Jurnal De Lege Ferenda Trisakti
Jurnal De Lege Ferenda Trisakti diterbitkan dan dikelola oleh Program Studi Doktor Ilmu Hukum Fakultas Hukum Universitas Trisakti merupakan salah satu media ilmiah dengan tujuan untuk mendorong, meningkatkan jumlah Penelitian dan publikasi tulisan-tulisan baik dari dosen, mahasiswa di lingkup Fakultas Hukum Universitas Trisakti dan masyarakat hukum pada umumnya. Selain itu berkontribusi melalui ide atau pemikiran alternatif yang berkenaan dengan perkembangan ilmu hukum dan penerapannya serta mendiseminasikan, mendokumentasikan gagasan-gagasan alternatif dari masyarakat ilmiah tentang pembaruan hukum di Indonesia. Jurnal De Lege Ferenda Trisakti mengedepankan karya ilmiah di bidang hukum yang meliputi: hasil penelitian hukum di bidang hukum, kajian teori hukum di bidang hukum, studi kepustakaan di bidang hukum, analisa / tinjauan putusan lembaga peradilan. Jurnal ini adalah jurnal online peer-review dengan akses terbuka yang terbit 2 kali dalam satu tahun pada setiap Maret dan September. Penulis dapat mendaftar secara daring pada laman dan tidak memungut biaya apapun dari proses pendaftaran.
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36 Documents
<![CDATA[TANGGUNG JAWAB HUKUM DIREKSI PERSEROAN TERBATAS TERBUKA PADA MEKANISME PELAKSANAAN RUPS SECARA ELEKTRONIK BERDASARKAN POJK 15 TAHUN 2020 ]]>
<![CDATA[Haerani, Ida]]>
<![CDATA[ Jurnal De Lege Ferenda Trisakti Volume 2, Nomor 2, September 2024 ]]>
Publisher : <![CDATA[Universitas Trisakti ]]>
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DOI: 10.25105/ferenda.v2i2.21522
<![CDATA[research discusses the legal responsibilities of directors in conducting electronic General Meetings of Shareholders (GMS) in Public Limited Companies (PT Terbuka), based on Financial Services Authority (OJK) Regulations Number 15 and 16 of 2020. These regulations were issued to facilitate the digital transformation of corporate governance, particularly during the COVID-19 pandemic. The directors are responsible for ensuring that the GMS is conducted in compliance with applicable legal provisions, including the electronic submission of meeting agendas, announcements, and shareholder invitations. This study aims to analyze how these OJK regulations affect the obligations and responsibilities of directors in conducting electronic GMS, as well as the legal implications if the directors fail to fulfill their obligations. The research employs a juridical-empirical method by collecting primary data through interviews and direct observations, along with secondary data from literature reviews. The results show that OJK Regulations 15 and 16 of 2020 have significantly altered the GMS procedures, imposing legal consequences on directors in Indonesia's capital markets]]>
<![CDATA[KAJIAN AWAL KEDUDUKAN OMNIBUS LAW DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA ]]>
<![CDATA[DR, Muhammad Rusydi]]>;
<![CDATA[Said, Muhtar]]>
<![CDATA[ Jurnal De Lege Ferenda Trisakti Volume 2, Nomor 1, Maret 2024 ]]>
Publisher : <![CDATA[Universitas Trisakti ]]>
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DOI: 10.25105/ferenda.v2i1.18933
<![CDATA[As a state of law, Indonesia, which adheres to the Civil Law system, actually makes omnibus law which is a legal system of Common Law. The omnibus law is considered to be the answer to the overlapping of all existing laws and regulations in Indonesia. Omnibus Law if it is associated with the Legal System in Indonesia is contrary to the system that has been applied in Indonesia. There are 7 factions that agree and 2 factions that reject the discussion of the Omnibus Law Bill. In the process, Article 5 of Law No. 12 of 2011 and Law No. 15 of 2019 contains the principle of the formation of legislation, one of the problems in the formation of the Omnibus Law Bill is the principle of openness. This is because there are various indications, including the exclusion of groups related to or having an impact on this Omnibus Law Bill. There was also a member of the DPR who was supposed to be one of the working committees (Panja) to discuss the Omnibus Law Bill which was not involved because there was no notification. There is also a difference in the number of pages in the Omnibus Law Bill. In the regulations, referring to Law Number 12 of 2011 and Law Number 15 of 2019 concerning changes to the Formation of Laws, there are no clear norms and explanations regarding the Omnibus law process both in forming laws and revising laws. The absence of a legal basis for the formation of this omnibus law rules out the legitimacy of a law. Thus the position of Omnibus Law in Indonesia is not in accordance with the existing legal system in Indonesia, especially related to the Indonesian legal system (Civil Law) and Law Number 12 of 2011 and Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Establishment of Legislation.]]>
<![CDATA[DISKURSUS HAK EKSKLUSIF INDIKASI GEOGRAFIS ATAS PENGHAPUSAN MEREK TERDAFTAR DALAM PERLINDUNGAN HUKUM HAK KEKAYAAN INTELEKTUAL ]]>
<![CDATA[Telaumbanua, Kurniaman]]>;
<![CDATA[Pandamdari, Endang]]>
