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<![CDATA[TINDAK PIDANA PENCUCIAN UANG SEBAGAI FOLLOW UP CRIME DARI TINDAK PIDANA PERJUDIAN (STUDI PUTUSAN NO 40/PID.SUS/2020/PN.JKT.SEL) ]]>
<![CDATA[Putri Tari Septiani]]>;
<![CDATA[Widjajanti, Ermania]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15856
<![CDATA[Dirty money is a term used to describe money laundering. As is the case in the money laundering case committed by the defendants, specifically defendants I Muslimin, defendant II Kurnia, and defendant III Edi, the money was obtained through gaming and was laundered by receiving a transfer from Barta (DPO). Problem statement: Can the crime of money laundering in this instance be considered a continuation of gambling? and how may the offenders be punished criminally? Analytical descriptive research techniques are used in normative legal research. Due to the fact that they simply take pleasure in or get the proceeds of their crimes, Muslim criminals can be considered passive actors who engage in money laundering. The accused include passive actors who only accept transfers. that is, the crime of money laundering is a follow-up crime of gambling, imposing sanctions on the appropriate defendants, namely Article 5. The conclusion in the court decision in the statute was decided by using Article 10 Jo Article 3 Jo Pasal 2 ayat 1 letter t Law No. 8 year 2010, the defendants should have been dropped by Pasal 5.]]>
<![CDATA[ANALISIS YURIDIS PUTUSAN ULTRA PETITA TERHADAP PELAKU TINDAK PIDANA NARKOTIKA BERDASARKAN KUHAP ]]>
<![CDATA[Chelsy Tamara Siahaan]]>;
<![CDATA[Abdul Ficar Hadjar]]>
<![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.v5i1.15857
<![CDATA[A judge's ruling is a part of the criminal justice system. Because the indictment serves as the foundation for assessing criminal cases, the judge's decision must be based on it. In actuality, judgments are frequently made without regard to indictments. What is the legal foundation for and ramifications of the ultra petita decision? The research methodology employs normative law, is descriptive analytical, relies on secondary data, uses qualitative data analysis, and draws findings using a deductive approach. The findings of the study and debate demonstrate that the cassation decision was erroneous since the judge did not base his decision on the public prosecutor's indictment, whereas the defendant was charged with using Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) letter a of Law no. 35 of 2009 concerning Narcotics. However, in the decision at the cassation level, the panel of judges decided to use Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics in which the Public Prosecutor did not indict that article. Decisions that exceed charges or ultra petita are prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code. Conclusion; then the ultra petita decision is prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code.]]>
<![CDATA[- “Pemidanaan Oleh Hakim Dalam Pencurian Pada Malam Hari Di Rumah (Putusan Nomor 638/ Pid. B/ 2020/ PN MRE)”: - ]]>
<![CDATA[Diastika Fajar Anggraeni]]>;
<![CDATA[Maria Silvya E. Wangga]]>
<![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.v5i2.15859
<![CDATA[Regarding nighttime stealing at home, decision number 638/Pid.B/2020/PN MRE was made. In Decision Number 638/Pid.B/2020/PN MRE, the issue is whether the author's actions are in accordance with Article 363 paragraphs (1), fourth and fifth, of the Criminal Code, and what sentencing guidelines the judge took into account when imposing a decision on the case. Legal research, which is descriptive analysis in nature, is the research methodology used. This study's findings and debate led to the development of sentencing recommendations and goals. The conclusion of this study is that the judge's judgment is asynchronous when employing the requirements of Article 363 paragraphs (1) 4 and 5 of the Criminal Code and sentencing standards that are considered by judges in applying criminal sanctions to perpetrators must be objective so that later the judge will fully fulfill the goals of security and justice. The conclusion of this study: the defendant's actions in this case do not meet the requirements of Article 363 paragraph (1) 5, but the requirements of Article 363 paragraph (2) of the Criminal Code and the sentencing guidelines used are evidence, legal facts, witness statements from victims, and statements from the accused. These sentencing guidelines have not yet been regulated in the Criminal Code and have only been found in the 2019 Draft Criminal Code.]]>
<![CDATA[_ PENDAFTARAN TANAH SISTEMATIS LENGKAP DI DESA LINGGASANA KECAMATAN CILIMUS KABUPATEN KUNINGAN: _ ]]>
<![CDATA[Mila Listiya Dewi]]>;
<![CDATA[Meta Indah Budhianti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.15860
