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All Journal Unes Law Review JURNAL ILMIAH ADVOKASI Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama
Amad sudiro
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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TANGGUNG JAWAB PT RAILINK TERHADAP KETERLAMBATAN PENUMPANG KERETA API BANDARA Tasia Eda Lestari; Amad Sudiro
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 (741.514 KB) | DOI: 10.24912/adigama.v2i2.6704

Abstract

Transportation in Indonesia has experienced very rapid development, one of which is in land transportation, namely airport trains managed by PT Railink. But in the airport railroad operations there are also problems, namely delays. One of the incidents that occurred was the delay of the airport train with train number 7160 which caused passengers to miss flight schedules and could not fly that day. There is no law that discusses airport railroad, so the Act used still refers to the railroad regulations in general, namely Law 23 of 2007. So the author discusses how PT Railink's responsibility for the delay of airport train passengers. The author uses normative legal methods, interview data and survey results as supporting data. The government has issued a new regulation namely the Minister of Transportation's Regulation of the Republic of Indonesia Number PM 63 of 2019 concerning Minimum Service Standards for Transportation of People by Train, but in this regulation it has not been able to provide sufficient legal protection for passengers for airport train delays.
TANGGUNG JAWAB BADAN NASIONAL PENCARIAN DAN PERTOLONGAN TERHADAP KORBAN KECELAKAAN PESAWAT UDARA DI INDONESIA (Studi Kasus: Kecelakaan Pesawat Udara Lion Air Nomor Registrasi PK–LQP) Ang. T. Michella; Amad Sudiro
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5243

Abstract

Lion Air flight JT610 PK–LQP is the worst airplane accident in 2018, this crashed killed all passengers and crew. The purposes of this research is to examine the responsibilities of National Search and Rescue Agency Republic of Indonesia (BASARNAS) in conducting search and rescue operations for crash victims and how to impose operational costs on search and rescue for these accidents. The method used is the method of normative legal research. Based on research data obtained, the plane crashed was cause by damage of Angle of Attack’s sensor and the aircraft lost its lift power. BASARNAS in this case is responsible for the sense of responsibility, which are required or have any obligation to perform its duties as stated in the decree issued by the government. BASARNAS in conducting search and rescue operations has done their job very well, and in accordance with the provisions of Republic of Indonesia law. Costing search and rescue operations contained in The Republic of Indonesia’s Law number 29 year 2014, the funds from the Indonesian Budget (APBN), Regional Government Budget (APBD), and other funding sources that legitimate and not binding. Search and rescue operations of Lion Air PK–LQP victims conduct by BASARNAS central and used the BASARNAS’s budget, but there were confusion regarding the funds provided for this operation; only BASARNAS issued funds or the airline also provided funds for the operation. As a matter of course aircraft accidents need to form a mandatory insurance rule for search and rescue operations.
TANGGUNG JAWAB PERUSAHAAN PENERBANGAN WINGS AIR ATAS KERUSAKAN BAGASI PENUMPANG BERDASARKAN PERATURAN MENTERI PERHUBUNGAN NOMOR 77 TAHUN 2011 TENTANG TANGGUNG JAWAB PENGANGKUTAN UDARA (STUDI KASUS: PENGADILAN NEGERI MEDAN NOMOR 665/PDT.G/2018/PN MDN.) Josua Tarigan; Amad Sudiro
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.v4i2.17135

Abstract

When transporting by airplane, sometimes passengers are faced with unpleasant things related to lost/damaged baggage. The problems faced are how legal protection is for airline passengers in the event of baggage damage and what is the responsibility of the Wings Air airline for damage to passenger baggage based on Law Number 1 of 2009 concerning Aviation (Case Study: Medan District Court Number 665/Pdt.G /2018/PN Mdn.). The research method used in writing this thesis is normative juridical law research. The results of the study indicate that legal protection for passengers using flight services who experience damage/loss of goods, passengers can submit a claim to the airline as a provider of air transportation services, where passengers who experience losses have the right to choose legal remedies that will be used as dispute resolution. In Indonesia, the laws or regulations governing air transportation adhere to the principle of presumption of liability. The form of airline legal responsibility for loss/damage of checked baggage in air transportation is carried out by airlines by providing compensation as stipulated in Article 5 paragraph (1) of the Minister of Transportation Regulation No. lost/damaged in accordance with applicable regulations.
PERTANGGUNGJAWABAN BANK ATAS PELANGGARAN KERAHASIAAN DATA PRIBADI MILIK NASABAH YANG DILAKUKAN PEGAWAI BANK BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 10 TAHUN 1998 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 7 TAHUN 1992 TENTANG PERBANKAN Merta Merta; Amad Sudiro
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.v4i1.11245

