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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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MEKANISME PENYELESAIAN SENGKETA TUMPAHAN MINYAK DI LAUT BERDASARKAN HUKUM INTERNASIONAL Satrio Parikesit Kusumo Nugroho; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

There have been numerous leaks caused by oil spills in Indonesian territorial seas, but the Montara oil refinery leak and spill in the Timor Sea, which has been happening since 2009, is particularly significant and is currently being appealed. The way the issue is phrased what procedure is in place to settle claims involving international oil spills? Statements made about the oil spill in the Indonesian Timor Sea by the governments of Australia and Indonesia. According to the agreement, the study methodology is normative research on efforts to settle disputes about marine pollution. As of this writing, data processing is qualitative, and conclusions are drawn using deductive reasoning. The study's findings, analysis, and conclusion were used in the court case between Daniel Aristabulus Sanda and PTTEP Australasia (Ashmore Cartier) Pty Ltd, NSD Number 1245 of 2016, which Judge Yates J decided on March 19, 2021, at the Australian Federal Court in the State of New South Wales. It is ideal for Indonesia and Australia to come to a bilateral agreement that governs the way in which states are held accountable for marine contamination brought on by oil spills from offshore oil drilling operations.

TINJAUAN YURIDIS PENGANGKUTAN KAYU TANPA SURAT KETERANGAN SAH HASIL HUTAN KAYU Fadhila; Irene Mariane
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

For a company involved in the transportation of forest products, the Certificate of Legality of Timber Forest Products (SKSHHK) is crucial. According to Law Number 18 of 2013 concerning the prevention and eradication of forest destruction, the problem is formulated as what permits must be obtained in carrying out a business of transporting timber forest products and what should be the procedure for carrying out a business of transporting timber forest products. The research methodology makes use of deductive reasoning, normative jurisprudence, secondary data, data collection with literature study, qualitative data analysis, and conclusion drawing. According to the Law on Prevention and Eradication of Forest Destruction, research findings, analyses, and conclusions are permits that must be held in order to conduct business and transport timber and forest products includes Timber Transportation Invoices Processed (FA-KO), Certificate of Timber Forest Products (SKSHHK), and Permits for Collection of Timber Forest Products (IPHHK). According to Decision Number 13/Pid.Sus/2018/PN.Rhl, the defendant violated Article 12 letter e and Article 83 paragraph 1 letter b of Law Number 18 of 2013 by transporting timber and forest goods without SKSHHK.

TINJAUAN YURIDIS MENGENAI PRINSIP ITIKAD BAIK DALAM PENOLAKAN KLAIM ASURANSI JIWA KREDIT Millania Tri Rahmadhani; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Because of a breach of the concept of good faith (Utmost Good Faith), which is governed by article 251 of the Indonesian Commercial Code, insurance claims for life insurance are frequently denied by the insurer. The matter is stated as follows: What are the legal remedies for credit life insurance that is not paid by PT Cigna Insurance? The application of descriptive normative research methodologies, the qualitative processing of secondary data, and the deductive drawing of conclusions. The findings of the study, the discussion, and the conclusion that PT. Cigna Insurance's decision to deny credit life insurance claims was modified by article 251 of the Criminal Code led to the discovery that the reasons for the decision were made to the fact that RR. L. Nuning Lestari M is the late Alm. Agoes Soegiarto's successor was brought about by a breach of the covenant of good faith between RR. L. Nuning Lestari M and Alm. Agoes Soegiarto.

