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<![CDATA[ANALISIS YURIDIS ALAT BUKTI SURAT KETERANGAN DOKTER (STUDI PUTUSAN NOMOR 187/PID.SUS/2020/PN MLG) ]]>
<![CDATA[Alwan Rasyid Naufal]]>;
<![CDATA[Setiyono]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15032
<![CDATA[Documentary evidence is one of the bases of proving a criminal case which is used before trial to help determine whether or not the defendant is guilty, and the judge who examines a criminal case must pay attention and examine the evidence provided before the trial. Article 54 of Law number 35 of 2009 concerning Narcotics stated that the victims of Narcotics Abuse and Addicts are required to undergo medical and social rehabilitation. But in practice, there are many narcotics abusers and addicts who are not given rehabilitation sentences but given punishment in the form of imprisonment. Therefore, the research’s problem are regarding the strength of doctor's certificate of evidence in narcotics crime case and the inaccuracy of legal considerations given by Panel of Judges regarding the doctor's certificate as evidence given before the trial. The research is a normative and descriptive analytical legal research, using secondary data obtain through library research, analyzed qualitatively and conclusions drawn using deductive understanding. The research conclusions are that the strength of documents as the evidence is independent and narcotics abusers should be given a punishment in the form of rehabilitation but in accordance with the existing and related regulations.]]>
<![CDATA[PERAN KEMENDAGRI DALAM PENUNJUKKAN KEPALA DAERAH SEBAGAI KETUA PENANGANAN PANDEMI COVID-19 JAKARTA ]]>
<![CDATA[Immanuel Ignatius]]>;
<![CDATA[Reni Dwi Purnomowati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15034
<![CDATA[The President receives assistance from the Ministry of Home Affairs (Kemendagri) in managing the Covid-19 distribution. The formulation of the issue is a means of establishing authority for the appointment of Task Force Officers for the Acceleration of Handling Corona Virus Disease 2019 (Covid-19) in accordance with Presidential Decree Number 7 of 2020 and Minister of Home Affairs Circular Letter Number 440/2622/SJ, as well as the Ministry of Home Affairs' attempts to remove barriers that Regional Leaders faced in carrying out the Acceleration Management of Corona Virus Disease 2019 (Covid-19) in DKI Jakarta. Using secondary data for descriptive analysis and qualitative deductive reasoning, the research method is juridical-normative. Research findings, analysis, and conclusions: The Ministry of Home Affairs' involvement in appointing Regional Leaders to delegate authority can hasten the management of the COVID-19 epidemic while still giving due consideration to the economic issue. Regional leaders be able to carry out plans that strike a balance between economic and health-related considerations as executors of regional government issues. Making Joint Decrees of the Ministers of Home Affairs and Finance Number 119/2813/SJ and Number 117/KMK.07/2020 focused on health, social assistance, and saving the economy in their respective regions, notably MSMEs, is being attempted.]]>
<![CDATA[PENANGKAPAN IKAN DENGAN MENGGUNAKAN BAHAN PELEDAK DI WILAYAH PERAIRAN TAKA GARAS MAUMERE ]]>
<![CDATA[Nur Fitriani]]>;
<![CDATA[Dyah Setyorini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15035
<![CDATA[Illegal fishing often use explosives. The Research’s problem is how the policies regarding fishing gear in Law on Fisheries and the Job Creation Law and how fishing carried out by the Kasdin using explosives in terms of the Law on Fisheries and the Job Creation Law (case study Decision Number 4/Pid.Sus-Prk/2020/PN Mme). The research conducted in normative and descriptive analytical legal research, using secondary data and primary and secondary legal materials. The data is analyzed qualitatively and conclusions drawn using deductive logic method. The conclusion is that the policy related to the prohibition of the use of bombs (chemical explosives) in fishing activities is regulated in Law Number 45 of 2009 concerning Fisheries, Minister of Maritime Affairs and Fisheries Regulation Number 18 of 2021 and Government Regulation Number 27 of 2021 concerning the Implementation of Maritime Affairs and Fishery. Based on the case in Decision Number 4/Pid.Sus-Prk/2020/PNMme, Kasdin violated Article 8 (1) of Law 45/2009 Concerning Fisheries, Article 7 (1) and (2) of Minister of Maritime Affairs and Fisheries Regulation Number 18 of 2021, Article 43 (1) Government Regulation Number 27 of 2021 concerning the Implementation of Maritime Affairs and Fishery and can be categorized as illegal fishing using explosive.]]>
<![CDATA[ANALISIS YURIDIS TERHADAP KETERANGAN AHLI DALAM TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN NOMOR:4/PID.SUS/2019/PN.BRB) ]]>
<![CDATA[Bimar Prananta]]>;
<![CDATA[Dian Adriawan Daeng Tawang]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15037