Abstract

In conducting business activities, especially in banking, there are regulations whereby banks must provide correct, clear and honest information regarding the conditions and guarantees of goods and / or services as well as provide explanations for the use, repair and maintenance and also must not leak customer personal data. However, there is still leakage of customer personal data by bank employees. The main issues are: 1) How is the bank accountable for the confidentiality of customer personal data carried out by bank employees based on Law of the Republic of Indonesia Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking? 2) How to take legal remedies by customers for the management of confidentiality of customer personal data by bank employees based on Law of the Republic of Indonesia Number 10 of 1998 concerning Amendments to Act Number 7 of 1992 concerning Banking? The researcher examines the problem using normative legal research methods and uses an invitation-only approach, a case approach and a conceptual approach. Data from the incident research show that Maybank Indonesia must be responsible for the losses incurred by Winda D Lunardi as a customer. Maybank Indonesia should have provided clear and complete information to customers.
TANGGUNGJAWAB MASKAPAI PENERBANGAN LION AIR TERHADAP HILANGNYA BAGASI TERCATAT DALAM PERPSKETIF UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN JO PERMENHUB NOMOR 77 TAHUN 2011 (STUDI KASUS PUTUSAN NOMOR 6/PDT.G.S/ 2018/PN.DPS) Fani Ali; Amad Sudiro
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 | DOI: 10.24912/adigama.v2i2.6908

Abstract

Enjoying trips using the air transport fleet is one of the modes of transportation that is quite in demand because of the short travel time. However, problems sometimes arise because passenger luggage is lost or damaged during the trip resulting in passenger losses. As happened in the case of a Lion Air passenger suit for loss of baggage containing passenger luggage. The judge in his decision stipulated compensation that according to the victim was not commensurate with the total value of the loss so that the problem arose as to how the responsibilities of Lion Air flights as a carrier for the loss of belongings of passengers in baggage were recorded according to Law Number 1 of 2009 concerning flights? How to settle compensation for checked baggage lost during flight in Indonesia? This research uses normative legal research. Based on the results of the study, Lion air is responsible for the loss of luggage belonging to passengers in the checked baggage based on the provisions of Permenhub No.77 of 2011 Article 5 paragraph (1) letter a and based on the judge's decision that grants some of the plaintiff's demands that adopt a limited liability model (presumption of liability) and provide sanctions requiring compensation with a number determined by Permenhub No. 77. Settlement used in this case the plaintiff uses litigation settlement and in this case the settlement of compensation still refers to the judge's decision.
TANGGUNG JAWAB PENGUSAHA KAPAL ATAS TABRAKAN KAPAL MT SAMUDERA BIRU 168 DENGAN KAPAL MV ROKAN PERMAI BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN (STUDI KASUS: PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR 315/PDT.G/2019/PN.SBY) Yohanes Richardson Braventa; Amad Sudiro
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.v4i2.13637

Abstract

The seaworthiness of the ship is very much needed because of the many great dangers that will befall the ship with all its contents. Ships that are already in the middle of the ocean, then the ship can be threatened by the dangers caused by rolling waves that cause ship accidents. The problem faced is how is the responsibility of the MV Rokan Permai ship owner for the fire of the MT Samudera Biru 168 Ship due to the collision between the MV Rokan Permai Ship and the MT Samudera Biru 168 ship based on Law Number 17 of 2008 concerning Shipping and how to compensate the victims who suffer losses in the collision of the ship. The research method used is a normative juridical research method. The results show that in the case of a ship collision/collision, the carrier is responsible for the destruction, loss or damage of the goods being transported since the goods are as regulated in Article 40 of Law Number 17 of 2008 Shipping. The settlement of compensation for victims who suffered losses in the ship accident refers to Article 100 paragraph (3) of Law 17 of 2008 concerning Shipping. Regarding the party responsible for the collision accident resulting in a fire, of course there are parties who are responsible. Relevant parties must be responsible in accordance with the authority and responsibility, not only the captain who applies when piloting the ship, but also the carrier company.
AKIBAT HUKUM PEMBATALAN SEPIHAK MASKAPAI LION AIR YANG MERUGIKAN PIHAK PENUMPANG BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN (STUDI KASUS ATAS PUTUSAN NOMOR 471 PK/PDT/2017). Andreas Even Limarus; Amad Sudiro
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.v4i2.18003

