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PENGATURAN JAM OPERASIONAL BAGI TRUK PENGANGKUTAN BARANG UNTUK KESELAMATAN PENGGUNA JALAN DI KABUPATEN NUNUKAN: Regulation of Operating Hours for Freight Trucks for the Safety of Road Users in Nunukan Regency Della Amalia Silawane; Siti Nurbaiti
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.v7i4.23046

Abstract

Dynamic economic development and increasing vehicle volume present increasingly critical transportation safety challenges, related to freight transport vehicles that cause serious accidents. One example is an accident involving a freight truck that indicates a violation of truck operating hours that has the potential to increase road accidents. The problem formulation in this study is How are the operating hours for freight trucks regulated for the safety of road users in Nunukan Regency? This study uses a normative method, which is descriptive in nature with secondary data as the source and primary data as supporting secondary data. Data analysis was conducted qualitatively with deductive conclusions drawn. The results of the discussion and conclusions of this study illustrate that the regulation of operating hours for freight trucks for the safety of road users in Nunukan Regency has not been regulated in Nunukan Regency Regional Regulation Number 9 of 2014 because there has not been a determination of road classes. The lack of regulations regarding truck operating hours is the cause of the high number of accidents. Therefore, more detailed regulations regarding truck operating hours and strict supervision are needed to improve traffic safety.
Tenaga Kerja Bongkar Muat Pasca Pemberlakuan Asas Cabotage di Indonesia Gultom, Elfrida Ratnawati; Nurbaiti, Siti
JURNAL USM LAW REVIEW Vol. 5 No. 2 (2022): NOVEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v5i2.5788

Abstract

The purpose of this writing is to discuss TKBM work opportunities in ports after the implementation of the Cabotage principle in Indonesia, because of its important role in the sea transportation process and is needed by the port community as a tool for loading and unloading goods on ships, and/or offshore activities in Indonesian sea waters. as well as other activities. The process of loading and unloading of goods on board is carried out by the Loading and Cabotage Workforce is a principle that enforces a rule that foreign ships are prohibited from loading and unloading goods in Indonesian waters, the aim is to empower national shipping. The performance of TKBM after the application of the Cabotage principle is discussed in this study which uses a conceptual framework supported by secondary data as library material and is analyzed descriptively. The results of the study show that after the implementation of the cabotage principle, the number of Indonesian ships continues to increase until 2022 is recorded at 33,000, because this principle prohibits foreign ships from transporting goods and passengers in Indonesian waters, except for ships with red and white flags only, and with the enactment of the principle In fact, the performance of TKBM in Indonesian Ports is getting higher.  Tujuan penulisan ini membahas tentang peluang kerja tenaga kerja bongkar muat (TKBM) di pelabuhan setelah diberlakukannya asas Cabotage di Indonesia, karena perannya yang penting dalam proses pengangkutan laut dan dibutuhkan oleh masyarakat Pelabuhan sebagai alat pembantu kegiatan bongkar muat barang di kapal, dan/atau kegiatan lepas pantai di perairan laut Indonesia serta kegiatan lain. Asas Proses bongkar dan muat barang di atas kapal dilakukan oleh tenaga kerja bongkar muat dan Cabotage merupakan   asas yang memberlakukan suatu aturan bahwa kapal asing dilarang untuk bongkar muat barang di perairan Indonesia, tujuannya untuk memberdayakan pelayaran nasional. Bagaimana kinerja TKBM pasca diberlakukannya asas Cabotage adalah bahasan dalam penelitian ini yang menggunakan kerangka konsep didukung data sekunder sebagai bahan pustaka dan dianalisis secara deskriptif. Hasil penelitian menunjukkan, bahwa setelah diberlakukannya asas Cabotage, jumlah kapal Indonesia terus bertambah hingga tahun 2022 tercatat sebanyak 33.000 an, dikarenakan asas ini melarang kapal asing untuk mengangkut barang dan penumpang di perairan Indonesia, kecuali kapal yang berbendera merah putih saja, dan dengan diberlakukannya asas ini, justru kinerja TKBM di Pelabuhan Indonesia semakin tinggi.              
Women Worker Protection: A Systematic Review On Maternity Protection In Indonesia Amriyati, Amriyati; Nurbaiti, Siti; Rumita, Masri; Layola Nainggolan, Fraya
Devotion : Journal of Research and Community Service Vol. 4 No. 2 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/devotion.v4i2.394

