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<![CDATA[ORGANISASI PAPUA MERDEKA SEBAGAI ORGANISASI TERORIS BERDASARKAN UNDANG-UNDANG NO 5 TAHUN 2018 ]]>
<![CDATA[Nafa Afrillia]]>;
<![CDATA[Ferry Edward]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15038
<![CDATA[The Free Papua group (OPM) was declared a terrorist group in accordance with Law Number 5 of 2018. OPM, on the other hand, is seen as a group of freedom fighters. Problem formulation: Is the Free Papua group (OPM) determined to be a terrorist group in accordance with Law No. 5 of 2018 and what are the legal repercussions of the Free Papua Organization (OPM)'s creation as a terrorist organization? The research method used is normative legal research and is analytically descriptive in nature, the data is processed qualitatively and conclusions are drawn using deductive logic. As for the research results, discussion and conclusions in the study; based on Article 1 number (3) in conjunction with Article 6 of Law no. 5 of 2018 concerning the Eradication of Acts of Terrorism, the government's designation of OPM as a terrorist organization is in accordance with applicable regulations. The legal consequences of the designation of OPM as a terrorist organization, the act of terrorism is a Criminal Act of Terrorism as stipulated in Article 5 of Law Number 5 of 2018.]]>
<![CDATA[HAK PENGASUHAN ANAK DI BAWAH UMUR SEBAGAI AKIBAT PERCERAIAN ]]>
<![CDATA[Agung Pratama]]>;
<![CDATA[Khairani Bakri]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15039
<![CDATA[The Cases of disputes over child custody (hadhanah) due to divorce are common in society. For underage children, Article 105 (1) KHI provide hadhanah to their mothers. However, court may determine otherwise through a mediation. The research’s problem: what are the provisions regarding hadhanah as result of divorce according to the Marriage Law, and is the Decision of PA Sukadana No: 1057/Pdt.G/2019/PA. Sdn, is in accordance with marriage laws. The research conducted in normative and descriptive analytical legal research, using secondary data obtain through literature studies. The data is analyzed qualitatively and conclusions are drawn using deductive understanding. The conclusion is that the Marriage Law does not definitively regulate the hadhanah. Hadhanah is regulated in Article 105 paragraph (1) KHI, namely "A custody of a child who is not yet mumayiz or not yet 12 years old is the right of the mother". The Contents of the Amar Decision of PA Sukadana which stipulates hadhanah to the father (Defendant) and after the child is 12 years old hadhanah is determined based on the wishes of the child, are not in accordance with the provisions of KHI, but can be justified based on Supreme Court Regulation Number 1 of 2016.]]>
<![CDATA[KESEJAHTERAAN KESEHATAN ANAK PADA MASA PANDEMI COVID-19 DI PANTI ASUHAN AMANAH ASSOMADIYAH ]]>
<![CDATA[Intan Diana Fauziyah]]>;
<![CDATA[Wahyuni Retnowulandari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15041
<![CDATA[The purpose of this research is to provide the health of foster children at the Amanah Assomadiyah orphanage during the Covid-19 pandemic and for Children at an age that is prone to being infected with Covid-19. The health of Indonesian children is something that must not be forgotten during this pandemic. Indonesian children's health is something that must be considered and maintained. The legal task is to ensure the welfare of children according to Law Number 4 of 1979 concerning Children’s Welfare. This research’s main problems: what are the fulfillment of the health of foster children at the Amanah Assomadiyah Orphanage during the Covid-19 pandemic and what are the efforts to fulfill the health of children during the Covid-19 pandemic at the Amanah Assomadiyah Orphanage that based on statutory regulations. The research conducted in normative and descriptive analytical legal research and the conclusions are drawn using deductive logic method. The conclusions of this research are that the fulfillment of children's health at the Amanah Assomadiyah orphanage was disrupted during the Covid-19 pandemic and The administrators of the Amanah Assomadiyah orphanage are basically unable to provide health service efforts and children's health needs.]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA MEMBUAT SURAT PALSU SEOLAH SURAT ASLI ]]>
<![CDATA[Antonius]]>;
<![CDATA[Fachri Bey]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15042
