{"title":"ANALISIS PUTUSAN PEMBATALAN PERJANJIAN PERDAMAIAN HOMOLOGASI PADA KASUS KEPAILITAN PT NJONJA MENEER (STUDI KASUS: PUTUSAN PENGADILAN NIAGA SEMARANG NOMOR 11/PDT.SUS-PAILIT/2017/PN NIAGA SMG. JO. PUTUSAN MAHKAMAH AGUNG NOMOR 1397 K/PDT.SUS-PAILIT/2017).","authors":"Indah Jacinda, S. Atalim","doi":"10.24912/adigama.v2i1.5257","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5257","url":null,"abstract":"A form of reconciliation in Suspension of Payment is an agreed composition plan, and the composition plan must get the court’s ratification (homologation). According to Article 170 of the Bankruptcy Law number 37/2004, the creditor can request the cancellation of the composition plan that has been approved if the debtor fails (negligent) to fulfill their obligations. Furthermore, in Article 291 Paragraph 2 of the Bankruptcy Law states that if the cancellation is approved, the debtor must be declared bankrupt. And in this case, PT Njonja Meneer was declared bankrupt because they were considered negligent in fulfilling their obligation according to the composition plan, which if we look in Indonesian Civil Code, on Article 1238 it’s stated that someone can only be said to be negligent if they do not carry out their obligations after the due date and have received a notice beforehand. And in this case, the composition plan’s due year is still in 2020 but in 2017, the debtor has already called negligent and declared bankrupt by the court. Therefore, while the research methods in this journal use normative research methods supported by interview data, this journal will examine further about the composition plan itself and the term of negligent in fulfilling the obligations according to the bankruptcy law.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124118162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EFEKTIVITAS PERATURAN OTORITAS JASA KEUANGAN NOMOR 9/ POJK.04/2015 TAHUN 2015 TENTANG PEDOMAN TRANSAKSI REPURCHASE AGREEMENT BAGI LEMBAGA JASA KEUANGAN (STUDI KASUS TRANSAKSI REPO SAHAM BENNY TJOKROSAPUTRO TAHUN 2016)","authors":"Debora Kezia Wijaya, C. Kansil","doi":"10.24912/adigama.v2i1.5247","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5247","url":null,"abstract":"Effectiveness is a situation that shows how the achievement of something with both time and good result. Effectiveness of government regulation means that the regulators have succeed implementing and applying the regulation in society. The effectiveness of government regulation is also apparent from whether the objective of the regulation is sufficient or not. The Financial Services Authority has made the Repurchase Agreement Transaction Regulation in 2015, which known as Financial Services Authority Regulation Num. 9/POJK.04/2015 Concerning Guideline of Repurchase Agreement Transaction for Financial Services Institution. Repurchase Agreement Transaction hereinafter referred to as Repo Transaction is a contract of selling or buying Securities with a commitment to sell or buy them back at the appointed time and price. The Repo Transaction is one of transaction in Indonesia’s Capital Market. Repo Transactions are essentially type of transactions that can be considered as selling and buying Securities, but actually Repo Transaction is not same as selling and buying Securities in general. Differences between Repo Transaction and selling and buying Securities also seen in the effect of the Repo Transaction itself, each Repo Transaction shall result in a change of ownership of Securities. There had been a dispute in 2016 related to Repo Transaction between Benny Tjokrosaputro and an Investment Bank Goldman Sachs International, in his accusation Benny contends the transaction between Goldman and Platinum committed an illegal action of Repo Transaction, and it’s a tort. It is expected that this regulation can provide protection and legal standing related to Repo Transaction in Indonesia.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127614488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PENGARUH EMOSI KEAGAMAAN TERHADAP KEDUDUKAN ANAK ANGKAT PADA MASYARAKAT BADUY MIGRAN (KASUS DESA CISIMEUT LEBAK BANTEN)","authors":"Ade Lilis Suryani, Yuwono Prianto","doi":"10.24912/adigama.v2i1.4717","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.4717","url":null,"abstract":"Children are one of the gifts of the Almighty God as a mandate and must be protected, loved and guaranteed for all their needs. The child referred to here is a legitimate child, an extramarital child and adopted child. The position of adopted children in Indonesia is governed by positive law, Islamic law, and customary law. In customary law each indigenous community in various regions has its own character and mechanism. As in Kasud in the village of Cisimeut Lebak, Banten, that is in the indigenous Baduy community. In the results of the study, it was pointed out that local customary law was still more enforced than religious norms. This is evidenced by the discovery of the Baduy migrants from the Baduy tribe due to conversion. While the majority of the beliefs of the Baduy people are Sundanese wiwitan. With the development of the times, technology and community interaction became one of the factors supporting the influence of the religious emotions of the Baduy community.