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Narita Adityaningrum
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INDONESIA
Reformasi Hukum Trisakti
Published by Universitas Trisakti
ISSN : -     EISSN : 2657182X     DOI : https://doi.org/10.25105/refor
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law International Law Labour Law Family Law Land Law Constitutional Law Criminal Law Etc
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 1,070 Documents
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ANALISIS HUKUM PEMILIHAN DEKAN FAKULTAS KEDOKTERAN UNSRAT TAHUN 2023 DALAM PERSPEKTIF UNDANG-UNDANG ASN NOMOR 20 TAHUN 2023: Legal Analysis of the 2023 Election of the Dean of the Faculty of Medicine, Unsrat, from the Perspective of the ASN Law Number 20 of 2023 Mezzaluna Adelya Litty; Primananda, Eko
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.v7i4.22944

Abstract

The election of the dean of the Faculty of Medicine, Sam Ratulangi University has a dispute that resulted in a legal debate regarding the implementation of procedures and requirements in the election of positions in state universities. This dispute has issues that are quite interesting, especially in the context of Law Number 20 of 2023 concerning the State Civil Apparatus. The formulation of the problem in this study is What are the legal problems in the election of the dean of the Faculty of Medicine, Sam Ratulangi University? How is the legal analysis of the procedure for selecting the dean of the Faculty of Medicine, Sam Ratulangi University? The method used is normative legal research with a statutory approach and case studies. The results of the discussion and conclusions show that the 2023 ASN Law provides a clear and firm legal basis regarding the requirements for ASN positions, including age requirements in the election of positions in state universities. The dispute was brought to the State Administrative Court and the decision indicated violations committed by the rectorate and one of the candidates for dean elected in the election of the dean of the Faculty of Medicine, Sam Ratulangi University.
PEROLEHAN SATUAN RUMAH SUSUN DI ATAS TANAH HAK GUNA BANGUNAN OLEH PASANGAN SUAMI ISTRI YANG BERBEDA KEWARGANEGARAAN: Acquisition Of A Flat Unit On Land Use Right By Married Couple Of Different Nationality Aris Dwi Saputro; Anda Setiawati
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.v7i4.22949

Abstract

A prenuptial agreement must be executed by a married couple of different nationalities in order to acquire and control ownership of a condominium unit constructed on land with HGB. A legal issue arises due to the fact that not all such couples have entered into a prenuptial agreement. The legal issues formulated in this research are: (1) How is the ownership of condominium units by foreign citizen regulated? and (2) how can a married couple of different nationalities who have not executed a prenuptial agreement acquire a condominium unit? The research method used is a normative legal research, which is based on secondary data or library-based research. Based on the discussion, the conclusion is that the ownership of condominium units built on land with HGB by married couples of different nationalities is permitted, provided that the proprietary right over the condominium is not in the form of HMSRS, but rather in the form of HPSRS. A foreign individual who intends to acquire and control a condominium unit in Indonesia may only do so under a Right of Use or leasehold arrangement.
KEDUDUKAN HUKUM INDONESIA TERHADAP WILAYAH LANDAS KONTINEN DI BLOK AMBALAT BERDASARKAN UNCLOS 1982: The Legal Status of Indonesia regarding the Continental Shelf in the Ambalat Block based on UNCLOS 1982 Audrey Putri Patrecia; Yulia Fitriliani
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.v7i4.22952

Abstract

The Ambalat Block is part of the continental shelf within Indonesia's territorial waters, possessing abundant marine resources, particularly oil and natural gas. The Ambalat Block is located in the Makassar Strait, Sulawesi Sea, directly bordering Malaysia’s maritime territory. The dispute over the Ambalat Block arose when Malaysia unilaterally incorporated the area into its national map by drawing baselines from the islands of Sipadan and Ligitan. This action is contrary to the provisions of UNCLOS 1982, which stipulates that drawing baselines from outermost islands can only be conducted by archipelagic states. Therefore, the research question addressed in this article is: What is Indonesia's legal standing regarding the continental shelf in the Ambalat Block based on UNCLOS 1982? This article employs normative legal research and adopts a descriptive approach, utilizing secondary data collected through library research. The discussion and conclusions derived indicate that Indonesia, as an archipelagic state, has the right to draw baselines in accordance with Article 76 of UNCLOS 1982, which governs the continental shelf. In resolving the dispute, Indonesia applies the double-line theory to determine its maritime boundaries, grounded in the principle of equity as stipulated in Article 83 of UNCLOS 1982.
ANALISIS YURIDIS KEABSAHAN PEMBEBANAN HAK TANGGUNGAN SEBIDANG TANAH YANG DIPEROLEH MELALUI JUAL BELI (STUDI PUTUSAN NOMOR 90/PDT.G/2021/PN.JKT.SEL): Juridical Analysis of the Validity of Mortgage Encumbrance on Land Acquired Through Sale (Case No. 90/PDT.G/2021/PN.JKT.SEL) Dina Febryan; Dyah Setyorini
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.v7i4.22975

