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All Journal Masalah-Masalah Hukum Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama
Tundjung Herning Sitabuana
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Law, Crime, Criminology & Criminal Justice

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CALON PERSEORANGAN DALAM PILKADA (ANALISIS YURIDIS TERHADAP PUTUSAN MK RI NOMOR 5/PUU-V/2007) Tundjung Herning Sitabuana
Masalah-Masalah Hukum Masalah-Masalah Hukum Jilid 42, Nomor 2, Tahun 2013
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2308.993 KB) | DOI: 10.14710/mmh.42.2.2013.204-210

Abstract

Abstract The right to participate in the government is a constitutional right of every citizen of Indonesia, which recognized and guaranteed by Article 27 Paragraph (1), and Article 28 D Paragraph (1) and (3) of the UUD NRI Tahun 1945. Thus, the Putusan MK Nomor 5/PUU-V/2007 which opened the opportunity for individual candidates who meet the requirements (as referred to in Article 58 of UU No. 32 Tahun 2004 tentang Pemerintahan Daerah) to advance in a Pilkada (regional election) is sync with the UUD NRI Tahun 1945. Keywords: individual candidates, pilkada (regional election) Abstrak Hak untuk berpartisipasi dalam pemerintahan adalah hak konstitusional yang dimiliki oleh setiap warga negara Indonesia, yang diakui dan dijamin oleh Pasal 27 ayat (1), dan Pasal 28 D ayat (1) dan (3) UUD NRI Tahun 1945. Oleh karena itu, Putusan MK Nomor 5/PUU-V/2007 yang membuka kesempatan bagi calon perseorangan yang memenuhi persyaratan (sebagaimana diatur dalam Pasal 58 UU No. 32 Tahun 2004 tentang Pemerintahan Daerah) untuk maju dalam Pilkada telah sesuai dengan UUD NRI Tahun 1945. Kata kunci: calon perseorangan, pilkada
PENERAPAN KONSEP WELFARE STATE DALAM PENYELENGGARAAN PELAYANAN PUBLIK DI INDONESIA Sindi Fitria; Tundjung Herning Sitabuana
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.v4i2.13568

Abstract

The concept of Welfare State prioritizes the implementation of community welfare which can be provided through good public services, where it is the right and expectation of every citizen. To construct good public services, the elements that must be fulfilled, such as the element of openness, supervision and justice. Therefore, the state has a role in managing the economy which includes the responsibility to ensure the unity of basic welfare services to a certain level.For that, the state needs cooperative contribution between the government and the society to create good public services. The concept of public services in Indonesia regulated in the Law of Republic Indonesia No. 25 of 2009 concerning Public Services hasn't shown a sufficiently ideal implementation. In fact, the public always demands the best quality service in accordance with what has been determined, especially from government officials, both private as well as others. Even though the results aren't in accordance with their expectations because the publicservices shown thus far seem slow, convoluted, expensive, and exhausting. Therefore, the duty of the state, especially public service providers, is obliged to build public trust in public services in line with the hopes and demands of all citizens and residents in Indonesia.
EFEKTIVITAS PELAKSANAAN PERATURAN DAERAH NOMOR 7 TAHUN 2013 TENTANG PENGELOLAAN SAMPAH DI KABUPATEN KARIMUN, PROVINSI KEPULAUAN RIAU Rosalinda Rosalinda; Tundjung Herning Sitabuana
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.v3i2.10582

Abstract

A clean and healthy living environment is a necessity for all mankind and receives serious attention from all countries including Indonesia. But in reality The condition of garbage disposal in Karimun Regency is very concerning even though the Regional Government of Karimun Regency has issued Regional Regulation Number 7 of 2013 concerning Waste Management. How effective is the Regional Regulation of Karimun Regency Number 7 of 2013 concerning Waste Management in Karimun Regency, Riau Islands Province? This research was conducted by legal research methods for academic purposes.The results of this study, namely the effectiveness of the Karimun Regency Garbage Management Regional Regulation, experienced the highest obstacles in the coaching section, where the Sanitation Office had not succeeded in conducting socialization which then had a sustainable effect, namely the local community was not aware of their rights and obligations when participating in Waste Management in the Karimun Regency area. The central government should carry out a survey to examine the factors that hinder the fulfillment of the Waste Management Regulation. From the survey, it is possible to make improvements to the existing waste management regulations, such as a new socialization mechanism and other provisions such as higher dues.
AKIBAT HUKUM TERHADAP PEMBELI BERITIKAD TIDAK BAIK DALAM TRANSAKSI JUAL BELI TANAH Yoliandri Nur Sharky; Tundjung Herning Sitabuana
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.v4i2.17478

