{"title":"PERAN BALAI PERMASYARAKATAN (BAPAS) KELAS 1 JAKARTA BARAT DALAM PELAKSANAAN PEMBINAAN DI LUAR LEMBAGA TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUMM(ABH)","authors":"A. A. Mourin, Hery Firmansyah","doi":"10.24912/ADIGAMA.V2I1.5236","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5236","url":null,"abstract":"Juvenile delinquency is a criminal case which is caused by a child. Child convicted has to pass through the Juvenile delinquency system. In Indonesia, our Juvenile system gave some of the alternative criminal punishment beside imprisonment. The alternative criminal punistment are admonition, superision from authorized institution, establishment of child character outside or inside the institutions, work training, become a sosial worker and the last choice is prison punishtment. The best sanction is the one that can make the perpetrator know that the things he/she made are wrong and change their deed became behave well. In this case, author wants to discuss more about establishment of child character outside the institution who was handled by institution of government called Balai Permasyarakatan (BAPAS).","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117163455","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 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)","authors":"Agripina Agripina, Hanafi Tanawijaya","doi":"10.24912/adigama.v2i1.5237","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5237","url":null,"abstract":"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.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131032989","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 BADAN NASIONAL PENCARIAN DAN PERTOLONGAN TERHADAP KORBAN KECELAKAAN PESAWAT UDARA DI INDONESIA (Studi Kasus: Kecelakaan Pesawat Udara Lion Air Nomor Registrasi PK–LQP)","authors":"Ang. T. Michella, Amad Sudiro","doi":"10.24912/ADIGAMA.V2I1.5243","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5243","url":null,"abstract":"Lion Air flight JT610 PK–LQP is the worst airplane accident in 2018, this crashed killed all passengers and crew. The purposes of this research is to examine the responsibilities of National Search and Rescue Agency Republic of Indonesia (BASARNAS) in conducting search and rescue operations for crash victims and how to impose operational costs on search and rescue for these accidents. The method used is the method of normative legal research. Based on research data obtained, the plane crashed was cause by damage of Angle of Attack’s sensor and the aircraft lost its lift power. BASARNAS in this case is responsible for the sense of responsibility, which are required or have any obligation to perform its duties as stated in the decree issued by the government. BASARNAS in conducting search and rescue operations has done their job very well, and in accordance with the provisions of Republic of Indonesia law. Costing search and rescue operations contained in The Republic of Indonesia’s Law number 29 year 2014, the funds from the Indonesian Budget (APBN), Regional Government Budget (APBD), and other funding sources that legitimate and not binding. Search and rescue operations of Lion Air PK–LQP victims conduct by BASARNAS central and used the BASARNAS’s budget, but there were confusion regarding the funds provided for this operation; only BASARNAS issued funds or the airline also provided funds for the operation. As a matter of course aircraft accidents need to form a mandatory insurance rule for search and rescue operations.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134551067","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":"Komparasi Penjatuhan Tindakan Rehabilitasi Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika (Studi Kasus Putusan Nomor 375/Pid.Sus/2015/PN.Jkt.Sel., Putusan Nomor 191/Pid.Sus/2015/PN.Jkt.Sel., dan Putusan Nomor 436/Pid.Sus/2015/PN.Jkt.Sel.","authors":"Alia Nabila, Mety Rachmawati","doi":"10.24912/ADIGAMA.V2I1.5240","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5240","url":null,"abstract":"Narcotics can cause changes in consciousness and cause dependence. Drug use is often needed. Regarding the Narcotics Law Number 35 of 2009 gave birth to an effort to cure the perpetrators of narcotics abuse, namely rehabilitation. Rehabilitation is a recovery effort so that a person can return to his previous state. However, not all cases of drug abuse can be sought for rehabilitation. In the case of perpetrators of narcotics abuse, rehabilitation has been sought as seen in the decision number 191/Pid.Sus/2015/PN.Jkt.Sel., while in the decision number 375/Pid.Sus/2015/PN.Jkt.Sel., and decision number 436/Pid.Sus/2015/PN.Jkt. Cells, narcotics abuse is not sought for rehabilitation and even given criminal sanctions. Act to Law No. 35 of 2009 concerning Narcotics against narcotics abusers if proven to abuse narcotics it is compulsory to undergo rehabilitation in accordance with the provisions of Article 127 Paragraph (1) of the Narcotics Law. And the three decisions in decision number 191/Pid.Sus/2015/PN.Jkt.Sel., Decision number 375/Pid.Sus/2015/PN.Jkt.Sel and decision number 436/Pid.Sus/2015/PN.Jkt.Sel., Was charged as a drug abuser.