Articles
1,070 Documents
<![CDATA[ANALISA PEMIDANAAN PELAKU TINDAK PIDANA PENGGELAPAN DI PARIGI MOUTONG (PUTUSAN NOMOR 85/PID.B/2020/PN PRG) ]]>
<![CDATA[Yoga Gunandy Dananjaya]]>;
<![CDATA[Maria Silvya E. Wangga]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (360.028 KB)
|
DOI: 10.25105/refor.v4i2.13620
<![CDATA[This research relates to the punishment of several acts of embezzlement known as concurrence of acts or concursus. The problems are: is there a combination of crimes in this crime of embezzlement in decision number 85/Pid.B/2020/PN.PRG. and what are the criminal sanctions against the perpetrators of the crime of embezzlement according to the Criminal Code (KUHP)? The research is a normative juridical and analytical descriptive. The results of the research and discussion are that in the case of the Parigi District Court decision Number 85/Pid.B/2020/PN PRG there is a combination of criminal acts in the form of concurcus realis. The form of criminal sanctions for the crime of embezzlement in the decision of the Parigi District Court Number 85/Pid.B/2020/PN PRG for the type of combined criminal acts concurrently/concurcus realis adheres to the criminal system of the heaviest punishment system where the judge only imposes the most severe punishment with added weighting. This research suggests that the Panel of Judges of the Parigi District Court pay more attention to the applicability of the principles of criminal law, especially the arrangements regarding the combination of criminal acts or concursus realis and the forms of criminal sanctions that are applied.]]>
<![CDATA[TERDAFTARNYA KATA UMUM "AJAIB" SEBAGAI MEREK PADA DAFTAR UMUM MEREK ]]>
<![CDATA[Shafa Bakadam]]>;
<![CDATA[Rr. Aline Gratika Nugrahani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (294.696 KB)
|
DOI: 10.25105/refor.v4i2.13621
<![CDATA[In the Intellectual Property Database, four words "Magic" were found which were used as trademarks with registered status. Article 20 letter f of Law Number 20 of 2016 concerning Marks and Geographical Indications states that a mark cannot be registered if it is a public name and/or a symbol of public property. The main problem is whether the word Magic is not included in the category of common words so that its registration is accepted and what are the legal consequences for the acceptance of registration of common words as a mark and what legal remedies can be taken based on Law Number 20 of 2016 concerning Marks and Geographical Indications. The research was conducted using normative legal research methods, with secondary data supported by primary data. The nature of the research is descriptive and conclusions are drawn using the deductive method. Based on the research results, the word Magic is a general word, so registration as a trademark cannot be accepted.]]>
<![CDATA[PERAN BP4 KECAMATAN TEBET PADA PELAKSANAAN PERKAWINAN DI INDONESIA SAAT PANDEMI COVID-19 ]]>
<![CDATA[Hafidhah Aurelia Afrah]]>;
<![CDATA[Khairani Bakri]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (275.435 KB)
|
DOI: 10.25105/refor.v4i2.13622
<![CDATA[The Advisory Board for the Development and Preservation of Marriage (BP4) was formed as a partner of the Ministry of Religion in creating a sakinah, mawaddah, warahmah family. The problems are: what were the problems faced by BP4 Tebet District, South Jakarta regarding the implementation of marriages in Indonesia during the Covid-19 pandemic? And what is the role of BP4 in dealing with legal issues related to the implementation of marriages in Indonesia during the Covid19 pandemic? This research is normative, descriptive analytical research, using secondary and primary data, and using qualitative analysis with deductive conclusions drawn. Conclusion: there are 6 legal issues related to unregistered marriage, underage marriage, kafa'ah, medical examination for the bride and groom, violation of sighat taklik divorce, and divorce pronounced outside the court. The role that BP4 Tebet District has to carry out with this problem is to continue to follow the efforts and efforts that have been listed in the AD/ART BP4 results. Suggestions from this research: legislators so that the Marriage Law and KHI are updated by adding health check requirements and BP4 need to add other parties such as the parents of the prospective bride and groom to attend marriage guidance.]]>
<![CDATA[PERLINDUNGAN HAK CIPTA MELALUI REGULASI TOKOPEDIA DALAM PENJUALAN BUKU BAJAKAN SUPERNOVA ]]>
<![CDATA[Chantry Dhityaenggarwangi]]>;
<![CDATA[Dian Purnamasari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (295.224 KB)
|
DOI: 10.25105/refor.v4i3.13819