Abstract

Implementing maternity protection at the workplace is found significant benefits and cost savings to businesses, but many young women workers in garment factories in Indonesia remained vulnerable within their maternity period. This research was focused on why to have a clear and comprehensive overview on the need of women workers protection; how is women worker maternity protected. Through a Systematic Literature Review, data base was obtained through seven prominent publishers by writing key words “women worker protection and maternity protection”; inclusive articles were sorted by publication time 2012 – 2022; and the considerations of specific relevance of the article with this research questions. Other literature sources were also used to be added for more comprehensive literature review for the the research questions. It was found that breastfeeding was neglected by 33.6 million young working women in Indonesia, which costed US$1.5–9.4 billion annually, despite the prescription of the Constitution that worker shall have humane livelihood; fair treatment, and human dignity, in line with ILO and the SDG. Rights and measures on family leave, maternity leave, childcare and family services, social security and working conditions provisions will resulted in improved work performance, enhance female workers loyalty and reduce turnover. State shall more tightly supervise on the implementation of Law for protection of women worker rights and employer’s social solidarity, communality, and brotherhood
TANGGUNG JAWAB PENGANGKUT ATAS TENGGELAMNYA KAPAL (ANALISIS PUTUSAN MAHKAMAH PELAYARAN NOMOR HK.212/01/I/MP.2020) Nabila Sesha Abdillah; Nurbaiti, Siti; Abdillah, Nabila
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15215

Abstract

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.
TANGGUNG JAWAB DIREKSI ATAS PERBUATAN YANG DILAKUKAN OLEH DIREKTUR OPERASIONAL PADA SUATU PERSEROAN TERBATAS (STUDI KASUS PUTUSAN MAHKAMAH AGUNG RI NOMOR 294 K/PID.SUS/2018 Wijaya, Wilson; Nurbaiti, Siti
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20111

Abstract

A Limited Liability Company is a legal entity which is a capital partnership, in the process it is established based on an agreement, which conducts business activities with an authorized capital which is entirely divided into shares and fulfills the requirements stipulated by Law Number 40 of 2007 concerning Limited Liability Companies (UU PT). The management of the company by the directors does not only refer to what has been regulated in the Company Law but must also be guided by the company's articles of association. Management of the company by the directors must be based on good faith. If it turns out that the management of the company by the directors is not based on good faith, causing losses to the company, then the directors are personally responsible for the company's losses, both criminally and civilly. The problem in this research is, How is the arrangement of directors' responsibilities towards a Limited Liability Company? And what is the decision of the Supreme Court of the Republic of Indonesia Number 294 K/Pid. Sus/ 2018 December 3, 2018 is in accordance with the applicable regulations? The problem approach used is a normative juridical approach to the problem. This research is legal research that is descriptive in nature. The materials used in the preparation of this thesis are Primary Legal Materials such as: the 1945 Constitution of the Republic of Indonesia and Law Number 40 of 2007 concerning Limited Liability Companies. Secondary Legal Materials Secondary legal materials are legal publication materials that are not official documents. Tertiary Legal Materials, namely materials that provide information on primary legal materials and secondary legal materials such as dictionaries and encyclopedias, popular magazines, newspapers and other scientific journals. The conclusion of this thesis is that Tukiman Kijah's actions are personal responsibility, because he does not comply with the Business Judgment Rule doctrine as stipulated in Article 97 paragraph (5), due to losses suffered by PT. BCMG TANI BERKAH was caused by Tukiman Kijah's mistakes and negligence as a Director.
ASAS ITIKAD BAIK DALAM PEMBATALAN MEREK TERKENAL CHEONGKWANJANG Phin, Bong Fo; Nurbaiti, Siti
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/yf6k8z79

