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Jurnal Hukum Adigama

adigama
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Published by Universitas Tarumanagara

ISSN : - EISSN : 26557347 DOI : http://dx.doi.org/10.24912/adigama.v2i2.6520

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Hukum Adigama merupakan diseminasi (penyebarluasan) hasil penelitian, analisis putusan maupun kajian ilmiah konseptual dari mahasiswa beserta dengan pembimbingnya (Corresponding Author) yang terbit 2 (dua) kali dalam setahun yaitu pada bulan Juli dan Desember. Jurnal Hukum Adigama mencakup tulisan keilmuan dari segala Bidang Hukum, yaitu hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum acara.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 835 Documents

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KESAKSIAN PENYIDIK DALAM PEMBUKTIAN PERKARA PIDANA (STUDI KASUS : PUTUSAN NO. 1273/PID.B/2013/PN.JKT.SEL) Ariadi Hanta Wijaya; Firman Wijaya
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

In the context of criminal law, proof is the core of criminal proceedings because what is sought in criminal law is material truth. Basically, this aspect of proof has actually begun at the stage of criminal investigation. The act of investigation and investigation will be carried out immediately in the event of a criminal offense, the existence of a criminal offense can be known by the officer, with reports, complaints, caught red-handed, or known directly by the officer. So, before an act of investigation is carried out, an investigation is carried out by an investigating official, with the intention and purpose of finding and finding an event that is investigated a criminal event or not, if the investigation results as a criminal event, an investigation can be carried out. or certain civil servants who are authorized to carry out investigations, before the investigator conducts investigations such as making arrests, calling, searching, detaining, confiscating, the investigator must notify the public prosecutor so that the prosecutor can follow his investigation from the beginning, and if deemed necessary to give instructions in order to perfect the investigation. In the murder case with the defendant Andro and Benges, the witnesses presented by the Public Prosecutors in the trial were almost all investigators who examined this case. If only an investigator is present in proving someone guilty or not in a criminal case, of course the investigator will justify what he has done so that his statement becomes not objective.

SANKSI PIDANA TERHADAP MUCIKARI YANG MEMASARKAN PROSTITUSI MELALUI SARANA MEDIA ONLINE (STUDI KASUS: PUTUSAN PENGADILAN NEGERI DENPASAR NO. 642/PID.B/2015/PN.DPS.) Calvin .; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Cybercrime is a crime involving online media means as an object to carry out the crime. Cybercrime itself also has many forms that one of them is cybersex, cybersex is a crime that violates the offense of decency in which the crime involves the medium of online media. For example the case in this case is a crime in the form of selling the services of online prostitution whose perpetrator is a pimp, pimps in this case means the person who acts as a caregiver and / or owner of commercial sex workers. Most cases of online prostitution crime are in the bali area of Denpasar. Online prostitution crime itself has violated Article 45 paragraph 1 of Law Number 19 Year 2016 on Information and electronic transactions. But the panel of judges in its decision only decided in the form of articles contained in the Criminal Code so that the imposition of criminal sanctions on the defendant became very light and made the perpetrators became not afraid of the relatively light criminal sanctions. So that the law in Indonesia becomes very weak and from the light criminal law sanction makes the perpetrators continue to do the crime action. When viewed from the lex specialist derogate legi generalie principle stating the special provisions to override general provisions, meaning that the Act should be used is Law No. 19 of 2016 on Information and Electronic Transactions.

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

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.

KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENGADILI PERKARA PERSELISIHAN HASIL PEMILIHAN KEPALA DAERAH (SUATU KAJIAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 97/PUU-XI/2013 JO. PUTUSAN MAHKAMAH KONSTITUSI NOMOR 072-073/PUU-II/2004) Hardy Salim; Cut Memi
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Acccording to the Arrticle 24C paragaaph (1) the Constttution of thr Republic of Indonesia of 1945, the Constitutional Court of thr Republic of Indonesia have thr power to decide upon disputes over the results of general election. The general election referred to here is elections to elect members of the legislature, regional representative councils, regional legislatures, president amd vice president. Both of thr provisions have been limitative, so there will no be any other elections that included. However, in its development, the Constittutional Court of the Republc of Indonesia is given the power to decide upon disputes ovrr the results of regional hed elections with a legal basis of the Constittutional Court Ruling Number 072-073/PUU-II/2004. However, a litle later the Constttution Court of the Republic of Indonesia issued a Consttttuional Court Ruling Number 97/PUU-XI/2013 which said tht the Constitusional Court of the Republic of Indonesia can’t have the power to decide upon disputes over the resuls of regional hed elections. This reaises problems regarding whether regional head elections are included in thr general election regime? And whether the Constitutional Court of the Republic Indonesia has thr authorty to decide upon disputes over the results of regional hed elections? Thr Author examined the issue by normative method. The results of thr resrarch show tht thr regional hesd elections is not a part of the general electiins regime and the Constututional Corrt of the Republic Indonesia can’t have thr power to decide upon disputes ovrr thr resulls of the regional hesd elections.

