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<![CDATA[TINJAUAN YURIDIS PERIZINAN BERUSAHA PERIKANAN TANGKAP OLEH NELAYAN DI PELABUHAN KARANGANTU ]]>
<![CDATA[Annisa Nur Aliza]]>;
<![CDATA[Endang Pandamdari]]>
<![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.v4i2.13604
<![CDATA[In the capture fisheries business, the government has issued regulations regarding Business Licensing, but in reality many fishing communities still do not comply with these regulations. The formulation of the problem of this research is whether the Business Permit by Fishermen with a Vessel Weight of 1 GT-30 GT at the Karangantu Archipelago Fishing Port is in accordance with the Law on Fisheries and What are the obstacles encountered in Permits for Capture Fisheries at the Karangantu Archipelago Fishing Port and what are the legal settlements. Types of Normative Legal Research, Descriptive Nature of Research, using Secondary research data, Qualitative data analysis, and conclusions drawn using deductive logic. Based on the results of the research, it proved that 10 fishing communities in the Karangantu Archipelago Fishing Port did not comply with the laws and regulations regarding Business Licensing. Obstacles faced not only from the fishermen, namely the lack of understanding of business licensing regulations, besides that from the government there are obstacles, namely still using the old regulations. The advice given is that law enforcement must be enforced in accordance with existing regulations and the government must provide education and counseling to fishing communities regarding business licensinh.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP WARGA NEGARA ASING YANG MENYALAHGUNAKAN IZIN KEIMIGRASIAN YANG SAH ]]>
<![CDATA[Fernando Yongky Ambat]]>;
<![CDATA[Tri Sulistyowati]]>
<![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.v4i2.13605
<![CDATA[Every foreigner who enters Indonesian territory must have an immigration permit. Immigration permits for foreign nationals are issued by Immigration Officials based on the results of examinations on foreigners who will enter Indonesian territory through the Immigration Checkpoints (TPI), people who abuse immigration permits are included in immigration violations as happened in the case of the Sukabumi District Court Decision Number 98/Pid.Sus/2021. The problems are how did the immigration crime by Echendu Michael Chinda occur in Indonesia, and whether law enforcement for the immigration crime committed by Echendu Michael Chinda was in accordance with Law-No. 6 of 2011 concerning immigration. The answers to the two main issues above are obtained in a juridical-normative manner which is descriptive in nature based on secondary data which is analyzed qualitatively by drawing conclusions using deductive logic.]]>
<![CDATA[ANALISIS GRONDKAART MILIK PT. KAI (PERSERO) SEBAGAI BUKTI KEPEMILIKAN HAK ATAS TANAH ]]>
<![CDATA[Virgia Intansari]]>;
<![CDATA[Irene Eka Sihombing]]>
<![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.v4i2.13606
<![CDATA[In the Kebon Kelapa Village, in Central Jakarta, there has been a Dispute of Overlapping Land Rights in which a Certificate of Building Use Rights has been issued on the same plot of land over the state asset land whose control has been granted to PT KAI (Persero) which is still in the form of a Grondkaart or land map. Grondkaart is proof of the inheritance of the Dutch East Indies railway assets which were inherited by PT KAI (Persero). This situation prompted the author to find out the status of the land owned by PT KAI (persero) before the enactment of Law Number 5 of 1960 concerning Basic Agrarian Principles and the considerations of the Bandung High Court Judge Number 209/PDT/2019/PT.BDG regarding the legal power of grondkaart PT KAI (persero) as proof of ownership land according to the Agrarian Law. This article uses normative and secondary data, conclusions were drawn using deductive logic methods. The conclusion from the Juridical Analysis is that the status of Grondkaart before the issuance of the UUPA was State Land, and with the publication of the UUPA, Grondkaart should have been converted into a Right to Use by carrying out the Land Registration procedure.]]>
<![CDATA[KAJIAN MASALAH PRE-PROJECT SELLING APARTEMEN THE ASPEN PEAK RESIDENCE (PUTUSAN NO. 390/PDT.G/2017/PN.JKT.SEL) ]]>
<![CDATA[Sarah Anissa Rahmayanti]]>;
<![CDATA[Anda Setiawati]]>
<![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.v4i2.13608
