cover
Contact Name
Narita Adityaningrum
Contact Email
narita.a@trisakti.ac.id
Phone
+6281528282851
Journal Mail Official
reformasihukum@trisakti.ac.id
Editorial Address
Jl. Kyai Tapa No 1, Grogol Jakarta Barat
Location
Kota adm. jakarta barat,
Dki jakarta
INDONESIA
Reformasi Hukum Trisakti
Published by Universitas Trisakti
ISSN : -     EISSN : 2657182X     DOI : https://doi.org/10.25105/refor
Core Subject : Social,
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
Articles 1,070 Documents
ANALISIS YURIDIS TINDAK PIDANA PENGGUGURAN KANDUNGAN (STUDI PUTUSAN NOMOR 40/PID.B/2020/PN.WNO) Timothy Pangihutan; Norbert Tanto Harjadi
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13615

Abstract

The defendant Arvita Sari Winda Adi Prastowo Binti Suradi in November 2019, located in Pulegundes Hamlet, Sidoharjo Village, Tepus District, Gunung Kidul Regency or another place which is still within the jurisdiction of the Wonosari District Court, was legally and convincingly proven guilty of committing the crime of intentionally carrying out an abortion obstetrical is not in accordance with medical reasons by using curettage obtained through online media. Based on the analysis carried out, it can be concluded that the application and elements of the criminal act of abortion in the provisions of article 346 of the Criminal Code are not appropriate because based on the principle of lex specialis derogate legi generali, special rules apply that regulate types of sentencing.
PEMBERIAN SANKSI BAGI APARATUR SIPIL NEGARA YANG MELAKUKAN PELANGGARAN DISIPLIN BERAT Afrita Miranti; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13616

Abstract

This was experienced by Sri Endang Mulyani, who was subjected to severe disciplinary punishment with the object of dispute in the form of a Decree of the Governor of Central Java on suspicion of having a special relationship with a man who was not her legal husband. The main problem discussed in this thesis is whether the actions committed by Sri Endang Mulyani in Decision Number 20/G/2020/PTUN.SMG can be said to be serious disciplinary violations and whether the process of examining and imposing sanctions given by the Governor of Central Java is in accordance with Government Regulation Number 53 of 2010. To answer this problem a research was carried out, with the nature of descriptive analysis research, and the results of the research were carried out qualitatively and conclusions were made using the deductive method, which resulted in the conclusion that the violations committed by Sri Endang Mulyani could not be said to be a serious disciplinary violation and the inspection process carried out by the Governor of Central Java was appropriate, but the imposition of sanctions by the Governor of Central Java was not in accordance with Government Regulation Number 53 of 2010.
ANALISIS YURIDIS TERKAIT DENGAN PENILAIAN HAKIM TERHADAP ALAT BUKTI SURAT DALAM PERKARA GUGATAN PEMBATALAN MEREK Amartha Christine; Gandes Candra Kirana
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13617

Abstract

The law of evidence can be said to be the key to whether or not a lawsuit filed according to the Civil Procedure Code is proven, where documentary evidence which is the main evidence plays an important role which must be considered by the panel of judges. The formulation of the problem that the author discusses is how the strength of the documentary evidence provided for in Article 164 of the Herzien Inlandsch Regulation is related to the evidence by the Plaintiff in the Trademark Cancellation Lawsuit? and whether the consideration of the Panel of Judges in the verdict which did not take into account the documentary evidence provided by the party filing the lawsuit complied with the Provisions in the Civil Procedure Code? The research was conducted using normative juridical research methods, using secondary data. Based on the results of the analysis, the Panel of Judges did not consider the documentary evidence in the form of an authentic deed submitted by the Plaintiff.
ANALISIS YURIDIS TERHADAP PENYELESAIAN PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA (KASUS PUTUSAN NOMOR: 28/pdt.Sus-PHI/2020/PN.Tpg) Tresiaty Sibarani; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13618

