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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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PEMIDANAAN TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA SECARA BERSAMA UNTUK DIRI SENDIRI Bella Oktavia Hardimanto; Dhany Rahmawan
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.v4i6.15240

Abstract

The large number of narcotics abusers are imprisoned, causing prisons to become overcapacity. In addition, narcotics abusers should receive rehabilitation sentences because it is stated in the Narcotics Law, such as the case of Muhammad Wahyudi, who was legally guilty of committing Narcotics Abuse in Group I for himself. The research study is based on court decision number: 50/ Pid. Sus/2021/PN. Ktb. The research’s problems: are the actions of the defendant in Court Decision number: 50/Pid.Sus/2021/PN.Ktb in accordance with the provisions of the applicable laws? The research conducted in normative and descriptive analytical legal research, the data and the data sources used in this research are statutory regulations, jurisprudence and legal doctrines that relevant to the case. The data are analyzed qualitatively and the conclusions are drawn using deductive understanding method. The conclusion from this research is that the abusers must receive punishment in the form of rehabilitation, not imprisonment, because it is guaranteed by the narcotics law and the judges must consider and pay attention to the authority and the obligations of the judge regulated in the narcotics law which are mandatory to provide rehabilitation.
ASILUM HAK CIPTA MUSIK YANG DIKOMERSILKAN TANPA HAK OLEH BISNIS KARAOKE Dena Trysa Aulia; Rakhmita Desmayanti
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.v4i6.15241

Abstract

The case is about Rasa Sayang Karaoke Business Outlet Veranza/Broadway Surabaya which launches music broadcasts without permission from the creators/owners, copyright holders and without paying any royalties. For this reason, the author will conduct a research on how the asylum of copyright law arrangements for musical works that are used without rights by the Karaoke business of Rasa Sayang Surabaya based on Law number 28 of 2014 Concerning Copyright and what is the role of LMK in distributing royalties to creators whose songs are broadcast without rights by the karaoke business outlet Rasa Sayang Surabaya. The research conducted by the authors is normative and descriptive analytical legal research, using secondary data with primary data as supporting data and the conclusions are drawn using deductive method. The legal basis for the copyright of music works that are used without rights by the karaoke business is based on “Article 113 of Law No. 28 of 2014 concerning Copyright". The role of LMK in distributing royalties is to carry out a "socialization system" by sending several letters gradually.
PERLINDUNGAN KONSUMEN ATAS INFORMASI YANG TIDAK JELAS MENURUT UNDANG-UNDANG PERLINDUNGAN KONSUMEN Juni Desiani; N.G.N Renti Maharaini Kerti
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.v5i1.15251

Abstract

Starting with the owner of the food stall R.M., those who conduct their business activities with bad intentions can be identified by the lack of information in the form of transparent prices on the  food menu. As a result, it has been discovered that business  actors charge very high prices to customers who enter food stalls. How the Bogor City Regency regional regulations connect to the requirement for business actors to include pricing on the food menu list and what are the sanctions for food stall business actors R.M. are the formulations of the problem that the author explores. The research is descriptive and normative, use primary and secondary data, qualitative analysis, and deductive logic. The results of the research are the Consumer Protection Law protecting the rights of consumers for clear information.
MASALAH DALAM SISTEM PRE PROJECT SELLING APARTEMEN GRAND CUT MEUTIA Nancy Glhoria Situmorang; Kartika Sari, Elsi; Situmorang, Nancy Glhoria
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.v5i1.15252