Abstract

This research explains how the criteria of buyers are not good and the legal consequences of buyers have bad intentions in buying and selling land in the case of the 1943K / Pdt / 2019 verdict. The research method used is a normative juridical research method. The data source used is secondary data. Data collection techniques use literature study techniques. The results showed that: 1) land buyers were declared badly intentioned buyers in the case of 1943K / Pdt / 2019 because buying and selling was done not using a legal rights basis because they did not research and be careful in buying and selling land that caused buying and selling contrary to the law, namely unfulfilled Article 1320 of the Civil Code, material requirements and formal conditions of land buying and selling, and did not meet the criteria of buyers with bad intentions according to SEMA No.4/2016. 2) The legal consequences of the buyer in bad faith cause the agreement to buy and sell land until the issuance of the certificate of land rights becomes null and void and has no binding legal force. Conclusion of this study 1) The criteria of buyers with bad intentions is that buyers are not careful and do not research the land purchased, buying and selling using unauthorized rights, rejecting the good faith of the seller, not meeting the requirements of Article 1320KUH Civil, do not meet the material requirements and formal requirements of buying and selling land, and do not meet the criteria of buyers in good faith SEMA No.4/2016.
PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA OUTSOURCING YANG TIDAK MENERIMA JAMINAN SOSIAL TENAGA KERJA (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1308 K/Pdt.Sus-PHI/2017) evita liuswanto; Tundjung Herning Sitabuana
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.v4i1.11077

Abstract

In accordance with the terms found in article 88 and article 99 of Act No. 13 of 2003 concerning Labour, employers are hired to give wages, the social security of the labor to their laborers. In reality many employers who do not comply with the requirement as do outsourcing workers who do not receive the right to receive the social security of labor when they are cut off. The question is how the law protects against outsourced workers who do not receive the social security of labor when they are cut off. To find the answer to that question, the author conducted a study using normative-law researched methods. In this descriptive study, secondary data is obtained through literature studies. After a qualitative analysis, the results indicate that the company as the employer has violated the requirements of labor laws because it does not provide labor security to outsourced labor workers. Thus began the company as the giver has violated preventive protections for outsourcing workers. Related to this the outsourcing of the labor force involved has been using repressive legal protection efforts by mediating through bipartite but failing. Therefore, the outsourcing work force filed a lawsuit with the industrial relations dispute settlement, but since it had also been a failure, the appeal to the Supreme Court was filed. Since the Supreme Court in its verdict also rejected the outsourcing action suit, it is recommended to use the extraordinary legal effort of reviewing new evidence (novum).
PENEGAKAN HUKUM LINGKUNGAN DALAM BIDANG PENGELOLAAN SAMPAH SEBAGAI PERWUJUDAN PRINSIP GOOD ENVIRONMENTAL GOVERNANCE DI KOTA SURAKARTA Verdy Verdianto; Tundjung Herning Sitabuana
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.v4i2.18030

Abstract

Waste management is still a problem which is not yet solved. This research aims to study the problems in waste management in Surakarta. It was a doctrinal/normative legal research using the statute approach, which then analyzed qualitatively. There are laws related to waste management in Indonesia, they are Law number 18 Year 2008 on Waste Management, Law No. 32 of 2009 on the Protection and Environmental Management, and some more. The law enforcement in waste management refers to the legal system i.e. structure, substance, and culture. There are two kinds of waste management law enforcement; preventive and repressive. The effectiveness of the enforcement refers to the combination of structure, substance, and law cultures of the community. The effective law enforcement on waste management also indicates the commitment of the government, both local and national, in applying the principles of Good Environmental Government in order to build community awareness on a good and healthy environment
EFEKTIVITAS PENANGANAN EMISI GAS BUANG PADA KENDARAAN DI JAKARTA (DITINJAU DARI PERATURAN GUBERNUR DKI JAKARTA NOMOR 66 TAHUN 2020 TENTANG UJI EMISI GAS BUANG KENDARAAN BERMOTOR) Ovaldo Noor Hakim; Tundjung Herning Sitabuana
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.v4i1.12020

Abstract

Air has the crucial role to play to all living beings, especially humanity. As ages progress swiftly, cities are racing in terms of the rapid development of its industrial centre. There are no doubts when a city grows more sophisticated, transportation systems are needed more than ever for the intention of facilitating and accelerating citizen’s mobility. As a result of gas emissions from transportation, air has become more polluted from all the uses of transportations. The fact is most citizens lack the will to use public transportation and are more interested in choosing to use their personal transportations. Through the method of  literature, it’s crystal clear that there are a couple of cases that we need to observe, that include 1. The use of a transportation’s appropriateness 2. Transportation’s age 3. The needs of testing gas emission from transportation per period of time 4. Increasing the sum of city forest for the intent of absorbing gas emissions from vehicles 5. Implementing permissions restrictions of the private transportation users 6. Socialize the use of public transportation.
Fungsi dan Peran Badan Perwakilan dalam Sistem Hukum Tata Negara Leona Citra Maranatha; Tundjung Herning Sitabuana
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.v4i2.17474

