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Tribuere
Published by Universitas Trisakti
ISSN : -     EISSN : 30324580     DOI : https://doi.org/10.25105/trb
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Tribuere sebagai jurnal hukum menerima dan mengakomodasi semua kajian tentang dinamika hukum, baik kajian hukum secara normatif, filosofis, empiris (sosiologi dan antropologi hukum), dan sangat diperkenankan terhadap studi interdisipliner (sosio-legal) dan perbandingan (komparasi). Di antara subyek bidang ilmu hukum yang dapat dipilih adalah antara lain hukum bisnis, hukum perdata, hukum tata negara, hukum pidana, hukum acara, hukum internasional, dan hukum administrasi negara, dan hukum Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 43 Documents
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TINJAUAN YURIDIS KECAKAPAN BERTINDAK PARA PIHAK DALAM PERJANJIAN UTANG-PIUTANG (STUDI PERJANJIAN PADA ERICKO CHANIAGO DENGAN PT. BCA FINANCE DAN CV. TRIJAYA MAKMUR SEJAHTERA) Bloude, Bastian; Indiraharti, Novina Sri
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20091

Abstract

In an agreement, must pay attention to the provisions of Article 1320 of the Civil Code, one of the conditions is the acting skills of the parties when making the agreement. In this case, there was an agreement which, at the time it was made, one of the parties was not competent in carrying out legal acts, which conducted by Ericko Chaniago with PT BCA Finance and CV Trijaya Makmur Sejahtera. The problem in this research is: how is a person's maturity regulated as a condition for the validity of their ability to act in making an agreement? and whether the agreement made between Ericko Chaniago and PT BCA Finance and CV Trijaya Makmur Sejahtera meets the requirements for the validity of the agreement, especially regarding the element of the parties' acting skills? The method used in this research is a normative juridical method, using secondary data as the main data, in the form of primary legal materials, namely using statutory regulations and secondary materials in the form of literature, processing is carried out qualitatively and conclusions are drawn deductively. The results of this research concluded, that a person's maturity in Indonesian laws and regulations varies, in the Civil Code, a person's maturity is 21 (twenty one) years, but Indonesian law recognizes that a person's maturity is 18 (eighteen) years, one of which is as intended in the Notary Position Law, and it was found that the agreement made by Ericko Chaniago with PT BCA Finance did not meet the elements of acting skill of the parties, because Ericko Chaniago was still under 21 (twenty one) years of age, while for the agreement between Ericko Chaniago and CV Trijaya Makmur Sejahtera had fulfilled the requirements for the parties' acting skills, but it was found that there was a violation of other conditions, namely the existence of unlawful causes in the agreement.
PERBANDINGAN HUKUM PENGATURAN MEREK NON-TRADISIONAL ANTARA INDONESIA DENGAN SINGAPURA Gultom, Eva Veronica; Kerti, N.G.N Renti Maharaini
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20101

Abstract

In the era of world trade, product needs are increasing day by day, the higher the trade competition, each company will improve the quality of the products they have. One of the developments in the field of trademarks is the emergence of protection against non-traditional forms of trademarks. The subject matter to be raised in this study regarding the similarities and differences in the regulation of non-traditional trademarks between Indonesia and Singapore. The writing of this thesis uses normative research type with comparative law research method. The data used are secondary data and primary data and drawing conclusions using the deductive method. This research is analyzed qualitatively. From the results of the research conducted, it can be concluded that the difference in non-traditional trademark arrangements between Indonesia and Singapore is that in Indonesia there are three forms of non-traditional trademarks, namely: three-dimensional brands, sound and holograms, while in Singapore there are seven forms of non-traditional brands, namely: three-dimensional marks, packaging aspects, sound, color, holograms, aroma, and motion. The similarity of non-traditional trademark arrangements with Indonesia is found in the trademark protection period which equally protects the trademark for up to 10 years from the date of receipt of the application.
TINJAUAN YURIDIS MENGENAI WANPRESTASI PERJANJIAN PENGANGKUTAN (STUDI KASUS ANTARA PT. GREATWALL DRILLING ASIA PASIFIK DAN PT PRIMA SAMUDERA ZONA TRANS) Hanny, Faisal
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20102

