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<![CDATA[KAJIAN MASALAH PRE-PROJECT SELLING APARTEMEN THE ASPEN PEAK RESIDENCE (PUTUSAN NO. 390/PDT.G/2017/PN.JKT.SEL) ]]>
<![CDATA[Sarah Anissa Rahmayanti]]>;
<![CDATA[Anda Setiawati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13608
<![CDATA[The practice of pre-project selling is widely used by development actors by being tied to the PPJB. However, problems arose, especially PPJB violations which led to lawsuits in court. In this study, the authors question whether the pre-project selling that is bound by the PPJB is in accordance with the applicable legal provisions and whether the judge's considerations in decision No. 390/Pdt.G/2017/PN.Jkt.Sel which stated that the default developer was correct. To answer these problems, research was carried out using normative juridical research types based on secondary data and the nature of the research was analytical descriptive with inductive conclusions drawn. From the analysis that has been carried out, the results of the research show that there is a discrepancy between the pre-project selling of The Aspen Peak Residence Apartment and the requirements of Articles 42 and 43 of the UURS, especially the conditions for certainty over land rights and matters agreed upon. Then the judge's decision stating that the developer was in default, the decision was correct because the developer was proven to have committed a default or violated the obligation to hand over two units of The Aspen Peak Residence Apartment.]]>
<![CDATA[GUGATAN PERBUATAN MELAWAN HUKUM PENGADILAN HUBUNGAN INDUSTRIAL BENGKULU (PUTUSAN NOMOR 6/PDT.SUS-PHI.2020/PN BGL) ]]>
<![CDATA[Hartanto Wibowo]]>;
<![CDATA[Andari Yurikosari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13609
<![CDATA[The Industrial Relations Court is not authorized to examine and decide on other cases but Supreme Court Circular Number 3 of 2018 adds a little bit regarding the instructions that apply within the Supreme Court and below, namely the Industrial Relations Court can examine and decide on lawsuits for unlawful acts. The problems: how is the argument for the lawsuit against the law based on the judge's consideration in deciding the rights dispute between Ufa Fachrulrozy and PT Julang Oca Permana based on statutory regulations and what are the legal consequences for the judgment of the judge who rejects the argument for an unlawful act as an authority in the industrial relations court? This article uses synchronization normative legal, using secondary data and primary data, analyzed qualitatively, and concluded logically deductively. In conclusion, the results of the study show that the panel of judges in Decision Number: 6/Pdt.sus-PHI/2020/PN Bgl is more inclined to use the Law than the Supreme Court Circular Letter and the legal consequence is that the plaintiff is harmed and the plaintiff can submit a legal remedy in the form of cassation.]]>
<![CDATA[PENDAFTARAN TANAH SISTEMATIS LENGKAP DI DESA BAWURAN, KECAMATAN PLERET, KABUPATEN BANTUL, YOGYAKARTA ]]>
<![CDATA[Naufal Tsaqif Wahidhadi]]>;
<![CDATA[Listyowati Sumanto]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13610
<![CDATA[Complete Systematic Land Registration is a land registration activity for the first time that is carried out simultaneously for all land registration objects in one village/kelurahan area, which includes the collection of physical data and juridical data regarding one or several land registration objects for the purpose of registration. The formulation of the problem is whether land registration through the Complete Systematic Land Registration program in Bawuran Village, Pleret District, Bantul Regency, Special Region of Yogyakarta complies with the provisions of the Minister of Agrarian Affairs and Spatial Planning Number 6 of 2018 concerning Complete Systematic Land Registration. The research uses normative juridical research type, is descriptive in nature, and uses primary and secondary data, the results of the research are analyzed qualitatively and conclusions are drawn using a deductive mindset. In conclusion, the implementation of the Complete Systematic Land Registration Program in Bawuran Village, Pleret District, Bantul Regency has been carried out in accordance with the provisions of the Minister of Agrarian Affairs and Spatial Planning Number 6 of 2018 concerning Complete Systematic Land Registration.]]>
<![CDATA[PERLINDUNGAN KONSUMEN PERUMAHAN DALAM JUAL BELI RUMAH DENGAN SISTEM PRE PROJECT SELLING ]]>
<![CDATA[Jhon Haward Hutagaol]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13611
<![CDATA[Developers make more sales using the pre-project selling system, in which developers start selling before the project is built, where the properties being sold are still new in the form of images or concepts, but in the course of transactions with the system, many consumer rights are violated by business actors. Based on this, the author discusses the problem of consumer rights being violated and efforts to restore Darwin's consumer rights based on Supreme Court Decision Number 653 K/Pdt.Sus-BPSK/2021. This article uses normative research, using secondary, primary legal, and tertiary legal materials. The author concludes that there is a discrepancy in the transaction between Darwin and PT Buana Cipta Propertindo, thereby violating consumer rights as stated in Law number 8 of 1999 concerning Consumer Protection and laws and regulations in the housing sector. The author also considers that the Supreme Court Decision which annulled BPSK and Batam District Court decisions does not support efforts to restore consumer rights and does not accommodate the Consumer Protection Act because BPSK should have the ability and authority to examine the dispute between Darwin and PT Buana Cipta Propertindo based on an agreement.]]>
<![CDATA[SARUSUN BERDASARKAN PPJB DENGAN PELAKU PEMBANGUNAN (STUDI PUTUSAN NOMOR 91/PDT/2020/PT YYK) ]]>
<![CDATA[Wiwin Sumartini]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13612
<![CDATA[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.]]>
<![CDATA[PERLINDUNGAN KONSUMEN PENGGUNA JALAN TOL JAKARTA-CIKAMPEK TERKAIT BANJIR PADA TAHUN 2021 ]]>
