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All Journal LAW REFORM Ensiklopedia of Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Ensiklopedia Education Review Journal of Law, Administration, and Social Science Bulletin of Community Engagement Collegium Studiosum Journal Al-MIKRAJ: Jurnal studi Islam dan Humaniora Locus Journal of Academic Literature Review Journal of Social And Economics Research Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti Innovative: Journal Of Social Science Research Al-Zayn: Jurnal Ilmu Sosial & Hukum Amicus Curiae journal of social and economic research
Ermania Widjajanti
Fakultas Hukum, Universitas Trisakti
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PERAN UNDANG-UNDANG NO 5 TAHUN 1990 DALAM MENCEGAH PERDAGANGAN SATWA LIAR YANG DILINDUNGI (STUDI PUTUSAN NOMOR 436/PID.SUS/2023/PN JKT.UTR): The Role of Law No. 5 Of 1990 Preventing Sale Protected Wildlife (Study Verdict Number 436/Pid.Sus/2023/Pn Jkt.Utr) Dava Tubagus Rahmat; Ermania Widjajanti
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23257

Abstract

The iIIegal trade in protected wiIdIife poses a serious threat to biodiversity conservation in Indonesia. For the case study used is the North Jakarta District Court Number 436/Pid.Sus/2023/PN Jkt.Utr. The question how the roIe of Law Number 5 of 1990 concerning the Conservation of NaturaI Resources and Ecosystems prevents the trade on protected wiIdIife?. This research uses normative IegaI method with descriptive-anaIyticaI approach based on secondary data. The resuIts show that the KSDAE Law provides a strong IegaI roIe in prohibiting the iIIegaI trade of wiIdIife, with criminaI penaIties stipuIating severe sanctions to provide a deterrent effect. In addition, this Iaw pIays a roIe in encouraging pubIic awareness through conservation education, but the roIe of the KSDAE Law faces chaIIenges in the form of weak Iaw enforcement, Iack of supervision, and its oId age. ConcuIsion, there shouId be IegaI reforms and more pubIic participation to support wiIdIife conservation and sustainabiIity in Indonesia.
TINDAK PIDANA MENYEBARKAN BERITA BOHONG MERUGIKAN KONSUMEN MELALUI MEDIA SOSIAL INSTAGRAM Bella Annisa Maharani; Ermania Widjajanti; Maharani, Bella Annisa
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15293

Abstract

Online fraud is when a writer accesses a website using internet services with the intention of fooling one of the people he intends to target. As a result, lawmakers must be more aggressive in punishing those who commit fraud, particularly online fraud, by having a deterrent effect on others who do so. 1) Did the Respondent's activities satisfy the criteria listed in Article 45A Paragraph (1) of the Electronic Transaction Information Law Number 19 of 2016 (Research Decision Number 1085/pid.sus/2020/PN.bdg)? This is the problem formulation for this final work; 2) How do judges penalize those who commit online fraud using the social media platform Instagram (analysis of decision No. 1085/Pid.sus/2020/PN.Bdg). With secondary data and qualitative analysis, this form of study is normative, and inferential reasoning is used to arrive at findings. Conclusion: 1) The respondent's conduct satisfy the conditions outlined in Article 45A (1); 2) based on the judge's sentencing in that case, which was based only on theory, particularly contemporary, which combines all three types of sentencing theories-absolute, relative, and a combination of the two-and must satisfy the following criteria: Deterrence, education, rehabilitation, social control, rehabilitation, restorative justice.
- ASPEK GABUNGAN PIDANA TERHADAP PELAKU PEMERKOSAAN DAN KEPEMILIKAN SENJATA (PUTUSAN NOMOR 200/PID.SUS/2021/PN.TRG): - Mohammad Yofarrel; Widjajanti, Ermania
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15849

