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INDONESIA
Reformasi Hukum Trisakti
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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PERLINDUNGAN KONSUMEN ATAS INFORMASI YANG TIDAK JELAS MENURUT UNDANG-UNDANG PERLINDUNGAN KONSUMEN Juni Desiani; N.G.N Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15251

Abstract

Starting with the owner of the food stall R.M., those who conduct their business activities with bad intentions can be identified by the lack of information in the form of transparent prices on the  food menu. As a result, it has been discovered that business  actors charge very high prices to customers who enter food stalls. How the Bogor City Regency regional regulations connect to the requirement for business actors to include pricing on the food menu list and what are the sanctions for food stall business actors R.M. are the formulations of the problem that the author explores. The research is descriptive and normative, use primary and secondary data, qualitative analysis, and deductive logic. The results of the research are the Consumer Protection Law protecting the rights of consumers for clear information.
MASALAH DALAM SISTEM PRE PROJECT SELLING APARTEMEN GRAND CUT MEUTIA Nancy Glhoria Situmorang; Elsi Kartika Sari
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15252

Abstract

The Pre Project Selling system is a method of selling apartments that is used before the building process is complete. The developer, the buyer, and the guarantor agency all profit from this system since it allows marketing to take place even before construction is started. The PPJB. 401/Pdt.G/2020/Pn.Bks, which claims that the developer has breached promises, is accurate. This is known as the Pre-Project Selling System, but in reality it leads to many violations. It is normative juridical research-which is based on secondary data, analytical descriptive with inductive conclusions-was conducted to address these issues. The findings of the investigation, the analysis, and the judgment, all in one ruling decision number 401/Pdt.G/2020/Pn.Bks by the judge has imposed a sanction in which the company Selaras Mitra Sejati states that the developer has correctly broken a promise as described in the order letter in Article 8 Paragraph G there that after which the purchase order was merged with the PPJB. the judge's decision stating that the developer broke promises, such as the UURS regarding sanctions in Article 110, the sanctions that must be fulfilled in this decision are appropriate because they did not submit the PPJB for Grand Cut Meutia Apartments.
PARATE EKSEKUSI ATAS TANAH HAK MILIK SEBAGAI JAMINAN UTANG Elvira Diba Fahlevi; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15255

Abstract

A credit arrangement existed between M.Nova Irdiansa, the debtor, and Bank CIMB Niaga, the creditor, in the case that took place on October 20, 2014. In its ruling on the issue, the Supreme Court's panel of judges rejected the plaintiffs' request for a memorandum of cassation, which was included in the judgement. The plaintiffs in this case, M.Nova Irdiansa and Hj.Enny Adriati, are subject to Article 6 of the Mortgage Act (Parate Eksecusi), which provides legal certainty for debt repayment. The issue is whether Bank CIMB Niaga's execution of mortgage rights on freehold land through a public auction complies with the Minister of Finance Regulation Number 27/PMK.06/2016. Research method is normative law, analytical descriptive, the source literature studies, interviews informants and using deductive logic method. The results the research, discussion and conclusion are that the judge rejected the plaintiffs' cassation because Bank CIMB Niaga was proven to have been authorized by law to carry out executions without the consent of the debtor granting Mortgage Rights (Parate Execution), the implementation of which was based on the promise in Article 2 number 6 Deed of Granting Mortgage Rights (APHT) Number 233/2014, namely by way of auction because it had been agreed beforehand.
TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR 92/PID/2021/PT.JAP) Celine Wiranata; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15256

Abstract

The defendant, Otis Faskar Charkes Arera alias Otis, first committed violence by threatening the victim with a knife strapped around the victim's neck and in front of the victim's child. This threat was made in order to take the victim's property, which belonged to another person. Decision Study No. 92/PID/2021/PT Research Jap. The researcher poses the question: In light of Article 365, paragraphs 2 and 3, of the Criminal Code, are the actions of those who commit the crime of stealing with violence legitimate or not? This study employs a descriptive analytic normative research design and relies solely on secondary data, including main legal materials and secondary legal materials obtained from literature studies and analyzed qualitatively and then uses deductive logic in drawing conclusions. The conclusion of this study, namely that the actions of the perpetrators of the crime of theft with violence are inappropriate based on Article 365 paragraph (2) 1st and 3rd. Suggestions from this study, namely that investigators should in determining the article used as the basis must look at the facts based on Article 365 paragraph 1 in conjunction with paragraph 2 1st and 3rd of the Criminal Code.
ANALISIS PENOLAKAN PERMOHONAN UJI MATERIIL PERATURAN KOMISI PEMBERANTASAN KORUPSI NOMOR 1 TAHUN 2021 Gilang Narawangsa Namara; Ning Adiasih
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15291

Abstract

The Supreme Court's existence is inextricably linked to its status as the highest court in the land, with the power to physically examine and assess legal rules to determine whether a product is legal in terms of content (material) that is incompatible with a higher or higher level. The issue is how the judge's considerations in the Supreme Court decision No. 26/P/HUM/2021 in light of Law No. 19 of 2019 concerning the Second Amendment to Law No. 30 of 2002 regarding the Corruption Eradication Commission (KPK) and its decision Constitutional Court Number 70/PUU-XVII/2019 and the authority of the KPK after the issuance of Supreme Court Decision Number 26/P/HUM/2021 on the Eradication of Corrupt Practices in Indonesia. The research is normative, using secondary data, analyzed qualitatively, deductive conclusions. The results of the research and discussion are that the plaintiff's request must be accepted by the panel of judges who tried the case without changing the permit. The author has opinion that the Supreme Court decision is inconsistent with the applicable laws and regulations. Conclusion: there are differences in interpretation and meaning regarding the national vision test and there is no change in authority before and after decision 26/P/HUM/2021 which is attached to the national vision test of Law No. 19 of 2019.
PERANAN DAN KEDUDUKAN BADAN PENYELENGGARA JAMINAN PRODUK HALAL DALAM KELEMBAGAAN NEGARA Amita Fayzia Handyani; Ninuk Wijiningsih
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15292

