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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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PELANGGARAN HUKUM OLEH KOMISI PEMILIHAN UMUM SUMATERA BARAT DALAM PEMILIHAN UMUM CALON ANGGOTA DEWAN PERWAKILAN DAERAH TAHUN 2024: Violations of the Law by the West Sumatra General Election Commission in the 2024 General Election of Regional Representative Council Candidates Stefania Apriliani Armaya; Ferry Edwar
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.v7i4.23272

Abstract

General elections are the primary means of upholding citizens' political rights in Indonesia's democratic system. This paper examines administrative violations committed by the West Sumatra General Elections Commission (KPU) in the 2024 Regional Representative Council (DPD) Election. The problem formulation analyzed includes the forms of administrative violations by the KPU and their impact on legal certainty and the protection of political rights of election participants. The research uses a normative legal method with a legal principles approach, where data is collected through document studies and analyzed qualitatively using deductive techniques. The results show that the KPU's action in not including Irman Gusman in the DCT constitutes a violation of the code of ethics and election administration, which is then exacerbated by non-compliance with the PTUN decision ordering the restoration of Irman Gusman's rights. The discussion highlights how these violations create legal uncertainty, undermine public trust, and threaten election integrity. In conclusion, administrative violations by the West Sumatra KPU have violated the principles of justice and the rule of law, thus requiring strict sanctions to ensure that elections are fair, transparent, and respect the constitutional rights of every citizen.
PERAN KEPALA DAERAH DALAM MENYELENGGARAKAN PENDIDIKAN DASAR DI KOTA CIMAHI TAHUN 2023: The Role Of The Regional Head In Organizing Basic Education In Cimahi City In 2023 Ficky Sarwafatta Afganisya; Reni Dwi Purnomowati
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.v7i4.23276

Abstract

The implementation of primary education in Cimahi City in 2023 raises issues related to the exercise of the Regional Head’s authority within the framework of regional autonomy. This is due to a gap between the policies stipulated in Regional Regulation of Cimahi City Number 8 of 2021 concerning the Implementation of Education and their practical implementation in the field. The research problems formulated in this study are: how does the Regional Head play a role in administering primary education in Cimahi City in 2023? and what obstacles are encountered in its implementation? This study employs a normative juridical method using statutory and case study approaches. The findings and conclusions show that Regional Regulation Number 8 of 2021 provides a clear and firm legal foundation for the administration of education. However, its implementation still faces several obstacles, such as limited budget allocation, shortage of teaching personnel, inadequate educational infrastructure, and weak cross-sectoral coordination
PEMBATALAN SERTIPIKAT AKIBAT TUMPANG TINDIH PEMILIKAN TANAH (STUDI DI WILAYAH KELURAHAN SIMPANG TIGA KECAMATAN BUKIT RAYA RIAU): Cancellation of Certificates Due to Overlapping Land Ownership (Study in Simpang Tiga Village, Bukit Raya District, Riau) Shakila Arivia Azhari; Novina Sri Indiraharti
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.v7i4.23278

Abstract

This study aims to analyze the cancellation of land certificates due to overlapping ownership in Simpang Tiga Subdistrict, Bukit Raya District, Riau, based on the applicable laws and regulations in Indonesia. The research problem focuses on whether the issuance of Right of Use Certificates No. 619 and 52, as well as Ownership Certificate No. 13725, was in accordance with Indonesian legal provisions. Using a normative qualitative approach, this research examines the prevailing regulations, the procedures for certificate cancellation, and the social impacts arising from the land dispute. Through a case study and in-depth interviews with relevant parties, the study identifies the factors that led to the overlapping ownership, the obstacles encountered in the certificate cancellation process, and the efforts made to resolve the issue. The findings indicate that the issuance of Right of Use Certificates No. 619 and 52 and Ownership Certificate No. 13725 was legally flawed, as it was carried out without revoking the previous rights and without proper public notification, thereby constituting administrative defects.
PENJATUHAN DUA PIDANA POKOK BAGI PERANTARA PENGEDAR NARKOTIKA OLEH ANAK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012: Imposition of Two Principal Penalties for Child Intermediaries of Narcotics Dealers Based on Law Number 11 of 2012 Nabilah Aini; Mutiwijaya, Vience Ratna
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.v7i4.23298

