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ANALISIS YURIDIS PERCOBAAN TINDAK PIDANA PERKOSAAN (STUDI KASUS PUTUSAN NOMOR 87/PID.B/2021/PN.MRH)
Talitha Damayanti;
Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
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DOI: 10.25105/refor.v4i1.13424
Just as the defendant was about to begin his crime, the victim awoke from his nap, shoved the defendant, and yelled, causing the defendant to flee. Are the defendant's activities in compliance with Article 289 of the Criminal Code (Decision No. 87/Pid.B/2021/PN. Mrh) or not? is the first major concern addressed by the author. 2. How is attempted rape punished under Decision Number 87/Pid.B/2021/PN Mrh? This research is descriptive-analytic, and normative legal research. Data gathering makes use of secondary data obtained through literature studies and the data is processed qualitatively using deductive conclusion. The conclusions of this study: in the Judge's Decision Number 87/Pid.B/2021/PN. Mrh, the judge sentenced the defendant with Article 289 of the Criminal Code incorrectly because according to the facts in the trial the defendant fulfilled the elements of Article 53 paragraph (1) in conjunction with Article 285 of the Criminal Code 2) and the defendant was more appropriately charged with Article 285 in conjunction with Article 53 of the Criminal Code, therefore it should be said that an attempted rape with a prison sentence must be reduced by one third of the principal sentence, namely 12 years - 1/3 = 8 years not 7 years.
PEMIDANAAN ANGGOTA MILITER PELAKU PERSETUBUHAN SESAMA JENIS (STUDI PUTUSAN NOMOR 231-K/PM.II-8/AU/XII/2020)
Muhammad Ramadhion Prastopo
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
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DOI: 10.25105/refor.v4i1.13425
These actions are punishable by both disciplinary action and criminal action. For instance, a military member who engages in same-sex sexual activity (gay) may face punishment as a Military Criminal, which includes the following: "refuses or deliberately disobeys an official order, or arbitrarily exceeds such an order" and is subject to the threat of intentional disobedience, as stated in Article 103 Paragraph (1) of the KUHPM. The Panel's judgment in this matter was not correct because it only imposed a sentence of one article, namely Article 103 paragraph (1) of the Criminal Procedure Code, even though the defendant's actions fulfilled the three articles charged, namely Article 294 paragraph (2) 1st Criminal Code, Article 281 1st Criminal Code and Article 103 paragraph (1) the Criminal Procedure Code. the defendant's actions have tarnished the military's image, so the Panel of Judges should have imposed a principal sentence that is heavier than 8 (eight) months or the Judge could maximize the sentence of Article 103 paragraph (1) of the Criminal Procedure Code, namely imprisonment for two years and four months and an additional penalty in the form of dismissal from military service.
PEMENUHAN KEBUTUHAN AIR BERSIH DI KELURAHAN KAPUK MUARA OLEH PEMDA DKI JAKARTA
Devika Anindya Sari;
Sri Untari Indah Artati
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
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DOI: 10.25105/refor.v4i1.13426
The state hereby participates in ensuring the people's right to water, which is also referred to as the people's right to water in the process. The issue at hand is whether the provision of clean water in RW 01 Kapuk Muara Village complies with Law Number 17 of 2019 regarding Water Resources, and how the local government manages the provision of clean water to residents of RW 01 Kapuk Muara Village. Normative legal research was conducted to address the issue, and the nature of the research was descriptive and the data used were secondary and primary data and the data were analyzed qualitatively, drawing conclusions using deductive logic. The results of the study stated that the fulfillment of clean water in the RW 01 area of Kapuk Muara Village was not in accordance with the Law on Water Resources. Apart from that, the fulfillment of clean water by the DKI Jakarta regional government also has problems, namely in the Jakarta area raw water is very small in quantity and also in poor quality and in Jakarta itself there is no special reservoir that functions as a raw water reservoir.