Abstract

Indonesia has thousands of islands, therefore transportation is needed that can cross the island, one of which is an airplane, this transportation is very much needed to travel anywhere but airlines in Indonesia sometimes make negligence that harms passengers. legal consequences of unilateral cancellation by Lion air airline against passengers. 471 PK/PDT/2017 In the case of legal consequences of unilateral cancellation of Lion Air Airlines which are detrimental to the Passengers based on Law Number 1 of 2009 concerning Aviation. Researchers use the normative method that is based on the law. To regulate the responsibility of the researcher, the focus is on Law Number 1 of 2009 concerning Aviation and the Civil Code. The data and theory used by the researcher shows that there are errors that arise from the airline, where passengers come to the airport and when they want to check-in and when they want to check-in other passengers cannot fly because of the full capacity of the aircraft. We recommend that if there are no urgent circumstances from physical limitations, there is no need to provide a check-in queue which makes check-in impossible
PERLINDUNGAN HUKUM BAGI DRIVER OJEK ONLINE TERHADAP PEMBATALAN SEPIHAK OLEH KONSUMEN YANG TIDAK BERITIKAD BAIK Sinthiarahma Felyna Megawati; Amad Sudiro
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10616

Abstract

Legal protection seeks to provide protection to parties whose rights and obligations have been harmed. The use of application-based online transportation is very much needed, the presence of Gojek with various services, one of which is Go-Food. Food delivery service for consumers. In its implementation, consumers who do not have good intentions occur when the food has been paid for. How is the legal protection for online motorcycle taxi drivers against unilateral cancellation by consumers who do not have good intentions based on law number 8 of 1999 concerning consumer protection? The author uses normative legal research methods and uses interview data as a support. The results of the study reveal that as drivers who experience losses due to the cancellation are entitled to legal protection and PT Gojek Indonesia as the application provider is also responsible for these losses even though the contents of the agreement have a transfer of responsibility. As a result, it is not clear which party can be responsible for the losses suffered by drivers. The explanation should have known the severe responsibility of the parties, which is clearly regulated in the partnership agreement between PT Gojek Indonesia and the driver which was made with mutual consent regarding the forms of responsibility and legal protection that drivers get.
ANALISIS PERJANJIAN KERJA WAKTU TERTENTU PADA CV. BINTANG PRATAMA WIDYA TEKNIK BERDASARKAN UNDANG – UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI PUTUSAN PENGADILAN NEGERI BANDUNG NOMOR 88/PDT.SUS-PHI/2020/PN BANDUNG) Chevita Natalie Vania; Amad Sudiro
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10585

Abstract

CV. Bintang Pratama Widya Teknik hired 4 workers or laborers with Fixed Term of Labor Contract verbal agreement (without written agreement). These 4 workers have worked for 5 to 9 years and eventually got fired. When they were working there, they got a lower salary than the minimum wage of the city domicile. Also they didn't get BPJS for health and employment. The workers also got fired without following the Labor's Law. According to Labor's Law number 13 of 2003, agreement of employment must be made in writing and the period of the agreement is just 2 years with an additional 1 year for seasonal job. These 4 workers filed a lawsuit to the State Court Bandung and according to Labor's Law number 13 of 2003, the court has decided that CV. Bintang Pratama Widya Teknik has to rehire those workers in a written agreement for an uncertain time. The dismissal was also canceled because it didn't in accordance with the law. The company has to pay those workers in accordance with their rights during their dismissal period.
TANGGUNG JAWAB PENGELOLA TEMPAT WISATA TERHADAP KERUGIAN KONSUMEN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI PUTUSAN NOMOR 186/PDT.G/2018/PN.MLG) Tara Ulina Ginting; Amad Sudiro
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10617

Abstract

The consumer protection law that regulated in by the law number 8 of 1999 concerning consumer protection. rights and obligations of consumers as well as responsibilities of business actors are part of it. If a consumer experiences injuries to his body parts that cause his rights and obligations to be harmed, that is where the law must be enforced fairly. so that the relationship between consumers and business actors is mutually binding. so that the implementation of responsibility for managing tourist attractions against consumer losses can be resolved. There are 4 forms of responsibility, namely product responsibility, clear honesty and accurate information, protecting consumers well, providing quality goods and services, providing appropriate forms of compensationLaw number 10 of 2009 concerning tourism regulates how the rights of each tourist contain accurate information about tourist attractions, tourism services in accordance with standards, legal protection and security, health services, protection of personal rights and insurance protection for tourism activities high risk.
Co-Authors Alvin Agung Wicaksono Andreas Even Limarus Ang. T. Michella Arthuro Richie Gunawan Chevita Natalie Vania Dimitri Ilyasa Fani Ali Farhan Zarbiyani Ghina Ramadhania Poetri Gunard LIe Immanuel Yoan Jenny Alvita Joelian Rezky Utomo Josua Tarigan Lailatul Uzni Leviana Rachel Merta Merta Nicholas Rachmanata Pius Nifatere Jokhe Sinthiarahma Felyna Megawati Suwinto Johan Tara Ulina Ginting Tasia Eda Lestari Wisye Anabella Alexandra Tumengkol Yohanes Richardson Braventa Zanuba Arifa Khafsof ZM