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<![CDATA[TINDAK PIDANA PRAKTIK KEDOKTERAN TANPA IZIN PRAKTIK ]]>
<![CDATA[Norbert Tanto Harjadi]]>;
<![CDATA[Winda Ayu Setyowati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15418
<![CDATA[A medical crime is a criminal act that violates medical ethics. Heny Desrityani engaged in fraudulent behavior, letter forgery, and illegal drug use. The question posed in this study is whether the defendant's activities are compliant with Articles 77 and 78 of Law No. 29 of 2004 and what other crimes the defendant may have committed. This research methodology was discovered through a literature review, and descriptive analysis was the type of research that was being done. The defendant used a doctor's degree and medical equipment and methods to commit a medical crime, according to the findings of the investigation and discussion. The defendant also committed fraud and letter forgery. Which resulted in the conclusion that the defendant was only subject to one article because there was the principle of Lex Specialis Derogat Legi Generali and in this case the sentence imposed was relatively light and not in accordance with the objectives of the existing punishment.]]>
<![CDATA[POTENSI PENGGUNAAN LENIENCY PROGRAM DALAM PERKARA KARTEL INDONESIA: STUDI PERBANDINGAN LENIENCY JEPANG ]]>
<![CDATA[M Faqih Surbakti]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15419
<![CDATA[The leniency program is a pardon mechanism that allows cartel members to complain to the business competition authorities about cartel operations and receive partial or whole exemption from the penalties and/or fines that should be imposed. In Japan, the Leniency Program is in use. This article's formulation of the problem is how to create a leniency program in Japan based on the Antimonopoly Act and what are the chances of doing so to expose cartels in Indonesia's competition law system. This article offers a normative legal analysis of Indonesia's prospective use of leniency schemes in cartel proceedings. The research is descriptive-analytical in character, and data collecting through literature reviews and interviews, whereas data processing is qualitative. The findings of the research and debate indicate that it is highly likely that Indonesia will implement the leniency program by enacting the bill as the new Business Competition Law. The research's finding is that the leniency program is likely to be implemented in Indonesia by passing the bill as the country's new Business Competition Law because it is comprehensively implemented in Japan, from reporting procedures to sentencing reductions. It is suggested that Law No. 5/1999, whose provisions include a leniency program system, be amended, and that the KPPU then work with the LPSK to offer protection for reporters in the leniency program system.]]>
<![CDATA[PEMBERIAN GANTI KERUGIAN PEMBANGUNAN JALAN TOL DI KABUPATEN OGAN ILIR ]]>
<![CDATA[Azarine Nuratna Shafa]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15423
<![CDATA[In order to implement the supply of fair and appropriate compensation during land acquisition for the public benefit, the implementation of compensation must be founded on land acquisition principles. The question being addressed is whether or not the compensation being granted for the construction of Phase I of the Simpang Indralaya-Muara Enim Toll Road in Ogan Ilir Regency is appropriate or not in light of the principles of land acquisition, as well as whether the provisions of the cassation decision No. 701 K/Pdt/2021 regarding the compensation being granted are appropriate or not in light of those principles. Normative legal research is the research method used to address the issues in the study, and analytical descriptive, secondary data kinds are the research's nature and making judgments based on deductive reasoning. The study's findings demonstrate that the provision of compensation for the Phase I Simpang Indralaya-Muara Enim Toll Road in Ogan Ilir Regency is not in accordance with the principles of agreement and openness, and the contents of the appeal decision number 701 K/Pdt/2021 regarding the provision of compensation strengthen the decision of the Kayuagung district court number 39/Pdt.G/2020/PN Kag which is not in accordance with the principles of agreement on land acquisition.]]>
<![CDATA[PENEGAKAN HUKUM KEPADA WARGA NEGARA ASING TERKAIT TINDAK PIDANA KEIMIGRASIAN DOKUMEN PALSU ]]>
<![CDATA[Dimas Refaldy]]>;
<![CDATA[Tri Sulistyowati]]>;
<![CDATA[Refaldy, Dimas]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15426