Abstract

An agreement is an act in which one or more people bind themselves to one or more people, agreements are regulated in Book III of the Civil Code where Chapters 1-4 regulate agreements in general and Chapters 5-18 regulate agreements specifically, while Article 1338 of the Civil Code states that all agreements made legally apply as law for the parties who make them. The conditions for the validity of an agreement are regulated in article 1320 of the Civil Code, which includes fulfilling the elements of agreement, skill, a certain thing and lawful causes. The validity of a land transportation agreement is based on the above statutory regulations and as the lex specialist is Law Number 22 of 2009 concerning Road Traffic and Transportation where the limit of compensation for transportation organizers is regulated in Chapter X Article 188, while the research method used used by the author is descriptive normative legal research taken from secondary and primary data. From the basis of the writing above, the author sees that there is a discrepancy between the facts that occurred in the transportation agreement between PT Greatwall Drilling Asia Pacific and PT Prima Samudera Zona Trans, which apart from being subject to the Civil Code because it relates to transportation, must be subject to Law Number 22 of 2009 concerning Road Traffic and Transportation in force in the Republic of Indonesia.
PERLINDUNGAN KONSUMEN PARFUM ISI ULANG YANG TIDAK TERDAFTAR DI BADAN PENGAWAS OBAT DAN MAKANAN Zayyan, Khalillah; Anggraini, Anna Maria Tri
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20103

Abstract

Refill perfume is the type of perfume that is in great demand by Indonesian people as the market price is much cheaper. With high interest, this condition can be abused by business actors by producing the perfume without looking back at the regulations. Based on Drug and Food Supervisory Body (BPOM) data, the number of perfume refills in DKI Jakarta was found to be 64.6% containing too much methanol, which in judgement decision number 1325/Pid.Sus/2018/Pn.JktBrt. The problem that the authors discuss in this study is how are the regulations regarding supervision of refill perfume? and what is the form of legal protection for refill perfume consumers who are not registered with Drug and Food Supervisory Body (BPOM) in the judgement number 1325/Pid.Sus/2018/Pn.Jkt.Brt based on Law No. 8 of 1999 concerning Consumer Protection? This study uses research methods with the type of normative legal research with the nature of the research that is descriptive and qualitatively analyzed, drawing conclusions based on a deductive mindset. The results of the analysis show that regarding the legal protection given to refill perfume consumers in the judgement number 1325/Pid.Sus/2018/Pn.Jkt Brt in the form of preventive and repressive legal protection which has been regulated in Law Number 8 of 1999 concerning Consumer Protection and Drug and Food Supervisory Body regulations. As for the regulations governing the supervision of refill perfume, this is based on BPOM Regulations.
PENYELESAIAN WANPRESTASI ANGGOTA KOPERASI PEGAWAI KEMENTERIAN KOORDINATOR BIDANG PEREKONOMIAN DALAM PERJANJIAN PEMINJAMAN UANG Purba, Mayesti Estelita; Mariane, Irene
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20104

Abstract

The Employee Cooperative of the Coordinating Ministry for Economic Affairs is a cooperative formed based on equal status as employees. This certainly increases the management's confidence in providing loans to members because there is a guarantee that they will carry out their obligations in good faith. The Cooperative Management recorded the number of defaults from 2018 to 2023 amounting to IDR 2,447,570,868.33,- with the number of members who defaulted as many as 90 people. The main issues that will be raised in this research are how to resolve defaults by members of the Employee Cooperative of the Coordinating Ministry for Economic Affairs in money lending agreements and what efforts are made by the management of the Employee Cooperative of the Coordinating Ministry for Economic Affairs if the efforts to resolve the default that have been made do not bring the expected results. This thesis was written using descriptive normative legal research methods, using primary and secondary data, analyzed qualitatively and drawing conclusions based on deductive logic. From the results of the research carried out, it was concluded that the settlement efforts carried out by the Coordinating Ministry for Economic Affairs Employee Cooperative management were non-litigation efforts or out-of-court settlements that prioritized the principle of kinship, namely notification of loan arrears, sending letters of warning, rescheduling or rescheduling, cutting deposits, and persuasive efforts, namely debt collection by the chairman of the cooperative management. However, if the efforts made by the savings unit management have not brought the expected results, the cooperative management can cut salaries, re-implement auto-debit, re-implement principal and mandatory savings, establish collateral, monitor loan repayment regularly, apply the principles of healthy lending. , as well as implementing the 3Rs, namely rescheduling (rescheduling debt payment times), reconditioning (readjusting the terms of money loan agreements), and restructuring (rearranging with additional loan facilities).
PERLINDUNGAN HUKUM TERHADAP PEMEGANG MEREK TERKENAL FARMSTAY UNTUK KELAS SEJENIS Raharjo, Muhammad Hidayattullah; Bustani, Simona
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20105

