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All Journal Pembaharuan Hukum Jurnal Akta Jurnal Hukum Acara Perdata ADHAPER Unes Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Acara Perdata Jurnal Hukum Adigama Community Development Journal: Jurnal Pengabdian Masyarakat Community Empowerment JIAL (Journal of Indonesian Adat Law) Jurnal Abdimas Bina Bangsa CITIZEN: Jurnal Ilmiah Mulitidisiplin Indonesia Jurnal Hukum Prioris Reformasi Hukum Trisakti Eduvest - Journal of Universal Studies Amicus Curiae
Adiasih, Ning
Faculty Of Law, University Of Trisakti
Religion Aerospace Engineering Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Physics Public Health Social Sciences Other

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ANALISIS YURIDIS PERCERAIAN PADA PENGADILAN AGAMA DI NEGARA INDONESIA DAN BRUNEI DARUSSALAM: Juridical Analysis of Divorce in Religious Courts in Indonesia and Brunei Darussalam Wahyu Saputra; Ning Adiasih
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19510

Abstract

There are differences in the settlement of divorce between Indonesia and Brunei Darussalam. The formulation of the problem is the similarities and differences in divorce arrangements according to Indonesian law and Brunei Darussalam law and how the divorce procedure in religious courts and the Sharia Court. The research was conducted normatively, descriptive analysis, sourced secondary data based on Primary and Secondary legal materials, analyzed caulitatively and drew conclusions with deductive logic. The results of the discussion found similarities in the divorce process in the Religious Court and the Sharia Court and differences in Brunei Darussalam allow for divorce to be carried out by the Sharia Court and while in Indonesia it does not regulate divorce outside the court. The conclusion is that broadly speaking the law on divorce in Indonesia and Brunei Darussalam has 2 similarities and 5 differences.
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

Abstract

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.
THE NON-EXECUTABLE CIVIL DECISION: WILL THEY GET LEGAL CERTAINTY? Adiasih, Ning; Kirana, Gandes Candra; Rustamovich, Ehsonov Jasurbek
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.40154

Abstract

The aims of this research is to analyze the basis for judges' considerations in issuing non-executory civil case decisions and to analyze the legal consequences that arise after the civil case decision is declared unexecutable. This legal research is a type of normative or doctrinal research that is descriptive analytical in nature. The results of this study are that non-executory reasons are not directly regulated in the HIR/Rbg, these reasons are regulated in Book II, Edition 2013: Technical Guidelines for Administrative Courts and Technical Courts for General and Special Civil Courts. The legal consequences of civil case decisions that are declared unexecutable by the Court judge because the execution must be stopped on the grounds of error in objecto. The novelty in this writing is that a decision that contains an error in the object that causes the decision to lose its enforceable power, then based on Article 231 RBg, the judge must order the execution seizure of the land on which the execution order is placed to be revoked and then its status returned to its original state.
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 : Fakultas Hukum Universitas Trisakti

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

Abstract

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.
RATIO DECIDENDI YANG DIBERIKAN HAKIM PADA PUTUSAN NIET ONVANKELIJKE VERKLAARD (TIDAK DAPAT DITERIMA) DALAM PERKARA MEREK GKRI: Decidendi Ratio  Given By Judge In The Verdict of “Niet Ontvankelijk Verklaard” Case Ruling of The Trademark of The GKRI Sifra Zifora; Ning Adiasih
Reformasi Hukum Trisakti Vol 7 No 1 (2025): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i1.22073

Abstract

A NO (Niet Ontvankelijk Verklaard) verdict is caused by a formal defect in a lawsuit or the non-fulfillment of formal requirements and often occurs at the exception stage. If the formal requirements are unmet, the final decision will be impacted. So the formulation of the problem in this study is what is the ratio of decidences used by the judge in giving the NO Decision in the GKRI Trademark case. To answer this research, normative research is carried out which is descriptive analysis by sourcing secondary data, which is analyzed qualitatively, while conclusions using a deductive approach. The conclusion and the result of this study is that the judge granted the exception of the Defendant on the basis that the Plaintiff does not have legal standing to apply for trademark cancellation under Law Number 20 Year 2016, so the verdict of Unacceptable/NO is not appropriate, because trademark cancellation can be done by any interested party. In this case, the Plaintiff fulfills the formal requirements of filing a lawsuit, so it has no reason to be sentenced to NO.
DISPARITAS PUTUSAN HAKIM DALAM DALUARSA GUGATAN PHK PADA PENGADILAN HUBUNGAN INDUSTRIAL: Disparity in Judges' Decisions in the Expiration of Termination Lawsuits at the Industrial Relations Court Andari Yuriko Sari; Sugeng Santoso PN; Amriyati; Adiasih, Ning; Gabriel Bramantyo Utomo
Jurnal Hukum PRIORIS Vol. 12 No. 1 (2024): Jurnal Hukum Prioris Volume 12 Nomor 1 Tahun 2024
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v12i1.21357