<![CDATA[Indonesian Immigration is regulated by Law no. 6 of 2011 concerning Immigration, which is carried out by the Directorate General of Immigration in accordance with Article 1 paragraph (6). Problems: how did the violation of the use of fake immigration documents by Muhammad Habib a Bangladesh citizen occur and how was the supervision of foreigners who used fake documents in Indonesia, and was the District Court Decision Number: 172/Pid.B/2020/Pn.Tsm against Muhammad Habib is in accordance with the law on Immigration. This research is normative, descriptive in nature, uses secondary data, analyzed qualitatively, conclusions are drawn using a deductive method. Research results: Muhammad Habib made a mistake by submitting fake identity documents. Supervision of foreigners is carried out in accordance with a selective policy which aims to ensure that foreign nationals come to Indonesia to bring benefits to Indonesia.]]>
<![CDATA[PENAHANAN DAN EKSEKUSI PEMIDANAAN ANAK YANG TIDAK DITEMPATKAN DI LPAS DAN LPKA ]]>
<![CDATA[Mega Mustika Noviyanti]]>;
<![CDATA[Setiyono]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15428
<![CDATA[Children are the generation that will shape the course of the country. For them to develop into mentally and physically fit youngsters as well as future seeds, children need guidance and preparation from an early age. Juvenile delinquency always rises year, thus measures to stop it must be supported and regulated by law. It is said that a youngster committed stealing in case number 6/Pid.Sus-Anak/2022/PNSrg. The formulation of the problem in this thesis is how to carry out the detention of children during the investigation and trial, as well as how to carry out the punishment of children in the case. Normative legal research is the method of inquiry used in this thesis. The research's analytical descriptive nature calls for a qualitative approach to data processing. The findings of the research and discussion demonstrate that the detention of the suspect while he was still a minor during the investigation phase of the case up until his sentencing did not follow the guidelines outlined in Article 1 Point 21 of the SPPA Law because the suspect was held at the Serang Police Detention Center throughout the investigation phase and trial phase of the case. The manner in which the punishment was carried out following the judgement did not adhere to the rules outlined in Article 1 Number 20 of the SPPA Law because the implementation of the sentence against the convict is carried out at the Serang Police Detention Center.]]>
<![CDATA[TINJAUAN YURIDIS SENGKETA KEPEMILIKAN MEREK SUPREME ]]>
<![CDATA[Ananda Putri Safira]]>;
<![CDATA[Elfrida Ratnawati Gultom]]>;
<![CDATA[Putri Safira, Ananda]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15429
<![CDATA[The Law No. 20 of 2016 Concerning Marks and Geographical Indications, which addresses brands and geographical indications, regulates the strong relationship between marks and unfair competition. The formulation of the problem in this study is how to resolve disputes over ownership of the SUPREME brand according to Trademark Law and whether or not the Judge's decision in the dispute over ownership of the SUPREME brand, Central Jakarta Commercial Court Number 10/Pdt.Sus-Merek/2021/PN.Niaga.Jkt.Pst, is appropriate or not according to Trademark Law. Normative legislation underlies this research approach, which has the nature of analytical descriptive research, the object of research is disputes over ownership of the SUPREME brand, collecting data through literature studies, analyzing data using qualitative analysis methods, and drawing conclusions using deductive methods. The results of the research and discussion show that it is not in accordance with the existing provisions, the judge does not accept the plaintiff's request because the lawsuit has expired. The conclusion is that the owner of the registered mark or the licensee can file a lawsuit against another party with the principal similarities or in its entirety, the Judge's decision can be said to be erroneous and not in accordance with the applicable law.]]>
<![CDATA[PERLINDUNGAN HAK PEKERJA MIGRAN DALAM PIALA DUNIA FIFA DI QATAR 2022 ]]>
<![CDATA[Hadyan Aptadhia Falah]]>;
<![CDATA[Aji Wibowo]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15826
<![CDATA[Many issues have arisen during the construction of the stadium for the FIFA World Cup in Qatar in 2022. The study's characterization of the issue is the pay and death of migrant workers. The research approach uses normative legal analysis of qualitative data. According to research and discussion, migrant worker deaths frequently occur without clear investigation into the causes. Without a clear investigation into the causes of migrant worker deaths, the families of migrant workers who are left behind cannot get adequate compensation. the remuneration of migrant workers is also a problem that has not been resolved, even though Qatar has tried many solutions to overcome it, in practice, the right to wages is still often violated. The conclusion is that Qatar has violated the provisions of the Right to Life and the Right to Wages of migrant workers set out in Article 2 and Article 23 point (2) of the UDHR. Qatar is also negligent in carrying out its obligations as a state, by not protecting the rights of migrant workers, not investigating the deaths of migrant workers, and being unable to provide solutions to the deaths and wages of migrant workers.]]>
