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AKIBAT HUKUM PENETAPAN TANAH TERLANTAR HAK GUNA BANGUNAN YANG SEMULA DIKUASAI PT TAMAN HARAPAN INDAH: The Legal Consequences of Determining Abandoned Land With Building Use Rights Which Controlled by PT Taman Harapan Indah Damara, Fenny; Pandamdari, Endang
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/3eae9a55

Abstract

Currently, many individuals own land but do not utilize it effectively. Neglecting land is an unwise action. This research focuses on the procedure of determining abandoned land previously owned by PT Taman Harapan Indah with the Right to Build (Hak Guna Bangunan - HGB) in accordance with prevailing regulations, along with the legal consequences of such determination based on the Supreme Court Decision Number 565/K/TUN/2020, which was accepted by the rights holder. To address this issue, the research is conducted using a normative legal method, relying on secondary data with qualitative analysis. The conclusions drawn in this research are based on a deductive approach. The research findings indicate that the determination of abandoned land by PT Taman Harapan Indah was carried out based on Government Regulation (PP) 11/2010, with the determination made through Decree (Surat Keputusan - SK) Number 1/PTT-HGB/KEM-ATR/BPN/IV/2019. The legal impact received by PT Taman Harapan Indah, according to the Supreme Court Decision Number 565/K/TUN/2020, includes the revocation of its land rights, the termination of the legal relationship between the landowner and the land, accompanied by an affirmation that the land is now under state control.  
Revision of Legislation Regarding the Accountability of Notaries for Documents Executed Beyond the Office Premises to Ensure Fair and Certain Legal Provision Idris Assaf, Muhammad; Sulistiyono, Adi; Pandamdari, Endang
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.38

Abstract

Paragraph (1) of Law No. 2 of 2014, modified by Law No. 30 of 2004, stipulates that Notaries are forbidden from reciting documents beyond their designated jurisdiction. An issue arises where Notaries who have indeed recited deeds outside their scope of work have not faced repercussions in accordance with the pertinent legal framework. The methodology employed in this research is that of normative jurisprudence, involving an examination of secondary data sources, particularly primary legal documents such as statutory provisions, and secondary legal sources like books, articles, or journals. The theoretical framework utilized is that of equitable law certainty. Findings reveal a consistent failure to penalize Notaries who have transgressed by reciting deeds outside their designated area, despite clear violations of regulations outlined in the UUJN. In judicial rulings, authentic deeds recited by Notaries beyond their jurisdiction remain valid, highlighting the inadequacy of existing enforcement mechanisms. Drawing a comparison with the regulations governing Notaries in the Netherlands, it is evident that revisions to Article 17 (1) and (2), Article 19 paragraph (2), and Article 9 (1) letter d of the Law of Judgment are imperative to ensure the establishment of a fair and certain legal system as mandated by Article 28 D Paragraph (1) of the 1945 Constitution. Such reforms are essential to empower legal authorities in executing their duties effectively, serving the interests of justice seekers, and eliminating any ambiguity surrounding the recitation of deeds by Notaries beyond their jurisdiction.
DISKURSUS HAK EKSKLUSIF INDIKASI GEOGRAFIS ATAS PENGHAPUSAN MEREK TERDAFTAR DALAM PERLINDUNGAN HUKUM HAK KEKAYAAN INTELEKTUAL Telaumbanua, Kurniaman; Pandamdari, Endang
Jurnal De Lege Ferenda Trisakti Volume 2, Nomor 1, Maret 2024
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/ferenda.v2i1.19698

Abstract

Both trademarks and geographical indications are legal instruments that govern market communication about a product. Trademarks indicate the commercial origin of goods or services, while geographical indications signify geographical origin. Both also legally provide exclusive rights to use certain words or symbols. This research finds that trademarks and geographical indications are unique, non-interchangeable tools, and it is possible for legislation to protect both simultaneously; therefore, they are not in conflict but rather seen as harmonious tools. Specifically, in the implementation of laws in Indonesia, the implementation of Geographical Indications (GI) is given a higher status than that of registered trademarks. Explicitly, the Law of the Republic of Indonesia Number 20 of 2016 on Trademarks and Geographical Indications, Article 72 paragraph (7), governs the removal of registered trademarks at the initiative, one of which is based on having similarity in essence and/or in entirety with a Geographical Indication. Therefore, it is necessary to develop legal formulations that can accommodate both trademark and geographical indication holders because both possess exclusive rights.
Tanggung Jawab Pejabat Pembuat Akta Tanah Terhadap Karyawan yang Melakukan Perbuatan Pemalsuan Surat Dalam Pembuatan Akta Jual Beli Wijaya, Irfan; Pandamdari, Endang
Notary Journal Vol. 2 No. 2 (2022): October
Publisher : Program Studi Kenotariatan Fakultas Hukum Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/nj.v2i2.6039

