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Hanafi Tanawijaya
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TANGGUNG JAWAB GANTI RUGI PENGELOLA JASA TERHADAP KEHILANGAN DAN KERUSAKAN KENDARAAN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR: 458K/PDT.SUS-BPSK/2017) Tatiana Imarasha; Hanafi Tanawijaya
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.v4i2.17890

Abstract

Humans are social creatures who will always be in touch and need each other. There are ten basic rights that humans have, namely: the right to live, the right to have a family and continue offspring, the right to develop oneself, the right to obtain justice, the right to personal freedom, the right to security, the right to welfare, the right to participate in government, women's rights and finally children's rights. According to Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia, it is stated that: The State of Indonesia is a State of Law. Based on the contents in this thesis, there is a problem, namely how the legal responsibility of parking service managers in the event of loss and damage to vehicles in the parking area (Case Study: Supreme Court Decision Number: 458K/PDT.SUS-BPSK/2017), further research objectives in this thesis To find out and analyze the form of legal responsibility for parking service managers in the event of loss and damage to vehicles in the parking area based on the case study of the Supreme Court decision number: 458K/Pdt.Sus-Bpsk/2017.
TINJAUAN HUKUM PERJANJIAN YANG TELAH DALUWARSA TERHADAP UTANG-PIUTANG YANG DILAKUKAN DI BAWAH TANGAN BERDASARKAN HUKUM POSITF DI INDONESIA(Contoh Kasus Putusan Pengadilan Negeri Jakarta Pusat Nomor 538/Pdt.G/2014/PN.JKT.PST) Imelda Septy Febrian; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2878

Abstract

In practice, borrowing money is one of the means to get funds needed by humans. However, with the development of the era of borrowing and borrowing, there must be strong evidence to prove that there has been a loan lending event. in practice the agreement is carried out either in writing or by word of mouth or written under the hand, in accordance with the demand for it must be made in the presence of good faith and legal certainty. In making an agreement usually given a predetermined period of time based on the agreement of the parties. And if the agreement has expired the time period has been set then in the agreement the debt is past its term. But in this case the agreement was expired and the creditor had only collected the debt to the debtor for 34 years. What if the creditor collects the debt that has passed this time and in the Islamic law the debt must be paid even though the person who has the debt has died. The author examines this problem by using normative legal research methods supported by interviews with people who are experts in the field of Islamic law and law. In this agreement, it can cause losses to the creditor. As a result, in Article 1362 of the Civil Code, it is said that if a default occurs, there is a compensation.
TANGGUNG JAWAB PENGURUS KOPERASI SIMPAN PINJAM JATENG MANDIRI YANG MENYEBABKAN KERUGIAN TERHADAP ANGGOTA BERDASARKAN UNDANG UNDANG NOMOR 25 TAHUN 1992 TENTANG KOPERASI (STUDI KASUS PUTUSAN NOMOR 45/PDT/2020/PT.SMG)” Tommy Suhendra; Hanafi Tanawijaya
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.v4i2.13575

Abstract

The responsibilities of the savings and loan cooperative management are based on regulations. 25 of 1992 concerning Cooperatives, cooperatives are legal entities established by individuals or cooperative legal entities, with the separation of the wealth of its members as capital for running a business, which fulfills shared aspirations and needs in the economic, social and cultural fields in accordance with the values and principles of cooperatives. . This study aims to find out, how is the responsibility of the savings cooperative management, cooperative member rights, bankruptcy cooperative that causes losses to members based on Law No. 25 of 1992 concerning cooperatives and how the rights of members in the accountability system in savings and loan cooperatives are theoretical framework used by the author here using the theory of legal certainty, justice. , responsibility, cooperative theory The author in answering these problems uses normative legal research methods, the types of materials that the author uses are primary legal materials, secondary legal materials and non-legal materials. From the research data, it is found that many cooperative administrators must be transparent and considered competent in leading so that there is no embezzlement and money laundering crime committed by cooperative management for personal interests and has an impact on defaulting on the members of the cooperative where these members provide capital to the cooperative. Therefore, the members should be more careful in choosing the management of the cooperative and must often hold member meetings which aim to find out the remaining operating results (SHU).”
PELAKSANAAN PERJANJIAN HUTANG PIUTANG ATAS DASAR KEPERCAYAAN (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR:2683 K/Pdt./2016) Sherry Renata; Hanafi Tanawijaya
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.v2i1.5275

