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<![CDATA[PEMBAGIAN HARTA BERSAMA MENURUT UNDANG-UNDANG PERKAWINAN DALAM KASUS PUTUSAN NOMOR 161/PDT.G/2019/PN.BDG ]]>
<![CDATA[Lydia Amelia]]>;
<![CDATA[Aline Gratika Nugrahani]]>
<![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.v4i6.15284
<![CDATA[After marriage, unification of assets is created and called total assets. It’s undeniable many couples' quarrels leads to a divorce. In first degree divorce process, judge is obliged to carry out mediation process, and mediator accompanies the process as neutral party. If both parties agree to mediate, then the agreement is in form of settlement. However, what if the deed of reconciliation is submitted to a notary before filing for divorce, and some assets are not listed in the deed of reconciliation after final lawsuit is filed. The research’s problem: How is the distribution of joint assets according to Law Number 1 of 1974 and How does the effect of the Deed of Settlement on the distribution of joint assets in the case number 161/Pdt.G/2019 /PN. Bdg?. The research is a descriptive legal research, using secondary data, supported by primary data and The conclusions are drawn using deductive method. This research states that Article 37 of Law Number 1 of 1974 concerning Marriage that if a marriage is dissolved due to divorce, the assets settled in accordance with applicable laws and settlement agreement is made. There are no more disputes regarding the distribution of joint assets agreed in settlement document.]]>
<![CDATA[PEMBERIAN DISPENSASI KAWIN ANAK DIBAWAH UMUR MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 ]]>
<![CDATA[Fajar]]>;
<![CDATA[Muriani]]>
<![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.v4i6.15287
<![CDATA[Age restriction is a crucial prerequisite for marriage. An application for marital dispensation can be made to the court, and the court will grant a dispensation from marriage if the minimum age requirement has not been satisfied. The problem is formulated as follows: Are the legal ramifications of granting a marriage dispensation in decision number 0080/Pdt.P/2020/PA.Dpk by the Depok court consistent with Law Number 1 of 1974 and Law Number 16 of 2019? The type of study being done by normative legal, analytical descriptive in character, and deductive logic is employed to draw conclusions after processing qualitative data and utilising secondary data. Research findings, a discussion, and a conclusion the legal implications of granting the marital dispensation is giving rise to rights and obligations among the applicant as husband and wife, and also the applicant's dispensation can enter into marriage, are inconsistent with the decision Number 0080/Pdt.P/2020/PA.Dpk with the relevant law regarding the marital dispensation granted by PA Depok. In order to decrease the incidence of early marriages, the panel of judges gave closer consideration to the justifications for requesting a marriage dispensation.]]>
<![CDATA[UPAYA PAKSA PENANGKAPAN DAN PENETAPAN STATUS TERSANGKA TERHADAP TINDAK PIDANA PENCURIAN ]]>
<![CDATA[Tantio Prabowo]]>;
<![CDATA[Asep Iwan Iriawan]]>
<![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.v4i6.15290
<![CDATA[Although the Pretrial Institution was created as a mechanism of supervision to monitor the legality of investigators' use of their authority, in the reality, investigators continue to exercise their power arbitrarily without regard for the applicable processes and rules. The issue is whether the Gorontalo City Police Resort's arrest of Fadlan Ishak and determination of his status as a suspect was in accordance with Law Number 8 of 1981 regarding the Criminal Procedure Code and Perkap Number 6 of 2019, as well as whether the judge's decision to deny all of the applicant's requests in the Pretrial Court decision Gorontalo State Number 9/Pid.Pra/2020/PN.Gto conforms with the requirements of Perkap Number 6 of 2019 and Law Number 8 of 1981 regarding the Criminal Procedure Code. The research approach uses normative law, with qualitative data management and deductive conclusion-drawing. According to the findings of the investigation, the Gorontalo City Police Resort's forced arrest and determination of the suspect's status was in violation of Article 17, Article 18 paragraph (1), and Article 18 paragraph (2) of the Criminal Procedure Code because it was not supported by an assignment letter or an arrest warrant and was not based on enough preliminary evidence.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PEMEGANG TANAH HAK ADAT ]]>
<![CDATA[Benyamin Tomas Setiawan]]>;
<![CDATA[Endang Pandamdari]]>
<![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.v4i6.15295
