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"Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti"
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<![CDATA[KEPEMILIKAN TANAH YANG DIPEROLEH MELALUI JUAL BELI DIBAWAH TANGAN SECARA MELAWAN HUKUM ]]>
<![CDATA[Fairuuzah Fairuuzah]]>;
<![CDATA[Listyowati Sumanto]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13439
<![CDATA[The sale and purchase of land must be carried out before the Land Deed Making Officer in order to obtain Sale and Purchase Deed as a condition for registering the transfer of rights over the land. However, in practice, buying and selling is done underhand. A Case of unlawful land ownership occurred in Kuta Village, Central Lombok District. The problem: whether the sale and purchase carried out by Samah/seller to Ike Ratna Wulan and Nanang Abdul Mukti/third party can be categorized as unlawful act and how the dispute resolved in Supreme Court Decision Number 1979 K/PDT/2019. The research is normative and descriptive legal research, using primary and secondary, The data is analyzed qualitatively and conclusions are drawn using deductive logic method.. The conclusion: the sale and purchase carried out in 2006 between Samah/Seller and Sahdan was valid because it met the material and formal requirements. The sale and purchase in 2013 between Samah/seller to Ike Ratna Wulan and Nanang Abdul Mukti/Third Party was categorized as an unlawful act because it fulfilled the elements in article 1365 of Civil Code so that the sale and purchase was illegal and null and void because Samah has no right to sell the land.]]>
<![CDATA[ANALISIS PERLINDUNGAN AHLI WARIS MEREK SETIA HATI TERATE BERDASARKAN UNDANG-UNDANG MEREK ]]>
<![CDATA[Suci Lestari]]>;
<![CDATA[Simona Bustani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13441
<![CDATA[The Legal protection for the heirs of the Setia Hati Terate brands is registered under Law no. 20 of 2016 concerning Brands and Geographical Indications, provides an overview of the suitability of the Supreme Court Judge's decision Number 40K/Pdt.Sus.HKI/2021 with Law No. 20 of 2016 concerning Brands and Geographical Indications. The case is about trademark cancellation requests against brands held by the heirs of the brands. So, the problem in this research explains that basically legal protection for the heirs of trademark rights holders is part of the purpose of the law itself. The research discussion shows that legal protection for trademark rights holders is part of the purpose of the law itself. This type of research is normative and analyzed qualitatively. The opinion of several experts argue that the purpose of law is to protect the interests of the community, and also interprets that the purpose of law is to regulate order in society, and others. The conclusion of this research is in the form of how the legal protection for the heirs of trademark rights holders based on Law no. 20 of 2016 concerning Marks and Geographical Indications.]]>
<![CDATA[TANGGUNG JAWAB PENGELOLA JALAN TOL ATAS KECELAKAAN DI JALAN TOL JAKARTA-CIKAMPEK ]]>
<![CDATA[Khosyi Putra Ariswari]]>;
<![CDATA[Siti Nurbaiti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13442
<![CDATA[The toll road is a freeway but there are many road users who feel unsafe, such as the case of car tire burst at KM 39+500 on the Jakarta-Cikampek Toll Road. The subject of the research are: what is the Responsibility of the Jakarta-Cikampek Toll Road administrators for the accident occurred at KM 39 of Cikampek Toll Road according to Law Number 38 of 2004 concerning Roads and how the Jakarta-Cikampek Toll Road administrators provides compensation to accident victims at KM 39 of Jakarta-Cikampek Toll Road. The research is normative and descriptive legal research, based on secondary data and supported by primary data. The data is analyzed qualitatively and conclusions are drawn using deductive methods. The conclusions of the research illustrate that the Jakarta-Cikampek toll road adminitrators is not responsible for the accident, in accordance with the provisions of Article 42 of Law Number 38 of 2004 concerning Roads, and the compensation provided by the Jakarta-Cikampek toll road administrators to victims is limited to material losses, not including immaterial losses. PT (Persero) Jasa Marga is considered negligent because it is proven that there are part of the roads that do not meet the minimum service standards for toll roads.]]>