Abstract

PT Aswin Transportation Wisata (Defendant) unilaterally terminated the employment relationship with the Workers (Plaintiff) via text message on the grounds that the Covid-19 pandemic never ended so that the Defendant could not pay the Plaintiffs' wages each month. The problem of this research is whether the settlement of termination of employment between the Plaintiffs against PT Aswin Wisata Transportation is in accordance with statutory regulations and whether the Judge's Decision on the settlement of the termination of employment dispute between the plaintiffs against PT Aswin Tourism Transportation in accordance with the laws and regulations? To answer this question, a normative juridical research was carried out, which is descriptive-analytical by using secondary data which was analyzed qualitatively by deductive method as a conclusion. The results of this study are the process of settling industrial relations disputes and the Judge's decision in decision Number 28/Pdt.Sus-PHI/2020/PN.Tpg not in accordance with the PPHI Law.
PEMBERESAN UTANG PAJAK PT UNITED COAL INDONESIA KEPAILITAN PUTUSAN NOMOR 557 K/PDT.SUS-PAILIT/2018 Shodiq Aminullah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13619

Abstract

In practice, the management and settlement of bankrupt assets often encounter disputes. This happened in the bankruptcy case of PT United Coal Indonesia, which had a tax debt that acted as a preferred creditor whose position was under a separatist creditor and the curator had not paid the debt until it was fully paid. Therefore, the main problem in this research is what is the position of the tax debt submitted by the creditor (Director General of Taxes) in bankruptcy and how to settle the tax debt in Decision Number 557 K/PdtSusBankrupt/2018 against PT UCI. The research method used is a descriptive normative research method based on secondary data, which is analyzed qualitatively by deductively drawing conclusions. The results of the study illustrate that the state in this case the tax debt should have a higher position than separatist creditors and concurrent creditors, and should prioritize its payments over other creditors as stipulated in Article 21 paragraph (3a) juncto paragraph 3 juncto paragraph 1 of Law Number 16 Year 2009 concerning General Provisions and Tax Procedures, and the curator should pay the tax debt until it is paid off.
ANALISA PEMIDANAAN PELAKU TINDAK PIDANA PENGGELAPAN DI PARIGI MOUTONG (PUTUSAN NOMOR 85/PID.B/2020/PN PRG) Yoga Gunandy Dananjaya; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13620

Abstract

This research relates to the punishment of several acts of embezzlement known as concurrence of acts or concursus. The problems are: is there a combination of crimes in this crime of embezzlement in decision number 85/Pid.B/2020/PN.PRG. and what are the criminal sanctions against the perpetrators of the crime of embezzlement according to the Criminal Code (KUHP)? The research is a normative juridical and analytical descriptive. The results of the research and discussion are that in the case of the Parigi District Court decision Number 85/Pid.B/2020/PN PRG there is a combination of criminal acts in the form of concurcus realis. The form of criminal sanctions for the crime of embezzlement in the decision of the Parigi District Court Number 85/Pid.B/2020/PN PRG for the type of combined criminal acts concurrently/concurcus realis adheres to the criminal system of the heaviest punishment system where the judge only imposes the most severe punishment with added weighting. This research suggests that the Panel of Judges of the Parigi District Court pay more attention to the applicability of the principles of criminal law, especially the arrangements regarding the combination of criminal acts or concursus realis and the forms of criminal sanctions that are applied.
TERDAFTARNYA KATA UMUM "AJAIB" SEBAGAI MEREK PADA DAFTAR UMUM MEREK Shafa Bakadam; Rr. Aline Gratika Nugrahani
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13621

Abstract

In the Intellectual Property Database, four words "Magic" were found which were used as trademarks with registered status. Article 20 letter f of Law Number 20 of 2016 concerning Marks and Geographical Indications states that a mark cannot be registered if it is a public name and/or a symbol of public property. The main problem is whether the word Magic is not included in the category of common words so that its registration is accepted and what are the legal consequences for the acceptance of registration of common words as a mark and what legal remedies can be taken based on Law Number 20 of 2016 concerning Marks and Geographical Indications. The research was conducted using normative legal research methods, with secondary data supported by primary data. The nature of the research is descriptive and conclusions are drawn using the deductive method. Based on the research results, the word Magic is a general word, so registration as a trademark cannot be accepted.
PERAN BP4 KECAMATAN TEBET PADA PELAKSANAAN PERKAWINAN DI INDONESIA SAAT PANDEMI COVID-19 Hafidhah Aurelia Afrah; Khairani Bakri
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13622