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129727172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ANALISIS PUTUSAN SELA TERHADAP PERMOHONAN PEMBAYARAN UPAH PROSES DALAM PENGADILAN HUBUNGAN INDUSTRIAL (STUDI PUTUSAN: PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR: 181/PDT.SUS-PHI/2016/PN.BDG jo PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR: 82/PDT.SUS-PHI/2016/PN.BDG)","authors":"Yolanda Pracelia, Andari Yurikosari","doi":"10.24912/ADIGAMA.V2I1.5184","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5184","url":null,"abstract":"Based on Article 96 of Law No. 2 of 2004 concerning Industrial Relations Dispute Settlement states that in essence that if the Company is proven at the first session not to carry out its obligations under Article 155 Paragraph (3) Law No. 13 of 2003 concerning Manpower, the Judge may decide interim. In the Decision of the Industrial Relations Court Number: 181/Pdt.Sus-PHI/2016/PN.Bdg jo Decision of the Industrial Relations Court Number: 82/Pdt.Sus-PHI/2016/PN.Bdg, the Judge decides on the request for payment of process wages at interlocutory decisions and final decisions, thus raising problems, how is the legal certainty of the application for process wage payments in the Industrial Relations Court and how to prove in the request for payment of process wages in the Industrial Relations Court. This study uses normative legal research methods, which are prescriptive in nature, with methods of data collection in the form of library studies, and supported by the results of interviews with Labor Law Experts. The results of the study show that, first, legal certainty in the request for payment of process wages on interlocutory decisions must be logical and not cause doubt. Second, the evidence applied at the time of the Industrial Relations Dispute is not in accordance with the situation that occurred in practice, so that it burdens the Workers. In the decision of the Industrial Relations Court Number: 181/Pdt.Sus-PHI/2016/PN.Bdg jo Industrial Relations Decision Number: 82/Pdt.Sus-PHI/2016/PN.Bdg is not in accordance with the Laws and Regulations in Indonesia.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123657726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERLINDUNGAN KONSUMEN PENGGUNA LAYANAN INTERNET BOLT DAN BOLT HOME YANG DICABUT IZINNYA OLEH KEMENTERIAN KOMUNIKASI DAN INFORMATIKA TAHUN 2018","authors":"Fivhi Indah Sari, Susanti Adi Nugroho","doi":"10.24912/adigama.v2i1.5181","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5181","url":null,"abstract":"Many internet service providers are not compliant to pay frequency fees to the state so that the Ministry of Communication and Informatics closes PT. Internux which is a subsidiary of PT. First Media is a banned in Lippo Group. The closure resulted in Bolt and Bolt Home consumers not getting internet access so that problems arose 1. How to protect consumer rights for Bolt and Bolt Home internet service customers PT. Internux after revocation of permission by Kominfo? 2. What is the responsibility of the business actor for consumers of Bolt and Bolt Home internet service customers? The method used is the normative legal method. Bolt and Bolt Home consumers only get preventive protection by deactivating top up payment services in order to avoid greater losses for consumers, while repressive protection is not found in this case. The form of responsibility of PT. Internux to consumers based on the provisions of Article 19 Paragraphs (1) and (2) must provide compensation equivalent to the price of the quota package in accordance with the initial agreement agreed with the refund mechanism and provide diversion offer services to other providers. The Ministry of Communication and Information must conduct strict supervision of internet service companies and for consumers to be selective and smart in choosing internet service company providers.