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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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PERBANDINGAN PENGATURAN BANK TANAH DI NEGARA INDONESIA DAN BELANDA Roma Tua Situngkir; Sri Untari Indah Artati
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13402

Abstract

According to Government Regulation Number 64 of 2021, which is based on article 1 paragraph (1), the Land Bank is a special institution (sui generis) established by the central government and is given specific authority to control land. The Land Bank, according to the Dutch government agency Dienst Landdelijk Gebied (DLG), is the systematic acquisition and short-term management of rural land by a disinterested state agency with the intention of redistributing and/or leasing this land in order to improve agricultural structures and/or allocating return of land for other purposes in the public interest. The question is: How do the land bank arrangements in Indonesia and the Netherlands compare and contrast, and what are the underlying causes of these similarities and differences in land bank arrangements in Indonesia and the Netherlands? This type of research is normative, descriptive research, uses inferior information, qualitative analysis, and the conclusions use deductive logic. The conclusions in this research, 1) The similarities and differences of Land Banks in Indonesia and the Netherlands as well as the factors of the similarities, namely the legal system and the needs and factors of differences, namely the concepts adopted by the countries of Indonesia and the Netherlands.
PERLINDUNGAN DUTA BESAR ITALIA OLEH REPUBLIK DEMOKRATIK KONGO DITINJAU DARI HUKUM DIPLOMATIK Angela Farrah Azizah; Maya Indrasti Notoprayitno
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13404

Abstract

The ambassador is in charge of the diplomatic mission that is under international protection. The diplomat is granted immunity and perks to speed up the mission he will carry out. The killing of the Italian ambassador in the Democratic Republic of the Congo in 2021 highlights the question of how the sending country's efforts to hold this case accountable and the receiving country's measures to protect diplomatic staff. This research is normative in nature and was based on literature reviews. It was qualitatively examined using deductive approaches and secondary data collecting. The analysis' findings, which are based on the 1961 Vienna Convention and the 2001 ILC State Accountability Draft, indicate that the DRC failed in carrying out its obligations to protect and guarantee the safety of the Italian ambassador. RDK should be able to take more action than just carry out satisfaction accountability. Therefore, it was concluded that Italy has the right to hold internationally responsible for the DRC's failure to protect diplomatic officials.
INDEPENDENSI PENGADILAN PAJAK DITINJAU DARI PASAL 24 AYAT (1) UUD NRI 1945 Adiel Muhammad Kanantha; Ferry Edwar
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13405

Abstract

Number of the Constitutional Court's ruling: 10/PPU-XVIII/2020 This puts the Tax Court's impartiality to the test. The Constitutional Court approved the change made to Law No. 14 of 2002's Article 8 paragraph (2), which now reads, Chairman and Deputy Chairperson are appointed by the President who is elected from and by Judges who are then proposed through the Minister with the Approval of the Chief Justice of the Supreme Court for one term of office. Five years and rejected Law No. 14 of 2002's Article 5 Paragraph 2. The question posed is whether the Tax Court has been independent in exercising its judicial authority and what legal measures might be implemented to ensure the Tax Court's independence. The normative writing approach, the nature of descriptive writing, the type of data using secondary data, qualitative data analysis. As well as drawing conclusions is done with deductive logic. Based on the results of the study, the Tax Court as part of an independent Judicial Power should exercise independent judicial power, but the Tax Court in Law No. 14 of 2002 still places the Tax Court under executive supervision even though it has been tested at the Constitutional Court.
KONSINYASI PENGADAAN TANAH AKIBAT TUMPANG TINDIH KEPEMILIKAN TANAH MILIK SAMPOERNA AGRO Annisa Putri Kusumawardani; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13406