Abstract

The Pre Project Selling system is a method of selling apartments that is used before the building process is complete. The developer, the buyer, and the guarantor agency all profit from this system since it allows marketing to take place even before construction is started. The PPJB. 401/Pdt.G/2020/Pn.Bks, which claims that the developer has breached promises, is accurate. This is known as the Pre-Project Selling System, but in reality it leads to many violations. It is normative juridical research-which is based on secondary data, analytical descriptive with inductive conclusions-was conducted to address these issues. The findings of the investigation, the analysis, and the judgment, all in one ruling decision number 401/Pdt.G/2020/Pn.Bks by the judge has imposed a sanction in which the company Selaras Mitra Sejati states that the developer has correctly broken a promise as described in the order letter in Article 8 Paragraph G there that after which the purchase order was merged with the PPJB. the judge's decision stating that the developer broke promises, such as the UURS regarding sanctions in Article 110, the sanctions that must be fulfilled in this decision are appropriate because they did not submit the PPJB for Grand Cut Meutia Apartments.
PARATE EKSEKUSI ATAS TANAH HAK MILIK SEBAGAI JAMINAN UTANG Elvira Diba Fahlevi; Irene Eka Sihombing; Diba Fahlevi, Elvira
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.v4i6.15255

Abstract

A credit arrangement existed between M.Nova Irdiansa, the debtor, and Bank CIMB Niaga, the creditor, in the case that took place on October 20, 2014. In its ruling on the issue, the Supreme Court's panel of judges rejected the plaintiffs' request for a memorandum of cassation, which was included in the judgement. The plaintiffs in this case, M.Nova Irdiansa and Hj.Enny Adriati, are subject to Article 6 of the Mortgage Act (Parate Eksecusi), which provides legal certainty for debt repayment. The issue is whether Bank CIMB Niaga's execution of mortgage rights on freehold land through a public auction complies with the Minister of Finance Regulation Number 27/PMK.06/2016. Research method is normative law, analytical descriptive, the source literature studies, interviews informants and using deductive logic method. The results the research, discussion and conclusion are that the judge rejected the plaintiffs' cassation because Bank CIMB Niaga was proven to have been authorized by law to carry out executions without the consent of the debtor granting Mortgage Rights (Parate Execution), the implementation of which was based on the promise in Article 2 number 6 Deed of Granting Mortgage Rights (APHT) Number 233/2014, namely by way of auction because it had been agreed beforehand.
TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR 92/PID/2021/PT.JAP) Celine Wiranata; Vience Ratna Multiwijaya
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.v5i1.15256

Abstract

The defendant, Otis Faskar Charkes Arera alias Otis, first committed violence by threatening the victim with a knife strapped around the victim's neck and in front of the victim's child. This threat was made in order to take the victim's property, which belonged to another person. Decision Study No. 92/PID/2021/PT Research Jap. The researcher poses the question: In light of Article 365, paragraphs 2 and 3, of the Criminal Code, are the actions of those who commit the crime of stealing with violence legitimate or not? This study employs a descriptive analytic normative research design and relies solely on secondary data, including main legal materials and secondary legal materials obtained from literature studies and analyzed qualitatively and then uses deductive logic in drawing conclusions. The conclusion of this study, namely that the actions of the perpetrators of the crime of theft with violence are inappropriate based on Article 365 paragraph (2) 1st and 3rd. Suggestions from this study, namely that investigators should in determining the article used as the basis must look at the facts based on Article 365 paragraph 1 in conjunction with paragraph 2 1st and 3rd of the Criminal Code.
TINJAUAN YURIDIS TINDAK PIDANA PENGEROYOKAN SECARA BERSAMA YANG MENGAKIBATKAN LUKA Chantiqa Dwi Ayudhia Chaerunnisa; Vientje 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.v4i6.15260

Abstract

The defendant in the persecution case named Yayan Sopian bin Tardi has been sentenced proven and convincingly guilty of committing the crime of persecution as stipulated in Article 351 of Criminal Code. Through a brief research by the researcher, there are circumstances and a chronology of events which constitute the crime of beating up which resulted in injuries as stipulated in Article 170 Paragraph (2) 1st of Criminal Code. The formulation of the problems in this research are whether the defendant's actions were in accordance with Article 351 of the Criminal Code (Study of Decision Number 541/Pid.B/2020/PN Bdg) or not and what is the Judge’s Consideration in the Decision Number 541/Pid.B/2020/PN Bdg. This research is a normative and descriptive analytical legal research that use secondary data consisting of primary legal materials and secondary legal materials obtained from literature studies, analyzed qualitatively and the conclusions are drawn by using deductive logic methods. The conclusions from the research are 1) The defendant's actions were not in accordance with Article 351 Paragraph (1) in conjunction with Article 55 of the Criminal Code. 2) The considerations used in Decision Number 541/Pid.B/2020/PN Bdg are only based on artistic approach or intuition and wisdom.
PEMBAGIAN HARTA BERSAMA MENURUT UNDANG-UNDANG PERKAWINAN DALAM KASUS PUTUSAN NOMOR 161/PDT.G/2019/PN.BDG Lydia Amelia; Aline Gratika Nugrahani
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.v4i6.15284

