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"Vol 3 No 3 (2021): Reformasi Hukum Trisakti"
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<![CDATA[PERLINDUNGAN HAK CIPTA MELALUI REGULASI TOKOPEDIA DALAM PENJUALAN BUKU BAJAKAN SUPERNOVA ]]>
<![CDATA[Chantry Dhityaenggarwangi]]>;
<![CDATA[Dian Purnamasari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13819
<![CDATA[Books are objects protected by copyright under Article 40 of the Copyright Law. However, there are still parties who sell pirated books of Dee Lestari's Supernova on Tokopedia. Tokopedia is a marketplace platform, where sellers and buyers transact buying and selling online. Tokopedia has regulations governing what types of goods may not be traded. The formulation of the problem regarding the form of infringement in the sale of pirated books Supernova in the marketplace Tokopedia and copyright protection against the sale of pirated books Supernova through Regulation Tokopedia. The research method is normative legal research with secondary data and supported by primary data. The nature of the research is descriptive and drawing conclusions with deductive reasoning. The results of the research, discussion and conclusions of this article are that there is a form of violation of economic rights, namely unauthorized duplication and distribution without the permission of the creator or copyright holder in the sale of pirated Supernova books on Tokopedia. In addition, Tokopedia has regulations that provide copyright protection in the Tokopedia marketplace, but it has not been maximized so that there are still sales of Supernova pirated books on Tokopedia.]]>
<![CDATA[PERLINDUNGAN HAK CIPTA TERHADAP PENAYANGAN IMPERFECT THE SERIES OLEH AKUN TIKTOK ]]>
<![CDATA[Vanessa Jaya Arlandy]]>;
<![CDATA[Dian Purnamasari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13820
<![CDATA[The case of Imperfect the Series airing by TikTok account resulted in a considerable number of viewers. the action was done without the knowledge of Ernest Prakasa, as the creator. Problem formulation: whether the viewing of Imperfect the Series by TikTok account is an act of copyright infringement and how efforts can be taken by Ernest Prakasa in overcoming the viewing of Imperfect the Series by TikTok account. the research method used is normative, the nature of the research is descriptive, using secondary and primary data. Based on the results of research, discussion and conclusions, that the viewing of Imperfect the Series is an act of copyright infringement, which violates moral rights and economic rights, as stipulated in Article 1 number 17, Article 1 number 12, and Article 5 paragraph (1) UUHC. In addition, the effort that can be taken by Ernest Prakasa is to reprimand the account and file a report. These efforts are in accordance with the applicable procedures and provisions. If these efforts are unsuccessful, then the efforts that can be taken are through alternative dispute resolution channels or courts, based on Article 95 paragraph (1) UUHC.]]>
<![CDATA[PRAKTIK DISKRIMINASI PT GARUDA INDONESIA (PERSERO) TERKAIT PROGRAM WHOLESALER ]]>
<![CDATA[Alfiyyah Inayah Taqyuddin]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13821
<![CDATA[In March, PT Garuda Indonesia (Persero) issued GA Info which appointed six wholesalers in the distribution of direct sales of Jeddah - Medina umrah tickets and resulted in market barriers for 301 PPIUs to gain access to Garuda Indonesia tickets. The formulation of the problem is; how is the activity or behavior of PT Garuda Indonesia (Persero) in carrying out discriminatory practices resulting in losses to other business actors based on Article 19 letter d of Law Number 5 Year 1999? and whether the considerations of the KPPU Panel in deciding case Number 06/KPPU-L/2020 are in accordance with Law No. 5/1999 and applicable laws and regulations in the field of competition law? Research method is normative, descriptive in nature using secondary data obtained through literature studies and interviews. The data is qualitatively with deductive inference. The results of the research, discussion and conclusions of the author are; that Garuda Indonesia's activities in carrying out discriminatory practices are by appointing six wholesalers, resulting in 301 wholesalers not being able to access airplane tickets directly through Garuda Indonesia and the consideration the KPPU Panel in deciding case Number 06/KPPU-L/2020 is in accordance with Law No. 5/1999 and regulations in field competition law.]]>
<![CDATA[PENDAFTARAN TAGIHAN ATAS JAMINAN CROSS COLLATERAL DALAM PROSES PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG ]]>
<![CDATA[Nadia Nursantih]]>;
<![CDATA[Heru Pringgodani Sanusi]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13822
