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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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PEMIDANAAN TERHADAP TINDAK PIDANA MENDISTRIBUSIKAN FOTO PORNOGRAFI MENGGUNAKAN AKUN FACEBOOK Rayhan Sheperd Dwicahyo Pramudito; Azmi Syahputra
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

A single indictment namely, Article 45 Paragraph 1 in conjunction with Article 27 Paragraph 1 of Law Number 19 of 2016 concerning Information and Electronic Transactions as in Decision Number 12 /Pid.Sus/2020/PN Mjn is used to punish those who spread pornographic images using a Facebook account. There are two articles that are identical to each other in Indonesia. How to apply the elements to those committing the crime of distributing or disseminating pornographic images using a Facebook account is the formulation of the issue, as is whether the decision on the criminal act of distributing or disseminating pornographic images using a Facebook account in Decision Number 12/Tip.Sus/2020/PN Mjn in keeping with the intended outcome of the sentence? By combining analytical descriptive research with normative research, the following can be accomplished. Article 45 Paragraph 1 serves as the legal foundation for the conviction for the crime of disseminating pornographic images using a Facebook account. Jo Article 27, Section 1 In terms of the Criminal Code and electronic information, UU ITE is lex specialis and lex consumer, respectively The Pornography Law. The judge in this situation should decide to distribute or make accessible rather than transmit the information.

TINJAUAN YURIDIS TINDAK PIDANA PEMBANTUAN PENCURIAN DENGAN PEMBERATAN (PUTUSAN NOMOR 241/PID.B/2021/PN SBG) Ronaldo; Aprima Suar
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

There are circumstances or a chronology of cases that are essentially this is a qualification of the elements of Article 363 Paragraph 1, 3 in conjunction with Article 56 of the Criminal Code that regulates the crime of assisting theft with weighting. As a defendant named Ranto Silaban, it has been decided and declared legally and convincingly proven guilty of committing the crime of collection in Article 480 1st of the Criminal Code. Problem statement: In the case study of Decision Number 241/Pid.B/2021/PN Sbg, is there a distinction between stealing by weighting and theft by receiving? Also, how are criminal penalties applied in this instance? The study is normative, descriptive-analytical, employs secondary data sources, qualitatively analyses, and applies the deductive technique to generate conclusions. The difference between stealing and weighting is defined in Article 363 Paragraph 1. Third of the Criminal Code, whereas collection is defined in Article 480. First of the Criminal Code, according to research findings, discussion, and conclusion. The penalty for violating Article 480 1 of the Criminal Code, which deals with receiving the strongest threat, is four years in prison. In this case, defendant Ranto helped commit theft with weighting in order to profit.

ANALISIS YURIDIS SANKSI PIDANA KEKERASAN DALAM RUMAH TANGGA (KDRT) (NOMOR 369/PID.SUS/2020/PN MRE) Rafli Novaldi; Dian Adriawan Dg. Tawang
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

DP369/Pid.Sus/2020PN Mre In the Judge's Decision continued the conversation with the Law on the Elimination of Domestic Violence that was hidden in Article 44 paragraph 1. The definition of Domestic Violence or what can be abbreviated as KDRT is an act of a person, especially a woman, which results in misery or suffering sexual, physical, neglect of the household and psychological. The issue at hand is how domestic violence's criminal sanctions will be based on the study of Decision No. 369/Pid.Sus/2020PN Mre and what the goals of the study are as stated in Law on the Elimination of Domestic Violence No. 23 of 2004. The normative juridical analysis technique is used and the rules governing it are examined. The judge gave the offender at least half of the maximum sentence allowed by Article 44 of the Constitution.

