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ANALISIS YURIDIS USAHA PERIKANAN PASCA UNDANG-UNDANG NOMOR 11 TAHUN 2020 CIPTA KERJA Shandra Mellany Aldalia; Endang Pandamdari
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In order to create jobs and increase investment, the government simplified numbers of statutory regulations commonly called the Omnibus Law. From Omnibus Law, Law Number 11 of 2020 concerning Job Creation was born. It changed and deleted several articles in the law. One of them is Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries. The most dominant articles related to licensing simplification are integrated in UUCK. The main problems in this research are What are the factors led to the birth of UUCK which regulates Maritime Affairs and Fisheries and the similarities and differences in fishing business from Law Number 31 of 2004 Juncto Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries with UUCK. This research is a normative and analytical descriptive legal research by using secondary data and primary data to support secondary data. The data is analyzed qualitatively and the conclusions are drawn by using deductive methods. It can be concluded that UUCK amended that every fishing business activity must have Business Permit. This business license is made by taking the risk-based licensing process into account.

TINJAUAN YURIDIS PERIZINAN BERUSAHA PERIKANAN TANGKAP OLEH NELAYAN DI PELABUHAN KARANGANTU Annisa Nur Aliza; Endang Pandamdari
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In the capture fisheries business, the government has issued regulations regarding Business Licensing, but in reality many fishing communities still do not comply with these regulations. The formulation of the problem of this research is whether the Business Permit by Fishermen with a Vessel Weight of 1 GT-30 GT at the Karangantu Archipelago Fishing Port is in accordance with the Law on Fisheries and What are the obstacles encountered in Permits for Capture Fisheries at the Karangantu Archipelago Fishing Port and what are the legal settlements. Types of Normative Legal Research, Descriptive Nature of Research, using Secondary research data, Qualitative data analysis, and conclusions drawn using deductive logic. Based on the results of the research, it proved that 10 fishing communities in the Karangantu Archipelago Fishing Port did not comply with the laws and regulations regarding Business Licensing. Obstacles faced not only from the fishermen, namely the lack of understanding of business licensing regulations, besides that from the government there are obstacles, namely still using the old regulations. The advice given is that law enforcement must be enforced in accordance with existing regulations and the government must provide education and counseling to fishing communities regarding business licensinh.

SARUSUN BERDASARKAN PPJB DENGAN PELAKU PEMBANGUNAN (STUDI PUTUSAN NOMOR 91/PDT/2020/PT YYK) Wiwin Sumartini; Endang Pandamdari
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Actors in the construction of flats can sell to buyers by marketing them first through the Binding Sale and Purchase Agreement (PPJB) system. In practice, development actors often do not comply with or violate the agreement of what was agreed in the PPJB. According to Law Number 20 of 2011 concerning Flats and what are the legal consequences of the Yogyakarta High Court decision Number 91/PDT/2020/PT YYK on control of flats based on PPJB, a study using normative juridical methods, the nature of the research is descriptive then the data used is secondary data, data analysis is done by qualitative analysis and conclusions are done deductively. This research resulted in an answer to the formulation of the problem, that is, to transfer ownership rights to an apartment unit, it must be carried out through a sale and purchase deed as the basis for the transfer of HMSRS in accordance with article 44 paragraph (1) of the Flats Law. The legal consequence of the Yogyakarta High Court Decision Number 91/PDT/2020 PT YYK is that the ownership rights to the Flats have not transferred ownership to the buyer.

TINJAUAN YURIDIS SAHNYA JUAL BELI ATAS SEBIDANG TANAH YANG BELUM DIBAGI WARIS Karmila Amalia Pesa; Endang Pandamdari
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Every country's territory or land is a valuable resource. Problem formulation: Under Muara Bulian Court Decision No. 11/Pdt.G/2019/PN, how will legally sell land that has previously been bagged by Waris and how much will the judge's considerations be in compliance with valid legal requirements? A desk-style writing script that is based on second-by-second data is used in the writing process, which is a sort of juridical normative writing. Survey results are objectively assessed and used to support important conclusions with strong reasons. According to the investigation's findings, defendants I and II engaged in a transaction to buy and sell a plot of land, but because this transaction involved the sale of a plot of land, it was not legal transaction; none of the heirs responsible for the inheritance made any requests.

PERLINDUNGAN HUKUM TERHADAP PEMEGANG TANAH HAK ADAT Benyamin Tomas Setiawan; Endang Pandamdari
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

As Lahat Regency's Indigenous Peoples, the Dalian have inherited land from their ancestors. The land belongs to the late Maijah binti Jamun, and according to the customary certificate with the number 038/P/TS/2018/1994, she had the status of having customary land rights. By entering into an agreement and a contract with the late Maijah Binti Jamun, Arta Prigel has control over the customary land that is owned by Dalian as the plaintiff and the land certificate has been issued as a Cultivation Right. However, the agreement was not paid for until a lawsuit was filed by Dalian as well as one of the heirs. The issue is whether DALIAN as successors' possession of land with customary ownership rights complies with national land law according to certificate of traditional land rights 038/P/TS/1994. Based on SUPREME COURT DECISION 3173 K/Pdt/2019 by PT. Artha Prigel, how is the legal protection of owners of traditional property rights in connection to land tenure. This style of legal study is descriptive normative. Secondary data is what was used.

