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All Journal Reformasi Hukum Trisakti
Asep Iwan Iriawan
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Law, Crime, Criminology & Criminal Justice

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Jangka Waktu Penyelesaian Kewajiban Perkara Penundaan Pembayaran Utang Di Pengadilan Niaga (Studi Putusan Nomor 134/Pdt.Sus-PKPU/2023/PN.Niaga.Jkt.Pst: The Period Of Settlement Of Posponement Of Debt Payment Obligations Cases In The Commercial Court (Study Of Decision Number 134/Pdt.Sus-PKPU/2023/Pn.Niaga.Jkt.Pst.) Rachel Zalfaa Hermawan; Asep Iwan Iriawan
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.v7i1.22296

Abstract

The Commercial Court in proceedings related to the time to grant a request for postponement of debt payment obligations (PKPU) when submitted by Creditors in accordance with Article 225 Paragraph (3) must be decided within 20 days, but in Decision number 134/Pdt.Sus-PKPU/2023/PN.Niaga.Jkt.Pst which was registered with the registrar of the Commercial Court on April 17, 2023 it was only decided for 60 days, namely on July 3, 2023. The problem is whether the PKPU period in decision number 134/Pdt.Sus-PKPU/2023/PN.Niaga.Jkt.Pst. In accordance with the provisions of the legislation and the legal consequences of the decision that was decided to exceed the time period, this research uses normative law. The results of this analysis are that the decision on the application for a PKPU statement must be decided within 20 days of registration, the decision exceeds the time period, there are omissions and discrepancies between the regulations and implementation between the Bankruptcy and PKPU Law and the judge's decision in Decision No.134/Pdt.Sus-PKPU/2023/PN.Niaga.Jkt.Pst. as a result, it causes losses and legal uncertainty. Solution In the future, the panel of judges will pay more attention to and uphold legal certainty and it is necessary to regulate the provisions of sanctions or consequences if the decision exceeds the time period in the Bankruptcy and PKPU Law.
JANGKA WAKTU PUTUSAN KASASI NOMOR.006/K/PDT.SUS-HKI/2021 TENTANG SENGKETA MEREK ANTARA PT. SUPRA TERATAI METAL MELAWAN PT. WIHARTA PRAMETAL : Yustika Nainggolan; Asep Iwan Iriawan
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18636

Abstract

Trademarks are used to identify or recognize the origin of goods and services. Several factors can trigger trademark disputes. This research discussing how the judges consider the legal aspects when examining and deciding trademark cases between PT Supra Teratai Metal and PT Wiharta Prametal, and what the legal consequences are if the cassation application in the trademark dispute exceeds the cassation time frame based on the applicable law. This research type is normative legal research, with qualitative data processing, a descriptive research nature, and deductive conclusions. The results of this research show that during the cassation application review process, the panel of judges found that the Defendant's trademark had not been officially registered. Therefore, from a legal perspective, the cassation applicant is the official holder of the registered trademarks, the sentence you provided appears to be in Indonesian and discusses a dispute over a trademark between PT Supra Teratai Metal and PT Wiharta Prametal. It mentions that the judge in examining the trademark dispute may have violated Article 2 paragraph (4) of Law No. 48 of 2009. The violation of this law could serve as a basis for the Respondent in Cassation to file a legal effort for a review.
Co-Authors Rachel Zalfaa Hermawan Yustika Nainggolan