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<![CDATA[PERTIMBANGAN HAKIM DALAM TINDAK PIDANA PENGANIAYAAN DIRENCANAKAN YANG MENGAKIBATKAN LUKA BERAT ]]>
<![CDATA[Muhammad Fadhiil Yashendra]]>;
<![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.v5i3.16501
<![CDATA[In case number 94/Pid.B/2021/PN. Prn, the defendant severely abused the victim by swinging a machete and striking her in the neck once and in the back twice. As a result, the witness Rabadi was injured and bleeding, and the victim was unable to perform any tasks. The formulation of the issue is how the judge weighs various factors when rendering a decision regarding those who commit the crime of persecution intended by Article 351 paragraph (2) of the Criminal Code (Decision No. 94/Pid.B/2021/PN Prn) and whether the perpetrator's actions are in compliance with that provision. The research methodology makes use of secondary data, normative research designs, and analytical descriptive research. According to the findings of the study and discussion, the defendant was established to have committed significant abuse, which was supported by the witness's statement and intention as well as the Visum Et Repertum letter. The defendant planned her acts, as there was a deadline and he had to prepare everything. Conclusion: The defendant's actions satisfied Article 351 paragraph (2) of the Criminal Code, but they were improper in relation to that fulfillment because Article 353 paragraph (2): Criminal Code included a planning element, specifically serious maltreatment with a plan.]]>
<![CDATA[- TINJAUAN YURIDIS PENERAPAN PRESENSI ONLINE PADA MASA PANDEMI COVID-19 DENGAN PEMBERLAKUAN SE-15/BC/2020 DI LINGKUNGAN KANTOR PUSAT DIREKTORAT JENDERAL BEA DAN CUKAI KEMENTERIAN KEUANGAN: - ]]>
<![CDATA[Guzthaviany Valmaira Nasya]]>;
<![CDATA[Purnomowati, Reni Dwi]]>
<![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.v5i2.16503
<![CDATA[Since the tools are manual and can transmit between people when used simultaneously with fingerprint trackers, online presence is a mechanism that is used to stop the Covid-19 virus from spreading. Formulation of the issue; how to use online presence in the Directorate General of Customs and Excise, Ministry of Finance, in accordance with the hierarchy of laws and regulations during the COVID-19 pandemic; and arrangements for enforcing sanctions if they violate the rules regarding working hours for civil servants in the Directorate General of Customs and Excise, Ministry of Finance. This article is normative juridical method is the research methodology. The main data source consists of the outcomes of interviews The results of the research were analyzed qualitatively and conclusions used deductive logic. Research results and discussion as well as conclusions; first, the online attendance of the Director General of Customs and Excise was held based on SE-15/BC/2020 which is in accordance with the Minister of Finance Regulation Number 221/PMK.01/2021 where there is an obligation for civil servants to comply with civil servant discipline regulated in the Government Regulation on Civil Servant Discipline which is a follow-up rule from the State Civil Apparatus Law.]]>
<![CDATA[DUGAAN INSIDER TRADING OLEH PERUSAHAAN JOUSKA FINANSIAL INDONESIA BERDASARKAN HUKUM PASAR MODAL ]]>
<![CDATA[Novika Andriani]]>;
<![CDATA[Dian Purnamasari]]>
<![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.v5i2.16520
<![CDATA[The capital market forbids the practice of insider trading. The management of investment funds by PT Jouska Financial Indonesia resulted in a loss for the client in this instance. Allegations of insider trading by the directors of PT Jouska Financial Indonesia were the cause of the customer's loss. The issue is whether the PT Jouska Financial Indonesia directors' acts can be characterized as insider trading. The study methodology is normative and is supported by primary data collected through interviews and secondary data. In this study, interviews and literature reviews were used to obtain data. Qualitative data analysis was used, and deductive reasoning was used to get results. According to the letter of employment between PT Jouska Financial Indonesia and the customer, it is stated that the company can manage its customer's funds through investment into the capital market with the existence of an RDI opening clause. Furthermore, based on the derivation of Article 95 UUPM, the existence of insider trading can be seen from the relationship between Aakar Abyasa Fidzuno, as the main director and the issuer, the existence of material insider information which can be seen in the agreement between Aakar and the issuer on March 20 2019 and the existence of securities trading transactions in PT Jouska Financial Indonesia's customer portfolio.]]>
<![CDATA[PENERAPAN SISTEM PEWARISAN PATRILINEAL MASYARAKAT ADAT BATAK TOBA (PUTUSAN NOMOR 3494 K/PDT/2016) ]]>
<![CDATA[Maria Raissa Sofia Rantan]]>;
<![CDATA[Adiasih, Ning]]>
