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All Journal Yustitiabelen DIVERSI : Jurnal Hukum Indonesian Journal of Law and Economics Review Prophetic Law Review UNISKA LAW REVIEW Jurnal Kajian Pembaruan Hukum Jurnal Fundamental Justice Jurnal Magister Hukum Perspektif Welfare State Jurnal Hukum
Trinas Dewi Hariyana
Fakultas Hukum Universitas Islam Kadiri
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertanggungjawaban Debitur Yang Tidak Melaksanakan Kewajibannya Terhadap Kreditur Berdasarkan Perjanjian PKPU (Studi Kasus PT. ST) Putra, Reval Pradana; Dewi Hariyana, Trinas
WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i2.1596

Abstract

The objectives to be achieved in this study are to examine and analyze the problems that occur between debtors, namely the old PT. ST owners and their employees where the employees who claim their rights to the new PT. ST owners who should be in the agreement are not the ones who have to bear the burden of the old debtors. . The approach method used is empirical or direct research to related parties. From the responsibilities carried out by the old debtor, he only carried out part of his responsibilities before the payment of the new debtor was completed, after the repayment of the old debtor, the old debtor defaulted by running away from his responsibility to his creditor which was then indirectly transferred to the debtor. the old one is the new owner of PT. ST. Efforts made by the creditor when there is a default by the debtor can be done by litigation or non-litigation starting from subpoenas and so on. Efforts made by creditors against new debtors are carried out in a non-litigation way by paying the installment system with the agreement that has been agreed in the PKPU agreement.
TINJAUAN YURIDIS PEMECAHAN TANAH LEBIH DARI LIMA BIDANG UNTUK HAK MILIK PERORANGAN Yutanti, Trinda; Dewi Hariyana, Trinas; Wahid Hasyim, Moch.
Jurnal Magister Hukum Perspektif Vol. 15 No. 1 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i1.93

Abstract

The emergence of a regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency on the prohibition of land division of more than five parcels for individual property rights is a way to overcome the rampant housing or disguised lots that have sprung up so far. The regulation is stipulated in Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021 concerning the Third Amendment to Regulation of the Minister of Agrarian Affairs or Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. The purpose of this writing is to find out how the juridical review of land splitting of more than five parcels for individual property rights and what the legal consequences are for individuals who split more than five parcels of land. This research uses normative juridical approach with legislation. The result of this research is that the ownership of property rights to individual land or the division of individual land parcels is not allowed to exceed five parcels except if the base of the right comes from the transfer of inheritance rights or the base of the right with the building rights certificate. Apart from that, the division of more than five parcels must also be balanced with permits from the authorized agency, and usually with the base of the Building Rights Title, but in the current era there are still many Individual Property Rights whose ownership exceeds five parcels. However, with the emergence of the Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021, the regulation is more strictly applied in practice. Keywords: Land Division of More than Five Parcels, Agrarian.
Prenuptial Agreement Between Indonesia and South Korea Regulations Asmarani, Abiyyah Indi; Hariyana, Trinas Dewi; Hasyim, Moch. Wachid; Al-Akiti, Muhammad Ayman
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.52092

Abstract

This study examines the legal frameworks governing prenuptial agreements in Indonesia and South Korea, offering a comparative analysis between a developing and a developed nation in Asia. It explores cultural and societal attitudes that shape perceptions of such agreements in both jurisdictions. In South Korea, prenuptial agreements are also widely used. However, South Korea has one of the world’s lowest fertility rates, partly due to a declining interest in marriage. The research aims to evaluate regulatory frameworks, their impact on property arrangements, and the key similarities and differences in legal applications. Adopting study analyzes statutory laws, court decisions, expert opinions, and relevant literature. The comparative analysis highlights how both civil law systems address prenuptial agreements, focusing on property rights, joint assets, and marital obligations. Findings reveal that Indonesian regulations emphasize strict formality and limited scope, mainly addressing property, while South Korea permits broader flexibility and judicial discretion, including spousal support and child custody. The study concludes that while prenuptial agreements are legally binding in both countries, enforcement and societal acceptance differ significantly. It recommends harmonizing legal frameworks to ensure fairness and adaptability, especially in cross-national marriages. Indonesia could adopt South Korea’s flexible enforcement practices, while South Korea might benefit from stricter formal requirements for consistency. Such reforms could enhance the effectiveness of prenuptial agreements as tools for legal clarity and marital stability.
Legal Protection of Indonesian Citizens Who Are Victims of Human Trafficking in Myanmar Azalia, Vania; Fahrazi, Mahfud; Hariyana, Trinas Dewi
Prophetic Law Review Vol. 6 No. 2 December 2024
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol6.iss2.art4

