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<![CDATA[TINDAK PIDANA DENGAN SENGAJA DAN DIRENCANAKAN LEBIH DAHULU MENGHILANGKAN NYAWA ORANG LAIN ]]>
<![CDATA[Muhammad Ilhamsyah Putra]]>;
<![CDATA[Vientje Ratna Multiwijaya]]>
<![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.v5i3.16432
<![CDATA[Humica Tambunan, the defendant, and Muhammad Iqbal, the victim, committed the premeditated murder offense. After becoming enraged with the victim for using his money, the defendant hit him in the back of the head with a piece of wood from his chamber. The victim was then crushed in the face by a mattress till he died. The issue is whether the defendant's intentional and premeditated killing of another person satisfies the requirements of Article 338 of the Criminal Code, and whether or not a 9-year prison sentence was properly imposed by the judge in light of this conviction. The normative research approach is descriptive, gathering evidence through literature analysis, and analyzing qualitatively by coming to deductive conclusions. Research findings and discussion; with the element of premeditation, a term of imprisonment for 20 years under Article 340 of the Criminal Code is more suitable because it was done on purpose and with advance planning. Conclusion of the study; 20-year prison sentence for the offender in violation of Article 340 of the Criminal Code.]]>
<![CDATA[- USAHA KESEJAHTERAAN ANAK JALANAN SELAMA PANDEMI COVID-19 OLEH SAHABAT ANAK GROGOL: - ]]>
<![CDATA[Siti Dzilla Rahmadya]]>;
<![CDATA[Hj. Wahyuni Retnowulandari]]>
<![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.v5i3.16433
<![CDATA[The very high number of street children at present, which are spread across the five municipalities of the Special Capital Region of Jakarta, brings these children into the various risks they face. In this research, it focuses on child welfare efforts for street children during the Covid-19 pandemic by having two problem formulations, namely (1) Is the welfare business organized by Sahabat Anak Grogol in fulfilling the welfare of street children in accordance with relevant laws and regulations, (2) What facilities and services are provided by Sahabat Anak Grogol during the Covid-19 Pandemic so that the welfare of street children continues to be fulfilled. This research method uses normative law supported by data with empirical data and the nature of the research used in this research is descriptive-analytical and conclusions are drawn by deductive method. The conclusions obtained in this study are the fact that the role of street children's parents is one of the important things or factors that need to be considered in the success of welfare efforts carried out for street children, besides that there is still a lack of involvement of the Regional Government in helping fulfill welfare efforts organized by the community for street children.]]>
<![CDATA[KEWENANGAN DPRD KOTA BEKASI MELAKSANAKAN FUNGSI PENGAWASAN TERHADAP PENGELOLAAN APBD KOTA BEKASI ]]>
<![CDATA[Bimo Aryo Alvi Syahrin]]>;
<![CDATA[Wiratno, Wiratno]]>
<![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.v5i3.16458
<![CDATA[The DPRD's ability to manage and balance administrative authority is reflected in three functions: legislation, budgeting and supervision, as stipulated in Law Number 23 of 2014 concerning Regional Government. The problem is whether the implementation of the authority of the Bekasi City DPRD in carrying out the supervisory function of the management of the APBD in Bekasi City for 2020-2021 is in accordance with Law No. 23 of 2014 and what are the obstacles faced by the Bekasi City DPRD in carrying out the supervisory function of APBD management and DPRD efforts to overcome these obstacles. The research uses normative methods. The nature of this research is descriptive analytical, qualitative way. The results of this research and discussion refer to Law Number 23 of 2014 concerning Regional Government by describing the supervisory function of the Bekasi City DPRD on APBD management. Based on interviews and government agency performance reports, the DPRD has carried out a supervisory function in accordance with article 154 of law number 23 of 2014 concerning Regional Government. The conclusion of the study is that the Bekasi City DPRD still has to improve its performance by continuing to update the program in carrying out the oversight function.]]>
<![CDATA[SENGKETA WARIS TERHADAP HARTA PENINGGALAN ALMH. JENNY THE (STUDI KASUS PUTUSAN NOMOR 410/PDT.G/2020/PN MND) ]]>
<![CDATA[Fara Dinda Fasya]]>;
<![CDATA[Suparsetyani , Endang]]>
<![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.v5i2.16463
