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TANGGUNG JAWAB PENGANGKUT TERHADAP KORBAN KECELAKAAN JALAN TOL (ANALISIS PUTUSAN NOMOR 308/PDT.G/2020/PN.JKT.PST) Salsabila Setyaningrum; Siti Nurbaiti
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Traffic accidents, especially on the JORR Toll Road still occur frequently, sometimes involving third parties, for example in the case of a traffic accident that occurred between a truck and a PJR (Highway Patrol) Service Car on the JORR Toll Road (Ciledug area towards Meruya), South Jakarta. Problem formulation: How is the Responsibility of Truck Carriers for accident victims at the JORR Toll Road in South Jakarta based on Law No. 22 of 2009 and whether the Judge's Decision Number 308/Pdt.G/2020/PN.Jkt.Pst regarding the Responsibility of Truck Carriers is in accordance or not with Law No. 22 of 2009. The research method used is descriptive normative research method by sourcing secondary data, which is analyzed qualitatively with descriptive conclusions. The results of the research, discussion and conclusion that the transportation company is not responsible as stipulated in Article 194 of the UULLAJ and the Judge's Decision is not in accordance with the road traffic and transportation law because it decides based on Article 1367 of the Civil Code.

PRINSIP ITIKAD BAIK DALAM GANTI KERUGIAN OLEH PENANGGUNG KEPADA TERTANGGUNG Gunita Nindya; Siti Nurbaiti
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

One kind of loss insurance is motor vehicle insurance. It frequently results in issues with its application, namely those with the application of the good faith principle, as in Criminal Code Article 251. discussions like the one that took place between the insured and PT Asuransi Astra Buana. Problem Statement: Based on the Commercial Code, how is the arrangement regarding the principle of good faith applied to the compensation given to the insured by PT Asuransi Astra Buana, and whether the insured party's actions constitute a breach of the principle of good faith? The study's methodology is descriptive in character and falls under the category of normative legal research. Secondary data is qualitatively examined by deductively drawing conclusions. The research findings, discussion, and conclusion that the arrangement of the good faith principle contained in Article 251 of the Criminal Code contains weaknesses because it is only addressed to the insured, so the insurer does not pay compensation to the insured on the grounds that the insured violates the good faith principle, and the actions taken by the insured do not violate the principle good faith, as stipulated in Article 251 of the Criminal Code.

TANGGUNG JAWAB PENGANGKUT ATAS TENGGELAMNYA KAPAL (ANALISIS PUTUSAN MAHKAMAH PELAYARAN NOMOR HK.212/01/I/MP.2020) Nabila Sesha Abdillah; Siti Nurbaiti
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.v5i1.15215

In Indonesian waterways, ferries are a kind of transportion used to move both people and cargo. However, as was the case with the sinking of the KMP Saluang, transportation will not always go as planned. The problems to be discussed: how is the carrier should be held accountable for the sinking of the KMP Saluang under the terms of Law No. 17 of 2008 concerning Shipping and how is the carrier accountable for compensating the owner of the goods for the sinking of the KMP Saluang. This research is descriptive in character, normative, and uses both secondary and primary data. It also employs qualitative analysis and deductive conclusion-drawing. The study's findings, analysis, and recommendations show that, in accordance with Article 41 paragraph (1) sub-b of the Shipping Law, the carrier should be held accountable for the destruction of the goods sent by the sender of the goods and temporarily revoke the Seaman Expertise Certificate for a period one month. The Presumption of Liability system should be used by the carrier's responsibility system to provide recompense to the owner of the products, although in this instance the proof was not carried out by the carrier.

Reconstuction of Legal Protection Regulation for Service Customers of Payment System in Indonesia Saryo Saryo; A. Uwiyono; Siti Nurbaiti
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1358