Abstract

Initially in the Legislative Regulations, Article 82 of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes should have been the legal basis used by the judge in deciding the case. Article 1969 of the Civil Code stipulates that the expiration period for cases of employment termination is 2 years. Changes occurred later where Law Number 06 of 2023 concerning Ratification of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation became law removing articles related to expiration, namely Article 89 and Article 171. Constitutional Court Decision Number 94/even later decided that the expiration period would only last one year. Various changes to statutory regulations governing changes in regulations regarding the expiration date for filing a lawsuit at the Industrial Relations Court have actually been discussed in several national journal articles in Indonesia, but the impact on filing lawsuits and the results of decisions at the Industrial Relations Court ultimately creates legal uncertainty for the parties. The formulation of the problem in this paper is how judges in their judgment assess whether a lawsuit in the Industrial Relations Court has or has not expired and how the disparity in Industrial Relations Court decisions in terms of expiration affects legal certainty regarding the expiration of the lawsuit.
A Critical Examination of The Legal Protection Available to Those Who Hold Land Rights Basri; Tamaulina Br. Sembiring; Ning Adiasih; Loso Judijanto; Endah Rantau Itasari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5551

Abstract

The objective of this research is to analyse the legal protection of holders of land rights in development. The research employs a normative legal research method, utilising data sourced from literature studies, including laws and regulations on mining, as well as literature, such as books related to the subject matter. First, it is the duty of the State to protect holders of land rights certificates due to the aforementioned individuals' good faith and the state's decision to issue certificates as proof of land titles. Such certificates should not be canceled by the state without compensation. In light of this, it is essential to have valid, correct, and appropriate rules of state administrative law and their effective implementation to guarantee the legal protection of holders of land rights certificates. Second, in instances where land is required for the implementation of public development, the acquisition process must be conducted expeditiously and in a transparent manner, while maintaining due consideration for the protection of legitimate rights to land. The legal basis for land acquisition for the implementation of development in the public interest as stipulated by Presidential Decree No. 55 of 1993 is no longer deemed appropriate in the current legal landscape. The issuance of Presidential Regulation No. 36 of 2005, which has been amended by Presidential Regulation No. 65 of 2006, is founded on several legal instruments. This research leads to the conclusion that the government's objective is to provide a form of protection and guarantee of legal certainty over land ownership for individuals. This is achieved through the registration of land rights as outlined in Article 19, Paragraph 1 of Law Number 5 of 1960 concerning Basic Agrarian Regulations. The form of legal protection for people's rights to land in development is to provide legal protection for holders of land rights to their land
CIVIL LAW AND CIVIL PROCEDURE EDUCATION FOR THE COMMUNITY: BUILDING LEGAL AWARENESS IN ECONOMIC TRANSACTIONS Ning Adiasih; Gandes Candra Kirana; Indra Krestianto; Rinandu Kusumajaya Ningrum; Ramadhana Bachry
Community Development Journal : Jurnal Pengabdian Masyarakat Vol. 6 No. 2 (2025): Volume 6 No. 2 Tahun 2025
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/cdj.v6i2.42949

Abstract

The significance of legal education, particularly in the realms of civil law and civil procedure law, cannot be overstated in fostering legal awareness among the public. This paper aims to examine the role of civil law education and civil procedure law education in enhancing public legal consciousness within economic transactions. By employing a qualitative analytical approach, this study delves into the theoretical frameworks that support legal education and explores empirical evidence from various studies published in the past five years. The analysis demonstrates that a robust understanding of civil law and civil procedure law can empower individuals to navigate economic transactions more effectively, thereby reducing legal disputes and enhancing economic stability. The paper also discusses the challenges and barriers in implementing effective legal education programs and proposes recommendations for improving the public's legal awareness. Ultimately, this research underscores the necessity of integrating comprehensive legal education into public education systems to build a more legally informed society
PROSEDUR PENYELESAIAN PERKARA HAK ASUH ANAK DALAM KASUS PERCERAIAN YANG MENGGUNAKAN KETENTUAN HUKUM ADAT BALI: Resolution Procedure for Child Custody Cases in Divorce Involving Balinese Customary Law Provisions Batari Abdi Putri; Ning Adiasih
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23015

