Trijurnal E-Journal Universitas Trisakti
Not a member yet
11312 research outputs found
Sort by
PERBANDINGAN PENGATURAN MENGENAI DOKTRI BUSINESS JUDGEMENT RULE DI NEGARA INDONESIA DAN AUSTRALIA: Comparison Of Business Judgement Rule Doctrine Regulation in Indonesia and Australia
No full textThe Business Judgment Rule Doctrine is a doctrine that is widely applied in common law countries, suchas in Australia which adopted the Business Judgment Rule Doctrine into its positive law since theCorporate Law Economic Reform Program (Corporate Law Economic Reform Program) in 1998.Indonesia itself who are Civil law also apply the Business Judgment Rule Doctrine which is in theDefault case committed by PT Ciremai Prima Mandiri in Decision Number 156/Pdt.G/2013/PN.Jkt.Tim.Based on this, the issues raised are how are the similarities and differences regarding the BusinessJudgment Rule Doctrine between Indonesia and Australia, and how is the Application of the BusinessJudgment Rule Doctrine between Indonesia and Australia between the Default case by PT CiremaiPrima Mandiri in Decision Number 156/ Pdt.G/2013/PN.Jkt.Tim with Mariner Corporations Ltd case.The research was conducted normatively, using secondary data. The results of this study indicatesimilarities in the concepts and objectives of the Business Judgment Rule Doctrine and differences in theelements of the Business Judgment Rule Doctrine between the two countries, as well as showing the form of application of the Business Judgment Rule Doctrine in the default case by PT Ciremai Prima Mandiriin Decision Number 156/Pdt .G/2013/PN.Jkt.Team with Mariner Corporations Ltd cas
PRINSIP NON-REFOULEMENT DALAMPERLINDUNGAN PENGUNGSI DI INDONESIA(BERDASARKAN KASUS PENGUNGSI ETNISROHINGYA DI INDONESIA KARENA KONFLIKRASIAL DI MYANMAR: Principles of non-refoulement in the Protection of Refugees in Indonesia (Based on the Case of Refugees of Rohingya Ethnic in Indonesia Due To Racial Conflict in Myanmar)
No full textRohingya refugees need humanitarian assistance and have the right to protection from arbitrary return to places where they are at risk of torture. This rule is known as the principle of non-refoulement, which is understood as the basis for international protection for refugees. This thesis results from normative legal research using primary, secondary and tertiary legal materials. Data collection was carried out through literature study and interviews. The issues discussed are: how the principle of non-refoulementis regulated in national law in Indonesia, what is Indonesia\u27s attitude in dealing with Rohingya refugees who have come to seek refugee in Indonesia, and why the principle of non-refoulement is still weak in its
implementation in Indonesia. The results of this thesis research show that the principle of non- refoulement is regulated in Indonesia through Constituion of the Republic of Indonesia 1945 Article 28G, Act No.1 1979,Act No.5 1998, Act No.29 1999, Act No.37 1999, Act No.6 2011, People\u27sConsultative Assembly Decision No.17 1998, President Ordinance No.125 2016, Directorate General of Imigration Ordinance No.IMI-1489 2010, Government Ordinance No.31 2013. Even though Indonesia\u27sfirm stance was demonstrated by not ratifying the Convention on the Status of Refugees, Indonesia still adheres to the principle of non-refoulement. The implementation of the non-refoulement principle inIndonesia is still weak because Indonesia itself has not ratified the 1951 Refugee Convention and the 1967 Additional Protocol
ANALISIS YURIDIS PEMBATALAN MEREK “PENTAKOSTA” BERDASARKAN UNDANG-UNDANG MEREK DAN INDIKASI GEOGRAFIS: Juridical Analysis of the Cancellation of the \u27PENTAKOSTA\u27 Trademark Based on the Trademark and Geographical Indications Law
No full text"Pentecost" is a common term originating from the Bible centuries ago and marks a significant religious holiday for Christians, commemorating the day the Holy Spirit was bestowed upon Jesus\u27 disciples in Jerusalem, occurring fifty days since the resurrection of Jesus Christ. While Christians celebrate the resurrection of Jesus Christ with Easter, Pastor J. Sihombing sought to register the term "Pentecost" as a trademark under class 45, a registration unknown to Pastor Ev. Diane Evapora Siburian and Pastor K. Siburian, leaders of the Pentecostal Church. The court decision resulted in the trademark "Pentecost" being revoked. This article discusses the legal aspects of registering "Pentecost" as a trademark. The research conducted is normative, descriptive, utilizing secondary data processed qualitatively to draw deductive conclusions. The conclusion drawn is that "Pentecost" cannot be registered as a trademark. It does not denote a product or service but rather references a Christian religious day and is part of a movement/branch within Christianity
KEWENANGAN PEMERINTAH PROVINSI SEBAGAI BADAN PUBLIK DALAM MENYAJIKAN PENGELOLAAN APBD T.A. 2023 DI DKI JAKARTA: The Authority of the Provincial Government as a Public Entity in Presenting the Management of the 2023 Regional Budget in DKI Jakarta