Abstract

The Advisory Board for the Development and Preservation of Marriage (BP4) was formed as a partner of the Ministry of Religion in creating a sakinah, mawaddah, warahmah family. The problems are: what were the problems faced by BP4 Tebet District, South Jakarta regarding the implementation of marriages in Indonesia during the Covid-19 pandemic? And what is the role of BP4 in dealing with legal issues related to the implementation of marriages in Indonesia during the Covid19 pandemic? This research is normative, descriptive analytical research, using secondary and primary data, and using qualitative analysis with deductive conclusions drawn. Conclusion: there are 6 legal issues related to unregistered marriage, underage marriage, kafa'ah, medical examination for the bride and groom, violation of sighat taklik divorce, and divorce pronounced outside the court. The role that BP4 Tebet District has to carry out with this problem is to continue to follow the efforts and efforts that have been listed in the AD/ART BP4 results. Suggestions from this research: legislators so that the Marriage Law and KHI are updated by adding health check requirements and BP4 need to add other parties such as the parents of the prospective bride and groom to attend marriage guidance.
PERLINDUNGAN HAK CIPTA MELALUI REGULASI TOKOPEDIA DALAM PENJUALAN BUKU BAJAKAN SUPERNOVA Chantry Dhityaenggarwangi; Dian Purnamasari
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13819

Abstract

Books are objects protected by copyright under Article 40 of the Copyright Law. However, there are still parties who sell pirated books of Dee Lestari's Supernova on Tokopedia. Tokopedia is a marketplace platform, where sellers and buyers transact buying and selling online. Tokopedia has regulations governing what types of goods may not be traded. The formulation of the problem regarding the form of infringement in the sale of pirated books Supernova in the marketplace Tokopedia and copyright protection against the sale of pirated books Supernova through Regulation Tokopedia. The research method is normative legal research with secondary data and supported by primary data. The nature of the research is descriptive and drawing conclusions with deductive reasoning. The results of the research, discussion and conclusions of this article are that there is a form of violation of economic rights, namely unauthorized duplication and distribution without the permission of the creator or copyright holder in the sale of pirated Supernova books on Tokopedia. In addition, Tokopedia has regulations that provide copyright protection in the Tokopedia marketplace, but it has not been maximized so that there are still sales of Supernova pirated books on Tokopedia.
PERLINDUNGAN HAK CIPTA TERHADAP PENAYANGAN IMPERFECT THE SERIES OLEH AKUN TIKTOK Vanessa Jaya Arlandy; Dian Purnamasari
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13820

Abstract

The case of Imperfect the Series airing by TikTok account resulted in a considerable number of viewers. the action was done without the knowledge of Ernest Prakasa, as the creator. Problem formulation: whether the viewing of Imperfect the Series by TikTok account is an act of copyright infringement and how efforts can be taken by Ernest Prakasa in overcoming the viewing of Imperfect the Series by TikTok account. the research method used is normative, the nature of the research is descriptive, using secondary and primary data. Based on the results of research, discussion and conclusions, that the viewing of Imperfect the Series is an act of copyright infringement, which violates moral rights and economic rights, as stipulated in Article 1 number 17, Article 1 number 12, and Article 5 paragraph (1) UUHC. In addition, the effort that can be taken by Ernest Prakasa is to reprimand the account and file a report. These efforts are in accordance with the applicable procedures and provisions. If these efforts are unsuccessful, then the efforts that can be taken are through alternative dispute resolution channels or courts, based on Article 95 paragraph (1) UUHC.

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