Abstract

The sale and purchase occur between the seller, who has the authority to transfer the rights to the land. The Grantor of the Mortgage Rights must have legal authority over the land object used as collateral. However, in practice, deviations occur in the implementation of the sale and purchase and the imposition of Mortgage Rights, as seen in Decision No. 90/PDT.G/2021/PN.JKT.SEL. The problem formulation is how to assess the validity of the imposition of mortgage rights on a piece of land acquired through sale and purchase in Decision No. 90/PDT.G/2021/PN.JKT.SEL. A normative juridical, descriptive-analytical method was used in this research. This study relies on secondary data from primary legal materials, which are analyzed qualitatively. Therefore, the results can be concluded deductively. The findings show that in Decision Number 90/PDT.G/2021/PN.JKT.SEL, the land was sold by a party who was not the legitimate owner, and the sale transaction was not carried out before an authorized Land Deed Official (PPAT), but only by a notary. As a result, the material and formal requirements for a valid land sale were not fulfilled. The conclusion is that all legal actions related to the land, including the sale and purchase and the imposition of Mortgage Rights, were declared invalid, and the land remains the property of the Plaintiff.
PENGATURAN JAM OPERASIONAL BAGI TRUK PENGANGKUTAN BARANG UNTUK KESELAMATAN PENGGUNA JALAN DI KABUPATEN NUNUKAN: Regulation of Operating Hours for Freight Trucks for the Safety of Road Users in Nunukan Regency Della Amalia Silawane; Siti Nurbaiti
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.v7i4.23046

Abstract

Dynamic economic development and increasing vehicle volume present increasingly critical transportation safety challenges, related to freight transport vehicles that cause serious accidents. One example is an accident involving a freight truck that indicates a violation of truck operating hours that has the potential to increase road accidents. The problem formulation in this study is How are the operating hours for freight trucks regulated for the safety of road users in Nunukan Regency? This study uses a normative method, which is descriptive in nature with secondary data as the source and primary data as supporting secondary data. Data analysis was conducted qualitatively with deductive conclusions drawn. The results of the discussion and conclusions of this study illustrate that the regulation of operating hours for freight trucks for the safety of road users in Nunukan Regency has not been regulated in Nunukan Regency Regional Regulation Number 9 of 2014 because there has not been a determination of road classes. The lack of regulations regarding truck operating hours is the cause of the high number of accidents. Therefore, more detailed regulations regarding truck operating hours and strict supervision are needed to improve traffic safety.
PRAKTIK MONOPOLI DALAM DISTRIBUSI CABAI MERAH YANG BERPOTENSI MENIMBULKAN PERSAINGAN USAHA TIDAK SEHAT DI PASAR INDUK CIBITUNG: Monopolistic Practices In Red Chili Distribution That Have Potential To Cause Unhealthy Business Competition In Cibitung Main Market Sultan Naufal Sivha; Anna Maria Tri Anggraini
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.v7i4.23090

Abstract

The current era of curly red chili trade shows the potential for unfair business competition, especially when legal provisions governing competition are not adhered to. In the Cibitung Main Market, monopolistic practices were found by middlemen in the distribution of curly red chili. This action creates market dominance that is detrimental to other business actors and consumers. This study uses a socio-legal research approach with a descriptive nature and an inductive conclusion-drawing method. The results and Conclusion of the study indicate that these monopolistic practices are contrary to the principles of healthy business competition and cause economic losses to the wider community. In addition, uncontrolled monopolies can create inequality in the food commodity distribution system. Therefore, supervision and firm action are needed from the government to prevent and follow up on forms of monopoly that are detrimental, in order to maintain fairness and stability of the agricultural commodity market in Indonesia.
PENERAPAN PRINSIP ANALISA 5C DALAM PERJANJIAN KREDIT (PUTUSAN NOMOR 90/PDT.G/2021/PN PLG): Application Of 5c Analysis Principles In Credit Agreement (Decision Number 90/Pdt.G/2021/Pn Palembang) Edgar Joseph; Dinda Keumala
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.v7i4.23146

