Acta Law Journal

Hak Waris Anak Perempuan dalam Pewarisan Lingkungan Masyarakat Adat Tionghoa

Devianty Apriliani Kudadiri, Angel Ivana Novitasari br Tumangor, Novi Yanti — Tue, 12 Dec 2023 00:00:00 +0700

In the Chinese community, in the distribution of inheritance according to Chinese custom, sons are given priority over daughters. The problem is what is the inheritance system in Chinese society, the position of daughters in inheritance in Chinese customary law. What are the Inheritance Rights of Girls in Inheritance in the Chinese Indigenous Community? The purpose of this research is to know and understand the inheritance system in Chinese society, the position of girls in inheritance in Chinese customary law, the inheritance rights of girls in inheritance in traditional Chinese society. The type of research used is empirical juridical, descriptive analytical research. Sources of legal materials used are primary legal materials and secondary legal materials. Data collection uses library research and field studies. The data analysis used is qualitative analysis. The inheritance system in Chinese society is from the top line of family relationships, namely sons, the inheritance system is given to sons, woman are not heirs because women marry along with their husbands. The position of daughters in the division of inheritance in Chinese customary law is that sons still have priority in the division of inheritance. They still use the prevailing Chinese customs where men have privileges and a higher position as successors to the clan, inheritance when their parents die becomes their right man. Daughters have no right to inheritance.

Pemegang Pengalihan Atas Hak Tagih Tertulis (Cessie) Dalam Permohonan Penundaan Kewajiban Pembayaran Utang Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan PKPU (Analisa Putusan: No.16/Pdt.Sus–PKPU/2017/PN.Niaga/Jkt.Pst)

George Jan Christian Zherman Saragih, Sunarmi, Robert — Tue, 12 Dec 2023 00:00:00 +0700

The transfer of receivables for written collection rights is called Cessie. The legal arrangements regarding cessie are regulated explicitly in Article 613 of the Civil Code. Generally, the granting of the right to collect is often in debt-receivable disputes. Transfer of rights from the old creditor (cedent) to the new creditor (cessionaris) over the debtor (cessus). Disputes over debts in the business world are commonly experienced by every legal subject including business entities. The problem of debts is a slick and complicated problem to find a solution to these conditions. The intensity of the need for funds in carrying out company operations can bring two things, namely profit and loss. (However, in practice, the transfer of receivables for written collection rights under the cessie scheme is often disputed by legality and validity, or the process that occurs so that the transfer of rights to collect debts that have matured becomes an obstacle in applying for a new Creditor PKPU (cessionaris ) is also hampered and difficult to be able to fulfill his right to repayment of debts of debtors. Legal protection is required to touch not only on the part of the debtor either preventing the collateral property from being insolvented but the legal protection of the creditor.
This research was conducted using secondary data obtained from primary legal materials such as analyzing laws and regulations related to the title of this thesis. Secondary legal materials such as books, various magazines, literature and articles.
Right to collect receivables in writing with the cessie scheme in its development in the business world often raises questions about the legal protection of creditors after transferring their collection rights to other creditors. The transfer is followed by the condition of levering and official written notice (betekkning) to the debtor that the transfer of the right to collect the right to collect. The application of cessie is then combined in a dispute over debt receivables when there is a PKPU application for the situation of insolvency of the debtor so that it neglects to pay off its debts.