<![CDATA[According to the Civil Code, the death of a person will open up inheritance for his heirs. The formulation of the problem raised in the journal is how to distribute the assets of the deceased. Jenny The to his heirs according to the Civil Code and the contents of Ruling numbers 2 and 3 regarding the determination of the heirs of the deceased. Jenny The in Manado District Court decision No. 410/Pdt.G/2020/PN.MND is appropriate or not according to the Civil Code. In order to be able to answer this the research method uses a normative juridical type, the nature of the research used is analytical descriptive, the data used is secondary data, data analysis is done qualitatively, and conclusions are drawn using deductive logic methods. The results of the research and discussion of this journal are related to the death of the late Almh. Jenny The, who opened up the occurrence of inheritance to his heirs and caused disputes between them. The conclusion is that Krusteddy gets 1/3 of the share, because Krusteddy has died then his share will be replaced by Melissa and Christian who each get 1/6 of the share, then Rudy Lo gets 1/3 of the share, and Agustina gets 1/3 of the share as well as the contents of the rulings number 2 and 3 regarding the determination of the heirs of the deceased. Jenny The in Manado District Court decision No. 410/Pdt.G/2020/PN.MND according to the Civil Code.]]>
<![CDATA[- Analisis Itsbat Nikah Terhadap Perkawinan Kedua Yang Masih Dalam Masa Iddah Berdasarkan Hukum Keluarga Islam Indonesia : - ]]>
<![CDATA[Dewi Maharani]]>;
<![CDATA[Bakri, Khairani]]>
<![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.v5i3.16481
<![CDATA[Itsbat marriage is the legalization of marriage which is carried out in series and submitted to the local religious court. Marriage which was originally only legal before religion became legal before the law by filing itsbat marriage. Formulation of the problem 1. Can itsbat marriage be filed for a second marriage that is still in its infancy Iddah based on Indonesian Islamic Family Law? 2. Is the decision of the Religious Court Number 176/Pdt.P/2022/PA.TNG in accordance with Indonesian Islamic Family Law? This writing was done using normative methods and the nature of descriptive research. The type of data used is secondary data through library research. Data management is carried out in a qualitative way. Drawing conclusions is done in a deductive way. Conclusion that itsbat marriage cannot be filed for a second marriage that is still in its term Iddah because he violated the provisions of Indonesian Islamic Family Law, especially Article 11 of Law Number 1 of 1974 concerning Marriage in conjunction with Article 39 paragraph (1) letter (b) of Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 Jo 153 paragraph (2) letter (b) Compilation of Islamic Law. The decision of the Tangerang Religious Court Number 176/Pdt.P/2022/PA.TNG is not in accordance with Indonesian Islamic Family Law.]]>
<![CDATA[- PENGGUNAAN PASAL 351 AYAT (1) KUHP TERHADAP PERBUATAN PENGANIAYAAN MENGAKIBATKAN LUKA BERAT DI KEPAHIANG, BENGKULU: - ]]>
<![CDATA[Candra Aries Priyendi]]>;
<![CDATA[Setiyono]]>
<![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.v5i3.16482
<![CDATA[At the Kepahiang District Court with Decision Number 46/Pid.B/2022/PN Kph, the trial for the criminal act of persecution resulted in serious injury. In the trial process, there was an inaccuracy in the application of the article. So the formulation of the problem in this research is whether the act of persecution which resulted in serious injury committed by the defendant is in accordance with Article 351 (1) of the Criminal Code (KUHP) against and whether the criminal sanction given by the panel of judges in Decision No. 46/Pid.B/2022/PN Kph is in accordance with the purpose of sentencing. The research is a normative legal manner, descriptive, use secondary data. Then then the data processing used is qualitative and drawing conclusions using deductive logic. The results of this research, discussion and conclusion are of course that in essence the act of persecution was an act of error, in which this act violated the norms of law and norms of society, so that the use of Article 351 (1) of the KUHP for acts of persecution which resulted in serious injuries committed by Agustian was not in accordance . Law enforcement officials must also be more careful in terms of imposing penalties.]]>
<![CDATA[- Perbandingan Penerapan Predatory Pricing Menurut Hukum Persaingan Usaha Indonesia dan Amerika Serikat: - ]]>
<![CDATA[Farhandi Himawan]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![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.v5i3.16483