Abstract

The defendant Cecep Sutarno was found guilty of being legally and conclusively proven to have committed the crime of rape as specified in Article 285 of the Criminal Code based on the "Decision of the Tenggarong District Court Number 200/Pid.Sus/2021/PN.Trg". In addition, the defendant broke Article 2 paragraph 1 of Emergency Law Number 12 of 1951. How is the combined crime of rape and having a stabbing weapon without a permit defined by the Criminal Code (research of Decision Number: 200/Pid.Sus/2021/PN.Trg)? is how the issue in this research is formulated. What about the penalties for  those found guilty of rape and illegally carrying a knife (Decision Study Number 200/Pid.Sus/2021/PN.Trg)? The research method is a normative legal research that is descriptive-analytic in nature as well as secondary data types assisted by primary legal materials. Study through qualitative analysis with deductive conclusion. The results of the research and discussion are a combined form of crime committed by Cecep Sutarno in the form of Concursus Idealis with punishment given using Article 63 paragraph (1) of the Criminal Code. Conclusion: The combined form of the defendant's crime is concurrence of regulations or Concursus Idealis in accordance with the provisions of Article 63 paragraph (1) of the Criminal Code. The form of punishment in this case is to use the absorption penalty system.
TINDAK PIDANA PENCUCIAN UANG SEBAGAI FOLLOW UP CRIME DARI TINDAK PIDANA PERJUDIAN (STUDI PUTUSAN NO 40/PID.SUS/2020/PN.JKT.SEL) Putri Tari Septiani; Widjajanti, Ermania
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15856

Abstract

Dirty money is a term used to describe money laundering. As is the case in the money laundering case committed by the defendants, specifically defendants I Muslimin, defendant II Kurnia, and defendant III Edi, the money was obtained through gaming and was laundered by receiving a transfer from Barta (DPO). Problem statement: Can the crime of money laundering in this instance be considered a continuation of gambling? and how may the offenders be punished criminally? Analytical descriptive research techniques are used in normative legal research. Due to the fact that they simply take pleasure in or get the proceeds of their crimes, Muslim criminals can be considered passive actors who engage in money laundering. The accused include passive actors who only accept transfers. that is, the crime of money laundering is a follow-up crime of gambling, imposing sanctions on the appropriate defendants, namely Article 5. The conclusion in the court decision in the statute was decided by using Article 10 Jo Article 3 Jo Pasal 2 ayat 1 letter t Law No. 8 year 2010, the defendants should have been dropped by Pasal 5.
- Tindak Pidana Kekerasan Dalam Lingkungan Rumah Tangga yang Tidak Menyebabkan Penyakit: - Anselmus Jefri Aldonny Pasaribu; Ermania Widjajanti
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16485

Abstract

The Batu Sangkar District Court's ruling. In violation of Article 44 Paragraph (4) of Law Number 23 of 2004, the defendant, Dandi Arisman, who is the victim's husband, assaulted the victim by kicking the body of the motorbike she was riding. Despite the victim's minor injuries, she continued to perform his job at the time. The question put up is whether it is appropriate to apply Law No. 23 of 2004's Article 44 paragraph (1) to those who commit crimes. (Decision No. 113/Pid.Sus/2021/PN BSK) and what is the judge's sanction for those who use physical force in domestic situations? The research technique makes use of normative descriptive analytical research with secondary data. The findings of the government's investigation and discussion led to the publication of Law No. 23 of 2004 as a regulation. When the defendant's conduct were compliant with Article 44, paragraph 4, of Law No. 23 of 2004, and they resulted in serious injury to the victim as well as the victim's inability to perform her job as a result of those injuries, this rule has permanent legal force. The judge's judgment is not in line with the UUPKRT, which leads to misunderstandings, according to the conclusion.
PERTIMBANGAN HAKIM DALAM TINDAK PIDANA PENGANIAYAAN DIRENCANAKAN YANG MENGAKIBATKAN LUKA BERAT Muhammad Fadhiil Yashendra; Ermania widjajanti
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16501

Abstract

In case number 94/Pid.B/2021/PN. Prn, the defendant severely abused the victim by swinging a machete and striking her in the neck once and in the back twice. As a result, the witness Rabadi was injured and bleeding, and the victim was unable to perform any tasks. The formulation of the issue is how the judge weighs various factors when rendering a decision regarding those who commit the crime of persecution intended by Article 351 paragraph (2) of the Criminal Code (Decision No. 94/Pid.B/2021/PN Prn) and whether the perpetrator's actions are in compliance with that provision. The research methodology makes use of secondary data, normative research designs, and analytical descriptive research. According to the findings of the study and discussion, the defendant was established to have committed significant abuse, which was supported by the witness's statement and intention as well as the Visum Et Repertum letter. The defendant planned her acts, as there was a deadline and he had to prepare everything. Conclusion: The defendant's actions satisfied Article 351 paragraph (2) of the Criminal Code, but they were improper in relation to that fulfillment because Article 353 paragraph (2): Criminal Code included a planning element, specifically serious maltreatment with a plan.
- ANALISIS PENYERTAAN PELAKU TINDAK PIDANA JUDI TOGEL ONLINE : - Jozevin Elizabeth; Ermania Widjajanti
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19532