ANALISIS YURIDIS PERJANJIAN TERTUTUP BERDASARKAN UNDANG-UNDANG PERSAINGAN USAHA Werner Wada Betu; N.G.N Renti Maharaini
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

AHASS workshop owners are required by the terms of the agreement between PT AHM and the Main dealer and Dealer to accept and purchase other products and services from PT AHM. The issue is whether PT AHM's efforts to enter into closed agreements with Main Dealers and Dealers in Indonesia constitute violations of Article 15 paragraphs 2 and 3 of the Business Competition Law and whether the Rulle of Reason approach, which was employed in KPPU's decision No. 31/KPPU-I/2019, was appropriate in determining such violations. The research is descriptive-analytical in character, employs normative research methodology, uses primary and secondary data kinds, descriptive-qualitative data analysis and deductive reasoning to reach results. Results of the study of the Business Competition Law, Article 15 guidelines, and other related regulations led to the following discussions, findings, and conclusions: PT AHM may enter into an agreement with the Main Dealer, but the agreement may not contain a tying clause or a vertical agreement on discount. Additionally, because the agreement has a negative effect, it is required to use the per seillegal method while proving a closed agreement.

PERLINDUNGAN HUKUM PENCIPTA TERHADAP PLAGIASI DI APLIKASI WATTPAD BERDASARKAN UU HAK CIPTA Aqilah Shafa Qhintara Idris; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In this digital era, digital literacy is a form of work that is well known to many people, moreover, there are many platforms that are ready to accommodate digital literature writers, one of which is Wattpad, but due to the openness of any information on the internet, any work can be accessed by easy and free, that's why many people misuse it with plagiarism. The formulation of the problem is how is legal protection for creators of literary works whose works are plagiarized on the Wattpad application and what sanctions can be imposed on individuals who plagiarize on the Wattpad application. The type of research used is normative, the nature of the research is descriptive, the data sources use primary and secondary data, qualitative data analysis, and the method of drawing conclusions uses deductive logic. Based on the results of the analysis, it is concluded that legal protection for creators of literary works whose works are plagiarized has been provided internationally as well as in national legal instruments. In national legal instruments, the exclusive rights of creators of literary works are protected under Law no. 28 of 2014 concerning Copyright. Other parties who violate CW novels by plagiarizing can be given sanctions, namely in the form of civil sanctions and criminal sanctions.

PERTIMBANGAN HAKIM MEMUTUS BEBAS TINDAK PENGANIAYAAN PASAL 351 (1) KUHP (PUTUSAN NO: 301/PID.B/2020/PN.SBG) Azra Sulaiman; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The high level of heavy persecution occurs for various reasons, including the desire to get something, lack of social control in society, problems that cause hostility between perpetrators and victims, individuals who cannot control their emotions, prejudice against others, humiliated or harassed and feeling betrayed by the perpetrator. The problems in this research are whether the defendant's actions is in accordance with the elements in Article 351 paragraph (1) of the Criminal Code or not and what is the judge's verdict for the perpetrators of the crime of persecution? (Court Decision Number 301/Pid.B/2020/PN Sbg). To answer the problems, the research conducted in normative and descriptive analytical legal research by using secondary data. The conclusions: the verdict was the defendant was acquitted, meaning the decision is not having a deterrent effect on the defendant. Based on the analysis of the subject matter, it should be in the judge's consideration that it was proven that the defendant commited the crime and the judge should give a sentencing decision and the defendant should have been sentenced guilty that the defendant committed the crime of persecution under Article 351 paragraph (1) of the Criminal Code.

PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA KESUSILAAN (STUDI PUTUSAN NOMOR 722/PID.SUS/2020/PN.BKS) Namira Kinanti; Ermania Ermania Widjajanti
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The sophistication of Information and Communication Technology and its various uses indicate an information society. A crime found in society is a crime of decency in ITE. The research’s problem: are the actions of perpetrators of the crime spreading immoral content using Whatsapp and Instagram are properly applying Article 45 (1) in conjunction with Article 27 (1) of ITE Law? and what is the punishment for the perpetrators that spreading immoral content on Whatsapp and Instagram? This research is a normative and descriptive analytical legal research, using secondary material, analyzed qualitatively and the conclusions drawn using deductive logic. The research’s author conclude that the actions taken by the perpetrators are in accordance with the ITE Law, namely the elements in Article 27 (1) in conjunction with Article 45 (1). However, according to the author, the Public Prosecutor’s charge can be accumulated with pornography, in the provisions of Article 4 (1) letter D of the Pornography Law. In this case there is a mixed of concursus realis criminal acts. There is a mixture of concursus realis criminal acts that apply to Article 65 of Criminal Code as a basis for ballast crimes, the maximum criminal provisions plus one third are applied.

