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Narita Adityaningrum
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INDONESIA
Reformasi Hukum Trisakti
Published by Universitas Trisakti
ISSN : -     EISSN : 2657182X     DOI : https://doi.org/10.25105/refor
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law International Law Labour Law Family Law Land Law Constitutional Law Criminal Law Etc
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 1,070 Documents
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PROSES PEMBERIAN ROYALTI KEPADA AHLI WARIS (PAPA T BOB) BERDASARKAN UNDANG-UNDANG HAK CIPTA Adelia Permatasari; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13855

Abstract

Copyright is one of the rights of Intellectual Property Rights. Music/song is one of the works that is protected by copyright. In 2020, a children's songwriter named Papa T Bob died. The mechanism for awarding royalties for a creator who has died is still not clearly explained in Law Number 28 of 2014 concerning Copyright. Because of this, a problem arises in this material, whether the heirs need to be involved when the copyrighted work is used by other people and what is the process for awarding royalties to the heirs of the songwriters (Papa T Bob) based on Law Number 28 of 2014 concerning Copyright. The research method in this study uses normative methods, the nature of the research is descriptive-analytic with qualitative data analysis and draws conclusions using the deductive method. The results of the study illustrate that an heir needs to be involved if the copyrighted work is used for economic interests based on article 16 paragraph 2 of the Copyright Law, and the procedure for granting royalties based on the Copyright Law is carried out through the Collective Management Institution (article 87), which will be distributed to the respective copyright holders.
MASALAH KETERLAMBATAN PENANDATANGAN AJB DAN PENYERAHAN UNIT APARTEMEN REGATTA (STUDI PUTUSAN NO. 573/PDT.G/2020/PN JKT.UTR) Sheira Maghfira Maulani Utami; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13856

Abstract

Marketing of flats before the construction is completed is done by many developers. Generally, marketing is preceded by a legal bond as outlined in the PPJB. In practice, many problems occur where developers do not fulfill their obligations as stated in the PPJB and as a result prospective buyers file a default lawsuit to the court. The formulation of the problem regarding whether the default lawsuit filed by prospective buyers of the Regatta Apartment is in accordance with applicable legal provisions and whether the judge's consideration in Decision No. 573/Pdt.G/2020/PN Jkt.Utr is in accordance with the provisions of the law. Normative juridical research method which is descriptive analytical and the conclusion is drawn inductively, secondary data (library data) only. The results of the research, discussion and conclusion are that the default lawsuit filed by the prospective buyer is appropriate because the developer's actions that violate Article 5.1 of the PPJB include acts of default. For the consideration of the judge who stated that the developer was in default in accordance with the provisions of the law because the developer was proven not to have carried out his obligations to make AJB in front of PPAT and to deliver Regatta apartment units to prospective buyers.
PERLINDUNGAN HAK CIPTA TERHADAP SKETSA DAN PATUNG “TUGU SELAMAT DATANG” BERDASARKAN UUHC Yunita Afianti; Irene Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i3.13874

Abstract

Decision Number 35/Pdt.Sus-Copyright/2020/PN Niaga Jkt.Pst is a lawsuit for compensation due to the use and registration of the Grand Indonesia Mall Logo mark which is in the form of a silhouette like a sketch/welcome monument statue. The problem in this material is how to protect the copyright for the welcome monument sketch and statue based on Law Number 28 of 2014 concerning Copyright, and whether Decision Number 35/Pdt.Sus-Copyright/2020/PN Niaga Jkt.Pst is appropriate with statutory regulations. The research method is descriptive analysis, through literature studies and interviews to understand, the data is analyzed qualitatively, by drawing conclusions with a deductive mindset. The conclusions that can be drawn are Article 34 and its explanation and Article 35 along with the explanation of Article 35 paragraph (1) of the Copyright Law which regulates the existence of copyright protection due to a work/official relationship made under the leadership of the designer of the work, therefore the sketch and statue of the welcome monument protected by the Copyright Act, and Decision Number 35/Pdt.Sus-Copyright/2020/PN Niaga Jkt.Pst not in accordance with statutory regulations because the sketch and statue of the welcome monument were made in the context of official relations.
PRINSIP ITIKAD BAIK DALAM GANTI KERUGIAN OLEH PENANGGUNG KEPADA TERTANGGUNG Gunita Nindya; Siti Nurbaiti
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14095