<![CDATA[TINDAKAN USNS IMPECCABLE DALAM MELAKUKAN KEGIATAN DI 75 MIL SELATAN PULAU HAINAN ]]>
<![CDATA[Maya Ajeng Nur’Aini]]>;
<![CDATA[Anto Ismu Budianto]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13443
<![CDATA[Marine scientific research collect all types of data carried out at sea such as oceanography, marine biology, and hydrography. Marine scientific research is carried out with the consent of the coastal state and is carried out for peaceful purposes. The research’s issues are whether the actions of the USNS ship conducting marine scientific research in 75 miles south of China's Hainan Island violated the 1982 KHL and whether the USNS ship's actions could be proven as military activity, namely reconnaissance at the Yulin Sea Base based on the 1982 KHL. This research conducted in normative methods and using data obtain through literature studies. The conclusion of this research is that the USNS Impeccable in its activities violated the 1982 KHL. The USNS Impeccable carried out its activities in 75 miles of China's Hainan Island which is an EEZ claimed by China. The USNS Impeccable ship did not give prior notification of its activities as stipulated in Article 58 of the 1982 KHL and its activities could be proven as military activities because it threatened China's sovereignty in its activities which also indicated reconnaissance of the Yulin Sea Base which violated article 301 of the 1982 KHL.]]>
<![CDATA[ANALISIS YURIDIS USAHA PERIKANAN PASCA UNDANG-UNDANG NOMOR 11 TAHUN 2020 CIPTA KERJA ]]>
<![CDATA[Shandra Mellany Aldalia]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13445
<![CDATA[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.]]>
<![CDATA[ANALISIS YURIDIS KEWENANGAN PENGADILAN NIAGA MENGADILI PUTUSAN HOMOLOGASI ANTARA PEKERJA DENGAN PERUSAHAAN ]]>
<![CDATA[Bella Shaqira Sucipto]]>;
<![CDATA[Ning Adiasih]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13446
<![CDATA[Court Decision Number 274.Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst is a lawsuit filed by workers due to non-implementation of the Decision from Industrial Relations Court by PT Sari Keramindo International. The main problems: how the authority of Central Jakarta Commercial Court in examining and deciding disputes between workers and PT Sari Keramindo International and how is the dispute resolution process in homologation decisions between workers and PT Sari Keramindo International based on the regulations. This research is normative descriptive legal research trough literature studies, analyzed qualitatively and conclusions are drawn using deductive methods. The conclusion: Commercial Court has authority to adjudicate disputes between workers and PT Sari Keramindo International due to wages and severance pay which can categorized as debt arising from law due to the non-implementation of the decision of Industrial Relations Court and provisions in Article 1149 (4) of Civil Code and Article 81 number 33 of Law Number 11 of 2020 which confirms that the workers positioned as preferred creditors for unpaid wages and other rights. As well as the existence of discrepancies in Decision Number 274/Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst related to expiration of time period in deciding on homologation decisions as stipulated in Article 284 (4) of Law Number 37 of 2004.]]>
<![CDATA[SENGKETA PENERBITAN SERTIPIKAT HAK MILIK DI ATAS TANAH HAK GUNA USAHA ]]>
<![CDATA[Aldavira Artamevia]]>;
<![CDATA[Listyowati Sumanto]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13447
<![CDATA[Land registration is required to guarantee legal certainty and also the certainty of land rights. Land certificate is a strong proof of rights. However, there were cases of multiple certificates, more than one certificate on the same plot of land in Kuantan Singingi Regency. The main problem in this research is what causes overlapping certificates regarding the issuance of certificates of property rights on land that still has the status of PT Wanasari Nusantara's Cultivation Rights. This research is a normative and descriptive legal research by using primary and secondary data, analyzed qualitatively and the conclusions are drawn by using deductive logic methods. The conclusion obtained in this research is that the factors causing the problem of overlapping certificates are because the land registration still does not use a computerized system and does not utilize land registration maps, so that village officials provide wrong information to the National Land Agency.]]>
