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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.
LEGAL PROTECTION FOR DECEASED RECIPIENTS OF NOTARIAL WILLS Sudjono, Ira; Uwiyono, Aloysius; Pandamdari, Endang
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1145

Abstract

The objective of this study is to examine the legal protection provided to the community in relation to the copies of wills created by deceased notaries. This research falls under the category of normative law and adopts both a statutory and case-based approach. The study utilizes primary and secondary data, drawing from various legal sources including primary, secondary, and tertiary legal materials. The findings reveal that the submission of the Notarial Protocol should be completed within 30 days, accompanied by an official report signed by both the submitter (heir) and the recipient (notary). It is not uncommon for the family and heirs of a deceased notary to lack understanding of the rules and procedures pertaining to the transfer of notary protocols. This knowledge gap can be attributed to the insufficient education provided to the notary's family, heirs, employees, as well as the wider community by the notary themselves, notary organizations, and the Ministry of Law and Human Rights. Additionally, there is a legal vacuum in the judicial system concerning potential issues that may arise during the submission process of notary protocols. Therefore, it is imperative to reformulate the regulations governing the submission of notary protocols, including the implementation of sanctions for negligent heirs and temporary notary officials who fail to submit the protocols of deceased notaries. Furthermore, the introduction of electronic-based storage systems for notary protocols should be considered to ensure legal certainty for the public.
Indonesian Port Re-Service as the Main Support of the Supply Chain Ratnawati, Elfrida; Nugraha, Andhyka Tyaz; Pandamdari, Endang
International Journal of Supply Chain Management Vol 9, No 5 (2020): International Journal of Supply Chain Management (IJSCM)
Publisher : ExcelingTech

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59160/ijscm.v9i5.5572

Abstract

Ports as key of transportation network, the gate of economy activities, transportational mode transition center, site of distribution, production, and consolidation of goods and services, and a place that highly related with routine industrial, agricultural, tourism, and commercial activities. Its important roles in commercial field are as chain of transportation (transportation system) which is a series of goods movement from sender to the receiver or customer that involves various of transportational mode transitions. Are the activities conducted related with supply and chain in ports are already in harmony from the perspective of regulations? Should these ports be re-serviced to improve its performance as a part of supply and chain management? The utilized method in this research is a normative method, with a descriptive analysis by utilizing secondary and primary data. The result of this research reveals that the implemented policy is not in harmony with the available resource in the field, and caused unoptimum output. Because of that, a cooperation between the available human resources in the policy implementation is vital to improve the sector’s contribution towards the national economy, where ports are placed as an accelerator of physical and economical development. Port reservice is a requirement to improve the inconducive and unprofessional Indonesian ports that contribute on ineffective and inefficient service performance. Indonesian ports should organize its performance by improving their tools as supporting facilities and infrastructures. If the available funding is insufficient, port management is recommended to invite both domestic or foreign investors to provide capital investments. 
PELAKSANAAN REDISTRIBUSI TANAH DALAM RANGKA REFORMA AGRARIA DI KABUPATEN KUBU RAYA : Implementation of Land Redistribution in The Framework of Agrarian Reform in Kubu Raya District Putri, Deviana; Pandamdari, Endang
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19608

Abstract

The agrarian reform program launched by the government basically aims to improve the welfare of the people, especially landless farmers. Through Presidential Regulation Number 86 of 2018 concerning Agrarian Reform, the government is trying to redistribute land for farmers, including those carried out in Kubu Raya Regency. However, in practice the land redistribution program carried out by the government isn’t in accordance with the procedures stipulated in Presidential Regulation Number 86 of 2018. Of the 10 access arrangement activities as stated in Presidential Regulation Number 86 of 2018, only 2 activities were carried out by Kubu Raya District Land Office. Before carrying out the implementation of land redistribution, the Land Office must first make a plan which is preceded by the preparation of operational instructions. Counseling on land redistribution activities should be carried out at the planning stage. In practice, the Kubu Raya Land Office doesn’t go through established mechanisms or procedures and directly conducts counseling at the implementation stage of activities that should have been carried out at the planning stage. In addition, the Land Office doesn’t control land whose area exceeds the maximum land ownership limit, which the government wants to control through the agrarian reform program.  
PELAKSANAAN KEGIATAN REFORMA AGRARIA MELALUI PROGRAM REDISTRIBUSI TANAH DI DESA CITOREK TIMUR KECAMATAN CIBEBER KABUPATEN LEBAK: Agrarian Reform Activities Through the Land Redistribution Program in Citorek Timur Village Cibeber District, lebak District Trianassari, Tedy Kurniawan; Pandamdari, Endang
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/c9s95972

