{"title":"GUGATAN PEMBATALAN IZIN MENDIRIKAN BANGUNAN HOTEL SALAK TOWER","authors":"Geraldy Mista Putera, Yuwono Prianto","doi":"10.24912/adigama.v2i1.5254","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5254","url":null,"abstract":"Development is mostly carried out in aspects of human life to develop the economy and improve people's welfare. This construction is build upon permit in the form of a building permit issued by the government. The permit can also be canceled if it is deemed not in accordance with the applicable requirements. The goal of this investigation is to determine the resolution of the case and to find out whether the legal considerations given by the judge are correct or not. This investigation utilize normative legal research methods. The origin of legal material used in the research are primary legal library materials, secondary legal library materials, and tertiary legal library materials. This investigation used qualitative analysis. Based on an analysis of the sources of legal material that has been carried out, the authors conclude that the lawsuit against the cancellation of the building permit was registered past the deadline for the issuance date of the permit or has passed since the permit was announced at the time of the first construction, then the perceived loss the plaintiff is considered not a material loss and only concerned with the interests of one of the plaintiffs. As well as the legal considerations that have been conveyed, it is considered appropriate and when looking at the spatial plan of the Bogor Regency area, the location where the hotel is built is included in the area that allows for hotel buildings.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126976700","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":"PERTANGGUNGJAWABAN HUKUM TERHADAP NOTARIS YANG MEMBUKA KANTOR CABANG ATAS NAMA SENDIRI (PUTUSAN NOMOR : 2/PTS/Mj.PWN.DKIJakarta/xi/2017)","authors":"Febry Yanti, Gunawan Djajaputra","doi":"10.24912/adigama.v2i1.5252","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5252","url":null,"abstract":"Indonesia is a country that adheres to the legal system. The role of the notary is very important in Indonesia. Notaries act as public officials in providing legal services to the public. Notaries are public officials who have the authority to make authentic deeds. A notary position is a public or public position because a notary is appointed and dismissed by the government. Notaries are prohibited from opening more than one notary office because notaries can only open one notary office. But in reality there is a notary who opens a branch office. How the accountability and position of the notary who establishes a branch office on its own behalf is a problem discussed. The research method used is normative legal research is to find the truth of coherence, namely the rule of law in accordance with legal principles. sourced from primary data and secondary data as other supporting data which are analyzed quantitatively. The results of the study explained that the West Jakarta Regional Supervisory Board found that there was a notary office with 2 signboards in the West Jakarta area that had a notary office named Notary Netty Maria Machdar. So that Netty Maria Machdar was found guilty and the position of the notary became hanging due to the absence of a further verdict because it was only proposed to be honorably dismissed by the Regional Supervisory Board so that in this case Netty Maria Machdar was found guilty and obliged to replace the loss but because there was no further verdict. Notary Netty Maria Machdar can still use her rights as a legitimate Notary. Notary Netty Maria Machdar also violated the Indonesian Notary Association Code of Ethics.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127581122","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 PENERAPAN PASAL 245 UU NO. 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU DALAM (STUDI KASUS PUTUSAN NO:03/PDT.SUS-PKPU/2016/PN.NIAGA.JKT.PST.)","authors":"Henry Prawira, C. Kansil","doi":"10.24912/adigama.v2i1.5255","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5255","url":null,"abstract":"Bankruptcy has become a common problem in today's business world, under the Bankruptcy and Suspension of Payment Act, in addition to bankruptcy, one can do so through Suspension of Payment. Suspension of Payment is a method of debt-receivable dispute resolution which is supervised by a supervisory and administering judge, whose final legal product is peace or insolvency. Not all Debtors have good intentions, sometimes payments are made after Suspension of Payment's application is registered. According to the Article 245 of Law Number 37 of 2004 on Bankruptcy and Suspension of Payment, all payments made before the Suspension of Payment are not permitted, after the Suspension of Payment application has been applied for and has been registered at the commercial court in the district court. However there is a dualism of understanding of the prohibition, some claim that the payment is permissible, and some claim that the payment is not permitted. Many Debtors use these payments to abort the formal requirements of Suspension of Payment, which is not in accordance with the legal objectives of justice for all parties, because the usual payment is payment to only a portion of creditors, who have smaller debts, which makes other creditors not get legal certainty, and the consequence of that is that PKPU's application must be rejected. The purpose of this study is to find out how to apply Article 245 of Act No. 34 of 2004 as it should, so that it can be adjusted to the purpose of law, namely justice.