Abstract

Propels within the world of data and innovation have given birth to a better approach of betting, specifically online betting. This new method gives rise to numerous troubles in revealing a web betting case, both to decide the culprit of online betting and to decide the put and time of the occurrence as well as legitimate obligation for the culprit of online betting. The detailing of the issue is what frame the culprit of the criminal act of online lottery betting takes. The inquire about strategy was carried out normatively with the nature of the inquire about utilizing expository expressiveness, the sort of information utilized was auxiliary information, subjective information investigation and conclusion drawing based on the deductive rationale strategy. The comes about of the inquire about and talk are the reality that individuals working closely together to carry out unlawful acts is the foremost critical angle, and it is conceivable that typically the greatest portion of being a portion of carrying out these acts. In this case, the shape of support utilized is the individual who took portion in carrying out the activity. The conclusion is Participation in this scenario will take the form of a Participating Person (Medepleger).
Pemidanaan Terhadap Tindak Pidana Penipuan (Studi Putusan No. 1096/Pid.Sus/2020/PN Jkt.Brt): Criminalization of the Crime of Fraud (Study Decision Number 1096/Pid.Sus/2020/PN Jkt.Brt) Adinda Putri Elin; Ermania Widjajanti
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19533

Abstract

Based on the Public Agency for Statistics, during Covid 19, Crime in Indonesia increased, the highest number of crimes in Metro Jaya was 5,115 incidents. One of them is in Decision No. 1096/Pidsus/PN Jkt.Brt, the judge charged the defendant with Article 372 of the Criminal Code on Embezzlement, but the elements were not fulfilled. The formulation of the problem of this article is how the suitability of the Sanctions imposed by the Judge's Decision is appropriate in (Study of Decision No. 1096/pid.sus/2020/PN Jkt.Brt) and how the suitability of Criminal Sanctions on the Perpetrator of the Crime of Fraud is in accordance with the objectives of punishment (Study of Decision No. 1096/Pid.sus/2020/PN Jkt.Brt). This research method uses normative juridical research which is descriptive analytical in nature, using secondary data obtained through literature studies and processed qualitatively and then drawing conclusions in a deductive manner. The results of the discussion of the defendant did not fulfill the elements of Article 372 of the Criminal Code and the punishment used retributive theory. The conclusion is that there is a discrepancy with the punishment imposed by the judge and the imposition of criminal sanctions is in accordance with the purpose of punishment.
PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA TERHADAP PELAKU PENCABULAN ANAK YANG MENDERITA DISABILITAS INTELEKTUAL (STUDI PUTUSAN NOMOR 135/PID.SUS/2018/PN BTG): The Judge's Considerations In Sentenced Criminal Against Child Abuse Offenders Suffering From Intellectual Disabilities Owen Chinua Saragih; Ermania Widjajanti
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19663

Abstract

The crime of child molestation can be committed by anyone, in this case the perpetrator of child molestation has an intellectual disability. The formulation of the problem this research is whether the judge's consideration in imposing a 5 year prison sentence on the perpetrator of the crime of obscene acts on a child who has a mental disorder is correct and what is the strength of the evidence from expert testimony on the perpetrator of the crime of an obscene act on a child who has a mental disorder. The research method is descriptive analytical with secondary data analyzed qualitatively, type of research is normative juridical. The results of the research and discussion show that the judge's considerations in this case imposed a criminal sentence of 5 (five) years on the perpetrator because the judge assumed that the perpetrator could be responsible for his actions, even though the perpetrator as in this case was mentally retarded, he was still sentenced because he was declared capable of responsibility. Conclucion case could be returned to the law regarding legal competence, eliminating the basic crime because forgiveness could given if the fraudster is unable to take responsibility (Article 44 of the Criminal Code).
Pemidanaan Terhadap Pelaku Tindak Pidana Perdagangan Orang Sebagai Mata Pencaharian (Putusan Nomor 465/Pid.Sus/2021/PN.Ktp) : Pemidanaan Terhadap Pelaku Tindak Pidana Perdagangan Orang Sebagai Mata Pencaharian (Putusan Nomor 465/Pid.Sus/2021/PN.Ktp) Matatula Zefanya Armando Doeputra; Ermania Widjajanti; Indonesia
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19723

