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All Journal Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama
Ahmad Redi
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Law, Crime, Criminology & Criminal Justice

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Journal : Jurnal Hukum Adigama

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KEPASTIAN HUKUM KEPEMILIKAN SURAT IZIN GANGGUAN BIDANG USAHA MUSIC ENTERTAINMENT ATAU MUSIC STADIUM DITINJAU BERDASARKAN PERATURAN GUBERNUR NOMOR 101 TAHUN 2013 (STUDI PUTUSAN: PUTUSAN MAHKAMAH AGUNG NOMOR 2430K/PDT/2018) Indi Bintang; Ahmad Redi
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.v2i2.6911

Abstract

One of legal issue of business licensing occur in the Supreme Court Decision Number 2430 K/Pdt/2018 which basically contains a civil dispute between the Management of PT Wahana Agung Indonesia Propertindo (WAIP) with PT Mata Elang International Stadium (MEIS). In the judge's legal considerations, PT MEIS was declared default because during the holding of the concert / event in the room rented from PT WAIP, they still didn/t have the nuisance permit. But in their legal considerations, the Panel of Judges wasn’t careful enough in determining the legal basis. Then how is the legal certainty regarding to the possession of the nuisance permit in the field of music stadium business? How does the Government play a role in a way to overcoming uncertainty in the aspects of business licensing nowadays? To answer both questions, the author uses a normative research method, supported by statute approach and case approach. Legal certainty has not been achieved because there is an inaccuracy because the Panel of Judges didn’t consider the Governor Regulation of the Jakarta Special Capital Region Number 101 of 2013 which is an implementation instruction from Regional Regulation of the Jakarta Special Capital Region Number 15 of 2011. wherein the Governor Regulation of the Jakarta Special Capital Region Number 101 of 2013 further stipulates the terms of business locations that require a nuisance permit and concerning the nuisance criteria referred to in both of the legal regulations, and when referring to the provisions regarding the business location and the nuisance criteria referred to, PT MEIS doesn’t require an nuisance permit in conducting their business.
PELAKSANAAN PENYALURAN ZAKAT OLEH BAITUL MAL ACEH SEBAGAI PENDAPATAN ASLI DAERAH DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2006 TENTANG PEMERINTAHAN ACEH Ristyana Tri Hastuti; Ahmad Redi
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.v1i1.2201

Abstract

Aceh is a province in Indonesia granted with a special authority to govern and manage its own government affairs. Among the special authorities is to include zakat into the locally-generated revenues. The provisions of zakat as locally-generated revenues are set out in Law No. 11 of 2006 on Aceh Government. The Baitul Maal is established by the Qanun to manage the zakat funds. The currently emerging issue is Article 10 of Governor Regulation No. 2015 stating that zakat can be distributed prior to the passage of APBA (Aceh local budget). The central issues are whether zakat can be distributed without passing through the APBA mechanism and what is the ideal arrangement for the zakat. The present study used the normative research method by utilizing secondary data supported by interviews. Results showed that the zakat funds could not be distributed prior to the approval of APBA since the officials in charge of it were reluctant to act accordingly.  Furthermore, zakat should ideally be regulated to be special  locally-generated revenues, rather than including it into the locally-generated revenues, in order not to delay its distribution.
KOMITMEN INDONESIA DALAM PARIS AGREEMENT BERDASARKAN UNDANG-UNDANG NOMOR 21 TAHUN 2014 TENTANG PANAS BUMI Handi Herawan; Ahmad Redi
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.v4i2.13640

Abstract

The adverse impact of climate change is a major threat to human life and the environment, therefore it is the duty of the State to protect its citizens. Indonesia is one of the countries that signed the Paris Agreement on 22 April 2016, The Paris Agreement is in the United Nations Framework Convention on Climate Change (UNFCCC) on greenhouse gas emission mitigation, adaptation, and finance in Paris in 2015. Indonesia's role in the Paris Agreement convention is committed to reducing greenhouse gas emissions by 29% under any effort or business as usual (BAU) by 2030 and can be increased to 41% with international cooperation. The binding power of the Paris Agreement convention is based on the principles of International Law Pacta sunt servanda. The legal basis for pacta sunt servanda is regulated in Article 26 of the 1969 Vienna Convention on the Law of Treaties, in Article 26 pacta sunt servanda means that every treaty in force is binding on the countries that are members of the treaty and must be implemented in good faith. Indonesia has laws and regulations for the formation or development of geothermal energy or environmentally friendly renewable energy related to the Paris Agreement convention, one of which is Law number 21 of 2014 concerning geothermal energy.
PERLINDUNGAN LUMBA-LUMBA SEBAGAI SATWA LANGKA YANG DILINDUNGI DARI TINDAKAN PENEMPATAN DAN ATRAKSI HIBURAN YANG TIDAK SESUAI Vivian Fanny; Ahmad Redi
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.v1i1.2274