No full textTransparency in all sectors of government work programs is a very important element because it is directly related to public trust. In budget matters, where the main key must prioritize transparency, the focus of the government, in this case, the provincial government of DKI Jakarta as a Public Agency, is to present the management of the 2023 fiscal year budget (APBD) as public information. However, in reality, violations of transparency are still found within the DKI Jakarta provincial government agencies. This raises the question: what is the authority of the DKI Jakarta Provincial Government as a Public Agency in presenting the management of the 2023 fiscal year budget as public information? This research uses a normative type of study with secondary data. The nature of the research is descriptive, and conclusions are drawn deductively. From the research results, the form of authority of the DKI Jakarta provincial government in presenting the management of the 2023 fiscal year budget as public information is through a user-friendly application called the Smart Planning & Budgeting System (SPB). This platform contains information related to the budget in DKI Jakarta, allowing the public to directly participate in supervising the provincial government\u27s budget management
PENGAWASAN OTORITAS JASA KEUANGAN ATAS KEGAGALAN PENCAIRAN DANA PT EMCO ASSET MANAGEMENT: Supervisory Role of The Indonesian Financial Services Authority on Redemption Failure by PT Emco Asset Management
No full textA redemption failure has been committed by PT Emco Asset Management, especially in four equity mutual fund products that were issued and managed by the company. The supervision of investment manager companies is performed by the Indonesian Financial Services Authority (OJK) with the purpose of protecting investors. The issue to be researched is the role of supervision both preventive and repressive by OJK toward PT Emco Asset Management for the redemption failure. The type of legal research is normative, descriptive, uses secondary data that is supported by primary data, analyzes data qualitatively, and concludes with deductive logic. OJK has implemented preventive supervision by granting written instructions, but the repressive supervision is not implemented by OJK. The repressive supervision in this research is to impose administrative sanctions on PT Emco Asset Management. Therefore, OJK shall not discontinue its supervisory function towards PT Emco Asset Management
PERUBAHAN FRASA PUTUSAN OLEH HAKIM MAHKAMAH KONSTITUSI SAAT SIDANG PENGUCAPAN PUTUSAN (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 103/PUU-XX/2022): Changes in Decision Phrases by Constitutional Court Judges During the Decision Pronouncement Session
No full textThe Judges\u27 Deliberative Meeting (RPH) is a plenary meeting which is held behind closed doors and is confidential with the aim of discussing a case, making a decision and determining a verdict. With the existence of a Judges\u27 Deliberative Meeting (RPH), this will make it easier for Constitutional Justices to give opinions on submitted applications and draft decisions before they are pronounced in a decision-making hearing open to the public. The formulation of the problem in this journal is whether the change in the phrase of the decision by the Constitutional Judge at the time of pronouncing the decision is in accordance with Law Number 24 of 2003 concerning the Constitutional Court and what are the legal consequences of the change of phrase in decision Number 103/PUU-XX/2022 during the hearing decision by a Constitutional Court Judge. The type of legal research used in this research is normative legal research using secondary and primary data, analyzed qualitatively and conclusions drawn deductively. The results of this research are the change in the phrase "Therefore" to "In the future" in decision no. 103/PUU-XX/2022 is not in accordance with Article 45 paragraph (4) to paragraph (10) of Law no. 24 of 2003 concerning the Constitutional Court and has not implemented the Standard Operating Procedure (SOP) and mechanisms as the Constitutional Court decision should be read and uploaded. This means that there was an administrative error in the process of uploading the decision text to a page that can be accessed by the public and as a result of the change in the phrase of decision No. 103/PUU-XX/2022 during the announcement hearing by the Constitutional Court judges was that because the change was substantive in nature it would give rise to a different meaning and the decision that was uploaded due to an administrative error also had legal consequences for public reports and the Honorary Council\u27s examination. Apart from that, the actions carried out by the reported judge violated the Sapta Karsa Hutama or what is usually called the Code of Ethics and Behavior of Constitutional Judges
PROBLEMATIKA YURIDIS RANGKAP JABATAN APARATUR SIPIL NEGARA DENGAN PENGURUS BADAN USAHA MILIK NEGARA: Juridicial Review Problems of Concurrent Positions of State Civil Apparatus with Management of State-Owned Enterprises
