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INDONESIA
Ajudikasi : Jurnal Ilmu Hukum
Published by Universitas Serang Raya
ISSN : 26139995     EISSN : 26140179     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Adjudication: Journal of Law for contains a research results and studies in various fields of legal science. Journal adjudication is published 2 (two) times a year in June and December. Journal adjudication has been registered at the Scientific Documentation and Information Center (Pusat Dokumentasi dan Informasi Ilmiah - PDII) of the Indonesian Institute of Sciences (Lembaga Ilmu Pengetahuan Indonesia - LIPI) with ISSN Number 2613-9995 (print) and 2614-0179 (online). The manuscript published in the journal of adjudication will be published by Faculty of Law of Universitas Serang Raya, both printed and online through the Open Journal System (OJS) at http://e-jurnal.lppmunsera.org
Arjuna Subject : -
Articles 84 Documents
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Arah Politik Hukum Nasional Terhadap Kesejahteraan Sosial Dalam Kerangka Konstitusi Ekonomi Di Indonesia Fuqoha Fuqoha
Ajudikasi : Jurnal Ilmu Hukum Vol. 5 No. 2 (2021): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v5i2.4203

Abstract

Economic constitution has become a new idea within the constitutional framework as the basic foundation for the development of the national and global economy. National economic policies in the context of realizing social welfare must be able to guard and control the national economic system. Apart from the legal politics policy and the government's power in determining the direction of national policy, the conception of the economic constitution as the basic foundation must be realized. This study intends to describe the politics of national law and the concept of economic constitution in realizing social welfare. This research method uses normative juridical research using an exploratory descriptive analytical approach. The characteristics of national legal politics in practice still influence the realization of national economic policies, even though it has implied the concept of an economic constitution in the 1945 constitution. Social welfare, which is the goal of the state, becomes a political tool for national law through a national economic system that cannot be separated from political power.
Tanggung Jawab Prinsipal Terhadap Konsumen Dalam Perjanjian Keagenan Dan Distributor Sudjana Sudjana
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 1 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i1.4334

Abstract

This study aims to determine the Legal Existence of Agency and Distributor Agreements in the Civil Law Perspective and Principal Responsibilities to Consumers in Agency and Distributor Agreements. The research method used is a normative juridical approach, the research phase is a literature study, data collection technique is through document studies and normative qualitative data analysis. The results of the study show that the existence of an Agency and Distributor Agreement in the Civil Law Perspective is an anonymous agreement and is categorized as a power of attorney although not entirely because it is more of a fiduciary relationship, while the distributor agreement is basically a sale and purchase agreement as regulated in Article 1457 until Article 1540 of the Civil Code, so that the distributor is not the power of the principal but acts on his own behalf. The principal is responsible for consumers who feel aggrieved in the agency agreement based on the principle of absolute responsibility because the agent acts in the interests of the principal, so that the agent is not responsible for losses incurred on the consumer's side due to the use of goods and services produced by the principal unless the agent exceeds his authority or changes goods that are the object of the agreement based on the principle of presumption of responsibility are not always guilty. The principal in the distributor agreement is not directly responsible for consumers who have a legal relationship with the distributor, except for product defects through the principle of presumption of not always being responsible. The distributor acts on his own behalf, not on the principal's orders, so that the distributor is responsible if the consumer feels aggrieved based on the presumption of always being guilty.
Kajian Hukum Pencemaran Lingkungan Udara Berkaitan Dengan Usaha Mikro Kecil Dan Menengah Di Kabupaten Cirebon Silviyah A’delina; Endang Sutrisno; Alip Rahman; Sudarminto Sudarminto
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 1 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i1.4391

