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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 PENOLAKAN PERMOHONAN UJI MATERIIL PERATURAN KOMISI PEMBERANTASAN KORUPSI NOMOR 1 TAHUN 2021 Gilang Narawangsa Namara; Adiasih, Ning; Narawangsa Namara, Gilang
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.v5i1.15291

Abstract

The Supreme Court's existence is inextricably linked to its status as the highest court in the land, with the power to physically examine and assess legal rules to determine whether a product is legal in terms of content (material) that is incompatible with a higher or higher level. The issue is how the judge's considerations in the Supreme Court decision No. 26/P/HUM/2021 in light of Law No. 19 of 2019 concerning the Second Amendment to Law No. 30 of 2002 regarding the Corruption Eradication Commission (KPK) and its decision Constitutional Court Number 70/PUU-XVII/2019 and the authority of the KPK after the issuance of Supreme Court Decision Number 26/P/HUM/2021 on the Eradication of Corrupt Practices in Indonesia. The research is normative, using secondary data, analyzed qualitatively, deductive conclusions. The results of the research and discussion are that the plaintiff's request must be accepted by the panel of judges who tried the case without changing the permit. The author has opinion that the Supreme Court decision is inconsistent with the applicable laws and regulations. Conclusion: there are differences in interpretation and meaning regarding the national vision test and there is no change in authority before and after decision 26/P/HUM/2021 which is attached to the national vision test of Law No. 19 of 2019.
PERANAN DAN KEDUDUKAN BADAN PENYELENGGARA JAMINAN PRODUK HALAL DALAM KELEMBAGAAN NEGARA Amita Fayzia Handyani; Ninuk Wijiningsih
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.v5i1.15292

Abstract

The executive, legislative, and judicial branches of government are examples of state institutions. The Halal Product Guarantee Agency, also known as BPJPH, was established by state institutions in Indonesia and is in charge of administering and disseminating halal certification. The formulation of the research problem is: what is the status of implementation regarding the granting of halal certification in Indonesia; and whether what BPJPH has done in implementing halal certification is in compliance with the applicable law. The solutions to these issues employ normative legal research methodologies, secondary data as the major source of information, some of which are descriptive in nature, can be qualitatively assessed, and deductive reasoning is used to derive conclusions. According to the study's findings, Indonesia's implementation of the issuance of halal certification complies with applicable law, and BPJPH's implementation of halal certification is still deficient, specifically during the halal certification period.
TINDAK PIDANA MENYEBARKAN BERITA BOHONG MERUGIKAN KONSUMEN MELALUI MEDIA SOSIAL INSTAGRAM Bella Annisa Maharani; Ermania Widjajanti; Maharani, Bella Annisa
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.v5i1.15293

Abstract

Online fraud is when a writer accesses a website using internet services with the intention of fooling one of the people he intends to target. As a result, lawmakers must be more aggressive in punishing those who commit fraud, particularly online fraud, by having a deterrent effect on others who do so. 1) Did the Respondent's activities satisfy the criteria listed in Article 45A Paragraph (1) of the Electronic Transaction Information Law Number 19 of 2016 (Research Decision Number 1085/pid.sus/2020/PN.bdg)? This is the problem formulation for this final work; 2) How do judges penalize those who commit online fraud using the social media platform Instagram (analysis of decision No. 1085/Pid.sus/2020/PN.Bdg). With secondary data and qualitative analysis, this form of study is normative, and inferential reasoning is used to arrive at findings. Conclusion: 1) The respondent's conduct satisfy the conditions outlined in Article 45A (1); 2) based on the judge's sentencing in that case, which was based only on theory, particularly contemporary, which combines all three types of sentencing theories-absolute, relative, and a combination of the two-and must satisfy the following criteria: Deterrence, education, rehabilitation, social control, rehabilitation, restorative justice.
SANKSI PIDANA TINDAK PIDANA PENGGELAPAN DALAM HUBUNGAN KERJA Nurul Fadilah; Eriyantouw Wahid
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.v5i1.15294

Abstract

Bagus Setianto committed the offense of embezzlement in working relationships by stealing money from product sales. The question posed in this essay is whether the perpetrator's conduct comply with article 374 of the Criminal Code and if the judge made the right choice in issuing a 2-year sentence. This study use normative research methodologies, analyzes qualitative data, uses secondary data, and uses deductive reasoning to reach findings. The findings revealed that Bagus Setianto had erred by abusing his position as supervisor. Specifically, the defendant had altered the assigned email address and embezzled money from product sales by repeatedly transferring it to his wife's account without getting permission from Pangansari Utama Food Distribution for his own use.
PERLINDUNGAN HUKUM TERHADAP PEMEGANG TANAH HAK ADAT Benyamin Tomas Setiawan; Endang Pandamdari
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.v4i6.15295

Abstract

As Lahat Regency's Indigenous Peoples, the Dalian have inherited land from their ancestors. The land belongs to the late Maijah binti Jamun, and according to the customary certificate with the number 038/P/TS/2018/1994, she had the status of having customary land rights. By entering into an agreement and a contract with the late Maijah Binti Jamun, Arta Prigel has control over the customary land that is owned by Dalian as the plaintiff and the land certificate has been issued as a Cultivation Right. However, the agreement was not paid for until a lawsuit was filed by Dalian as well as one of the heirs. The issue is whether DALIAN as successors' possession of land with customary ownership rights complies with national land law according to certificate of traditional land rights 038/P/TS/1994. Based on SUPREME COURT DECISION 3173 K/Pdt/2019 by PT. Artha Prigel, how is the legal protection of owners of traditional property rights in connection to land tenure. This style of legal study is descriptive normative. Secondary data is what was used.
DENGAN SENGAJA TIDAK TAAT PERINTAH ATASAN OLEH PRAJURIT TNI Ryan Maulana; Sutrisno
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.v5i1.15296