Abstract

The imposition of criminal sanctions against a 17-year-old child acting as an intermediary in a narcotics transaction was based on Article 112 of Law Number 35 of 2009 on Narcotics, as seen in Decision Number 00/Pid.Sus-Anak/2022/PN CRP. In this decision, the judge imposed two principal punishments. The main issue discussed in this paper is whether the imposition of two principal punishments is in accordance with Law Number 11 of 2012 on the Juvenile Criminal Justice System. This research uses a normative juridical method through literature study, with a descriptive-analytical approach and deductive reasoning. The results show that imposing two principal punishments on a child contradicts Article 71 of Law Number 11 of 2012, which stipulates that only one type of principal punishment may be imposed on a child. Furthermore, restorative justice cannot be applied in this case because the offense carries a sentence exceeding seven years, as regulated in Article 112 of the Narcotics Law. In conclusion, the imposition of two principal punishments on the child in this decision is inconsistent with the provisions of the Juvenile Criminal Justice System and violates the principles of child protection in criminal proceedings.
HILANGNYA HAK-HAK ANAK KORBAN PEMERKOSAAN AKIBAT PUTUSAN BEBAS TERHADAP PELAKU: The loss of Rights of Child Victims Due to the Perpetrator’s Acquittal Decision Insan Kamil; Wahyuni Retnowulandari
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.v7i4.23370

Abstract

The fact of the loss of children's rights as victims of rape has occurred as a result of the acquittal in Decision No. 22/JN/2021/MS. Aceh. By law, children who are victims of rape should be entitled to the fulfillment of rights guaranteed through recovery, among others, in the form of restitution, rehabilitation, and psychological recovery. This research problem is whether there is a violation of the rights of child victims of rape in Decision No. 22/JN/2021/MS. Aceh? The research method employed is a normative juridical and descriptive analytical approach, utilizing secondary data, and the data are analyzed qualitatively. The results of the discussion and conclusions show that the acquittal of the perpetrator resulted in the loss of the rights of child victims, which include the rights to justice, security, privacy, rehabilitation, physical and psychological protection, as well as the right to live, grow, and develop optimally.
UPAYA DAN BUDAYA PERLINDUNGAN PEREMPUAN TERHADAP HONOR KILLING DI MASYARAKAT PAKISTAN DALAM HUKUM INTERNASIONAL: Efforts and Cultural Frameworks for the Protection of Women from Honor Killings in Pakistani Society under International Law Angel June Anabelle; Ayu Nrangwesti
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.v7i4.23414

Abstract

Honor killing is a form of gender-based violence that persists in Pakistan, where women are murdered by family members for allegedly dishonoring the family. Although the Pakistan Penal Code has been amended to criminalize this practice, its enforcement remains weak due to patriarchal culture, tribal influence, and legal loopholes in the qisas and diyat mechanisms that allow impunity for perpetrators. The problem formulation in this study aims to examine the extent to which Pakistan’s legal framework on honor killings aligns with international human rights principles, particularly the ICCPR and CEDAW. The research adopts a normative juridical method with a legal synchronization approach, using literature review and qualitative analysis of domestic laws and international instruments. The result of this study indicate that despite legislative efforts, protection for women remains ineffective due to weak law enforcement, underreporting, and the dominance of customary norms. This situation violates the state’s obligation to guarantee the right to life and the principle of non-discrimination. The study concludes that comprehensive legal reform, stronger enforcement, and transformative social change are urgently needed to eliminate honor killings and to ensure genuine protection of women’s rights.
IMPLEMENTASI KEWAJIBAN PRASARANA, SARANA, DAN UTILITAS UMUM OLEH PENGEMBANG DALAM PERSPEKTIF PERLINDUNGAN KONSUMEN: Implementation of Infrastructure, Facilities, and Public Utilities Obligations by Developers in The Perspective of Consumer Protection Samuel Christian; Renti Maharaini Kerti
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.v7i4.23426