Abstract

The emerging of entertainment development in Indonesia, increasing number of tourists is one aspect for the world entertainment competition. The increasing insistence and urge in the world of entertainment making the business perform a variety of ways in order to survive and able to compete in the competition. One of the example is the dolphins entertainment, they do a lot of tricks and do interact directly to human. Apart from all the entertainment that we get as the consumer, we do not know how the way dolphins suffer of to do all the orders given for the tricks, to do the direct interaction without injuring humans. All things they went through was a hard painfuly and unpleasant process. As a protected species, the care maintenance and ownership rules should be followed for the sake of the animal welfare. The protection of dolphins entertainment considered as important and should be monitored according the rules to avoid animal abuse.
PERAN DAN FUNGSI SATUAN POLISI PAMONG PRAJA (SATPOL PP) DALAM PENEGAKAN PERATURAN DAERAH KOTA TANGERANG NOMOR 7 TAHUN 2005 TENTANG PELARANGAN PENGEDARAN DAN PENJUALAN MINUMAN BERALKOHOL Andreas Dharma Putra Dori; ahmad redi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Liquor is a drink that contains ethanol, which is a substance if consumed will have an impacton the level of consciousness (drunk). Consuming alcoholic beverages can endanger health,physically and spiritually, disrupt security and public order, and threaten life. In Indonesia, thesale of alcoholic beverages is limited to those who are 21+ years old, their circulation is quitestrict and monitored by the state. However, in the city of Tangerang there are still so many illegalliquor circulations. The problems that arise are about what factors influence the prohibition of thedistribution of alcohol in the city of Tangerang, and what ef orts have been made by the Satpol PPin enforcing the Tangerang City Regulation No. 7/2005 concerning the Prohibition of Distributionand Sales of Alcoholic Beverages. The type of research used is empirical-normative, the researchspecification is descriptive, the data collection technique is primary data with literature studytechniques and secondary data with interview techniques, the type of research approach is thestatutory approach (statue approach), and conceptual approach (conceptual approach). Satpol PPhas taken many actions in enforcing this regional regulation, including; (1) socialization, (2)cooperation with the community, (3) supervision and control, (4) confiscation, and (5)extermination. From the data on alcohol confiscation and destruction for the last 2 years, therewas an increase from 3,140 bottles to 4,837. It is clear that the Tangerang City Satpol PP hascarried out its duties properly and correctly in accordance with the applicable Standard OperatingProcedure.
TINJAUAN KONSTITUSIONAL KEUANGAN NEGARA DALAM KEPAILITAN BADAN USAHA MILIK NEGARA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 43 PK/PDT.SUS-PAILIT/2019) Benny Andreas Sinaga; Ahmad Redi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

This study discusses the constitutional review of state finances in the bankruptcy of State-OwnedEnterprises through the case study of the Supreme Court Decision Number 43PK/PDT.SUS-PAILIT/2019 relating to the review of the bankruptcy of PT Kertas Leces. In Bankruptcythere are special provisions relating to the bankruptcy of State-Owned Enterprises, namely if aState-Owned Enterprise is engaged in the field of public interest, the Minister of Finance can only suefor bankruptcy. Meanwhile, for State-Owned Enterprises that operate privately or in the form of aLimited Liability Company, the creditors can go bankrupt. Bankruptcy in the State-Owned Enterprisesthen gave birth to problems in the perspective of state finances. State financial status in State-OwnedEnterprises is a separate state finance. However, there is an antinomy of meaning between the 1945Constitution and the State Finance Law, so that one and the other are contradictory. This study foundthat there is a dif erence in meaning between the meaning of separated state finances in the 1945Constitution and the State Finance Law which lies in the extent of the meaning of separated statefinances. However, based on the development of practice and the opinion of experts, the meaning ofseparated state finances is a broad meaning as regulated In the Law on State Finances, it was furtherdiscovered that the state cannot be bankrupt because the state assets in BUMN are assets that havebeen separated.
Co-Authors Agatha Lafentia Andreas Dharma Putra Dori Arief Hidayat Benny Andreas Sinaga Cagla Yasemin Goren Gunardi Gunardi Handi Herawan Indi Bintang Lewiandy Lewiandy Luthfi Marfungah Malvin Edi Darma Michelle Prawira Muhammad Jodi Wiranto Rayhan Fiqi Fansuri Ria Evarini Natalia Ristyana Tri Hastuti sandra carmelita Santi Wulandari Twini Nurul Ariestiani Vania Safira Putri Vivian Fanny