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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 1,150 Documents
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TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERSEROAN PADA SUMMARECON BANDUNG MENURUT UNDANG-UNDANG NO 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS: Corporate Social And Environmental Responsibility Of The Company Summarecon Bandung According To Law No 40/2007 Concerning Companies Jihan Syafira; Siti Nurbaiti
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v1i2.23637

Abstract

Summarecon Bandung is a company that operates in the property development sector. As a company, Summarecon Bandung is obliged to implement the company's TJSL in accordance with Law Number 40 of 2007 concerning Limited Liability Companies. Provisions regarding TJSL are regulated in Government Regulation Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies. The problem of this research is what are the obstacles to the Implementation of Social and Environmental Responsibility (TJSL) Summarecon Bandung. The author in this research used a normative approach, descriptive in nature and analyzed qualitatively. The results and conclusion of the discussion of the obstacles to implementing TJSL at Summarecon Bandung occurred in two stages, namely the planning stage, problems with inappropriate data distribution when the program was implemented and the implementation stage, problems with communication where when making a program for one group, other groups felt neglected.
PERBANDINGAN PENGUJIAN UNDANG-UNDANG OLEH MAHKAMAH KONSTITUSI INDONESIA DAN CHILE: Comparison Of Judicial Review By The Indonesian and Chilean Constitutional Courts Natalie Gabriel Musak; Eko Primananda
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i2.24724

Abstract

One of the main authorities of the Constitutional Court in various countries is to review laws against the Constitution, including the Constitutional Court of Indonesia and the Constitutional Court of Chile. The mechanism applied by the Indonesian Constitutional Court is Judicial Review, where the law has been passed and promulgated. The Chilean Constitutional Court, on the other hand, uses Judicial Preview, meaning the law has not yet been passed and is still in draft form. This article explores the similarities and differences in the constitutional review mechanisms of both courts. The research adopts a normative legal method with a comparative approach, using secondary data obtained through literature study. The data is analyzed qualitatively, and conclusions are drawn through deductive reasoning. The results and conclusion of this article show that the Constitutional Court of Indonesia and the Constitutional Court of Chile share one of the same main authorities, namely the review of laws, which is regulated in accordance with each country's legal system. In addition, the Constitutional Courts of Indonesia and Chile have several differences in terms of authority, the mechanism of law review, and the model of constitutional review.
PERTANGGUNGJAWABAN PELAKU PENCEMARAN LIMBAH INDUSTRI OLEH PERUSAHAAN MT (STUDI DI KECAMATAN TALLO, KOTA MAKASSAR): Accountability Of Industrial Waste Pollution Perpetrators By Mt Company (Study In Tallo District, Makassar City) Zidan Fadlan Ramadhan; Narita Adiyaningrum
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i2.25107

Abstract

Rivers are an environmental component that plays a vital role in human life. Rapid industrial development has resulted in specific sungai area are significant river pollution due to improperly managed industrial waste disposal before it enters the river. The research problem in this study is PT. MT's obligations regarding the pollution of the Tallo River caused by PT. MT's industrial waste.The research method used is normative juridical, with deductive conclusions drawn.The discussion and conclusions indicate that PT. MT is obligated to address water pollution within 24 hours of the pollution occurrence and to stop the source of pollution in accordance with advances in science and technology. Furthermore, PT. MT must restore water quality using methods such as pollutant removal, remediation, and rehabilitation, funded by environmental guarantee funds. PT. MT is obligated to apply the "polluter pays" principle, which imposes the costs of environmental restoration on PT. MT. The precautionary pay principle emphasizes that PT. MT must be proactive in prevention to avoid further environmental damage and negative impacts on public health. PT. MT is fully responsible for protecting and restoring the Tallo River environment for the well-being of the community and environmental sustainability.
ANALISIS YURIDIS TINDAKAN DIREKTUR UTAMA DANA PENSIUN BUKIT ASAM BERDASARKAN PRINSIP FIDUCIARY DUTY: Legal Analysis of Fiduciary Duty in The Action of The Bukit Asam Pension Fund President Director Raja Abdurrafi Arifin Siregar; Arif Wicaksana
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25113

