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Reformasi Hukum Trisakti

refor
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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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PENYANDERAAN PENDUDUK SIPIL OLEH PASUKAN TALIBAN (2016): TINJAUAN HUKUM HUMANITER INTERNASIONAL Atsyilla Salsabilla; Arlina Permanasari
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The Non-International Armed Conflict between Afghanistan and the Taliban has been triggering the hostage-taking of civilians that occurred in Afghanistan in 2016. Based on Article 3 of the Common Article of the 1949 Geneva Convention, hostage-taking of civilians is prohibited. The formulation of the problem in this research is how the aspects of international humanitarian law on the hostage-taking of civilians committed by the Taliban in Afghanistan in 2016 and what are the legal consequences for the Taliban. This research is a normative legal research by referring to the norms in Article 3 of the Geneva Convention and Article 6 of the 1977 Additional Protocol II. Secondary data processing is carried out qualitatively, drawing conclusions deductively. Based on the results of research, discussion, and conclusions, the commentary of Article 3 of the 1949 Geneva Convention has laid the foundation for Afghanistan to try and punish the Taliban for taking hostages. The general provisions of Article 3 are complemented by the provisions in Article 6 of Additional Protocol II 1977 which states that the settlement of hostage cases must be carried out in accordance with the applicable Afghan national law, in this case the Afghanistan Penal Code 1976.

TANGGUNG JAWAB PERUSAHAAN INDUK LION GROUP TERHADAP PRAKTIK DISKRIMINASI PENJUALAN KAPASITAS KARGO Siti Bianca Zahara; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

KPPU decided that Lion Air, Batik Air, Wings Air, and Lion Parcel (Lion Group Airlines), through closed agreements, have practiced discrimination against Custody Service Companies (PJT) in certain Geographic Markets. The formulation of the problem is how the responsibility of PT Langit Esa Oktagon and PT Lion Group as the parent company for the closed agreement by Lion Group Airlines as a subsidiary that is indicated as a discriminatory practice and how the form of responsibility that can be given by PT Langit Esa Oktagon and PT Lion Group as the parent company. The method used is normative, descriptive writing nature, primary and secondary data types, qualitative data analysis, and deductive logic conclusions. Based on the results of research, discussion and conclusions; UUPT, Anti Monopoly Law, and other related regulations, then to business actors can be applied the doctrine of Single Economy Entity (SEE) which considers one Group Company as a unified economic entity so that there is joint responsibility between companies in it, so that in this case PT Langit Esa Oktagon and PT Lion Group can be subject to criminal sanctions based on Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.

PENEGAKAN HUKUM KEIMIGRASIAN BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN (PUTUSAN NOMOR 135/PID.SUS/2021/PT.BTN) Sapta Adi Putra; Tri Sulityowati
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Abdulbasset Al Qeblawi on the use of fake passports by foreign nationals. The use of fake passports is known at TPI Class I Terminal 3 Arrival of Soekarno-Hatta International Airport. The problem formulation is how the occurrence of immigration crimes in the form of using fake passport documents, how law enforcement is applied in cases of using fake passport documents, and how prevention efforts are made by Immigration to tackle foreigners who use fake passports. Normative juridical research method, using secondary data consisting of primary legal materials and secondary legal materials using qualitative analysis and deductive inference, the results of research, discussion and conclusions Abdulbasset Al Qeblawi is known to use a fake passport assisted by a Syrian agent named Mundzir, In law enforcement, special legal terms are used to override the general law because it is an immigration crime and is subject to Article 119 paragraph (2) of the Immigration Law, in preventing the use of fake passports, the Directorate General of Immigration makes efforts by tightening Indonesian immigration permits abroad and supervision of foreigners in Indonesia.