<![CDATA[Kuningan is targeted in PTSL zone. In 2021, The Kuningan District Land Office has set a goal of 70,000 fields for PTSL. The issue is whether land registration through the PTSL program already implemented in Linggasana Village, Cilimus District, Kuningan Regency based on the ATR/Ka.BPN Ministerial Regulation No. 6 of 2018 about PTSL, and what the challenges in implementation. The type of research is descriptive analytic study, normative law is applied, and secondary data is the sort of data used. The research result is analyzed by qualitative and examined by a deductive perspective. As a research and observation result, it has been determined that Linggasana Village's PTSL implementation is experiencing obstacles due to some of people did not want to participate in PTSL. The conclusion is the PTSL Program in Linggasana Village, Cilimus District, Kuningan Regency still has obstacles and it is decrease the performance of the land office in implementing the PTSL Program.]]>
<![CDATA[- PERANAN PEMERINTAH KOTA TANGERANG SELATAN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP FAKIR MISKIN: - ]]>
<![CDATA[Dimas Agung Sugeng Hariyadi]]>;
<![CDATA[Wijiningsih, Ninuk]]>
<![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.v5i2.15862
<![CDATA[Law Number 13 of 2011 on the Handling of the destitute governs how the destitute are handled in Indonesia. The research question: does the South Tangerang City Government's responsibility in providing legal protection to the underprivileged according Law Number 13 of 2011, and what challenges does the South Tangerang City Government encounter in doing so. This research is deductive to draw conclusions from qualitatively evaluated normative legal data. According to the findings of the study and debate, the South Tangerang City Government plays a crucial role in assisting and carrying out Law Number 13 of 2011 about Handling the Poor, which establishes the legal protection of the Poor. City Social Service, in its implementation there have been many policies and programs that can help provide legal protection to the poor, there are still obstacles in its implementation. In conclusion, the TangSel City Government is related to legal protection for the poor by channeling assistance such as social cash assistance (BST) distributed directly to people who are recorded by the TangSel City Social Service, obstacles such as the lack of outreach to the community related to assistance being given, but the TangSel City Government is preparing solutions such as increasing outreach.]]>
<![CDATA[ANALISIS YURIDIS RUANG TERBUKA HIJAU TERHADAP PENCEGAHAN BANJIR DI SEBAGIAN JAKARTA BARAT ]]>
<![CDATA[Nadya Rahma Putri]]>;
<![CDATA[Hasni]]>
<![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.v5i1.15869
<![CDATA[Public and private green open space are the two categories that make up green open space. The 2007 Law on Spatial Planning Number 26 regulates the percentage of green open space that urban areas must own. How can efforts be made to obtain at least 30% green open space in the West Jakarta region and how is the availability of public green open space for flood prevention in some areas of West Jakarta formulated as the problem? Utilizing normative and descriptive analysis techniques on two types of data-namely, secondary and primary data-in this study. Additionally, the analysis was conducted utilizing qualitative techniques, and results were reached using deductive reasoning. The findings of the study Discussion explain that the West Jakarta region's green open spaces still fall below the recommended minimum of 30%, making it impossible for them to effectively and efficiently serve as water catchment areas to prevent flooding in some regions of West Jakarta. The amount of green open space in West Jakarta is currently 8.64%, which is far below the existing target of at least 30%. As a result, green open space cannot currently prevent flooding in some areas of West Jakarta, and the Regional Government is making efforts to achieve the minimum target of 30% green open space, including land acquisition.]]>
<![CDATA[ANALISIS PERPRES NO. 113 TAHUN 2021 DITINJAU DARI PUTUSAN MK NO. 91/PUU-XVIII/2020 ]]>
<![CDATA[Nurfatika, Nurfatika]]>;
<![CDATA[Edwar, Ferry]]>
<![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.v5i1.16002
<![CDATA[The Law No. 11 of 2020 Concerning Job Creation (Job Creation Law) has been declared to be conditionally unconstitutional by the Constitutional Court Decision No. 91/PUU-XVIII/2020, which means that the articles put up for review have been found to conditionally violate the 1945 Constitution. However, following the reading of the Decision, the Government issued Presidential Regulation No. 113 of 2021 concerning the Structure and Implementation of the Land Bank Agency. This regulation has to do with the Job Creation Law and is in contravention of the Constitutional Court's ruling that the Government must suspend or postpone any policies related to the Job Creation Law. Whether the issue of Presidential Decree No. 113 of 2021 is in accordance with the Constitutional Court Decision No. 91/PUU-XVIII/2020 and what are the legal consequences of the issuance of Presidential Decree No. 113 of 2021. This research uses a normative juridical method. The results of this study indicate that based on the research that has been done, it can be concluded that the issuance of Presidential Decree No. 113 of 2021 violates and contradicts the Constitutional Court Decision No. 91/PUU-XVIII/2020.]]>