Abstract

Disputes against well-known brands often occur in Indonesia. One of them is in the case of the Central Jakarta Commercial Court decision Number 70/PDT.SUS-MEREK/2022/PNNIAGA JKTPST. The issues raised are 1) what is the legal protection for holders of well-known farmstay brands for similar classes based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and 2) what are the judge's considerations in Decision Number 70/PDT.SUS-MEREK/2022/PN NIAGA JKT PST is seen from Law Number 20 of 2016 concerning Marks and Geographical Indications. The research method is of the normative type with the nature of descriptive research, the data used is secondary data which is carried out through literature study and then qualitative analysis and deductive logic are carried out to draw conclusions. From the results of the research, it can be seen that legal protection for holders of well-known farmstay brands for similar classes is by granting an application to be able to apply for cancellation of a brand, in this case the trademark registration was carried out by Monica based on Article 21 paragraph (1) letter b and paragraph (3) Law on Trademarks and Geographical Indications. The judge, in his legal considerations, rejected the application for cancellation of a trademark, which was not in accordance with the provisions of Article 21 paragraph (1) letter b and paragraph (3) of the Trademark Law, which is the reason a registered mark can be canceled as contained in the provisions of Article 76 paragraph (1) of the Law. -Law on Trademarks and Geographical Indications.
UNSUR KEBARUAN ATAS KARYA DESAIN INDUSTRI KEMASAN MAKANAN (STUDI PUTUSAN PENGADILAN NIAGA NOMOR 16/PDT.SUS.DESAIN INDUSTRI/2020/PN.NIAGA.JKT.PST JO PUTUSAN KASASI NOMOR 162 K/PDT.SUS-HKI/2021) Rahmawati, Rista Anggun; Kerti, N.G.N Renti Maharaini
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20106

Abstract

Industrial designs in registration must meet the requirements for elements of novelty, which are not similar or the same as previous designs. Industrial Design Regulations already exist, but there are many disputes resulting in problems being committed by Industrial Design Rights Holders and Industrial Design Rights Violators. Referring to the case where the food packaging design owned by Ruben Samuel Onsu does not have an element of novelty. Inside the packaging there is a resemblance to the food box packaging owned by PT. Ayam Geprek Benny Sujono. In this case, there is a problem where the criteria for novelty and the legal considerations of the commercial and cassation court regarding the cancellation of the registration of the food box packaging industrial design. The research method in this case is the type of research used juridical-normative. The nature of the research is descriptive. The data used is secondary as well as data collection by way of literature study. Data analysis uses qualitative and drawing conclusions on this problem using deductive logic. In cases where violations are found, there is no element of novelty as referred to in the statutory rules and there is no bad faith at the time of registration, so that becomes an important factor for the party objecting. Parties who have objections can submit an annulment of registration in the commercial court carried out by parties who have an interest.
TINJAUAN YURIDIS MENGENAI WANPRESTASI DALAM PERJANJIAN KERJASAMA (STUDI DENGAN SEKJEN & BK DPR RI DENGAN PT. FIRST MEDIA NEWS) Ramadhanto, Rizqi Fakhir; Sucondro, Bambang
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20107