<![CDATA[Cross Collateral in a Bank Credit is a guarantee derived from one legal relationship or for one or more debts derived from several legal relationships, provided by the debtor and accepted by the bank which can reduce the risk in lending, this is in accordance with the principle of prudential banking. The formulation of the problem discussed, how is the Treatment of Cross Collateral Collateral for the Recording of Bill Registration in the Accounts Receivable List in the PKPU Process and how is the Position of Bank Creditors as Holders of Cross Collateral in the Receivables Matching Phase in the PKPU Process according to UUK-PKPU. Normative writing method, descriptive writing nature, type of data using secondary data, qualitative data analysis. And conclusion making is done with deductive logic. Based on the results of the study, Cross Collateral in the PKPU process can be divided pari passu pro rata and the position of Creditors holding Cross Collateral as a privileged separatist Creditor based on Article 55 paragraph (1) UUK-PKPU, and applies mutatis mutandis to the PKPU process based on Article 246 UUK-PKPU so that the right to confiscation and execution in PKPU is suspended until PKPU ends.]]>
<![CDATA[ANALISIS HUKUM PERLINDUNGAN PENCIPTA ATAS KOMERSIALISASI LAGU YANG DILAKUKAN OLEH TELEVISI INDOSIAR ]]>
<![CDATA[Fadyah Suci Wulandari]]>;
<![CDATA[Simona Bustani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13828
<![CDATA[Protection of Intellectual Property Rights on copyright which includes economic rights and moral rights of the creator and/or copyright holder is needed, with the violation of the announcement and/or reproduction of copyrighted works that are not done with permission or license agreement. The formulation of this problem is how the arrangement of the legal protection of songwriters Bukan Pengemis Cinta based on the Copyright Act and how the role of LMK and LMKN in copyright protection. The research method used is normative, this research is descriptive, the type of data used is primary and secondary data, qualitative data analysis, and methods to draw conclusions using deductive logic. The results of this research, discussion and conclusion are the legal protection arrangements of creators and / or copyright holders have been regulated in UUHC in 2014 and PP No. 56 of 2021 this confirms the mandate of UUHC 2014 regarding royalty payments, LMK and LMKN play an important role for that, the establishment of this Institution is a way of solving problems experienced by creators and/or copyright holders who often experience obstacles in maintaining their economic rights to the commercialization of their copyrighted works.]]>
<![CDATA[PENGAMBILALIHAN SAHAM PERUSAHAAN MENURUT UU ANTIMONOPOLI (PERBANDINGAN HUKUM INDONESIA DENGAN KOREA SELATAN) ]]>
<![CDATA[Nadya Angelina]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13829
<![CDATA[Competition law regulates the obligation to report the acquisition of company shares with certain requirements. However, each country regulates the reporting requirements with a different system, as well as Indonesia and South Korea. The problem formulation is how the regulation of the submission of share takeover reports according to Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and the Monopoly Regulation and Fair Trade Act in South Korea, as well as differences in the application of reporting delays in takeovers in Indonesia and South Korea. Normative juridical research method using secondary data, analyzed using qualitative methods with deductive inference. The results of research, discussion and conclusion that the submission of a share takeover report in Indonesia is regulated in Article 29 of the Antimonopoly Law jo. Article 5 of Government Regulation No. 57 of 2010 and South Korea in Article 12 of the MRFTA. Both countries use a post notification reporting system, but South Korea stipulates mandatory pre-notification with certain limitations. The sanction for late reporting in South Korea is relatively smaller, which is ₩100,000,000.00, while the late fine in Indonesia is calculated daily up to a maximum of Rp 25,000,000,000.]]>
<![CDATA[PERBANDINGAN HAK PENGUASAAN ATAS TANAH ANTARA NEGARA INDONESIA DENGAN NEGARA KEPULAUAN SOLOMON ]]>
<![CDATA[Dhea Nadhifa Vrily Pontoh]]>;
<![CDATA[Dinda Keumala]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13830
<![CDATA[Comparative Law is the confrontation of comparable elements of two legal systems to find their differences and similarities. Land tenure rights in Indonesia and Solomon Islands. The formulation of the problem is; what are the similarities and differences between the Land Tenure Rights between the State of Indonesia and the Solomon Islands? and what are the factors causing differences in Land Tenure Rights between the State of Indonesia and the Solomon Islands? The method of legal research is normative and is descriptive-comparitive, secondary data which is analyzed qualitatively, and the conclusion is drawn using the deductive method. The results of this research, discussion and conclusion are, there are similarities in Indonesia and the Solomon Islands regarding land tenure rights, namely the meaning of land tenure rights, the existence of customary land tenure rights, individual rights to land in the form of property rights & perpetual estate, and arrangements for the subject of land rights holders. In addition to similarities, differences arise in the form of regulation of land tenure rights, the use of hierarchy in land tenure rights, systematics in land tenure rights in the form of state control rights with public (crown) land.]]>