Abstract

Trademark disputes often arise when a registration is made by imitating or copying a particular trademark, which clearly does not align with the principle of good faith in trademark registration. This, of course, can harm the party whose trademark has been copied or imitated by others. For instance, in the case of Korea Ginseng Corp, the owner of the CheongKwanJang trademark, versus PT. Mitra Sentosa International, the owner of the Cheong Kwan Jang trademark. The questions arise whether the rejection of the cancellation of the CheongKwanJang trademark adheres to the principle of good faith and whether the judge's decision No.15/Pdt.Sus/Merek/2020/PN.NIAGA.JKT.PST regarding the rejection of the trademark cancellation is in accordance with Law No. 20 of 2016 concerning Trademarks and Geographical Indications. The research method used is normative and descriptive, based on secondary data analyzed qualitatively, with conclusions drawn deductively. The research findings indicate that the rejection of the trademark cancellation for Cheong Kwan Jang owned by PT. Mitra Sentosa International, which was filed by Korea Ginseng Corp as the owner of the CheongKwanJang trademark, does not meet the principle of good faith, and the judge's decision No.15/Pdt.Sus/Merek/2020/PN.NIAGA.JKT.PST concerning the rejection of the trademark cancellation does not comply with the provisions of Article 21 paragraph (1) letter b and paragraph (3) of the Trademark and Geographical Indications Law.
PENGUASAAN KEMBALI UNIT SEWA PEMBIAYAAN BERDASARKAN POJK 35 TAHUN 2018 Nainggolan, Binsar; Nurbaiti, Siti
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/

Abstract

Re-possession of finance lease units due to debtor default often raises complex legal issues, especially regarding the fulfilment of the rights of finance companies and how regulations exist in maintaining these rights, especially considering the protection of consumers. This research aims to analyse the re-control of the finance lease unit in POJK Number 35 of 2018 concerning the Implementation of the Financing Company Business and how the procedure for re-controlling the finance lease unit is carried out. The research uses normative juridical method with POJK Number 35 of 2018 regulatory approach and how the process of re-controlling the finance lease unit is carried out at PT HFI. Data obtained from PT HFI as the subject of research, The results showed that POJK Number 35 of 2018 has regulated the mechanism but needs a more detailed description and in its implementation PT HFI has fully complied with all regulations.
Legal Counseling on Fast Procedural Law for Business and Investment in the Public Dialogue on the Draft Civil Procedure Law Iriawan, Asep Iwan; Nurbaiti, Siti; Permanasari, Arlina; Jamal, Carissa Belia Putri
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 3, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i3.3442

Abstract

Introduction: National economic growth requires a responsive and efficient legal system, particularly in the field of business and investment. The Draft Bill on Civil Procedure Law is expected to provide legal certainty and accelerate the resolution of business and investment disputes.Purposes of The Devotion: This article aims to provide understanding of fast-track civil procedure for business and investment through public dialogue.Method of The Devotion: The method applied was lecture and interactive discussion, using an empirical approach based on stakeholder participation in public dialogue.Results Main Findings of the Devotion: The community service activity revealed that participants gained broader knowledge of business dispute resolution through both litigation and non-litigation, fast-track proceedings in civil procedure law, and academic aspects of the Draft Bill. The enthusiasm of the participants highlighted the urgent demand for a faster and more efficient civil procedure system. These findings emphasize the importance of reforming civil procedural law to foster a favorable investment climate and ensure legal protection for business actors.
PIRINSIP ITIKAD BAIK PEMEGANG POLIS DALAM PENGAJUAN KLAIM KEPADA PT AIA FINANCIAL: Principles of Good Faith of Policyholders in Submitting Claims to PT AIA Al Qaeda Putra Nusantara; Siti Nurbaiti
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.v12i1.24798