Penyelesaian Sengketa Konsumen Antara Alvarendra Ataya Anas Dengan PT Citra Van Titipan Kilat (TIKI) (Analisa Putusan Mahkamah Agung No. 175K/Pdt.Sus-BPSK/2021)

Ganesti Gebryella Manullang, Dedi Harianto, Aflah — Tue, 12 Dec 2023 00:00:00 +0700

The implementation of goods delivery carried out by PT Citra Van Titipan Kilat (TIKI) as a provider of goods delivery services does not always run smoothly. As happened in BPSK Bekasi City Decision No. 011/REG/BPSK-BKS/2020, The formulation of the problems in this journal, namely how is the regulation of consumer dispute resolution in goods delivery service disputes in Indonesia, how is the responsibility of the goods delivery service business actor for consumer losses due to negligence that occurs in the goods delivery service business in Supreme Court Decision No. 175K/Pdt.Sus-BPSK/2021, and how is the analysis of considerations and judges' decisions related to the settlement of consumer disputes between Alvarendra Ataya Anas and PT Citra Van Titipan Kilat (TIKI) in Supreme Court Decision No. 175K/Pdt.Sus-BPSK/2021. The method used in writing this journal is the normative juridical method, namely library legal research, the nature of the research used is descriptive and analytical. The form of responsibility of PT Citra Van Titipan Kilat (TIKI) for consumer losses in BPSK Bekasi City Decision No. 011/REG/BPSK-BKS/2020 is in the form of administrative sanctions given to PT Citra Van Titipan Kilat (TIKI) in the amount of Rp1,000,000.00 (one million rupiah). BPSK Bekasi City Decision No. 011/REG/BPSK-BKS/2020 is in accordance with the applicable legal provisions.

Tinjauan Yuridis Sengketa Persamaan Merek Antara Starbucks Corporation Melawan PT Sumatra Tobacco Trading Company (Studi Putusan Pengadilan Negeri Niaga Nomor 51/Pdt.Sus/Merek/2021/PN Niaga JKT.PST. dan Putusan Mahkamah Agung Nomor 836K/Pdt.Sus-HKI/2022)

Berlianda Ester Septiani, Saidin, Aflah — Tue, 12 Dec 2023 00:00:00 +0700

Brands provide a distinctive feature for goods or services of a company with goods or services of other similar companies, so brands are important for business people. The problems that will be discussed in this study are the protection of trademark rights holders according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the process of resolving disputes over trademark equality in Indonesia, as well as legal analysis of trademark dispute decisions in the Commercial District Court Decision Number 51/Pdt.Sus/Merek/2021/PN Niaga Jkt. Pst. and Supreme Court Decision Number 836K/Pdt.Sus-HKI/2022. The research method used in this research is normative legal research. This research examines document studies, which uses various secondary data such as laws and regulations, court decisions, legal theories, and can be in the form of scholars' opinions. Trademark registration applied for by the owner of the Trademark if accepted will give rise to rights to the Trademark for the owner of the Trademark who registered the Trademark to the Directorate of Intellectual Property as a form of protection of trademark rights holders. If there is a trademark dispute, the settlement can be done by litigation and non-litigation. If the Trademark owner wants to do litigation, first the Trademark owner can file a lawsuit according to the procedures of the Trademark Act 2016. However, if you want to be resolved in non-litigation, it can be done through arbitration or alternative dispute resolution in accordance with Law Number 30 Year 1999 on Arbitration and Alternative Dispute Resolution.

Existence of Estoppel Doctrines in Common Law Contracts: Challenges and Opportunities for Civil Law-Based Lawyers

Novita Sartika Elisabeth — Tue, 12 Dec 2023 00:00:00 +0700

A basic concept of contract is an object of law that is often defined as an agreement made by parties to perform duties and obligations and receive rights in return. The legal positions of parties involved in a contract are governed by contract law that is complex. It covers principles, doctrines, rights, obligations, and access to remedy regarding any breach of the contract. The complexities of the contract law are further inevitably impacted by the system of the law within a country. The principles, regulations, and legal concepts in civil law countries generally rely heavily on written forms. In contrast, common law countries based the law on precedent cases or the developments of court decisions. This fundamental difference potentially causes either challenges or opportunities for the lawyers practising outside their jurisdiction, as the application of the concepts and doctrines used are different. This paper will discuss a distinguished difference in a doctrine of contract law adopted by the common law system like Australia, which is called Estoppel, that might remain less applied in civil law countries like Indonesia.