<![CDATA[Verdict Number 4/Pid.Sus/2019/PN Brb (hereinafter reffered as the Verdict) is a narcotics crime case with the defendant Achmad Syarif. The defendant submitted expert testimony, Sofyan Nata Saragih who testified that he had examined the defendant and diagnosed him with Accute Psychotic Schizophrenia Disorder. The Verdict stated the defendant was healthy and his actions could be accounted before the law. This is a problem because expert examination is not dan accordance with applicable regulations. The problems: whether expert testimony dan the Verdict is dan accordance with the applicable laws and regulations and is the Verdict which imposed criminal sentence on the defendant dan accordance with laws and regulations. The purpose of this research is to describe and analyze the Verdict. The research is a normative legal research, using secondary data and analyzed qualitatively. The lack of laws and regulations regarding expert testimony has impact on the wrong decision of the judge dan imposing a criminal sentence on the defendant. It is hoped that DPR can revise KUHAP by presenting 1 clear article regarding the conditions for person to become expert dan criminal case. It is considered necessary for judge to apply Article 180 of KUHAP and Article 19 concerning Mental Health.]]>
<![CDATA[KESEJAHTERAAN KESEHATAN ANAK PADA MASA PANDEMI COVID-19 DI PANTI ASUHAN AMANAH ASSOMADIYAH ]]>
<![CDATA[Intan Diana Fauziyah]]>;
<![CDATA[Wahyuni Retnowulandari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15041
<![CDATA[The purpose of this research is to provide the health of foster children at the Amanah Assomadiyah orphanage during the Covid-19 pandemic and for Children at an age that is prone to being infected with Covid-19. The health of Indonesian children is something that must not be forgotten during this pandemic. Indonesian children's health is something that must be considered and maintained. The legal task is to ensure the welfare of children according to Law Number 4 of 1979 concerning Children’s Welfare. This research’s main problems: what are the fulfillment of the health of foster children at the Amanah Assomadiyah Orphanage during the Covid-19 pandemic and what are the efforts to fulfill the health of children during the Covid-19 pandemic at the Amanah Assomadiyah Orphanage that based on statutory regulations. The research conducted in normative and descriptive analytical legal research and the conclusions are drawn using deductive logic method. The conclusions of this research are that the fulfillment of children's health at the Amanah Assomadiyah orphanage was disrupted during the Covid-19 pandemic and The administrators of the Amanah Assomadiyah orphanage are basically unable to provide health service efforts and children's health needs.]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA MEMBUAT SURAT PALSU SEOLAH SURAT ASLI ]]>
<![CDATA[Antonius]]>;
<![CDATA[Fachri Bey]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15042
<![CDATA[This research uses a legal-normative research method and the legal materials used in this research are primary legal materials consisting of criminal law books, court decision number 102/Pid.B/2020/PN Nga and also books as secondary legal materials, Circular Letter Number 04 of 2020, doctrine and an expert opinion. The results of the research illustrate that (1) the suspects were declared innocent because they did not fulfill all the elements contained in Article 263 paragraph (1) Jo. Article 55 paragraph (1) 1st of the Criminal Code. The suspect were found guilty in Article 268 paragraph (1) Jo. Article 55 paragraph (1) 1st of the Criminal Code. 2) The form of participation of the suspects based on Article 55 paragraph (1) of the Criminal Code, classified into members of the crime who took part in the act (medeplegen, mededader) together.]]>
<![CDATA[PERJANJIAN KEDIT DI BANK RAKYAT INDONESIA CABANG JATINEGARA (STUDI KASUS PERJANJIAN KREDIT NOMOR B.6/122/4/2018) ]]>
<![CDATA[Virly Dwy Amaliah]]>;
<![CDATA[Heru Pringgodani Sanusi]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15044
<![CDATA[The Credit agreements between the Soldiers of Indonesian National Armed Forces and Bank Rakyat Indonesia Jatinegara Branch (hereinafter reffered as BRI Jatinegara) with Inpassing Letters as Collateral are generally only in the form of letters and often seen have no economic value. The research’s problems is about how to carry out the process of credit agreements with Inpassing letters as Collateral at BRI Jatinegara and what is their position. This research is a normative and descriptive analytical legal research, using secondary data and supported by interviews, analyzed qualitatively and the conclusions are drawn using deductive logic methods. The conclusion of the research: the credit agreement process through the use of Inpassing Letter as Collateral at BRI Jatinegara: after the application from the Applicant, in this case the debtor who apply for credit to BRI Jatinegara, has been received and examined carefully by Credit Line Officer and meets the requirements to receive credit, the credit can be realized and the position of Inpassing Letter as collateral for credit at BRI Jatinegara: Inpassing Letter is debtor's claim rights from state so it has economic value, therefore Inpassing Letter is categorized as intangible movable object and can be used as collateral for credit.]]>
