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<![CDATA[- Perbandingan Penerapan Predatory Pricing Menurut Hukum Persaingan Usaha Indonesia dan Amerika Serikat: - ]]>
<![CDATA[Farhandi Himawan]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16483
<![CDATA[Entrepreneurs engage in the practice of "selling and loss" in order to eliminate their rivals. Each nation has its own laws governing the proscription of selling at a loss. The formulation of the issue is the parallels and discrepancies between Indonesian and American laws governing sales and losses, business competition, and the application of the ban on predatory pricing based on KPPU-P Decision No. 03/KPPU-L/2020 and Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. Legal normative approach opposed to legal comparison between Indonesian and American law. utilizing secondary qualitative data and inference. The findings of the study and discussion show that it is governed in Indonesia by Article 20 of Law No. 5/1999, while In the United States, agreements including predatory pricing are prohibited by Section 2 of the Sherman Act and Section 2(a) of the Clayton Antitrust Act. In terms of the business competition authorities in Indonesia and the United States, KPPU, DOJ, and FTC are autonomous Indonesian organizations. Only one authority in Indonesia, namely KPPU, is in charge of business competition matters, although DOJ and FTC are present in the United States. In conclusion, Indonesia and the United States are required to take into account economic theories.]]>
<![CDATA[- Tindak Pidana Kekerasan Dalam Lingkungan Rumah Tangga yang Tidak Menyebabkan Penyakit: - ]]>
<![CDATA[Anselmus Jefri Aldonny Pasaribu]]>;
<![CDATA[Ermania Widjajanti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16485
<![CDATA[The Batu Sangkar District Court's ruling. In violation of Article 44 Paragraph (4) of Law Number 23 of 2004, the defendant, Dandi Arisman, who is the victim's husband, assaulted the victim by kicking the body of the motorbike she was riding. Despite the victim's minor injuries, she continued to perform his job at the time. The question put up is whether it is appropriate to apply Law No. 23 of 2004's Article 44 paragraph (1) to those who commit crimes. (Decision No. 113/Pid.Sus/2021/PN BSK) and what is the judge's sanction for those who use physical force in domestic situations? The research technique makes use of normative descriptive analytical research with secondary data. The findings of the government's investigation and discussion led to the publication of Law No. 23 of 2004 as a regulation. When the defendant's conduct were compliant with Article 44, paragraph 4, of Law No. 23 of 2004, and they resulted in serious injury to the victim as well as the victim's inability to perform her job as a result of those injuries, this rule has permanent legal force. The judge's judgment is not in line with the UUPKRT, which leads to misunderstandings, according to the conclusion.]]>
<![CDATA[- AKTA JUAL BELI YANG DIBUAT OLEH PPATS BERKAITAN DENGAN PROSES PENDAFTARAN TANAH (STUDI KASUS PPATS KECAMATAN BATUJAYA KABUPATEN KARAWANG): - ]]>
<![CDATA[Astrid Utari Kemala]]>;
<![CDATA[Metty Soletri]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16486
<![CDATA[According to the mandate of the UUPA, which is mentioned in Article 19 paragraph (1) of Law No. 5/1960 Jo. and Article 3 letter an of PP 24/1997, the goal of land registration is to ensure legal certainty. In this instance, the role of PPAT is one of the institutions that promotes the attainment of the objective of land registration. But in practice, many continue to employ PPATS services in place of PPAT. Problem statement: Does the PPATS play the same role with PPAT ? How about the legal status of sales purchase deed made by PPATS to land certified. A normative-juridical research methodology was used, with the nature of qualitative research, literature study and the primary data is interviewed. Data analysis is done by qualitative methods with use interview data result. The conclusion is carried out by the deductive method. The research results, discussion and conclusion that act of transfer land rights need land registration to obtain legal certainty. Legal consequences if land obtained through buying and selling but not immediately registered is not meeting the clear legality. The transfer of land rights carried out by PPATS is not continued until the process of tittle transfer document.]]>
<![CDATA[ANALISIS YURIDIS PENANGKAPAN IKAN OLEH KAPAL ASING YANG MENANGKAP IKAN DI INDONESIA ]]>
<![CDATA[Abdullah Rafi]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16500