<![CDATA[ Jurnal De Lege Ferenda Trisakti Volume 2, Nomor 1, Maret 2024 ]]>
Publisher : <![CDATA[Universitas Trisakti ]]>
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DOI: 10.25105/ferenda.v2i1.19698
<![CDATA[Both trademarks and geographical indications are legal instruments that govern market communication about a product. Trademarks indicate the commercial origin of goods or services, while geographical indications signify geographical origin. Both also legally provide exclusive rights to use certain words or symbols. This research finds that trademarks and geographical indications are unique, non-interchangeable tools, and it is possible for legislation to protect both simultaneously; therefore, they are not in conflict but rather seen as harmonious tools. Specifically, in the implementation of laws in Indonesia, the implementation of Geographical Indications (GI) is given a higher status than that of registered trademarks. Explicitly, the Law of the Republic of Indonesia Number 20 of 2016 on Trademarks and Geographical Indications, Article 72 paragraph (7), governs the removal of registered trademarks at the initiative, one of which is based on having similarity in essence and/or in entirety with a Geographical Indication. Therefore, it is necessary to develop legal formulations that can accommodate both trademark and geographical indication holders because both possess exclusive rights.]]>
<![CDATA[KEWAJIBAN MEMFASILITASI PEMBANGUNAN KEBUN MASYARAKAT OLEH PERUSAHAAN PERKEBUNAN KELAPA SAWIT PASCA BERLAKUNYA UNDANG-UNDANG CIPTA KERJA ]]>
<![CDATA[Shevy, Muhammad]]>
<![CDATA[ Jurnal De Lege Ferenda Trisakti Volume 2, Nomor 1, Maret 2024 ]]>
Publisher : <![CDATA[Universitas Trisakti ]]>
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DOI: 10.25105/ferenda.v2i1.19699
<![CDATA[After the enactment of Law No. 11 of 2020 concerning Job Creation as amended through Government Regulation in Lieu of Law No. 2 of 2022 which was enacted through Law No. 6 of 2023, it has been followed up by the issuance of Government Regulation No. 26 of 2021 concerning the Implementation of the Agriculture Sector and Minister of Agriculture Regulation No. 18 of 2021 concerning Facilitation of Community Plantation Development, the regulation of the obligation to facilitate the development of community plantations provides an option for plantation companies and surrounding communities to carry out partnerships in other forms, but in fact most of the community still understand that plantation companies have the obligation to develop plasma plantations at least 20% of the HGU obtained by the plantation companies. The purpose of this study is to provide an overview of the history of the obligation of developing community plantations (plasma plantations) in Indonesia, regulate the provisions of these partnership obligations whether in line with land regulations, analyze and examine the factors causing the emergence of demands for the development of community plantations or social conflicts between the community and plantation companies, the obligation to facilitate the development of community plantations in other forms of partnership after the enactment of the Job Creation Law. The results of this study to provide an overview of whether the changes in these provisions provide benefits to the community and plantation companies, a sense of justice and improve the economy of the community, legal certainty for plantation companies in order to provide a safe and smooth investment climate. but in practice there is still a gap between expectations (das sollen) and reality (das sein).]]>
<![CDATA[IMPLIKASI PERIZINAN BERUSAHA BERBASIS RISIKO TERHADAP EKSPLOITASI SUMBER DAYA ALAM DALAM UPAYA PERCEPATAN INVESTASI DI INDONESIA ]]>
<![CDATA[Setiarma, Anjar]]>;
<![CDATA[Tungmiharja, Wilson]]>;
<![CDATA[Bustani, Simona]]>
<![CDATA[ Jurnal De Lege Ferenda Trisakti Volume 2, Nomor 1, Maret 2024 ]]>
Publisher : <![CDATA[Universitas Trisakti ]]>
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DOI: 10.25105/ferenda.v2i1.19701
<![CDATA[The purpose of writing this journal is to analyze and understand the Government's policy on the Implementation of risk-based business licensing in relation to the exploitation of natural resources in order to accelerate the investment climate in Indonesia. The concept of a permit after the passage of the Job Creation Law is approval from the central government or regional government for the implementation of business activities that must be fulfilled by business actors before carrying out their business activities. The formation of the Job Creation Law using the omnibus law concept is a solution offered by the Government to overcome complex overlapping regulations, including in the field of business licensing in Indonesia so that this effort is expected to encourage domestic investment activities. Risk-based business licensing is currently carried out through the Online Single Submission - Risk Based Approach (OSS-RBA) system, this system is a form of digitalization of public service mechanisms created by the government for business actors. OSS-RBA is expected to provide benefits because business actors can access the system anywhere and anytime, besides that the system is expected to increase and accelerate investment in Indonesia. Through a risk-based licensing concept, it not only makes it easier for investors to enter the Indonesian economic system, but also provides a structured system for the Government to carry out supervision with the aim of preventing misuse of issued permits. By emphasizing on the theory of law as a social engineering tool put forward by Roscoe Pound, Law is not only intended to provide regulation but Regulations provided by Law must be able to shape and create a climate of social life that is desired]]>