PENERAPAN ASAS LEX POSTERIORI DEROGAT LEGI PRIORI TERHADAP ANAK KORBAN PENCABULAN (STUDI KASUS PENGADILAN NEGERI JAKARTA UTARA NOMOR 195/Pid.Sus/2015/PN.Jkt.Utr) Wendi .; Firman Wijaya
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Abuses against Children are included in Extraordinary Crimes and often occue mainly to minors. This is due to the lack of government in acting on the case. In this case, it occurred in a 3 years old boy who is abused by his own teacher. Precisely happened on April 29, 2014 at Saint Monica Sunter during the dance extracurricular activity. The victim’s mother found out about it when the victim complained of pain in the part of his penis after the victim was abused. At that moment the victim’s mother reported the incident of abuse to the authorities. It was then estabilished that the defendant was guilty of fulfilling the elements of an offense against the victim. So the defendant must be held in the prison until the court process is decided. In the indictment given by the public Prosecutor charged with using Article 82 of Law Number 23 year 2002 on Child Protection. However, the Prosecutors should be using the updated Law which is Article 82 of Law Number 35 year 2014 on the protection of new Children in the Prosecution. This proves that the Prosecutor is less careful in preparing the indictment given so as to cause legal irregularities that should in decideng the case reflects the legal objectives of Justice, certainty and expediency. Where as in legislation known as the principle of lex posteriori derogat legi priori that should be in the case of obscenity this principle is enforced. Because in the new Child protection Law more confirms the perpetrator of abuse if it is proven to commit abuse then the punishment is heavier that the old Law, and more to give special protection guarantee to the victim of abuse so that its rights will not be violated.

Analisis Upah Proses Berdasarkan Putusan Mahkamah Konstitusi Nomor 37/PUU-XI/2011, Surat Edaran Mahkamah Agung Nomor 3 Tahun 2015 dan Surat Edaran Nomor 3 Tahun 2018 (Studi Kasus Putusan Pengadilan Hubungan Industrial Jakarta Pusat Nomor 255/Pdt.Sus-PHI/2017 jo. Putusan Mahkamah Agung Nomor 499 K/Pdt.Sus-PHI/2018). Jesslyn Gressella; Andari Yurikosari
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

This study has title "Analysis of Process Wage Based on Constitutional Court Decision Number 37 / PUU-XI / 2011, Supreme Court Circular Letter Number 3 Year 2015 and Circular Letter Number 3 Year 2018 (Case Study of Central Jakarta Industrial Relations Court Decision Number 255 / Pdt.Sus -PHI / 2017 Jo. Supreme Court Decision Number 499 K / Pdt.Sus-PHI / 2018). This study uses the type of normative legal research or literature on labor agreement theory and legal certainty theory. The approach used in this research is the law approach which is completed with interview data. The wage of process given to workers in the discussion of this study is not in accordance with statutory regulations. The judge decides the case based on the Supreme Court Circular Letter Number 3 Year 2015 and Circular Letter Number 3 Year 2018. In the author's opinion, this case study can be the application of the law regarding process wages to be uncertain and unfair for workers. The application of process wages should be appropriate and fair in order to create legal certainty in the Industrial Relations Court