REFOCUSING PENGELOLAAN APBD KABUPATEN SAROLANGUN DALAM PENANGANAN PANDEMI COVID-19 TAHUN 2020 Aisyah Thasa Khairunnisa; Reni Dwi Purnomowati
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Sarolangun in 2020 Number: 20.A/LHP/XVIII.JMB/5/2021 The government policy in refocusing the APBD aims to reduce the impact of weakening the community's economy and prevent the spread of the covid-19 virus, this policy is carried out by every local government, one of which is in Sarolangun Regency, Jambi Province in 2020. The formulation of the problem is whether the Refocusing of the APBD management of Sarolangun Regency, Jambi Province in 2020 is in accordance with Law Number 02 of 2020 concerning State policies and financial system stability for handling the covid 19 virus pandemic. (2) How is the responsibility for Refocusing the APBD management of Sarolangun Regency, Jambi Province during the covid 19 pandemic? This research method is juridical-normative, secondary data with primary data which is analyzed qualitatively and drawing conclusions with deductive logic. The results of the research, discussion and conclusions, first, the Sarolangun district government was constrained in refocusing the budget in the first stage due to a lack of understanding in adjusting the APBD so that there were warnings related to DAU delays, but in the second stage the Sarolangun district government had carried out the refocusing policy in accordance with applicable laws and regulations. Second, the Sarolangun district government is accountable for the management of the APBD, so that the use of funds from refocusing is outlined in the form of a District Government audit report.

SENGKETA ZONA EKONOMI EKSKLUSIF INDONESIA DENGAN VIETNAM DI WILAYAH LAUT NATUNA UTARA Jessica Johanna Chirsty; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The dispute regarding the EEZ border area in the North Natuna Sea with Vietnam is one of the disputes that has been going on for a long time and has not been successfully resolved by forming a bilateral agreement. Unilateral claims made by Indonesia and Vietnam cannot be used as a basis for carrying out activities freely in disputed areas that experience overlap. The problems in this thesis are how to determine the EEZ boundary between Indonesia and Vietnam in the North Natuna Sea area based on the 1982 KHL and how are the efforts made by Indonesia in resolving the dispute over the EEZ boundary determination with Vietnam in the North Natuna Sea area. The research method used is normative legal research which uses secondary data and is supported by interview data with the Pushidrosal TNI AL. Data collection techniques were carried out through library research. The conclusion of this study is that the baseline method used by Indonesia is the archipelagic baseline and Vietnam is the straight baseline. Efforts to resolve the dispute by Indonesia and Vietnam are negotiating a bilateral agreement regarding the delimitation of the EEZ area in the North Natuna Sea.

PROSES PEMBERIAN ROYALTI KEPADA AHLI WARIS (PAPA T BOB) BERDASARKAN UNDANG-UNDANG HAK CIPTA Adelia Permatasari; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Copyright is one of the rights of Intellectual Property Rights. Music/song is one of the works that is protected by copyright. In 2020, a children's songwriter named Papa T Bob died. The mechanism for awarding royalties for a creator who has died is still not clearly explained in Law Number 28 of 2014 concerning Copyright. Because of this, a problem arises in this material, whether the heirs need to be involved when the copyrighted work is used by other people and what is the process for awarding royalties to the heirs of the songwriters (Papa T Bob) based on Law Number 28 of 2014 concerning Copyright. The research method in this study uses normative methods, the nature of the research is descriptive-analytic with qualitative data analysis and draws conclusions using the deductive method. The results of the study illustrate that an heir needs to be involved if the copyrighted work is used for economic interests based on article 16 paragraph 2 of the Copyright Law, and the procedure for granting royalties based on the Copyright Law is carried out through the Collective Management Institution (article 87), which will be distributed to the respective copyright holders.

MASALAH KETERLAMBATAN PENANDATANGAN AJB DAN PENYERAHAN UNIT APARTEMEN REGATTA (STUDI PUTUSAN NO. 573/PDT.G/2020/PN JKT.UTR) Sheira Maghfira Maulani Utami; Anda Setiawati
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Marketing of flats before the construction is completed is done by many developers. Generally, marketing is preceded by a legal bond as outlined in the PPJB. In practice, many problems occur where developers do not fulfill their obligations as stated in the PPJB and as a result prospective buyers file a default lawsuit to the court. The formulation of the problem regarding whether the default lawsuit filed by prospective buyers of the Regatta Apartment is in accordance with applicable legal provisions and whether the judge's consideration in Decision No. 573/Pdt.G/2020/PN Jkt.Utr is in accordance with the provisions of the law. Normative juridical research method which is descriptive analytical and the conclusion is drawn inductively, secondary data (library data) only. The results of the research, discussion and conclusion are that the default lawsuit filed by the prospective buyer is appropriate because the developer's actions that violate Article 5.1 of the PPJB include acts of default. For the consideration of the judge who stated that the developer was in default in accordance with the provisions of the law because the developer was proven not to have carried out his obligations to make AJB in front of PPAT and to deliver Regatta apartment units to prospective buyers.