No full textThe State Civil Apparatus is one of the implementing components of government which is also included as public service officials. In this case, of couse state civil service has an important role in implementing good governance in order to achieve community welfare. However, in practice the implementation of good governance is hampered by one issue, namely interlocking directorates. Interlocking directorates that occur are closely related to the ambiguity in the regulation of dual positions for state civil service and state owned enterprises administrators in statutory regulations. This research uses a normative juridicial research type, this research is descriptive in nature, the data in this research uses secondary data through literature study. Secondary data was analyzed qualitatively and conclusions were drawn using deductive methods. In this case, there are many laws and regulations related to state civil service, state owned enterprises and other decisions related to holding multiple positions that prohibit holding multiple positions, but in the state civil service law itself, it is not stated clearly about positions and consequences of hlding multiple positions which the results in holding multiple positions by several parties and as one of the reasons deemed valid for the dual posistions treatment
KEWAJIBAN ASURANSI JIWA KREDIT BAGI LESSEE DALAM PERJANJIAN SEWA GUNA USAHA: Life Insurance Requirement In Finance Lease Agreement
No full textInsurance is a risk transfer agreement that is often used by society to this day, and is also used by leasing companies to reduce the risk of default that may occur in leasing financing activities. However, leasing companies often require prospective financing recipients to insure their lives. Is there an obligation for life insurance for the lessee in the main lease agreement? This is the core issue that will be addressed. This research uses a normative type with a descriptive nature, by qualitatively analyzing secondary data including primary legal materials and secondary legal materials directly related to insurance law and financing law obtained through visits to the Trisakti University Faculty of Law Library and internet searches. Credit life insurance is categorized as voluntary insurance that prioritizes the agreement of the parties in concluding the insurance, so the insurance obligation stipulated in a Lease Agreement is a mistake against the fulfillment of the halal causa requirement and the principle of freedom of contract, which results in the Lease Agreement being null and void by law, and the lessee is not required to have life insurance. The Leasing Company (lessor) can only offer the prospective lessee the option to choose credit life insurance or not
MODIFIKASI LAGU “RAYUAN PEREMPUAN GILA” DENGAN FORMAT REMIX PADA TIKTOK BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA TAHUN 2017 TENTANG PEMILIHAN UMUM: The Modification of “Rayuan Perempuan Gila” Song Into Remix Format on TikTok Platform Based on CopyrightAct Number 28 of 2014
No full textSongs are objects protected by copyright, with the development of technology there can be copyright violations against songs, namely in the form of song modifications without the author\u27s permission which have detrimental impacts. This research discusses violations of copyright law related to the modification of the song "Rayuan Perempuan Gila" on TikTok based on Law Number 28 of 2014 concerning Copyright and what actions can be taken regarding copyright violations. This research uses a normative research method with descriptive research characteristics, the data used is secondary data as the main data, analysis uses qualitative methods and conclusions are drawn using deductive methods. Based on the research results, the song "Rayuan Perempuan Gila" which has been modified with a remix format and uploaded on TikTok is included in a violation of copyright law in terms of moral and economic rights because it creates a loss for the creator and/or copyright holder as well as actions that can be taken by creators and/or copyright holders regarding copyright violations, namely by submitting a complaint to the Directorate General of Intellectual Property Rights (DJKI) in collaboration with the Ministry of Communication and Information (Kemenkominfo) to carry out executions of copyright violations. Therefore, the author recommends that the perpetrator of the modification should ask permission from the creator to modify the song and upload it to TikTok
PENYALAHGUNAAN PERUNTUKAN RUANG TERBUKA HIJAU UNTUK BISNIS KULINER (STUDI KASUS DI PLUIT JAKARTA UTARA): The Misuse of Green Open Space Designation for Culinary Business (Case Study in Pluit North Jakarta)
No full textA debtor who is experiencing financial difficulties and cannot pay their loans or arrears is declared bankrupt by the Commercial Court. In the case of workers \u27status bankruptcy, it is necessary to pay attention to whether the termination of the employment relationship can be carried out one-sidedly and whether the workers\u27 wages, severance pay, and length of service compensation should all be taken into account and the cost of compensation rights due to the many discrepancies in the provisions of the bankruptcy law, PKPU, and labor law. The main question is how PT KIA Indonesia Motor is responsible for its employees to coincide with law No. 37 of 2004 on Insolvency and deferral of loan or delinquent payments, and how employees who are insolvent by the Act are legally protected. Normative legal research with secondary data is this type of research supported by preliminary evidence. Research is descriptive and reaches conclusions through deductive reasoning. The results showed that the separatist creditors are below the preferred creditors in the position of wage workers