Trijurnal E-Journal Universitas Trisakti
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OBSTRUCTION OF JUSTICE DALAM PERKARA KORUPSI YANG DILAKUKAN OLEH ADVOKAT (STUDY KASUS PUTUSAN NO. 3/Pid.Sus-TPK/2022/PN.JMB): Obstruction Of Justice In Corruption Cases Conducted By Advocates (Case Study Decision Number 3/Pid.Sus-Tpk/2022/Pn.Jmb)
No full textThe present study examines the illegal act of Obstruction of Justice perpetrated by the defendant Tengku Ardiansyah in a corruption case, as evidenced by the defendant\u27s activities in decision number 3/Pid.Sus-TPK/2022/PN. The identification problem: regarding the Republic of Indonesia Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crimes, are the defendant\u27s actions considered Obstruction of Justice? Additionally, is it the case that Decision No. 3/Pid.Sus-TPK/2022/PN.JMB, which sentenced the defendant to prison, complied with Article 21 of the prior laws. This study is normative, descriptive, and analytical, and data were gathered online, from relevant laws and regulations, and published books written by legal professionals. The result and conclusion; defendant\u27s acts, which include obstructing the course of justice, are governed in this instance by Article 21 of Law No. 31 of 1999 of the Republic of Indonesia, which is read in connection with Law No. 20 of 2001, which is about the decline of corruption crimes. When determining whether a conduct is criminal, the Jambi District Court follows the relevant laws and rules. Advocates must base their performance of their obligations on the related verdicts, provisions, and professional code of ethics—promoters who work as law enforcement officials ought to be in favor of ending criminal corruption
TINJAUAN YURIDIS TERHADAP BERAKHIRNYA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG TERHADAP PT.BUANA CHANDRA MANDIRI OLEH PT. GAJAH MAS MULIA: Judicial Review The End Of Posponement Debt Payments Obligations to PT. Buana Chandra Mandiri by PT.Gajah Mas Mulia
No full textA PKPU debtor is a debtor who delays debt repayment until able to settle matured obligations, has at least two creditors, and can be petitioned for PKPU by themselves or by a creditor. A concluded PKPU may lead to bankruptcy, as in the case of PT. Buana Chandra Mandiri under Supreme Court Decision Number 41K/Pdt.Sus-Pailit/2024 upon the petition of PT. Gajah Mas Mulia. This study employs a normative juridical and descriptive method using a qualitative approach. In this case, the end of PKPU caused PT. Buana Chandra Mandiri’s assets to be transferred as bankruptcy assets. Conversely, the PKPU petition by PT. Gajah Mas Mulia was rejected by the Surabaya Commercial Court due to insufficient assurance of repayment. The identified problem in this study is the inconsistency between the court’s decision and the provisions of the Bankruptcy and PKPU Law, particularly Articles 268, 280, 281, and 289, as the peace proposal was denied and the voting process failed to meet quorum. Based on the results and conclusion of the study, it is concluded that the judges’ ruling in this case contains legal errors and is considered an obscure libel, thus not in accordance with bankruptcy law principles
PERLINDUNGAN KONSUMEN TERHADAP KEAMANAN DATA PRIBADI DI SEKTOR PERDAGANGAN ONLINE (STUDI TERHADAP KEBOCORAN DATA KONSUMEN SHOPEE): Consumer Protection Against Personal Data Security in the Online Trade Sector (Study of Shopee Consumer Data Leak)
No full textPersonal data theft is a form of cybercrime that is rampant in Indonesia, especially with the main target of the e-commerce sector. The identification of this research problem, namely: how is the legal protection of Shopee consumers\u27 personal data based on Law No. 8 of 1999 concerning Consumer Protection (UUPK) and how is the responsibility of business actors in the event of a Shopee consumer data leak according to the provisions of the UUPK. This research uses normative juridical methods, descriptive in nature, data collected through literature studies and interviews, analysed qualitatively, and deductive conclusions. The results showed that the GCPL guarantees consumers\u27 rights to obtain comfort, security, and safety in utilising the services offered by business actors. This is reinforced by Minister of Communication and Informatics Regulation No. 20/2016 on the Protection of Personal Data in Electronic Systems which gives consumers the right to file reports and demands to the competent authority in the event of a violation of personal data. The author recommends that the Ministry of Communication and Digital (Komdigi) take concrete steps in the form of temporary suspension of transaction activities on platforms proven to violate personal data protection
PERLINDUNGAN HAK KONSUMEN ATAS JASA PENYEDIAAN AIR OLEH PERUMDA AIR MINUM DANUM TAKA DI PENAJAM PASER UTARA, KALIMANTAN TIMUR: Protection Of Consumer Rights To Water Supply Services By Perumda Air Minum Danum Taka In Penajam Paser Utara, East Kalimantan