<![CDATA[PRINSIP ITIKAD BAIK DALAM PENDAFTARAN MEREK TYPE R MILIK HONDA MOTOR CO. LTD (STUDI PUTUSAN NOMOR 42/PDT.SUS-MEREK/2019/PN.NIAGA.JKT.PST) ]]>
<![CDATA[Widya Ananda]]>;
<![CDATA[Simona Bustani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13837
<![CDATA[The case of cancellation of registered trademark Handy Wijaya related to the element of bad faith in the registration of the trademark is similar in essence to the famous trademark of Honda Motor Co., Ltd. The problem is: how is the regulation of the principle of good faith in the registration of the TYPE R trademark owned by Honda Motor Co., Ltd. based on Law Number 20 of 2016 concerning trademarks and why the principle of good faith is not used as one of the legal considerations based on decision Number 42/Pdt.Sus-Merek/2019/PN.Niaga.Jkt Pusat. It is normative and qualitatively. The results of research, discussion and conclusion that the TYPE R Trademark owned by Handy Wijaya, proven to have similarities in essence with the Type R Trademark owned by Honda Motor Co., Ltd. regarding the shape, way of placement, way of writing, combination of elements or similarity of speech sounds which violates the principle of good faith in trademark registration in accordance with Law Number 20 of 2016 concerning Trademarks and Geographical Indications, where Handy Wijaya has been proven to register his trademark in bad faith which causes Handy Wijaya's TYPE R trademark to be canceled with all its consequences.]]>
<![CDATA[TANGGUNG JAWAB MERCHANT SHOPEE DALAM TRANSAKSI COD MENURUT HUKUM PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Stella Trixie Jane]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13840
<![CDATA[One of the fast-growing e-commerce sites in Indonesia is Shopee. Shopee provides a Cash on Delivery (COD) payment method. The application of COD in fact gets a lot of public attention, because many consumers vent their anger at the courier because the goods sent do not match the order. The formulation of this problem is How are the legal consequences of business actors in Shopee application-based buying and selling transactions through Cash on Delivery (COD) for goods sent that are not in accordance with orders according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? And how is the responsibility of business actors in buying and selling transactions based on the Shopee application through Cash on Delivery (COD) for goods that are sent not in accordance with the order according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? Normative research method, analyzed using qualitative methods with deductive inference. The results of the research, discussion and conclusion, that the legal consequences of the Shopee application-based buying and selling transaction through COD, the business actor provides compensation and consumers can make complaints, and the responsibility of the business actor is contractual responsibility.]]>
<![CDATA[PENDAFTARAN PERALIHAN HAK ATAS TANAH KARENA JUAL BELI YANG DIBUAT DIBAWAH TANGAN (STUDI KASUS PUTUSAN NO. 116/PDT.G/2019/BKN) ]]>
<![CDATA[Rurrie Putri Mutiara Sari]]>;
<![CDATA[Dinda Keumala]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13841
<![CDATA[The transfer of land rights in a sale and purchase must be carried out in front of an authorized official (PPAT) by making a Sale and Purchase Deed as evidence for the process of transferring land rights/title at the Land Office. The formulation of this research problem is how is the validity of the transfer of land rights due to the sale and purchase of land made under the hand? What must the buyer do to register the transfer of land rights made under the hand based on Decision No. 116/Pdt.G/2019/Bkn? Normative juridical research method. Secondary data collection technique. The nature of the research used is descriptive analytical. This research is analyzed qualitatively. The method of drawing conclusions with the deductive logic method. The results of research, discussion and conclusions, especially in the case of Decision No.116/Pdt.G/2019/Bkn Bangkinang that the sale and purchase of land under the hand is valid because it has fulfilled the material requirements in buying and selling, but has not fulfilled the formal requirements because the sale and purchase is carried out only with a letter under the hand, a Sale and Purchase Deed has not been made before a PPAT.]]>