<![CDATA[The main motivation behind this study is the great majority of foreign-flagged ships operating fishing operations in Indonesian seas without SIPI. The issue is how the Ministry of Maritime Affairs and Fisheries is authorized to enforce SIPI for foreign-flagged vessels conducting fishing operations in Indonesian waters, as well as how the Ministry is authorized to enforce SIPI for foreign-flagged vessels lacking SIPI, according to Court Decision No. 10/Pid.Sus/2018/Pn Tpg. The Ministry of Maritime Affairs and Fisheries will issue SIPI directives to the Director General of Fisheries for foreign-flagged vessels fishing in Indonesian seas. In this work, normative research methods, qualitative secondary data, and the Ministry of Maritime's authority were used. The finding is that the defendant lacks a license to engage in fishing activities in Indonesian waters and that the Minister entrusted to the Director General of Fisheries the authority to issue SIPI and amend Law No. 31 of 2004 concerning Fisheries.]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM TINDAK PIDANA PENGANIAYAAN DIRENCANAKAN YANG MENGAKIBATKAN LUKA BERAT ]]>
<![CDATA[Muhammad Fadhiil Yashendra]]>;
<![CDATA[Ermania widjajanti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16501
<![CDATA[In case number 94/Pid.B/2021/PN. Prn, the defendant severely abused the victim by swinging a machete and striking her in the neck once and in the back twice. As a result, the witness Rabadi was injured and bleeding, and the victim was unable to perform any tasks. The formulation of the issue is how the judge weighs various factors when rendering a decision regarding those who commit the crime of persecution intended by Article 351 paragraph (2) of the Criminal Code (Decision No. 94/Pid.B/2021/PN Prn) and whether the perpetrator's actions are in compliance with that provision. The research methodology makes use of secondary data, normative research designs, and analytical descriptive research. According to the findings of the study and discussion, the defendant was established to have committed significant abuse, which was supported by the witness's statement and intention as well as the Visum Et Repertum letter. The defendant planned her acts, as there was a deadline and he had to prepare everything. Conclusion: The defendant's actions satisfied Article 351 paragraph (2) of the Criminal Code, but they were improper in relation to that fulfillment because Article 353 paragraph (2): Criminal Code included a planning element, specifically serious maltreatment with a plan.]]>
<![CDATA[- Perbandingan Melampirkan Video Unboxing Klaim Ganti Kerugian Di Indonesia Dan Korea Selatan: - ]]>
<![CDATA[Klaura Dwi Kinasih]]>;
<![CDATA[Dian Purnamasari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16756
<![CDATA[In Indonesia, many of consumers receive goods not in accordance with what was promised. This is the basis for submitting compensation claims in Indonesian marketplace, there is an obligation to attach video unboxing. Unlike South Korea, the marketplace does not require an unboxing video to be attached for compensation claims. The problem raise is how the difference is in the implementation of the need for video unboxing for compensation claims submitted by consumers in Indonesia and South Korea. The research method is carried out normatively, using secondary data supplemented by interview results. The results of this research, discussion and conclusion show that consumers in Indonesia have an obligation to attach video unboxing for compensation claims, in contrast to consumers in South Korea who have no obligation to attach video unboxing for compensation claims.]]>
<![CDATA[- KEWENANGAN BADAN PENGAWAS PEMILIHAN UMUM DAERAH KABUPATEN TASlKMALAYA DALAM MEMUTUSKAN PELANGGARAN PEMlLlHAN KEPALA DAERAH DI KABUPATEN TASlKMALAYA: - ]]>
<![CDATA[Yoga Adam Pratama]]>;
<![CDATA[Ninuk Wijiningsih]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16757
<![CDATA[Starting with a report Dr. Iwan Saputra, S.E., M.Sc., candidate for Regent of Tasikmalaya Regency, submitted to the Tasikmalaya Regency Bawaslu regarding alleged administrative violations of Article 71 paragraph (3) of Law No. 10 Year 2016, which were allegedly committed by H. Ade Sugianto as the candidate for the incumbent Regent. The Tasikmalaya Regency Bawaslu reviewed the report and issued The issue at hand is whether the Tasikmalaya Regency Bawaslu Number 046/K.Bawaslu.JB-18/PM.00.02/XII/2020 recommendation letter complies with Law Number 10 of 2016 or not. Does Tasikmalaya Regency KPU Decision Number 531/PY.02.1-BA/3206/KAB/I/2021 follow the advice of the Tasikmalaya Regency Bawaslu? The deductive technique is used to draw conclusions in the normative juridical research method, which is a descriptive-analytical approach. The findings of the study and discussion demonstrate that the Tasikmalaya Regency Bawaslu Number 046/K.Bawaslu.JB-18/PM.00.02/XII/2020 recommendation letter violated authority in terms of time (onbevoegdheid ratione temporis), which is contrary to Article 5 of Law Number 1 of 2015. The recommendations made by Bawaslu are not in compliance with processes (formal faults) for handling election administration infractions, therefore the Tasikmalaya Regency KPU letter Number 531/PY.02.1-BA/3206/KAB/I/2021 conforms with legal requirements.]]>
