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ANALISIS YURIDIS KEWENANGAN PENGADILAN NIAGA MENGADILI PUTUSAN HOMOLOGASI ANTARA PEKERJA DENGAN PERUSAHAAN Bella Shaqira Sucipto; Ning Adiasih
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

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.

PEMBAGIAN WARIS ANAK ANGKAT BERDASARKAN HUKUM WARIS ADAT AMBON Winny Amanda Darwin; Ning Adiasih
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Customary law is a law that is recognized and developed in Indonesian society. An adopted child is a child legally adopted from another person, through adoption, the status of the adopted child changes from not being a biological child to becoming an adopted child who is legally recognized or has the same position as a biological child. The problem in this material is how the position of adopted children in Ambon customary inheritance law. The type of research conducted is normative which is descriptive in nature supported by secondary data, then analyzed qualitatively, by drawing conclusions carried out by the deductive method. As stipulated in the customary inheritance law in Ambon Landraad Amboina Decree No.14/1920 that in inheriting the position of adopted children the same as biological children as long as their appointment is before a notary or court and with the approval of the Head of Saniri Negri and heir children or biological children of parents he adopts, in other words, it is not enough just to get the approval of the head of the State Saniri, without the approval of the heirs, that adopted children cannot inherit the right to inherit along with their biological children.

PELAKSANAAN GOOD PENSION FUND GOVERNANCE PADA DPLK BNI (PROGRAM BNI SIMPONI) Sylvana Grace; Ning Adiasih
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In running the BNI Simponi program, in order for this program to be said to have carried out good management, the Financial Institution Pension Fund must contain the principles listed in Article 1 point 2 of the Financial Services Authority Regulation Number 15/POJK.05/2019. The formulation of the problem in this journal is how the implementation of Good Pension Fund Governance in the BNI Simponi Financial Institution Pension Fund owned by Bank Negara Indonesia. The research method used is normative type, descriptive in nature, the main data is secondary data supported by interviews, how to collect data by literature study, qualitative analysis and how to draw conclusions with the deductive method. The results of the research, discussion and conclusion are that the Pension Fund of the Financial Institution of Bank Negara Indonesia has implemented the principles of good Pension Fund Governance even though there are several obstacles experienced. Suggestion: DPLK BNI needs to improve the technology system so that the obstacles experienced can be overcome and the need for cooperation with the government in order to socialize the importance of having a Pension Fund.

ANALISIS PENOLAKAN PERMOHONAN UJI MATERIIL PERATURAN KOMISI PEMBERANTASAN KORUPSI NOMOR 1 TAHUN 2021 Gilang Narawangsa Namara; Ning Adiasih
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15291

The Supreme Court's existence is inextricably linked to its status as the highest court in the land, with the power to physically examine and assess legal rules to determine whether a product is legal in terms of content (material) that is incompatible with a higher or higher level. The issue is how the judge's considerations in the Supreme Court decision No. 26/P/HUM/2021 in light of Law No. 19 of 2019 concerning the Second Amendment to Law No. 30 of 2002 regarding the Corruption Eradication Commission (KPK) and its decision Constitutional Court Number 70/PUU-XVII/2019 and the authority of the KPK after the issuance of Supreme Court Decision Number 26/P/HUM/2021 on the Eradication of Corrupt Practices in Indonesia. The research is normative, using secondary data, analyzed qualitatively, deductive conclusions. The results of the research and discussion are that the plaintiff's request must be accepted by the panel of judges who tried the case without changing the permit. The author has opinion that the Supreme Court decision is inconsistent with the applicable laws and regulations. Conclusion: there are differences in interpretation and meaning regarding the national vision test and there is no change in authority before and after decision 26/P/HUM/2021 which is attached to the national vision test of Law No. 19 of 2019.

PENERAPAN SISTEM PEWARISAN PATRILINEAL MASYARAKAT ADAT BATAK TOBA (PUTUSAN NOMOR 3494 K/PDT/2016) Maria Raissa Sofia Rantan; Ning Adiasih
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16548

The Patrilineal Kinship System, the inheritance system chosen by the Toba Batak people, places men in a greater position than women, particularly as heirs because men pass down the clan to their kids. The issue is how the judge evaluates the Toba Batak customary community's inheritance dispute in Decision Number 3494 K/Pdt/2016 and whether the resolution of the Toba Batak customary community's inheritance dispute in Decision Number 3494 K/Pdt/2016 is consistent with the patrilineal inheritance principle that has been applied to the Toba Batak community. The study utilizing deductive reasoning, qualitative analysis of secondary material and normative legal research approaches. The outcomes of the research, discussion and conclusion of this study are the judge's considerations in Decision Number 3494 K/Pdt/2016 considering letter evidence and witness statements, it is proven that if the disputed land was obtained by the biological mother of the Cassation Respondent who was previously purchased from the Nagari so that those who are entitled to inherit are the Cassation Respondent and the Toba Batak customary inheritance dispute settlement in Decision Number 3494 K/Pdt/2016 is not in accordance with the principle of patrilineal inheritance that has been in effect for the Toba Batak people.

