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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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PENYELESAIAN KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) DI INDONESIA DAN MALAYSIA: Bankruptcy Resolution and Debt Payment Deferral (PKPU) in Indonesia and Malaysia Nadine Aurellia Shinita; Ning Adiasih
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.v8i2.25255

Abstract

Economic and business activities are inherently associated with the risk of debtors’ failure to fulfill their financial obligations to creditors. To address such conditions, the state provides legal instruments in the form of bankruptcy and Suspension of Debt Payment Obligations (PKPU) as collective and structured mechanisms for debt settlement. This problem on this research is how the regulation of bankruptcy and PKPU settlement processes in Indonesia and to compare them with the insolvency mechanism in Malaysia. This research employs a normative legal method using statutory and comparative law approaches. The result and conclusion findings indicate that bankruptcy in Indonesia functions as a collective mechanism to protect creditors’ interests, while PKPU serves as a preventive and rehabilitative instrument that allows debt restructuring before liquidation. From a comparative perspective, Malaysia’s insolvency system emphasizes broader judicial discretion in guiding corporate restructuring. This study concludes that strengthening the role of judges through clear and accountable judicial guidelines is essential to enhance the effectiveness of PKPU and creditor protection in Indonesia.
KATEGORI GABUNGAN TINDAK PIDANA PADA PERKARA PENAMBANGAN LIAR DALAM KAWASAN HUTAN PRODUKSI: The Combined Classification of Illegal Mining Crimes in Production Forest Areas The Category Of Cumulative Criminal Acts In Illegal Mining Cases In Production Forest Areas Alicia Aline Rhegita; Vientje Ratna Multiwijaya
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.v8i1.25258

Abstract

Illegal mining in production forest areas is an illegal act that has a serious impact on environmental sustainability and forest governance. The problem becomes complex when a series of illegal mining acts meet the elements of more than one criminal provision, thus raising the issue of the cumulative category of criminal acts. The formulation of the problem in this study is how the form or category of cumulative criminal acts committed by the perpetrators in the case of illegal mining in the production forest area was decided in the Kendari District Court Decision Number 496/Pid.Sus/2022/PN. Kdi. The research method used is normative legal research with an analytical descriptive nature, using secondary data in the form of primary legal materials and secondary legal materials, which are analyzed qualitatively by drawing deductive conclusions. The results of the study show that the Defendant's actions meet the cumulatived category of criminal acts in the form of concursus realist that applies a penal system with a cumulative stelsel. The implementation of the penal system is very important to reflect the seriousness of the act and strengthen legal protection of production forest areas from illegal mining practices.
PENERAPAN THE DUE CARE THEORY DALAM PRAKTIK UPSELLING (STUDI KASUS J.CO SUMMARECON BEKASI DAN KONSUMEN TANIA): Application of The Due Care theory in Upselling Practices (Case Study of J.CO Summarecon Bekasi and Consumer Tania) Risma Berlian Abadi; Halim, Suci Lestari
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.v8i2.25265

Abstract

Upselling practices in the food and beverage sector are increasingly used by businesses to boost sales. However, in the case of J.CO Summarecon Mall Bekasi involving the consumer Tania, an imbalance of information regarding product bundling offers was found, potentially disadvantaging the consumer. The problem formulation in this article is how the application of the due care theory relates to the upselling practice. This research uses a normative research type with a descriptive approach, employing secondary data supported by interviews, data were collected through a library research, which are analyzed qualitatively and concluded using a deductive method. The analysis evaluated that the application of the Due Care Theory in the upselling practices carried out by J.CO Summarecon Mall Bekasi toward consumer Tania indicates a lack of clarity in price information that has the potential to disadvantage consumers and is inconsistent with Article 4(c) jo. Article 7(b) jo. Article 10(a) of Law Number 8 of 1999 on Consumer Protection.
TANGGUNG JAWAB PELAKU USAHA ATAS KESESUAIAN JASA DENGAN IKLAN (STUDI KASUS KHAISAR WEDDING BATURAJA DAN KONSUMEN SILVA JUNISTIA): Business Actors’ Responsibility for Service Conformity with Advertisements (Case Study of Khaisar Wedding Baturaja and Consumer Silva Junistia) Nasya Nadya; Halim, Suci Lestari
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.v8i2.25267

