Articles
1,070 Documents
PEMBANGUNAN JURASSIC PARK DI PULAU KOMODO BERDASARKAN WORLD HERITAGE CONVENTION 1972
Irfanto Norchamahdi;
Amalia Zuhra
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.v5i1.15402
In 2020 a Geopark will be built that carries the Jurassic Park concept which has caused a lot of polemic in the community, whether the development is said to violate the provisions of the World Heritage Convention. This requires the government to make efforts to preserve the Komodo dragon as an endangered species. The problem is whether the construction of the Komodo Island Jurassic Park violates the provisions of the 1972 World Heritage Convention and what efforts need to be made to protect and preserve Komodo dragons? The article is normative research methods were carried out. Data processing is done qualitatively and conclusions is done using deductive methods. The results of the research and discussion are that the development of the Komodo National Park is an integrated and well-planned planned infrastructure regeneration which includes the design of areas, routes, supply of clean water, waste management, cleaning, and rejuvenation of human settlements. Jurassic Park Komodo National Park will not have a negative impact but a positive impact because the goal is to protect the diversity of the earth through conservation. 5 of 1990 concerning the Conservation of Living Natural Resources and their Ecosystems.
PENGGUNAAN SURAT IZIN PENANGKAPAN IKAN (SIPI) PALSU OLEH KAPAL ASING PENANGKAP IKAN
Alika Shanya Deivira Nofendi;
Sri Untari Indah Artati
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.v5i1.15416
Every fishing activity requires a fishing permit (SIPI), yet as determined by Decision Number: 08/Pid.Prkn/2011/PN.TPI, foreign vessels continue to engage in fishing using forged licenses. The formulation of the issue in this study is compatibility between the legal repercussions for foreign ships that violate the SIPI falsification laws in the decision number 08/PID/PRKN/2011/PN.TPI and Law no. 45/2009 concerning amendments to Law no. 31/2004 concerning Fisheries, as well as what challenges foreign-flagged vessels encounter when making SIPI in order to use fake SIPI. Normative legislation is the study methodology used, using secondary data backed up by primary data. analysis of qualitative data leading to deduction. The study's findings and commentary demonstrate that from the conclusions of Article 94A jo. 28A Point B Law no. 45/2009 regarding changes to Law no. 31/2004 the fines imposed by the judges were not optimal and the constraints experienced by foreign-flagged vessels for fishing activities, since 2007 the Government of Indonesia has issued a policy regarding not extending fishing permits for foreign-flagged vessels.
PEMBERIAN SANKSI BERUPA PEMBEBASAN JABATAN OLEH BUPATI DI KOTAWARINGIN TIMUR KALIMANTAN TENGAH
Ernawati;
Yogo Pamungkas
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.v5i1.15417
Sanggul is a State Civil Apparatus who has brought the "Decree of the East Kotawaringin Regent Concerning Disciplinary Punishment for Exemption from Position" to the Palangkaraya State Administrative Court as the subject of the dispute. The issue with this article is that the steps used by the Kotawaringin Timur regent to inspect Sanggul and impose sanctions on his dismissal from office in Decision 3/G/2021/PTUN.Plk were not in accordance with the steps outlined in PP No. 53/2010 on Civil Service Discipline. The research methodology employed is normative juridical, which analyzes primary and secondary evidence before drawing inferences based on qualitative analysis. The findings of this study show that the Kotawaringin Timur regent's methods for applying disciplinary sanctions were procedurally faulty since they did not follow the PP above. According to the study's findings, because the Kotawaringin regent did not follow the inspection procedure exactly as required by the government regulation on civil servant discipline, he was deemed careless and negligent in carrying out the administrative stages. The East Kotawaringin regent then brought about the repercussions of not achieving the requirements of Articles 23 and 24 of the PP above.
