Adagium: Jurnal Ilmiah Hukum is a periodical academic journal published by PT Meja Ilmiah Publikasi. This journal specifically studies law and is able to present various results of current and prominent scientific research. The journal's administrator accepts articles that contribute to the development of law and the environment from scientists, academics, professional writers, and researchers. This journal contains research findings, summaries of famous figures, or reviews that are innovative and solution-oriented in the field of law. Articles in this journal are published twice a year, in January and July.
Published: 2025-01-27
Articles
Sexual Violence Against Children with Disabilities
1-14
This paper discusses how regulations and laws can protect children with disabilities from harm, particularly from those who may cause them harm. The main focus is on Law Number 1 of 2023 concerning the Criminal Code (KUHP), specifically Article 473, which addresses criminal penalties for sexual violence against children and individuals with disabilities. This research uses a normative legal approach, analyzing secondary data sources, including primary, secondary, and tertiary legal materials, such as books, academic journals, and credible online sources. The methodology employed is literature study and qualitative analysis to provide a comprehensive understanding of legal protections for children and individuals with disabilities. Article 473 stipulates that perpetrators of sexual violence against children and individuals with disabilities will face imprisonment of at least three years and up to fifteen years, along with fines from Class IV to VII. Law enforcement must take firm action to enforce these legal protections, ensuring the physical and psychological safety of these vulnerable individuals from any threats.
The Phenomenon of Online Gambling Among the Community
15-27
In our fast-paced and ever-evolving society, the accessibility of rights has reached unprecedented levels. Technological advances have changed the way individuals engage in various activities, facilitating access to a variety of beneficial and detrimental activities. Among the important impacts of these technological advances is the ease with which individuals can participate in unlawful activities, especially the shift from traditional gambling to online platforms. The practice of online gambling in our society does not have a strong legal basis, because it directly violates the Indonesian legal framework which strictly prohibits this activity. According to Article 27 paragraph (2) of the Information and Electronic Transactions Law (UU ITE), any person who intentionally and unlawfully disseminates, sends or provides information or electronic documents containing gambling content, is an unlawful act. Societal order is essentially closely intertwined with law, which functions as a crucial social control mechanism. This research aims to examine the sociology of law as a means of social regulation and to investigate the effectiveness of current law enforcement measures.
Analysis of Compliance with Building Permit Requirements: A Case Study of Royal Kedhaton Apartment Yogyakarta Based on the Yogyakarta City Regional Regulation No. 2 of 2012
28-40
The Royal Kedhaton Apartment does not meet the requirements for obtaining an IMB and the requirements for a building to be built in a cultural heritage area as regulated in the Yogyakarta regional regulation. The aim of this research is to analyze the actual requirements for obtaining an IMB and the requirements for constructing a building in a cultural heritage area. This research method is to use a normative juridical method, namely a method that focuses on the analysis of legal norms contained in statutory regulations, legal principles, legal theories related to this research. The results of this research are: 1. Obtain the correct procedures for obtaining a building construction permit in Yogyakarta. 2. Royal Apartments does not meet the requirements for constructing buildings in cultural heritage areas which are also regulated in the Yogyakarta Regional Regulation.
The Legal Enforcement Process in Criminal Cases Based on the Duties and Functions of Judges and Prosecutors in Indonesia
41-63
Law enforcement in Indonesia is a topic that is always interesting to discuss. This is because law enforcement in Indonesia is a complex process and involves various parties with tasks and functions that are interrelated with each other. In practice, the flow of law enforcement in Indonesia does not always run according to what it should be. This is because there is a mismatch between expectations and the reality of how the applicable legal system works, causing the binding force of the law and its transparency in law enforcement in Indonesia. This research uses a qualitative approach and descriptive-analytical method, which is normative type with data collection techniques in the form of literature studies and case studies of legal literature. It highlights the crucial role played by judges and prosecutors in ensuring justice and the sustainability of the legal process in Indonesia. The final result of the research on the flow of law enforcement in criminal cases begins with investigations conducted by police officers, which are then followed by the role of prosecutors in prosecution. The synergy between prosecutors and judges in the criminal justice process is crucial to creating an effective and fair legal system and requires close and professional cooperation between these two institutions to maintain the integrity of the justice system, protect individual rights, and create social justice in society.