UNSUR KEBARUAN DALAM DESAIN INDUSTRI KEMASAN MINUMAN JAHE
Allya Nadhira Putri;
Simona Bustani
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
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DOI: 10.25105/refor.v4i1.13427
In accordance with Article 2 of the Industrial Design Law, PT Total Asri Sumber Alam and PT Aneka Boga Citra engaged in an industrial design dispute over the alleged lack of novelty in the packaging for ginger beverages held by PT Aneka Boga Citra. The main issue is how to evaluate the novelty of the ginger beverage packaging industry design in order to obtain industrial design rights based on the Industrial Design Law and what are the legal ramifications of the Supreme Court's decision to declare the dispute over the novelty of the ginger beverage packaging industrial design that belongs to PT Total Asri Sumber Alam with ginger beverage packaging industry design owned by PT Various Boga Citra. The research is normative legal research, descriptive in nature, using secondary data, described qualitatively and conclusions are also by deductive method. This results because of the industrial design of PT Aneka Boga Citra has a configuration of shapes, images and color composition that is similar to the industrial design previously published by PT Total Asri Sumber Alam, then the industrial design of PT Aneka Boga Citra is not a new industrial design in line with Article 2 of the Industrial Design Law.
ANALISIS PEMBAGIAN WARIS DARI HARTA BAWAAN MENURUT KUHPER & UUP 1974
Mellisa Valencia;
Khairani Bakri
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
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DOI: 10.25105/refor.v4i1.13428
Asset division is one of the effects of marriage. Assets that were acquired throughout the marriage by each party as well as assets that were inherited make up marital assets. When a death occurs, the marital assets turn into an inheritance that is transferred to the heirs. 1) How are inherited assets divided in the distribution of inheritance in accordance with the Civil Code and Law Number 1 of 1974 about Marriage? 2) In light of the Civil Code and Law Number 1 of 1974 regarding Marriage, is Decision Number 79/Pdt.G/2020/PN.Rap appropriate? This study is normative in character and has a descriptive and analytical tone. In addition to secondary data, this study also used primary and secondary legal sources. The data were analyzed qualitatively by deductively drawing conclusions. The conclusion is: 1) With the occurrence of death, inherited assets become inherited assets. So according to the Civil Code and the Marriage Law, related to the case, the inheritance as Hua Sin's inheritance was given to his wife as the heir of the first class. 2) Decision Number 79/Pdt.G/2020/PN Rap is not in accordance with Article 852 of the Civil Code jo. Article 35 to Article 37 of the Marriage Law.
PERLINDUNGAN HUKUM KREDITUR PEMEGANG HAK TANGGUNGAN YANG JAMINANNYA BATAL MENJADI MILIKNYA DEBITUR
Saskia Aulia Putri;
Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
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DOI: 10.25105/refor.v4i1.13429
Legally, Mortgage Guarantee exists to safeguard both borrowers' and creditors' interests. If the debtor defaults, the mortgage acts as a guarantee for the creditor. However, it should be taken into consideration if the mortgage's disputed subject matter is canceled as a result of the transfer of land rights to the debtor. This study employs normative legal research techniques. Every legal document is qualitatively examined before conclusions are reached using deductive reasoning. The study's findings support the interpretation of Article 18 paragraph (4) of the Mortgage Law, which states that the cancellation of a mortgage due to the loss of land rights burdened by the mortgage does not result in the cancellation of the guaranteed debt. Regarding unlawful acts committed by the debtor, the creditor can file a lawsuit against the debtor based on Article 1365 of the Civil Code to the District Court.
TINJAUAN YURIDIS TERHADAP PENYERTAAN DALAM TINDAK PIDANA PASAL 279 AYAT (2) KUHP
Irena Aprilia Putri Basko;
Dian Adriawan Dg. Tawang
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
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DOI: 10.25105/refor.v4i1.13430
Marriage is essentially one of the goals that every human being works toward in order to achieve many other goals, but in a marriage, a criminal conduct frequently occurs that is governed by the Criminal Code. One of them is paragraph (2) of Article 279, which governs crimes against marriage and origin. 260/Pid.B/2020/PN is the case number. Kdi contains a criminal act-marrying someone without their consent and keeping it a secret from other people. This is what inspired the development of this scientific paper using research techniques that include research objects in the form of criminal acts on the origin of marriage, followed by the type of normative law, with the nature of the research being descriptive analytical, with secondary data of the type, obtained by means of library research, and data analysis using qualitative data analysis methods. The conclusion that can be drawn from this research method is that the criminal act committed by the defendant was not properly terminated and the defendant's actions contained an element of inclusion with the theory that there were parties involved in the act.