PEMIDANAAN TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA SECARA BERSAMA UNTUK DIRI SENDIRI Bella Oktavia Hardimanto; Dhany Rahmawan
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The large number of narcotics abusers are imprisoned, causing prisons to become overcapacity. In addition, narcotics abusers should receive rehabilitation sentences because it is stated in the Narcotics Law, such as the case of Muhammad Wahyudi, who was legally guilty of committing Narcotics Abuse in Group I for himself. The research study is based on court decision number: 50/ Pid. Sus/2021/PN. Ktb. The research’s problems: are the actions of the defendant in Court Decision number: 50/Pid.Sus/2021/PN.Ktb in accordance with the provisions of the applicable laws? The research conducted in normative and descriptive analytical legal research, the data and the data sources used in this research are statutory regulations, jurisprudence and legal doctrines that relevant to the case. The data are analyzed qualitatively and the conclusions are drawn using deductive understanding method. The conclusion from this research is that the abusers must receive punishment in the form of rehabilitation, not imprisonment, because it is guaranteed by the narcotics law and the judges must consider and pay attention to the authority and the obligations of the judge regulated in the narcotics law which are mandatory to provide rehabilitation.

ASILUM HAK CIPTA MUSIK YANG DIKOMERSILKAN TANPA HAK OLEH BISNIS KARAOKE Dena Trysa Aulia; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The case is about Rasa Sayang Karaoke Business Outlet Veranza/Broadway Surabaya which launches music broadcasts without permission from the creators/owners, copyright holders and without paying any royalties. For this reason, the author will conduct a research on how the asylum of copyright law arrangements for musical works that are used without rights by the Karaoke business of Rasa Sayang Surabaya based on Law number 28 of 2014 Concerning Copyright and what is the role of LMK in distributing royalties to creators whose songs are broadcast without rights by the karaoke business outlet Rasa Sayang Surabaya. The research conducted by the authors is normative and descriptive analytical legal research, using secondary data with primary data as supporting data and the conclusions are drawn using deductive method. The legal basis for the copyright of music works that are used without rights by the karaoke business is based on “Article 113 of Law No. 28 of 2014 concerning Copyright". The role of LMK in distributing royalties is to carry out a "socialization system" by sending several letters gradually.

TINJAUAN YURIDIS TINDAK PIDANA PENGEROYOKAN SECARA BERSAMA YANG MENGAKIBATKAN LUKA Chantiqa Dwi Ayudhia Chaerunnisa; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The defendant in the persecution case named Yayan Sopian bin Tardi has been sentenced proven and convincingly guilty of committing the crime of persecution as stipulated in Article 351 of Criminal Code. Through a brief research by the researcher, there are circumstances and a chronology of events which constitute the crime of beating up which resulted in injuries as stipulated in Article 170 Paragraph (2) 1st of Criminal Code. The formulation of the problems in this research are whether the defendant's actions were in accordance with Article 351 of the Criminal Code (Study of Decision Number 541/Pid.B/2020/PN Bdg) or not and what is the Judge’s Consideration in the Decision Number 541/Pid.B/2020/PN Bdg. This research is a normative and descriptive analytical legal research that use secondary data consisting of primary legal materials and secondary legal materials obtained from literature studies, analyzed qualitatively and the conclusions are drawn by using deductive logic methods. The conclusions from the research are 1) The defendant's actions were not in accordance with Article 351 Paragraph (1) in conjunction with Article 55 of the Criminal Code. 2) The considerations used in Decision Number 541/Pid.B/2020/PN Bdg are only based on artistic approach or intuition and wisdom.

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Narita Adityaningrum

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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