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<![CDATA[TANGGUNG JAWAB PENGELOLA JALAN TOL ATAS KECELAKAAN DI JALAN TOL JAKARTA-CIKAMPEK ]]>
<![CDATA[Khosyi Putra Ariswari]]>;
<![CDATA[Siti Nurbaiti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13442
<![CDATA[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.]]>
<![CDATA[TINDAKAN USNS IMPECCABLE DALAM MELAKUKAN KEGIATAN DI 75 MIL SELATAN PULAU HAINAN ]]>
<![CDATA[Maya Ajeng Nur’Aini]]>;
<![CDATA[Anto Ismu Budianto]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13443
<![CDATA[Marine scientific research collect all types of data carried out at sea such as oceanography, marine biology, and hydrography. Marine scientific research is carried out with the consent of the coastal state and is carried out for peaceful purposes. The research’s issues are whether the actions of the USNS ship conducting marine scientific research in 75 miles south of China's Hainan Island violated the 1982 KHL and whether the USNS ship's actions could be proven as military activity, namely reconnaissance at the Yulin Sea Base based on the 1982 KHL. This research conducted in normative methods and using data obtain through literature studies. The conclusion of this research is that the USNS Impeccable in its activities violated the 1982 KHL. The USNS Impeccable carried out its activities in 75 miles of China's Hainan Island which is an EEZ claimed by China. The USNS Impeccable ship did not give prior notification of its activities as stipulated in Article 58 of the 1982 KHL and its activities could be proven as military activities because it threatened China's sovereignty in its activities which also indicated reconnaissance of the Yulin Sea Base which violated article 301 of the 1982 KHL.]]>
<![CDATA[ANALISIS YURIDIS USAHA PERIKANAN PASCA UNDANG-UNDANG NOMOR 11 TAHUN 2020 CIPTA KERJA ]]>
<![CDATA[Shandra Mellany Aldalia]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13445
<![CDATA[In order to create jobs and increase investment, the government simplified numbers of statutory regulations commonly called the Omnibus Law. From Omnibus Law, Law Number 11 of 2020 concerning Job Creation was born. It changed and deleted several articles in the law. One of them is Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries. The most dominant articles related to licensing simplification are integrated in UUCK. The main problems in this research are What are the factors led to the birth of UUCK which regulates Maritime Affairs and Fisheries and the similarities and differences in fishing business from Law Number 31 of 2004 Juncto Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries with UUCK. This research is a normative and analytical descriptive legal research by using secondary data and primary data to support secondary data. The data is analyzed qualitatively and the conclusions are drawn by using deductive methods. It can be concluded that UUCK amended that every fishing business activity must have Business Permit. This business license is made by taking the risk-based licensing process into account.]]>
<![CDATA[ANALISIS YURIDIS KEWENANGAN PENGADILAN NIAGA MENGADILI PUTUSAN HOMOLOGASI ANTARA PEKERJA DENGAN PERUSAHAAN ]]>
<![CDATA[Bella Shaqira Sucipto]]>;
<![CDATA[Ning Adiasih]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13446
<![CDATA[Court Decision Number 274.Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst is a lawsuit filed by workers due to non-implementation of the Decision from Industrial Relations Court by PT Sari Keramindo International. The main problems: how the authority of Central Jakarta Commercial Court in examining and deciding disputes between workers and PT Sari Keramindo International and how is the dispute resolution process in homologation decisions between workers and PT Sari Keramindo International based on the regulations. This research is normative descriptive legal research trough literature studies, analyzed qualitatively and conclusions are drawn using deductive methods. The conclusion: Commercial Court has authority to adjudicate disputes between workers and PT Sari Keramindo International due to wages and severance pay which can categorized as debt arising from law due to the non-implementation of the decision of Industrial Relations Court and provisions in Article 1149 (4) of Civil Code and Article 81 number 33 of Law Number 11 of 2020 which confirms that the workers positioned as preferred creditors for unpaid wages and other rights. As well as the existence of discrepancies in Decision Number 274/Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst related to expiration of time period in deciding on homologation decisions as stipulated in Article 284 (4) of Law Number 37 of 2004.]]>
<![CDATA[SENGKETA PENERBITAN SERTIPIKAT HAK MILIK DI ATAS TANAH HAK GUNA USAHA ]]>
<![CDATA[Aldavira Artamevia]]>;
<![CDATA[Listyowati Sumanto]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13447
<![CDATA[Land registration is required to guarantee legal certainty and also the certainty of land rights. Land certificate is a strong proof of rights. However, there were cases of multiple certificates, more than one certificate on the same plot of land in Kuantan Singingi Regency. The main problem in this research is what causes overlapping certificates regarding the issuance of certificates of property rights on land that still has the status of PT Wanasari Nusantara's Cultivation Rights. This research is a normative and descriptive legal research by using primary and secondary data, analyzed qualitatively and the conclusions are drawn by using deductive logic methods. The conclusion obtained in this research is that the factors causing the problem of overlapping certificates are because the land registration still does not use a computerized system and does not utilize land registration maps, so that village officials provide wrong information to the National Land Agency.]]>
<![CDATA[DITOLAKNYA GUGATAN PERCERAIAN KARENA TIDAK ADANYA SURAT IZIN PERCERAIAN PEGAWAI NEGERI SIPIL ]]>
<![CDATA[Amelia Chandra Utami]]>;
<![CDATA[Setyaningsih Setyaningsih]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13448