ANALISIS YURIDIS KEWENANGAN PENGADILAN NIAGA MENGADILI PUTUSAN HOMOLOGASI ANTARA PEKERJA DENGAN PERUSAHAAN Bella Shaqira Sucipto; Ning Adiasih
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13446

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.

PEMBAGIAN WARIS ANAK ANGKAT BERDASARKAN HUKUM WARIS ADAT AMBON Winny Amanda Darwin; Ning Adiasih
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.v4i2.13597

Customary law is a law that is recognized and developed in Indonesian society. An adopted child is a child legally adopted from another person, through adoption, the status of the adopted child changes from not being a biological child to becoming an adopted child who is legally recognized or has the same position as a biological child. The problem in this material is how the position of adopted children in Ambon customary inheritance law. The type of research conducted is normative which is descriptive in nature supported by secondary data, then analyzed qualitatively, by drawing conclusions carried out by the deductive method. As stipulated in the customary inheritance law in Ambon Landraad Amboina Decree No.14/1920 that in inheriting the position of adopted children the same as biological children as long as their appointment is before a notary or court and with the approval of the Head of Saniri Negri and heir children or biological children of parents he adopts, in other words, it is not enough just to get the approval of the head of the State Saniri, without the approval of the heirs, that adopted children cannot inherit the right to inherit along with their biological children.

PELAKSANAAN GOOD PENSION FUND GOVERNANCE PADA DPLK BNI (PROGRAM BNI SIMPONI) Sylvana Grace; Ning Adiasih
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13848

In running the BNI Simponi program, in order for this program to be said to have carried out good management, the Financial Institution Pension Fund must contain the principles listed in Article 1 point 2 of the Financial Services Authority Regulation Number 15/POJK.05/2019. The formulation of the problem in this journal is how the implementation of Good Pension Fund Governance in the BNI Simponi Financial Institution Pension Fund owned by Bank Negara Indonesia. The research method used is normative type, descriptive in nature, the main data is secondary data supported by interviews, how to collect data by literature study, qualitative analysis and how to draw conclusions with the deductive method. The results of the research, discussion and conclusion are that the Pension Fund of the Financial Institution of Bank Negara Indonesia has implemented the principles of good Pension Fund Governance even though there are several obstacles experienced. Suggestion: DPLK BNI needs to improve the technology system so that the obstacles experienced can be overcome and the need for cooperation with the government in order to socialize the importance of having a Pension Fund.

The Influence of Civil Law on the Quality of Community Life: Case Studies in Big Indonesian Cities Achmad Fitrian; Dodi Rusmana; Ning Adiasih; , Marjan Miharja; Nabain Idrus
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2313

This research project aims to examine the influence of civil law on the quality of life of people in big cities through a comprehensive literature review. The role of civil law in maintaining the equilibrium between the rights and obligations of individuals in a complex urban society is of great consequence. This research identifies the ways in which the application of civil law in the areas of property rights, contracts, family, and land affects various aspects of people's lives, including social stability, the economy, and individual welfare. From the literature review, it was found that legal certainty and effective access to civil justice contribute significantly to improving the quality of life of people in big cities. Conversely, ineffective civil law enforcement can lead to uncertainty, conflict, and inequality that negatively affect people's welfare.

Analisis Putusan Nomor 259/Pdt.Sus-PKPU/2022/PN Jkt Pst tentang Pemeriksaan Penundaan Kewajiban Pembayaran Utang yang Diputus Melebihi Jangka Waktu: Analysis of Decision Number 259/Pdt.Sus-PKPU/2022/Pn Niaga Jkt Pst concerning Postponement Debt Payment Obligations Decided to Exceed the Period Muhammad Raja Akbar Rachman; Ning Adiasih
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21474

The regulation concerning the timeframe for PKPU (Suspension of Debt Payment Obligations) decisions is intended to ensure business certainty for the debtor. However, in practice, there are instances where court decisions do not adhere to these regulations. This study addresses two main issues: first, the examination timeframe for PKPU cases in Decision Number 259/Pdt.Sus-PKPU/2022/PN Niaga Jkt Pst. in relation to Article 225, paragraph (3) of the PKPU Law, and second, the legal remedies and impacts if errors are found in the court's decision regarding the PKPU case under the same decision, according to the PKPU Law. The research employs normative legal writing methods with a descriptive approach, using secondary data including primary and secondary legal materials, and draws conclusions through deductive reasoning. The findings indicate that in Decision Number 259/Pdt.Sus-PKPU/2022/PN Niaga Jkt Pst., there was a judicial error because the PKPU request, made by a creditor, was decided within 69 days, which is inconsistent with the prescribed timeframe. If such an error occurs, the debtor can pursue cassation as a legal remedy, in line with the Constitutional Court Decision 23/PUU-XIX/2021.

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