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<![CDATA[AHLI WARIS SAUDARA DAN ANAK KANDUNG MENURUT HUKUM WARIS ISLAM ]]>
<![CDATA[Nanda Septianingtyas]]>;
<![CDATA[Khairani Bakri]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13418
<![CDATA[The Qur'an, Hadith, and Ijtihad serve as the foundation for Islamic inheritance law. Ijbari-based inheritance in Islam places children, parents, widows or widowers, and siblings among the heirs. creation of the issue 1) How does Islamic inheritance law treat siblings inheriting alongside their biological children? 2) How acceptable is the Majalengka Religious Court's ruling on the identification of the deceased person's heirs, Majalengka Religious Court Number 0457/Pdt.P/2020/PA.Mjl? Islamic Inheritance Law in Cuminah? Normative research is the kind of study that researchers employ. Descriptive research is the type that was used. With primary and secondary legal resources, secondary data is utilised. Data is qualitatively evaluated, and deductive reasoning is used to reach conclusions. Conclusion: You will not be able to obtain an inheritance if the heir still has biological children and the Judge's Determination is not in accordance with the Al-Qur'an Surah An-Nisa verse (176) in conjunction with Articles 174 and 182 KHI.]]>
<![CDATA[TINDAK PIDANA PENCURIAN BERDASARKAN PASAL 363 AYAT 1 KE-4 (PUTUSAN NOMOR 50/PID.B/2020/PN.JKT.TIM) ]]>
<![CDATA[Muhammad Daffa Rianto]]>;
<![CDATA[Fachri Bey]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13419
<![CDATA[Research findings on the crime of theft based on Fourth paragraph of Article 363. The current passage hardly complies with the Criminal Code's Article 363 paragraph 1 fifth. At the time of the aforementioned crime, which was committed with the participant's assistance rather than using the forged-based key described in Article 100 of the Criminal Code, law enforcement officials were not aware of modern technology. Because perpetrating a theft necessitates entering a specific location that qualifies for inclusion, i.e., a theft that is carried out by two or more people (Decision No. 50/Pid.B/2020/Pn.Jkt.Tim). The method of statistical analysis used to create scientific work in this case is normative statistical analysis, descriptive statistical analysis, data collection through literature studies, and statistical analysis using a qualitative approach so that the author can conclude that. The judge asserts that the 5th article 363 paragraph (1) is incorrect because.]]>
<![CDATA[KRITERIA PROPOSAL PERDAMAIAN PKPU YANG CUKUP TERJAMIN DALAM KASUS KSP INDOSURYA CIPTA ]]>
<![CDATA[Liony Gracia Christiani Purba]]>;
<![CDATA[Sri Bakti Yunari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13420
<![CDATA[A positive development in the PKPU process should be the ratification of the Peace Plan (Homologation). The implementation of payments in the instance of KSP Indosurya, however, did not follow the terms of the homologation agreement. The key issue with this piece is how the creditors of KSP Indosurya attempt to determine whether a peace plan falls under the category of suitably assured. The study method employed is normative legal research, with literature reviews based on secondary data and primary data from interviews supporting it. This study's methodology involves making inferences through deductive reasoning and performing descriptive analyses. The analyses' findings show that KSP Indosurya's peace proposal lacks adequate guarantees. The truth is that the peace proposal offered by KSP Indosurya is not sufficiently guaranteed and the implementation is not according to what was mutually agreed upon. Indosurya Cipta KSP creditors in assessing a peace proposal can submit an examination of the cooperative's financial statements by an independent expert in accordance with Article 238 of the Bankruptcy Law and PKPU.]]>
<![CDATA[TINJAUAN YURIDIS TINDAK PIDANA PERDAGANGAN ORANG DILAKUKAN SECARA BERSAMA-SAMA ]]>
<![CDATA[Sasqia Salsabilla]]>;
<![CDATA[Fachri Bey]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13422