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130605064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PELAKSANAAN PEMBERIAN IZIN USAHA PERTAMBANGAN MINERAL DAN BATU BARA (MINERBA) DI KABUPATEN PANDEGLANG SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH","authors":"Thelisia Kristin, Rasji Rasji","doi":"10.24912/ADIGAMA.V2I1.5279","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5279","url":null,"abstract":"Nation Authority are held by Government. That authority divided into several regions in indonesia. That regions devided according to article 18, Chapter (1) UUD 1945, stated that United Nation are devided into several provinces, and each province divided into region and city, which in every provinces, Regency, and Cities have they own regulation that have been continued arranged at Article 18 Chapter (2) UUD 1945 that stated every appointed government in every provinces, regency, and cities have authority to arranging and managing they own government errand according to autonomy principal and helper task. This thing have a tight connection with nation purposes to protect, to prosper and to involved in world order. And for that reason act number 32 - 2004 about region goverment are made that stated about more clearly about goverment power distribution which held by nation. But about exploitation abundance natural resources, especially in mining sectors, act 4 - 2009 are made to regulate minerals and coal mining operation. In Act 4- 2009 are regulating provinces, Regencies, and cities government jurisdiction to make warrant for mining operations. But in practices there's often issues come out about jurisdiction between provinces, regencies, and cities goverment. Which in time, act 32- 2004 are replaced with act 23 - 2014. The writing of a thesis this will discuss the situation in further information about of execution in the provision of licenses for and the obstacles faced all that is in issuing of the business licenses after the entry into force of the country mines in solidarity act 23 – 2014 that is the newest. Reserach methode that writer used is yuridis normatif which is a descriptive method And writer also use act approaches.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115444026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ANALISIS PERTANGGUNGJAWABAN PIDANA BAGI ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA","authors":"Sinta Ayu Lestari, Hery Firmansyah","doi":"10.24912/adigama.v2i1.5276","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5276","url":null,"abstract":"In Indonesia the problem of drug abuse and illicit trade continues to increase, worrying and endangering people's lives. Based on “Law Number 35 of 2009 concerning Narcotics which supersedes Law Number 22 Year 1997”, it has been regulated regarding the prohibition on the use of narcotics which are carried out without permission. In the case of narcotics abuse there are law enforcement officers who handle one of them, the police. The police as the executor and law enforcer have the duty to safeguard security and prevent and eradicate criminal acts as stipulated in the “Republic of Indonesia Police Chief Regulation Number 14 of 2011 concerning the Professional Code of Ethics of the Republic of Indonesia National Police”. In fact, there is a case in Decree “Number 1057 / Pid.Sus / 2018 / PN.Jkt.Tim and Decree Number 906 / Pid.Sus / 2018 / PN.Jkt.Tim”. where members of the police commit criminal acts of narcotics abuse. What is the mechanism of the legal process? and What is the criminal responsibility for members of the police who commit criminal acts of narcotics abuse? The author uses the normative juridical legal method and uses interview data as supporting data. The results reveal that the legal process for police officers who commit narcotics crimes similar to justice for ordinary people is in accordance with the Criminal Procedure Code, the difference is that if there is a process within the police, the police must take into consideration the profession as law enforcement in incriminating matters.