Abstract

Khaisar Wedding Baturaja provided services on the wedding day that did not match the advertisements on instagram or the agreement made with the consumer, Silva Junistia. This article examines the responsibility of Khaisar Wedding Baturaja for the discrepancy between the services provided on the wedding day and the representations in instagram advertisements and/or the agreement. The research method used is normative and descriptive, utilizing secondary data supported by interviews. Data were collected through a literature review, analyzed qualitatively, and conclusions were drawn using the deductive method. The results show that Khaisar Wedding Baturaja’s responsibility was limited to an apology without providing compensation, which is not in accordance with Article 19 paragraph (1) of the Consumer Protection Law (UUPK). In addition, the Instagram advertisements violate the Indonesian Advertising Ethics Guidelines. If the business operator does not provide compensation, the consumer may pursue legal remedies by filing a lawsuit through the Consumer Dispute Settlement Agency or the District Court at the consumer’s place of residence pursuant to Article 23 of the UUPK and Article 1243 of the Civil Code.
MEKANISME PEMBERIAN FASILITAS PEMBEBASAN PAJAK BUMI DAN BANGUNAN BAGI PENSIUNAN APARATUR SIPIL NEGARA: Mechanism for Granting Land and Building Tax Exemption Facilities for State Civil Apparatus Retirees Cindy Lauddini Cahyadi; Januardo Sulung Partogi Sihombing
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.v8i1.25273

Abstract

Jakarta Governor Regulation Number 16 of 2024 regulates Rural and Urban Land and Building Tax (PBB-P2) exemption for retired Civil Servants as social protection for limited-income groups. This research analyzes requirements for retired civil servants to obtain PBB-P2 exemption and policy implementation mechanisms. The research employs normative juridical approach with descriptive nature, examining legislation strengthened by interviews with Regional Revenue Agency officials and retired civil servants. Findings indicate exemption requirements include identity documents, tax object ownership proof with maximum 1,000 m² area, pension certificate, without tax arrears clearance requirement. Implementation faces challenges in socialization, administrative procedures, and inter-agency coordination affecting benefit delivery effectiveness. The research concludes enhanced socialization and procedural simplification are necessary to optimize social protection objectives through regional taxation instruments.
PERAN PEKERJA PEREMPUAN SEBAGAI KEPALA RUMAH TANGGA DI WILAYAH JAKARTA TIMUR BERDASARKAN PRINSIP CEDAW: The Role of Female Workers as Heads of Households in East Jakarta Based on Cedaw Principles Salsabillah Beby Pinkan Khoirunisah; Harto
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.v8i2.25277

Abstract

Rising living costs and increasing prices in the modern era have compelled women to work harder to support their families’ economic needs. This phenomenon has led to a shift in women’s roles from the domestic sphere to the public domain, where they often assume responsibilities as heads of households. Based on this context, this study examines the role of female workers as heads of households from the perspective of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This research employs a socio-legal approach, which views law not merely as written norms (law in the books), but as a social phenomenon operating in society (law in action), using both primary and secondary data, including primary to tertiary legal materials. The result and the conclusion indicate that although CEDAW provides a strong normative framework for ensuring gender equality and the protection of women workers’ rights, its implementation in Indonesia remains insufficient, particularly for women who perform dual roles as heads of households. Existing legal protection and labor policies have not yet fully responded to women’s socio-economic realities, highlighting the need to strengthen the implementation of CEDAW principles to achieve substantive gender equality
PERBANDINGAN GUGATAN SEDERHANA DI INDONESIA DAN BRAZIL DALAM SENGKETA PERDATA: Comparison of Simple Lawsuits in Indonesia and Brazil in Civil Disputes Abiyyu Muhammad Zaki; Gandes Candra Kirana
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.v8i1.25294

