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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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TANGGUNG JAWAB DIREKSI ATAS PERBUATAN YANG DILAKUKAN OLEH DIREKTUR OPERASIONAL PADA SUATU PERSEROAN TERBATAS (STUDI KASUS PUTUSAN MAHKAMAH AGUNG RI NOMOR 294 K/PID.SUS/2018 Wijaya, Wilson; Nurbaiti, Siti
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.v1i2.20111

Abstract

A Limited Liability Company is a legal entity which is a capital partnership, in the process it is established based on an agreement, which conducts business activities with an authorized capital which is entirely divided into shares and fulfills the requirements stipulated by Law Number 40 of 2007 concerning Limited Liability Companies (UU PT). The management of the company by the directors does not only refer to what has been regulated in the Company Law but must also be guided by the company's articles of association. Management of the company by the directors must be based on good faith. If it turns out that the management of the company by the directors is not based on good faith, causing losses to the company, then the directors are personally responsible for the company's losses, both criminally and civilly. The problem in this research is, How is the arrangement of directors' responsibilities towards a Limited Liability Company? And what is the decision of the Supreme Court of the Republic of Indonesia Number 294 K/Pid. Sus/ 2018 December 3, 2018 is in accordance with the applicable regulations? The problem approach used is a normative juridical approach to the problem. This research is legal research that is descriptive in nature. The materials used in the preparation of this thesis are Primary Legal Materials such as: the 1945 Constitution of the Republic of Indonesia and Law Number 40 of 2007 concerning Limited Liability Companies. Secondary Legal Materials Secondary legal materials are legal publication materials that are not official documents. Tertiary Legal Materials, namely materials that provide information on primary legal materials and secondary legal materials such as dictionaries and encyclopedias, popular magazines, newspapers and other scientific journals. The conclusion of this thesis is that Tukiman Kijah's actions are personal responsibility, because he does not comply with the Business Judgment Rule doctrine as stipulated in Article 97 paragraph (5), due to losses suffered by PT. BCMG TANI BERKAH was caused by Tukiman Kijah's mistakes and negligence as a Director.
ANALISIS YURIDIS MENGENAI TINDAKAN PENAWARAN SALING MELENGKAPI DALAM PERSEKONGKOLAN TENDER MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Afdal, Muhammad; Adiasih, Ning
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/dd2k5469

Abstract

The form of collusion that can fulfill the element of collusion is in the form of leaking bid documents by adjusting and comparing bid documents made between bidders before the submission deadline. In the decisions of the business competition supervisory commission number 25 of 2020 and number 35 of 2020, the commission panel considered that complementary offers were a form of adjusting and comparing bid documents before the submission deadline. the mechanism for prohibiting complementary offers is divided into 2 elements, namely leaking bid documents by adjusting and comparing bid documents carried out between tender participants before the submission deadline.
KEDUDUKAN HUKUM PT SINARMAS ASSET MANAGEMENT SELAKU PEMEGANG OBLIGASI TERHADAP PT TIGA PILAR SEJAHTERA FOOD TBK DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (STUDI KASUS NO 121/PDT.SUS-PKPU/2018/PN.NIAGA.JKT.PST) Oktabiani, Andiya; Anggraini, Anna Maria Tri
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/1psreg46

Abstract

The existence and emergence of bankruptcy law in Indonesia began due to the monetary crisis in 1997 which caused difficulties among the business world in carrying out their activities. One of them is the rules regarding bankruptcy and the rules regarding Postponement of Debt Payment Obligations (PKPU). As the main problem in this thesis, 1) What is the legal position of bond holders in Postponement of Debt Payment Obligations (PKPU) according to Law Number 37 of 2004 concerning Bankruptcy and PKPU? and 2) Are the judge's considerations in Case Decision No.121/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst in accordance with UUK-PKPU No. 37 of 2004 and Law No. 8 of 1995. This research uses a descriptive type of normative legal research using secondary data, then analyzed qualitatively with a deductive mindset as a way of drawing conclusions. The results of the research show that 1) if indeed the actions of creditor bond holders acting alone without being represented by a Trustee are not justified by the Capital Markets law, considering that the offering of bonds is usually purchased by creditors in large quantities. 2) Creditors holding bonds are concurrent creditors, because based on Articles 1131 and 1132 of the Civil Code, one of the privileges of creditors in terms of debt repayment is the existence of a guarantee.
ASAS ITIKAD BAIK DALAM PEMBATALAN MEREK TERKENAL CHEONGKWANJANG Phin, Bong Fo; Nurbaiti, Siti
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/yf6k8z79

