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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 MEMUTUSKAN HUBUNGAN KERJA TERHADAP PEKERJA KONTRAK YANG PUTUS HUBUNGAN KERJA DALAM MASA KONTRAK DALAM PUTUSAN PHI NOMOR 6/V2/PDF-SUS-PHI/2021/PN.PBR Ompusunggu, Erik Samarao; Siswanto, Wahyudi
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jpqmyg25

Abstract

Labor or labor issues are a typical problem we hear about in developing countries, including Indonesia. Related to this, termination of employment (PHK) is one of them. As happened with the unilateral termination of employment carried out by companies in Indonesia. In this writing the author uses normative legal research methods. Primary legal materials were obtained from Law no. 13 of 2003 concerning employment and secondary legal materials obtained from a review of legal literature, especially employment, papers, the internet and others. The implementation of termination of employment relations carried out by the company must be in accordance with Law No. 13 of 2003 concerning employment which states that termination of employment relations is carried out in several processes, namely holding a deliberation between the employee and the company, if an agreement cannot be obtained then the last resort is through the court to decide. case. Likewise, employees who resign are regulated in accordance with company regulations and laws. As a company's responsibility towards workers who have been laid off, the law requires or obliges the company to provide severance pay, reward money and compensation money. And the regulations regarding severance pay, reward money and compensation money are regulated in article 156, article 160 to article 169 of Law no. 13 of 2003 concerning Employment
PERLINDUNGAN HUKUM BAGI PEMEGANG PERTAMA MEREK LOKAL JOLLIBEE TERHADAP MEREK TERKENAL ASING Karin , Cika Zulyani; Bustani, Simona
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

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

Abstract

Brands are included in intellectual property rights where the rights holder of the brand is given legal protection for both local and foreign brands. The issues raised are how was the protection of Jollibee brand holder in Indonesia according to Law Number 20 of 2016 concerning Brands and Geographical Indications, and how was the Commercial Court Judge's decision in deciding the Jollibee brand dispute based on Law Number 20 of 2016 concerning Brands and Geographical Indications. This research is conducted by normative legal research with a descriptive nature, the data used is secondary data obtained through literature studies, then the data is analyzed by qualitative with drawing conclusions deductively. The results of the study showed that Legal Protection for the holder of the Jollibee Brand Owned by Karsino is given due to Brand Certification he has, however, for the first registered trademark can be cancelled if it violates the provisions of Article 21 Paragraph (3). The judge's decision in case Number 9/PDT.SUS-MEREK/2023/PN.NIAGA.JKT.PST that rejected the application to cancel the Jollibee trademark owned by Karsino is not in accordance with Article 21 paragraph (3) of the Trademarks and Geographical Indications Law.
PERBANDINGAN PENGATURAN MEREK DAN INDIKASI GEOGRAFIS BATIK BETAWI DI INDONESIA DAN BATIK KELANTAN DI MALAYSIA Carmiya, Carmiya; Yunari, Sri Bakti
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

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

Abstract

Geographical Indication Protection is growing rapidly, especially in Asia. ASEAN countries are active in identifying and registering Geographical Indications to increase the presence of national and international markets. One of the developments in the protection of Geographical Indications is Betawi Batik and Kelantan Batik. The main issue is regarding the similarities and differences in the regulation of the geographical indication of Betawi batik in Indonesia and Kelantan batik in Malaysia. And legal protection for the geographical indication of Betawi batik in Indonesia and Kelantan batik in Malaysia. This thesis uses a normative type with a comparative legal research method. The research data uses secondary data and primary data, drawing conclusions using a deductive method by analyzing qualitatively. This thesis can be concluded regarding the similarities in the regulation of IG Betawi batik and Kelantan batik referring to the legal rules of Geographical Indications in Indonesia and Malaysia by implementing a mandatory IG registration system by identifying goods/products originating from their respective geographical areas. While the differences in IG Betawi batik in Indonesia are regulated by Law No. 20/2016 MIG. Kelantan Batik in Malaysia is regulated by the Geographical Indications Act 2022. The registration process for Geographical Indications in Indonesia is through DJKI, while IG in Malaysia is through MyIPO. In law enforcement in Indonesia, if a violation occurs, it can be through the courts, in Malaysia through a special institution and/or by imposing administrative sanctions. The requirements for obtaining IG legal protection are by submitting an application to the government. The term of protection for Geographical Indications for Betawi batik in Indonesia is as long as the reputation, quality, and characteristics are maintained, while the IG for Kelantan batik in Malaysia is for 10 years and can be extended.
TINJAUAN TERHADAP PENGGUNAAN ASAS FIRST-TO-FILE DAN PRINSIP RELATIVE GROUND FOR REFUSAL OF REGISTRATION BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS Fadillah, Moch Iqbal; Artati, Sri Untari Indah
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

