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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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ANALISIS YURIDIS SANKSI PIDANA KEKERASAN DALAM RUMAH TANGGA (KDRT) (NOMOR 369/PID.SUS/2020/PN MRE) Rafli Novaldi; Dian Adriawan Dg. 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.v4i5.15138

Abstract

DP369/Pid.Sus/2020PN Mre In the Judge's Decision continued the conversation with the Law on the Elimination of Domestic Violence that was hidden in Article 44 paragraph 1. The definition of Domestic Violence or what can be abbreviated as KDRT is an act of a person, especially a woman, which results in misery or suffering sexual, physical, neglect of the household and psychological. The issue at hand is how domestic violence's criminal sanctions will be based on the study of Decision No. 369/Pid.Sus/2020PN Mre and what the goals of the study are as stated in Law on the Elimination of Domestic Violence No. 23 of 2004. The normative juridical analysis technique is used and the rules governing it are examined. The judge gave the offender at least half of the maximum sentence allowed by Article 44 of the Constitution.
ANALISIS YURIDIS PERJANJIAN TERTUTUP BERDASARKAN UNDANG-UNDANG PERSAINGAN USAHA Werner Wada Betu; N.G.N Renti Maharaini
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.v4i5.15139

Abstract

AHASS workshop owners are required by the terms of the agreement between PT AHM and the Main dealer and Dealer to accept and purchase other products and services from PT AHM. The issue is whether PT AHM's efforts to enter into closed agreements with Main Dealers and Dealers in Indonesia constitute violations of Article 15 paragraphs 2 and 3 of the Business Competition Law and whether the Rulle of Reason approach, which was employed in KPPU's decision No. 31/KPPU-I/2019, was appropriate in determining such violations. The research is descriptive-analytical in character, employs normative research methodology, uses primary and secondary data kinds, descriptive-qualitative data analysis and deductive reasoning to reach results. Results of the study of the Business Competition Law, Article 15 guidelines, and other related regulations led to the following discussions, findings, and conclusions: PT AHM may enter into an agreement with the Main Dealer, but the agreement may not contain a tying clause or a vertical agreement on discount. Additionally, because the agreement has a negative effect, it is required to use the per seillegal method while proving a closed agreement.
PERLINDUNGAN HUKUM PENCIPTA TERHADAP PLAGIASI DI APLIKASI WATTPAD BERDASARKAN UU HAK CIPTA Aqilah Shafa Qhintara Idris; Rakhmita Desmayanti
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.v4i5.15140

Abstract

In this digital era, digital literacy is a form of work that is well known to many people, moreover, there are many platforms that are ready to accommodate digital literature writers, one of which is Wattpad, but due to the openness of any information on the internet, any work can be accessed by easy and free, that's why many people misuse it with plagiarism. The formulation of the problem is how is legal protection for creators of literary works whose works are plagiarized on the Wattpad application and what sanctions can be imposed on individuals who plagiarize on the Wattpad application. The type of research used is normative, the nature of the research is descriptive, the data sources use primary and secondary data, qualitative data analysis, and the method of drawing conclusions uses deductive logic. Based on the results of the analysis, it is concluded that legal protection for creators of literary works whose works are plagiarized has been provided internationally as well as in national legal instruments. In national legal instruments, the exclusive rights of creators of literary works are protected under Law no. 28 of 2014 concerning Copyright. Other parties who violate CW novels by plagiarizing can be given sanctions, namely in the form of civil sanctions and criminal sanctions.
PERTIMBANGAN HAKIM MEMUTUS BEBAS TINDAK PENGANIAYAAN PASAL 351 (1) KUHP (PUTUSAN NO: 301/PID.B/2020/PN.SBG) Azra Sulaiman; Vience Ratna Multiwijaya
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.v4i6.15210

