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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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TINJAUAN YURIDIS MENGENAI PRINSIP ITIKAD BAIK DALAM PENOLAKAN KLAIM ASURANSI JIWA KREDIT Millania Tri Rahmadhani; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15087

Abstract

Because of a breach of the concept of good faith (Utmost Good Faith), which is governed by article 251 of the Indonesian Commercial Code, insurance claims for life insurance are frequently denied by the insurer. The matter is stated as follows: What are the legal remedies for credit life insurance that is not paid by PT Cigna Insurance? The application of descriptive normative research methodologies, the qualitative processing of secondary data, and the deductive drawing of conclusions. The findings of the study, the discussion, and the conclusion that PT. Cigna Insurance's decision to deny credit life insurance claims was modified by article 251 of the Criminal Code led to the discovery that the reasons for the decision were made to the fact that RR. L. Nuning Lestari M is the late Alm. Agoes Soegiarto's successor was brought about by a breach of the covenant of good faith between RR. L. Nuning Lestari M and Alm. Agoes Soegiarto.
PERBANDINGAN HUKUM MENGENAI TINDAK PIDANA PENCURIAN MENURUT HUKUM INDONESIA DENGAN HUKUM IRLANDIA Irsyad Aditya Purnomo Putra; Fachri Bey
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15089

Abstract

The crime of stealing or the crime of theft is the type of crime that frequently occurs in society. Because there are so many distinct tribes and races in the Indonesian state, each with its own personalities and traits, crime must be closely watched. Like Indonesia, Ireland is not immune to theft-related crimes. How are the similarities and differences in the crime of stealing according to the Criminal Code and Criminal Justice Ireland is the formulation of the issue discussed in this study. While utilizing secondary data found through library research, the research approach adopts a normative juridical research type. Deductive reasoning was used to qualitatively examine secondary data. The study's findings, analysis, and recommendation, specifically the parallels, are in the  findings of the study, along with the discussion and conclusion, show that while there are differences in the country's legal system, criminal penalties, the number of articles, how those articles are applied, and penalties for losing rights, there are similarities in the manner in which theft is committed, the losses incurred as a result of the crime, and the purpose of theft. Ireland and Indonesia have significantly distinct legal systems, with Ireland adhering to the common law system and Indonesia following the civil law system. Ireland, meanwhile, adheres to the common law system of law.
TINJAUAN YURIDIS ANAK KORBAN TINDAK PIDANA PERSETUBUHAN OLEH ORANG TUA (PUTUSAN NO.223/PID.SUS/2020/PN.PTI) Regina Natasya; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15090

Abstract

One of the duties of parents is to protect their children. The state has assured that children's rights are protected under Law Number 17 of 2016. Problem formulation: Based on the analysis of Decision No. 223/Pid.Sus/2020/PN. Pti, is the suspect's behavior in accordance with Article 81 Paragraph 2 of Law Number 35 of 2014 addressing child protection? and what actions should be taken against parents that coerce their children into having sex (Study of Decision Number 223/Pid.Sus/2020/PN.Pti). Normative legal research technique using secondary data from library research and analytical descriptive nature. Qualitative data processing and deductive reasoning are used to reach conclusions. According to the findings of the study, the discussion, and the conclusion that the defendant's actions are improper under Article 81 Paragraph 2 of Law Number 35 of 2014 in conjunction with Law Number 17 year 2016, preferably using Article 81 Paragraph 3, the sentence imposed by law enforcement is made heavier by one-third of the criminal threat made in the study.
HAK ASUH ANAK (HADHANAH) ADOPSI PASCA PERCERAIAN MENURUT HUKUM ISLAM INDONESIA Renata Thalyssa Kiara; Khairani Bakri
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15091