<![CDATA[Entrepreneurs engage in the practice of "selling and loss" in order to eliminate their rivals. Each nation has its own laws governing the proscription of selling at a loss. The formulation of the issue is the parallels and discrepancies between Indonesian and American laws governing sales and losses, business competition, and the application of the ban on predatory pricing based on KPPU-P Decision No. 03/KPPU-L/2020 and Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. Legal normative approach opposed to legal comparison between Indonesian and American law. utilizing secondary qualitative data and inference. The findings of the study and discussion show that it is governed in Indonesia by Article 20 of Law No. 5/1999, while In the United States, agreements including predatory pricing are prohibited by Section 2 of the Sherman Act and Section 2(a) of the Clayton Antitrust Act. In terms of the business competition authorities in Indonesia and the United States, KPPU, DOJ, and FTC are autonomous Indonesian organizations. Only one authority in Indonesia, namely KPPU, is in charge of business competition matters, although DOJ and FTC are present in the United States. In conclusion, Indonesia and the United States are required to take into account economic theories.]]>
<![CDATA[- Tindak Pidana Kekerasan Dalam Lingkungan Rumah Tangga yang Tidak Menyebabkan Penyakit: - ]]>
<![CDATA[Anselmus Jefri Aldonny Pasaribu]]>;
<![CDATA[Ermania Widjajanti]]>
<![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.v5i3.16485
<![CDATA[The Batu Sangkar District Court's ruling. In violation of Article 44 Paragraph (4) of Law Number 23 of 2004, the defendant, Dandi Arisman, who is the victim's husband, assaulted the victim by kicking the body of the motorbike she was riding. Despite the victim's minor injuries, she continued to perform his job at the time. The question put up is whether it is appropriate to apply Law No. 23 of 2004's Article 44 paragraph (1) to those who commit crimes. (Decision No. 113/Pid.Sus/2021/PN BSK) and what is the judge's sanction for those who use physical force in domestic situations? The research technique makes use of normative descriptive analytical research with secondary data. The findings of the government's investigation and discussion led to the publication of Law No. 23 of 2004 as a regulation. When the defendant's conduct were compliant with Article 44, paragraph 4, of Law No. 23 of 2004, and they resulted in serious injury to the victim as well as the victim's inability to perform her job as a result of those injuries, this rule has permanent legal force. The judge's judgment is not in line with the UUPKRT, which leads to misunderstandings, according to the conclusion.]]>
<![CDATA[- AKTA JUAL BELI YANG DIBUAT OLEH PPATS BERKAITAN DENGAN PROSES PENDAFTARAN TANAH (STUDI KASUS PPATS KECAMATAN BATUJAYA KABUPATEN KARAWANG): - ]]>
<![CDATA[Astrid Utari Kemala]]>;
<![CDATA[Metty Soletri]]>
<![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.v5i3.16486
<![CDATA[According to the mandate of the UUPA, which is mentioned in Article 19 paragraph (1) of Law No. 5/1960 Jo. and Article 3 letter an of PP 24/1997, the goal of land registration is to ensure legal certainty. In this instance, the role of PPAT is one of the institutions that promotes the attainment of the objective of land registration. But in practice, many continue to employ PPATS services in place of PPAT. Problem statement: Does the PPATS play the same role with PPAT ? How about the legal status of sales purchase deed made by PPATS to land certified. A normative-juridical research methodology was used, with the nature of qualitative research, literature study and the primary data is interviewed. Data analysis is done by qualitative methods with use interview data result. The conclusion is carried out by the deductive method. The research results, discussion and conclusion that act of transfer land rights need land registration to obtain legal certainty. Legal consequences if land obtained through buying and selling but not immediately registered is not meeting the clear legality. The transfer of land rights carried out by PPATS is not continued until the process of tittle transfer document.]]>
<![CDATA[ANALISIS YURIDIS PENANGKAPAN IKAN OLEH KAPAL ASING YANG MENANGKAP IKAN DI INDONESIA ]]>
<![CDATA[Abdullah Rafi]]>;
<![CDATA[Endang Pandamdari]]>
<![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.v5i3.16500
<![CDATA[The main motivation behind this study is the great majority of foreign-flagged ships operating fishing operations in Indonesian seas without SIPI. The issue is how the Ministry of Maritime Affairs and Fisheries is authorized to enforce SIPI for foreign-flagged vessels conducting fishing operations in Indonesian waters, as well as how the Ministry is authorized to enforce SIPI for foreign-flagged vessels lacking SIPI, according to Court Decision No. 10/Pid.Sus/2018/Pn Tpg. The Ministry of Maritime Affairs and Fisheries will issue SIPI directives to the Director General of Fisheries for foreign-flagged vessels fishing in Indonesian seas. In this work, normative research methods, qualitative secondary data, and the Ministry of Maritime's authority were used. The finding is that the defendant lacks a license to engage in fishing activities in Indonesian waters and that the Minister entrusted to the Director General of Fisheries the authority to issue SIPI and amend Law No. 31 of 2004 concerning Fisheries.]]>