Abstract

The Pematang Panggang-Kayu Agug II toll road building project involved land acquisition. PT Sampoerna Agro Tbk is the owner of the impacted property. Other parties make claims during the compensation procedure, turning the land become the subject of a legal dispute. The problem is how compensation is assigned in court for the acquisition of land owned by PT Sampoerna Agro Tbk. Additionally, how does the judge view the concurrent issue involving PT Sampoerna Agro Tbk's land use rights that resulted in a consignment? The research is normative legal research, descriptive in character and is obtained from secondary data and primary data and for drawing conclusions will use deductive logic. The conclusion is the procurement of land for the Pematang Panggang-Kayu Agung II toll road on land owned by                                  PT Sampoerna Agro Tbk has complied with the applicable regulations, but the consignment made is slightly different from the applicable regulations and there are principles of land acquisition and application of social functions in Article 6 of the UUPA which have been violated. The judge's consideration in the decision has won PT Sampoerna Agro Tbk in the right of ownership over land for oil palm plantations.
KOMPETENSI ABSOLUT PENGADILAN HUBUNGAN INDUSTRIAL JAKARTA PUSAT BERDASARKAN KLAUSULA ARBITRASE (PUTUSAN: 247/PDT.SUS-PHI/2019) Sunita Caroline Pontoh; Andari Yurikosari
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13407

Abstract

PT Harry Sangari, the defendant, failed to pay him his salaries. Phillip Sekuritas Indonesia because the employment contract between the plaintiff and the defendant has an arbitration clause that impairs the Industrial Relations Court's unqualified authority. This research focuses on Decision 247/Pdt.Sus-PHI/2019. Deals with the topic what is the analysis of the decision made by the panel of judges of the Industrial Relations Court Central Jakarta in deciding dispute number 247/Pdt.Sus-PHI/2019 regarding the arbitration clause in a cooperation agreement, and how is the absolute competence of the Central Jakarta Industrial Relations Court in examining and deciding disputes on rights based on the arbitration clause in the cooperation agreement based on statutory regulations. This research is normative, descriptive, using primary and secondary data, qualitatively analyses, with a deductive method. It can be concluded that the industrial relations court does not have the authority to decide on the case because the procedural law that applies to the parties is the civil procedural law contained in the civil code. Analysis of the Decision  Number 247/PDT.SUS-PHI/2019 is not in accordance with Article 50 of Law Number 48 of 2009 concerning Judicial Power so that the decision is included in the wrong an unreasonable decision.
HASIL PENELITIAN YURIDIS PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP DI KOTA CILEGON Adinda Permata Putri; Endang Suparsetyani
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13408

Abstract

Complete Systematic Land Registration (PTSL), a process to concurrently register land for the first time for all land objects to be registered in Indonesia. The issue is how the PTSL is being implemented in Cilegon City in accordance with the relevant laws. What challenges and initiatives does the Cilegon City Land Office encounter in its PTSL Program Activities? Research is the normative legal technique, qualitatively assessed, and deductive reasoning. According to Ministerial Regulation No. 6 of 2018 governing PTSL, this paper's conclusion is that PTSL in Cilegon City has gone through 13 stages. The challenges faced are a lack of public information regarding costs, completeness of proof of land ownership and complementary processes from previous applicants, overlapping, broken land histories, incompatibility of juridical data with physical data on land parcels, slow signing process by the village committee team, designation of field boundaries not attended by the applicant and boundary neighbors. As well as the efforts made are counseling related to PTSL insights, counseling to complete evidence of land ownership, improving the quality of juridical data and physical data, subject data collection for counseling invitation letters, coordinating with the Cilegon city government, involving the government and Cilegon city officials.
PENAYANGAN FILM TANPA IZIN OLEH TVRI BERDASARKAN UU NO. 28 TAHUN 2014 TENTANG HAK CIPTA Faradila Sabrina; Aline Gratika Nugrahani
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13409