Abstract

The institution of marriage serves to formalize a man and woman's connection and to create an everlasting and happy family. Child custody is one of the effects of divorce (hadhanah). Problem statement: Under Indonesian Islamic family law, how is child custody (hadhanah) for adopted children determined? And does Indonesian Islamic family law apply to the Sarolangun Religious Court's Decision Number 144/Pdt.G/2019/PA.Srl? The normative legal research type is utilized in this scientific work's study methodology. The research's descriptive nature, utilization of secondary data backed by primary data, qualitative analysis of the data, and deductive reasoning are all used to make findings. Research findings, analysis, and conclusions (Hanah) Arrangements for child custody for adoptive children have not been governed by Indonesian Islamic family law. The verdicts numbers three and four are not in conformity with the normative law contained in the KHI, as per the provisions of Article 105 letters a and b KHI. To ensure the child's welfare and that their rights are upheld, consideration is given to the child's actual living circumstances when deciding who will be responsible for caring for them.
ANALISIS YURIDIS TERHADAP PEMBERIAN IZIN POLIGAMI OLEH PENGADILAN (PUTUSAN NOMOR 0743/PDT.G/2018/PA.LMG) Febrina Puspito Ningtyas; Khairani Bakri
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15099

Abstract

In Indonesia today, polygamy, or the union of one man with the status of a husband and multiple women with the status of wives concurrently, still frequently leads to issues. For instance, consider the incident that took place in Lamongan a while back, where the man (the applicant) was forced to marry the second wife. If it wasn't for him, she didn't want to get married. This condition was later legally granted through the Lamongan Religious Court Decision Number 0743/Pdt.G/2018/PA.Lmg. However, it becomes apparent from various angles that a number of legislative requirements have not been met. utilizing secondary sources and descriptive analytical research techniques. The outcomes of the Research, analysis, and findings demonstrate that the pertinent decisions are compliant with the law. Simply put, the applicant's arguments do not follow Law Number 1 of 1974's provisions for Article 4 Paragraph 2 Jo, Government Regulation Number 9 of 1975's provisions for Article 41 letter a Jo, or List of Compilation or Association of Islamic Laws Article 57. Specifically, polygamy is only permitted if the wife is unable to fulfill her commitments, suffers from a handicap or disease, and is sterile.
PENETAPAN ORIENT SEBAGAI CALON BUPATI SABU RAIJUA UU NO 8 TAHUN 2015 Relliano Yopaca Fajrul Falaakh; Tri Sulistyowati
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15100

Abstract

The procedure for holding regional elections, which is expressly outlined in the law and runs from the registration stage to the inauguration stage, is undoubtedly not a guarantee for the smooth operation of democracy during the holding of regional elections. The issue is formulated as to what the Law No. 1 of 2015's requirements and procedures are for selecting candidates for regents, as well as what the Law No. 12 of 2006's citizenship provisions mean for the Orient Patriot Riwu Kore and the implications of those provisions for his selection as a candidate for regent. Research technique using secondary legal normative data. Deductive logic is used to draw conclusions after a qualitative analysis of the data. The findings of the study, discussion, and conclusion show that Orient citizenship status, which has two (two) nationalities, has been automatically lost and to be determined as a candidate for regent null and void. This is based on the most important requirements for running for office, namely being an Indonesian citizen and having to fulfill other requirements and procedures in accordance with regulations. It is hoped that the Pilkada will follow the rules and satisfy the demands of the Governor, the Regent, or the Mayor as set forth in Law No. 1 of 2015.
PENYIMPANGAN ASAS AMAN DALAM PENDAFTARAN TANAH OLEH KEPALA KANTOR PERTANAHAN KOTA JAMBI Wiwik Diah Lestari; Meta Indah Budhianti
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15101

Abstract

Land registration by the National Land Agency is based on the ideals of being straightforward, secure, affordable, current, and open, as stated in Article 2 of Government Regulation Number 24 of 1997 Regarding Land Registration. Problem statement: How are deviations from the authority of the Jambi City Land Office Head who disregard the security principle in the implementation of land registration based on Article 2 Government Regulation No. 24 of 1997 handled? Decision Number 12/G/PTUN.JBI addresses these issues. Research technique: qualitative descriptive analysis using interviews and main and secondary data. The study's findings are as follows: 1). According to article 2 of the government regulation from 1997, there are violations of the principle of security in land registration when the head of the Jambi City Land Office issues certificates without being meticulous and complete, which leads to the creation of multiple certificates; 2). The Judge's Decision's contents are improper because they fail to consider the security principle in land registration as stated in Article 2 of Government Regulation No. 24 of 1997.
TINDAK PIDANA DENGAN SENGAJA MENYEBABKAN KEBAKARAN MENGAKIBATKAN KEMATIAN DIPUTUS PASAL 359 KUHP Fachri Ardias Setiawan; Prastopo
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15112