<![CDATA[As Lahat Regency's Indigenous Peoples, the Dalian have inherited land from their ancestors. The land belongs to the late Maijah binti Jamun, and according to the customary certificate with the number 038/P/TS/2018/1994, she had the status of having customary land rights. By entering into an agreement and a contract with the late Maijah Binti Jamun, Arta Prigel has control over the customary land that is owned by Dalian as the plaintiff and the land certificate has been issued as a Cultivation Right. However, the agreement was not paid for until a lawsuit was filed by Dalian as well as one of the heirs. The issue is whether DALIAN as successors' possession of land with customary ownership rights complies with national land law according to certificate of traditional land rights 038/P/TS/1994. Based on SUPREME COURT DECISION 3173 K/Pdt/2019 by PT. Artha Prigel, how is the legal protection of owners of traditional property rights in connection to land tenure. This style of legal study is descriptive normative. Secondary data is what was used.]]>
<![CDATA[HAK PENGASUHAN ANAK DI BAWAH UMUR SEBAGAI AKIBAT PERCERAIAN ]]>
<![CDATA[Agung Pratama]]>;
<![CDATA[Khairani Bakri]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15039
<![CDATA[The Cases of disputes over child custody (hadhanah) due to divorce are common in society. For underage children, Article 105 (1) KHI provide hadhanah to their mothers. However, court may determine otherwise through a mediation. The research’s problem: what are the provisions regarding hadhanah as result of divorce according to the Marriage Law, and is the Decision of PA Sukadana No: 1057/Pdt.G/2019/PA. Sdn, is in accordance with marriage laws. The research conducted in normative and descriptive analytical legal research, using secondary data obtain through literature studies. The data is analyzed qualitatively and conclusions are drawn using deductive understanding. The conclusion is that the Marriage Law does not definitively regulate the hadhanah. Hadhanah is regulated in Article 105 paragraph (1) KHI, namely "A custody of a child who is not yet mumayiz or not yet 12 years old is the right of the mother". The Contents of the Amar Decision of PA Sukadana which stipulates hadhanah to the father (Defendant) and after the child is 12 years old hadhanah is determined based on the wishes of the child, are not in accordance with the provisions of KHI, but can be justified based on Supreme Court Regulation Number 1 of 2016.]]>
<![CDATA[PEMBAGIAN HARTA PENINGGALAN KEPADA AHLI WARIS MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA ]]>
<![CDATA[Dio Prastika Kris Juniawan]]>;
<![CDATA[Endang Suparsetyani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15212
<![CDATA[Whoever has the right to represent themselves as an heir and the portion they receive is still a concern when a person passes away and their assets are passed to their heirs. The problem that needs to be solved in this study is how to distribute the heirs' inheritance to their heirs according to the Civil Code and whether or not the decisions made in Surabaya District Court Judge Number 973/Pdt.G/2021/PN Sby regarding who would inherit from the heirs of the heirs were appropriate or not. The study's findings, analysis, and recommendation are the distribution of the heirs' inheritance to those of their heirs according to the Civil Code, namely Maity Kaseger and Henriette Beatrix Kaseger, Egenio Mario Nicolas, Stella Thesia Nordie Kaseger, F. Mario Bartolomeus Kaseger, P.J Argo Kaseger, Raphael Mario Angelo. The Surabaya District Court Judge decision number 973/Pdt.G/2021/PN Sby decided that who became the heir of the heir was not in accordance with the Civil Code where the sons-in-law, namely Bing Tjoei and Sri Wurjanti Hartono were included in the inheritance of the heir's inheritance while according to the Civil Code the sons-in-law had no right to inherit because they were not blood related to the heir.]]>
<![CDATA[TANGGUNG JAWAB PENGANGKUT ATAS TENGGELAMNYA KAPAL (ANALISIS PUTUSAN MAHKAMAH PELAYARAN NOMOR HK.212/01/I/MP.2020) ]]>
<![CDATA[Nabila Sesha Abdillah]]>;
<![CDATA[Siti Nurbaiti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15215
<![CDATA[In Indonesian waterways, ferries are a kind of transportion used to move both people and cargo. However, as was the case with the sinking of the KMP Saluang, transportation will not always go as planned. The problems to be discussed: how is the carrier should be held accountable for the sinking of the KMP Saluang under the terms of Law No. 17 of 2008 concerning Shipping and how is the carrier accountable for compensating the owner of the goods for the sinking of the KMP Saluang. This research is descriptive in character, normative, and uses both secondary and primary data. It also employs qualitative analysis and deductive conclusion-drawing. The study's findings, analysis, and recommendations show that, in accordance with Article 41 paragraph (1) sub-b of the Shipping Law, the carrier should be held accountable for the destruction of the goods sent by the sender of the goods and temporarily revoke the Seaman Expertise Certificate for a period one month. The Presumption of Liability system should be used by the carrier's responsibility system to provide recompense to the owner of the products, although in this instance the proof was not carried out by the carrier.]]>
