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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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UPAYA HUKUM TERHADAP ILLEGAL FISHING KAPAL PENANGKAP IKAN VIETNAM DI ZEEI Amandha Budhy Adhywidya; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16272

Abstract

Indonesia is a coastal nation with a 3,000,000 km2 EEZ that is rich in both biological and non-biological resources. Vietnamese fisherman are among those who engage in illegal fishing within the EEZ, or more specifically within the North Natuna Sea. How do fishing zones in Indonesia's Exclusive Economic Zone (EEZ) get regulated by the government, and what legal measures is the Indonesian government taking to deal with Vietnamese fishing vessels engaging in unlawful fishing in the North Natuna Sea? The research uses deductive in character, descriptive in nature, uses secondary data sources, qualitative data analysis, and is based on library research. The study's findings showed that starting in May 2021 to February 2022 as many as 75 Vietnamese fishing vessels carried out illegal fishing in the North Natuna Sea. The discussion in this study describes efforts to settle the EEZ boundary between Indonesia and Vietnam in the North Natuna Sea region based on Indonesian national law and UNCLOS. The conclusion in this study is that the Government of Indonesia is obliged to hasten the completion of the EEZ boundary between Indonesia and Vietnam based on the applicable provisions and equip the Indonesian navy with advanced technology and/or more adequate weapons.
PEMERIKSAAN KASUS PIDANA PEMBUNUHAN BERENCANA YANG TIDAK DIDAMPINGI PENASEHAT HUKUM TINGKAT PENYIDIKAN Shela; Fickar Hadjar, Abdul
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16273

Abstract

The Criminal Procedure Code (KJUHAP) contains an obligation if a suspect or defendant commits a crime which carries a threat of 5 years, the official at the examination must appoint a legal adviser, but in Decision Number 929/Pid.B/2021/PN.MKS there is still investigators who do not carry out the provisions of the obligation regarding the appointment of legal advisers. The formulation of the problem in this study is the legal consequence of examining a defendant who committed the crime of premeditated murder who was not accompanied by a legal adviser at the investigative level and whether the judge's consideration of not being accompanied was in accordance with Article 56 paragraph (1) of the Criminal Procedure Code. This research is normative juridical using secondary and primary data, qualitative data analysis and deductive conclusions. The results of the research and discussion show that the investigators did not carry out their obligations by presenting legal counsel for the Defendant and the judge's considerations were inconsistent with Article 56 paragraph (1) and the judge did not see any jurisprudence related to the absence of legal counsel for the Defendant.
- Alasan Poligami Dan Persyaratan Izin Poligami Menurut Hukum Keluarga Islam Indonesia : - Amanda Odelia; Khairani Bakri
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16274

Abstract

Polygamy is a marital principle in which a man has 2 or more wives. Because marriage law in Indonesia adheres to the principle of monogamy, polygamy can be implemented if the polygamy requirements are met in Article 5 of the Marriage Law. The subject matter studied, what is the reason for polygamy according to Indonesian Family Law? The research method used in this writing is normative, the nature of the research is descriptive, the data used are secondary data by means of literature studies, qualitative data analysis, and deductive conclusions Article 4 Paragraph (2) of the Jo. Marriage Law Article 41 Letter a PP No. 9 of 1975 concerning the Implementation of the Jo. Marriage Law Article 57 of the Compilation of Islamic Law regulates the reasons for polygamy allowed in Indonesia. The rules regarding polygamy permit requirements are contained in Article 5 of the Jo. Marriage Law Article 55 and Article 58 of the Compilation of Islamic Law.  The conclusion of this study is that the reasons for polygamy and the conditions for polygamy permits are two things that must be met, in terms of applying for polygamy permits in accordance with existing laws and regulations. Verdict No. 5174/Pdt.G/2021/Pa.JT meets the requirements of polygamy permits. However, the judge did not consider the reasons for polygamy contained in Article 4 Paragraph 2 of the Marriage Law.
- Perlindungan Konsumen atas Pemberlakuan Penggunaan Ulang Nomor Pelanggan menurut Undang-Undang Perlindungan Konsumen: - Helmy Rajendra Inzaghi; Pringgodani Sanusi, Heru
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16275