This dissertation conducted under the title “Reconstruction of Legal Protection Regulation for Service Customers of Payment System in Indonesia was based on the need for a strong legal basis concerning consumer protection of payment system since the existing legal regulation construction. In addition, its implementation is deemed in need of adjustment with the increasing development of product and service of the national payment system which is encouraged by the technological advancement that promote tons of innovation so it may increase the risk for the consumers. The present study was aimed at analyzing and describing three problems related to the construction of legal protection regulation for consumers of payment system services in Indonesia, the implementation of legal protection for the payment system service consumers, and the reconstruction of legal protection regulation for payment system service customers in Indonesia in the future. The theoretical basis employed was the theory of equality, legal certainty, and legal protection. The methodology used was normative with law approach, conceptual and comparison, and descriptive approach obtained from secondary data supported with the primary data which were analyzed qualitatively using deductive conclusion-making. The research result revealed that the construction of legal protection for customers of payment system services regulated in the Peraturan Bank Indonesia (PBI) Number 22/20/PBI/2020 concerning Legal Protection for Bank Indonesia Consumers was still considered low so it needed an adjustment. The implementation of consumer protection of payment system service including consumer complaint handling provided by the Payment Service Provider by Bank Indonesia was deemed in need of improvement or reconstruction in order to be able to give legal certainty to the customers. The reconstruction of PBI was conducted by adjusting and adding some articles including indemnity, personal data protection, establishment of an Alternative Payment System Dispute Resolution Institution, cyber risk, new product testing, and action mechanisms against unlicensed Payment Service Providers. The researcher in this study suggested the formation of new laws regulating the payment system in which consumer protection of the payment system should be regulated by referring to the comparison with other countries that have certain Laws concerning the payment system. The formation of laws will strengthen the legal basis in the activity of the national payment system as well as give legal certainty to the consumers and business practitioners in the payment system service.

TANGGUNG JAWAB PENGELOLA JALAN TOL ATAS KECELAKAAN DI JALAN TOL JAKARTA-CIKAMPEK Khosyi Putra Ariswari; Siti Nurbaiti
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.v3i2.13442

The toll road is a freeway but there are many road users who feel unsafe, such as the case of car tire burst at KM 39+500 on the Jakarta-Cikampek Toll Road. The subject of the research are: what is the Responsibility of the Jakarta-Cikampek Toll Road administrators for the accident occurred at KM 39 of Cikampek Toll Road according to Law Number 38 of 2004 concerning Roads and how the Jakarta-Cikampek Toll Road administrators provides compensation to accident victims at KM 39 of Jakarta-Cikampek Toll Road. The research is normative and descriptive legal research, based on secondary data and supported by primary data. The data is analyzed qualitatively and conclusions are drawn using deductive methods. The conclusions of the research illustrate that the Jakarta-Cikampek toll road adminitrators is not responsible for the accident, in accordance with the provisions of Article 42 of Law Number 38 of 2004 concerning Roads, and the compensation provided by the Jakarta-Cikampek toll road administrators to victims is limited to material losses, not including immaterial losses. PT (Persero) Jasa Marga is considered negligent because it is proven that there are part of the roads that do not meet the minimum service standards for toll roads.

PERLINDUNGAN KONSUMEN MAKANAN KEMASAN KADALUWARSA ASIA TOSERBA GARUT (PUTUSAN MA NO. 504K/PDT.SUS/BPSK/2021 ) Paskah Aprilia Silalahi; Siti Nurbaiti
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.v4i2.13599

Food products always include the expiration date number, but consumers pay less attention to the expiration date, which can be detrimental to consumers. One example is the case that occurred at the Asia Department Store in Garut. Formulation of the problem: how to provide compensation to consumers at the Asia Department Store in Garut and whether the Supreme Court Decision No. 504K/Pdt.Sus/BPSK/2021 is in accordance with the Consumer Protection Law. The research method used is descriptive normative legal research using secondary data and primary data which is used to support secondary data, the analysis is carried out qualitatively with deductive conclusions drawn. Research results, discussion and conclusions describe that the compensation given to consumers by the Asia Department Store in Garut is not in accordance with what was proposed by the consumer and the Supreme Court Decision No. 504K/Pdt.Sus/BPSK/2021 is not in accordance with the Consumer Protection Law.

