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Narita Adityaningrum
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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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TINDAK PIDANA PENGANIAYAAN DIRENCANAKAN LEBIH DAHULU MENGAKIBATKAN KEMATIAN Rafli Andhika Wirananda; 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.v4i5.15128

Abstract

The defendant felt sorry for the victim in this case because the defendant had known for 4 (four) years and 4 months that the victim had a relationship with the defendant's wife. As in this case, the defendant stabbed the victim one time at 15.00 WITA while committing the crime of persecution that was premeditated to result in death. According to the analysis and discussion conducted by the researchers, the defendant in this case should have been charged with violating Article 353, paragraph 3 of the Criminal Code, which relates to the events in Case Number 15/Pid.B/2021/PN. Bit. The issue is how the punishment for the persecutors of the crime of persecution was planned in advance, leading to the death of Case Number 15/Pid.B/2021/PN. Beets, and whether the perpetrator's actions satisfy the primary indictment under Article 338 of the Criminal Code. The research approach utilized is normative legal research, which has the characteristics of descriptive research and is qualitatively assessed with the use of secondary sources. The study's findings, analysis, and conclusion show that Jondry Kansil's acts satisfied every requirement of Article 353(3) of the Criminal Code, and the offender was sentenced under the combined sentencing theory.
ANALISIS YURIDIS TERHADAP PUTUSAN HAKIM YANG TERDAKWANYA TIDAK DIDAMPINGI PENASIHAT HUKUM Rakhbir Singh; Dian Adriawan Daeng Tawang
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.v4i5.15129

Abstract

The Baturaja District Court's ruling, Judge Number: 7/PID.B/2019/PN.BTA, does not offer the attempted murder defendant any pre-trial legal counsel or legal remedies. Normative justice is the study methodology used, and the research's primary objective is based on constructive legal standards or norms. The type of descriptive analytical research. This denotes a thorough, in-depth, and methodical analysis. The request from the prosecutor was rejected. The Attorney General's Office's allegations are ruled untrue, and the judgment is regarded as having never been reached. According to Article 56 (1) of the Criminal Code, judges in murder trials have a duty to counsel defendants. The accused may file an appeal with the Advocate Honorary Council.
PERLINDUNGAN HAK KEAMANAN DATA PRIBADI KONSUMEN PINJAMAN ONLINE DANA CAIR Aqilah Nurshafira Anwar; N.G.N. Renti Maharaini Kerti
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.v4i5.15130

Abstract

Regulations for online loans have been put in place to keep things in order and safeguard consumers from unforeseen events, yet in reality personal data exploitation still happens among instant cash customers. How are the Financial Services Authority's efforts as a supervisor in dealing with misuse of consumer personal data as a method of billing in instant cash online loan services? The problem is whether consumer protection regulations related to online loan services have provided protection for personal data security rights in the method of billing consumers on instant cash online loans. This study's methodology is normative, descriptive in nature, with primary and secondary sources of information used to support a qualitative analysis and forming judgments through deductive reasoning. Research findings, analysis, and conclusions The restrictions in place in Indonesia have been able to protect instant cash online loan borrowers, but in practice corporate actors continue to break the law and the general public is not well-informed about using online lending services. Through the publication of lists of illegal online loans and submission of application blocks to the Ministry of Communication and Information, OJK and SWI have worked together to combat illegal online loans that could harm the public.
TINDAK PIDANA KEKERASAN FISIK TERHADAP ISTRI YANG TIDAK MENGGANGGU AKTIVITAS KORBAN Santo Reynaldo; Vience 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.v4i5.15131