PERBANDINGAN HUKUM MENGENAI TINDAK PIDANA PENCURIAN MENURUT HUKUM INDONESIA DENGAN HUKUM IRLANDIA Irsyad Aditya Purnomo Putra; Fachri Bey
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The crime of stealing or the crime of theft is the type of crime that frequently occurs in society. Because there are so many distinct tribes and races in the Indonesian state, each with its own personalities and traits, crime must be closely watched. Like Indonesia, Ireland is not immune to theft-related crimes. How are the similarities and differences in the crime of stealing according to the Criminal Code and Criminal Justice Ireland is the formulation of the issue discussed in this study. While utilizing secondary data found through library research, the research approach adopts a normative juridical research type. Deductive reasoning was used to qualitatively examine secondary data. The study's findings, analysis, and recommendation, specifically the parallels, are in the findings of the study, along with the discussion and conclusion, show that while there are differences in the country's legal system, criminal penalties, the number of articles, how those articles are applied, and penalties for losing rights, there are similarities in the manner in which theft is committed, the losses incurred as a result of the crime, and the purpose of theft. Ireland and Indonesia have significantly distinct legal systems, with Ireland adhering to the common law system and Indonesia following the civil law system. Ireland, meanwhile, adheres to the common law system of law.

TINJAUAN YURIDIS ANAK KORBAN TINDAK PIDANA PERSETUBUHAN OLEH ORANG TUA (PUTUSAN NO.223/PID.SUS/2020/PN.PTI) Regina Natasya; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

One of the duties of parents is to protect their children. The state has assured that children's rights are protected under Law Number 17 of 2016. Problem formulation: Based on the analysis of Decision No. 223/Pid.Sus/2020/PN. Pti, is the suspect's behavior in accordance with Article 81 Paragraph 2 of Law Number 35 of 2014 addressing child protection? and what actions should be taken against parents that coerce their children into having sex (Study of Decision Number 223/Pid.Sus/2020/PN.Pti). Normative legal research technique using secondary data from library research and analytical descriptive nature. Qualitative data processing and deductive reasoning are used to reach conclusions. According to the findings of the study, the discussion, and the conclusion that the defendant's actions are improper under Article 81 Paragraph 2 of Law Number 35 of 2014 in conjunction with Law Number 17 year 2016, preferably using Article 81 Paragraph 3, the sentence imposed by law enforcement is made heavier by one-third of the criminal threat made in the study.

HAK ASUH ANAK (HADHANAH) ADOPSI PASCA PERCERAIAN MENURUT HUKUM ISLAM INDONESIA Renata Thalyssa Kiara; Khairani Bakri
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The institution of marriage serves to formalize a man and woman's connection and to create an everlasting and happy family. Child custody is one of the effects of divorce (hadhanah). Problem statement: Under Indonesian Islamic family law, how is child custody (hadhanah) for adopted children determined? And does Indonesian Islamic family law apply to the Sarolangun Religious Court's Decision Number 144/Pdt.G/2019/PA.Srl? The normative legal research type is utilized in this scientific work's study methodology. The research's descriptive nature, utilization of secondary data backed by primary data, qualitative analysis of the data, and deductive reasoning are all used to make findings. Research findings, analysis, and conclusions (Hanah) Arrangements for child custody for adoptive children have not been governed by Indonesian Islamic family law. The verdicts numbers three and four are not in conformity with the normative law contained in the KHI, as per the provisions of Article 105 letters a and b KHI. To ensure the child's welfare and that their rights are upheld, consideration is given to the child's actual living circumstances when deciding who will be responsible for caring for them.

ANALISIS YURIDIS TERHADAP PEMBERIAN IZIN POLIGAMI OLEH PENGADILAN (PUTUSAN NOMOR 0743/PDT.G/2018/PA.LMG) Febrina Puspito Ningtyas; Khairani Bakri
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In Indonesia today, polygamy, or the union of one man with the status of a husband and multiple women with the status of wives concurrently, still frequently leads to issues. For instance, consider the incident that took place in Lamongan a while back, where the man (the applicant) was forced to marry the second wife. If it wasn't for him, she didn't want to get married. This condition was later legally granted through the Lamongan Religious Court Decision Number 0743/Pdt.G/2018/PA.Lmg. However, it becomes apparent from various angles that a number of legislative requirements have not been met. utilizing secondary sources and descriptive analytical research techniques. The outcomes of the Research, analysis, and findings demonstrate that the pertinent decisions are compliant with the law. Simply put, the applicant's arguments do not follow Law Number 1 of 1974's provisions for Article 4 Paragraph 2 Jo, Government Regulation Number 9 of 1975's provisions for Article 41 letter a Jo, or List of Compilation or Association of Islamic Laws Article 57. Specifically, polygamy is only permitted if the wife is unable to fulfill her commitments, suffers from a handicap or disease, and is sterile.