Abstract

In Indonesia, the state administration system is regulated in the 1945 Constitution, Laws or Government Regulations in Lieu of Laws, Government Regulations, Presidential Regulations, and Regional Regulations. While the power of authority lies at the national level to the lowest citizen group which includes the MPR, DPR, President and Vice President, Minister, MA, MK, BPK, DPA, Governor, Regent/Mayor, to the RT level. These powerful institutions act as representatives of the voices and hands of the people, because Indonesia adheres to a democratic system. The institution is filled by the people of the country who carry out the government of the country. The general understanding of HTN is a set of rules or rules governing state organizations, state equipment, authority of state equipment, relations between state equipment, and the duties and functions of state equipment. The subjects of HTN are State institutions according to the 1945 Constitution (MPR, PRESIDENT, DPR, DPD, Supreme Court, Judicial Commission, Constitutional Court, and Supreme Audit Agency), officials / figures, and citizens. Of the HTN subjects, there are those who act as representative council which have their own roles and functions. The representative bodies in the HTN are the MPR, DPR and DPD. Representative institutions or the so-called parliament generally has 3 functions, the function of legislation, the function of supervision, and the means of political education. As for the function of parliament according to Jimmly Asshidiqie are the legislative function, the supervisory function, and the representative function.
PERBANDINGAN KETENTUAN KEPEGAWAIAN INDONESIA ANTARA UNDANG-UNDANG NOMOR 8 TAHUN 1974 JUNCTO UNDANG-UNDANG NOMOR 43 TAHUN 1999 TENTANG POKOK-POKOK KEPEGAWAIAN DENGAN UNDANG-UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA Joshua Evan Dwitya Pabisa; Muhammad Rullie Febian R; Tundjung Herning Sitabuana
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.v4i2.17479

Abstract

Law is required to always adapt to the times. In this case, employment law, especially in Indonesia, has undergone several changes to follow the dynamics of employment law regulations. Employment law does regulate specifically for civil servants and separates them from private employees. Rules related to employment law are contained in Law Number 5 of 2014 concerning State Civil Apparatus (UU ASN). However, long before the enactment of the Act, the legal basis used in the employment law was Law Number 8 of 1974 concerning the Principles of Employment. This study looks at the differences in the substance that is renewed by the government in the regulation of employment law in order to support more optimal public services. In his research, the author uses a descriptive normative legal research method. This study uses document or literature study techniques. The author then analyzed using qualitative analysis methodss.
PERLINDUNGAN TERHADAP MASYARAKAT DALAM KAITANNYA DENGAN PENYIARAN YANG DILAKUKAN OLEH LEMBAGA PENYIARAN BERBASIS INTERNET Cyntia Estevania; Tundjung Herning Sitabuana
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.v4i2.13648

Abstract

Broadcasting in Indonesia is not only carried out by conventional broadcasters in the form of television and radio, but also by Youtube and Netflix, which are internet-based broadcasting institutions. The refusal of the RCTI application by the Constitutional Court through Decision Number 39/PUU-XVIII/2020, and the non-binding of internet-based broadcasting institutions to the provisions contained in the Broadcasting Law have bad consequences for Indonesia's young generation. The purpose of this study is to determine the regulation of broadcasting in Indonesia, and the protection of the public in relation to broadcasting by internet-based broadcasting institutions. The research method used is descriptive normative law and a law approach. Based on the results of the analysis, broadcasting in Indonesia must be based on Pancasila and the 1945 Constitution of the Republic of Indonesia with the principles, objectives, functions, and directions of broadcasting regulated in the Broadcasting Law. From this research, there is no protection for the viewers of internet-based broadcasting institutions. It is recommended that the government make changes to Law Number 32 of 2002 concerning Broadcasting so that there are regulations on broadcasting carried out by internet-based broadcasting institutions, and the public who view broadcasts of internet-based broadcasting institutions receive legal protection.
Co-Authors Anak Agung Gede Sugianthara Anggian Cassilas arnetta anggrainie santoso Carissa Dianputri Caroline Tresnoputri Christopher David Nagaria Claudia Yosal Cyntia Estevania Darren Marvel Delpedro Marhaen Rismansyah evita liuswanto Firyal Arribah Syafiqoh Humaira Afdini Hylda Myrandha Syabai’ni Joshua Evan Dwitya Pabisa Keyzia Betarli Lengkong Leona Citra Maranatha Meidiana Novriyanti Mikael Brian Muhammad Ramdhan Hananto Muhammad Romy Muhammad Rullie Febian R Ovaldo Noor Hakim Richard Jatimulya Alam Wibowo Rio Kurniawan Riska Andini Hasnabila Rosalinda Rosalinda Sally Dian Nastity Sindi Fitria Verdy Verdianto Yoliandri Nur Sharky Yudith Ridzkia