<![CDATA[POLITIK HUKUM KEKAYAAN INTELEKTUAL KOMUNAL DALAM SISTEM HUKUM NASIONAL ]]>
<![CDATA[Nugroho, Titis Adityo]]>
<![CDATA[ Jurnal De Lege Ferenda Trisakti Volume 2, Nomor 1, Maret 2024 ]]>
Publisher : <![CDATA[Universitas Trisakti ]]>
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DOI: 10.25105/ferenda.v2i1.19702
<![CDATA[This study, titled "The Politics of Law in Communal Intellectual Property in the National Legal System," offers an in-depth insight into the challenges and potentials of protecting communal intellectual property (CIP) in Indonesia, a country which highly diverse in terms of ethnic groups and cultures. In this study, literature study method is used as part of a qualitative approach to understanding how the politics of law can facilitate and safeguard certain rights, especially in a national legal environment that predominantly highlights individual rights. Within the existing legal framework, this study shows that although Indonesia has taken some steps forward in CIP protection, such as the issuance of Government Regulation Number 56 of 2022, there are significant challenges remain in the implementation and effectiveness of legal protection. One of the main challenges identified is the lack of understanding and knowledge about CIP among indigenous communities. There is a need for a more comprehensive legal refinement to protect CIP, including better law enforcement and active participation from indigenous communities in policy-making and protection strategy processes. This study emphasizes the importance of considering communal perspectives in formulating and implementing legal policies related to CIP. The findings of this study provides a deeper perspective on the necessity of maintaining CIP as an integral element of national identity and a valuable asset to the country, as well as provides recommendations for improvements and enhancements in legal protection for CIP in Indonesia.]]>
<![CDATA[PENANGGULANGAN TINDAK PIDANA TERORISME MELALUI PENCEGAHAN PENDANAAN TERORISME DI PERKOTAAN DENGAN PENERAPAN SANKSI DOUBLE TRACK SYSTEM ]]>
<![CDATA[Hariyono, Benny]]>
<![CDATA[ Jurnal De Lege Ferenda Trisakti Volume 3, Nomor 1, Maret 2025 ]]>
Publisher : <![CDATA[Universitas Trisakti ]]>
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DOI: 10.25105/ferenda.v3i1.22559
<![CDATA[Rapid growth in urban areas often results in uncontrolled land use changes, ignoring the presence Terrorism is a relatively new crime regulated in a special law (Lex Specialis) which regulates terrorism after the Bali bombing in 2002 in Kuta, Bali. Seeing the motives of terrorism that often occur and target vital objects of the state and in big cities in Indonesia indicates that terrorism itself has been regulated in such a way that is structured, systematic and massive. The purpose of this study is to analyze the Countermeasures of Terrorism Through the Prevention of Terrorist Funding in Urban Areas with the Implementation of Double Track System Sanctions. This study uses the type of research used in this study is the type of normative legal research (Normative Legal Research). The results of the study indicate that through efforts to reform criminal law in the Terrorism Funding Law with the application of Double Track System sanctions, namely the imposition of sanctions along with criminal sanctions, rehabilitation or improvement can be carried out on the understandings of perpetrators of terrorism funding crimes that have been contaminated with teachings that are contrary to legal norms and the nation's ideology. so that it can suppress the development of terrorist organizations so that acts of terrorism that threaten vital economic and governmental objects in big cities can be overcome.]]>
<![CDATA[EFEKTIVITAS HUKUM PERLINDUNGAN RAHASIA DAGANG PADA NEGARA COMMON LAW, CIVIL LAW DAN ISLAMIC LAW ]]>
<![CDATA[Nugroho, Titis Adityo]]>
<![CDATA[ Jurnal De Lege Ferenda Trisakti Volume 3, Nomor 1, Maret 2025 ]]>
Publisher : <![CDATA[Universitas Trisakti ]]>
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DOI: 10.25105/ferenda.v3i1.22560