Abstract

Copyright is an exclusive right that belongs to the inventor or right holder and is covered by legal protection. This implies that the author has the authority to let or forbid others from exploiting his creation. A film creator has issued a subpoena to TVRI, a government-owned broadcast organization, for his acts in airing the disputed movie without the creator's consent. A protected object under Article 40 of the 2014 Copyright Law No. 28 is film. The issue in this essay is whether TVRI, a government organization, needs permission to exhibit a copyrighted work and whether TVRI violates the law if it broadcasts a work without authorization. he nature of the research is descriptive and conclusions are drawn using the deductive method. Based on the results of TVRI's research, Article 5 paragraph (1) and Article 9 paragraph (1) of the Copyright Law and Article 7 paragraph (1) of the Public Information Disclosure Act were committed.
TENDER PROYEK PEMBANGUNAN JALAN AKSES BANDAR UDARA SIBISA, SUMATERA UTARA BERDASARKAN HUKUM PERSAINGAN USAHA Tara Damayanti; Sharda Abrianti
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13410

Abstract

In its ruling on Case Number 18/KPPUI/2018, the Business Competition Supervisory Commission (KPPU) found a violation of Article 22 of Law Number 5 of 1999 regarding Bidding for the Construction of the Access Road for Sibisa Airport in North Sumatra Province. The Medan District Court incorrectly upheld the KPPU's ruling in ruling Number 681/Pdt.Sus.KPPU/2019/PN-Mdn. The primary issue in this study is to examine how to choose the winning bid for the construction of the Sibisa airport access road in North Sumatra and whether the decision regarding bid rigging for the construction of the Sibisa North Sumatra airport access road is in compliance with Article 22 of Law Number 5 of 1999 prohibiting monopolistic practices and unfair business practices. he type of research chosen by the author is normative legal research with the nature of descriptive research using secondary data. The results of the study were analyzed qualitatively by using a deductive conclusion. The conclusion of this research is in the process of determining the winning tender for the construction project of the Sibisa airport access road, North Sumatra.
RISALAH MEDIASI SEBAGAI SYARAT FORMIL DALAM MENGAJUKAN GUGATAN PENGADILAN HUBUNGAN INDUSTRIAL Raden Reza Faris Thrienandya; Andari Yurikosari
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13411

Abstract

The PHI judge in decision Number 211/Pdt.Sus-PHI/2020/PN.Jkt.Pst) granted part of the Plaintiff's lawsuit, but the PHI Judge did not state that the PHI settlement process must be proven to have mediated by showing the minutes of mediation settlement as a formal requirement for filing a lawsuit at the Industrial Relations Court issued by an authorized official as a mediator to provide minutes of mediation settlement to the disputing parties. The type of research here is normative research with secondary data sources supported by primary data. The nature of descriptive research and conclusions with deductive reasoning. This research resulted in the conclusion that the judge's consideration of the mediation minutes in the decision was not in accordance with the applicable laws and regulations. Decision Number 211/Pdt.Sus-PHI/2020/PN.Jkt.Pst the judge did not heed the exceptions from the defendant so the judge continued to decide the case and rejected the defendant's exception regarding the processual exception.
ANALISIS DI TAKE DOWN-NYA LAGU KEKE BUKAN BONEKA OLEH PIHAK YOUTUBE Alexandra Nicole Karauwan; RR. Aline Gratika Nugrahani
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13417

Abstract

Kekeyi is the singer and composer of the song Keke Not a Doll. The video for the song Keke Not a Doll was uploaded to YouTube about six days ago. YouTube later removed the video because to a copyright claim made by Rini Idol-Aku Not a Doll. The main issue is whether or not Kekeyi's song Keke Not a Doll violates the copyright for Kekeyi's song I'm Not a Doll and whether YouTube's action in removing the song is an attempt to protect that copyright of Novi Umar. It is legal research, use secondary evidence, descriptive and uses the deductive method to reach findings. According to the research, the song I'm Not a Doll by Novi Umar is copyleft protected. As a result, YouTube's removal of the song Keke Not a Doll by Kekeyi is an effort to uphold copyright, and Kekeyi took a significant portion of the song I'm Not a Doll. Not a Doll, which is a feature of the song I'm Not a Doll, in which the majority of the song's lyrics are derived, as well as copyright infringement, is governed by Article 44 of Law Number 28 of 2014 concerning Copyright.

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