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Journal : Reformasi Hukum Trisakti

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

Abstract

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

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.
PERKAWINAN BEDA AGAMA DALAM ADAT TORAJA: STUDI KASUS PUTUSAN PN MAKALE NO. 2/PDT.P/2022: Interfaith Marriage In Toraja Customary Society: Case Study Of Pn Makale Decision No. 2/Pdt.P/2022 William Zerach El; Endang Pandamdari
Reformasi Hukum Trisakti Vol 7 No 2 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i2.22771

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife, aiming to form a happy and lasting family based on the belief in God Almighty. A marriage is considered valid if conducted according to the laws of the respective religions and beliefs of the parties involved. Marriage is governed by the Marriage Law and the Compilation of Islamic Law. In Toraja customary law, interfaith marriage is not regarded as an issue or a requirement for the validity of a customary marriage. However, it raises the question of whether the Makale District Court Decision No. 2/Pdt.P/2022/PN Mak, which approved an interfaith marriage, aligns with the applicable marriage laws in Indonesia. To address this issue, normative juridical research was conducted, supported by primary data. The collected data was qualitatively analyzed, combining secondary data with primary data, and conclusions were drawn using the deductive method. The research findings, based on secondary data and interviews, reveal that Toraja customary law does not view interfaith marriage as a problem or a condition for the validity of a customary marriage.
PENDAFTARAN TANAH SISTEMATIK BERBASIS KEPASTIAN HUKUM DI DESA SUKAMULYA KECAMATAN CIKEMBAR: Systematic Land Registration Based On Legal Certainty In Sukamulya Village, Cikembar District Putri Valery Christy; Pandamdari, Endang
Reformasi Hukum Trisakti Vol 7 No 3 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i3.23160

Abstract

Since the enactment of Ministerial Regulation ATR/BPN No. 6 of 2018, the government has implemented the Complete Systematic Land Registration (CSLR) to accelerate land registration across Indonesia, aiming to register all lands nationwide. However, its implementation faces many challenges, including in Sukamulya Village, Cikembar District. The main issue addressed is describing how the legal certainty-based systematic land registration is carried out in Sukamulya Village, Cikembar District. The author uses a normative juridical research method with a descriptive-analytical approach, utilizing secondary data supported by primary data, analyzed qualitatively. The study reveals obstacles in socialization and land measurement, highlighting the importance of thorough preparation, planning, socialization, and active participation of the CSLR Adjudication Committee and local community to ensure orderly land registration. Additionally, effective communication between the community and village officials during measurement is crucial to ensure accurate land boundaries.
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 : Faculty of Law, 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 : Faculty of Law, 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 : Faculty of Law, 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.
IMPLEMENTASI PENATAAN ASET DAN PENATAAN AKSES DI KELURAHAN TONGOLE KOTA TERNATE: Asset Reform and Access Reform Implementation on Tongole Sub-district Ternate City Marcel Ridho Juniarto; Endang Pandamdari
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19546

Abstract

Implementing agrarian reform activities in the Ternate City Land Office requires a careful balance between asset reform activities and access reform activities in order to create justice in the distribution and utilization of land resources. the formulation of the problem in this article is how the conformity of Asset Arrangement and Access Arrangement of the Agrarian Reform program in Tongole Village, Ternate City with Presidential Regulation No. 86 of 2018? and what are the obstacles faced in the implementation of Asset Arrangement and Access Arrangement in Tongole Village, Ternate City. This research method uses a normative juridical research type that is analytically descriptive, using secondary data types obtained through literature studies and processed qualitatively and then drawing conclusions in a deductive way.  The results of the discussion show that there is an urgent need to improve the implementation of asset management capacity and access management in Tongole Village, Ternate City in accordance with Presidential Regulation Number 86 of 2018. The conclusion is that there are still problems in asset management and access management in Tongole Village, Ternate City. These challenges are in direct conflict with Presidential Decree 86/2018.