POTENSI PENGGUNAAN LENIENCY PROGRAM DALAM PERKARA KARTEL INDONESIA: STUDI PERBANDINGAN LENIENCY JEPANG
M Faqih Surbakti;
Anna Maria Tri Anggraini
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.v5i1.15419
The leniency program is a pardon mechanism that allows cartel members to complain to the business competition authorities about cartel operations and receive partial or whole exemption from the penalties and/or fines that should be imposed. In Japan, the Leniency Program is in use. This article's formulation of the problem is how to create a leniency program in Japan based on the Antimonopoly Act and what are the chances of doing so to expose cartels in Indonesia's competition law system. This article offers a normative legal analysis of Indonesia's prospective use of leniency schemes in cartel proceedings. The research is descriptive-analytical in character, and data collecting through literature reviews and interviews, whereas data processing is qualitative. The findings of the research and debate indicate that it is highly likely that Indonesia will implement the leniency program by enacting the bill as the new Business Competition Law. The research's finding is that the leniency program is likely to be implemented in Indonesia by passing the bill as the country's new Business Competition Law because it is comprehensively implemented in Japan, from reporting procedures to sentencing reductions. It is suggested that Law No. 5/1999, whose provisions include a leniency program system, be amended, and that the KPPU then work with the LPSK to offer protection for reporters in the leniency program system.
PEMBERIAN GANTI KERUGIAN PEMBANGUNAN JALAN TOL DI KABUPATEN OGAN ILIR
Azarine Nuratna Shafa;
Endang Pandamdari
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.v5i1.15423
In order to implement the supply of fair and appropriate compensation during land acquisition for the public benefit, the implementation of compensation must be founded on land acquisition principles. The question being addressed is whether or not the compensation being granted for the construction of Phase I of the Simpang Indralaya-Muara Enim Toll Road in Ogan Ilir Regency is appropriate or not in light of the principles of land acquisition, as well as whether the provisions of the cassation decision No. 701 K/Pdt/2021 regarding the compensation being granted are appropriate or not in light of those principles. Normative legal research is the research method used to address the issues in the study, and analytical descriptive, secondary data kinds are the research's nature and making judgments based on deductive reasoning. The study's findings demonstrate that the provision of compensation for the Phase I Simpang Indralaya-Muara Enim Toll Road in Ogan Ilir Regency is not in accordance with the principles of agreement and openness, and the contents of the appeal decision number 701 K/Pdt/2021 regarding the provision of compensation strengthen the decision of the Kayuagung district court number 39/Pdt.G/2020/PN Kag which is not in accordance with the principles of agreement on land acquisition.
PENEGAKAN HUKUM KEPADA WARGA NEGARA ASING TERKAIT TINDAK PIDANA KEIMIGRASIAN DOKUMEN PALSU
Dimas Refaldy;
Tri Sulistyowati
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.v5i1.15426
Indonesian Immigration is regulated by Law no. 6 of 2011 concerning Immigration, which is carried out by the Directorate General of Immigration in accordance with Article 1 paragraph (6). Problems: how did the violation of the use of fake immigration documents by Muhammad Habib a Bangladesh citizen occur and how was the supervision of foreigners who used fake documents in Indonesia, and was the District Court Decision Number: 172/Pid.B/2020/Pn.Tsm against Muhammad Habib is in accordance with the law on Immigration. This research is normative, descriptive in nature, uses secondary data, analyzed qualitatively, conclusions are drawn using a deductive method. Research results: Muhammad Habib made a mistake by submitting fake identity documents. Supervision of foreigners is carried out in accordance with a selective policy which aims to ensure that foreign nationals come to Indonesia to bring benefits to Indonesia.
PENAHANAN DAN EKSEKUSI PEMIDANAAN ANAK YANG TIDAK DITEMPATKAN DI LPAS DAN LPKA
Mega Mustika Noviyanti;
Setiyono
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.v5i1.15428
Children are the generation that will shape the course of the country. For them to develop into mentally and physically fit youngsters as well as future seeds, children need guidance and preparation from an early age. Juvenile delinquency always rises year, thus measures to stop it must be supported and regulated by law. It is said that a youngster committed stealing in case number 6/Pid.Sus-Anak/2022/PNSrg. The formulation of the problem in this thesis is how to carry out the detention of children during the investigation and trial, as well as how to carry out the punishment of children in the case. Normative legal research is the method of inquiry used in this thesis. The research's analytical descriptive nature calls for a qualitative approach to data processing. The findings of the research and discussion demonstrate that the detention of the suspect while he was still a minor during the investigation phase of the case up until his sentencing did not follow the guidelines outlined in Article 1 Point 21 of the SPPA Law because the suspect was held at the Serang Police Detention Center throughout the investigation phase and trial phase of the case. The manner in which the punishment was carried out following the judgement did not adhere to the rules outlined in Article 1 Number 20 of the SPPA Law because the implementation of the sentence against the convict is carried out at the Serang Police Detention Center.