<![CDATA[Tindak Pidana Penganiayaan Terungkap Direncanakan Terlebih Dahulu Mengakibatkan Korban Luka-Luka (Studi Putusan PN Brebes Nomor: 57/ Pid.B /2020 / PN.BBs.).” ]]>
<![CDATA[Adde Pramana Putra]]>;
<![CDATA[Aprima Suar]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15827
<![CDATA[Based on how these actions affect the victims, material criminal law is applied to acts of persecution. The elements of the persecution offense that were broken will determine how the victim of the crime is punished. The issue is whether the criminal act of persecution in the case of Brebes District Court Decision No: 57/Pid.B/2020/PN.BBs., satisfies the criminal elements of Article 351 paragraph (1) of the Criminal Code, and how the criminal act of persecution in the case of the Brebes District Court Decision is subject to material criminal law. The research approach makes use of a particular sort of study, namely normative legal research, which has an analytical descriptive research nature. and the type of data used is secondary data, analyzed qualitatively to then draw conclusions deductively. The results of the research, discussion and conclusion are that the abuse committed by the Defendant against the Victims and concluded from witness statements, the confessions of the accused and from the results of the Visum Et Repertum, fulfill the criminal elements of Article 351 paragraph (1) of the Criminal Code. However, the application of the material criminal law by the Panel of Judges at the Brebes District Court was inappropriate, because the legal facts revealed at trial showed that the sickle used by the Defendant had been prepared beforehand, so that the application of material punishment to the case was a criminal act of premeditated persecution under Article 353 of the Criminal Code.]]>
<![CDATA[PERBANDINGAN HUKUM KETENTUAN PERKAWINAN POLIGAMI DI INDONESIA DAN MESIR ]]>
<![CDATA[Raka Haikal Anfasya]]>;
<![CDATA[Natasya Yunita Sugiastuti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15839
<![CDATA[According to Indonesian law, monogamy is the foundation of marriage, although this principle is not unbreakable but rather flexible. Marriage law sets forth strong guidelines and requirements for polygamous marriages in order to prevent violations of and injury to wives' rights and to generally safeguard women. This study compares the polygamy provisions based on Egyptian and Indonesian law to examine the polygamy issue. The research is normative, using secondary data, qualitative analysis, and deductive conclusion. Research findings: Indonesian law regarding polygamous marriages is more comprehensive and complex than Egyptian law. Here some characteristics of polygamous marriages: the husband asks permission to engage in polygamy from the court; there is an obligation of notification and permission from the first wife; a reason to practice polygamy; sanctions for parties who violate the provisions on polygamy. In conclusion, Muh.Irham's decision was proven to have abandoned Nurdiana because she remarried secretly and according to Article 45 (1) PP No.9 1975 Muh.Irham was threatened with a fine of Rp.7500. Meanwhile, Big Ramy was proven to have committed polygamy secretly and according to Article 23 Bis Law 100 of 1985 was threatened with imprisonment for 6 months and a fine of 200 (Two Hundred) Pounds.]]>
<![CDATA[- ASPEK GABUNGAN PIDANA TERHADAP PELAKU PEMERKOSAAN DAN KEPEMILIKAN SENJATA (PUTUSAN NOMOR 200/PID.SUS/2021/PN.TRG): - ]]>
<![CDATA[Mohammad Yofarrel]]>;
<![CDATA[Widjajanti, Ermania]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15849
<![CDATA[The defendant Cecep Sutarno was found guilty of being legally and conclusively proven to have committed the crime of rape as specified in Article 285 of the Criminal Code based on the "Decision of the Tenggarong District Court Number 200/Pid.Sus/2021/PN.Trg". In addition, the defendant broke Article 2 paragraph 1 of Emergency Law Number 12 of 1951. How is the combined crime of rape and having a stabbing weapon without a permit defined by the Criminal Code (research of Decision Number: 200/Pid.Sus/2021/PN.Trg)? is how the issue in this research is formulated. What about the penalties for those found guilty of rape and illegally carrying a knife (Decision Study Number 200/Pid.Sus/2021/PN.Trg)? The research method is a normative legal research that is descriptive-analytic in nature as well as secondary data types assisted by primary legal materials. Study through qualitative analysis with deductive conclusion. The results of the research and discussion are a combined form of crime committed by Cecep Sutarno in the form of Concursus Idealis with punishment given using Article 63 paragraph (1) of the Criminal Code. Conclusion: The combined form of the defendant's crime is concurrence of regulations or Concursus Idealis in accordance with the provisions of Article 63 paragraph (1) of the Criminal Code. The form of punishment in this case is to use the absorption penalty system.]]>