Abstract

In the matter addressed in Decision Number 3/Pid.Sus/2020/PN.Lss, a woman was physically abused in the home without the victim's participation. The issue in this case is how judges decide whether to convict someone for using physical force against their wife while she is a household member in accordance with Article 44 Jo. Article 5 Law No. 23 of 2004 regarding the abolition of domestic violence (Case Study of Decision Number 3/Pid.Sus/2020/Pn.Lss), and why judges do not impose conditional sentences on those who commit such crimes. The research approach is normative legal research, which is descriptive and analytical. It uses primary data collected through interviews and secondary data gleaned through literature studies. The data is processed qualitatively by making logical deductions. The study's findings, analysis, and conclusion show that the judge, when weighing the evidence, accords little weight to the theories of balance and ratio decidendi. The judge's conditional ruling is the result of the judge's belief that whoever commits the offense must bear responsibility and that the defendant has been deterred by the judge's decision to sentence the defendant to six months in prison.
TANGGUNG JAWAB DIREKTUR UTAMA TERKAIT PELANGGARAN PRINSIP FIDUCIARY DUTY Elvira Dewi Silvana; Arif Wicaksana
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.v4i5.15132

Abstract

The rules that must be followed in line with the Articles of Association and Law Number 40 of 2007 regulating Limited Liability Companies place restrictions on the Board of Directors' capacity to administer the company. In practice, not all Directors actually follow the prevailing management ideas. The emergence of tax bill arrears is one example of how the Main Director of PT Bakara Bumi Energi violated the fiduciary duty concept by failing to report the company's financial accounts in a transparent way. The primary issue in this study is whether the Main Director of PT Bakara Bumi Energi violated the fiduciary duty concept and PT Bakara Bumi Energi's Main Director is accountable due to penetrating the corporate veil. Secondary data is the type of data employed in the normative juridical research type, which is descriptive in character. The study's findings were qualitatively examined by making deductions based on deductive reasoning. Because the President Director's management of the company was not based on good faith and was full of responsibility, it was determined that his actions constituted a violation of the fiduciary duty principle. He also failed to uphold the trust that the company had placed in him by being dishonest, opaque, and responsible for the company's losses.
PENDAFTARAN HAK TANGGUNGAN TERINTEGRASI SECARA ELEKTRONIK DI KANTOR PERTANAHAN KOTA DEPOK Elisabeth Putri; 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.v4i5.15133

Abstract

According to the Permen ATR/Ka.BPN Number 5 of 2020 Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency concerning Services Electronic Integrated Mortgage Rights, Electronically Integrated Mortgage (HT-el) is a set of procedures for servicing mortgage rights in the context of maintaining land registration data that  organized through an integrated electronic system. However, the implementation of electronic mortgage registration is in accordance with the Regulation of ATR/Ka.BPN Number 5 of 2020, starting from preparation to issuance of the Electronic Mortgage Certificate (HT-el Certificate), p. The Depok City Land Office is still in the development stage of electronic mortgage registration. Communication, availability of resources, attitude, and organizational structure all have an impact on this. Some challenges the readiness of the Depok City Land Office to improve internal data; and from external factors, such as the readiness of human resources, such as the PPAT and the Bank as the applicant, are the examples of external obstacles that cause the process of carrying out the Electronic Mortgage to be delayed, which will have an impact on the birth of the Mortgage. All barriers must be removed in the future, along with increased data verification and thorough training for all parties involved.
RATIO DECIDENDI PUTUSAN HAKIM YANG BERBEDA DARI KASUS SEJENIS DALAM DELIK NARKOTIKA Satrya Manulung Bansage Immanuel Paparang; Dian Adriawan Daeng Tawang
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.v4i5.15134

Abstract

The legal proposition, which is a predicate that comprises the consideration of the judge making a legal decision on the case being tried, say the case of drug use, contains the ratio decidendi of the court's decision. The way the issue is phrased is how are different judge decisions on the ratio determined (Decision of the South Jakarta District Court No.968/Pid.Sus/2020/PN.Jkt.Sel and Decision of the Malang District Court No.28/Pid.Sus/2020/PN.Mlg); and how are abuse addicts and drug abuse victims handled? The study methodology employed is normative juridical, which examines judicial rulings, statutes and regulations. The study's findings, analysis, and conclusions. There are discrepancies in the way judges imposed legislation when compared to the two verdicts in the drug case. If you look at the ratio decidendi of the punishment, it is obvious that the judges who tried the case were inconsistent in their assessments of the defendant's degree of behavior in light of the various grounds they used to reach their judgment.
TINDAK PIDANA KORUPSI MENERIMA UANG YANG DILAKUKAN OLEH PEGAWAI NEGERI SIPIL Dian Natasha; 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.v4i5.15135