<![CDATA[- TINDAK PIDANA MENYEBARKAN BERITA BOHONG MERUGIKAN KONSUMEN DALAM TRANSAKSI ELEKTRONIK SECARA BERSAMA-SAMA: - ]]>
<![CDATA[Muhammad Daffa Zacky Parnanda]]>;
<![CDATA[Vience Ratna Multiwijaya]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16758
<![CDATA[By setting up fake virtual accounts using a BCA account in the name of Michael Lisardo, the defendant allowed Sunandar to send fictitious bills to consumers where the defendant worked on behalf of Michael Lisardo and Sunandar, who were fired from an online lending company. The funds are then utilised for individual advantage. The issue's description is as follows: Does the defendant's behavior fall within the parameters of Article 28 Paragraph (1) and Article 45 Paragraph (2) of Law No. 19 of 2016, which amended Law No. 11 of 2008, and how those who commit TP crimes spread false and misleading information during electronic transactions at the expense of all consumers? Two types of data are used in the research method: primary and secondary employing inductive reasoning and qualitative methods. The findings of the investigation and discussions revealed that the defendant's activities did not comport with the judgment that had been rendered against him. The study's findings suggest that since the punishment that was imposed not proper for the defendant's conduct, investigators should exercise greater caution when determining the defendant's punishments. This will help establish the principle of legal certainty and allow the defendant to pursue legal remedies.]]>
<![CDATA[PERLINDUNGAN HUKUM HAK PATEN ALAT STERILISASI UNTUK PENGOLAHAN TANDAN-TANDAN KELAPA SAWIT ]]>
<![CDATA[Maulana Rizki Nov]]>;
<![CDATA[Simona Bustani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16789
<![CDATA[The patent holder is the party who gets the exclusive right and the person who gets the exclusive right from the inventor. In the case between FWT and PT. SKL and PT. PKBR in the FWT case owned a patent for a palm oil sterilization tool, but PT.SKL and PT.PKBR used the patent without permission, in Court Decision 46/Pdt.Sus-Paten/2020/PNNiagaJkt.Pst. the judge rejected the exception of PT. SKL and PT. PKBR and in the main case rejected FWT's lawsuit against the lawsuit filed. Formulation of the problem: how is the legal protection for the patent holder of the invention? This article is a normative legal research, descriptive, using secondary data, qualitative data analysis, deductive conclusion. The results of the research, discussion and conclusion are that the judge's decision is not in accordance with the time of the incident, that the judge's decision declaring the plaintiff's convention lawsuit rejected does not provide a sense of legal protection for the plaintiff. So that the legal protection of patents for sterilizers for processing oil palm bunches and similar fruits in court decisions does not reflect the mandate of Law 13/2016.]]>
<![CDATA[A PERBANDINGAN HUKUM TENTANG MAHKAMAH KONSTITUSI INDONESIA DENGAN MAHKAMAH KONSTITUSI BELGIA ]]>
<![CDATA[Haryokusumo Nugroho Putro]]>;
<![CDATA[Ferry Edwar]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16817
<![CDATA[The concept of testing norms through a judicial institution is known as a judicial review. The doctrine of Judicial review differs from country to country. The development of judicial review in Belgium has almost the same as in Indonesia. The problem is what are the differences and similarities Judicial review by the Constitutional Court of the Indonesia and Constitutional Arbitrage in Belgium? What are the advantages/disadvantages of Judicial review by the Constitutional Court of the Republic of Indonesia and Constitutional Arbitrage in Belgium? The results of the study show that the application of judicial review by the Constitutional Court in Indonesia and in Belgium has similarities as well as differences. The advantages and disadvantages between the Judicial review by the Constitutional Court of the Republic of Indonesia and Constitutional Arbitrage in Belgium, can be used as material for evaluating the judicial review system in the Republic of Indonesia in order to create a better legal system and provide benefits to society. Discussion and conclusion that the Similarities and Differences of judicial review in Indonesia and Belgium are institutions authorized to carry out judicial reviews; Authority examines Government actions; Submission of judicial review. The advantage of judicial review is that there is no interference from other parties such as the Court, the Government or the People's Representative Council. Lack of judicial review, there are two judicial institutions that have the authority to handle judicial.]]>