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132816347","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":"KEABSAHAN PERKAWINAN SEDARAH MASYARAKAT ADAT BATAK TOBA MENURUT HUKUM ADAT","authors":"Aktor Pimadona, Mulati Mulati","doi":"10.24912/adigama.v2i1.5238","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5238","url":null,"abstract":"Marriage is a sacred activity because it relates to the religion and beliefs of each. The Batak Toba community is one of all tribes in Indonesia that adhere to their customs and customs, but lately there has emerged the phenomenon of blood marriages in the Batak Toba indigenous people because they feel like each other without thinking about the sanctions that will be received later. In this study, the issue was raised about how legitimacy of the blood marriage of the Batak Toba indigenous people according to customary law? The author examines the problem using normative methods. The results showed that the marriage of the Batak Toba community was not in accordance with the rules applicable in customary law, because the marriage system of the Batak Toba indigenous people themselves embraced an exogamous marriage system in which the Batak Toba indigenous people could marry the man or woman they liked must be outside the clan or the clan itself. Then in this study there are also ways to preserve the culture of the Batak Toba indigenous people who are increasingly disappearing because of the modern era that exists today.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129868724","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 EKSEKUSI PIDANA UANG PENGGANTI PADA KORPORASI BUMN YANG TIDAK DIJADIKAN SEBAGAI TERDAKWA (STUDI KASUS MAHKAMAH AGUNG NO. 1964 K /PID.SUS/2015)","authors":"Andi Sabputera, Firman Wijaya","doi":"10.24912/ADIGAMA.V2I1.5242","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5242","url":null,"abstract":"Corruption has become a quite serious problem faced by the Indonesian nation, especially corruption involving BUMN, one of which is the involvement of state-owned corporation PT NK in corruption cases for the construction of the Sabang pier in 2014 to 2011 which has cost the state finances Rp.798 billion. The defendant in this case was HS as the Branch Head, but the corporation was never appointed as a defendant. Based on the results of the analysis that although the state-owned corporation PT NK corroboration was not prosecuted in the indictment, the court ruling imposes responsibility for paying substitute money. This is in accordance with the judgment of the judge due to the receipt of money from the corruption crimes that enter the corporation so that additional penalties in the form of substitute money can be imposed on PT NK. Execution of criminal money substitute for corruption cases, KPK prosecutors can confiscate and auction off corporate assets. If the asset has been sold, the prosecutor can file for bankruptcy and if the corporation claims to be unable to pay substitute money, then the prosecutor needs to trace the assets of the corporation concerned. In the case of state-owned corporation PT NK still having the obligation to pay substitute money, it would be difficult to analyze because the KPK found it difficult to handle it because it involved state finances. The implication is that if a BUMN corporation cannot pay substitute money then the return on state financial losses is not optimal.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"99 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134092259","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":"PERBUATAN PIDANA TERHADAP PENGEDARAN KOSMETIKA YANG TIDAK MEMILIKI IZIN EDAR DAN TIDAK MEMILIKI KEAHLIAN DALAM PRAKTIK KEFARMASIAN MENURUT UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN","authors":"A. Nugraha, Dian Adriawan Dg. Tawang","doi":"10.24912/adigama.v2i1.5241","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5241","url":null,"abstract":"Recent criminal offenses for the circulation of cosmetics without permission are increasingly worrying. Cosmetic products are imported products that are not registered by BPOM, so that cosmetic products are illegal products. Like the criminal act of cosmetics circulation without permission contained in the decision 334 / Pid.Sus / 2015 / PN.Dps. The main problem in this thesis is how the criminal acts against the perpetrators of the crime of cosmetics circulation that do not have marketing authorization and do not have expertise in pharmaceutical practices according to Law No. 36 of 2009 concerning Health. This study uses a type of normative juridical research that is analytically descriptive, using secondary data obtained by library studies and then analyzed qualitatively and uses deductive logic as a way of drawing conclusions. The results showed that the actions of the perpetrators charged in this case were Article 197 in conjunction with Article 106 paragraph (1) of Law No. 36 of 2009 concerning Health, but the judges should have applied Article 198 in conjunction with Article 98 paragraph (2) and (3) considering the perpetrators were not as a person who has the expertise to produce and distribute cosmetics. then the proven element is the element of article 198, namely everyone who does not have the expertise and authority to practice pharmacy as referred to in article 108.