Abstract

The agreement as described in Article 1313 KUHPer is, an act of mutual adherence to one or more persons. The most common agreement in society is one of the accounts payable receivables. Receivable debt agreements orally are made solely by the words of the parties. The purpose of this writing is to find out how the settlement of the implementation of the loan receivables agreement contains elements of default. This research is a normative legal research. Type of data used is secondary data in the form of primary legal materials, secondary law materials, and non-law material. Technique of collecting data used is study of literature, instrument of research instrument is the decision of Supreme Court of Republic of Indonesia No: 2683 K / Pdt.2016. The verdict on the case of default, ie between Soekotjo as Plaintiff and Melyani as Defendant. Claimed suicide on the ground has made a default on the verbal debt receivable agreement. Melyani denied the amount of the loan sued by Soekotjo because it was considered inappropriate. However, the judge decides that Melyani performs torture. Oral agreements have the power of law, as long as they are proved to have been made by the parties and have been in compliance with the legitimate terms of the agreement set forth in Article 1320 of the Civil Code.
PEMINDAHAN RUMAH IBADAH DAN FASILITAS UMUM AKIBAT PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL BERDASARKAN UNDANG - UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM F. Kristifani Haryanto; Hanafi Tanawijaya
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.v2i1.5249

Abstract

Serpong-Cinere Toll Road with a length of 10.14 km is part of the Jakarta Outer Ring Road 2 (JORR II) which connects South Tangerang with Depok City that crosses several regions, such as Jombang, Ciputat, Pamulang, Pondok Cabe and Cinere. The construction of this toll road was carried out based on Law Number 2 of 2012 concerning Land Procurement for Development for Public Interest. In the construction of this toll road, it certainly requires land from the people who live around the development toll road so that toll road operators must provide compensation. Compensation for land and buildings for residents is given in the form of money, while compensation for houses of worship and other public facilities is provided in the form of replacement land. Is the mechanism for transferring places of worship and public facilities has been carried out in accordance with Law Number 2 of 2012? Author using normative research methods and doing research by interviewing toll road operators as supporting data. The results of the study indicate that the mechanism for moving houses of worship and public facilities has been carried out according to Law Number 2 of 2012 and other law and regulation, namely Law Number 41 of 2004 concerning Endowments.
TANGGUNG JAWAB PEMILIK KAPAL DALAM PERJANJIAN CARTER KAPAL BERDASARKAN WAKTU DI PT BUANA JAYA PRATAMA (STUDI KASUS PUTUSAN PENGADILAN TINGGI NOMOR: 745/PDT/2016/PT.DKI.) Kenny Jusup; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2233

Abstract

Any activity undertaken by a person in order to fulfill his or her life needs will surely relate and use the treaty law. However, both in the manufacture and implementation of the agreement, did not rule out other human possibilities. therefore, a legal norm is required so that in the process of interpersonal life there is peace and order. The interesting problem to be raised in this thesis is about the misconduct done by PT Haluan Segara Line to PT Buana Jaya pratama. In such cases, there is a contractual relationship between PT Buana Jaya Pratama and PT Haluan Segara Line during the charter lease charter agreement there is a rule to comply with all rules contained in the agreement. So that where the time of the agreement has expired, PT Haluan Segara Line does not want to pay the vessel on the ground that PT Haluan Segara Line does not make an agreement on the lease of the vessel, there was an act of default.
ANALISIS MENGENAI PERTANGGUNGJAWABAN PENGEMBANG RUMAH SUSUN TERKAIT KETIADAAN SERTIFIKAT LAIK FUNGSI MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2011 TENTANG RUMAH SUSUN JUNTO UNDANG-UNDANG NOMOR 28 TAHUN 2002 TENTANG BANGUNAN GEDUNG (STUDI KASUS APARTEMEN PARAMA CILANDAK JAKARTA SELATAN) Octavianna Evangelista; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2267

Abstract

Building Worthiness Certificate is the certificate given by the Regional Government to those buildings that are completely built and already fulfilled all the requirements such as Technical and Administrative Requirements. Building Worthiness Certificate is the evidence to prove that the building is worth on the function. Building Worthiness Certificate is the government's effort to put the safety aspects on the first priority.Based on the Law of the Republic of Indonesia Number 28 of 2002 concerning Buildings, it says the Building Worthiness Certificate must be owned by the developers, with no exceptions to an apartment as it is stated in the Law of The Republic of Indonesia Number 20 of 2011 concerning apartments.Building Worthiness Certificate will be published if all the parameters of the worthiness has been satisfied such as safety, health, comfort and convenience aspects.In fact, the act of the developer has violated the laws. As a result of that, the building of the apartment was on fire. The purpose of this study is to determine the responsibility of the developer as it is the consequence of violating the laws.
KEPASTIAN HUKUM TERHADAP HAK-HAK MANTAN ISTERI PASCA PERCERAIAN (STUDI KASUS PUTUSAN PENGADILAN AGAMA JAKARTA UTARA NOMOR: 299/PDT.G/2021/PA.JU) Aji Ulul Azmi; Hanafi Tanawijaya
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.v4i2.17124

