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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 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

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 : Faculty of Law, 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.
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.
MASALAH GUGATAN PEMBATALAN PERKAWINAN YANG DIAJUKAN MELEWATI JANGKA WAKTI (PUTUSAN NOMOR 3617/PDT.G/2021/PA.DPK): The Problem Of Marriage Annulment Lawsuit Filed Past The Time Period (Decision Number 3617/Pdt.G/2021/Pa.Dpk Ratu Salsabila Khairunnisa; Ning Adiasih
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.v7i2.22733

Abstract

One of the matters regulated in the Marriage Law is marriage annulment. Article 27 paragraph (3) of the Marriage Law stipulates that a lawsuit for annulment must be filed within six months after the marriage takes place. However, in the case of Decision Number 3617/Pdt.G/2021/PA.Dpk, the annulment lawsuit was filed after the specified period had passed and the judge approved the annulment of the marriage after 22 months of marriage. The problem examined is how the legal considerations of the judge who granted the marriage cancellation lawsuit filed exceeded the period. The results and conclusion showed that, referring to the provisions of Article 27 paragraph (3) of the Marriage Law and Article 72 Paragraph (3) of the Compilation of Islamic Law, the lawsuit should not be accepted because it has passed the stipulated period. The conclusion is that a marriage annulment filed after the six months should be considered unacceptable and the marriage remains legally valid.
PENYELESAIAN SENGKETA WARIS PADA MASYARAKAT ADAT MINANGKABAU YANG DILAKUKAN OLEH NINIK MAMAK: Resolution Of Heritage Disputes In The Minangkabau Traditional Community Carried Out By Ninik Mamak Trishya Pradicintia; Ning Adiasih
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.v7i2.22738

Abstract

Mediation is one of the alternative dispute resolution methods considered effective in reducing prolonged disputes. Mediation alternative is not only conducted in public manner, but also be carried out through traditional customs. One of the customes that establish mediation is the Minangkabau custom. In Minangkabau traditional society, mediation is applied to settle disputes among clans or family groups. There is problem issues namely the role of ninik mamak as a mediator and how ninik mamak conducts mediation. This research is located at Kanagarian Guguak Kuranji Hilir, Sub district Sungai Limau, District Padang Pariaman, province West Sumatra. This study uses a socio - legal approach, integrating insights from both social sciences and law. This research applies mixed- methods approach, combining primary data from interviews with ninik mamak and their relatives, and secondary data from literature reviews to suplement the research. The result and the conclusion indicate that the role of ninik mamak remains relevant nowadays, and ninik mamak as a mediator is consistent with government regulation No. 54 of year 2000. The implementation of mediation which is applied by Ninik Mamak in line with the regulation of Supreme Court No.1 year of 2016.
Effectiveness of Mediation as an Alternative for International Business Dispute Resolution Adiasih, Ning
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44033

Abstract

Mediation as an alternative dispute resolution is considered to have beneficial power. Mediation can produce a win-win solution for the parties. Mediation is a relatively inexpensive and time-consuming segregative dispute resolution process; dispute resolution through mediation efforts has also been known in the culture of Indigenous peoples in Indonesia for a long time. This study aims to describe and analyze the effectiveness of Mediation as an alternative to resolving business disputes outside the court. This study was conducted using a literature study method. The study results indicate that using Mediation as an alternative to resolving disputes outside the court is effective because, in implementing non-litigation Mediation, both parties are examined in private (not open to the public). That way, the positive impact on the credibility and reputation of the disputing parties is maintained. In addition, compared to the litigation process, out-of-court Mediation is cheaper, less complicated, and does not take long. On the other hand, out-of-court Mediation pays close attention to the continuity of the future relationship between the parties. This is why businesses prefer out-of-court Mediation as an alternative to resolving their business disputes.
PENILAIAN HAKIM TERHADAP ALAT BUKTI MEREK TERKENAL “LEGEND”: Judge’s Assessment of Evidence Regarding the Famous “Legend” Najwa Qonita Hasan; Ning Adiasih
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.v7i3.22958