Abstract

The defendant committed crime on February 15th, 2021 when he returned home because a headache. Arriving at the house he intended to commit suicide by setting himself on fire, but when he started the fire, he felt pain from the fire and he came out from the burning house. Remembering his mother was in the house, the defendant return, but fire had burned the house and caused his mother to burn and died. The Judges in Decision Number 76/Pid.B/2021/PN Bbs, sentenced the Defendant with criminal sentence because it was legally proven he have violated Article 359 of Criminal Code. Whether the defendant fulfilled the elements of Article 359 of Criminal Code and what types of offenses can be imposed on the defendant are the main problems. This research uses prescriptive law type, namely descriptive analytical legal research, using secondary data obtain through library research. analyzed qualitatively and conclusions drawn using deductive understanding. The conclusions: decision from the judges which found the defendant guilty of violating Article 359 of Criminal Code was inappropriate, they should be applying Article 187 paragraph (3) and (2); The defendant’s offenses including: criminal, material, commission, concrete, general, offenses causing danger, completed, single, ordinary and simple offenses.
TINDAK PIDANA MENDISTRIBUSIKAN GAMBAR PORNOGRAFI SECARA BERULANG KALI DALAM BENTUK INFORMASI ELEKTRONIK Nafisha Maudyna; Setiyono
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15118

Abstract

Pornography on the internet is used frequently to commit crimes against decency. The internet's convenience in this instance encourages someone to disseminate it frequently. The phrasing of the issue under discussion is the type of punishment meted out to those responsible for disseminating these pornographic photos via internet means. The research approach is normative; the research is descriptive in nature; secondary data are employed; secondary data are analyzed qualitatively; and deductive reasoning is used to derive conclusions. The findings of the investigation, the analysis, and the conclusion of the perpetrator's acts are in accordance with Article 45 Paragraph 1 in conjunction with Article 27 Paragraph 1 of the ITE Law along with Section 1 of Article 64 of the Criminal Code. The defendant acted in accordance with the terms of Article 45 paragraph 1 in connection with Article 27 paragraph 1 of the Information and Electronic Transaction Law in conjunction with Article 64 paragraph 1 of the Criminal Code when they regularly transmitted pornographic photos. The Criminal Code's (Article 64, Paragraph 1) regulations for continuous acts (Voorgezzete Handeling) must be taken into consideration while determining the appropriate punishment.
ANALISIS YURIDIS PENANGKAPAN IKAN TANPA SIUP DAN SIPI OLEH KAPAL BERBENDERA ASING Keiko Hauriza Setiawan; Dyah Setyorini
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15119

Abstract

Every individual or corporation engaged in the fishing industry is required to hold a permit. It is intended that by granting this licence, fishing operations will be legally protected and that fish resources will remain abundant. The Job Creation Law and Law No. 31/2004 concerning Amendments to Law No. 31 of 2004 Concerning Fisheries (hereinafter referred to as the Fisheries Law) very clearly regulate licenses for fishing activities, but PERMEN Maritime Affairs and Fisheries No. 17/2006 concerning Capture Fisheries Businesses regulates licenses for fishing activities for Indonesian-flagged vessels then changed the Minister of Maritime Affairs and Fisheries Regulation No. 58/2020 concerning Capture Fisheries Businesses, providing licenses to vessels flying the Indonesian and foreign flags, Fishing by foreign-flagged vessels without a Fishery Business Permit (SIUP) and Permit Fishing (SIPI) is clearly illegal and in violation of Articles 26 and 27 of the Fisheries Law. It may also be subject to Article 92 of the Fisheries Law.

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