Abstract

In today's context, the issue of custody rights over children has become a significant concern in divorce proceedings. When deciding divorce cases, the panel of judges relies on the examination of the case itself, leading to varying judgments. As seen in Case Number: 152/Pdt/2019/PT DPS, there is a discrepancy between the results of mediation and the court's decision regarding custody rights. Through legal writing using the juridical-normative method, the identification of problems addressed in this writing are: 1) How do judges legally consider awarding custody rights in divorce cases? 2) What is the procedure for divorce lawsuits followed by claims for custody rights?. Based on the gathered data, the research findings iand conclusion ndicate that in deciding child custody cases, many factors are not taken into consideration by the panel of judges. One of these factors is the outcome of mediation efforts that adhere to customary law agreements. This does not reflect the principle of legal certainty in court decisions, as stipulated in Article 30 of PERMA No. 1 of 2016 regarding Mediation. Additionally, during the examination of witnesses in this case, it was found that the witnesses presented by the defendant did not meet the material qualifications as witnesses in civil procedural law, as regulated in Article 171 of the HIR.
Substansi di Atas Formalitas: Analisis Pertimbangan Hakim Dalam Sengketa Penetapan Wajib Pajak Non-Efektif Adiasih, Ning; Sihombing, Januardo Sulung Partogi
Citizen : Jurnal Ilmiah Multidisiplin Indonesia Vol. 5 No. 3 (2025): CITIZEN: Jurnal Ilmiah Multidisiplin Indonesia
Publisher : DAS Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53866/jimi.v5i3.750

Abstract

Determining non-effective taxpayer status in Indonesia often generates legal disputes due to administrative formalities versus substantial requirements conflicts. This study examines judicial considerations in tax court decisions regarding ineffective taxpayer determination disputes, specifically analyzing the case between Mrs. Sri Roosmini and the Primary Tax Office of Kebayoran Lama, South Jakarta. This research employs a normative juridical approach, analyzing Tax Court Decision No. 009544.99/2020/PP/M—IB from 2020 and the Supreme Court Decision Reg. No. 4910/B/PK/Pjk/2022 from 2022. The study examines legal documents, statutory regulations, and judicial reasoning to understand the substance-over-form principle application in tax law. The Tax Court granted the taxpayer's appeal entirely, canceling the business turnover correction of Rp270,659,270.00. The Supreme Court subsequently rejected the Directorate General of Taxes' judicial review application, affirming that Mrs. Roosmini had fulfilled the substantive requirements for non-effective taxpayer status despite administrative deficiencies claimed by the tax office. The decisions emphasize the importance of substance over formalities in ineffective taxpayer determination, establishing that administrative requirements should not override substantial compliance with legal criteria. This precedent strengthens legal certainty and taxpayer protection in Indonesia's tax administration system.
Co-Authors , Marjan Miharja Achmad Fitrian Amriyati Amriyati Amriyati Andari Yuriko Sari Andi Suriyaman Mustari Pide Ardianto, Yosia Arini Suliantari Asha Sagsha Nurshoffa Athalia Christine Lamretta Boru Simbolon Basri Basri Batari Abdi Putri Bella Shaqira Sucipto Destiamara Dodi Rusmana Dominikus Rato Endah Rantau Itasari, Endah Endang Djuana Ezra De Artah Sasta Fraya Layola Nainggolan Gabriel Bramantyo Utomo Gandes Candra Kirana Geraldus Thenys Kurnia Manik Raja Gilang Narawangsa Namara Hammar, Robert K.R Indra Kho Indra Krestianto Jimmy Anthony Jonathan Santandrea Kirana, Gandes Candra Kunthi Tridewiyanti Lasmaria Lasmaria Loso Judijanto Maria Raissa Sofia Rantan Meta Indah Budhianti Muhammad Raja Akbar Rachman Nabain Idrus Nabilah Arwi Najwa Qonita Hasan Nam Rumkel Nur Aida, Nur Raifahd Razzaq Rais Ramadhana Bachry Ratu Salsabila Khairunnisa Rina Yulianti Rinandu Kusumajaya Ningrum Rizki Kusuma Rosnidar Sembiring Rustamovich, Ehsonov Jasurbek Salsabila, Unik Hanifah Samudra, Muhammad Mpu Septiyani Septiyani Seruni Anjasmoro Sifra Zifora Sihombing, Januardo Sulung Partogi Siti Nurbaiti St. Laksanto Utomo Sugeng Santoso PN Sulastriyono . Sulistyowati Irianto, Sulistyowati Sylvana Grace Tamaulina Br Sembiring Trishya Pradicintia Wahyu Saputra Wahyu Sejati Wayan P. Windia Winny Amanda Darwin Wulansari, Chatarina Dewi Yosa Raynaldi Maruli