<![CDATA[In cases with the numbers 596/Pid.Sus/2021/PN Jkt Utr, 1449/Pid.Sus/2020/PN Sby, and Decision No. 440/Pid.Sus/2020 PN Cbi, it was established that the three defendants had engaged in human trafficking. The findings demonstrated that the defendant's actions in each of the three decisions were consistent with the charges made against him, but Case No. 596/Pid.Sus/2021/PN JKT UTR's application of Article 296 of the Criminal Code was improper because it did not take into account the lex specialis principle derogat legi generalis. The judge used a variety of theories when making the three decisions.]]>
<![CDATA[KEPASTIAN HUKUM EKSEKUSI HAK TANGGUNGAN BERDASARKAN STUDI PUTUSAN NOMOR 13/PDT.PLW/2016/PN BUKIT TINGGI ]]>
<![CDATA[Sarah Jasmine Syafitri]]>;
<![CDATA[Irene Eka Sihombing]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13423
<![CDATA[In reality, there are still lots of barriers to the execution's implementation, necessitating judicial resolution. The issue at hand in this investigation is whether the execution carried out by creditors complies with the law and how the judge regarded the execution of mortgage rights over land in Decision Number 13/Pdt.Plw/2016/PN Bukit Tinggi. Research of this kind is normative and descriptive in the legal field. The information used in this study comes from primary data sources, and secondary data, the data collection of which was obtained through a literature study. The analytical method is done with a qualitative approach and conclusions are drawn using deductive logic. In conclusion, the creditor has carried out the execution of the Mortgage in accordance with the Mortgage Law based on Article 6 of the Mortgage Law, namely through a public auction whose implementation procedures are in accordance with the auction procedure. The legal provisions used by the Panel of Judges in their considerations were not in accordance with the provisions that should have been.]]>
<![CDATA[ANALISIS YURIDIS PERCOBAAN TINDAK PIDANA PERKOSAAN (STUDI KASUS PUTUSAN NOMOR 87/PID.B/2021/PN.MRH) ]]>
<![CDATA[Talitha Damayanti]]>;
<![CDATA[Vience Ratna Multiwijaya]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13424
<![CDATA[Just as the defendant was about to begin his crime, the victim awoke from his nap, shoved the defendant, and yelled, causing the defendant to flee. Are the defendant's activities in compliance with Article 289 of the Criminal Code (Decision No. 87/Pid.B/2021/PN. Mrh) or not? is the first major concern addressed by the author. 2. How is attempted rape punished under Decision Number 87/Pid.B/2021/PN Mrh? This research is descriptive-analytic, and normative legal research. Data gathering makes use of secondary data obtained through literature studies and the data is processed qualitatively using deductive conclusion. The conclusions of this study: in the Judge's Decision Number 87/Pid.B/2021/PN. Mrh, the judge sentenced the defendant with Article 289 of the Criminal Code incorrectly because according to the facts in the trial the defendant fulfilled the elements of Article 53 paragraph (1) in conjunction with Article 285 of the Criminal Code 2) and the defendant was more appropriately charged with Article 285 in conjunction with Article 53 of the Criminal Code, therefore it should be said that an attempted rape with a prison sentence must be reduced by one third of the principal sentence, namely 12 years - 1/3 = 8 years not 7 years.]]>
<![CDATA[PEMIDANAAN ANGGOTA MILITER PELAKU PERSETUBUHAN SESAMA JENIS (STUDI PUTUSAN NOMOR 231-K/PM.II-8/AU/XII/2020) ]]>
<![CDATA[Muhammad Ramadhion Prastopo]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13425
<![CDATA[These actions are punishable by both disciplinary action and criminal action. For instance, a military member who engages in same-sex sexual activity (gay) may face punishment as a Military Criminal, which includes the following: "refuses or deliberately disobeys an official order, or arbitrarily exceeds such an order" and is subject to the threat of intentional disobedience, as stated in Article 103 Paragraph (1) of the KUHPM. The Panel's judgment in this matter was not correct because it only imposed a sentence of one article, namely Article 103 paragraph (1) of the Criminal Procedure Code, even though the defendant's actions fulfilled the three articles charged, namely Article 294 paragraph (2) 1st Criminal Code, Article 281 1st Criminal Code and Article 103 paragraph (1) the Criminal Procedure Code. the defendant's actions have tarnished the military's image, so the Panel of Judges should have imposed a principal sentence that is heavier than 8 (eight) months or the Judge could maximize the sentence of Article 103 paragraph (1) of the Criminal Procedure Code, namely imprisonment for two years and four months and an additional penalty in the form of dismissal from military service.]]>