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114142878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"AKIBAT HUKUM PEMBATALAN AKTA PERJANJIAN PENGIKATAN JUAL BELIi (PPJB) YANG DiKERJAKAN OLEH DEBITUR TANPA MEMENUHI PRESTASI DALAM PERJANJIAN (STUDI PUTUSAN NOMOR: 571/PDT/2017/PT.BDG)","authors":"S. Putri, Endang Pandamdari","doi":"10.24912/ADIGAMA.V2I1.5274","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5274","url":null,"abstract":"The agreement is an event in which a person pledges to another person to know where two people promise to do one thing. to be able to make an agreement then it must fulfill the legal requirements of an agreement set forth in article 1320 of the law of civil law. upon fulfillment of the parties may enter into a sale and purchase agreement where prior to the sale and purchase of the parties entered into a preliminary agreement which is commonly referred to as the sale and purchase agreement. in the execution of the sale and purchase agreement of the parties sometimes does not conform to what is entered into in the agreement, so the agreement can be canceled by the party. the factor is affecting cancellation of deed and sale and purchase agreement are the sale price agreed upon in the agreement not being repaid by the buyer until the agreed period of time.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"12 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113956725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERJANJIAN DALAM PERKAWINAN MENURUT PUTUSAN MAHKAMAH KONSTITUSI RI NO. 69/PUU-XIII/2015 DAN PENETAPAN PENGADILAN NEGERI TANGERANG NO.269/PEN.PDT.P/2015/PN.TNG","authors":"V. Abigail, Abdul Gan Abdulilah","doi":"10.24912/ADIGAMA.V2I1.5281","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5281","url":null,"abstract":"According to the Marriage Law Article 29 the marriage agreement is made before or at the time of marriage. But in October 2016 the Constitutional Court passed verdict No.69 / PUU-XIII / 2015 as a material test of Article 29 of the Marriage Law which with the ruling of the constitutional court the marriage agreement can be made before, at the time of marriage, even throughout the marriage. However, before the constitutional court issued the verdict, the Tangerang District Court issued a ruling stipulating the marriage agreement throughout the marriage, namely the decision No. 269 / PEN.PDT.P / 2015 / PN.TNG which the parties were mixed marriages couple. The problem discussed is what the judge considers in deciding the marriage agreement when there is no provision that the marriage agreement can be made throughout the marriage. The legal research method used is a normative research method. Based on the research’s result, the judge granted and stipulated the marriage agreement based on the Marriage Law Article 4 which states that the marriage agreement is possible to be changed as long as there is agreement between the two parties and does not harm the third party In conclusion, the judge did not decide in accordance with the law regulating at the time. The suggestion is that it is expected that the judge as a law enforcer can make a decision in accordance with the law regulating at that time. Because ideally the judge's decision must contain justice, legal certainty, and expediency.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128068322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Perlindungan Hukum Bagi Perempuan Korban Kekerasan Nonfisik Dalam Rumah Tangga Menurut UU No. 23 Tahun 2004 di DKI Jakarta","authors":"W. Juliani, A. Wibowo","doi":"10.24912/adigama.v2i1.5282","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5282","url":null,"abstract":"The Act Num. 23/2004 about the Abolition of Domestic Violence regulates about the provision of protection and restoration for victims, which are the must given to fullfil the victims’ right, and also the criminal sanctions for perpetrators. According to the Act, this kind of violence divided into four categories, There are physical abuse, psychic abuse, sexual abuse and household neglection. By taking some data about violence against women in Jakarta, the problems formulation for this journal are: What the form of legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta; and how the implementation of the legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta. The method that used to write this journal is normative legal research, which is supported by some interviews with parties who do work in the field of fulfilling women's welfare and rights. In the act Num. 23/2004 there are two types of protection, they’re temporary protection and protection based on court stipulations. On the implementation, from the very first time that the protection given until the recovery, each process involves professionals in their respective fields. It is important, so that the victim can get the immidiate and right treatment. However, the implementation of the provision of protection and restoration to the victims still faces various obstacles, both in terms of substance, structure, and culture of the community.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126991795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}