Abstract

The increase in life expectancy accompanied by a growing elderly population in Indonesia requires professional, responsible, and secure management of pension funds to ensure the welfare of participants in their retirement. Pension funds, as legal entities, are managed by a Board of Directors bound by the principle of fiduciary duty as a relationship of trust in the management and investment of participants' funds. However, errors in investment policy have the potential to cause losses and raise issues of legal liability for the Board of Directors. The problem formulation in this study is the liability of the Board of Directors for errors in investment placement in the Bukit Asam Pension Fund for the period 2013–2018 based on the principle of fiduciary duty and the application of the principle of piercing the corporate veil. The method used in this study is normative legal research with a descriptive qualitative approach, through a literature study of relevant laws, court decisions, and legal literature. The results and conclusion shows that these actions constitute a violation of fiduciary duty and cannot be classified as business risks protected by law. Therefore, the Board of Directors' liability is personal through the application of the piercing the corporate veil principle, so that limited liability protection can be set aside.
HAK HADHANAH IBU PENDERITA EPILEPSI DAN BIPOLAR DISORDER DALAM HUKUM INDONESIA : Maternal Hadhanah Rights of Mothers Diagnosed with Epilepsy and Bipolar Disorder in Indonesian Law Safadilla Apsari Mujab; Setyaningsih
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i2.25115

Abstract

This study examines the legal status of mothers diagnosed with epilepsy and bipolar disorder as holders of hadhanah (child custody) rights under Indonesian law. The research employs a normative legal method with statutory and conceptual approaches. The findings indicate that the mother’s priority right to custody of children who have not yet reached mumayyiz age, as stipulated in Article 105 of the Compilation of Islamic Law, is not absolute. Pursuant to Article 156(c) of the Compilation of Islamic Law, custody may be transferred if the mother is proven unable to ensure the child’s physical and psychological safety. A diagnosis of epilepsy or bipolar disorder does not automatically invalidate maternal custody rights unless it is demonstrated to pose a tangible risk to the child’s best interests. Accordingly, custody determinations are case-specific and must be grounded in the principle of the best interests of the child.
KEPASTIAN HUKUM MEKANISME PENINJAUAN KEMBALI KEDUA DALAM HUKUM ACARA PERDATA DI INDONESIA : Legal Certainty of the Second Review Mechanism in Civil Procedure Law in Indonesia Wildan Arif Husen; Rinandu Kusumajaya Ningrum
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i2.25126

Abstract

Legal certainty is a key pillar in the civil law judicial system in Indonesia. Civil procedure law regulates the existence of stages of legal remedies, both ordinary and extraordinary, with its provisions. Normatively, a judicial review (PK) can only be filed once against a final and binding decision. In practice, Second Review is a response to conflicting decisions or new evidence that was not resolved in the First Review. The research question in this study is how the Second Review Mechanism in Indonesia works and what legal certainty the parties involved have. This research uses a normative juridical method, and the analysis is conducted qualitatively. Based on the discussion and conclusions, mechanism for a Second Review has not been explicitly regulated in legislation, but in practice, it can be applied by the judiciary under certain circumstances. The Second Review still be applied in a limited manner, particularly if there is a conflict of decisions or if decisive new evidence is found. The Second Review balances legal certainty with substantive justice, while at the same time affirming the need for clear normative regulations to avoid legal uncertainty.
PENGELOLAAN SUNGAI OLEH DINAS PEKERJAAN UMUM DAN PENATAAN RUANG DI KOTA BANJARMASIN : River Management by The Department of Public Works and Spatial Planning of The City of Banjarmasin Shofwan Alfi Maulana; Ninuk Wijiningsih
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25128