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

Abstract

In the practice of trademark registration in Indonesia, disputes frequently arise between trademark owners and the Trademark Appeal Board. These disputes typically occur when a trademark application is rejected due to its similarity to an already registered trademark. This study focuses on the application of the First-to-File principle the Relative Grounds for Refusal of Registration within the Indonesian trademark registration system. It aims to evaluate whether the considerations made by the Substantive Examiner in deciding trademark registration cases are in line with the principle of relative grounds for refusal of registration, as stipulated in Law No. 20 of 2016 on Trademarks and Geographical Indications.The research methodology employed is a normative juridical approach with a descriptive nature. The study relies on secondary data obtained through a literature review, which is then analyzed qualitatively. The conclusions are drawn deductively based on an analysis of the applicable laws and regulations. The findings of this research indicate that the application of the First-to-File principle and relative grounds for refusal of registration in the decisions made by the Substantive Examiner is consistent with the provisions set forth in Articles 3 and 21 of Law Number 20 of 2016. However, the study also highlights challenges in the application of these principles, which may affect the transparency and objectivity of the decisions made by the Trademark Examiner.
ANALISIS PENDAFTARAN MEREK “MINYAK SEHAT” BERDASARKAN UNDANG-UNDANG  NOMOR 20 TAHUN 2016 Varianto, Andy; Retnowulandari, Wahyuni
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

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

Abstract

A trademark serves as a distinguishing factor for goods and/or services produced by one company from those of similar companies. However, in practice, some trademarks contain elements that may mislead the public regarding the quality, benefits, or properties of the goods, potentially violating the provisions of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This study aims to analyze the regulations related to trademarks that cannot be registered under this legal framework and evaluate the registration procedure of the "Minyak Sehat" trademark, which was accepted despite allegations of containing misleading elements regarding the quality, benefits, or properties of the goods. This research employs a normative legal methodology with a descriptive approach and qualitative analysis. Based on the opinions of intellectual property experts, the "Minyak Sehat" trademark does not meet the criteria for registration as its meaning, both in isolation and in its entirety, violates several provisions of Article 20 of Law Number 20 of 2016. Furthermore, errors were identified in the registration process, particularly during the substantive examination phase.
KEDUDUKAN HUKUM PURCHASE ORDER DALAM PERJANJIAN JUAL BELI MATERIAL ANTARA PT. PEMBANGUNAN PERUMAHAN (Persero), Tbk. dan TRIPUTRA KARYA UTAMA Sinaga, Paulus Welly Andalanta; Yunari, Sri Bakti
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

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

Abstract

 In general, companies conduct buying and selling transactions using a purchase order as proof of ordering or purchasing. This purchase order document contains terms and conditions governing the sale and purchase conducted, without any preceding agreement. The legal position of a purchase order in a material sale and purchase agreement refers to contract law in accordance with Article 1320 of the Indonesian Civil Code (KUH Perdata). In the following case, involving PT. Pembangunan Perumahan (Persero), Tbk. and PT. Triputra Karya Utama, the payment for the sale and purchase was not made in accordance with the terms stated in the purchase order, and there was no underlying agreement preceding it. The issue at hand is how the legal standing of a purchase order in an agreement can be considered a valid contract under contract law, according to the provisions of the Indonesian Civil Code. Additionally, what legal remedies can PT. Triputra Karya Utama and PT. Pembangunan Perumahan (Persero) take in the event of a breach of contract? The type of research used is normative legal research, which is descriptive in nature. This study utilizes secondary data, primarily legal sources, obtained through literature studies and interviews. Data processing is carried out qualitatively, and conclusions are drawn deductively. Based on juridical analysis, the legal standing of a purchase order as an agreement fulfills the validity requirements of a contract under contract law and can be considered a valid agreement according to Article 1320 of the Indonesian Civil Code. Therefore, the material purchase order created by the parties, PT. Pembangunan Perumahan (Persero), Tbk. and PT. Triputra Karya Utama, constitutes a legally binding agreement that imposes rights and obligations on both parties. In the event of a breach of contract concerning the purchase order, the aggrieved party may demand performance of the contract or seek cancellation along with compensation, in accordance with Article 1267 of the Indonesian Civil Code.
TINJAUAN YURIDIS TENTANG TANGGUNG JAWAB KEMENTERIAN KESEHATAN TERHADAP KEBOCORAN DATA PRIBADI PADA APLIKASI PEDULILINDUNGI Baskoro, Thomas Meidiansyah Tri
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