No full textThe community has the right to use water as regulated in Article 8 of Law No. 17 of 2019 concerning Water Resources. One of the government\u27s efforts to manage water resources in Penajam Paser Utara Regency, East Kalimantan is by forming Perumda Air Minum Danum Taka. Of course, in managing the clean water, Perumda Air Minum Danum Taka refers to Permenkes No. 2 of 2023 concerning Implementation Regulations of Government Regulation No. 66 of 2014 concerning Environmental Health. Despite these regulations, the public often complains about the unfit quality of clean water, so that consumer rights in Article 4 of Law No. 8 of 1999 concerning Consumer Protection are not fulfilled. So the identification problem that arises is how the protection of consumer rights due to losses experienced due to the lack of clean water quality provided by Perumda Air Minum Danum Taka. The results and conclusion of this study state that consumer protection provided by Perumda Air Minum Danum Taka has not been carried out optimally. Efforts that can be made by consumers are by settlement through BPSK or filing a class action lawsuit, in accordance with Article 45 Paragraph (1) of the Consumer Protection Law
ANALISIS YURIDIS TENTANG ALAT BUKTI KETERANGAN TERDAKWA YANG DISUMPAH SEBAGAI SAKSI MAHKOTA (STUDI PUTUSAN NOMOR 286/PID.B/2024/PN JKT UTR): Juridical Analysis Of The Evidence Of The Defendant Who Was Sworn As A Crown Witness (Case Study Number 286/PID.B/2024/PN JKT UTR)
No full textIn the development of the judiciary, crown witness testimony often becomes a subject of debate as it contradicts the principle of non-self-incrimination. This study identification problem the evidentiary strength of testimony given by defendants sworn in as crown witnesses in the North Jakarta District Court Decision Number 286/Pid.B/2024/PN Jkt Utr. The research employs a normative juridical method with a descriptive approach, the data type uses secondary data with primary legal materials and secondary legal materials, and conclusions are drawn using deductive reasoning. The analysis results and conclusion show that the crown witness testimony provided in this case lacks valid evidentiary strength, violates the principles of the Indonesian Criminal Procedure Code (KUHAP), and contravenes the ICCPR, which has been ratified through Law Number 12 of 2005. This underscores the importance of adhering to the principle of due process of law in Indonesia\u27s criminal justice proceedings
PEMENUHAN PEMBERDAYAAN PEREMPUAN BERDASARKAN PASAL 14 CEDAW DALAM UPAYA MENINGKATKAN EKONOMI KELUARGA MELALUI EKONOMI KREATIF (STUDI KASUS DI DASA WISMA RW 13 PONDOK KELAPA): Fulfillment of Women\u27s Empowerment Based on Article 14 Cedaw in Efforts to Improve the Economy Families Through A Creative Economy (Case Study at Dasa Wisma Rw 13 Pondok Kelapa)
No full textGender equality is an effort to ensure that women and men have equal opportunities and conditions. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted in Indonesia through Law No. 7 of 1984. However, Indonesia realizes that discrimination against women remains strong in various fields of development. The problem raised in this study is the implementation of Article 14 of CEDAW and the efforts needed to encourage the fulfillment of women’s entrepreneurship in Dasa Wisma RW 13 Pondok Kelapa through the creative economy. This study applies a socio-legal research type based on secondary data with a descriptive analytical nature. The results show that Article 14 of CEDAW has not been implemented in empowering women in the field of creative economy in Dasa Wisma RW 13, and women entrepreneurs there do not understand or know their rights, even though those rights are clearly provided under Article 14 of CEDAW. Efforts carried out to encourage the fulfillment of women’s businesses in Dasa Wisma RW 13 Pondok Kelapa through the creative economy include conducting outreach related to the creative economy, government facilitation of developing marketing systems for creative economy products based on intellectual property, and community support to help women entrepreneurs so that they can understand and not face difficulties in entrepreneurship through the creative economy
KEMELEKATAN HAK EKONOMI AHLI WARIS TERHADAP KARYA DARI PENCIPTA YANG TELAH MENINGGAL DUNIA: Legal Attachment of Economic Rights to Heirs in Relation to the Intellectual Works of Deceased Creators
No full textUpon the death of an individual, their legal rights and obligations do not extinguish but are transferred to their heirs in accordance with prevailing inheritance laws. In the Indonesian legal system, inheritance is governed by a pluralistic framework that incorporates both religious and civil law. Copyright, as an exclusive right granted to creators over their original works in the fields of art, literature, and science, is recognized as inheritable property. Despite its intangible nature, copyright possesses economic value and is therefore classified as part of the deceased’s estate. Conflicts often arise among heirs concerning the division and control of copyrighted works, particularly in sectors such as the music industry, which play a vital role in Indonesia\u27s cultural and economic landscape. This study addresses two central research questions: (1) To what extent do economic rights remain attached to a creator’s work posthumously? and (2) What legal protections are afforded to heirs with respect to these economic rights?