Abstract

Based on Law No. 1 of 2011, Government Regulation No. 12 of 2021, Minister of Home Affairs Regulation No. 9 of 2009, Bogor Regency Regional Regulation No. 7 of 2012, Bogor Regent Regulation No. 7 of 2012 regulates Infrastructure, Facilities, and Public Utilities (PSU) in housing and residential areas, one of which is the submission of PSU from developers to local governments. The issues raised are how the implementation of the provisions of Infrastructure, Facilities, and Public Utilities in Cluster Pasadena Sentul City Housing and the efforts of the housing office if the developer has not implemented these provisions. The author uses normative research methods with descriptive analysis and the type of data using secondary data supplemented by primary data.  This research uses qualitative analysis research and deductive inference from general to specific. The results and conclusions of the article, namely the implementation of the PSU submission provisions pursued by the Bogor Regency DPKPP are needed to ensure that developers comply with regulations. Developers who do not submit PSUs to the local government can be subject to administrative and criminal sanctions. It aims to protect consumer rights, so that they can enjoy a decent residential environment without undue cost burden.
KOMPARASI KETENTUAN PERKAWINAN POLIGAMI ANTARA HUKUM INDONESIA DAN  PAKISTAN: Comparation of Legal Provisions of Polygamy Marriage in Indonesia and Pakistan Renata Nova Novitasari; Yunita Sugiastuti, Natasya
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.v7i4.23436

Abstract

The sentence in Article 1 of Law No.1/1974 “... between a man and a woman ...” shows principle of monogamy in marriage, emphasized in Article 3 (1) of Law No.1/1974. However, this monogamy principle is not absolute, based on Article 3 (2) of Law No.1/1974, if desired, a husband may have more than one wife. The problem formulation in this study is to provide description of requirements that must be met to conduct a polygamous marriage based on positive law in Indonesia and Pakistan. The type of research is normative, using secondary data, analyzed qualitatively and drawn conclusions deductively. The results and the conclusion shows that  1) the similarity of polygamy provisions in Indonesia and Pakistan, namely requiring permission from authorized official, permission from wife/wives, there are reasons for polygamy applications, paying attention to the value of justice, there are sanctions against violations of the provisions. 2) The differences are that in Indonesia, the ability to be fair requires financial proof, while in Pakistan, the proof is done through testimony from the applicant's representative, wife or wives; in Pakistan, violations of polygamy requirements are in form of fines and imprisonment. Whereas in Indonesia, the only sanction is a fine.
MUTASI KERJA APARATUR SIPIL NEGARA: Job Transfer For State Civil Appartus Melanie Putria Maharani Hartono; Andari Yurikosari
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.v7i4.23473

Abstract

The job reassignment (mutasi) of Civil Servants (ASN), particularly in cases involving demotion, is one of the key instruments in personnel management, as regulated under the National Civil Service Agency Regulation Number 5 of 2019 and other relevant laws and regulations. The research problem focuses on the implementation of ASN job reassignments involving demotionspecifically whether such reassignments are based on the principle of justice as mandated by Indonesia’s positive law, and aims to identify the obstacles encountered in its execution. This study employs a normative legal method with statutory and case approaches, using secondary data as the primary source, which is analyzed qualitatively and concluded deductively. The findings indicate that ASN job reassignments, particularly those involving demotion, often fail to comply with existing regulations both in terms of employee welfare and adherence to administrative procedures. The main challenges identified include a lack of transparency in the process, disharmony between institutional policies, and decisions that are misaligned with the employees’ professional needs. To ensure a fair implementation of job reassignment, it is necessary to strengthen oversight mechanisms, clarify procedures, and provide legal protection for civil servants adversely affected by such decisions.
PENERAPAN PROGRAM BINA LINGKUNGAN BADAN USAHA MILIK NEGARA BERBASIS PEMBERDAYAAN MASYARAKAT PADA ANGKASA PURA INDONESIA CABANG SOEKARNO HATTA: Implementation of State Owned Enterprises Community Development Program Based on Community Empowerment at Angkasa Pura Indonesia Soekarno Hatta Irindita Tiarasari; Sri Bakti Yunari
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.v7i4.23475

Abstract

The community development program, as part of the Partnership and Community Development Program (PKBL), represents one of the SOE’s contributions, aiming to empower and enhance the quality welfare of the surrounding community. This program is an implementation of Article 88 of Law Number 19/2003 about State-Owned Enterprises. The research problem is how the community development program based on community empowerment is implemented by PT Angkasa Pura Indonesia Soekarno Hatta Airport Branch Office. This following research applies normative juridical research type with descriptive research nature. The data utilized include secondary data supported by primary data, obtained through literature studies and interviews. The analysis is conducted qualitatively to evaluate the programs implementation includes the challenges encountered, and its impact on the community, with conclusions drawn deductively. The research findings that the implementation of the program has been reasonably effective thus far. However, there are challenges, including dissatisfaction among the community regarding the assistance provided. Nonetheless, the program's impact has yielded positive effects for both the community and the company.

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