<![CDATA[Books are objects protected by copyright under Article 40 of the Copyright Law. However, there are still parties who sell pirated books of Dee Lestari's Supernova on Tokopedia. Tokopedia is a marketplace platform, where sellers and buyers transact buying and selling online. Tokopedia has regulations governing what types of goods may not be traded. The formulation of the problem regarding the form of infringement in the sale of pirated books Supernova in the marketplace Tokopedia and copyright protection against the sale of pirated books Supernova through Regulation Tokopedia. The research method is normative legal research with secondary data and supported by primary data. The nature of the research is descriptive and drawing conclusions with deductive reasoning. The results of the research, discussion and conclusions of this article are that there is a form of violation of economic rights, namely unauthorized duplication and distribution without the permission of the creator or copyright holder in the sale of pirated Supernova books on Tokopedia. In addition, Tokopedia has regulations that provide copyright protection in the Tokopedia marketplace, but it has not been maximized so that there are still sales of Supernova pirated books on Tokopedia.]]>
<![CDATA[PERLINDUNGAN HAK CIPTA TERHADAP PENAYANGAN IMPERFECT THE SERIES OLEH AKUN TIKTOK ]]>
<![CDATA[Vanessa Jaya Arlandy]]>;
<![CDATA[Dian Purnamasari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (307.385 KB)
|
DOI: 10.25105/refor.v4i3.13820
<![CDATA[The case of Imperfect the Series airing by TikTok account resulted in a considerable number of viewers. the action was done without the knowledge of Ernest Prakasa, as the creator. Problem formulation: whether the viewing of Imperfect the Series by TikTok account is an act of copyright infringement and how efforts can be taken by Ernest Prakasa in overcoming the viewing of Imperfect the Series by TikTok account. the research method used is normative, the nature of the research is descriptive, using secondary and primary data. Based on the results of research, discussion and conclusions, that the viewing of Imperfect the Series is an act of copyright infringement, which violates moral rights and economic rights, as stipulated in Article 1 number 17, Article 1 number 12, and Article 5 paragraph (1) UUHC. In addition, the effort that can be taken by Ernest Prakasa is to reprimand the account and file a report. These efforts are in accordance with the applicable procedures and provisions. If these efforts are unsuccessful, then the efforts that can be taken are through alternative dispute resolution channels or courts, based on Article 95 paragraph (1) UUHC.]]>
<![CDATA[PRAKTIK DISKRIMINASI PT GARUDA INDONESIA (PERSERO) TERKAIT PROGRAM WHOLESALER ]]>
<![CDATA[Alfiyyah Inayah Taqyuddin]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (248.033 KB)
|
DOI: 10.25105/refor.v4i3.13821
<![CDATA[In March, PT Garuda Indonesia (Persero) issued GA Info which appointed six wholesalers in the distribution of direct sales of Jeddah - Medina umrah tickets and resulted in market barriers for 301 PPIUs to gain access to Garuda Indonesia tickets. The formulation of the problem is; how is the activity or behavior of PT Garuda Indonesia (Persero) in carrying out discriminatory practices resulting in losses to other business actors based on Article 19 letter d of Law Number 5 Year 1999? and whether the considerations of the KPPU Panel in deciding case Number 06/KPPU-L/2020 are in accordance with Law No. 5/1999 and applicable laws and regulations in the field of competition law? Research method is normative, descriptive in nature using secondary data obtained through literature studies and interviews. The data is qualitatively with deductive inference. The results of the research, discussion and conclusions of the author are; that Garuda Indonesia's activities in carrying out discriminatory practices are by appointing six wholesalers, resulting in 301 wholesalers not being able to access airplane tickets directly through Garuda Indonesia and the consideration the KPPU Panel in deciding case Number 06/KPPU-L/2020 is in accordance with Law No. 5/1999 and regulations in field competition law.]]>
<![CDATA[PENDAFTARAN TAGIHAN ATAS JAMINAN CROSS COLLATERAL DALAM PROSES PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG ]]>
<![CDATA[Nadia Nursantih]]>;
<![CDATA[Heru Pringgodani Sanusi]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (253.551 KB)
|
DOI: 10.25105/refor.v4i3.13822
<![CDATA[Cross Collateral in a Bank Credit is a guarantee derived from one legal relationship or for one or more debts derived from several legal relationships, provided by the debtor and accepted by the bank which can reduce the risk in lending, this is in accordance with the principle of prudential banking. The formulation of the problem discussed, how is the Treatment of Cross Collateral Collateral for the Recording of Bill Registration in the Accounts Receivable List in the PKPU Process and how is the Position of Bank Creditors as Holders of Cross Collateral in the Receivables Matching Phase in the PKPU Process according to UUK-PKPU. Normative writing method, descriptive writing nature, type of data using secondary data, qualitative data analysis. And conclusion making is done with deductive logic. Based on the results of the study, Cross Collateral in the PKPU process can be divided pari passu pro rata and the position of Creditors holding Cross Collateral as a privileged separatist Creditor based on Article 55 paragraph (1) UUK-PKPU, and applies mutatis mutandis to the PKPU process based on Article 246 UUK-PKPU so that the right to confiscation and execution in PKPU is suspended until PKPU ends.]]>