Disagreement with Marriage Dispensation for Minors Viewed from Legal and Moral Aspects
64-75
Marriage law has undergone changes, especially in regulating the minimum age. Before the changes, the law set the minimum marriage age for men at 19 years and the marriage age for women at 16 years. In the amendment of Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage, the minimum age for marriage for both men and women is 19 years. In the process, although the minimum age for marriage has increased, currently there are still many marriages of underage children, both legally and not. This is because the marriage dispensation granted by the court is still in force with several strong reasons and evidence submitted by the applicant to the judge so that it can convince the judge to grant a decree. The type of research used is normative with normative juridical research methods. The approach used in this research is a statutory approach (Statute Approach) using secondary data which becomes primary legal material. The results of the research will show the results of the analysis of legal and moral aspects related to disapproval of the underage marriage dispensation and its role in reducing the number of legally illegal early marriages.
The Problems of Proof in Medical Disputes (Analysis of the Cikarang District Court Decision No. 120/Pdt.G.2019/PN Ckr)
76-87
Medical disputes are one of the most complex legal issues, particularly in the process of proving negligence, which must be carried out by the patient or plaintiff. This article examines the challenges of proving medical disputes in Indonesia, with a case study of the Cikarang District Court Decision No. 120/Pdt.G/2019/PN Ckr. In this case, the plaintiff faced difficulties in proving medical negligence, mainly because the complications experienced were considered medical risks that had been previously explained. This analysis highlights the challenges in distinguishing natural complications from actual medical negligence, as well as ethical issues related to the culture of peer protection among medical professionals that affect the objectivity of expert opinions. Additionally, the lack of adequate standards of proof and the role of independent institutions, such as MKDKI, complicate efforts to prove medical disputes. Therefore, it is necessary to strengthen standards of proof in medical disputes, enhance the role of independent expert witnesses, and ensure transparency in informed consent procedures to improve patient protection and legal justice.
The Legal Responsibility of Notaries in the Creation of Deeds Based on Legislation
88-103
The study was intended to analyze the limitations of notary legal responsibilities in deed creation based on regulatory regulations in Indonesia. The notary has the authority to make an authentic deed that has high proof power before the law, but its legal responsibilities are set within clear boundaries. Such restrictions include the obligation to observe the regulations of legislation, to ensure the legitimacy of information on the part of the party, to keep confidentiality, and to refuse papers that violate social or legal norms. Additionally, the role of the notary is also very important in ensuring that deeds made meet the legal requirements, do not harm either side, and are done with due diligence and transparency. The study used a regulatory approach with a normative-analysis method to explore the regulations governing the notary professions and the legal responsibilities attached to them.
Indigenous Community-Based Forestry Management in the Framework of the Green Constitution in Indonesia
104-119
Forestry management in Indonesia has an important role in supporting the balance of ecosystems and community welfare. In recent decades, the issue of forest degradation and deforestation has become a serious concern, both at the national and international levels. The concept of the Green Constitution comes as an approach that emphasizes environmental protection within a strong legal framework. This research aims to ensure that natural resource management policies, including forestry, are carried out with the principles of sustainability and environmental responsibility. The research method used is a normative legal research method with a conceptual approach, the results of this study found that the green constitution can be applied in forestry management in Indonesia, as well as the challenges and opportunities faced in its implementation. This study examines various relevant legal and policy aspects, including the protection of indigenous peoples' rights, public participation mechanisms, and the responsibilities of the state and other stakeholders in preserving forests. Thus, it is hoped that forestry management in Indonesia can be more sustainable and fair, in line with the principles of the Green Constitution.