Abstract

PT. Bank Perkreditan Rakyat Puskopat Palembang entered into a credit agreement with a debtor without optimally applying the 5C analysis principle as mandated by banking regulations. This gives rise to legal issues, particularly regarding negligence in collateral procedures and violations of regulations on the registration of security rights. The issues examined in this study are: how is the application of the 5C analysis principle in the credit agreement between PT. BPR Puskopat Palembang and the debtor based on Decision Number 90/Pdt.G/2021/PN Plg? and what are the legal consequences of failing to apply the 5C analysis principle in the said credit agreement? The legal research method employed is normative juridical research with a descriptive approach. It is concluded that there is no implementation of the 5C analysis principle in accordance with banking regulations, particularly in the matter of collateral, due to the absence of an adequate standard operating procedure for credit agreements. Furthermore, the registration of security rights by the PPAT was carried out in violation of prevailing regulations, resulting in substantial material losses for the bank.
KAJIAN YURIDIS TERHADAP ALASAN PENGAJUAN ITSBAT NIKAH BERDASARKAN KOMPILASI HUKUM ISLAM (STUDI KASUS PENETAPAN PENGADILAN JAKARTA BARAT): Juridical Studies on Marriage Validation Application Reasons in Islamic Law Compilation Perspective (West Jakarta Court Determination Case Study) Hanum Rachmi Adesti; Setyaningsih
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.v7i4.23152

Abstract

Marriage Validation is a legal process to legalize marriage that is not officially registered, aimed at providing legal certainty regarding the status of the marriage. The problem of this research examine reasons for submitting marriage validation in a Court Determination which has similar reasons but different results based on the Compilation of Islamic Law as well the extent to which the judge's considerations in  two determinations comply with the provisions in Compilation of Islamic Law. This research uses normative approach by analyzing the provisions regulated in the Compilation of Islamic Law and related laws and regulations. The results of this research indicate that Determination No. 419/Pdt.P/2023/PA.JB was rejected because administrative reasons were deemed not urgent in accordance with Article 7 paragraph (1) Compilation of Islamic Law. On the other hand, Determination No. 419/Pdt.P/2023/PA.JB was accepted for more relevant reasons, namely marriage before the enactment of Law no. 1 of 1974, in accordance with Article 7 paragraph (1) letter d Compilation of Islamic Law. The conclusion emphasizes the importance of flexibility in the application of the law to achieve justice. Improving regulations and educating the public about the importance of marriage registration is needed to protect the legal rights of married couples.
NAFKAH IDDAH? WAJIB ATAU TIDAK? Is iddah maintenance obligatory or not? Nazwa Azzahra Zoelva Manshur; Khairani Bakri
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.v7i4.23157

Abstract

Marriage is a physical and mental bond between a man and a woman as husband and wife for eternity. However, in practice many marriages end in divorce. One of the consequences of divorce is the provision of iddah maintenance. Iddah maintenance is the maintenance that must be given by the former husband to the divorced ex-wife, this is as required and regulated in religious provisions and laws in Indonesia. These provisions obligate a husband to provide iddah maintenance. However, in its implementation in the community, some ex-husbands provide iddah maintenance, but some others do not provide iddah maintenance. So that the problem is how is the implementation of the provision of iddah nafkah after the gugat talak study of decision 4175/Pdt.G/2019/JS? The result and conclusion is based on the decision, Maulana did not fulfill the provision of iddah maintenance to his ex-wife Aisyah, where Maulana's actions violated court decision No. 4175/Pdt.G/2019/PA.JS and also the provisions of the Al-Quran and existing legislation in Indonesia.
ANALISIS KESESUAIAN PENGUSAHAAN AIR TANAH OLEH PT. TIRTA INVESTAMA DI KABUPATEN BOGOR BERDASARKAN PERATURAN TENTANG SUMBER DAYA AIR: Analysis of the Compliance of Groundwater Extraction Permits by PT. Tirta Investama in Bogor Regency Based on Water Resource Regulations Bagas Arya Putra; Sri Untari Indah Artati
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.v7i4.23165

Abstract

Water has an important role as a basic human need as regulated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Provisions regarding water are regulated through Law Number 17 of 2019. The formulation of the problem is to examine the suitability of the Groundwater Business Permit held by PT. Tirta Investama in Bogor Regency. This study uses a normative juridical approach with a descriptive method based on secondary data, including a study of Law No. 17 of 2019 concerning Water Resources. The analysis was carried out qualitatively, with deductive conclusions drawn. The results of the study indicate that the Groundwater Business Permit held by PT. Tirta Investama is in accordance with applicable regulations regarding the Standards for Implementing Groundwater Extraction Permits.

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