Abstract

The executive, legislative, and judicial branches of government are examples of state institutions. The Halal Product Guarantee Agency, also known as BPJPH, was established by state institutions in Indonesia and is in charge of administering and disseminating halal certification. The formulation of the research problem is: what is the status of implementation regarding the granting of halal certification in Indonesia; and whether what BPJPH has done in implementing halal certification is in compliance with the applicable law. The solutions to these issues employ normative legal research methodologies, secondary data as the major source of information, some of which are descriptive in nature, can be qualitatively assessed, and deductive reasoning is used to derive conclusions. According to the study's findings, Indonesia's implementation of the issuance of halal certification complies with applicable law, and BPJPH's implementation of halal certification is still deficient, specifically during the halal certification period.
TINDAK PIDANA MENYEBARKAN BERITA BOHONG MERUGIKAN KONSUMEN MELALUI MEDIA SOSIAL INSTAGRAM Bella Annisa Maharani; Ermania Widjajanti
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15293

Abstract

Online fraud is when a writer accesses a website using internet services with the intention of fooling one of the people he intends to target. As a result, lawmakers must be more aggressive in punishing those who commit fraud, particularly online fraud, by having a deterrent effect on others who do so. 1) Did the Respondent's activities satisfy the criteria listed in Article 45A Paragraph (1) of the Electronic Transaction Information Law Number 19 of 2016 (Research Decision Number 1085/pid.sus/2020/PN.bdg)? This is the problem formulation for this final work; 2) How do judges penalize those who commit online fraud using the social media platform Instagram (analysis of decision No. 1085/Pid.sus/2020/PN.Bdg). With secondary data and qualitative analysis, this form of study is normative, and inferential reasoning is used to arrive at findings. Conclusion: 1) The respondent's conduct satisfy the conditions outlined in Article 45A (1); 2) based on the judge's sentencing in that case, which was based only on theory, particularly contemporary, which combines all three types of sentencing theories-absolute, relative, and a combination of the two-and must satisfy the following criteria: Deterrence, education, rehabilitation, social control, rehabilitation, restorative justice.
SANKSI PIDANA TINDAK PIDANA PENGGELAPAN DALAM HUBUNGAN KERJA Nurul Fadilah; Eriyantouw Wahid
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15294

Abstract

Bagus Setianto committed the offense of embezzlement in working relationships by stealing money from product sales. The question posed in this essay is whether the perpetrator's conduct comply with article 374 of the Criminal Code and if the judge made the right choice in issuing a 2-year sentence. This study use normative research methodologies, analyzes qualitative data, uses secondary data, and uses deductive reasoning to reach findings. The findings revealed that Bagus Setianto had erred by abusing his position as supervisor. Specifically, the defendant had altered the assigned email address and embezzled money from product sales by repeatedly transferring it to his wife's account without getting permission from Pangansari Utama Food Distribution for his own use.
DENGAN SENGAJA TIDAK TAAT PERINTAH ATASAN OLEH PRAJURIT TNI Ryan Maulana; Sutrisno
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15296

Abstract

Giyanto committed the crime by willfully disobeying orders from superiors, and the issue at hand is whether the perpetrator's actions here complied with the law as set forth in the Book of Law 39 of 1997 concerning Military Criminal Law (KUHPM), as well as whether the judge's decision to impose a 6-month sentence plus an additional sentence was proper. This study use normative research methodologies, analyzes qualitative data, uses secondary data, and uses deductive reasoning to reach findings. The findings of the study and the discussion demonstrate that Giyanto is mindful of his decision to disobey or arbitrarily deviate from a superior's order. It follows that his activities satisfied the requirements for a crime as defined in Article 103(1) of the Military Criminal Code.
PRINSIP POLLUTER PAYS PADA PENCEMARAN LAUT AKIBAT TUMPAHAN MINYAK: HUKUM LINGKUNGAN INTERNASIONAL Muhammad Ivandri; Arlina Permanasari
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15401

Abstract

When enforcing environmental laws, both preventive and punitive measures, the polluter pays approach is particularly beneficial. The problem is how the Polluter Pays principle is carried out by countries affected by oil spills in their territorial sea and whether the Polluter Pays principle is carried out by countries affected by sea pollution. This study discusses the implementation of the Polluter Pays principle due to marine pollution due to oil spills and the imposition of compensation. Normative research with literature reviews based on court records and facts that arise in cases of tanker accidents and oil rig leaks is used, data use descriptive analysis. The data sources used are primary and secondary legal materials. The results of the research and discussion illustrate the application of the Polluter Pays principle in cases that result in marine pollution by oil. Polluters also carry out compensation for affected countries by using prices prevailing in the market, taking certain actions and implementing restoration of environmental functions. It was concluded that the application of the Polluter Pays principle is quite effective in dealing with pollution at sea, so that the application of the Polluter Pays principle needs to be fully enforced in marine environmental disputes.

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