PENETAPAN ORIENT SEBAGAI CALON BUPATI SABU RAIJUA UU NO 8 TAHUN 2015 Relliano Yopaca Fajrul Falaakh; Tri Sulistyowati
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The procedure for holding regional elections, which is expressly outlined in the law and runs from the registration stage to the inauguration stage, is undoubtedly not a guarantee for the smooth operation of democracy during the holding of regional elections. The issue is formulated as to what the Law No. 1 of 2015's requirements and procedures are for selecting candidates for regents, as well as what the Law No. 12 of 2006's citizenship provisions mean for the Orient Patriot Riwu Kore and the implications of those provisions for his selection as a candidate for regent. Research technique using secondary legal normative data. Deductive logic is used to draw conclusions after a qualitative analysis of the data. The findings of the study, discussion, and conclusion show that Orient citizenship status, which has two (two) nationalities, has been automatically lost and to be determined as a candidate for regent null and void. This is based on the most important requirements for running for office, namely being an Indonesian citizen and having to fulfill other requirements and procedures in accordance with regulations. It is hoped that the Pilkada will follow the rules and satisfy the demands of the Governor, the Regent, or the Mayor as set forth in Law No. 1 of 2015.

PENYIMPANGAN ASAS AMAN DALAM PENDAFTARAN TANAH OLEH KEPALA KANTOR PERTANAHAN KOTA JAMBI Wiwik Diah Lestari; Meta Indah Budhianti
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Land registration by the National Land Agency is based on the ideals of being straightforward, secure, affordable, current, and open, as stated in Article 2 of Government Regulation Number 24 of 1997 Regarding Land Registration. Problem statement: How are deviations from the authority of the Jambi City Land Office Head who disregard the security principle in the implementation of land registration based on Article 2 Government Regulation No. 24 of 1997 handled? Decision Number 12/G/PTUN.JBI addresses these issues. Research technique: qualitative descriptive analysis using interviews and main and secondary data. The study's findings are as follows: 1). According to article 2 of the government regulation from 1997, there are violations of the principle of security in land registration when the head of the Jambi City Land Office issues certificates without being meticulous and complete, which leads to the creation of multiple certificates; 2). The Judge's Decision's contents are improper because they fail to consider the security principle in land registration as stated in Article 2 of Government Regulation No. 24 of 1997.

TINDAK PIDANA DENGAN SENGAJA MENYEBABKAN KEBAKARAN MENGAKIBATKAN KEMATIAN DIPUTUS PASAL 359 KUHP Fachri Ardias Setiawan; Prastopo
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The defendant committed crime on February 15th, 2021 when he returned home because a headache. Arriving at the house he intended to commit suicide by setting himself on fire, but when he started the fire, he felt pain from the fire and he came out from the burning house. Remembering his mother was in the house, the defendant return, but fire had burned the house and caused his mother to burn and died. The Judges in Decision Number 76/Pid.B/2021/PN Bbs, sentenced the Defendant with criminal sentence because it was legally proven he have violated Article 359 of Criminal Code. Whether the defendant fulfilled the elements of Article 359 of Criminal Code and what types of offenses can be imposed on the defendant are the main problems. This research uses prescriptive law type, namely descriptive analytical legal research, using secondary data obtain through library research. analyzed qualitatively and conclusions drawn using deductive understanding. The conclusions: decision from the judges which found the defendant guilty of violating Article 359 of Criminal Code was inappropriate, they should be applying Article 187 paragraph (3) and (2); The defendant’s offenses including: criminal, material, commission, concrete, general, offenses causing danger, completed, single, ordinary and simple offenses.

Page 33 of 107 | Total Record : 1070

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Narita Adityaningrum

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+6281528282851

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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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Abstract

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