PERLINDUNGAN KONSUMEN PENGGUNA JALAN TOL JAKARTA-CIKAMPEK TERKAIT BANJIR PADA TAHUN 2021 Chika Pratiwi; Siti Nurbaiti
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.v4i2.13613

Toll roads are public roads that are free of obstacles, but can also cause problems in the event of a flood, such as that occurred on the Jakarta-Cikampek Toll Road Jatibening in February 2021. What is the legal protection for consumers using the Jakarta-Cikampek toll road relating to the flooding and what are the responsibilities of the Jakarta-Cikampek Toll Road Manager on the toll road section? The research method used is a normative research method that is descriptive in nature using secondary data and primary data as supporting data. The research analysis was carried out qualitatively with deductive conclusions drawn. The results of the study illustrate that it does not provide legal protection for consumers using the Jakarta-Cikampek toll road for the Jatibening toll road during the floods that occur in 2021, because the consumer's rights in the form of the convenience of passing the toll road are not fulfilled and the Jakarta-Cikampek toll road manager for the Jatibening toll road does not provide compensation loss to toll road users against flooding, by taking cover behind force majeure reasons, even though preventing flooding on toll roads is the responsibility of toll road managers in implementing Minimum Service Standards.

TANGGUNG JAWAB PENGANGKUT TERHADAP KORBAN KECELAKAAN JALAN TOL (ANALISIS PUTUSAN NOMOR 308/PDT.G/2020/PN.JKT.PST) Salsabila Setyaningrum; Siti Nurbaiti
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.v4i3.13845

Traffic accidents, especially on the JORR Toll Road still occur frequently, sometimes involving third parties, for example in the case of a traffic accident that occurred between a truck and a PJR (Highway Patrol) Service Car on the JORR Toll Road (Ciledug area towards Meruya), South Jakarta. Problem formulation: How is the Responsibility of Truck Carriers for accident victims at the JORR Toll Road in South Jakarta based on Law No. 22 of 2009 and whether the Judge's Decision Number 308/Pdt.G/2020/PN.Jkt.Pst regarding the Responsibility of Truck Carriers is in accordance or not with Law No. 22 of 2009. The research method used is descriptive normative research method by sourcing secondary data, which is analyzed qualitatively with descriptive conclusions. The results of the research, discussion and conclusion that the transportation company is not responsible as stipulated in Article 194 of the UULLAJ and the Judge's Decision is not in accordance with the road traffic and transportation law because it decides based on Article 1367 of the Civil Code.

PRINSIP ITIKAD BAIK DALAM GANTI KERUGIAN OLEH PENANGGUNG KEPADA TERTANGGUNG Gunita Nindya; Siti Nurbaiti
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14095

One kind of loss insurance is motor vehicle insurance. It frequently results in issues with its application, namely those with the application of the good faith principle, as in Criminal Code Article 251. discussions like the one that took place between the insured and PT Asuransi Astra Buana. Problem Statement: Based on the Commercial Code, how is the arrangement regarding the principle of good faith applied to the compensation given to the insured by PT Asuransi Astra Buana, and whether the insured party's actions constitute a breach of the principle of good faith? The study's methodology is descriptive in character and falls under the category of normative legal research. Secondary data is qualitatively examined by deductively drawing conclusions. The research findings, discussion, and conclusion that the arrangement of the good faith principle contained in Article 251 of the Criminal Code contains weaknesses because it is only addressed to the insured, so the insurer does not pay compensation to the insured on the grounds that the insured violates the good faith principle, and the actions taken by the insured do not violate the principle good faith, as stipulated in Article 251 of the Criminal Code.

TANGGUNG JAWAB PENGANGKUT ATAS TENGGELAMNYA KAPAL (ANALISIS PUTUSAN MAHKAMAH PELAYARAN NOMOR HK.212/01/I/MP.2020) Nabila Sesha Abdillah; Siti Nurbaiti
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.v5i1.15215

In Indonesian waterways, ferries are a kind of transportion used to move both people and cargo. However, as was the case with the sinking of the KMP Saluang, transportation will not always go as planned. The problems to be discussed: how is the carrier should be held accountable for the sinking of the KMP Saluang under the terms of Law No. 17 of 2008 concerning Shipping and how is the carrier accountable for compensating the owner of the goods for the sinking of the KMP Saluang. This research is descriptive in character, normative, and uses both secondary and primary data. It also employs qualitative analysis and deductive conclusion-drawing. The study's findings, analysis, and recommendations show that, in accordance with Article 41 paragraph (1) sub-b of the Shipping Law, the carrier should be held accountable for the destruction of the goods sent by the sender of the goods and temporarily revoke the Seaman Expertise Certificate for a period one month. The Presumption of Liability system should be used by the carrier's responsibility system to provide recompense to the owner of the products, although in this instance the proof was not carried out by the carrier.

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