<![CDATA[PERMOHONAN PAILIT PERUSAHAAN ASURANSI OLEH AGEN ASURANSI ]]>
<![CDATA[Clarissa Tifanny Shafia Kusumastuti]]>;
<![CDATA[Heru Pringgodani Sanusi]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15057
<![CDATA[The relationship between insurance agent and insurance company is written in an agency agreement, in which there is an explanation regarding the distribution of fee payments as the rights of insurance agent and the obligations of the insurance company. But the relationship between the insurance agent and the insurance company does not always go well when the insurance agent submits a payment for their services, which leads to filing of a bankruptcy petition to the Commercial Court. In filing an application for bankruptcy of an insurance company, the method is different from filing an application for bankruptcy against ordinary individuals or companies. This research discusses how the procedure for applying bankruptcy statement from insurance company that should be according to Bankruptcy and Insurance Law. This is a normative and descriptive analytical legal research, using literature study method and in the results of the research there are several regulations regarding filing bankruptcy applications regulated in Law 37/2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, Law 21/2011 concerning the Financial Services Authority, Law 40/2007 concerning Limited Liability Companies, Law 40/2014 concerning Insurance, and POJK 28/POJK.05/2015 concerning Dissolution and Bankruptcy of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies.]]>
<![CDATA[ASPEK HUKUM PEMUTUSAN HUBUNGAN DIPLOMATIK BAHRAIN DENGAN QATAR BERDASARKAN KONVENSI WINA 1961 ]]>
<![CDATA[Ade Khatibul Rafi]]>;
<![CDATA[Jun Justinar]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15058
<![CDATA[The unilateral termination of diplomatic relations by Bahrain to Qatar in 2017 was based on political elements that disturbed the national stability of Bahrain. Bahrain and Qatar are legally bound by the Vienna Convention because they ratified it. The main problems are whether the termination of diplomatic relations by Bahrain to Qatar is in accordance with the 1961 Vienna Convention and what are the legal consequences occured from the termination of diplomatic relations. The research is a normative and descriptive analytical legal research, with literature studies and the conclusions are drawn using deductive method. Secondary data obtain through library research and analyzed. The results of the research are as follows: 1) The termination of diplomatic relations between Bahrain and Qatar does not violate the provisions of the 1961 Vienna Convention because there is no standard stipulation that stipulates regulations regarding procedures for terminating diplomatic relations. 2) There are legal consequences that cause rights and obligations of each country as stipulated in Article 2 regarding Mutual Consent and Article 45 concerning the right of a sending country to surrendering trust to a third country regarding the supervision of a diplomatic representative building.]]>
<![CDATA[ANALISIS PUTUSAN HAKIM TERHADAP UPAYA HUKUM PENINJAUAN KEMBALI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL ]]>
<![CDATA[Geraldus Himawan Utomo]]>;
<![CDATA[Yogo Pamungkas]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i5.15084
<![CDATA[Justice may file a PK against a PHI decision that has permanent legal force if either of the following circumstances exists, as stated in Article 57 of the PPHI Law: (1) the Supreme Court has determined a case at the cassation level; or (2) the PHI decision has permanent legal force. Legal efforts to settle industrial relations problems only go as far as the cassation level for rights disputes and job termination disputes since the passage of SEMA No. 3 of 2018. Problem statement: Does the law support the judge's decisions to grant judicial review in Decision Number 11 PK/PDT.SUS-PHI/2018 and to refuse judicial review in Decision Number 94 PK/PDT.SUS-PHl/2017? What are the legal repercussions of the judge's ruling in ruling Number 1 1 PK/PDT.SUS-PHI/2018 in favor of judicial review and the judge's ruling in ruling Number 94 PK/PDT.SUS-PHl/2017 to dismiss the PK lawsuit? Secondary data, primary data, and the normative research approach are all of a descriptive character. The release of SEMA Number 3 of 2018 is an effective move to minimize PK legal efforts in the process of settling labor disputes, according to the study's findings, debate, and conclusions.]]>