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134645671","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":"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","authors":"F. Haryanto, Hanafi Tanawijaya","doi":"10.24912/ADIGAMA.V2I1.5249","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5249","url":null,"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.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128125561","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":"KEABSAHAAN SERTIPIKAT HAK MILIK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH","authors":"Emerlanda Leticia, Hasni Hasni","doi":"10.24912/adigama.v2i1.5248","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5248","url":null,"abstract":"The certificate is a proof of ownership that is strong, this certificate comes from land rights which are the right to use and exploit the land which it occupies. Rights to land are also divided into Property Rights, Cultivation Rights, Building Use Rights, Use Rights, Rental Rights for Buildings, Use Rights and Temporary Land Rights. In this case the author will only explain the ownership rights related to legal issues, namely the right of ownership. Property rights are the strongest and most complete rights that humans can have. This right is obtained based on land registration. Own land registration is carried out by the authorized party, namely the National Land Agency. But in this case on the island of Pari, the certificate was declared maladministration by the ORI which caused the author to write about the validity of the certificate of land ownership based on law. With the formulation of the problem, how is the validity of the Certificate of Property Ownership according to uupa and Government Regulation Number 24 of 1997 related to the statement of maladministration by the ORI? and What are the legal consequences for certificate holders due to the administrative maladministration? By using explanatory research methods. In this case the researcher gets the result that in the process of land registration the measurement process is not carried out which is one of the requirements to obtain physical data and there is no announcements must be made because to provide an opportunity to file an objection.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122586899","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":"PERTANGGUNGJAWABAN KETERLAMBATAN PENERBANGAN AKIBAT PENGGANTIAN JENIS PESAWAT UDARA YANG DILAKUKAN OLEH PENGANGKUT (CONTOH KASUS: TIDAK TERANGKUTNYA PENUMPANG PADA PENERBANGAN LION AIR JT-1341 TAHUN 2018)","authors":"Fakhri Nur Akmal, H. Martono","doi":"10.24912/adigama.v2i1.5250","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5250","url":null,"abstract":"Indonesia is an archipelagic country that can be divided into land, water and airspace. For the sake of realizing a national insight, it requires a transportation system. Transportation can be divided into land, sea and air transportation. Air transportation is a very efficient transportation for humans because it has comfort and can save time.Air transportation growth in Indonesia are rising highly time by time, law must provide the rule of operation of air transport. Passenger have right to get to destination that ruled on air ticket. Beside of the destination, passenger must get delivered by the time that written on ticket. Airline must provide aircraft that could carry all passenger that have the ticket, but in practice, some passenger cant be carried by airline because there was changes of the type of aircraft that carry less passenger than planned. Passenger must get compensation from the loss. Airline shall responsible from causing the trouble. There were some responsibility system in Indonesia law, but for the case of the above, the responsibility system that should airline take is unclear. This journal will discuss about the responsibility system that can be used for the case and how law govern to clear the problem.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117019980","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":"PERTANGGUNG JAWABAN MASKAPAI ANGKUTAN UDARA TERHADAP RUSAKNYA BAGASI BERDASARKAN UNDANG – UNDANG NOMOR 1 TAHUN 2009","authors":"Faris Fahmi, H. Martono","doi":"10.24912/ADIGAMA.V2I1.5251","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5251","url":null,"abstract":"Transportation is a system that is very helpful for humans in their daily lives, transportation is divided into 3 types, that are land transportation, sea transportation, and air transportation (aircraft). Each type of transportation has different type of vehicles, for land transportation there are motorbikes and cars, sea transportation there is ships, and air transportation there is airplanes. The most efficient type of transportation is air transportation, because it takes the least amount of time for even long distances, therefore people are prefer to use this type of transportation. Air transportation provider or airline must be responsible for any losses incurred during flight activities in accordance with existing regulations. But in fact, there are still problems such as, passenger checked baggage damaged due to flight activities and the one who bears the loss is the passenger, the airline does not respond to this problem and the problem not closed.This journal will discuss about the responsibility system that can be used for the case and how law govern to clear the problem.