Abstract

Rivers constitute an important natural resource in fulfilling the needs of society. The City of Banjarmasin is widely known as the “City of a Thousands Rivers.” The Banjarmasin Government, through the Department of Public Works and Spatial Planning, plays a role in implementing river management regulation which is Banjarmasin City Regional Regulation Number 12 of 2016. The research problem in this study is whether river management has been carried out in accordance with Banjarmasin City Regional Regulation Number 15 of 2016 on Efforts to Improve River Management. This study employs a normative juridical method, using secondary and primary data. The research is descriptive, analyzed qualitatively, and conclusions are drawn through deductive reasoning. The result indicate that the implementation of river management has not been carried out optimally due to limited resources, weak coordination among municipal agencies, and low public legal awareness in utilizing rivers. Therefore, stronger coordination agency, effective law enforcement, and active community participation are required to improve river management.
WASIAT WAJIBAH UNTUK CUCU BERAGAMA KRISTEN (STUDI PUTUSAN NOMOR 2401/PDT.G/2022/PA.SBY): Wasiat Wajibah For Christian Grandchildren (Study Of Decision Number 2401/Pdt.G/2022/PA.Sby) Maryana Putri; Khairani Bakri
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i2.25133

Abstract

Islamic inheritance law is the law that regulates the transfer of the deceased’s property to his or her heirs. One of the requirements for inheritance is that the heir must be related by blood to the deceased and be Muslim. One of the developments in Islamic inheritance law is known as wasiat wajibah. Wasiat wajibah is an action taken by a judge to determine the granting of wasiat wajibah to certain parties under certain conditions after the deceased’s death. Thus, the issue at hand is whether a Christian grandchild can receive wasiat wajibah according to Indonesian Islamic inheritance law. The type of research used is normative and descriptive in nature, using secondary data analyzed with qualitative methods and conclusions drawn deductively. In Article 209 of the Compilation of Islamic Law, a mandatory bequest is given to adopted children. A grandchild can only inherit because of their position as a substitute heir. Another requirement for a grandchild to inherit is that they must be Muslim. Therefore, a grandchild who is Christian should not receive a mandatory bequest.
KESESUAIAN PENAHANAN ANAK YANG TIDAK DITEMPATKAN PADA LEMBAGA PENEMPATAN ANAK SEMENTARA MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2012 : Suitability Of Detention Of Children Who Not Placed In Temporary Child Placement Institutions According To Law Number 11 Of 2012 Vira Ayu Nur Septyani; -, setiyono
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i2.25136

Abstract

Children are legal subjects who have special vulnerabilities so they require optimal legal protection in the criminal justice system, including at the detention stage. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law) stipulates that the detention of Children in Conflict with the Law must be carried out in Temporary Child Placement Institutions. However, in practice, there are still children detained that are not in accordance with these provisions. The formulation of the problem in this study is whether the detention of children facing the law who are not placed in the Temporary Child Placement Institution during the case examination process in Decision Number 1/Pid.Sus-Anak/2022/PN.Skb is in accordance with the SPPA Law. The research method used is normative legal research, which utilizes a statutory approach and a case approach, supplemented by a literature review and interviews as additional data. The results of the study show that the detention of children in state detention centers and not in LPAS is not in accordance with Article 33 paragraphs (4) and (5) of the Law on the Child Criminal Justice System and has the potential to ignore the principles of protection and the best interests of the child.
PRINSIP STRICT LIABILITY TERHADAP KORPORASI DALAM PERKARA KEBAKARAN HUTAN AKIBAT PEMBUKAAN LAHAN: ANALISIS PUTUSAN 296/PDT/2020/PT.DKI): Strict Liability Principle Against Corporations in Forest Fire Cases Due to Land Clearing: Analysis Decision 296/Pdt/2020 DKI Marshanda Cesilia Yaparto; Dhany Rahmawan
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25137

Abstract

This study examines the application of the strict liability principle to corporations in forest fire cases resulting from land-clearing by burning, as regulated under Indonesian environmental law and applied in the Jakarta High Court Decision No. 296/Pdt/2020/PT.DKI. Using a normative juridical method with statutory, conceptual, and case approaches, the research finds that Article 88 of Law No. 32 of 2009 obliges business operators to pay compensation and conduct environmental restoration without the need to prove fault. Forest and land fires (karhutla) are classified as unlawful acts under forestry and environmental legislation, providing a clear legal basis for imposing strict liability on corporations. In the cited decision, the court held PT Kaswari Unggul strictly liable for fires within its concession area and ordered compensation and environmental recovery. The study concludes that Indonesian law explicitly recognizes strict liability in forest fire cases and that the judiciary has effectively applied this principle to strengthen environmental law enforcement and protect the public’s right to a healthy environment.

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