Abstract

The existence of human life is very dependent on environmental conditions. Thus the environment has an important role in the survival of the community. However, humans need an effort as an effort to maintain life. The existence of micro, small and medium enterprises (Usaha Mikro, Kecil, dan Menengah/UMKM) is the largest part of the national economy. In Cirebon Regency itself there are still economic activities that cause air pollution. How is the implementation of the policy of the Cirebon Regional Government in an effort to overcome air pollution based on the scale of micro, small and medium enterprises based on Law Number 32 of 2009 and what is the implementation of sanctions by the Regional Government of Cirebon in overcoming air pollution. The purpose of this study is to determine the policies and implementation of sanctions carried out by the Cirebon Regency Government in overcoming air pollution. This research method is a normative juridical research, through a law approach and then described in an analytical descriptive manner. Regional Government of Cirebon carries out an environmental pollution program to tackle air pollution through two major sub-districts, namely first measuring air quality to find sources of pollution, second controlling pollution and environmental damage. The application of sanctions by the Environmental Service to perpetrators of air pollution has not yet resulted in criminal sanctions because they do not yet have an Environmental Supervisory Officer. Sanctions carried out by the Office are administrative sanctions or commonly called reprimands. Regional government of Cirebon requires business owners to have UKL-UPL permits which are used as the basis for environmental permits. The government is also obliged to protect the environment in the regional of Cirebon.
Status Hukum Resolusi Dewan Keamanan PBB Dalam Ranah Hukum Nasional Indonesia Sheeva Amadea Ratu; Siti Resnawati; Afandi Sitamala
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 1 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i1.4553

Abstract

The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN), charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter. Its powers include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with the authority to give a binding resolution on member states. This research shows that the Security Council as the major of the United Nations has the main task of maintaining international peace and security as mandated in the United Nations Charter. Actions that can be taken by the Security Council are to investigate any dispute that is deemed to be a threat to international peace and security, provide recommendations on method of how to dispute contention, and take action against aggression. In carrying out its functions, the Security Council need to move accordingly to the provisions of the United Nations Charter and applying the international law principles in particular, the principle of peaceful and fair settlement of a dispute. With the existing resolution, each country must adopt every resolution to regulate it in their country include Indonesia.
Kajian Yuridis Pertanggungjawaban Pidana Terhadap Praktik Jual Beli Akun Ojek Online Claudia Theophilia; Tantimin Tantimin
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 1 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i1.4573

Abstract

The digital economy is the part of the economy that enables and conducts trade in goods and services through electronic commerce on the Internet. It is also referred to as the internet economy or online economy, because many digital service providers use the internet to provide services to end users including online motorcycle taxis. The internet-based online motorcycle taxi business makes it easy for passengers who need transportation. With just one click on the smartphone and having the application of that system, then one can order a motorcycle taxis and taxis, even now, there are many new features, namely online food ordering and online services. However, in addition to the convenience, there is a practice of buying and selling accounts by drivers that can harm passengers. The purpose of this paper is to find out how the criminal liability for the practice of buying and selling motorcycle taxi accounts online. The research method conducted by the author is a qualitative normative research. The results show that the working relationship between the driver and the application provider is a mutually beneficial partnership relationship. The application provider prohibits account buying and selling transactions, thus the sanctions that can be given to perpetrators are suspension and breaking up of partners. Meanwhile, criminal liability by the perpetrator can be charged under Article 35 jo. Article 51 paragraph (1) of The Electronic Information and Transaction Law.
Perlindungan Hukum Terhadap Konsumen Makanan Impor Tanpa Izin Edar Yang Dijual Melalui Aplikasi Shopee Alda Meydiyana Sagita; Arikha Saputra
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 1 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i1.4670