Abstract

The trademark "LEGEND" owned by Sandi Hakim, which was previously registered in Indonesia, was challenged for cancellation by Wahl Clipper Corporation (WCC) from the United States on the grounds that "LEGEND" was a well-known trademark owned by WCC, thereby granting WCC the right to register it under the Indonesian legal system. In this case, the court ruled in favor of Wahl Clipper Corporation based on the judge’s consideration that the trademark was indeed well-known.The issues raised in this research is: why the judge granted the claim and declared the plaintiff’s trademark as a well-known mark despite it not being registered in multiple countries. This research uses a normative juridical approach, with descriptive research aimed at describing and analyzing legal norms from legislation and court decisions. In its ruling, the judge relied on Ministry of Law and Human Rights Regulation No. 67/2016 rather than the Trademark and Geographical Indications Law No. 20/2016 in case number 532 K/Pdt.Sus-HKI/2024. It can be concluded that the judge did not apply the principle of Lex Superior Derogat Legi Inferiori, leading to legal uncertainty and disregarding the constitutive protection of legally registered trademarks in Indonesia.
KEDUDUKAN ANAK PEREMPUAN BATAK DI JAKARTA DITINJAU DARI HUKUM WARIS ADAT (STUDI PUTUSAN NOMOR 151/PDT.G/2020/PN.PST): The Position of Batak Female Children in Jakarta Reviewed from Traditional Inheritance Law (Study Decision Number 151/Pdt.G/2020/Pn.Pst) Nabilah Arwi; Ning Adiasih
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23991

Abstract

The patrilineal system is upheld by the Batak community, which results in differing responsibilities for male and female children. As a consequence, women do not inherit property. The identification problem of this study addresses how inheritance rights for female children in the Batak community residing in Jakarta have evolved, as established by Decision Number 151/Pdt.G/2020/PN Jkt.Pst following the issuance of Jurisprudence No. 3/Yur/Pdt/2018. Additionally, it looks at the reasoning behind the judge's ruling in Case Number 151/Pdt.G/2020/PN Jkt.Pst. The study uses a descriptive methodology and normative legal research techniques, utilizing secondary data analyzed qualitatively and concluded deductively. The result and conclusion in Decision Number 151/Pdt.G/2020/PN Jkt.Pst, the inheritance rights of female children in the Batak community in Jakarta are recognized as equal to those of male children. The judge's consideration in this ruling is that female children are entitled to inheritance, which deviates from the traditional Batak customs still observed in their native regions, where inheritance such as land typically passes to male children, excluding females.
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 Bachry, Ramadhana Basri Batari Abdi Putri Bella Shaqira Sucipto Calso, Ravinka Amelia Destiamara Dominikus Rato Endah Rantau Itasari, Endah Ezra De Artah Sasta Fraya Layola Nainggolan Gabriel Bramantyo Utomo Geraldus Thenys Kurnia Manik Raja Gilang Narawangsa Namara Gilang Narawangsa Namara Hammar, Robert K.R Henny Saida Flora Indra Kho Indriyana Dwi Mustikarini, Indriyana Dwi Jimmy Anthony Johannes Johny Koynja, Johannes Johny Jonathan Santandrea Kirana, Gandes Candra Krestianto, Indra Kunthi Tridewiyanti Lasmaria Lasmaria Loso Judijanto Lumban Gaol, Selamat Maria Raissa Sofia Rantan Maria Raissa Sofia Rantan Meta Indah Budhianti Muhammad Afdal Muhammad Raja Akbar Rachman Nabain Idrus Nabilah Arwi Najwa Qonita Hasan Nam Rumkel Narawangsa Namara, Gilang Ningrum, Rinandu Kusumajaya Nur Aida, Nur Raifahd Razzaq Rais Ratu Salsabila Khairunnisa Rina Yulianti Rizki Kusuma Rosnidar Sembiring Rusmana, Dodi 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 Tjhwa Endang Djuana Trishya Pradicintia Wahyu Saputra Wahyu Sejati Wayan P. Windia Winny Amanda Darwin Wulansari, Chatarina Dewi Yosa Raynaldi Maruli