<![CDATA[This research uses a legal-normative research method and the legal materials used in this research are primary legal materials consisting of criminal law books, court decision number 102/Pid.B/2020/PN Nga and also books as secondary legal materials, Circular Letter Number 04 of 2020, doctrine and an expert opinion. The results of the research illustrate that (1) the suspects were declared innocent because they did not fulfill all the elements contained in Article 263 paragraph (1) Jo. Article 55 paragraph (1) 1st of the Criminal Code. The suspect were found guilty in Article 268 paragraph (1) Jo. Article 55 paragraph (1) 1st of the Criminal Code. 2) The form of participation of the suspects based on Article 55 paragraph (1) of the Criminal Code, classified into members of the crime who took part in the act (medeplegen, mededader) together.]]>
<![CDATA[PERJANJIAN KEDIT DI BANK RAKYAT INDONESIA CABANG JATINEGARA (STUDI KASUS PERJANJIAN KREDIT NOMOR B.6/122/4/2018) ]]>
<![CDATA[Virly Dwy Amaliah]]>;
<![CDATA[Heru Pringgodani Sanusi]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15044
<![CDATA[The Credit agreements between the Soldiers of Indonesian National Armed Forces and Bank Rakyat Indonesia Jatinegara Branch (hereinafter reffered as BRI Jatinegara) with Inpassing Letters as Collateral are generally only in the form of letters and often seen have no economic value. The research’s problems is about how to carry out the process of credit agreements with Inpassing letters as Collateral at BRI Jatinegara and what is their position. This research is a normative and descriptive analytical legal research, using secondary data and supported by interviews, analyzed qualitatively and the conclusions are drawn using deductive logic methods. The conclusion of the research: the credit agreement process through the use of Inpassing Letter as Collateral at BRI Jatinegara: after the application from the Applicant, in this case the debtor who apply for credit to BRI Jatinegara, has been received and examined carefully by Credit Line Officer and meets the requirements to receive credit, the credit can be realized and the position of Inpassing Letter as collateral for credit at BRI Jatinegara: Inpassing Letter is debtor's claim rights from state so it has economic value, therefore Inpassing Letter is categorized as intangible movable object and can be used as collateral for credit.]]>
<![CDATA[PERMOHONAN PAILIT PERUSAHAAN ASURANSI OLEH AGEN ASURANSI ]]>
<![CDATA[Clarissa Tifanny Shafia Kusumastuti]]>;
<![CDATA[Heru Pringgodani Sanusi]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15057
<![CDATA[The relationship between insurance agent and insurance company is written in an agency agreement, in which there is an explanation regarding the distribution of fee payments as the rights of insurance agent and the obligations of the insurance company. But the relationship between the insurance agent and the insurance company does not always go well when the insurance agent submits a payment for their services, which leads to filing of a bankruptcy petition to the Commercial Court. In filing an application for bankruptcy of an insurance company, the method is different from filing an application for bankruptcy against ordinary individuals or companies. This research discusses how the procedure for applying bankruptcy statement from insurance company that should be according to Bankruptcy and Insurance Law. This is a normative and descriptive analytical legal research, using literature study method and in the results of the research there are several regulations regarding filing bankruptcy applications regulated in Law 37/2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, Law 21/2011 concerning the Financial Services Authority, Law 40/2007 concerning Limited Liability Companies, Law 40/2014 concerning Insurance, and POJK 28/POJK.05/2015 concerning Dissolution and Bankruptcy of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies.]]>
<![CDATA[ASPEK HUKUM PEMUTUSAN HUBUNGAN DIPLOMATIK BAHRAIN DENGAN QATAR BERDASARKAN KONVENSI WINA 1961 ]]>
<![CDATA[Ade Khatibul Rafi]]>;
<![CDATA[Jun Justinar]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15058
<![CDATA[The unilateral termination of diplomatic relations by Bahrain to Qatar in 2017 was based on political elements that disturbed the national stability of Bahrain. Bahrain and Qatar are legally bound by the Vienna Convention because they ratified it. The main problems are whether the termination of diplomatic relations by Bahrain to Qatar is in accordance with the 1961 Vienna Convention and what are the legal consequences occured from the termination of diplomatic relations. The research is a normative and descriptive analytical legal research, with literature studies and the conclusions are drawn using deductive method. Secondary data obtain through library research and analyzed. The results of the research are as follows: 1) The termination of diplomatic relations between Bahrain and Qatar does not violate the provisions of the 1961 Vienna Convention because there is no standard stipulation that stipulates regulations regarding procedures for terminating diplomatic relations. 2) There are legal consequences that cause rights and obligations of each country as stipulated in Article 2 regarding Mutual Consent and Article 45 concerning the right of a sending country to surrendering trust to a third country regarding the supervision of a diplomatic representative building.]]>