Abstract

Simple lawsuit is a simplified civil dispute resolution mechanism aimed at providing a fast, simple, and low-cost judicial process. In Indonesia, this mechanism is regulated under Supreme Court Regulation Number 2 of 2015 as amended by Regulation Number 4 of 2019. Meanwhile, Brazil applies a similar concept known as the Juizado Especial Cível, which functions as a special court handling small-value civil cases through simplified and informal procedures. The problem statement is how the settlement of civil disputes is regulated within the simple lawsuit mechanism in Indonesia and Brazil. This study employs a normative legal research method using a comparative law approach. Data were collected through a literature review of laws and regulations, legal doctrines, and related academic sources. The findings indicate that although both countries share the same objective of accelerating dispute resolution, significant differences remain, particularly regarding claim value limits, the role of judges, mediation mechanisms, and evidentiary procedures. Brazil’s system is considered more accessible and flexible due to the establishment of specialized courts, while Indonesia implements simple lawsuits within the general court system with more formal procedural restrictions.
INKONSISTENSI PENERAPAN DALUWARSA GUGATAN PHK SATU TAHUN DI PENGADILAN HUBUNGAN INDUSTRIAL: Inconsistency the Application of the One-Year Statute of Limitations for Termination of Employment in the Industrial Relations Court Refaya Akbar Arasyid; Yogo Pamungkas
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.v8i2.25297

Abstract

The settlement of termination of employment (PHK) disputes in Indonesia is subject to a one-year statute of limitations as regulated under Article 82 of Law Number 2 of 2004 on Industrial Relations Dispute Settlement. This provision aims to ensure legal certainty; however, in the practice of the Industrial Relations Court (PHI), it frequently conflicts with mandatory bipartite negotiations and mediation processes conducted by the Manpower Office, which require a considerable amount of time. This research aims to analyze the problem the application of the one-year statute of limitations for PHK claims and the judges’ flexible approach in judicial practice. This study employs a normative legal research method with a descriptive-analytical nature, using statutory, legal principles, and court decision approaches. The result and conclusion indicate that the application of the statute of limitations in PHK cases remains inconsistent, as judges tend to apply the concept of exclusion of time to the mediation period in order to achieve substantive justice and protect workers as the weaker party. This research concludes that clearer and more uniform normative regulation is required regarding the statute of limitations for PHK claims to balance legal certainty and worker protection.
PERBANDINGAN PENGATURAN TANGGUNG JAWAB DIREKSI BUMN (PERSERO) ANTARA INDONESIA DAN JERMAN : Comparison of the Regulations on the Responsibilities State-Owned Enterprises (Persero) Directors between Indonesia and Germany Meyra Tiara Rizyanka Marsaoleh; Dian Purnamasari
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.v8i2.25322

Abstract

The Board of Directors (BoD) plays crucial role as a corporate organs, bearing full responsibility for the management and interests of the company. This study analyzes the comparative regulation of the responsibilities of the BoD of State-Owned Enterprises (Persero) under Indonesian and German law. The research question in this study is how the regulation of the responsibilities of directors of SOEs (Persero) compares under Indonesian and German law. The legal research method used is a descriptive normative legal method, by examining primary legal materials such as Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 19 of 2003 and its amendments concerning SOEs for Indonesian regulations, GmbHG and AktG for German regulations, as well as relevant secondary legal materials. The results of the study and conclusions indicate that there are similarities in the basic principles of the BoD responsibilities, namely the obligation to act prudently and prioritize the interests of the company. The main difference lies in the function of legal protection and insurance for directors, where Indonesian law emphasizes the exemption of directors from liability without personal contribution obligations, while German law limits insurance protection through a self-retention mechanism to strengthen accountability.
TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN KLINIK KECANTIKAN "WSJ" DI DEPOK BERDASARKAN PERATURAN PERLINDUNGAN KONSUMEN DI BIDANG KESEHATAN: Responsibility of Business Operators Towards Consumers of The "WSJ" Beauty Clinic in Depok Based on Consumer Protection Regulations in The Field of Health Faza Shaumy Afiifah; Sharda Abrianti
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.v8i2.25944

Abstract

This article highlights the responsibility of business actors in providing safe, high-quality, and transparent services in accordance with Law No. 8 of 1999 concerning Consumer Protection and Law No. 17 of 2023 concerning Health related to cases of malpractice in liposuction procedures at the “WSJ” Clinic in Depok. The research method used is normative research with a legislative approach supported by secondary data and qualitative analysis. The results of the study show that the business actor was proven to be negligent because they provided invasive health services that were not in accordance with the primary clinic's operating license and violated various provisions of laws and regulations, including Minister of Health Regulation No. 9 of 2014 and Law No. 17 of 2023 concerning Health. These violations included the use of medical personnel without a license to practice and the performance of high-risk medical procedures without adequate operational standards. Although legally liable for administrative, criminal, and civil liability, in practice, business operators were only subject to administrative sanctions in the form of revocation of their operating license and the obligation to compensate the victims' families.

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