Claim Missing Document
Check
Articles

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.
TINJAUAN YURIDIS PERKAWINAN ANTARA MASYARAKAT ADAT BADUY DALAM DENGAN MASYARAKAT ADAT BADUY LUAR: Juridical Review of Marriage Between The Inner Baduy Indigenous Community and The  Outer Baduy Indigenous Community Destiamara; 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.v2i3.24007

Abstract

The term marriage in Baduy society is called Rukun Hirup, where if marriage is not carried out, then a person is considered to have violated his or her nature as a human. There are two marriage processes, namely Inner Baduy and Outer Baduy. The marriage process of the Baduy Dalam community still involves matchmaking and is followed by three stages of application. However, the identification problem is not on the marriage process, but on how to deal with marriages between the Inner Baduy and Outer Baduy communities. This research was conducted to answer the main problem, namely what is the practice of marriage between the Inner Baduy and Outer Baduy communities, and what are the legal consequences of this marriage. This research uses empirical legal research which is supported by empirical data with qualitative data management using nonprobability sampling techniques with accidental sampling methods, and conclusions are drawn deductively. The results and conclusiom of the research show that marriage practices between the Inner Baduy and Outer Baduy communities follow the implementation rules of the Outer Baduy. In the marriage between the two, there are legal consequences for the Inner Baduy community, namely that they have to leave and change their status to become Outer Baduy citizens.
MASALAH PELAKSANAAN EKSEKUSI HARTA PERKAWINAN MENURUT SISTEM HUKUM INDONESIA DAN MALAYSIA: The Problem of Executing Marital Property According to the Indonesian and Malaysian Legal System Geraldus Thenys Kurnia Manik Raja; Ning Adiasih
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23672

Abstract

The regulation of polemics regarding the division of post-divorce joint property is different in the jurisdictions of Indonesia and Malaysia. This study discusses the procedure and the advantages and disadvantages of executing marital property in both legal systems. Using a normative legal research method with a comparative legal approach, this study qualitatively analyzes secondary data to produce descriptive data and draw deductive conclusions. The results show that Indonesia has a structured execution procedure in the Religious Court, though it is constrained by the complexity of customary land practices and issues. Meanwhile, Malaysia's Syariah Court offers diverse enforcement mechanisms and emphasizes mediation; however, it faces jurisdictional fragmentation and difficulties proving non-financial contributions. In conclusion, both systems have unique advantages and challenges in ensuring the fairness of post-divorce property division.