Abstract

Land Deed Making Officials (PPAT) require employees to assist them in carrying out their duties, but PPAT must also pay attention to every action taken by their employees in carrying out their duties. Additionally, PPAT accuracy must be considered, particularly in the administration of their office. This research discusses PPAT's responsibility for the forgery of letters performed by their employees, and the judge's consideration in the decision on case No. 16/Pid.B/2018/PN.MTR. The author employs a normative juridical research method in this study. The research findings in terms of PPAT's responsibility for employee letter forgery; administrative responsibility, subjected to a sanction of suspended of written warning by head of land office; civil law responsibility, subjected to a sanction caused of unlawful act; criminal responsibility, can’t be charged for responsibility; PPAT must always pay attention to the regulations applicable to their positions to avoid mistakes and sanctions. PPAT supervision and guidance must still be carried out properly in order to build better quality of PPAT.Bahasa Indonesia Abstrak: Pejabat Pembuat Akta Tanah (PPAT) memerlukan karyawan untuk membantu menjalankan jabatannya, namun PPAT juga harus memperhatikan setiap tindakan yang dilakukan oleh karyawannya dalam menjalankan pekerjaannya, selain itu juga ketelitian PPAT perlu diperhatikan terutama terhadap administrasi kantornya. Rumusan masalah dalam penelitian ini adalah mengenai pertanggungjawaban PPAT terhadap perbuatan pemalsuan surat yang dilakukan oleh karyawannya; dan pertimbangan hakim dalam Putusan No. 16/Pid.B/2018/PN.MTR. Dalam penelitian ini penulis menggunakan metode penelitian yuridis normatif. Hasil penelitian dalam hal pertanggungjawaban PPAT terhadap perbuatan pemalsuan surat yang dilakukan oleh karyawannya; tanggung jawab secara administrasi dapat dikenakan sanksi teguran tertulis; tanggung jawab secara perdata dapat dibebankan perbuatan melawan hukum atas kelalaian yang mengakibatkan kerugian; tanggung jawab secara pidana tidak dapat dibebankan. Menurut penulis atas kejadian ini, PPAT harus selalu memperhatikan peraturan yang berlaku dalam menjalankan jabatannya agar terhindar dari kesalahan dan sanksi yang berlaku, kemudian adanya pengawasan dan pembinaan terhadap PPAT masih harus dilaksanakan dengan baik guna membangun kualitas PPAT yang lebih baik.
Balanced Residential Conversion Fund in Achieving Justice and Prosperity Probondaru, Ignatius Pradipa; Setyorini, Dyah; Pandamdari, Endang
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 3 (2025): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i3.1763

Abstract

The need for decent and affordable housing in Indonesia is becoming increasingly urgent alongside population growth and urbanization, but is hindered by high property prices and income inequality. This study aims to describe how Balanced Residential conversion funds contribute to achieving justice and welfare. This research uses a normative juridical method to analyze the Balanced Residential Conversion Fund policy as a solution to housing provision imbalances. The research focuses on implementation issues of Balanced Residential, including land price constraints, lack of developer incentives, and unclear fund conversion mechanisms. The results show that the Balanced Residential Conversion Fund policy, regulated through Government Regulations and managed by BP3, provides flexibility for developers while ensuring housing availability for low-income communities. However, three main challenges are identified: (1) absence of clear standards in calculating conversion fund amounts, (2) weak supervision of fund allocation, and (3) inaccurate mapping of housing needs. The research concludes that this policy has the potential to achieve social justice if improved through: (1) establishing transparent formulas for calculating conversion funds, (2) strengthening fund management and accountability systems, and (3) data-based mapping to ensure strategic locations for subsidized housing. With these improvements, Balanced Residential Conversion Funds can become an effective instrument in reducing housing backlog and creating social balance.
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.