Abstract

This research examines the legal protections available to Indonesian citizens who are victims of human trafficking in Myanmar, focusing on the alignment of Indonesia's domestic laws with international standards. Specifically, it scrutinizes the harmonization of legal protection for witnesses and victims of human trafficking under Act Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons with the protocols established by United Nations Convention against Transnational Organized Crime, particularly its supplement, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women, and Children. The study adopts a legal research methodology using a comparative law approach to analyze domestic and international legal frameworks. It investigates how well Act Number 21 of 2007 integrates the provisions of the UNTOC, noting areas of strong alignment and aspects that require further enhancement. The research finds that while Act Number 21 of 2007 is largely in sync with the UNTOC, it falls short in incorporating specific provisions for the special needs of trafficking victims, such as psychological support, housing, and rehabilitation services. The findings highlight significant steps taken by the Indonesian government to protect its citizens from human trafficking but also underscore the need for a more comprehensive approach that includes provisions for the unique needs of victims. The study advocates for amendments to the national legislation to fill these gaps and suggests a more robust framework for international cooperation to combat human trafficking in the region effectively.
State Responsibility For Foreign Citizens Served As Ukraine Armed Force: An International Humanitarian Law Perspective Salsa Anjarwati; Mahfud Fahrazi; Trinas Dewi Hariyana
Prophetic Law Review Vol. 5 No. 2 December 2023
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol5.iss2.art6

Abstract

This study discusses the status of civilian foreign citizens who participated in the war to defend Ukraine under international humanitarian law and state responsibility for foreign civilians participating in the war to defend Ukraine under international humanitarian law. The purpose of this research is: to analyse the status of foreign nationals, especially those contained in the Geneva Convention of 1949; and accountability countries that are fair to foreign nationals based on humanitarian law international. The method used in this research is normative. Results from this research that the status of foreign citizens who are involved in fighting for Ukraine are entitled under International Humanitarian Law treated as prisoners of war and entitled to equal treatment of humans. Actions committed by foreign civilian citizens, from each country are obliged to provide accountability to the aggrieved party. The rights of foreign nationals are protected by conflicting countries but do not reduce the privileges of the state against its own citizen. The link between international human rights law and law international humanitarian law is also one of the basic reasons for detaining power does not have the right to commit acts of cruelty.Keywords: Foreign Nationals, International Humanitarian Law, State Responsibility Tanggung Jawab Negara Terhadap Warga Negara Asing yang Bertugas Sebagai Angkatan Bersenjata Ukraina: Perspektif Hukum Humaniter Internasional AbstrakPenelitian ini membahas tentang status warga sipil asing yang turut serta dalam perang membela Ukraina berdasarkan hukum humaniter internasional dan tanggung jawab negara terhadap warga sipil asing yang ikut serta dalam perang membela Ukraina berdasarkan hukum humaniter internasional. Tujuan penelitian ini adalah: menganalisis status warga negara asing khususnya yang tercantum dalam Konvensi Jenewa 1949; dan akuntabilitas negara yang adil terhadap warga negara asing berdasarkan hukum humaniter internasional. Metode yang digunakan dalam penelitian ini adalah normatif. Hasil dari penelitian ini bahwa status warga negara asing yang terlibat dalam perjuangan Ukraina berhak, menurut Hukum Humaniter Internasional, diperlakukan sebagai tawanan perang dan berhak atas perlakuan yang sama terhadap manusia. Perbuatan yang dilakukan oleh warga negara sipil asing, dari masing-masing negara wajib memberikan pertanggungjawaban kepada pihak yang dirugikan. Hak-hak warga negara asing dilindungi oleh negara-negara yang berkonflik namun tidak mengurangi keistimewaan negara terhadap warga negaranya sendiri. Keterkaitan antara hukum hak asasi manusia internasional dengan hukum hukum humaniter internasional juga menjadi salah satu alasan mendasar mengapa pihak yang tidak berhak melakukan tindakan kekejaman ditahan.Kata Kunci: Warga Negara Asing, Hukum Humaniter Internasional, Tanggung Jawab Negara
Law Enforcement of Cracking Criminal Actions from The Perspective of Special Criminal Law in Indonesia Salsabilla, Anggi Afrita; Hariyana, Trinas Dewi; Manfaluthi, Agus
UNISKA LAW REVIEW Vol 5 No 2 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i2.7047

