che Margamu Desy Putri Dewi Niella Tasya Ullie Prianto, Yuwono Richard Janwardo Rio Kurniawan Rionardo Farlus Patitan Rizky Setiawan Sheryn Lawrencya Sindi Fitria Tania, Neysa Tundjung Herning Sitabuana Wayan P. Windia