Abstract

Indonesia is reorganizing land tenure in a more equitable and equitable manner called Agrarian Reform. This activity was also carried out in Citorek Village. However, in its implementation there is a discrepancy between the implementation and the applicable laws and regulations. Therefore, the problem that arises is how the implementation of the land redistribution program in East Citorek Village is in accordance with Presidential Regulation No. 86 of 2018 and what obstacles exist during the implementation of the land redistribution program in East Citorek Village. The type of research method used is sociological jurisprudence, descriptive in nature, data sources are obtained through literature study and secondary data, data collection methods are carried out through literature study techniques, data analysis using qualitative methods and deductive inference. The conclusion of the research found that in its implementation, there are discrepancies regarding the subject of land redistribution recipients and at the implementation stage there are counseling activities that should be carried out at the planning stage. The obstacles to the implementation of land redistribution are found in the regulations, in the implementation and in the community.
URGENSI PELINDUNGAN HAK PRIORITAS (PRIORITEITRECHTS) ATAS ASET TANAH BUMN YANG DIPEROLEH DARI UNDANG-UNDANG NASIONALISASI YANG DIKUASAI OLEH PIHAK KETIGA SECARA MELAWAN HUKUM Sumarno, Cecep; Pandamdari, Endang
Jurnal De Lege Ferenda Trisakti Volume 2, Nomor 2, September 2024
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/ferenda.v2i2.21521

Abstract

The complex land law issues upstream are affecting the stagnation of land law enforcement. Law enforcement by administrators is not adequately carried out, as the trend is always directed towards court resolutions (District Court Decision Selong No. 64/Pdt.G/2019/PN. Sel). Similarly, the enforcement of rights or certification often perceived as illegal is frequently seen as a discretionary matter, rather than a criminal one. The enforcement of land use and land utilization seems to be separated from land law enforcement, which should be carried out by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (Ministry of ATR/BPN). The author believes that there should be a collaborative effort among the Ministry of ATR/BPN, including the Regional Office of ATR/BPN in the Province and the Land Offices at the District/City level, the Corruption Eradication Commission (KPK), the Provincial Government down to the District/City Governments, State-Owned Enterprises Branch Offices in the Province and District/City, as well as the High Prosecutor's Office and the District Prosecutor's Office to carry out land and building registration activities in their respective areas, in accordance with land law regulations and land registration, while also considering the relevant laws and their implementing regulations
ANALISIS YURIDIS PERAN BANK TANAH BAGI REFORMA AGRARIA DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA: Juridical Analysis of The Role of Land Banks For Agrarian Reform in Law Number 11 of 2020 Concerning Job Creation Novery, Aprilia Wulan; Pandamdari, Endang
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/c90em767

Abstract

Land banks are specialized institutions with the responsibility of planning, acquiring, buying, maintaining,utilizing, and distributing land. In light of the Agrarian Reform Act of 2020 (Law No. 11 of 2020), thisarticle brings up the question of land banks as a means to further the goal of the law. The papers publishedhere meet the norms of professional legal study. This study intends to analyze land banks from a legal andphilosophical standpoint. This study's results clarify how Government Regulation 64 of 2021 andPresidential Regulation 113 of 2021 define land banks as providers for agricultural reform, as mandatedby Job Creation Law No. 11 of 2020. The Land Bank is obligated to actively participate in supplying landfor agrarian reform and allocate at least 30% of the land area under its control to this purpose. Inconclusion, the Job Creation Law requires the Land Bank to be governed in a way that allows it to fulfillits role as a land-providing agency, gather land for future development, and manage that property in away that upholds the ideals of equity, legal certainty, and legal benefits. Bank.