ANALISIS TANGGUNG JAWAB PELAKU USAHA PT. JASA MARGA TERHADAP PELANGGARAN HAK KESELAMATAN KONSUMEN PENGGUNA JALAN TOL DITINJAU DARI PERATURAN PEMERINTAH NOMOR 15 TAHUN 2005 TENTANG JALAN TOL. Mayskhye Techtonia; A.M Tri Anggraini
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Roads are one of the most important transportation infrastructures in people's lives and have an important role in the efforts to develop the life of the nation and state, especially the construction of toll roads that are safe and comfortable for journeys. But along with the development of the era, resulting in many problems that occur related to toll road safety, so the question arises: How is legal protection for consumers of toll road users in the right to safety on the highway? And How the Responsibilities of Business Actors PT. Jasa Marga regarding violations of consumer safety of toll road users in terms of Government Regulation Number 15 of 2005 concerning toll roads? As normative legal protection road users a toll had been arranged in several regulations which includes government regulation number 15 of 2005 and completed explicitly by law number 8 of 1999 on consumer protection. But what envisaged in the regulation in protecting and responsibility of have been given by PT. Jasa Marga not fully been implemented especially consumers road users toll in the soles safety on the highway

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

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 TERHADAP TANDA BUKTI HAK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TERKAIT PENGGUNAAN GIRIK NOMOR 87 PERSIL 157 KELURAHAN CENGKARENG BARAT (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 2459K/PDT/2014) Stella .; Hasni .
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Since of Agrarian Law in Indonesia, western right land and communal right land have been converted into land right according to Agrarian Law so the state is obliged to provide legal assurance through land registration, with the end product is certificate as a proof of title. Proof is an important part of law society as it is the legal standing of land ownership. A strong proof of title is defined in the Agrarian Law and Government Regulation as the implementing regulation, however Indonesian society especially low-economy society still the old proof of title. The main issue is how Customary Title Status relates to the proof of land right in the national land law and judge of Supreme Court made in consideration in resolving civil dispute number 2459K/Pdt/2014 on use of customary land title no.87 land parcel 157 West Cengkareng urban village. Based on the research outcome, that the existence of customary land title is still recognized to this date only as one of the requirements in the land registration process to prove the old title and conversion of communal land so that decision of Supreme Court is correctly made that customary land title is not a form of land ownership since there is no agency except National Land Agency can issue proof of title that is certificate. As of the result of this, certificate is a strong proof of land title. So should, there is an importance common understanding of customary land title from fiscal cadaster rather than legal cadaster.

TINJAUAN TENTANG KEWAJIBAN PELAPORAN TRANSAKSI KEUANGAN OLEH ADVOKAT DALAM KETENTUAN UNDANG-UNDANG NO. 18 TAHUN 2003 TENTANG ADVOKAT YANG TIDAK SEJALAN DENGAN PERATURAN PEMERINTAH NOMOR 43 TAHUN 2015 TENTANG PIHAK PELAPOR DALAM PEMBERANTASAN DAN PENCEGAHAN TINDAK PIDANA PENCUCIAN UANG Narada Lukman; Tatang Ruchimat
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The legal norms of any country are always multi-layered, where the norms below apply, are based on and come from higher norms, higher norms apply, are based and are sourced from even higher norms, up to a norm the highest is called the Basic Norm. Since the birth Republic of Indonesia with proclamation independence, as well as the adoption from the 1945 Constitution as the constitution the Indonesian State, the proof legal norm system the Republic of Indonesia, If we compare it with the theory of the level of legal norms (Stufen Theory) from Hans Kelsen and the theory of the level of legal norms, that Article 3 letter a of Government Regulation No. 43 of 2015 adheres to the Advocate Law No. 18 of 2003. Article 3 letter a Government Regulation reads "Advocates are required to report financial transactions to prevent money laundering, Advocates must report data or where the money they receive from their clients is" to ask the client about it does not feel it appropriate, because it is a secret from his client, in accordance with what is written in Article 19 which reads "Advocates have the right and obligation to keep everything confidential from their clients, including protection of files and documents against confiscation and protection against wiretapping", and Article 21 which reads "Advocates are entitled to an Honorarium for legal services that have been provided by their clients, based on the agreement of both parties".

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Editorial Address Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477

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Contact Name
Ahmad Redi

Contact Email
ahmadr@fh.untar.ac.id

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era.hukum.mahasiswa@fh.untar.ac.id

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Fakultas Hukum - Universitas Tarumanagara Ruang Jurnal, Gedung M, Lantai 2, Kampus 1 Jl. S. Parman No. 1, Jakarta Barat - 11440 [T] (+6221) 5671748, 5604477

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Kota adm. jakarta barat,

Dki jakarta

INDONESIA