Abstract

One kind of loss insurance is motor vehicle insurance. It frequently results in issues with its application, namely those with the application of the good faith principle, as in Criminal Code Article 251. discussions like the one that took place between the insured and PT Asuransi Astra Buana. Problem Statement: Based on the Commercial Code, how is the arrangement regarding the principle of good faith applied to the compensation given to the insured by PT Asuransi Astra Buana, and whether the insured party's actions constitute a breach of the principle of good faith? The study's methodology is descriptive in character and falls under the category of normative legal research. Secondary data is qualitatively examined by deductively drawing conclusions. The research findings, discussion, and conclusion that the arrangement of the good faith principle contained in Article 251 of the Criminal Code contains weaknesses because it is only addressed to the insured, so the insurer does not pay compensation to the insured on the grounds that the insured violates the good faith principle, and the actions taken by the insured do not violate the principle good faith, as stipulated in Article 251 of the Criminal Code.
PELANGGARAN HAK PEREMPUAN DI AFGHANISTAN SELAMA KEKUASAAN REZIM TALIBAN BERDASARKAN KONVENSI CEDAW Tsabitah Rizqi Ekanoviarini; Aji Wibowo
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14097

Abstract

Much debate erupted over the Taliban's return to Afghanistan, particularly in relation to women's human rights. Afghanistan becomes legally obligated by CEDAW after ratifying it, and as a result, must carry out the conditions outlined in its domestic laws and regulations. In actuality, the Taliban rule continues to violate human rights, notably by restricting the rights of women. The CEDAW Convention serves as the foundation for Afghanistan's state responsibility for violations of women's rights in Afghanistan, and this legal academic study addresses many human rights violations against women in Afghanistan under the Taliban government. Use of secondary data gathered through secondary sources has made this research, which is descriptive in character and normative in nature, the data is processed qualitatively and conclusions are drawn using deductive logic. The results of the research, discussion and conclusions of this research are that the state of Afghanistan is considered to have violated international treaties and Afghanistan as a state must be held accountable for the actions that have been carried out by its state organs.
TINJAUAN IZIN PENGUSAHAAN SUMBER DAYA AIR KEMENTERIAN PUPR KEPADA PDAM KOTA MALANG. Jasmine Sabina Marsheryne; Sri Untari Indah Artati
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14099

Abstract

Every use of water must have a permit, as stated in Article 44, Paragraph 1, of Law No. 17 of 2019 Concerning Water Resources (SDA). The process for obtaining a permit to use natural resources is also outlined in the Minister of PUPR's Regulation No. 01/PRT/M/2016. What are the legal repercussions of the Ministry of PUPR issuing water resources exploitation permits to PDAM Malang City, and is the granting of water resources exploitation permits to PDAM Malang City issued by the PUPR Ministry in accordance with applicable regulations? Research is being done using a normative legal approach. descriptive research's structure, data collection methods, and literature analysis. digesting data, analyzing it qualitatively, and making deductions. The study's findings, analysis, and conclusion are as follows: issuing permits for the exploitation of natural resources to PDAM Malang is not appropriate due to their disregard for the procedures outlined in Law No. 32 of 2009 UUPPLH, Law No. 11 of 2020 concerning Job Creation, and Minister of PUPR Regulation Article 24 paragraph (1) letter l, as well as the potential legal repercussions of issuing these permits in the form of a conflict over the management of natural resources.
ANALISIS PELEPASAN HAK GUNA BANGUNAN DAN KUASA EKS KOBA TIN Ara Hasna Khairunnisa; Meta Indah Budhianti
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14100