<![CDATA[The study entitled "The Effectiveness of Trade Secrets Law Protection in Common Law, Civil Law, and Islamic Law Countries" focuses on the legal protection of trade secrets across three different legal systems: the United States of America (Common Law), Indonesia (Civil Law), and Saudi Arabia (Islamic Law). This research utilizes qualitative methodology, analyzing and comparing the legislation and enforcement of trade secrets law in these countries. The results indicate that the effectiveness of law in protecting trade secrets is influenced by the balance between legal substance, legal structure, and legal culture. Legal substance refers to the applicable law and court decisions, legal structure focuses on law enforcement institutions, while legal culture pertains to public awareness and understanding of the law. Case studies used in this research include the case of Jack Shearer in the United States of America, Lunpia Express vs. Lunpia Delight in Indonesia, and a review of trade secrets law in Saudi Arabia. These case studies reveal that a strong law enforcement and an adequate public understanding of the law are essential in creating an effective trade secrets law system. Thefinding is relevant in the context of current digital age and globalization, where information can flow seamlessly across borders and hold significant value. An Effective legal protection of trade secrets is a key to maintaini the competitive advantage and economic value of this information.]]>
<![CDATA[PENUNJUKAN TANAH DAN BANGUNAN SEBAGAI JAMINAN PELUNASAN UTANGPADA PEMBIAYAAN BERDASARKAN PRINSIP SYARIAH ]]>
<![CDATA[Setyorini, Dyah]]>
<![CDATA[ Jurnal De Lege Ferenda Trisakti Volume 3, Nomor 1, Maret 2025 ]]>
Publisher : <![CDATA[Universitas Trisakti ]]>
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DOI: 10.25105/ferenda.v3i1.22561
<![CDATA[As is known, financing institutions with sharia principles have shown extraordinary growth in Indonesia. In practice, financing based on sharia principles is often understood by some people as interest-free and collateral-free financing. This opinion is not entirely correct because not applying interest is correct but not requiring collateral is incorrect, even though several financing institutions with sharia principles provide financing by providing relief regarding collateral. Financing institutions with sharia principles are the embodiment of an Islamic economy that prioritizes sharia principles, including material guarantees. Guarantee institutions for immovable objects (land and buildings) are operationalized using guarantee institutions according to positive Indonesian law, namely Law Number 4 of 1996 concerning Mortgage Rights for Land and Objects Related to Land (UUHT), where the principles of Mortgage Rights in UUHT do not conflict with the pillars and conditions for material guarantees in Islamic law (ar-rahn). This also means that the execution is also subject to the provisions of the Mortgage Rights. However, the majority of people think that when financing using sharia principles, guarantee institutions are used according to Islamic law. This is where there is a need to increase socialization regarding guarantee institutions using sharia principles and for the government to immediately formulate laws and regulations that specifically regulate the execution of mortgage rights because so far the execution through auction sales in the UUHT has been carried out according to Article 224 HIR (258 RBg) as stipulated in Article 26 UUHT and its explanation.]]>
<![CDATA[PENERAPAN KEBIJAKAN HUKUM ATAS PERJANJIAN ASEAN CHINA FREE TRADE AREA (ACFTA) TERHADAP PEMBEBASAN BEA MASUK SEKTOR INDUSTRI TEKSTIL USAHA MIKRO KECIL DAN MENENGAH ]]>
<![CDATA[Erni, Wina]]>
<![CDATA[ Jurnal De Lege Ferenda Trisakti Volume 3, Nomor 1, Maret 2025 ]]>
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DOI: 10.25105/ferenda.v3i1.22562
<![CDATA[The aim of this research is to determine the impact of implementing the ASEAN China Free Trade Area Agreement as a result of the elimination of trade barriers, both tariffs and non-tariffs, in the textile and textile product industry sector. The method used in this research is an empirical normative method with a constitutional approach. The implementation of the ASEAN China Free Trade Area Agreement (ACFTA) does not always go according to its initial objectives. After the implementation of Free Trade through the ASEAN China Free Trade Area (ACFTA), problems arose resulting from the implementation of the ASEAN China Free Trade Area, giving rise to economic inequality, especially in the textile industry for Small and Medium Enterprises (MSMEs). The results of this research are that the existence of legal regulations governing Free Trade, especially Import Duties, causes domestic textile production costs to increase while domestic textile sales decrease. Apart from that, another causal factor is the inability to compete with other countries due to free trade barriers. In this case, regulations regarding textile raw materials must be updated so that Indonesia can produce its own textile raw materials without having to import from other countries. Therefore, the implementation of the ASEAN China Free Trade Area (ACFTA) must be followed by appropriate legal policies to provide protection for textile entrepreneurs in Indonesia]]>