The findings reveal that economic rights associated with copyrighted works constitute intangible assets within the broader category of intellectual property. These rights are automatically transferred to the legal heirs upon the death of the creator, as stipulated by Indonesia’s Copyright Law (Law No. 28 of 2014) and relevant inheritance law, without necessitating any additional legal formalities. Consequently, copyright is legally recognized as a valid object of inheritance, enabling heirs to exploit, assign, or derive economic benefits from the work. Establishing clear and consistent legal frameworks for the inheritance of copyright is crucial in ensuring legal certainty and safeguarding the rights of heirs, thereby preventing potential disputes
KETIDAK SELARASAN ATURAN PEMBERIAN WILAYAH IZIN USAHA PERTAMBANGAN KHUSUS TERHADAP BADAN USAHA MILIK ORGANISASI KEMASYARAKATAN KEAGAMAAN: Inconsistencies in the Regulation of Special Mining Business Permit Allocation to Business Entities Owned by Religious Community Organizations
No full textIn the history of mining management in Indonesia, the government first opened the opportunity by granting Special Mining Business License Areas (WIUPK) to business entities owned by religious mass organizations. This article\u27s study shows that there is no regulation in
Law Number 3 of 2020 concerning the amendment to Law Number 4 of 2009 on Mineral and Coal Mining (“Law Number 3 of 2020”) and the Omnibus Law Number 11 of 2020 (“Job Creation Law”) regarding the granting of WIUPK to Business Entities Owned by Religious Mass Organizations (Business Entities of Religious Organizations). However, Government Regulation Number 25 of 2024 (GR Number 25 of 2024), which amends Government Regulation Number 96 of 2021 concerning the implementation of coal mining activities, provides for the granting of WIUPK to Religious Mass Organizations. This government policy raises serious questions regarding the inconsistency between the laws and the implementation of WIUPK granting to business entities of religious organizations, as well as the legal basis for granting WIUPK to religious mass organizations, especially since, in the legal hierarchy, such provisions are not aligned. This misalignment may lead to negative implications in the implementation of the regulation and set a poor precedent for the granting of WIUPK for both mineral and coal commodities. This study also employs normative legal methodology using two approaches: the conceptual approach and the statute approach. Therefore, it is important to ensure consistency across all levels of regulation, from the highest-ranking laws to the implementing regulations, so that legal enforcement can be carried out effectively
WARISAN TANAH AKIBAT PERKAWINAN CAMPURAN DALAM PERSPEKTIF HUKUM POSITIF INDONESIA
No full textThis article examines the legal consequences of land ownership rights for heirs born from mixed marriages between Indonesian citizens and foreign nationals within the framework of Indonesia’s positive law. The study focuses on the issue of limited dual citizenship held by children from mixed marriages and its implications for inherited land ownership. According to the Basic Agrarian Law No. 5 of 1960, land ownership rights can only be held by Indonesian citizens; thus, a child who opts for foreign citizenship must relinquish such rights within a specified period. This research explores the overlap between agrarian law, citizenship law, and inheritance law, and compares it with Australia’s more flexible legal approach to foreign land ownership. Findings reveal that while Indonesia’s nationality-based land ownership restrictions aim to safeguard agrarian sovereignty, they may result in legal inequities for children of mixed marriages. The study recommends regulatory reform to provide legal certainty and protect inheritance rights without undermining the principle of nationalism
ANALISIS BAHAYA KESEHATAN KERJA PADA WARUNG SEMBAKO DI KRENDANG, JAKARTA
No full textPengabdian kepada Masyarakat di warung sembako bertujuan meningkatkan keselamatan dan kesehatan kerja di sektor industri mikro. Aktivitas yang dilakukan berupa penilaian risiko kesehatan dan keselamatan kerja di industri mikro warung sembako. Metode yang digunakan meliputi observasi, wawancara, dan penilaian risiko Kesehatan menggunakan matriks 4x4. Hasil menunjukkan bahwa warung sembako menghadapi risiko kesehatan kerja yang beragam, paling tinggi adalah risiko bahaya kerja ergonomi. Simpulan dari pengabdian ini adalah pentingnya intervensi preventif dan edukasi tentang kesehatan keselamatan kerja untuk mengurangi risiko penyakit akibat kerja dan kecelakaan kerja