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All Journal Reformasi Hukum Trisakti Amicus Curiae
Endang Pandamdari
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13612

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14101

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15295

Abstract

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

Abstract

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

Abstract

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.
AKIBAT HUKUM PENANGKAPAN IKAN DENGAN TIDAK MEMILIKI SURAT IZIN PENANGKAPAN IKAN (STUDI PUTUSAN NOMOR 2/PID.SUS-PRKN/2019/PN.MME): Legal Consequences Of Fishing Without A Fishing License (Decision Number 2/Pid.Sus-Prkn/2019/PN.Mme) Fania Nur Halimah; Endang Pandamdari
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19440

Abstract

A fishing license is a written permitthat every fishing vessel must have to conduct fishing. The formulation of the problem in this study is how fishing by Gani who does not have a fishing license (SIPI) is reviewed from the Fisheries law, and what are the legal consequences of fishing by Gani without a Fishing License (SIPI) based on the Study of decision Number 2/Pid.Sus-Prkn/Pn.Mme. This research uses descriptive normative legal research methods, the type of data uses secondary data and is studied qualitatively, so that way of drawing conclusions uses deductive logic. This research leads to regulations on the supervision and control of fishing activities that damage fisheries resources, which in this case are regulated in west Nusa Tenggara Province Regional Regulation Number 8 of 2020. The result of the study explain that Gani in conducting fishing has violated the provisions of the Fisheries Law, violating the licensing requirements and the use of fishing gear, namely compressors, which caused gani as a ship owner to be found guilty of committing a fishing crime, namely violating Article 27 paragraph 1 of the Fisheries Law, because a Fishing License must be owned when fishing.
Co-Authors Abdullah Rafi Annisa Nur Aliza Azarine Nuratna Shafa Benyamin Tomas Setiawan Deviana Putri Fania Nur Halimah Karmila Amalia Pesa Shandra Mellany Aldalia Wiwin Sumartini