<![CDATA[PENEGAKAN HUKUM PERAMPOKAN BERSENJATA DI SELAT MALAKA BERDASARKAN HUKUM LAUT INTERNASIONAL ]]>
<![CDATA[Nabillah Kamila Affandi]]>;
<![CDATA[Ayu Nrangwesti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15216
<![CDATA[Ships traveling through the Malacca Strait are disturbed and harmed by armed piracy, as was the case in 1999 when armed thieves attacked the Alondra Rainbow Ship. The existence of this case serves as an example of how many parties must work together to combat crimes that endanger maritime security; this is a challenge in dealing with armed robberies. The issue at hand is how the law should be applied in the case of the Alondra Rainbow Ship's armed piracy in the Malacca Strait and what legal efforts have been made by Indonesia in relation to armed piracy in the Malacca Strait. The type of research is descriptive, the methodology employed is normative legal research, and data collection is done through library research, data analysis is done qualitatively. The results of research, discussion and conclusions show that the coastal state makes special regulations against crimes at sea, both piracy and robbery. Legal remedies that must be taken, among others, are the division of supervisory authority, increasing security and more equitable development of coastal areas.]]>
<![CDATA[PRAKTIK PENJUALAN PENGANTIN ANAK DI AFGANISTAN MENURUT PROTOKOL OPSIONAL KONVENSI HAK-HAK ANAK ]]>
<![CDATA[Elya Almadinatulmunawaroh]]>;
<![CDATA[Andrey Sujatmoko]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15218
<![CDATA[Children as a vulnerable group have the right to receive protection by the state, one of which is Afghanistan. In Afghanistan there have been several cases of selling exploitative children. The formulation of the problem in this research is how the efforts have been made by the Afghan government in dealing with the practice of selling child brides in Afghanistan according to the Convention on the Rights of the Child. The research method used in this study is normative juridical and descriptive-analytical in nature, the source of which is secondary data which is analyzed qualitatively, and conclusions are drawn using deductive methods. The conclusion in this study is that the act of selling child brides in Afghanistan is a practice of selling children which is prohibited according to the Optional Protocol to the Convention on the Rights of the Child regarding the Sale of Children, Child Prostitution, and Child Pornography. The efforts that have been made by the Afghan government have ratified the relevant legal provisions, but law enforcement against a number of cases of selling child brides is still not firm and has not been carried out in accordance with applicable law.]]>
<![CDATA[GUGATAN YANG DINYATAKAN TIDAK DAPAT DITERIMA (STUDI PUTUSAN PHI BANDUNG NOMOR 171/PDT.SUS-PHI/2017/PN.BDG) ]]>
<![CDATA[Alvira Zahra Hartono]]>;
<![CDATA[Yogo Pamungkas]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15239
<![CDATA[Termination of Employment Relations is the ending of employment relationships in a way that also terminates the company's and its employees' rights and obligations. Delivered by the PHI Bandung Number 171/Pdt.Sus-PHI/2017/PN.BDG Decision that the lawsuit brought by Plaintiff N.O A vague lawsuit (obscuur libel), in which the formulation of the lawsuit is not clear and it is therefore considered formally flawed, is one of the factors that lead to the lawsuit becoming formally flawed and not being accepted. The formulation of the problem is whether there is conformity with the Decision of the Bandung Industrial Relations Judge Regarding Lawsuit Disputes. The suit (Niet Onvankelijk Verklaard) will not accept termination of employment with Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes and whether Ikhsan Noviandi, S.H.. The research in a normative juridical manner based on literature studies and was analyzed qualitatively with deductive methods and secondary data. From the results of research, discussion and conclusions: The PHI decision is not in accordance with the existing provisions and it is possible for the Plaintiff to seek cassation on the Bandung PHI Decision Number 171/Pdt.Sus-PHI/2017/PN.BDG even though the Plaintiff did not submit such effort.]]>