<![CDATA[DITOLAKNYA GUGATAN PERCERAIAN KARENA TIDAK ADANYA SURAT IZIN PERCERAIAN PEGAWAI NEGERI SIPIL ]]>
<![CDATA[Amelia Chandra Utami]]>;
<![CDATA[Setyaningsih Setyaningsih]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13448
<![CDATA[Article 1 of the 1974 Law regulates the sacredness of a marriage and a lifelong bond between the two. Article 38 of the UUP explains that marriages can be dissolved due to divorce and court decisions. But not all divorce requests were granted by the court. In the Sidoarjo District Court Decision 158/Pdt.G/2020/PN.Sda, The Judge rejected the dissolving of the marriage between the two doctors who had status as civil servants because there was no divorce permit from the superior which should be attached in the documents as proof. The main issues are: 1) Was the absence of a divorce permit from the superior is the reason for dissolving of the marriage, 2) What were the judge's considerations in rejecting the dissolving of the marriage between Dr. SpOG (K) and Dr. Yz.]]>
<![CDATA[ANALISIS YURIDIS TERHADAP KOMPETENSI PENGADILAN HUBUNGAN INDUSTRIAL DALAM MEMERIKSA SENGKETA PERJANJIAN KEMITRAAN ]]>
<![CDATA[Cherya Metriska]]>;
<![CDATA[Yogo Pamungkas]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13450
<![CDATA[The definition of absolute competence is regarding to power between judicial bodies, seen from the type of court, and regarding the granting of power to adjudicate. The research’s main problems are whether the Central Jakarta Industrial Relations Court has the authority to examine and decide disputes between Wandi Irawan, et al., Against PT Tubagus Jaya Mandiri and whether the decision of Industrial Relations Court in the dispute between Wandi Irawan, et al and PT Tubagus Jaya Mandiri complies with Law Number 2 of 2004? This research is a normative and descriptive analytical legal research by using secondary data and the conclusions are drawn by using deductive logic methods. The conclusions are that the Industrial Relations Court at the District Court in the first degree had been decided with a N.O Decision or an unacceptable decision, because it is clear that when it comes to a claim containing or violating absolute competence, the claim is said to be unacceptable, not rejected decison so that the plaintiff should have re-submitted the lawsuit to District Court in the legal area where the defendant lives, not to Industrial Relations Court because it is not an institution that has the authority to adjudicate.]]>
<![CDATA[MASALAH WANPRESTASI PENGEMBANG APARTEMEN NEWTON RESIDENCE ]]>
<![CDATA[Erica Khoirunnisa]]>;
<![CDATA[Anda Setiawati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13451
<![CDATA[The practice of Pre-Project Selling is used by people in the construction of flats by binding potential buyers through a Sale and Purchase Agreement (PPJB). In reality, many problems arise, especially the problems in PPJB violations. The problems in this research are whether pre-project selling of Newton Residence Apartments is in accordance with applicable procedures and whether PPJB violations by the developer include acts of default or acts against the law and whether the consideration of the panel of judges stated that the perpetrators of the construction of defaults were in accordance with the provisions of the applicable law. To answer the problems, the authors conduct a normative and descriptive legal research by using secondary data obtained trough library research, analyzed qualitatively and the conclusions are drawn deductively. The results of this research are that the pre-project selling of Newton Residence Apartments is not in accordance with the Decree of Menpera No. 11/KPTS/1994 and the actions of the perpetrators of the development include acts of default in the form of not carrying out what has been agreed upon, and a court decision stating that the developer is default is in accordance with the applicable law and regulations.]]>