<![CDATA[The practice of pre-project selling is widely used by development actors by being tied to the PPJB. However, problems arose, especially PPJB violations which led to lawsuits in court. In this study, the authors question whether the pre-project selling that is bound by the PPJB is in accordance with the applicable legal provisions and whether the judge's considerations in decision No. 390/Pdt.G/2017/PN.Jkt.Sel which stated that the default developer was correct. To answer these problems, research was carried out using normative juridical research types based on secondary data and the nature of the research was analytical descriptive with inductive conclusions drawn. From the analysis that has been carried out, the results of the research show that there is a discrepancy between the pre-project selling of The Aspen Peak Residence Apartment and the requirements of Articles 42 and 43 of the UURS, especially the conditions for certainty over land rights and matters agreed upon. Then the judge's decision stating that the developer was in default, the decision was correct because the developer was proven to have committed a default or violated the obligation to hand over two units of The Aspen Peak Residence Apartment.]]>
<![CDATA[GUGATAN PERBUATAN MELAWAN HUKUM PENGADILAN HUBUNGAN INDUSTRIAL BENGKULU (PUTUSAN NOMOR 6/PDT.SUS-PHI.2020/PN BGL) ]]>
<![CDATA[Hartanto Wibowo]]>;
<![CDATA[Andari Yurikosari]]>
<![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.v4i2.13609
<![CDATA[The Industrial Relations Court is not authorized to examine and decide on other cases but Supreme Court Circular Number 3 of 2018 adds a little bit regarding the instructions that apply within the Supreme Court and below, namely the Industrial Relations Court can examine and decide on lawsuits for unlawful acts. The problems: how is the argument for the lawsuit against the law based on the judge's consideration in deciding the rights dispute between Ufa Fachrulrozy and PT Julang Oca Permana based on statutory regulations and what are the legal consequences for the judgment of the judge who rejects the argument for an unlawful act as an authority in the industrial relations court? This article uses synchronization normative legal, using secondary data and primary data, analyzed qualitatively, and concluded logically deductively. In conclusion, the results of the study show that the panel of judges in Decision Number: 6/Pdt.sus-PHI/2020/PN Bgl is more inclined to use the Law than the Supreme Court Circular Letter and the legal consequence is that the plaintiff is harmed and the plaintiff can submit a legal remedy in the form of cassation.]]>
<![CDATA[PENDAFTARAN TANAH SISTEMATIS LENGKAP DI DESA BAWURAN, KECAMATAN PLERET, KABUPATEN BANTUL, YOGYAKARTA ]]>
<![CDATA[Naufal Tsaqif Wahidhadi]]>;
<![CDATA[Listyowati Sumanto]]>
<![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.v4i2.13610
<![CDATA[Complete Systematic Land Registration is a land registration activity for the first time that is carried out simultaneously for all land registration objects in one village/kelurahan area, which includes the collection of physical data and juridical data regarding one or several land registration objects for the purpose of registration. The formulation of the problem is whether land registration through the Complete Systematic Land Registration program in Bawuran Village, Pleret District, Bantul Regency, Special Region of Yogyakarta complies with the provisions of the Minister of Agrarian Affairs and Spatial Planning Number 6 of 2018 concerning Complete Systematic Land Registration. The research uses normative juridical research type, is descriptive in nature, and uses primary and secondary data, the results of the research are analyzed qualitatively and conclusions are drawn using a deductive mindset. In conclusion, the implementation of the Complete Systematic Land Registration Program in Bawuran Village, Pleret District, Bantul Regency has been carried out in accordance with the provisions of the Minister of Agrarian Affairs and Spatial Planning Number 6 of 2018 concerning Complete Systematic Land Registration.]]>
<![CDATA[PERLINDUNGAN KONSUMEN PERUMAHAN DALAM JUAL BELI RUMAH DENGAN SISTEM PRE PROJECT SELLING ]]>
<![CDATA[Jhon Haward Hutagaol]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![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.v4i2.13611