Abstract

The development of communication and information technology has given birth to an information society whose demands for the right to know and the right to obtain information are increasingly greater. Broadcasting as a distributor of information and shaper of public opinion has a very strategic role, especially in developing democracy in Indonesia. This made the Secretariat General of the DPR RI as a supporting system for the DPR RI enter into a cooperation agreement with PT. First Media News to broadcast Parliament TV productions on First Media and Big TV. However, in its implementation there was a breach of contract by PT. First Media News in broadcasting Parliament TV productions. This writing uses normative juridical research methods. The legal consequences that should be carried out on PT. First Media, based on Article 7 letter b in conjunction with Article 10 of the Cooperation Agreement, will be subject to sanctions in the form of unilateral cancellation of the Cooperation Agreement by the Secretariat General of the DPR RI. The dispute can be resolved through deliberation first and if this is not successful, the dispute can be resolved through a litigation or non-litigation process. Implementation of dispute resolution regarding defaults in the Cooperation Agreement is not carried out as it should. The Secretary General of the DPR RI does not consider the default that occurred to be a problem. This is at the expense of the public being socialized about the DPR RI's activities in carrying out its constitutional duties and functions to the wider community. Based on this, it is necessary for the parties to understand the entire contents of the agreement, especially the philosophy or meaning of article by article.
TINJAUAN YURIDIS PERJANJIAN PEMBORONGAN PEKERJAAN ANTARA PT ABC DAN PT XYZ Yuhao, Sun; Indiraharti, Novina Sri
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20108

Abstract

Engagement according to Prof. Subekti is a legal relationship between two people or two parties, based on which one party has the right to demand something from another party, and the other party is obliged to fulfill that demand. Apart from that, the terms of the contract itself are regulated in article 1313 of the Civil Code which explains that an agreement is "An agreement is an act in which one or more people bind themselves to one or more other people." In this case, there is a contracting agreement as previously referred to by author, namely the contracting agreement for the construction of the ABC Tower project, the problem with this agreement is whether the contracting agreement agreed and signed by PT ABC has fulfilled the conditions for the validity of the agreement and whether PT ABC's actions in not carrying out its obligations can be categorized as an act of default and what are the consequences of the status the default. The research in this scientific work uses descriptive characteristics to provide an overview of whether or not the contracting agreement agreed and signed by PT ABC is appropriate and how the legal consequences and categories of an act can be considered an act of default. Referring to Article 1320 of the Civil Code, for an agreement to be valid, four conditions are required, their agreement to bind them; the ability to make an agreement; a certain thing; a lawful cause. If the creditor party in the agreement defaults, it will have consequences that can used or pursued by the debtor, namely Fulfillment of the agreement; Fulfillment of the agreement accompanied by compensation; Just compensate; Cancellation of agreement; Cancellation of the agreement is accompanied by compensation.
PENYELAMATAN PERUSAHAAN MELALUI RESTRUKTURISASI UTANG (STUDI DI PT GARUDA INDONESIA (PERSERO) TBK) Kurniawati, Tintin; Kerti, N.G.N. Renti Maharaini
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20110

Abstract

PT. Garuda Indonesia (Persero) Tbk is the national flag carrier airline and the only state-owned aviation industry in Indonesia. The Covid-19 pandemic caused PT Garuda Indonesia (Persero) Tbk to be in a technically bankrupt condition and threatened with bankruptcy after the postponement of debt payment obligations on December 9 2021. The main issue that will be raised in this research is whether debt restructuring is the right step in this effort. saving the company and what efforts can be made by the government as the company's shareholder in order to save PT. Garuda Indonesia (Persero) Tbk. This thesis was written using descriptive normative legal research methods, using primary and secondary data, analyzed qualitatively and drawing conclusions based on deductive logic. Based on the results of the research conducted, it can be concluded that based on article 1 point 11 of the Law on State-Owned Enterprises, restructuring is an effort carried out in the context of restructuring State-Owned Enterprises, one form of restructuring is debt restructuring, considering the large number of creditors and complex debt restructuring through Postponement of Debt Payment Obligations is the right step. The results of the debt restructuring helped improve the company's financial condition, with a recovery rate of 19%. However, to improve the condition of the company, other efforts are still needed, namely by restructuring management through rightsizing the number of employees, renegotiating aircraft rental leases, evaluating loss-making flight routes and maximizing the cargo and logistics business. Apart from that, efforts that can be made by the government as a shareholder based on Article 5 of Government Regulation Number 44 of 2005 can be carried out through additional State Capital Participation.

Page 2 of 5 | Total Record : 43

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