PENDAFTARAN TANAH SISTEMATIS LENGKAP DI KELURAHAN MUSTIKA JAYA KOTA BEKASI
Fildza Hulwani Karlina;
Irene Mariane
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
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DOI: 10.25105/refor.v4i1.13431
The PTSL area will focus on Mustika Jaya in 2021. The issue is who is preventing the full implementation of systematic land registration in Mustika Jaya Village, Bekasi City, what challenges are being faced, and how these challenges might be solved. The study is normative in character and uses descriptive analysis research, which is based on secondary data. gathering information through interviews and book research, analyzing qualitative data, and drawing conclusions using a deductive logic process. The findings of the research conducted as part of the PTSL program in Mustika Jaya Village, Bekasi City, are in conformity with the land registration regulations. Inheritance issues that have not been settled and the absence of heirs are challenges. The Land Office uses deliberation as a form of mediation to address unresolved inheritance issues and agrees that the procedure can proceed again. If there is no agreement, the property is classified as disputed or problematic land, which prevents you from taking part in the full systematic land registration procedure. The Land Office assists distant heirs in receiving information from the absent heirs.
KEPEMILIKAN TANAH YANG DIPEROLEH MELALUI JUAL BELI DIBAWAH TANGAN SECARA MELAWAN HUKUM
Fairuuzah Fairuuzah;
Listyowati Sumanto
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
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DOI: 10.25105/refor.v3i2.13439
The sale and purchase of land must be carried out before the Land Deed Making Officer in order to obtain Sale and Purchase Deed as a condition for registering the transfer of rights over the land. However, in practice, buying and selling is done underhand. A Case of unlawful land ownership occurred in Kuta Village, Central Lombok District. The problem: whether the sale and purchase carried out by Samah/seller to Ike Ratna Wulan and Nanang Abdul Mukti/third party can be categorized as unlawful act and how the dispute resolved in Supreme Court Decision Number 1979 K/PDT/2019. The research is normative and descriptive legal research, using primary and secondary, The data is analyzed qualitatively and conclusions are drawn using deductive logic method.. The conclusion: the sale and purchase carried out in 2006 between Samah/Seller and Sahdan was valid because it met the material and formal requirements. The sale and purchase in 2013 between Samah/seller to Ike Ratna Wulan and Nanang Abdul Mukti/Third Party was categorized as an unlawful act because it fulfilled the elements in article 1365 of Civil Code so that the sale and purchase was illegal and null and void because Samah has no right to sell the land.
ANALISIS PERLINDUNGAN AHLI WARIS MEREK SETIA HATI TERATE BERDASARKAN UNDANG-UNDANG MEREK
Suci Lestari;
Simona Bustani
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
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DOI: 10.25105/refor.v3i2.13441
The Legal protection for the heirs of the Setia Hati Terate brands is registered under Law no. 20 of 2016 concerning Brands and Geographical Indications, provides an overview of the suitability of the Supreme Court Judge's decision Number 40K/Pdt.Sus.HKI/2021 with Law No. 20 of 2016 concerning Brands and Geographical Indications. The case is about trademark cancellation requests against brands held by the heirs of the brands. So, the problem in this research explains that basically legal protection for the heirs of trademark rights holders is part of the purpose of the law itself. The research discussion shows that legal protection for trademark rights holders is part of the purpose of the law itself. This type of research is normative and analyzed qualitatively. The opinion of several experts argue that the purpose of law is to protect the interests of the community, and also interprets that the purpose of law is to regulate order in society, and others. The conclusion of this research is in the form of how the legal protection for the heirs of trademark rights holders based on Law no. 20 of 2016 concerning Marks and Geographical Indications.