Abstract

Reusing Customer Numbers is a topic that is quite hotly discussed by the public. The public considers that reusing customer numbers is detrimental to consumers, especially if the old cell phone number user has a track record that is not good in using the number. The formulation of the problem is how is the government's policy in enforcing the reuse of customer numbers and how do consumers get their rights restored for losses suffered as a result of reusing customer numbers according to UUPK. This article is a normative research, descriptive in nature, and uses secondary and primary data as research supporting data, using qualitative analysis which also draws deductive conclusions. The results: the government in its policy and authority as a regulator issued the Minister of Communication and Informatics Regulation Number 14 of 2018 concerning the Basic National Telecommunications Technical Plan. Based on the discussion, this regulation has binding legal force because it is in accordance with the statutory hierarchy, the author also finds that in enforcing the re-use of customer's own numbers, there is no resolution of complaints related to the use of own cellular numbers. Conclusion: consumers' rights to comfort and safety have not been fulfilled.
- ASPEK HUKUM PEMBAGIAN WARIS ALM. SAMIR MENURUT HUKUM WARIS ISLAM INDONESIA Ni Made Ananda Puteri Maharani; Bakri, Khairani
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16276

Abstract

The transfer of property from the right of the heir to the heir is known as inheritance. When inheritance is divided, it causes issues in society. Problem statement: Whether or not Ruling No. 519/Pdt. G/2019/PA.TR complies with Indonesian Islamic Inheritance Law with regard to the legal features of Alm. Samir bin Haji Sain's inheritance distribution under Indonesian Islamic Law. The research method used normative research to examine the fundamentals of Islamic inheritance law. Descriptive research methodology is used. Secondary data sources are consulted in this study. The findings of this investigation and discussion relate to legal facets of inheritance distribution for the deceased. Samir Bin Haji Sain includes the following in accordance with Indonesian Islamic Inheritance Law: Samir Bin Haji Sain includes the share of siblings, more than one wife and the obligatory will and the suitability of Decision Number 519/Pdt. G/2019/PA.TR with Indonesian Islamic Inheritance Law, including determining siblings to inherit, determining the share of 2 wives and children out of wedlock. The conclusion of this article: the legal aspects involved in this case: the part of the brother, the obligatory will, the share of more than one wife. Decision no 519/Pdt. G/2019/PA.TR judges are not in accordance with Indonesian Islamic inheritance law, which originates from the Al-Qur'an, Hadith and Presidential Instruction (Inpres) Number 1 of 1991 concerning Compilation of Islamic Law.
PENGATURAN DAN PRINSIP TANGGUNG JAWAB PENGANGKUT TERHADAP KORBAN KECELAKAAN PESAWAT UDARA: Rayhan Fadhillah; Bakti Yunari, Sri
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16278

Abstract

As an airline, Sriwijaya Air is obligated to provide the security, safety, and comfort of travelers. The aircraft being used during flying operations must be in a flyable state. near this sense, on January 9, 2021, a Sriwijaya Air airliner crashed near the Thousand Islands, killing all 62 aboard the aircraft - passengers and crew combined. Problem statement: Based on Law No. 1 of 2009 Concerning Aviation, what are the fundamentals of carrier duty for passengers in private air transport law, and how is carrier responsibility for victims in the Sriwijaya Air plane accident in the Thousand Islands regulated? descriptive normative research design employing both primary and secondary data, analyzed qualitatively and deductive methods for drawing conclusions. The results of the research and discussion show that the regulations that can be applied are Article 141 paragraph (1) of Law no. 1 concerning Aviation explains that the carrier must be responsible for losses suffered by passengers on board and/or getting on and off the aircraft and the principle of carrier responsibility that is applied is the principle of presumption of liability. Conclusion The carrier must pay for losses suffered by passengers, namely Rp. 1,250,000,000
- TANGGUNG JAWAB PELAKU USAHA ATAS PRODUK PANGAN TIDAK LAYAK JUAL : - Anggi Suci Winarti; Dian Purnamasari
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16402