<![CDATA[PEMENUHAN KEBUTUHAN AIR BERSIH DI KELURAHAN KAPUK MUARA OLEH PEMDA DKI JAKARTA ]]>
<![CDATA[Devika Anindya Sari]]>;
<![CDATA[Sri Untari Indah Artati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13426
<![CDATA[The state hereby participates in ensuring the people's right to water, which is also referred to as the people's right to water in the process. The issue at hand is whether the provision of clean water in RW 01 Kapuk Muara Village complies with Law Number 17 of 2019 regarding Water Resources, and how the local government manages the provision of clean water to residents of RW 01 Kapuk Muara Village. Normative legal research was conducted to address the issue, and the nature of the research was descriptive and the data used were secondary and primary data and the data were analyzed qualitatively, drawing conclusions using deductive logic. The results of the study stated that the fulfillment of clean water in the RW 01 area of Kapuk Muara Village was not in accordance with the Law on Water Resources. Apart from that, the fulfillment of clean water by the DKI Jakarta regional government also has problems, namely in the Jakarta area raw water is very small in quantity and also in poor quality and in Jakarta itself there is no special reservoir that functions as a raw water reservoir.]]>
<![CDATA[UNSUR KEBARUAN DALAM DESAIN INDUSTRI KEMASAN MINUMAN JAHE ]]>
<![CDATA[Allya Nadhira Putri]]>;
<![CDATA[Simona Bustani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13427
<![CDATA[In accordance with Article 2 of the Industrial Design Law, PT Total Asri Sumber Alam and PT Aneka Boga Citra engaged in an industrial design dispute over the alleged lack of novelty in the packaging for ginger beverages held by PT Aneka Boga Citra. The main issue is how to evaluate the novelty of the ginger beverage packaging industry design in order to obtain industrial design rights based on the Industrial Design Law and what are the legal ramifications of the Supreme Court's decision to declare the dispute over the novelty of the ginger beverage packaging industrial design that belongs to PT Total Asri Sumber Alam with ginger beverage packaging industry design owned by PT Various Boga Citra. The research is normative legal research, descriptive in nature, using secondary data, described qualitatively and conclusions are also by deductive method. This results because of the industrial design of PT Aneka Boga Citra has a configuration of shapes, images and color composition that is similar to the industrial design previously published by PT Total Asri Sumber Alam, then the industrial design of PT Aneka Boga Citra is not a new industrial design in line with Article 2 of the Industrial Design Law.]]>
<![CDATA[ANALISIS PEMBAGIAN WARIS DARI HARTA BAWAAN MENURUT KUHPER & UUP 1974 ]]>
<![CDATA[Mellisa Valencia]]>;
<![CDATA[Khairani Bakri]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13428
<![CDATA[Asset division is one of the effects of marriage. Assets that were acquired throughout the marriage by each party as well as assets that were inherited make up marital assets. When a death occurs, the marital assets turn into an inheritance that is transferred to the heirs. 1) How are inherited assets divided in the distribution of inheritance in accordance with the Civil Code and Law Number 1 of 1974 about Marriage? 2) In light of the Civil Code and Law Number 1 of 1974 regarding Marriage, is Decision Number 79/Pdt.G/2020/PN.Rap appropriate? This study is normative in character and has a descriptive and analytical tone. In addition to secondary data, this study also used primary and secondary legal sources. The data were analyzed qualitatively by deductively drawing conclusions. The conclusion is: 1) With the occurrence of death, inherited assets become inherited assets. So according to the Civil Code and the Marriage Law, related to the case, the inheritance as Hua Sin's inheritance was given to his wife as the heir of the first class. 2) Decision Number 79/Pdt.G/2020/PN Rap is not in accordance with Article 852 of the Civil Code jo. Article 35 to Article 37 of the Marriage Law.]]>