Abstract

After marriage, unification of assets is created and called total assets. It’s undeniable many couples' quarrels leads to a divorce. In first degree divorce process, judge is obliged to carry out mediation process, and mediator accompanies the process as neutral party. If both parties agree to mediate, then the agreement is in form of settlement. However, what if the deed of reconciliation is submitted to a notary before filing for divorce, and some assets are not listed in the deed of reconciliation after final lawsuit is filed. The research’s problem: How is the distribution of joint assets according to Law Number 1 of 1974 and How does the effect of the Deed of Settlement on the distribution of joint assets in the case number 161/Pdt.G/2019 /PN. Bdg?. The research is a descriptive legal research, using secondary data, supported by primary data and The conclusions are drawn using deductive method. This research states that Article 37 of Law Number 1 of 1974 concerning Marriage that if a marriage is dissolved due to divorce, the assets settled in accordance with applicable laws and settlement agreement is made. There are no more disputes regarding the distribution of joint assets agreed in settlement document.
PEMBERIAN DISPENSASI KAWIN ANAK DIBAWAH UMUR MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 Fajar; Muriani
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.v4i6.15287

Abstract

Age restriction is a crucial prerequisite for marriage. An application for marital dispensation can be made to the court, and the court will grant a dispensation from marriage if the minimum age requirement has not been satisfied. The problem is formulated as follows: Are the legal ramifications of granting a marriage dispensation in decision number 0080/Pdt.P/2020/PA.Dpk by the Depok court consistent with Law Number 1 of 1974 and Law Number 16 of 2019? The type of study being done by normative legal, analytical descriptive in character, and deductive logic is employed to draw conclusions after processing qualitative data and utilising secondary data. Research findings, a discussion, and a conclusion the legal implications of granting the marital dispensation is giving rise to rights and obligations among the applicant as husband and wife, and also the applicant's dispensation can enter into marriage, are inconsistent with the decision Number 0080/Pdt.P/2020/PA.Dpk with the relevant law regarding the marital dispensation granted by PA Depok. In order to decrease the incidence of early marriages, the panel of judges gave closer consideration to the justifications for requesting a marriage dispensation.
UPAYA PAKSA PENANGKAPAN DAN PENETAPAN STATUS TERSANGKA TERHADAP TINDAK PIDANA PENCURIAN Tantio Prabowo; Asep Iwan Iriawan
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.v4i6.15290

Abstract

Although the Pretrial Institution was created as a mechanism of supervision to monitor the legality of investigators' use of their authority, in the reality, investigators continue to exercise their power arbitrarily without regard for the applicable processes and rules. The issue is whether the Gorontalo City Police Resort's arrest of Fadlan Ishak and determination of his status as a suspect was in accordance with Law Number 8 of 1981 regarding the Criminal Procedure Code and Perkap Number 6 of 2019, as well as whether the judge's decision to deny all of the applicant's requests in the Pretrial Court decision Gorontalo State Number 9/Pid.Pra/2020/PN.Gto conforms with the requirements of Perkap Number 6 of 2019 and Law Number 8 of 1981 regarding the Criminal Procedure Code. The research approach uses normative law, with qualitative data management and deductive conclusion-drawing. According to the findings of the investigation, the Gorontalo City Police Resort's forced arrest and determination of the suspect's status was in violation of Article 17, Article 18 paragraph (1), and Article 18 paragraph (2) of the Criminal Procedure Code because it was not supported by an assignment letter or an arrest warrant and was not based on enough preliminary evidence.

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