ANALISIS YURIDIS RUANG TERBUKA HIJAU TERHADAP PENCEGAHAN BANJIR DI SEBAGIAN JAKARTA BARAT
Nadya Rahma Putri;
Hasni
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.v5i1.15869
Public and private green open space are the two categories that make up green open space. The 2007 Law on Spatial Planning Number 26 regulates the percentage of green open space that urban areas must own. How can efforts be made to obtain at least 30% green open space in the West Jakarta region and how is the availability of public green open space for flood prevention in some areas of West Jakarta formulated as the problem? Utilizing normative and descriptive analysis techniques on two types of data-namely, secondary and primary data-in this study. Additionally, the analysis was conducted utilizing qualitative techniques, and results were reached using deductive reasoning. The findings of the study Discussion explain that the West Jakarta region's green open spaces still fall below the recommended minimum of 30%, making it impossible for them to effectively and efficiently serve as water catchment areas to prevent flooding in some regions of West Jakarta. The amount of green open space in West Jakarta is currently 8.64%, which is far below the existing target of at least 30%. As a result, green open space cannot currently prevent flooding in some areas of West Jakarta, and the Regional Government is making efforts to achieve the minimum target of 30% green open space, including land acquisition.
ANALISIS PERPRES NO. 113 TAHUN 2021 DITINJAU DARI PUTUSAN MK NO. 91/PUU-XVIII/2020
Nurfatika;
Ferry Edwar
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.v5i1.16002
The Law No. 11 of 2020 Concerning Job Creation (Job Creation Law) has been declared to be conditionally unconstitutional by the Constitutional Court Decision No. 91/PUU-XVIII/2020, which means that the articles put up for review have been found to conditionally violate the 1945 Constitution. However, following the reading of the Decision, the Government issued Presidential Regulation No. 113 of 2021 concerning the Structure and Implementation of the Land Bank Agency. This regulation has to do with the Job Creation Law and is in contravention of the Constitutional Court's ruling that the Government must suspend or postpone any policies related to the Job Creation Law. Whether the issue of Presidential Decree No. 113 of 2021 is in accordance with the Constitutional Court Decision No. 91/PUU-XVIII/2020 and what are the legal consequences of the issuance of Presidential Decree No. 113 of 2021. This research uses a normative juridical method. The results of this study indicate that based on the research that has been done, it can be concluded that the issuance of Presidential Decree No. 113 of 2021 violates and contradicts the Constitutional Court Decision No. 91/PUU-XVIII/2020.
PEMBELAJARAN DARING NEW NORMAL COVID-19 SESUAI KETENTUAN KESEJAHTERAAN ANAK DAERAH SUSAH AKSESBILITAS
Atikah Dannah Lestari;
Wahyuni Retnowulandari
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25105/refor.v5i1.15036
Children's rights under Law No. 4 of 1979, specifically the right to education, were not fully upheld in online learning during the Coronavirus Disease 2019 (Covid-19) period. The formulation of the issue highlighted in this study is how to comply with Law No. 4 of 1979's provisions on child welfare with relation to online learning during the new typical era of Covid-19, and what child welfare initiatives have been undertaken by the Regional Government? The type of data used in the descriptive analytical normative legal research approach is secondary data containing the results of interviews. This study was carried out in a qualitative analysis with deductive conclusions drawn. The results of the research and discussion show that the welfare of the children of SDN 003 Sabang Mawang in education has not been properly met due to various factors that hinder the fulfillment of children's rights, in this case parents, government and society are still trying to make efforts to fulfill children's welfare. The conclusion of this study is that during the new normal period of Covid-19 in areas where accessibility is difficult it requires special attention from the government in infrastructure regarding education.