Abstract

A civil officer and the landowner both took use of the regional innovation program offered by the Ministry of Research, Technology, and Higher Education in 2016 to engage in criminal corruption. How appropriately civil servants' receipt of money is governed by the provisions of Article 5 (2) of Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 Concerning the Eradication of Corruption Crimes (PTPK) and the Assembly's legal considerations is the formulation of the problem. The judge with regard to the criminal penalties meted out to corruption offenders. This article is normative legal, descriptive, secondary data kinds, data collecting for literature studies, qualitative data analysis, and using deductive reasoning. The findings of the study, the discussion, and the conclusion, indicate that the defendant should be charged with the felony of corrupt act, as defined in Article 12 letter an of the PTPK Law, because the defendant's actions are suspected, namely that he accepted promises and gifts without declining the offer even though he knew the gift was intended to persuade him to act in a manner that involved his position as the head of the housing agency.
PEMIDANAAN TERHADAP TINDAK PIDANA MENDISTRIBUSIKAN FOTO PORNOGRAFI MENGGUNAKAN AKUN FACEBOOK Rayhan Sheperd Dwicahyo Pramudito; Azmi Syahputra
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.v4i5.15136

Abstract

A single indictment namely, Article 45 Paragraph 1 in conjunction with Article 27 Paragraph 1 of Law Number 19 of 2016 concerning Information and Electronic Transactions as in Decision Number 12 /Pid.Sus/2020/PN Mjn is used to punish those who spread pornographic images using a Facebook account. There are two articles that are identical to each other in Indonesia. How to apply the elements to those committing the crime of distributing or disseminating pornographic images using a Facebook account is the formulation of the issue, as is whether the decision on the criminal act of distributing or disseminating pornographic images using a Facebook account in Decision Number 12/Tip.Sus/2020/PN Mjn in keeping with the intended outcome of the sentence? By combining analytical descriptive research with normative research, the following can be accomplished. Article 45 Paragraph 1 serves as the legal foundation for the conviction for the crime of disseminating pornographic images using a Facebook account. Jo Article 27, Section 1 In terms of the Criminal Code and electronic information, UU ITE is lex specialis and lex consumer, respectively The Pornography Law. The judge in this situation should decide to distribute or make accessible rather than transmit the information.
TINJAUAN YURIDIS TINDAK PIDANA PEMBANTUAN PENCURIAN DENGAN PEMBERATAN (PUTUSAN NOMOR 241/PID.B/2021/PN SBG) Ronaldo; Aprima Suar
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.v4i5.15137

Abstract

There are circumstances or a chronology of cases that are essentially this is a qualification of the elements of Article 363 Paragraph 1, 3 in conjunction with Article 56 of the Criminal Code that regulates the crime of assisting theft with weighting. As a defendant named Ranto Silaban, it has been decided and declared legally and convincingly proven guilty of committing the crime of collection in Article 480 1st of the Criminal Code. Problem statement: In the case study of Decision Number 241/Pid.B/2021/PN Sbg, is there a distinction between stealing by weighting and theft by receiving? Also, how are criminal penalties applied in this instance? The study is normative, descriptive-analytical, employs secondary data sources, qualitatively analyses, and applies the deductive technique to generate conclusions. The difference between stealing and weighting is defined in Article 363 Paragraph 1. Third of the Criminal Code, whereas collection is defined in Article 480. First of the Criminal Code, according to research findings, discussion, and conclusion. The penalty for violating Article 480 1 of the Criminal Code, which deals with receiving the strongest threat, is four years in prison. In this case, defendant Ranto helped commit theft with weighting in order to profit.

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