<![CDATA[Developers make more sales using the pre-project selling system, in which developers start selling before the project is built, where the properties being sold are still new in the form of images or concepts, but in the course of transactions with the system, many consumer rights are violated by business actors. Based on this, the author discusses the problem of consumer rights being violated and efforts to restore Darwin's consumer rights based on Supreme Court Decision Number 653 K/Pdt.Sus-BPSK/2021. This article uses normative research, using secondary, primary legal, and tertiary legal materials. The author concludes that there is a discrepancy in the transaction between Darwin and PT Buana Cipta Propertindo, thereby violating consumer rights as stated in Law number 8 of 1999 concerning Consumer Protection and laws and regulations in the housing sector. The author also considers that the Supreme Court Decision which annulled BPSK and Batam District Court decisions does not support efforts to restore consumer rights and does not accommodate the Consumer Protection Act because BPSK should have the ability and authority to examine the dispute between Darwin and PT Buana Cipta Propertindo based on an agreement.]]>
<![CDATA[SARUSUN BERDASARKAN PPJB DENGAN PELAKU PEMBANGUNAN (STUDI PUTUSAN NOMOR 91/PDT/2020/PT YYK) ]]>
<![CDATA[Wiwin Sumartini]]>;
<![CDATA[Endang Pandamdari]]>
<![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.v4i2.13612
<![CDATA[Actors in the construction of flats can sell to buyers by marketing them first through the Binding Sale and Purchase Agreement (PPJB) system. In practice, development actors often do not comply with or violate the agreement of what was agreed in the PPJB. According to Law Number 20 of 2011 concerning Flats and what are the legal consequences of the Yogyakarta High Court decision Number 91/PDT/2020/PT YYK on control of flats based on PPJB, a study using normative juridical methods, the nature of the research is descriptive then the data used is secondary data, data analysis is done by qualitative analysis and conclusions are done deductively. This research resulted in an answer to the formulation of the problem, that is, to transfer ownership rights to an apartment unit, it must be carried out through a sale and purchase deed as the basis for the transfer of HMSRS in accordance with article 44 paragraph (1) of the Flats Law. The legal consequence of the Yogyakarta High Court Decision Number 91/PDT/2020 PT YYK is that the ownership rights to the Flats have not transferred ownership to the buyer.]]>
<![CDATA[PERLINDUNGAN KONSUMEN PENGGUNA JALAN TOL JAKARTA-CIKAMPEK TERKAIT BANJIR PADA TAHUN 2021 ]]>
<![CDATA[Chika Pratiwi]]>;
<![CDATA[Siti Nurbaiti]]>
<![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.v4i2.13613
<![CDATA[Toll roads are public roads that are free of obstacles, but can also cause problems in the event of a flood, such as that occurred on the Jakarta-Cikampek Toll Road Jatibening in February 2021. What is the legal protection for consumers using the Jakarta-Cikampek toll road relating to the flooding and what are the responsibilities of the Jakarta-Cikampek Toll Road Manager on the toll road section? The research method used is a normative research method that is descriptive in nature using secondary data and primary data as supporting data. The research analysis was carried out qualitatively with deductive conclusions drawn. The results of the study illustrate that it does not provide legal protection for consumers using the Jakarta-Cikampek toll road for the Jatibening toll road during the floods that occur in 2021, because the consumer's rights in the form of the convenience of passing the toll road are not fulfilled and the Jakarta-Cikampek toll road manager for the Jatibening toll road does not provide compensation loss to toll road users against flooding, by taking cover behind force majeure reasons, even though preventing flooding on toll roads is the responsibility of toll road managers in implementing Minimum Service Standards.]]>
<![CDATA[HAK PEGAWAI NEGERI SIPIL YANG TERPIDANA KORUPSI (Studi Putusan PTUN Nomor 146/G/2019/PTUN-MDN) ]]>
<![CDATA[Graceia Vidya Delphia]]>;
<![CDATA[Andari Yurikosari]]>
<![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.v4i2.13614
<![CDATA[A Civil Servant, starting work as a Civil Servant Candidate in Central Tapanuli City, sued the Regent's Decree Number 2391/BKD/2018. After serving time in prison, the Plaintiff is still active again and receives a salary as a Civil Servant. normative juridical research, which is a descriptive analysis using secondary data which is analyzed qualitatively with a deductive method as a conclusion, based on the analysis carried out and it is concluded that 1) The basis uses article 87 paragraph 2 letter b of Law no. 5 of 2014 concerning ASN, the plaintiff must be dismissed as a Civil Servant 2) Based on Article 275 of Government Regulation Number 11 of 2017 concerning Management of State Civil Apparatuses for Civil Servants which has been proven convincing and valid through a Court Decision. Corruption Crimes need to be dishonorably discharged according to the President's procedures.]]>