Abstract

Insurance is an agreement between the insurer and the insured as the policy holder. Often in holding an insurance agreement raises a problem, one of which is in the case of a policyholder named Kim Joo Sang not providing true and accurate information regarding the condition of the object of coverage at the time of holding life insurance with PT AIA Financial as the insurer, thus causing rejection of the submission of insurance claims. The problem is whether the Policyholder in submitting a claim to PT AIA Financial has fulfilled the principle of good faith. This research uses normative research methods, is descriptive in nature, uses secondary data, data collection is done by means of literature studies, which are analyzed qualitatively and conclusions are drawn deductively. The results of the study illustrate that legally the policyholder has violated the principle of good faith which resulted in the rejection of the claim submitted by the policyholder to PT AIA Financial because it has violated the principle of good faith stipulated in Article 251 of the Commercial Code.
PERBANDINGAN ASPEK PERLINDUNGAN HUKUM KONSUMEN TERHADAP PRODUK SUSU BAYI KADALUWARSA DI NEGARA INDONESIA DAN KANADA: Comparison of Legal Protection Aspects of Consumers Regarding Expired Baby Milk Products between Indonesia and Canada Aryadila Martina Wijaya; Nurbaiti, Siti
Reformasi Hukum Trisakti Vol 8 No 1 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25226

Abstract

The circulation of expired infant formula products constitutes a serious issue that may endanger the health of infants as a highly vulnerable group of consumers. Therefore, the state has a responsibility to provide adequate legal protection for consumers against unsafe food products. The problem formulation of this study examines how the legal framework governing consumer protection with regard to expired infant formula products is regulated in Indonesia, as well as how consumer legal protection concerning expired infant formula products is regulated in a comparative perspective between Indonesia and Canada. This research employs a normative legal research method using a statutory approach and a comparative law approach. The discussion and conclusions indicate that both Indonesia and Canada have legal regulations that prohibit the distribution of expired infant formula products and require business actors to ensure product safety. However, Indonesia tends to apply consumer protection through law enforcement after violations have occurred, whereas Canada places greater emphasis on a preventive approach
Co-Authors A. Suwiyono A. Uwiyono Abdillah, Nabila Abdul Jabar Achmad Fazrin Adiasih, Ning Al Qaeda Putra Nusantara Alfin Sulaiman Amriyati Amriyati Amriyati Amriyati Ananda Okta Putra Anna Maria Tri Anggraini Annisa Riana Putri Arfi Azhari Arini Suliantari Artha, Willy Aryadila Martina Wijaya Atika, Nur Aulia Saphira Aini Chika Pratiwi Chriesty Angeline Clara . Clarita Monica Cynthia Aghata Belinda Alma Della Amalia Silawane Dian Adriawan Daeng Tawang Dian Kartika Dina Al Adawia Dominique Ellen Elfrida Ratnawati Etika Pujianti Farah Airitsa Hermawan Febrizka Taufani Fraya Layola Nainggolan Gabriella Evanggelista Galadri Badar Muhammad Gultom, Elfrida Ratnawati Gunita Nindya Hamid, Abd. Haris Handayani, Astutik Hasian Doli Hestin Istianai Indon Sinaga Iriawan, Asep Iwan Jamal, Carissa Belia Putri Jasmine Farah Dita Jessica Francis Gunawan Jihan Syafira Jonathan Mangantar Octaviano Putra Kautsar Alwi Pradipta Kezia Natalia Christy Khosyi Putra Ariswari Khusnul Khitam Krisdian Dewi Layola Nainggolan, Fraya Lusi Septiyati Maria Ulfa Hidayatulloh Ulfa Hidayatulloh Masri Rumita Meta Indah Budhianti Muhammad Fathan Mustaqiem Mutiara Karima Mutiara Karima Nabila Sesha Abdillah Nabila Sesha Abdillah Nainggolan, Binsar Nindya Ayu Rahmadita Noviana Annisa Nurwijayanti Paskah Aprilia Silalahi Permanasari, Arlina Phin, Bong Fo Piere Marquez Vandante Putri, Gina Sukma Putri, Marcella Ami Rini Purwaningsih Riski Maulana Salsabila Setyaningrum Samuel Samuel Saryo Saryo Septiyani Septiyani Stefani Erlina Halim Sunarti, Ilis Thanadi, Kenny Titin Sumarni Tryas Risanggono Valois, Yoana Thersia Listoravina Vanny Aryanti Wijaya, Geraldo Valento Wijaya, Wilson Yakub Yulia A. Hasan Zidane Gideon Fransiskus