Abstract

Imported food is a processed food originating from abroad which is widely sold through e-commerce, one of which is shopee, the needs and demands of the public, especially in Indonesia for imported food products, make business actors continue to increase the number of products and variations of imported food products traded. However, many imported foods sold through e-commerce shopee do not have a distribution permit from BPOM. Therefore, it is necessary to protect the rights of consumers of imported food as regulated by Law Number 8 of 1999 concerning Consumer Protection. Writing this scientific journal aims to increase understanding of the importance of legal rules that protect consumers on imported food without a distribution permit and to know the form of supervision carried out by BPOM Semarang City on imported food sold through e-commerce shopee. This study uses a normative juridical legal research method with a statutory approach and a fact approach. The types of data and sources used in the research are primary data in the form of direct interviews with BPOM Semarang City in the field of prosecution and secondary data in the form of laws and regulations, books, journals and research results. From the results of the study, it can be concluded that the implementation of legal protection for consumers for imported food products sold through shopee e-commerce has not been effectively implemented because there are still many imported food products without a BPOM distribution permit that are sold through shopee e-commerce and do not comply with security requirements. to be consumed. The requirement for security is in the form of an obligation to have a distribution permit, which is in accordance with Article 91 paragraph (1) of Law Number 18 of 2012 concerning Food which states "In terms of supervision of safety, quality and nutrition, any processed food made domestically or imported for traded in retail packaging, food business actors are required to have a distribution permit”. This is in line with the policy contained in Shopee's e-commerce that it is not allowed to have food without a distribution permit in accordance with the policies that have been applied to the list of prohibited goods and are limited in point (iv) which reads "food and beverages that endanger the safety of its users, or not. having a distribution permit from the Food and Drug Supervisory Agency (BPOM) the seller is not allowed to register food and food-related goods on the shopee site", in addition to the policy given by shopee, BPOM will also carry out Cyber ​​Patrol supervision.
Tinjauan Kewajiban Dan Perlindungan Hukum Oleh Penyelenggara Platform Equity Crowdfunding Dalam Aplikasi LandX Astrid Athina Indradewi; Carissa Amanda Siswanto; Jeffrey Hadi Soejono; Leonardo Caesar Haryono; Meyfa Angelita Elisabeth Mangkang
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 1 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i1.4680

Abstract

The presence of internet technology has provided many benefits and conveniences in human life. Technological advancements in the financial sector are also inevitable. One of the digital financial innovations in the financial services sector is crowdfunding. Equity crowdfunding is an activity to raise funds from the public using the internet as the media. Equity Crowdfunding or Information Technology-Based Crowdfunding Service has been regulated in POJK Number 57/POJK.04/2020 concerning Crowdfunding Services Through Information Technology-Based Stock Offerings. This mechanism provides opportunities and alternatives for entrepreneurs to obtain funding for their businesses. One of the providers of equity crowdfunding platforms in Indonesia is PT. Numex Technology Indonesia is a legal entity because it has fulfilled the requirements of POJK Number 57/POJK.04/2020 and registered with the Ministry of Communication and Information through the LandX application as well as is licensed and supervised by OJK and the Ministry of Communication and Information with the list number 001199.01/DJAI.PSE/07/2021. Through the LandX application, the financier and the property developer can meet in civil legal relations to buy and sell shares. When it can be proved that the organizer violated the financier's rights, then the organizer can also be liable based on default or tort law as stipulated in the Indonesian Civil Code. The high enthusiasm of Indonesian citizens for investment supported by the ongoing national and global economic recovery must inevitably be supported by protection for the risks that may arise. This research aims to analyze the mechanism of use, obligations, and legal protections by equity crowdfunding platform providers in LandX applications. This research uses normative juridical methods with a statutory approach and a conceptual approach.
Konsep Kekayaan Intelektual Komunal Atas Ekspresi Budaya Tradisional Seren Taun Kasepuhan Cisungsang Kabupaten Lebak Inge Dwisvimiar
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 1 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i1.4694