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130698050","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":"PENERAPAN SANKSI PIDANA PADA PUTUSAN NO. 870/PID.B/2016/PN.JKT.SEL. DITINJAU DARI UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DAN UNDANG-UNDANG NO. 2 TAHUN 1981 TENTANG METROLOGI LEGAL (STUDI KASUS PUTUSAN NO. 870/PID.B/2016/PN.JKT.SEL.)","authors":"A. Ardi, Firman Wijaya","doi":"10.24912/ADIGAMA.V2I1.5244","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5244","url":null,"abstract":"Gasoline or fuel oil is a necessity for society, especially for motor vehicle owners. In Indonesia, Pertamina as one of the fuel suppliers cooperates with the private sector to offset business competition with gas stations from abroad. In terms of Pertamina gas stations that are partnering with the private sector, cheating is not uncommon, such as the dosage of fuel oil that is not in accordance with the truth. As happened at Pertamina gas station in Rempoa area where the perpetrators involved 3 gas station managers and 2 gas station employees using additional equipment installed in the fuel dispenser and controlled using a remote control. With the existence of criminal sanctions in both laws, Act No. 8 of 1999 concerning Consumer Protection and Act No. 2 of 1981 concerning Legal Metrology, so that the actions of these perpetrators can be criminally accountable as can be seen in the Decision of the South Jakarta District Court Number 870/Pid.B/2016/PN.JKT.SEL. How is the application of criminal sanctions on Decision No. 870/ Pid.B/2016/PN.JKT.SEL. reviewed from Act No. 8 of 1999 concerning Consumer Protection and Act No. 2 of 1981 concerning Legal Metrology? The author use normative legal research and uses interview data as supporting data. The results of the study revealed that the criminal sanctions imposed on the three gas station managers were considered appropriate even though the maximum sentence was not applied, but the judges had their own freedom and legal considerations in deciding cases.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127027829","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":"Asas Itikad Baik Sebagai Upaya Perlindungan Hukum terhadap Pelaku Usaha Dalam Pembiayaan Konsumen (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 1041 K/Pdt.Sus-BPSK/2017)","authors":"Arfi Azhari, Siti Nurbaiti","doi":"10.24912/adigama.v2i1.5245","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5245","url":null,"abstract":"Consumer Finance is a financing activity for the procurement of goods based on consumer needs with payment in installments. In consumer financing, the parties must have good intentions for the smooth running of the agreement, but in practice the principle of good faith is often violated by the parties such as in the Decision of the Supreme Court of the Republic of Indonesia No. 1041 / K-Pdt.Sus-BPSK/2017 decides to grant a request from Martha Sitorus (consumer) with consideration of Article 2 of the UUPK and the principle of good faith, which in this case with the existence of the decision clearly has harmed PT. Toyota Astra Financial Service Medan (business actor) for consumer financing agreements. The problem studied is how the legal protection of business actors carried out by consumers in consumer financing and how the RI Decision No. 1041 / K-Pdt.Sus-BPSK/2017 towards legal protection of business actors carried out by consumers in consumer financing. The research method used is a normative method supported by interview data. The results of the writing illustrate that the business actor does not receive legal protection as stipulated in Article 6 letter (b) UUPK and in the Decision of the Supreme Court of the Republic of Indonesia No. 1041 / K-Pdt.Sus-BPSK/2017 The Panel of Judges is not right in making decisions.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132615194","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":"Tanggung Jawab Perusahaan Pengangkut DHL Express Terhadap Pengiriman Barang dari Jakarta ke Malang ( Studi Putusan Pengadilan Nomor 733/Pdt.G/2017/PN.JKT.SEL.)","authors":"Chriesty Angeline, Siti Nurbaiti","doi":"10.24912/adigama.v2i1.5246","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5246","url":null,"abstract":"In a transportation agreement, practice the rights and obligations of the parties are not always fulfilled, because during the process of shipping, sometimes it does not always went well, even there is the package disappearance cases. For example, a case that occurred between the DHL Express transport company and the sender Massayu Chairani who was disadvantage due to the loss of her package that the company agreed to delivered. How the company DHL Express responsibility of the shipping to the sender in transportation from Jakarta to Malang and How the District Court Decision Number 733 / Pdt.G / 2017 / PN.JKT.SEL regarding the responsibility of the shipping company DHL Express to the sender in transportation from Jakarta to Malang continue to make a discussion. The research method used is descriptive normative legal research method, using secondary data and primary data as supporting data with the law approach. The results of research illustrate that DHL Express does not give full responsibility to the sender and the results of judges' decisions that do not grant full compensation claims are also considered not in accordance with Article 91 KUHD and Law Number 22 of 2009 concerning Road Traffic and Transportation in Article 188 and Article 193 paragraph (1). It is recommended that DHL Express give full responsibility to the sender of the goods for transporting goods from Jakarta to Malang and should have a court decision can decide the case more carefully to grant full compensation claims.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126351251","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}