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"388 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115978030","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":"FAKTOR-FAKTOR PENYEBAB TERJADINYA PENELANTARAN TERHADAP ORANG TUA YANG DILAKUKAN OLEH ANAK DALAM KAJIAN PASAL 5 UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (STUDI KASUS PENGHUNI PANTI SOSIAL TRESNA WERDHA BUDI MULIA 2 JELAMBAR TAHUN 2018-2019)","authors":"A. Arif, Mety Rachmawati","doi":"10.24912/adigama.v2i1.5239","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5239","url":null,"abstract":"Many problems occur regarding the negative of parents by their children, intentionally or unintentionally, due to certain factors. Children should look after their parents by sending them to nursing homes, so that they can spend more time with their children. This obligation regulated in the Article 5 of Act/Law No. 23 of 2004 concerning the Elimination of Domestic Violence, thus it is not carried out in the applicable law by the community. The government currently only provides protection for the victims, but does not take action against the perpetrators of neglect. Most people are not aware of the government regulation about neglect of family members, the community also does not provide reports to the authorities in the event of neglect, that leads perpetrators keep increasing every year and not deter for doing it. The author, about this issue using empirical normative research. The object of research is Social Institution Tresna Werdha Budi Mulia 2 Jelambar in the year 2018-2019.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114313958","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":"HARMONISASI PERATURAN DAERAH KABUPATEN BOJONEGORO NOMOR 1 TAHUN 2017 TENTANG PERANGKAT DESA TERHADAP PERATURAN PEMERINTAH NOMOR 43 TAHUN 2014 TENTANG PERATURAN PELAKSANAAN TERHADAP UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA","authors":"William Benaya, Muhammad Abudan","doi":"10.24912/adigama.v1i2.2932","DOIUrl":"https://doi.org/10.24912/adigama.v1i2.2932","url":null,"abstract":"The Regional Government is an extension of the central government to carry out government activities for all regions in Indonesia, and how the division and who heads the regional head is also regulated or mentioned in the Constitution of the Republic of Indonesia, namely the Constitution in Article 18. In carrying out government for the entire The Republic of The United States of Indonesia region, an effective and harmonious regional government is needed between the regional government and the central government. Effective and harmonious referred to in this writing are the accordance of regulations between Regional Government and Central Government. Therefore, in the establishment of a Regional Regulation there is a need for communication, consultation and clarification of the RAPERDA that will be made and legalized between agencies in the Regional Government and the Central Government. That way, it is expected that regional regulations will no longer be antithetic with the higher regulations in accordance with Law Number 12 of 2011 concerning the Establishment of Legislation. Regarding if there is a conflict between the Regional Regulations and higher regulations, the cancellation mechanism can be submitted to the Supreme Court.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126619406","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 PEMBUKTIAN SEDERHANA DALAM KEPAILITAN MENURUT UNDANG-UNDANG NO 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (STUDI KASUS: PUTUSAN NOMOR: 04/PDT.SUS.PAILIT/2015/PN.NIAGA.JKT.PST)”","authors":"Rafael Angelo Dias, Suyud Margono","doi":"10.24912/adigama.v1i2.2928","DOIUrl":"https://doi.org/10.24912/adigama.v1i2.2928","url":null,"abstract":"In submitting a bankruptcy application, the applicant must submit evidence to prove the existence of a debt. The specialty of proof in the law of bitterness is the existence of simple proof, according to the juridical requirements as referred to in Article 8 paragraph (4) according to the juridical requirements as referred to in article 2 paragraph (1) of the bankruptcy law. This simple proof can also cause problems. One concrete form of the problem that arises in this simple verification in practice is the decision of the Commercial Court at the Central Jakarta District Court with the decision number: 04 / Pdt-Sus.Pailit / 2015 / PN.Niaga / JKT.PST between the Service Authority Commissioner Board and PT Asuransi Jiwa Bumi Asih Jaya. The problem is how to apply simple evidence in the case. This writing uses normative legal research methods which are based on primary data and secondary data which are analyzed descriptively with conceptual and legislative approaches. Based on the analysis according to Article 8 paragraph (4) in conjunction with Article 2 paragraph (1) UUKPKPU, it can be stated that the debt of PT Asuransi Jiwa Bumi Asih Jaya has been proven in a simple manner, but the Judges in the decision rejected the application on the grounds that the debt proof was not simple. 8 paragraph (4) UUKPKPU.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130956284","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}