Abstract

The development of information technology has not only positive but also negative impacts in the form of the emergence of cracking crimes. Although in Indonesia there are provisions that accommodate cracking, there are still obstacles in enforcing the law. This study aims to analyze the legal regulations for cracking crimes and the effectiveness of legal protection regulations for victims of cracking crimes from the perspective of special criminal law in Indonesia. The type of research used is normative legal research. The results of this study indicate that first, related to cracking crimes in Indonesia, it has been accommodated through Article 30 paragraph (3) and Article 46 paragraph (3) of the ITE Law 19/2016. Meanwhile, the PDP Law does not explicitly accommodate cracking crimes. However, Article 65 paragraph (1) and Article 67 paragraph (1) of the PDP Law imply elements of cracking acts in the form of illegal access to personal data. The effectiveness of the ITE Law 19/2016 and the PDP Law is still not sufficient in combating cracking crimes and providing legal protection for victims. This is a challenge for the police. The challenges are classified into four aspects of obstacles, namely: the investigation aspect, the evidence aspect, the facilities aspect, and the jurisdiction aspect. Efforts to overcome these obstacles are: (1) Special training is needed to provide investigators with an understanding of the cyber world; (2) Expert skills are needed with the help of the latest technology to analyze evidence that is at risk of being easily modified, deleted, or hidden by the perpetrator; (3) Facilities are needed that can support police performance through optimizing digital forensic skills; and (4) More attention is needed to mapping places/physical areas related to the occurrence of cybercrime.
The Existence of The Principle of Balance and The Principle of Freedom of Contract in Fiduciary Agreements After The Decision of The Constitutional Court Hariyana, Trinas Dewi
UNISKA LAW REVIEW Vol 6 No 2 (2025): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v6i2.8516

Abstract

The fiduciary gives the creditor the right to parate execution of the debtor's fiduciary object without waiting for a court decision as stipulated in Article 29 paragraphs (1) and (2) of the Fiduciary Law. The Constitutional Court Decision Number 18/PUU-XVII/2019 in its decision states that there are 2 conditions that must be met by creditors to carry out parate executions, namely the debtor must admit that he is in default, and the debtor must voluntarily surrender the object that is a fiduciary object. Then how about the existence of the principle of freedom of contract and the principle of balance in a fiduciary agreement after the Constitutional Court's decision Number 18/PUU-XVII/2019. This research uses a normative juridical method with a statute approach and conceptual approach. The decision of the constitutional court in limited the rights of creditors. The clause on default and parate execution is certainly considered Contrary to the decision of the constitutional court and results in the position of the creditor being unbalanced because the debtor becomes the dominant position because the creditor can only execute parate execution if it fulfills 2 conditions.
Co-Authors Al-Akiti, Muhammad Ayman Asmarani, Abiyyah Indi Azalia, Vania Emi Puasa Handayani Fahrazi, Mahfud Hasyim, Moch. Wachid Imam Makhali Mahfud Fahrazi Manfaluthi, Agus Marga Adi Santosa Putra, Reval Pradana Ramma Hadi Saputra Salsa Anjarwati Salsabilla, Anggi Afrita Suharto Suharto Wahid Hasyim, Moch. Wulan Oktava Rini Yunita, Eva Yutanti, Trinda Zainal Arifin Zein, D’ Adellia Dinnary