Abstract

The fulfillment of a wife's livelihood does not only apply in marriage, but also after divorce. The problem is that there are often many divorce cases where the rights of ex-wives (iddah and mut'ah) are not fulfilled even though the decision requires them to be paid. This is like what happened in the North Jakarta Religious Court Decision Case Number: 299/Pdt.G/2021/Pa.Ju, so the problem arises how is the legal certainty of the rights of an ex-wife after divorce to the rights of iddah and mut'ah money? and what are the legal remedies if the iddah and mut'ah payments are not carried out in accordance with the North Jakarta Court Decision Number: 299/PDT.G/2020/PA.JU?Based on the analytical study that the ruling in the divorce case in the North Jakarta Religious Court Decision Number 299/PDT.G/2021/PA.JU regarding the rights of the wife after the divorce to the rights of iddah and mut'ah money, has not provided legal certainty, especially in certainty of execution of the judge's decision. This is because the ruling that requires the ex-husband to pay the iddah and mut'ah money has not been received before the divorce pledge is made, causing legal uncertainty, especially for divorced wives. Legal remedies that can be taken by the ex-wife if the iddah and mut'ah payments are not carried out according to the court's decision the means that can be done is to apply for execution at the religious court.
PENERAPAN FUNGSI SOSIAL ATAS TANAH DALAM PENETAPAN TANAH TERLANTAR OLEH BADAN PERTANAHAN NASIONAL (STUDI TERHADAP: KEPUTUSAN KEPALA BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA NO: 14/PTT-HGB/BPN RI/2014) Agripina Agripina; Hanafi Tanawijaya
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 | Full PDF (370.218 KB) | DOI: 10.24912/adigama.v2i1.5237

Abstract

Land is a gift fr0m G0d that must be used t0 fulfill human needs. H0wever there are lands that have been aband0ned by the land right holder for years. Aband0nment of land has been c0mm0nly f0und in many rural areas in Ind0nesia. Aband0ned land is regulated in G0vernment Regulati0n Number 11 Year 2010 0n Disciplining and Emp0werment 0f Aband0ned Land. The land right h0lder is basically prohibited from abandoning the land. However, in case that the right h0lder left the land unused, n0t utilized in acc0rdance with the circumstances 0r the purp0se of granting the rights, it leads t0 legal c0nsequences such as the ab0liti0n of the land rights c0ncerned and the terminati0n 0f legal relati0ns and affirmed as land directly controlled by the state. Acc0rding to Article 6 Act No. 5 Of 1960 C0ncerning Basic Regulati0ns 0n Agrarian Principles, all rights 0n land have a s0cial function. The State can all0cate the aband0ned land f0r public interest c0nsidering land has n0t 0nly ec0nomic values, but als0 s0cial values.
ANALISIS HILANGNYA HAK WARIS BAGI AHLI WARIS ATAS AKIBAT PERBUATAN MELAWAN HUKUM PENGUASAAN HARTA WARISAN SECARA SEPIHAK (Contoh Kasus Putusan No: 601/Pdt.G/2019/PN. Jkt.Pst) Muhammad Hadlisina Hawari; Hanafi Tanawijaya
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.v4i1.12015

Abstract

Inheritance law is a subset of family law that is heavily influenced by social conditions. Indonesia does not have a single inheritance law due to its pluralistic existence. If an heir's inheritance rights are violated, he has the right to sue. The judge agreed not to grant compensation to the defendant in his judgment No: 601/Pdt.G/2019/PNJkt.Pst, and in the case of an act committed by the defendant, he nevertheless received a percentage of the inheritance, despite the fact that the act he committed had already violated the provisions of Article 838 of the Civil Code. Normative analysis was used as a research tool. The findings revealed that an heir who had been found to have committed an act considered unacceptable as described by Article 838 of the Criminal Code should no longer be eligible to inherit. This is the condition where the judge can decide thus, because the case refers to the Civil Law which is a family law which is very likely in terms of its forgiving element. Furthermore, the judge instructed the defendants to prove an illegal act in a criminal context first, so that the facts at the Civil Court trial would be clearer and could be considered by the judge while making decisions in court in a civil context.
Co-Authors Adi Dian Permana Agripina Agripina Aji Ulul Azmi Alifia Nashira Angel Meilenia Ng Arlene . Bred Klenten Brenda Manuel Sasmita Carissa Janice Cecyllia Tamara B. Schouten Degio Verell Seppkio Delvin Akbar Desvia Winandra F. Kristifani Haryanto Fayuthika Alifia Kirana Sumeru Febrian Rizky Firmansyah Geraldus Sulianto Haryati Widjaja Imelda Septy Febrian Jordi Living Gosan Julliues Mulyadi Kenny Jusup Maharesi Trifo Putra Matthew Sebastian Meilivia Winandra Melinda Ijaya Melvina Melvina Michelle Velisia Mika Anabelle Muhammad Hadlisina Hawari Mutiara Indah Parawansa Nicholas Alexandros Octavianna Evangelista Qothrun Nada Ridho Harry Setiawan Rio Aldi Sawsan Yasmine Ohoiwutun Shella Aprillia Sherinne Sherinne Sherry Renata Syihabudin Sya’ban S.P. Tangkas Eka Putra Tatiana Imarasha Tommy Suhendra Vanny Grace Angelina Tampubolon Vincent Stanly Yoki Kurniawan Yolanda Limarta Yoshua Jonathan Saputra Yudhistya Yudhistya Yunita Baransano