<![CDATA[- Analisis Yuridis Terhadap Saksi Korban Dibawah Umur Yang Disumpah Dalam Kasus Tindak Pidana Pencabulan (Studi Kasus Putusan Nomor 1162/Pid.B/2021/PN.Bdg) ]]>
<![CDATA[Nada Samyra]]>;
<![CDATA[Setiyono]]>
<![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.v5i2.16011
<![CDATA[According to the requirements of the Criminal Procedure Code (KUHAP), a kid under the age of 15 is not allowed to provide testimony as a witness who has been sworn in, making it impossible for the judge to review, consider, and decide on a criminal case using this testimony as legitimate evidence. The judge's considerations that classify a minor as a victim-witness who offers testimony under oath are against the Criminal Procedure Code, and thus phrasing of the issue is whether the statement from a minor can be characterized as valid evidence. Research methodology: a style of standardizing legal inquiry employing optional information as necessary and supplementary evidence. This information is provided subjectively and comes to light at the conclusion. The outcomes of the research show that there are violations of law that result in minors being declared incapable of being legal evidence. Discussion: because of that the legal considerations given by the panel of judges were inappropriate because judges did not need to swear underage children in giving testimony at trial. The conclusion of this study is that giving an oath to a minor and not the only witness involved in the case is an act that violates the Criminal Procedure Code.]]>
<![CDATA[GANTI KERUGIAN TANAH MILIK IVANNA SULISTIO THIO SESUAI TAHAP PELAKSANAAN PENGADAAN TANAH ]]>
<![CDATA[Muhammad Arsy Revaldy]]>;
<![CDATA[Nevia cahyana, Intan]]>;
<![CDATA[Arsy Revaldy, Muhammad]]>
<![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.v5i2.16270
<![CDATA[Ivanna Sulistio Thio has filed a protest regarding the incompatibility of compensation for the administration of land acquisition in the province of East Kalimantan. The area of land that has been given compensation is only 842 m2, whereas the area of land used for land acquisition is 5428 m2. The problem posed in this study is whether Ivanna Sulistio Thio should receive compensation for her land tenure in accordance with the Land Acquisition Implementation Stage based on Law Number 2 of 2012 and whether the Samarinda District Court's decision, Number 28/Pdt.G/2018/PN Smr, is in accordance with that law regarding land acquisition for development in the public Interest. The research method uses descriptive research that is normative, research data collection uses library research, data is analyzed using qualitative methods, drawing conclusions using deductive logic. The results of the research and discussion are that the value of compensation given by the executor of land acquisition is not in accordance with the principle of justice. The conclusion of the research is that the compensation given by the executor is not in accordance with the principles of land acquisition.]]>
<![CDATA[- Pelaksanaan Prinsip Kehati-hatian Bank Permata Dalam Pemberian Kredit ]]>
<![CDATA[Abdill Hannandi]]>;
<![CDATA[Keumala, Dinda]]>
<![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.v5i2.16271
<![CDATA[As in the case of the judgement no. 435.Pid.Sus/2020/PT. DKI between Bank Permata and the company's debtor and the debtor's negligence in meeting his payment obligations, banks are required to apply the precautionary principle when conducting credit activities. The issue is whether Bank Permata adhered to the precautionary principle when providing credit to businesses that were debtors in the case of decision no. 435/Pid.Sus/2020/PT.DKI and whether the judge's considerations were compliant with banking law laws. The research is normative juridical in nature, descriptive, and involves data through literature review, qualitative analysis, and deductive conclusion. Research findings, and discussion; Bank Permata in providing credit approval to debtors does not fully use the precautionary principle such as inaccuracies in 5C analysis, does not verify documents and field checks. In the decision at the appeal level, banking regulations such as Bank Indonesia Regulation number 14/27/PBI/2012 concerning the Application of Anti-Money Laundering and Prevention of Terrorism Funding Programs for Commercial Banks are not considered by the judge at the High Court. The conclusion is that Bank Permata did not carry out a thorough 5C analysis and also did not verify documents, physical checks at the debtor's business location, and trade checking procedures for PT. MJPL.]]>