Abstract

The high level of heavy persecution occurs for various reasons, including the desire to get something, lack of social control in society, problems that cause hostility between perpetrators and victims, individuals who cannot control their emotions, prejudice against others, humiliated or harassed and feeling betrayed by the perpetrator. The problems in this research are whether the defendant's actions is in accordance with the elements in Article 351 paragraph (1) of the Criminal Code or not and what is the judge's verdict for the perpetrators of the crime of persecution? (Court Decision Number 301/Pid.B/2020/PN Sbg). To answer the problems, the research conducted in normative and descriptive analytical legal research by using secondary data. The conclusions: the verdict was the defendant was acquitted, meaning the decision is not having a deterrent effect on the defendant. Based on the analysis of the subject matter, it should be in the judge's consideration that it was proven that the defendant commited the crime and the judge should give a sentencing decision and the defendant should have been sentenced guilty that the defendant committed the crime of persecution under Article 351 paragraph (1) of the Criminal Code.
PEMBAGIAN HARTA PENINGGALAN KEPADA AHLI WARIS MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA Dio Prastika Kris Juniawan; Suparsetyani, Endang
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15212

Abstract

Whoever has the right to represent themselves as an heir and the portion they receive is still a concern when a person passes away and their assets are passed to their heirs. The problem that needs to be solved in this study is how to distribute the heirs' inheritance to their heirs according to the Civil Code and whether or not the decisions made in Surabaya District Court Judge Number 973/Pdt.G/2021/PN Sby regarding who would inherit from the heirs of the heirs were appropriate or not. The study's findings, analysis, and recommendation are the distribution of the heirs' inheritance to those of their heirs according to the Civil Code, namely Maity Kaseger and Henriette Beatrix Kaseger, Egenio Mario Nicolas, Stella Thesia Nordie Kaseger, F. Mario Bartolomeus Kaseger, P.J Argo Kaseger, Raphael Mario Angelo. The Surabaya District Court Judge decision number 973/Pdt.G/2021/PN Sby decided that who became the heir of the heir was not in accordance with the Civil Code where the sons-in-law, namely Bing Tjoei and Sri Wurjanti Hartono were included in the inheritance of the heir's inheritance while according to the Civil Code the sons-in-law had no right to inherit because they were not blood related to the heir.
TANGGUNG JAWAB PENGANGKUT ATAS TENGGELAMNYA KAPAL (ANALISIS PUTUSAN MAHKAMAH PELAYARAN NOMOR HK.212/01/I/MP.2020) Nabila Sesha Abdillah; Nurbaiti, Siti; Abdillah, Nabila
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15215

Abstract

In Indonesian waterways, ferries are a kind of transportion used to move both people and cargo. However, as was the case with the sinking of the KMP Saluang, transportation will not always go as planned. The problems to be discussed: how is the carrier should be held accountable for the sinking of the KMP Saluang under the terms of Law No. 17 of 2008 concerning Shipping and how is the carrier accountable for compensating the owner of the goods for the sinking of the KMP Saluang. This research is descriptive in character, normative, and uses both secondary and primary data. It also employs qualitative analysis and deductive conclusion-drawing. The study's findings, analysis, and recommendations show that, in accordance with Article 41 paragraph (1) sub-b of the Shipping Law, the carrier should be held accountable for the destruction of the goods sent by the sender of the goods and temporarily revoke the Seaman Expertise Certificate for a period one month. The Presumption of Liability system should be used by the carrier's responsibility system to provide recompense to the owner of the products, although in this instance the proof was not carried out by the carrier.
PENEGAKAN HUKUM PERAMPOKAN BERSENJATA DI SELAT MALAKA BERDASARKAN HUKUM LAUT INTERNASIONAL Nabillah Kamila Affandi; Nrangwesti, Ayu
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15216

Abstract

Ships traveling through the Malacca Strait are disturbed and harmed by armed piracy, as was the case in 1999 when armed thieves attacked the Alondra Rainbow Ship. The existence of this case serves as an example of how many parties must work together to combat crimes that endanger maritime security; this is a challenge in dealing with armed robberies. The issue at hand is how the law should be applied in the case of the Alondra Rainbow Ship's armed piracy in the Malacca Strait and what legal efforts have been made by Indonesia in relation to armed piracy in the Malacca Strait. The type of research is descriptive, the methodology employed is normative legal research, and data collection is done through library research, data analysis is done qualitatively. The results of research, discussion and conclusions show that the coastal state makes special regulations against crimes at sea, both piracy and robbery. Legal remedies that must be taken, among others, are the division of supervisory authority, increasing security and more equitable development of coastal areas.
PRAKTIK PENJUALAN PENGANTIN ANAK DI AFGANISTAN MENURUT PROTOKOL OPSIONAL KONVENSI HAK-HAK ANAK Elya Almadinatulmunawaroh; Andrey Sujatmoko
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15218

