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<![CDATA[PRINSIP ITIKAD BAIK DALAM PENDAFTARAN MEREK TYPE R MILIK HONDA MOTOR CO. LTD (STUDI PUTUSAN NOMOR 42/PDT.SUS-MEREK/2019/PN.NIAGA.JKT.PST) ]]>
<![CDATA[Widya Ananda]]>;
<![CDATA[Simona Bustani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13837
<![CDATA[The case of cancellation of registered trademark Handy Wijaya related to the element of bad faith in the registration of the trademark is similar in essence to the famous trademark of Honda Motor Co., Ltd. The problem is: how is the regulation of the principle of good faith in the registration of the TYPE R trademark owned by Honda Motor Co., Ltd. based on Law Number 20 of 2016 concerning trademarks and why the principle of good faith is not used as one of the legal considerations based on decision Number 42/Pdt.Sus-Merek/2019/PN.Niaga.Jkt Pusat. It is normative and qualitatively. The results of research, discussion and conclusion that the TYPE R Trademark owned by Handy Wijaya, proven to have similarities in essence with the Type R Trademark owned by Honda Motor Co., Ltd. regarding the shape, way of placement, way of writing, combination of elements or similarity of speech sounds which violates the principle of good faith in trademark registration in accordance with Law Number 20 of 2016 concerning Trademarks and Geographical Indications, where Handy Wijaya has been proven to register his trademark in bad faith which causes Handy Wijaya's TYPE R trademark to be canceled with all its consequences.]]>
<![CDATA[TANGGUNG JAWAB MERCHANT SHOPEE DALAM TRANSAKSI COD MENURUT HUKUM PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Stella Trixie Jane]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13840
<![CDATA[One of the fast-growing e-commerce sites in Indonesia is Shopee. Shopee provides a Cash on Delivery (COD) payment method. The application of COD in fact gets a lot of public attention, because many consumers vent their anger at the courier because the goods sent do not match the order. The formulation of this problem is How are the legal consequences of business actors in Shopee application-based buying and selling transactions through Cash on Delivery (COD) for goods sent that are not in accordance with orders according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? And how is the responsibility of business actors in buying and selling transactions based on the Shopee application through Cash on Delivery (COD) for goods that are sent not in accordance with the order according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? Normative research method, analyzed using qualitative methods with deductive inference. The results of the research, discussion and conclusion, that the legal consequences of the Shopee application-based buying and selling transaction through COD, the business actor provides compensation and consumers can make complaints, and the responsibility of the business actor is contractual responsibility.]]>
<![CDATA[PENDAFTARAN PERALIHAN HAK ATAS TANAH KARENA JUAL BELI YANG DIBUAT DIBAWAH TANGAN (STUDI KASUS PUTUSAN NO. 116/PDT.G/2019/BKN) ]]>
<![CDATA[Rurrie Putri Mutiara Sari]]>;
<![CDATA[Dinda Keumala]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13841
<![CDATA[The transfer of land rights in a sale and purchase must be carried out in front of an authorized official (PPAT) by making a Sale and Purchase Deed as evidence for the process of transferring land rights/title at the Land Office. The formulation of this research problem is how is the validity of the transfer of land rights due to the sale and purchase of land made under the hand? What must the buyer do to register the transfer of land rights made under the hand based on Decision No. 116/Pdt.G/2019/Bkn? Normative juridical research method. Secondary data collection technique. The nature of the research used is descriptive analytical. This research is analyzed qualitatively. The method of drawing conclusions with the deductive logic method. The results of research, discussion and conclusions, especially in the case of Decision No.116/Pdt.G/2019/Bkn Bangkinang that the sale and purchase of land under the hand is valid because it has fulfilled the material requirements in buying and selling, but has not fulfilled the formal requirements because the sale and purchase is carried out only with a letter under the hand, a Sale and Purchase Deed has not been made before a PPAT.]]>
<![CDATA[PERBANDINGAN KEPEMILIKAN SRS DENGAN APARTEMEN UNTUK ORANG ASING DI INDONESIA DAN THAILAND ]]>
<![CDATA[Intan Monika]]>;
<![CDATA[Dinda Keumala]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13842