<![CDATA[Article 1 of the 1974 Law regulates the sacredness of a marriage and a lifelong bond between the two. Article 38 of the UUP explains that marriages can be dissolved due to divorce and court decisions. But not all divorce requests were granted by the court. In the Sidoarjo District Court Decision 158/Pdt.G/2020/PN.Sda, The Judge rejected the dissolving of the marriage between the two doctors who had status as civil servants because there was no divorce permit from the superior which should be attached in the documents as proof. The main issues are: 1) Was the absence of a divorce permit from the superior is the reason for dissolving of the marriage, 2) What were the judge's considerations in rejecting the dissolving of the marriage between Dr. SpOG (K) and Dr. Yz.]]>
<![CDATA[ANALISIS YURIDIS TERHADAP KOMPETENSI PENGADILAN HUBUNGAN INDUSTRIAL DALAM MEMERIKSA SENGKETA PERJANJIAN KEMITRAAN ]]>
<![CDATA[Cherya Metriska]]>;
<![CDATA[Yogo Pamungkas]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13450
<![CDATA[The definition of absolute competence is regarding to power between judicial bodies, seen from the type of court, and regarding the granting of power to adjudicate. The research’s main problems are whether the Central Jakarta Industrial Relations Court has the authority to examine and decide disputes between Wandi Irawan, et al., Against PT Tubagus Jaya Mandiri and whether the decision of Industrial Relations Court in the dispute between Wandi Irawan, et al and PT Tubagus Jaya Mandiri complies with Law Number 2 of 2004? This research is a normative and descriptive analytical legal research by using secondary data and the conclusions are drawn by using deductive logic methods. The conclusions are that the Industrial Relations Court at the District Court in the first degree had been decided with a N.O Decision or an unacceptable decision, because it is clear that when it comes to a claim containing or violating absolute competence, the claim is said to be unacceptable, not rejected decison so that the plaintiff should have re-submitted the lawsuit to District Court in the legal area where the defendant lives, not to Industrial Relations Court because it is not an institution that has the authority to adjudicate.]]>
<![CDATA[MASALAH WANPRESTASI PENGEMBANG APARTEMEN NEWTON RESIDENCE ]]>
<![CDATA[Erica Khoirunnisa]]>;
<![CDATA[Anda Setiawati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v3i2.13451
<![CDATA[The practice of Pre-Project Selling is used by people in the construction of flats by binding potential buyers through a Sale and Purchase Agreement (PPJB). In reality, many problems arise, especially the problems in PPJB violations. The problems in this research are whether pre-project selling of Newton Residence Apartments is in accordance with applicable procedures and whether PPJB violations by the developer include acts of default or acts against the law and whether the consideration of the panel of judges stated that the perpetrators of the construction of defaults were in accordance with the provisions of the applicable law. To answer the problems, the authors conduct a normative and descriptive legal research by using secondary data obtained trough library research, analyzed qualitatively and the conclusions are drawn deductively. The results of this research are that the pre-project selling of Newton Residence Apartments is not in accordance with the Decree of Menpera No. 11/KPTS/1994 and the actions of the perpetrators of the development include acts of default in the form of not carrying out what has been agreed upon, and a court decision stating that the developer is default is in accordance with the applicable law and regulations.]]>
<![CDATA[PEMBAGIAN WARIS ANAK ANGKAT BERDASARKAN HUKUM WARIS ADAT AMBON ]]>
<![CDATA[Winny Amanda Darwin]]>;
<![CDATA[Ning Adiasih]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13597
<![CDATA[Customary law is a law that is recognized and developed in Indonesian society. An adopted child is a child legally adopted from another person, through adoption, the status of the adopted child changes from not being a biological child to becoming an adopted child who is legally recognized or has the same position as a biological child. The problem in this material is how the position of adopted children in Ambon customary inheritance law. The type of research conducted is normative which is descriptive in nature supported by secondary data, then analyzed qualitatively, by drawing conclusions carried out by the deductive method. As stipulated in the customary inheritance law in Ambon Landraad Amboina Decree No.14/1920 that in inheriting the position of adopted children the same as biological children as long as their appointment is before a notary or court and with the approval of the Head of Saniri Negri and heir children or biological children of parents he adopts, in other words, it is not enough just to get the approval of the head of the State Saniri, without the approval of the heirs, that adopted children cannot inherit the right to inherit along with their biological children.]]>
<![CDATA[PERLINDUNGAN TERHADAP PENCIPTA APLIKASI CXM (STUDI PUTUSAN NOMOR 60/PDT.SUS-HAK CIPTA/2020) ]]>
<![CDATA[Amelia Nofianti]]>;
<![CDATA[Simona Bustani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13598
<![CDATA[Today companies find it difficult to maintain ownership of computer program copyrights. One of the copyright ownership cases for the CXM application was PT Telekomunikasi Indonesia with a programmer named Iman Fauzan Syarief where Iman claimed the application copyright belonged to him. The formulation of the problem is how is the legal protection for the creator of the CXM application which was previously registered in the name of Iman Fauzan Syarief based on the UUHC and what is the impact of recording the copyright of the CXM application on behalf of Iman Fauzan Syarief to PT Telkom based on UUHC. This research method uses normative research methods, is descriptive using secondary data and primary data, and draws conclusions by deductive method. The results of the research, discussion and conclusion are that the legal protection for the creator of the CXM Application is protected under Articles 33, 34, 35 and 37 UUHC and PT Telkom is declared the creator, and the recording of the CXM Application by programmer Iman Fauzan Syarief does not give birth to a copyright.]]>