Abstract

Trademark disputes often arise when a registration is made by imitating or copying a particular trademark, which clearly does not align with the principle of good faith in trademark registration. This, of course, can harm the party whose trademark has been copied or imitated by others. For instance, in the case of Korea Ginseng Corp, the owner of the CheongKwanJang trademark, versus PT. Mitra Sentosa International, the owner of the Cheong Kwan Jang trademark. The questions arise whether the rejection of the cancellation of the CheongKwanJang trademark adheres to the principle of good faith and whether the judge's decision No.15/Pdt.Sus/Merek/2020/PN.NIAGA.JKT.PST regarding the rejection of the trademark cancellation is in accordance with Law No. 20 of 2016 concerning Trademarks and Geographical Indications. The research method used is normative and descriptive, based on secondary data analyzed qualitatively, with conclusions drawn deductively. The research findings indicate that the rejection of the trademark cancellation for Cheong Kwan Jang owned by PT. Mitra Sentosa International, which was filed by Korea Ginseng Corp as the owner of the CheongKwanJang trademark, does not meet the principle of good faith, and the judge's decision No.15/Pdt.Sus/Merek/2020/PN.NIAGA.JKT.PST concerning the rejection of the trademark cancellation does not comply with the provisions of Article 21 paragraph (1) letter b and paragraph (3) of the Trademark and Geographical Indications Law.
PERSONAL GARANSI SEBAGAI JAMINAN PELUNASAN HUTANG DEBITUR KEPADA KREDITUR BEDASARKAN PUTUSAN NOMOR  173/PDT.SUS-PKPU/2019/PN NIAGA.JKT.PST Putra, Dwi Yanri; Sucondro, Bambang
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/pvenn611

Abstract

In credit agreements entered into by debtors with creditors, there is a principle of providing credit facilities by providing collateral other than material collateral, namely collateral guarantees, better known as personal guarantees, which means that there is a third party outside the credit agreement who guarantees that the debtor will fulfill all forms of obligations, namely to pay off "the debt is in the credit agreement, one of which can be seen in Decision Number 173/Pdt.Sus-PKPU/2019/PN Niaga.Jkt.Pst." The problem studied in this thesis is how positive legal provisions in Indonesia regarding personal guarantees as credit facilities are provided by creditors to debtors and how to resolve the execution of personal guarantees between creditors and guarantors. The type of research used is normative juridical research, which means reviewing legal regulations to address the problems faced. The results of this research show that based on court decision number 173/Pdt.Sus-PKPU/2019/PN Niaga.Jkt.Pst, it is permissible to apply for a personal guarantee and also resolve problems when a negligent debtor does not pay. The guarantor requests that the debtor's assets be confiscated and auctioned to pay off the debt.
TANGGUNG JAWAB PT. UNIVERSAL PHARMACEUTICAL INDUSTRIES ATAS OBAT UNIBEBI COUGH SYRUP BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 PERLINDUNGAN KONSUMEN Tio Rae, Fabio; Kerti, N.G.N. Renti Maharaini
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/y5zyf994

Abstract

The incident of hundreds of children in Indonesia experiencing Acute Kidney Failure at the end of 2022 was caused by the distribution of syrup drugs containing Ethylene Glycol (EG) and Diethylene Glycol (DEG) contamination, one of which was the drug Unibebi Cough Syrup produced by PT. Universal Pharmaceutical Industries. In particular, business actors are prohibited from trading defective and contaminated pharmaceutical preparations. This is because business actors are obliged to guarantee that the goods produced/traded meet the applicable standard criteria. So that. Consumers' rights to security, comfort and safety in consuming goods traded by business actors can be fulfilled. Therefore, it is necessary to know how to regulate good standards for pharmaceutical preparations based on a consumer protection perspective and how to restore the rights of consumers who have been harmed. This type of normative research uses laws and related legal theories. From a consumer protection perspective, business actors in producing pharmaceutical preparations are regulated to be guided by the Indonesian Pharmacopoeia and Good Medicine Manufacturing Practices (CPOB) as standards for good pharmaceutical preparations. Consumers who have been harmed can take legal action through class action lawsuits as a form of effort to restore their rights that have been violated by business actors
ANALISIS YURIDIS PELANGGARAN MEREK HELP YANG DIGUNAKAN TANPA IZIN OLEH PIHAK LAIN (STUDI PUTUSAN NOMOR 24/PDT.SUS-MEREK/2021/PN.NIAGA.JKT.PST) Franky, Franky; Bustani, Simona
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/r6zm0314