<![CDATA[Chika Pratiwi]]>;
<![CDATA[Siti Nurbaiti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13613
<![CDATA[Toll roads are public roads that are free of obstacles, but can also cause problems in the event of a flood, such as that occurred on the Jakarta-Cikampek Toll Road Jatibening in February 2021. What is the legal protection for consumers using the Jakarta-Cikampek toll road relating to the flooding and what are the responsibilities of the Jakarta-Cikampek Toll Road Manager on the toll road section? The research method used is a normative research method that is descriptive in nature using secondary data and primary data as supporting data. The research analysis was carried out qualitatively with deductive conclusions drawn. The results of the study illustrate that it does not provide legal protection for consumers using the Jakarta-Cikampek toll road for the Jatibening toll road during the floods that occur in 2021, because the consumer's rights in the form of the convenience of passing the toll road are not fulfilled and the Jakarta-Cikampek toll road manager for the Jatibening toll road does not provide compensation loss to toll road users against flooding, by taking cover behind force majeure reasons, even though preventing flooding on toll roads is the responsibility of toll road managers in implementing Minimum Service Standards.]]>
<![CDATA[HAK PEGAWAI NEGERI SIPIL YANG TERPIDANA KORUPSI (Studi Putusan PTUN Nomor 146/G/2019/PTUN-MDN) ]]>
<![CDATA[Graceia Vidya Delphia]]>;
<![CDATA[Andari Yurikosari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13614
<![CDATA[A Civil Servant, starting work as a Civil Servant Candidate in Central Tapanuli City, sued the Regent's Decree Number 2391/BKD/2018. After serving time in prison, the Plaintiff is still active again and receives a salary as a Civil Servant. normative juridical research, which is a descriptive analysis using secondary data which is analyzed qualitatively with a deductive method as a conclusion, based on the analysis carried out and it is concluded that 1) The basis uses article 87 paragraph 2 letter b of Law no. 5 of 2014 concerning ASN, the plaintiff must be dismissed as a Civil Servant 2) Based on Article 275 of Government Regulation Number 11 of 2017 concerning Management of State Civil Apparatuses for Civil Servants which has been proven convincing and valid through a Court Decision. Corruption Crimes need to be dishonorably discharged according to the President's procedures.]]>
<![CDATA[ANALISIS YURIDIS TINDAK PIDANA PENGGUGURAN KANDUNGAN (STUDI PUTUSAN NOMOR 40/PID.B/2020/PN.WNO) ]]>
<![CDATA[Timothy Pangihutan]]>;
<![CDATA[Norbert Tanto Harjadi]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13615
<![CDATA[The defendant Arvita Sari Winda Adi Prastowo Binti Suradi in November 2019, located in Pulegundes Hamlet, Sidoharjo Village, Tepus District, Gunung Kidul Regency or another place which is still within the jurisdiction of the Wonosari District Court, was legally and convincingly proven guilty of committing the crime of intentionally carrying out an abortion obstetrical is not in accordance with medical reasons by using curettage obtained through online media. Based on the analysis carried out, it can be concluded that the application and elements of the criminal act of abortion in the provisions of article 346 of the Criminal Code are not appropriate because based on the principle of lex specialis derogate legi generali, special rules apply that regulate types of sentencing.]]>
<![CDATA[PEMBERIAN SANKSI BAGI APARATUR SIPIL NEGARA YANG MELAKUKAN PELANGGARAN DISIPLIN BERAT ]]>
<![CDATA[Afrita Miranti]]>;
<![CDATA[Yogo Pamungkas]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13616
<![CDATA[This was experienced by Sri Endang Mulyani, who was subjected to severe disciplinary punishment with the object of dispute in the form of a Decree of the Governor of Central Java on suspicion of having a special relationship with a man who was not her legal husband. The main problem discussed in this thesis is whether the actions committed by Sri Endang Mulyani in Decision Number 20/G/2020/PTUN.SMG can be said to be serious disciplinary violations and whether the process of examining and imposing sanctions given by the Governor of Central Java is in accordance with Government Regulation Number 53 of 2010. To answer this problem a research was carried out, with the nature of descriptive analysis research, and the results of the research were carried out qualitatively and conclusions were made using the deductive method, which resulted in the conclusion that the violations committed by Sri Endang Mulyani could not be said to be a serious disciplinary violation and the inspection process carried out by the Governor of Central Java was appropriate, but the imposition of sanctions by the Governor of Central Java was not in accordance with Government Regulation Number 53 of 2010.]]>
<![CDATA[ANALISIS YURIDIS TERKAIT DENGAN PENILAIAN HAKIM TERHADAP ALAT BUKTI SURAT DALAM PERKARA GUGATAN PEMBATALAN MEREK ]]>
<![CDATA[Amartha Christine]]>;
<![CDATA[Gandes Candra Kirana]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13617
<![CDATA[The law of evidence can be said to be the key to whether or not a lawsuit filed according to the Civil Procedure Code is proven, where documentary evidence which is the main evidence plays an important role which must be considered by the panel of judges. The formulation of the problem that the author discusses is how the strength of the documentary evidence provided for in Article 164 of the Herzien Inlandsch Regulation is related to the evidence by the Plaintiff in the Trademark Cancellation Lawsuit? and whether the consideration of the Panel of Judges in the verdict which did not take into account the documentary evidence provided by the party filing the lawsuit complied with the Provisions in the Civil Procedure Code? The research was conducted using normative juridical research methods, using secondary data. Based on the results of the analysis, the Panel of Judges did not consider the documentary evidence in the form of an authentic deed submitted by the Plaintiff.]]>