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

Abstract

This research is motivated by the emergence of the PeduliLindungi platform by the Government through the Ministry of Health, which functions as an integration of individual health data with health service facilities. However, this digitalization is faced with major challenges in the form of the risk of personal data leakage, which can harm users and violate their privacy. The description gives rise to the formulation of the problem How is the legal responsibility of the Ministry of Health for the leakage and use of personal data of PeduliLindungi consumers without permission based on Law No. 8 of 1999 concerning Consumer Protection Jo. Law No. 27 of 2022 concerning Personal Data Protection and What legal remedies can be taken by consumers who use PeduliLindungi for the leakage and use of personal data without permission from the Ministry of Health. The research uses a normative legal research method that explains the responsibilities of PeduliLindungi organizers based on the principle of responsibility and Law No. 8 of 1999 concerning Consumer Protection. The results of the study show the responsibility of the organizer based on the principle of responsibility due to fault (Fault Liability). Meanwhile, the legal remedies of the disputing parties, namely business actors and consumers, can be through the courts or BPSK.
ANALISIS TANGGUNG JAWAB PEMASOK DALAM PERJANJIAN JUAL BELI TERKAIT CACAT PRODUK (STUDI PADA PT. TOSAMA ABADI) Rahmawati, Siti Rosy; Artati , Sri Untari Indah
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

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

Abstract

 The sale and purchase agreement is an integral part of the business transaction regulated in the Civil Code. One of the problems that often occurs is regarding defective products, where the seller is responsible for hidden defects that can cancel the transaction. This study aims to analyze the responsibilities of PT. Tosama Abadi as a supplier in the sale and purchase agreement with PT. Astra Component Indonesia related to product defects. This study uses a normative legal method. The results of the study show that PT. Tosama Abadi has full responsibility for product defects found in auto parts sold to PT. Astra Component Indonesia, as stipulated in the agreement and applicable law. The sale and purchase agreement between PT. Tosama Abadi and PT. Astra Component Indonesia regulates legal relations based on good faith, with the obligations of each party related to the delivery of goods according to specifications, timely payment, and dispute resolution through legal channels if deliberations fail. As a seller and manufacturer, PT. Tosama Abadi is responsible for ensuring the quality, quantity, and delivery of goods according to the agreement, as well as providing a replacement mechanism for production defects and dispute resolution based on applicable legal provisions..
PERUBAHAN STATUS HUBUNGAN KERJA DARI PKWT MENJADI PKWTT PADA PT ANGKASA PURA SUPPORT BERDASARKAN UNDANG-UNDANG KETENAGAKERJAAN Muluk, Adika Try; Wijiningsih, Ninuk
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

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

Abstract

The employment relationship between workers and companies is a crucial aspect of labor law in Indonesia. One of the recurring issues is the misuse of Fixed-Term Employment Agreements (PKWT) by companies to avoid obligations in granting Permanent Employment Agreements (PKWTT). This study focuses on the case of PT Angkasa Pura Support, which was the subject of Supreme Court Decision No. 20/Pdt.Sus-PHI/2022/PN.Kpg, where a worker who had been employed for more than seven years remained on a contract status, violating Article 59 of Law No. 13 of 2003 on Manpower. This research applies the Theory of Legal Protection and Legal Certainty to analyze this phenomenon. The study adopts a normative juridical method, reviewing legal regulations, legal doctrines, and case studies on court decisions. The findings indicates many companies do not register PKWT contracts with the Ministry of Manpower, leading to weak supervision and enabling companies to maintain workers under contract status unlawfully. The conclusion emphasizes that the Supreme Court’s decision sets an important legal precedent in protecting workers’ rights. Therefore, the government must strengthen its monitoring mechanisms to ensure the proper implementation of labor regulations.
PENGUASAAN KEMBALI UNIT SEWA PEMBIAYAAN BERDASARKAN POJK 35 TAHUN 2018 Nainggolan, Binsar; Nurbaiti, Siti
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

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

Abstract

Re-possession of finance lease units due to debtor default often raises complex legal issues, especially regarding the fulfilment of the rights of finance companies and how regulations exist in maintaining these rights, especially considering the protection of consumers. This research aims to analyse the re-control of the finance lease unit in POJK Number 35 of 2018 concerning the Implementation of the Financing Company Business and how the procedure for re-controlling the finance lease unit is carried out. The research uses normative juridical method with POJK Number 35 of 2018 regulatory approach and how the process of re-controlling the finance lease unit is carried out at PT HFI. Data obtained from PT HFI as the subject of research, The results showed that POJK Number 35 of 2018 has regulated the mechanism but needs a more detailed description and in its implementation PT HFI has fully complied with all regulations.

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