PEMBERIAN GANTI KERUGIAN PEMBANGUNAN JALAN TOL DI KABUPATEN OGAN ILIR Azarine Nuratna Shafa; Endang Pandamdari
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15423

In order to implement the supply of fair and appropriate compensation during land acquisition for the public benefit, the implementation of compensation must be founded on land acquisition principles. The question being addressed is whether or not the compensation being granted for the construction of Phase I of the Simpang Indralaya-Muara Enim Toll Road in Ogan Ilir Regency is appropriate or not in light of the principles of land acquisition, as well as whether the provisions of the cassation decision No. 701 K/Pdt/2021 regarding the compensation being granted are appropriate or not in light of those principles. Normative legal research is the research method used to address the issues in the study, and analytical descriptive, secondary data kinds are the research's nature and making judgments based on deductive reasoning. The study's findings demonstrate that the provision of compensation for the Phase I Simpang Indralaya-Muara Enim Toll Road in Ogan Ilir Regency is not in accordance with the principles of agreement and openness, and the contents of the appeal decision number 701 K/Pdt/2021 regarding the provision of compensation strengthen the decision of the Kayuagung district court number 39/Pdt.G/2020/PN Kag which is not in accordance with the principles of agreement on land acquisition.

ANALISIS YURIDIS PENANGKAPAN IKAN OLEH KAPAL ASING YANG MENANGKAP IKAN DI INDONESIA Abdullah Rafi; Endang Pandamdari
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16500

The main motivation behind this study is the great majority of foreign-flagged ships operating fishing operations in Indonesian seas without SIPI. The issue is how the Ministry of Maritime Affairs and Fisheries is authorized to enforce SIPI for foreign-flagged vessels conducting fishing operations in Indonesian waters, as well as how the Ministry is authorized to enforce SIPI for foreign-flagged vessels lacking SIPI, according to Court Decision No. 10/Pid.Sus/2018/Pn Tpg. The Ministry of Maritime Affairs and Fisheries will issue SIPI directives to the Director General of Fisheries for foreign-flagged vessels fishing in Indonesian seas. In this work, normative research methods, qualitative secondary data, and the Ministry of Maritime's authority were used. The finding is that the defendant lacks a license to engage in fishing activities in Indonesian waters and that the Minister entrusted to the Director General of Fisheries the authority to issue SIPI and amend Law No. 31 of 2004 concerning Fisheries.

PELAKSANAAN REDISTRIBUSI TANAH DALAM RANGKA REFORMA AGRARIA DI KABUPATEN KUBU RAYA : Implementation of Land Redistribution in The Framework of Agrarian Reform in Kubu Raya District Deviana Putri; Endang Pandamdari
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19608

The agrarian reform program launched by the government basically aims to improve the welfare of the people, especially landless farmers. Through Presidential Regulation Number 86 of 2018 concerning Agrarian Reform, the government is trying to redistribute land for farmers, including those carried out in Kubu Raya Regency. However, in practice the land redistribution program carried out by the government isn’t in accordance with the procedures stipulated in Presidential Regulation Number 86 of 2018. Of the 10 access arrangement activities as stated in Presidential Regulation Number 86 of 2018, only 2 activities were carried out by Kubu Raya District Land Office. Before carrying out the implementation of land redistribution, the Land Office must first make a plan which is preceded by the preparation of operational instructions. Counseling on land redistribution activities should be carried out at the planning stage. In practice, the Kubu Raya Land Office doesn’t go through established mechanisms or procedures and directly conducts counseling at the implementation stage of activities that should have been carried out at the planning stage. In addition, the Land Office doesn’t control land whose area exceeds the maximum land ownership limit, which the government wants to control through the agrarian reform program.

ANALISIS YURIDIS USAHA PERIKANAN PASCA UNDANG-UNDANG NOMOR 11 TAHUN 2020 CIPTA KERJA Shandra Mellany Aldalia; Endang Pandamdari
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13445

In order to create jobs and increase investment, the government simplified numbers of statutory regulations commonly called the Omnibus Law. From Omnibus Law, Law Number 11 of 2020 concerning Job Creation was born. It changed and deleted several articles in the law. One of them is Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries. The most dominant articles related to licensing simplification are integrated in UUCK. The main problems in this research are What are the factors led to the birth of UUCK which regulates Maritime Affairs and Fisheries and the similarities and differences in fishing business from Law Number 31 of 2004 Juncto Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries with UUCK. This research is a normative and analytical descriptive legal research by using secondary data and primary data to support secondary data. The data is analyzed qualitatively and the conclusions are drawn by using deductive methods. It can be concluded that UUCK amended that every fishing business activity must have Business Permit. This business license is made by taking the risk-based licensing process into account.

TINJAUAN YURIDIS PERIZINAN BERUSAHA PERIKANAN TANGKAP OLEH NELAYAN DI PELABUHAN KARANGANTU Annisa Nur Aliza; Endang Pandamdari
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13604

In the capture fisheries business, the government has issued regulations regarding Business Licensing, but in reality many fishing communities still do not comply with these regulations. The formulation of the problem of this research is whether the Business Permit by Fishermen with a Vessel Weight of 1 GT-30 GT at the Karangantu Archipelago Fishing Port is in accordance with the Law on Fisheries and What are the obstacles encountered in Permits for Capture Fisheries at the Karangantu Archipelago Fishing Port and what are the legal settlements. Types of Normative Legal Research, Descriptive Nature of Research, using Secondary research data, Qualitative data analysis, and conclusions drawn using deductive logic. Based on the results of the research, it proved that 10 fishing communities in the Karangantu Archipelago Fishing Port did not comply with the laws and regulations regarding Business Licensing. Obstacles faced not only from the fishermen, namely the lack of understanding of business licensing regulations, besides that from the government there are obstacles, namely still using the old regulations. The advice given is that law enforcement must be enforced in accordance with existing regulations and the government must provide education and counseling to fishing communities regarding business licensinh.

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