Abstract

Trademark infringement occurs because there is a similarity in substance or in its entirety to a brand, as is the case in case Number 24/Pdt.Sus-Merek/2021/PN.Niaga.Jkt.Pst. Problems 1) What are the regulations for the protection of rights holders of the HELP brand whose marks are used by other parties based on Law no. 20 of 2016 concerning Brands and Geographical Indications?. 2) Is the Commercial Court judge's decision regarding the HELP trademark dispute in accordance with Law no. 20 of 2016 concerning Brands and Geographical Indications?. This research is of the normative type with the nature of descriptive research with secondary data carried out by literature study and then carried out qualitative analysis and deductive logic to draw conclusions. The results of the research can be seen. Legal protection against Melia Lustojoputro as the owner of the rights to the "HELP" brand whose brand is used by another party, namely PT Solusi Solusi Digital without permission, can file a trademark cancellation lawsuit against the HELPOLD brand owned by PT Solusi Solusi Digital based on the provisions of Article 76 of the Law. Trademarks and Geographical Indications and the Commercial Court judge's decision regarding the HELP trademark dispute are not in accordance with the provisions contained in Article 21 paragraph (1) and paragraph (3) of Law no. 20 of 2016 concerning Brands and Geographical Indications
PERLINDUNGAN KONSUMEN TERHADAP PELAKU USAHA YANG LALAI DALAM MENGEDARKAN MAKANAN KADALUARSA BERDASARKAN UNDANG-UNDANG NO 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Calso, Ravinka Amelia; Adiasih, Ning
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/zr1mpv02

Abstract

Food is a basic need for every human being, therefore the food consumed must be healthy and have benefits for the body. The rise of business actors selling food that does not comply with health standards will cause losses to consumers who consume it. This is done only to obtain maximum profits. Business actors who still market expired food may be subject to sanctions and penalties, these sanctions can be in the form of criminal sanctions, civil sanctions and administrative sanctions. The problems discussed in this thesis are: What are the settlement efforts made by consumers in decision case number 74/Pid.Sus/2013/PN.WNS and what is the legal protection for consumers according to Law No. 8 of 1999 concerning Consumer Protection. The type of research used is normative research using secondary data as a reference in this research. The results of this research are that legal protection for consumers is by obtaining compensation appropriate to the losses experienced as well as receiving compensation and health care for consumers who experience physical losses. Business actors receive sanctions in the form of civil sanctions, namely by compensating consumers for losses, criminal sanctions, namely by being imprisoned for 9 months and receiving administrative witnesses in the form of revocation of business permits and withdrawal of the goods from circulation
TINJAUAN YURIDIS TERHADAP SURAT PERJANJIAN SEWA MENYEWA RUMAH JABATAN WAKIL MENTERI DALAM NEGERI BERDASARKAN KETENTUAN KUHPERDATA Rahmayanti, Anita Sri; Indiraharti, Indiraharti
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/0k9apz06

Abstract

This research is motivated by a legal event about leasing between Fauzan Hasan, S.STP., M.Si, Commitment Making Officer of the General Bureau of the Secretariat General of Kemdagri with Parwati Surjaudaja who agreed to lease by making a written agreement. In terms of law, the above is in accordance with the law. Making a lease agreement in writing will facilitate dispute resolution in the event of unwanted things, for example, one of the parties defaults or does not perform its obligations as it should. The subject matter of this research, how are the provisions on halal causa in the law of house lease agreements and whether the lease agreement of the Deputy Minister of Home Affairs Office House has fulfilled halal causa. The type of research uses descriptive analytical method and the approach is normative juridical, namely examining data logically based on literature studies which are secondary materials in the field of law. The data is analyzed qualitatively and the conclusion is drawn deductively.  Based on the results of the research, it can be concluded that the written lease agreement mentioned above is in accordance with the provisions of civil law and legal aspects governing the validity of an agreement and has legal force and fulfills the requirements of a lawful cause. . "A Halal Cause" means that the agreement made does not conflict with the law, public order and decency. The object of the agreement, a house located at Jalan Maluku No. 29 RT 006/RW 005 Gondangdia Menteng, Central Jakarta
PERLINDUNGAN HUKUM NASABAH ASURANSI YANG MENOLAK RESTRUKTURISASI POLIS PADA PERUSAHAAN ASURANSI YANG MENGALAMI GAGAL BAYAR (STUDI KASUS PADA PT ASURANSI JIWASRAYA (PERSERO) Widhiantara, Anggara Pradnya; Indiraharti, Novina Sri
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/80evdz37

Abstract

The financial problem of PT Asuransi Jiwasraya (Persero) made the company unable to pay the insurance policy holders’ claim. However, even though the company had offered an option for its policy holders to restructure their policy, there are policy holders who refused that option, and instead sued the company and demanded immediate payment. This research tries to highlight the form of legal protection in the insurance policy and judges’ considerations which are given to policy holders who refused the restructurization option. From the results of the analysis, it was concluded that the legal protection had been provided in the insurance policy, in the form of dispute resolution mechanisms provided, which are able to be chosen by the policy holders. Furthermore, in the judges’ considerations on the cases which are the objects of the research, it was concluded that the judges had attempted to provide legal protection, however the protection wasn’t perfect, because there are potential errors in the legal rules used as the basis for the considerations. For this reason, this research suggests that judicial institutions should be more cautious in giving legal protection, so that the rights of all policy holders can be protected.

Page 3 of 5 | Total Record : 43

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