Abstract

Indonesia is rich in various kinds of arts and culture. One of them is traditional culture which is a cultural heritage that has been passed down from generation to generation from the previous generation to the current generation. In this regard, legal protection of intellectual property is very important, especially regarding traditional cultural expressions. The research entitled Communal intellectual property for traditional cultural expressions (EBT) Seren Taun Kasepuhan Cisungsang aims to know, understand, and analyze the concept of communal intellectual property (IP) legal protection against Traditional Cultural Expressions (EBT) Seren Taun Kasepuhan Cisungsang in Lebak Regency and the factors which affects the legal protection of intellectual property against the Traditional Cultural Expression (EBT) of Seren Taun Kasepuhan Cisungsang in Lebak Regency. The research method uses qualitative descriptive analytical methods. Refers to law and regulations and references/literature that are carried out offline or online using primary, secondary and tertiary data as legal material. The results of the research on Communal Intellectual Property on Traditional Cultural Expressions of Seren Taun Kasepuhan Cisungsang in Lebak Regency have not been carried out properly and effectively. One of the contributing factors is that the Kasepuhan party is only aware of, but has not yet understood the importance of carrying out protection, inventory and documentation in the context of legal protection through collaboration between the government, Kasepuhan parties and related partie.
Analisis Perubahan Ketiga Undang-Undang Mahkamah Konstitusi Ditinjau dari Perspektif Pembentukan Peraturan Perundang-Undangan Di Indonesia Ahmad Yusup
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 2 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i2.4464

Abstract

The third amendment to the Constitutional Court Act drew a lot of criticism, especially regarding the urgency of the change, considering that the Constitutional Court Law is not included in the priority prolegnas in 2020. There are two issues of the third amendment to the Constitutional Court Law that are highlighted in this article, namely, The Material Analysis of the Third Amendment to the Constitutional Court Law is based on the Regulation on the Formation of Laws and Regulations and the Formal Analysis of the Third Amendment to the Constitutional Court Law In terms of the Law on the Formation of Laws and Regulations. The research method used is a type of normative research. The approaches used in this study are the statute approach, case approach and concept approach using prescriptive analysis. The results of the analysis show that (1) Materially, the Third Amendment to the Constitutional Court Law is based on the Regulation on the Establishment of Laws and Regulations, it is noted that the Third Amendment to the Constitutional Court Law has defects in its amendments, namely regarding the minimum limit of age to be able to become a constitutional judge and regarding the abolition of the period of periodization of constitutional judges which is considered contrary to the constitution or unconstitutional. and (2) Formally, the Third Amendment to the Constitutional Court Law In view of the Law on the Establishment of Laws and Regulations of the Constitutional Court Law, the third amendment has been formally flawed in its amendments, where there are several provisions that are not in accordance with the format of preparation as intended in Law Number 12 of 2011 jo Law Number 15 of 2019 concerning the Establishment of Laws and Regulations (P3 Law).
Dinamika Kedudukan Hukum Jaksa sebagai Pengacara Negara Pasca Undang-Undang Kejaksaan Wahyu Donri Tinambunan; Galih Raka Siwi
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 2 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i2.4586

Abstract

The paradigm of society against the institution of the Indonesian Prosecutor's Office is generally only in criminally charged cases only. This is because, the role of the Prosecutor is quite central in the criminal law enforcement process. This research uses normative juridical methods by reviewing primary and secondary legal materials, which are then processed and presented to solve the problems that the authors raised in this study. The results and discussion showed, the Prosecutor is not only what is commonly known in the criminal domain, namely the Public Prosecutor, but there is also a State Attorney's Office. The prosecutor as a public prosecutor has the authority to carry out the prosecution and execution of court decisions. Meanwhile, the prosecutor as the state attorney is authorized in the civil and administrative affairs of the state to act through a power of attorney authorized for it both as a plaintiff and a defendant. Second, the latest prosecutor's law provides legal certainty and existence with the inclusion of the phrase "State's Attorney" on the role of the Attorney General in addition to being the highest Public Prosecutor. The conclusion is that the Prosecutor's Office acts not only in the criminal domain, but civil and state governance. The latest Law of the Prosecutor's Office becomes a regulation that is expected to strengthen the authority of the Indonesian prosecutor's institution to enforce the law in Indonesia and strengthen the existence of the Prosecutor as a State Lawyer in the juridical state.

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