<![CDATA[ANALISIS PUTUSAN HAKIM TERHADAP UPAYA HUKUM PENINJAUAN KEMBALI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL ]]>
<![CDATA[Geraldus Himawan Utomo]]>;
<![CDATA[Yogo Pamungkas]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i5.15084
<![CDATA[Justice may file a PK against a PHI decision that has permanent legal force if either of the following circumstances exists, as stated in Article 57 of the PPHI Law: (1) the Supreme Court has determined a case at the cassation level; or (2) the PHI decision has permanent legal force. Legal efforts to settle industrial relations problems only go as far as the cassation level for rights disputes and job termination disputes since the passage of SEMA No. 3 of 2018. Problem statement: Does the law support the judge's decisions to grant judicial review in Decision Number 11 PK/PDT.SUS-PHI/2018 and to refuse judicial review in Decision Number 94 PK/PDT.SUS-PHl/2017? What are the legal repercussions of the judge's ruling in ruling Number 1 1 PK/PDT.SUS-PHI/2018 in favor of judicial review and the judge's ruling in ruling Number 94 PK/PDT.SUS-PHl/2017 to dismiss the PK lawsuit? Secondary data, primary data, and the normative research approach are all of a descriptive character. The release of SEMA Number 3 of 2018 is an effective move to minimize PK legal efforts in the process of settling labor disputes, according to the study's findings, debate, and conclusions.]]>
<![CDATA[MEKANISME PENYELESAIAN SENGKETA TUMPAHAN MINYAK DI LAUT BERDASARKAN HUKUM INTERNASIONAL ]]>
<![CDATA[Satrio Parikesit Kusumo Nugroho]]>;
<![CDATA[Anto Ismu Budianto]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i5.15085
<![CDATA[There have been numerous leaks caused by oil spills in Indonesian territorial seas, but the Montara oil refinery leak and spill in the Timor Sea, which has been happening since 2009, is particularly significant and is currently being appealed. The way the issue is phrased what procedure is in place to settle claims involving international oil spills? Statements made about the oil spill in the Indonesian Timor Sea by the governments of Australia and Indonesia. According to the agreement, the study methodology is normative research on efforts to settle disputes about marine pollution. As of this writing, data processing is qualitative, and conclusions are drawn using deductive reasoning. The study's findings, analysis, and conclusion were used in the court case between Daniel Aristabulus Sanda and PTTEP Australasia (Ashmore Cartier) Pty Ltd, NSD Number 1245 of 2016, which Judge Yates J decided on March 19, 2021, at the Australian Federal Court in the State of New South Wales. It is ideal for Indonesia and Australia to come to a bilateral agreement that governs the way in which states are held accountable for marine contamination brought on by oil spills from offshore oil drilling operations.]]>
<![CDATA[TINJAUAN YURIDIS PENGANGKUTAN KAYU TANPA SURAT KETERANGAN SAH HASIL HUTAN KAYU ]]>
<![CDATA[Fadhila]]>;
<![CDATA[Irene Mariane]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i5.15086
<![CDATA[For a company involved in the transportation of forest products, the Certificate of Legality of Timber Forest Products (SKSHHK) is crucial. According to Law Number 18 of 2013 concerning the prevention and eradication of forest destruction, the problem is formulated as what permits must be obtained in carrying out a business of transporting timber forest products and what should be the procedure for carrying out a business of transporting timber forest products. The research methodology makes use of deductive reasoning, normative jurisprudence, secondary data, data collection with literature study, qualitative data analysis, and conclusion drawing. According to the Law on Prevention and Eradication of Forest Destruction, research findings, analyses, and conclusions are permits that must be held in order to conduct business and transport timber and forest products includes Timber Transportation Invoices Processed (FA-KO), Certificate of Timber Forest Products (SKSHHK), and Permits for Collection of Timber Forest Products (IPHHK). According to Decision Number 13/Pid.Sus/2018/PN.Rhl, the defendant violated Article 12 letter e and Article 83 paragraph 1 letter b of Law Number 18 of 2013 by transporting timber and forest goods without SKSHHK.]]>