<![CDATA[High population growth is the reason people choose to live in vertical housing because land in big cities is increasingly limited and land prices are getting higher. The large number of foreign workers in Indonesia also adds to the density of housing in big cities. The problem formulation is the ownership similarity of flats and apartments for foreigners in Indonesia and Thailand, what are the differences in ownership of flats with ownership of apartments for foreigners in Indonesia and Thailand, what causes similarities and differences in ownership of flats with ownership of apartments for foreigners in Indonesia and Thailand. Normative juridical research method, descriptive research nature, conclusion drawing using deductive logic. The results of the research, discussion and conclusions, similarities: land ownership, both countries prohibit foreigners from owning land; The difference: the term mentioning the unit, Indonesia uses the unit of flats and Thailand uses the term of Apartment; quota limit of unit ownership, Thailand regulates foreigners may not own apartments more than 49% of the total units while Indonesia is not regulated. The cause of the similarities between the two countries is the increasing demand for residential needs for foreigners.]]>
<![CDATA[PEMBAGIAN HARTA WARISAN ALMARHUM MARABEN DAN MEIDA SM M PANGGABEAN MENURUT KUHPERDATA (STUDI PUTUSAN NOMOR 151/PDT.G/2020/PN JKT PST) ]]>
<![CDATA[Tantri Benaz Cindy Siregar]]>;
<![CDATA[Dinda Keumala]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13843
<![CDATA[Regarding Decision Number 151/Pdt.G/2020/PN Jkt Pst where there was a dispute over the inheritance of the late Retired General Maraben and Meida SM M Panggabean, thus making the author to conduct further research with the formulation of the problem of how the distribution of the inheritance of the late Retired General Maraben and Meida SM M Panggabean to their heirs according to the Civil Code, and whether the contents of Decision Number 151/Pdt. G/2020/PN Jkt Pst regarding the division of the estate of the late Retired General Maraben and Meida SM M Panggabean is in accordance/not according to the Civil Code. The research was normative legal method, descriptive analytical, secondary data type, conducted qualitatively, deductive logic inference. The results of research, discussion and conclusions: the distribution of the estate of the late Retired General Maraben and Meida SM M Panggabean to their heirs according to the Civil Code, namely Duma (3/16) part, Musida (3/16) part, Tetty (3/16) part and Baringin (7/16) part and the contents of Court Decision Number 151/Pdt.G/2020/PN Jkt Pst regarding the distribution of the estate of the late Retired General Maraben and Meida SM M Panggabean to their heirs are not in accordance with the Civil Code.]]>
<![CDATA[PERLINDUNGAN TERHADAP PEMEGANG HAK CIPTA FILM KELUARGA CEMARA BERDASARKAN UNDANG-UNDANG HAK CIPTA ]]>
<![CDATA[Dani Ikhwanto]]>;
<![CDATA[Rakhmita Desmayanti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13844
<![CDATA[In the protection of copyright infringement on internet-based means of copyright law in article 54 has set it. One of them is the supervision of the dissemination of copyrighted works. Law enforcement measures that can be taken by copyright holders to protect their work is mediation, based on the provisions of Article 95 Paragraph 4 UUHC to conduct criminal prosecution must first take dispute resolution through mediation. After that new copyright holders can sue criminally. The research was conducted with normative legal research methods using secondary data. Based on article 120 of the UUHC this criminal offense is a complaint offense. Article 105 of the Copyright Act also mentions the right to file a civil suit does not reduce the creator's right to sue criminally. If the copyright holder filed a lawsuit for compensation then according to Article 99 UUHC the lawsuit for compensation is submitted to the commercial court. The last step that can be taken by copyright holders is a report on the closure of content carried out to the Government in this case the Director General of IPR in collaboration with the Director General of APTIKA in accordance with the order of UUHC Article 56 Paragraph (2).]]>
<![CDATA[TANGGUNG JAWAB PENGANGKUT TERHADAP KORBAN KECELAKAAN JALAN TOL (ANALISIS PUTUSAN NOMOR 308/PDT.G/2020/PN.JKT.PST) ]]>
<![CDATA[Salsabila Setyaningrum]]>;
<![CDATA[Siti Nurbaiti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13845
<![CDATA[Traffic accidents, especially on the JORR Toll Road still occur frequently, sometimes involving third parties, for example in the case of a traffic accident that occurred between a truck and a PJR (Highway Patrol) Service Car on the JORR Toll Road (Ciledug area towards Meruya), South Jakarta. Problem formulation: How is the Responsibility of Truck Carriers for accident victims at the JORR Toll Road in South Jakarta based on Law No. 22 of 2009 and whether the Judge's Decision Number 308/Pdt.G/2020/PN.Jkt.Pst regarding the Responsibility of Truck Carriers is in accordance or not with Law No. 22 of 2009. The research method used is descriptive normative research method by sourcing secondary data, which is analyzed qualitatively with descriptive conclusions. The results of the research, discussion and conclusion that the transportation company is not responsible as stipulated in Article 194 of the UULLAJ and the Judge's Decision is not in accordance with the road traffic and transportation law because it decides based on Article 1367 of the Civil Code.]]>