Abstract

If the term of building use rights over state property expires and is not renewed, the property is returned to the state no later than one year later in a vacant state. However, PT Koba Tin has released rights and powers, including priority rights relating to building use rights 14 years after the rights expired, despite the fact that it has not seen any regulations regarding this topic being executed. The issue is formulated as follows: Is the transfer of the former PT Koba Tin's building use rights to the Regional Government in compliance with the relevant provisions, and does PT Koba Tin have the authority to transfer rights and powers connected to building use rights to the Regional Government? Normative research techniques, descriptive writing's characteristics, secondary data, data analysis techniques using a qualitative methodology, and deductive reasoning conclusions. The study's findings, analysis, and conclusion indicate that PT Koba Tin has not complied with the requirements of PP No. 40 of 1996, which call for giving up vacant land within a year. However, if PT Koba Tin has already reached an agreement with the regional government that no must to make reference to this clause; the surrender of rights and powers can still be carried out.
TINJAUAN YURIDIS SAHNYA JUAL BELI ATAS SEBIDANG TANAH YANG BELUM DIBAGI WARIS Karmila Amalia Pesa; Endang Pandamdari
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14101

Abstract

Every country's territory or land is a valuable resource. Problem formulation: Under Muara Bulian Court Decision No. 11/Pdt.G/2019/PN, how will legally sell land that has previously been bagged by Waris and how much will the judge's considerations be in compliance with valid legal requirements? A desk-style writing script that is based on second-by-second data is used in the writing process, which is a sort of juridical normative writing. Survey results are objectively assessed and used to support important conclusions with strong reasons. According to the investigation's findings, defendants I and II engaged in a transaction to buy and sell a plot of land, but because this transaction involved the sale of a plot of land, it was not legal transaction; none of the heirs responsible for the inheritance made any requests.
TINJAUAN YURIDIS PENEGAKAN HUKUM WARGA NEGARA ASING DALAM PEMALSUAN DOKUMEN (PUTUSAN: 158/PID.SUS/2021/PT.KWG) Stefanus Ricman Simanjuntak; Tri Sulityowati
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14102

Abstract

In contravention of the law, Chandra Sat Pal, the defendant, faked immigration documents as a foreign citizen. Immigration offences as defined in Article 128 letters a and b of Law Number 6 of 2011 Concerning Immigration were among the infractions committed by the Defendant. The issue is how to prosecute foreign nationals who fabricate immigration documents and if the Karawang District Court's ruling in Case No. 158/Pid.Sus/2021 complies with legal requirements. The answer to this topic will be obtained by normative legal research, which has the characteristics of descriptive analysis utilizing secondary data, followed by qualitative analysis with a deductive method as a conclusion. Regarding cases that occurred in law enforcement, there were several articles concerning the consequences of the defendant's actions including Article 121 letter a, Article 128 letters a and b, and Article 130 of the Immigration Law. According to the author, the sentence imposed on Chandra Sat Pal is still not strict, because the implementation of the imposition of charges requested by the Prosecutor is still not comparable to the violations committed by the defendant. Therefore, the defendant should receive a punishment commensurate with the actions that have been committed by the defendant.
GANTI KERUGIAN OBJEK PENGADAAN TANAH WARGA SUMBERJAYA UNTUK PEMBANGUNAN TOL CIBITUNG CILINCING Putri Viryal Dewi; Intan Nevia Cahyana
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14103

Abstract

In the land acquisition process, compensation is an appropriate and reasonable recompense to the rightful party. However, it was discovered during the implementation phase that various residents had disputed land ownership, making it unclear which party was entitled to pay. The issue at hand concerns whether the payment of compensation for land acquisition objects for Sumberjaya residents in the Bekasi district complies with Law No. 2 of 2012, as well as what barriers exist to compensation and how the land acquisition committee is attempting to resolve them. The research is normative legal research, and because it is descriptive analytical in character, primary and secondary data were used. The study used deductive reasoning to conduct its qualitative investigation. According to research, Law No. 2 of 2012 requires compensation for land acquisition items, but there were issues with its implementation. The supply of compensation for land acquisition objects, namely land conflicts, is stated to be in compliance with Law No. 2 of 2012, and despite the challenges faced, settlement efforts are being undertaken by the land acquisition committee.

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