Abstract

Children as a vulnerable group have the right to receive protection by the state, one of which is Afghanistan. In Afghanistan there have been several cases of selling exploitative children. The formulation of the problem in this research is how the efforts have been made by the Afghan government in dealing with the practice of selling child brides in Afghanistan according to the Convention on the Rights of the Child. The research method used in this study is normative juridical and descriptive-analytical in nature, the source of which is secondary data which is analyzed qualitatively, and conclusions are drawn using deductive methods. The conclusion in this study is that the act of selling child brides in Afghanistan is a practice of selling children which is prohibited according to the Optional Protocol to the Convention on the Rights of the Child regarding the Sale of Children, Child Prostitution, and Child Pornography. The efforts that have been made by the Afghan government have ratified the relevant legal provisions, but law enforcement against a number of cases of selling child brides is still not firm and has not been carried out in accordance with applicable law.
PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA KESUSILAAN (STUDI PUTUSAN NOMOR 722/PID.SUS/2020/PN.BKS) Namira Kinanti; Ermania Ermania Widjajanti
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.v4i6.15235

Abstract

The sophistication of Information and Communication Technology and its various uses indicate an information society. A crime found in society is a crime of decency in ITE. The research’s problem: are the actions of perpetrators of the crime spreading immoral content using Whatsapp and Instagram are properly applying Article 45 (1) in conjunction with Article 27 (1) of ITE Law? and what is the punishment for the perpetrators that spreading immoral content on Whatsapp and Instagram? This research is a normative and descriptive analytical legal research, using secondary material, analyzed qualitatively and the conclusions drawn using deductive logic. The research’s author conclude that the actions taken by the perpetrators are in accordance with the ITE Law, namely the elements in Article 27 (1) in conjunction with Article 45 (1). However, according to the author, the Public Prosecutor’s charge can be accumulated with pornography, in the provisions of Article 4 (1) letter D of the Pornography Law. In this case there is a mixed of concursus realis criminal acts. There is a mixture of concursus realis criminal acts that apply to Article 65 of  Criminal Code as a basis for ballast crimes, the maximum criminal provisions plus one third are applied.
GUGATAN YANG DINYATAKAN TIDAK DAPAT DITERIMA (STUDI PUTUSAN PHI BANDUNG NOMOR 171/PDT.SUS-PHI/2017/PN.BDG) Alvira Zahra Hartono; Yogo Pamungkas; Hartono, Alvirazahra
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15239

Abstract

Termination of Employment Relations is the ending of employment relationships in a way that also terminates the company's and its employees' rights and obligations. Delivered by the PHI Bandung Number 171/Pdt.Sus-PHI/2017/PN.BDG Decision that the lawsuit brought by Plaintiff N.O A vague lawsuit (obscuur libel), in which the formulation of the lawsuit is not clear and it is therefore considered formally flawed, is one of the factors that lead to the lawsuit becoming formally flawed and not being accepted. The formulation of the problem is whether there is conformity with the Decision of the Bandung Industrial Relations Judge Regarding Lawsuit Disputes. The suit (Niet Onvankelijk Verklaard) will not accept termination of employment with Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes and whether Ikhsan Noviandi, S.H.. The research in a normative juridical manner based on literature studies and was analyzed qualitatively with deductive methods and secondary data. From the results of research, discussion and conclusions: The PHI decision is not in accordance with the existing provisions and it is possible for the Plaintiff to seek cassation on the Bandung PHI Decision Number 171/Pdt.Sus-PHI/2017/PN.BDG even though the Plaintiff did not submit such effort.

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