<![CDATA[ANALISIS HUKUM PERLINDUNGAN PENCIPTA ATAS KOMERSIALISASI LAGU YANG DILAKUKAN OLEH TELEVISI INDOSIAR ]]>
<![CDATA[Fadyah Suci Wulandari]]>;
<![CDATA[Simona Bustani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (252.658 KB)
|
DOI: 10.25105/refor.v4i3.13828
<![CDATA[Protection of Intellectual Property Rights on copyright which includes economic rights and moral rights of the creator and/or copyright holder is needed, with the violation of the announcement and/or reproduction of copyrighted works that are not done with permission or license agreement. The formulation of this problem is how the arrangement of the legal protection of songwriters Bukan Pengemis Cinta based on the Copyright Act and how the role of LMK and LMKN in copyright protection. The research method used is normative, this research is descriptive, the type of data used is primary and secondary data, qualitative data analysis, and methods to draw conclusions using deductive logic. The results of this research, discussion and conclusion are the legal protection arrangements of creators and / or copyright holders have been regulated in UUHC in 2014 and PP No. 56 of 2021 this confirms the mandate of UUHC 2014 regarding royalty payments, LMK and LMKN play an important role for that, the establishment of this Institution is a way of solving problems experienced by creators and/or copyright holders who often experience obstacles in maintaining their economic rights to the commercialization of their copyrighted works.]]>
<![CDATA[PENGAMBILALIHAN SAHAM PERUSAHAAN MENURUT UU ANTIMONOPOLI (PERBANDINGAN HUKUM INDONESIA DENGAN KOREA SELATAN) ]]>
<![CDATA[Nadya Angelina]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (345.801 KB)
|
DOI: 10.25105/refor.v4i3.13829
<![CDATA[Competition law regulates the obligation to report the acquisition of company shares with certain requirements. However, each country regulates the reporting requirements with a different system, as well as Indonesia and South Korea. The problem formulation is how the regulation of the submission of share takeover reports according to Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and the Monopoly Regulation and Fair Trade Act in South Korea, as well as differences in the application of reporting delays in takeovers in Indonesia and South Korea. Normative juridical research method using secondary data, analyzed using qualitative methods with deductive inference. The results of research, discussion and conclusion that the submission of a share takeover report in Indonesia is regulated in Article 29 of the Antimonopoly Law jo. Article 5 of Government Regulation No. 57 of 2010 and South Korea in Article 12 of the MRFTA. Both countries use a post notification reporting system, but South Korea stipulates mandatory pre-notification with certain limitations. The sanction for late reporting in South Korea is relatively smaller, which is ₩100,000,000.00, while the late fine in Indonesia is calculated daily up to a maximum of Rp 25,000,000,000.]]>
<![CDATA[PERBANDINGAN HAK PENGUASAAN ATAS TANAH ANTARA NEGARA INDONESIA DENGAN NEGARA KEPULAUAN SOLOMON ]]>
<![CDATA[Dhea Nadhifa Vrily Pontoh]]>;
<![CDATA[Dinda Keumala]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (261.575 KB)
|
DOI: 10.25105/refor.v4i3.13830
<![CDATA[Comparative Law is the confrontation of comparable elements of two legal systems to find their differences and similarities. Land tenure rights in Indonesia and Solomon Islands. The formulation of the problem is; what are the similarities and differences between the Land Tenure Rights between the State of Indonesia and the Solomon Islands? and what are the factors causing differences in Land Tenure Rights between the State of Indonesia and the Solomon Islands? The method of legal research is normative and is descriptive-comparitive, secondary data which is analyzed qualitatively, and the conclusion is drawn using the deductive method. The results of this research, discussion and conclusion are, there are similarities in Indonesia and the Solomon Islands regarding land tenure rights, namely the meaning of land tenure rights, the existence of customary land tenure rights, individual rights to land in the form of property rights & perpetual estate, and arrangements for the subject of land rights holders. In addition to similarities, differences arise in the form of regulation of land tenure rights, the use of hierarchy in land tenure rights, systematics in land tenure rights in the form of state control rights with public (crown) land.]]>