Abstract

Giyanto committed the crime by willfully disobeying orders from superiors, and the issue at hand is whether the perpetrator's actions here complied with the law as set forth in the Book of Law 39 of 1997 concerning Military Criminal Law (KUHPM), as well as whether the judge's decision to impose a 6-month sentence plus an additional sentence was proper. This study use normative research methodologies, analyzes qualitative data, uses secondary data, and uses deductive reasoning to reach findings. The findings of the study and the discussion demonstrate that Giyanto is mindful of his decision to disobey or arbitrarily deviate from a superior's order. It follows that his activities satisfied the requirements for a crime as defined in Article 103(1) of the Military Criminal Code.
PRINSIP POLLUTER PAYS PADA PENCEMARAN LAUT AKIBAT TUMPAHAN MINYAK: HUKUM LINGKUNGAN INTERNASIONAL Muhammad Ivandri; Arlina Permanasari
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.v5i1.15401

Abstract

When enforcing environmental laws, both preventive and punitive measures, the polluter pays approach is particularly beneficial. The problem is how the Polluter Pays principle is carried out by countries affected by oil spills in their territorial sea and whether the Polluter Pays principle is carried out by countries affected by sea pollution. This study discusses the implementation of the Polluter Pays principle due to marine pollution due to oil spills and the imposition of compensation. Normative research with literature reviews based on court records and facts that arise in cases of tanker accidents and oil rig leaks is used, data use descriptive analysis. The data sources used are primary and secondary legal materials. The results of the research and discussion illustrate the application of the Polluter Pays principle in cases that result in marine pollution by oil. Polluters also carry out compensation for affected countries by using prices prevailing in the market, taking certain actions and implementing restoration of environmental functions. It was concluded that the application of the Polluter Pays principle is quite effective in dealing with pollution at sea, so that the application of the Polluter Pays principle needs to be fully enforced in marine environmental disputes.
PEMBANGUNAN JURASSIC PARK DI PULAU KOMODO BERDASARKAN WORLD HERITAGE CONVENTION 1972 Irfanto Norchamahdi; Amalia Zuhra
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.v5i1.15402

Abstract

In 2020 a Geopark will be built that carries the Jurassic Park concept which has caused a lot of polemic in the community, whether the development is said to violate the provisions of the World Heritage Convention. This requires the government to make efforts to preserve the Komodo dragon as an endangered species. The problem is whether the construction of the Komodo Island Jurassic Park violates the provisions of the 1972 World Heritage Convention and what efforts need to be made to protect and preserve Komodo dragons? The article is normative research methods were carried out. Data processing is done qualitatively and conclusions is done using deductive methods. The results of the research and discussion are that the development of the Komodo National Park is an integrated and well-planned planned infrastructure regeneration which includes the design of areas, routes, supply of clean water, waste management, cleaning, and rejuvenation of human settlements. Jurassic Park Komodo National Park will not have a negative impact but a positive impact because the goal is to protect the diversity of the earth through conservation. 5 of 1990 concerning the Conservation of Living Natural Resources and their Ecosystems.
PENGGUNAAN SURAT IZIN PENANGKAPAN IKAN (SIPI) PALSU OLEH KAPAL ASING PENANGKAP IKAN Alika Shanya Deivira Nofendi; Untari Indah Artati, Sri
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.v5i1.15416

Abstract

Every fishing activity requires a fishing permit (SIPI), yet as determined by Decision Number: 08/Pid.Prkn/2011/PN.TPI, foreign vessels continue to engage in fishing using forged licenses. The formulation of the issue in this study is compatibility between the legal repercussions for foreign ships that violate the SIPI falsification laws in the decision number 08/PID/PRKN/2011/PN.TPI and Law no. 45/2009 concerning amendments to Law no. 31/2004 concerning Fisheries, as well as what challenges foreign-flagged vessels encounter when making SIPI in order to use fake SIPI. Normative legislation is the study methodology used, using secondary data backed up by primary data. analysis of qualitative data leading to deduction. The study's findings and commentary demonstrate that from the conclusions of Article 94A jo. 28A Point B Law no. 45/2009 regarding changes to Law no. 31/2004 the fines imposed by the judges were not optimal and the constraints experienced by foreign-flagged vessels for fishing activities, since 2007 the Government of Indonesia has issued a policy regarding not extending fishing permits for foreign-flagged vessels.
PEMBERIAN SANKSI BERUPA PEMBEBASAN JABATAN OLEH BUPATI DI KOTAWARINGIN TIMUR KALIMANTAN TENGAH Ernawati; Pamungkas, Yogo; Ernawati, Ernawati
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.v5i1.15417

Abstract

Sanggul is a State Civil Apparatus who has brought the "Decree of the East Kotawaringin Regent Concerning Disciplinary Punishment for Exemption from Position" to the Palangkaraya State Administrative Court as the subject of the dispute. The issue with this article is that the steps used by the Kotawaringin Timur regent to inspect Sanggul and impose sanctions on his dismissal from office in Decision 3/G/2021/PTUN.Plk were not in accordance with the steps outlined in PP No. 53/2010 on Civil Service Discipline. The research methodology employed is normative juridical, which analyzes primary and secondary evidence before drawing inferences based on qualitative analysis. The findings of this study show that the Kotawaringin Timur regent's methods for applying disciplinary sanctions were procedurally faulty since they did not follow the PP above. According to the study's findings, because the Kotawaringin regent did not follow the inspection procedure exactly as required by the government regulation on civil servant discipline, he was deemed careless and negligent in carrying out the administrative stages. The East Kotawaringin regent then brought about the repercussions of not achieving the requirements of Articles 23 and 24 of the PP above.

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