Abstract

Many people who work in the food industry exchange items like expired foods that are unfit for sale. the formulation of the issue surrounding the potential sanctions for the sale of expired food items at Hj. Asni's Assorted Spice Shop and the enforcement of a ruling in the case by the panel of judges at both the initial and appellate levels. Secondary and primary data are mentioned as a complement to the normative research-based research methodology. The research is descriptive in nature and uses the deductive approach to generate findings. The findings of the study and debate, namely the action of putting out-of-date food from the box onto the shelf, by a former employee of Hj. Asni, although Hj. Asni has given directions so that the product is suitable and has an expiry date separated, so in conclusion, Hj. Asni is still being held accountable for the negligence in monitoring the expired food products under his supervision (product liability) as well as the consideration of the Panel of Judges at the Jayapura District Court in the case of Hj. Asni in Decision Number 77/Pid.Sus/2017/PN.Jap is appropriate where the provisions of Article 8 paragraph (3) UUPK are cumulative and all elements must be proven, while the cassation decision granting the cassation request is only to fulfill a sense of justice and provide legal certainty considering this act is a repeated act.
- PERTANGGUNGJAWABAN PELAKSANA TUGAS DIREKSI ATAS PERJANJIAN BISNIS REFERRAL ASURANSI : - Ilma Zhafirah Albar; Arif Wicaksana
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16411

Abstract

There could still be a vacancy on the Board of Directors while it fulfills its obligations and functions. The Acting Director (Plt.) of the Board of Directors is the member of the Board of Directors who fills in for absent Board members. All decisions made by the members of the Board of Directors he replaces may be made by the Acting Board of Directors. How to assess the agreements between the Plt. Board of Directors in a Limited Liability Company in UUPT and the Plt. Board of Directors on the liabilities of PT AJTM is how the issue is formulated. Normative research, which is descriptive and analytical and is based on secondary data, is the research methodology. It is qualitative analysis. namely real behavior and conclusions are drawn deductively. The results of the research and discussion illustrate that Plt. The Board of Directors is only implicitly regulated in the Company Law because their role is basically the same as the Board of Directors. Responsibility for the legal relationship that has existed between PT AJTM and third parties cannot be suspended to members of the board of directors individually, because the cooperation agreement made by a legal entity is carried out on behalf of the Company itself as a legal entity, not on behalf of individuals. In this case it can be concluded that a third party can sue PT AJTM for their rights if they have not been fulfilled.
Perlindungan Gajah Sumatera di Aceh Berdasarkan Convention on Biological Diversity (CBD) 1992 Crisdayanti Sutanto; Amalia Zuhra
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16423

Abstract

An animal bearing the designation of endangered species is the Sumatran elephant. These creatures' extinction is being brought on by the alteration of their environment for human usage. The formulation of the research's problem is whether or not the opening of land for oil palm plantations harms the habitat of Sumatran elephants in Aceh and what steps should be taken to protect them there in accordance with the Convention on Biological Diversity (CBD 1992). The government has implemented a variety of policies and oversees them with the help of the local community and other stakeholders
RANGKAP JABATAN KOMISARIS BANK MANDIRI BERDASARKAN UNDANG-UNDANG BADAN USAHA MILIK NEGARA Dine Qieftiah; Wicaksana, Arif
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16428

Abstract

Concurrent positions in BUMN are still a problem, as in the appointment of the Head of the Financial and Development Supervisory Agency (BPKP) as Commissioner of PT. Bank Mandiri (Persero) Tbk. (hereinafter PT. BM). The problem is the appointment of the Head of BPKP as the Board of Commissioners at PT. The BM will cause a conflict of interest in terms of Law No. 19 of 2003 concerning BUMN and what are the legal consequences of concurrent positions on the Board of Commissioners at PT. BM and the Head of BPKP. The research is normative legal research, descriptive, analysed qualitatively, conclusions using deductive logic. The results of research are BPKP conducts audits of BUMN as a whole including PT. BM for this reason, the discussion is about the concurrent position of Muhammad Yusuf Ateh as Commissioner of PT. BM. as well as the Head of the BPKP has the cause a conflict of interest and the legal consequence is his term of office as Commissioner of PT. BM must stop or be deemed to have ended. The conclusion is that the concurrent position creates a conflict of interest and must be terminated or deemed to have ended.

Page 65 of 107 | Total Record : 1070

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