Abstract

Law Number 21 of 2007 concerning the eradication of Criminal Acts of Human Traffcking (UU TPPO) regulates criminal acts ivolving human trafficking as a means of livelihood. The problems in this research are 1) Does the application of the provisions of Article 296 of the criminal code Article 2 of the TPPO law to perpetrators of criminal acts of human trafficking carried out as a means of livelihood in Decision Number 465/Pid.Sus/2021/PN.Ktp already in accordance with the purpose of the punishment? This research uses a normative research type with secondary data and is descriptive analytical in nature. Data analysis wa carried out qualitatively by drawing conclusions deduktively. The results and conclusions of this research are that the panel of judges wa inappropriate in using the provisions of Article 296 of the Criminal Code as a basis for consideration and decision for the criminal acts of human trafficking committed by the perperator. Furthermore, the punishment given to perpetrators of criminal acts of human trafficking which is carried out as a means of livelihood is not in accordane with the theories of punishment and criminal objectives, namely Reformation, Restraint, Retribution and Detterence (3R and 1D).
Co-Authors Adinda Putri Elin Afianiesa, Savira Agus Sugiyatmo Aisyah, Putri Romadhatul Alfianto, Dwi Amalin FP, Haekal Anna Maria Tri Anggraini Anselmus Jefri Aldonny Pasaribu Anselmus Jefri Aldonny Pasaribu Arief Baharsyah Audina, Encik Inne Alifia B, Meky Yadi Saputra Baskoro, Novi Eko Bella Annisa Maharani Bella Annisa Maharani Bimo Ilham Wibowo Bintang, Cantika Ramadhani Dava Tubagus Rahmat Dewo Wapa Soembogo Dionysius Ansel Yuswanto Emmanuela, Michele Encik Inne Alifia Audina Endang Sutrisno Faradilla, I Gusti Agung Fikarudin, Wildan Ganjar, Silawati Dayang Hamja, Hamja Hummerson, Andi Widiatno Hutami, Trisya I Gusti Agung Faradilla Indonesia Irfan Maulana Ismet Samuel Tahoran Jeremy Arnold Christian Bangun Joan Rossy Rumbiak Jozevin Elizabeth Juliani, Wenny Kabes, Irianto Kasman Ely Kolono, Sucipto Komeni, Wirdi Hisroh Lase, Sandra Putri Olivia Maharani, Bella Annisa Margaretha, Rade Dian Matatula Zefanya Armando Doeputra Mohammad Yofarrel Mohammad Yofarrel Muchamad Feisal Abduh Muhamad Amin Faiz Muhammad Fadhiil Yashendra Muhammad Fadhiil Yashendra Muhammad Fajar Wasitomo Multiwijaya, Vience Ratna Namira Kinanti Nandang Sambas Novi Eko Baskoro Nunna, Bhanu Prakash Nurjanah Nurmayana, Suri Oemyx Wynn Tratabofa Hutasoit Owen Chinua Saragih Pradipta, Firwanda Sandi Putri Tari Septiani Putri Tari Septiani R Sri Fajriah Rade Dian Margaretha Rini Purwaningsih Rofaeda Arisia Salsabila Tanjung Saiful Hananto Salsabilla Elfrida Siska Dwi Andini Sofhan, Dedi Sony Fati Crisitan Gulo Sugiyatmo, Agus Tanjung, Rofaeda Arisia Salsabila Tri Agus Suswanto Trisya Hutami Vience Ratna Multi Wijaya Vience Ratna Multiwijaya Vience Ratna Multiwijaya Wibowo, Bimo Ilham