PERLINDUNGAN HAK CIPTA TERHADAP SKETSA DAN PATUNG “TUGU SELAMAT DATANG” BERDASARKAN UUHC Yunita Afianti; Irene Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Decision Number 35/Pdt.Sus-Copyright/2020/PN Niaga Jkt.Pst is a lawsuit for compensation due to the use and registration of the Grand Indonesia Mall Logo mark which is in the form of a silhouette like a sketch/welcome monument statue. The problem in this material is how to protect the copyright for the welcome monument sketch and statue based on Law Number 28 of 2014 concerning Copyright, and whether Decision Number 35/Pdt.Sus-Copyright/2020/PN Niaga Jkt.Pst is appropriate with statutory regulations. The research method is descriptive analysis, through literature studies and interviews to understand, the data is analyzed qualitatively, by drawing conclusions with a deductive mindset. The conclusions that can be drawn are Article 34 and its explanation and Article 35 along with the explanation of Article 35 paragraph (1) of the Copyright Law which regulates the existence of copyright protection due to a work/official relationship made under the leadership of the designer of the work, therefore the sketch and statue of the welcome monument protected by the Copyright Act, and Decision Number 35/Pdt.Sus-Copyright/2020/PN Niaga Jkt.Pst not in accordance with statutory regulations because the sketch and statue of the welcome monument were made in the context of official relations.

PRINSIP ITIKAD BAIK DALAM GANTI KERUGIAN OLEH PENANGGUNG KEPADA TERTANGGUNG Gunita Nindya; Siti Nurbaiti
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

One kind of loss insurance is motor vehicle insurance. It frequently results in issues with its application, namely those with the application of the good faith principle, as in Criminal Code Article 251. discussions like the one that took place between the insured and PT Asuransi Astra Buana. Problem Statement: Based on the Commercial Code, how is the arrangement regarding the principle of good faith applied to the compensation given to the insured by PT Asuransi Astra Buana, and whether the insured party's actions constitute a breach of the principle of good faith? The study's methodology is descriptive in character and falls under the category of normative legal research. Secondary data is qualitatively examined by deductively drawing conclusions. The research findings, discussion, and conclusion that the arrangement of the good faith principle contained in Article 251 of the Criminal Code contains weaknesses because it is only addressed to the insured, so the insurer does not pay compensation to the insured on the grounds that the insured violates the good faith principle, and the actions taken by the insured do not violate the principle good faith, as stipulated in Article 251 of the Criminal Code.

PELANGGARAN HAK PEREMPUAN DI AFGHANISTAN SELAMA KEKUASAAN REZIM TALIBAN BERDASARKAN KONVENSI CEDAW Tsabitah Rizqi Ekanoviarini; Aji Wibowo
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Much debate erupted over the Taliban's return to Afghanistan, particularly in relation to women's human rights. Afghanistan becomes legally obligated by CEDAW after ratifying it, and as a result, must carry out the conditions outlined in its domestic laws and regulations. In actuality, the Taliban rule continues to violate human rights, notably by restricting the rights of women. The CEDAW Convention serves as the foundation for Afghanistan's state responsibility for violations of women's rights in Afghanistan, and this legal academic study addresses many human rights violations against women in Afghanistan under the Taliban government. Use of secondary data gathered through secondary sources has made this research, which is descriptive in character and normative in nature, the data is processed qualitatively and conclusions are drawn using deductive logic. The results of the research, discussion and conclusions of this research are that the state of Afghanistan is considered to have violated international treaties and Afghanistan as a state must be held accountable for the actions that have been carried out by its state organs.

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Narita Adityaningrum

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Jl. Kyai Tapa No 1, Grogol Jakarta Barat

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Kota adm. jakarta barat,

Dki jakarta

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Narita Adityaningrum

Contact Email narita.a@trisakti.ac.id

Phone +6281528282851

Journal Mail Official reformasihukum@trisakti.ac.id

Editorial Address Jl. Kyai Tapa No 1, Grogol Jakarta Barat

Location Kota adm. jakarta barat, Dki jakarta INDONESIA

Abstract

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Contact Name
Narita Adityaningrum

Contact Email
narita.a@trisakti.ac.id

Phone
+6281528282851

Journal Mail Official
reformasihukum@trisakti.ac.id

Editorial Address
Jl. Kyai Tapa No 1, Grogol Jakarta Barat

Location
Kota adm. jakarta barat,

Dki jakarta

INDONESIA