<![CDATA[KARYA SINEMATOGRAFI YANG DI-REPOSTING TANPA IZIN PENCIPTA DALAM YOUTUBE BERDASARKAN UUHC ]]>
<![CDATA[Tamara Sindytia]]>;
<![CDATA[Rakhmita Desmayanti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13846
<![CDATA[Copyright is an exclusive right owned by the creator that arises automatically based on the declarative principle after a creation is realized in a tangible form. In the Copyright law, one of the creations that are protected is Cinematographic Works contained in article 40 paragraph 1 letter M. Cinematographic works are creations in the form of moving images like video content contained on YouTube. This study uses a method with the type of normative legal research that is descriptive in nature and also primary data to support secondary data by conducting interviews with the parties concerned and this research is analyzed qualitatively. The conclusion of this study is that the act of reposting cinematographic works is a form of violation of economic rights and moral rights in which efforts that creators can take to avoid reposting are to turn on the content ID feature that has been provided by Youtube in this case to identify videos that have something in common with the creator. may register with the Directorate General of Intellectual Property as evidence in the event of a Copyright dispute and join the Collective Management Institute for the management of economic.]]>
<![CDATA[PENGATURAN RESTRUKTURISASI PEMBIAYAAN DI BANK SYARIAH INDONESIA SELAMA MASA PANDEMI COVID-19 ]]>
<![CDATA[Mega Ayu Putri Lestari]]>;
<![CDATA[Dinda Keumala]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13847
<![CDATA[During the Covid-19 pandemic, one of the reliefs provided by the Government was restructuring. The restructuring instruction is regulated in the Financial Services Authority Regulation No. 11/POJK.03/2020 concerning National Economic Stimulus as Countercyclical Impact of the Spread of Coronavirus Disease 2019 as amended by POJK No. 48/POJK.03/2020 and last amended by POJK No. 17/POJK.03/2021. In this case, the Financial Services Authority Regulation is still very general in nature so that the Financial Services Authority instructs the bank to include several provisions in the Bank's Internal Guidelines. The formulation of the problem is how the suitability of restructuring arrangements and differences in restructuring arrangements based on the Financial Services Authority Regulation on National Economic Stimulus as Countercyclical Impact of the Spread of Coronavirus Disease 2019 with restructuring based on Bank Syariah Indonesia Internal Regulations. The research method is normative, descriptive in nature, secondary data supplemented by interviews, qualitative data analysis, and deductive logic. The results of the research, discussion and conclusions; Bank Syariah Indonesia's Internal regulations are in accordance with the Financial Services Authority Regulations with some additional special provisions that are generally regulated in the Financial Services Authority Regulations prevent massive customer defaults at the end the restructuring.]]>
<![CDATA[PELAKSANAAN GOOD PENSION FUND GOVERNANCE PADA DPLK BNI (PROGRAM BNI SIMPONI) ]]>
<![CDATA[Sylvana Grace]]>;
<![CDATA[Ning Adiasih]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13848
<![CDATA[In running the BNI Simponi program, in order for this program to be said to have carried out good management, the Financial Institution Pension Fund must contain the principles listed in Article 1 point 2 of the Financial Services Authority Regulation Number 15/POJK.05/2019. The formulation of the problem in this journal is how the implementation of Good Pension Fund Governance in the BNI Simponi Financial Institution Pension Fund owned by Bank Negara Indonesia. The research method used is normative type, descriptive in nature, the main data is secondary data supported by interviews, how to collect data by literature study, qualitative analysis and how to draw conclusions with the deductive method. The results of the research, discussion and conclusion are that the Pension Fund of the Financial Institution of Bank Negara Indonesia has implemented the principles of good Pension Fund Governance even though there are several obstacles experienced. Suggestion: DPLK BNI needs to improve the technology system so that the obstacles experienced can be overcome and the need for cooperation with the government in order to socialize the importance of having a Pension Fund.]]>