<![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.v5i2.16548
<![CDATA[The Patrilineal Kinship System, the inheritance system chosen by the Toba Batak people, places men in a greater position than women, particularly as heirs because men pass down the clan to their kids. The issue is how the judge evaluates the Toba Batak customary community's inheritance dispute in Decision Number 3494 K/Pdt/2016 and whether the resolution of the Toba Batak customary community's inheritance dispute in Decision Number 3494 K/Pdt/2016 is consistent with the patrilineal inheritance principle that has been applied to the Toba Batak community. The study utilizing deductive reasoning, qualitative analysis of secondary material and normative legal research approaches. The outcomes of the research, discussion and conclusion of this study are the judge's considerations in Decision Number 3494 K/Pdt/2016 considering letter evidence and witness statements, it is proven that if the disputed land was obtained by the biological mother of the Cassation Respondent who was previously purchased from the Nagari so that those who are entitled to inherit are the Cassation Respondent and the Toba Batak customary inheritance dispute settlement in Decision Number 3494 K/Pdt/2016 is not in accordance with the principle of patrilineal inheritance that has been in effect for the Toba Batak people.]]>
<![CDATA[- Perbandingan Melampirkan Video Unboxing Klaim Ganti Kerugian Di Indonesia Dan Korea Selatan: - ]]>
<![CDATA[Klaura Dwi Kinasih]]>;
<![CDATA[Dian Purnamasari]]>
<![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.v5i3.16756
<![CDATA[In Indonesia, many of consumers receive goods not in accordance with what was promised. This is the basis for submitting compensation claims in Indonesian marketplace, there is an obligation to attach video unboxing. Unlike South Korea, the marketplace does not require an unboxing video to be attached for compensation claims. The problem raise is how the difference is in the implementation of the need for video unboxing for compensation claims submitted by consumers in Indonesia and South Korea. The research method is carried out normatively, using secondary data supplemented by interview results. The results of this research, discussion and conclusion show that consumers in Indonesia have an obligation to attach video unboxing for compensation claims, in contrast to consumers in South Korea who have no obligation to attach video unboxing for compensation claims.]]>
<![CDATA[- KEWENANGAN BADAN PENGAWAS PEMILIHAN UMUM DAERAH KABUPATEN TASlKMALAYA DALAM MEMUTUSKAN PELANGGARAN PEMlLlHAN KEPALA DAERAH DI KABUPATEN TASlKMALAYA: - ]]>
<![CDATA[Yoga Adam Pratama]]>;
<![CDATA[Wijiningsih, Ninuk]]>
<![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.v5i3.16757
<![CDATA[Starting with a report Dr. Iwan Saputra, S.E., M.Sc., candidate for Regent of Tasikmalaya Regency, submitted to the Tasikmalaya Regency Bawaslu regarding alleged administrative violations of Article 71 paragraph (3) of Law No. 10 Year 2016, which were allegedly committed by H. Ade Sugianto as the candidate for the incumbent Regent. The Tasikmalaya Regency Bawaslu reviewed the report and issued The issue at hand is whether the Tasikmalaya Regency Bawaslu Number 046/K.Bawaslu.JB-18/PM.00.02/XII/2020 recommendation letter complies with Law Number 10 of 2016 or not. Does Tasikmalaya Regency KPU Decision Number 531/PY.02.1-BA/3206/KAB/I/2021 follow the advice of the Tasikmalaya Regency Bawaslu? The deductive technique is used to draw conclusions in the normative juridical research method, which is a descriptive-analytical approach. The findings of the study and discussion demonstrate that the Tasikmalaya Regency Bawaslu Number 046/K.Bawaslu.JB-18/PM.00.02/XII/2020 recommendation letter violated authority in terms of time (onbevoegdheid ratione temporis), which is contrary to Article 5 of Law Number 1 of 2015. The recommendations made by Bawaslu are not in compliance with processes (formal faults) for handling election administration infractions, therefore the Tasikmalaya Regency KPU letter Number 531/PY.02.1-BA/3206/KAB/I/2021 conforms with legal requirements.]]>
<![CDATA[- TINDAK PIDANA MENYEBARKAN BERITA BOHONG MERUGIKAN KONSUMEN DALAM TRANSAKSI ELEKTRONIK SECARA BERSAMA-SAMA: - ]]>
<![CDATA[Muhammad Daffa Zacky Parnanda]]>;
<![CDATA[Vience 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.v5i3.16758
<![CDATA[By setting up fake virtual accounts using a BCA account in the name of Michael Lisardo, the defendant allowed Sunandar to send fictitious bills to consumers where the defendant worked on behalf of Michael Lisardo and Sunandar, who were fired from an online lending company. The funds are then utilised for individual advantage. The issue's description is as follows: Does the defendant's behavior fall within the parameters of Article 28 Paragraph (1) and Article 45 Paragraph (2) of Law No. 19 of 2016, which amended Law No. 11 of 2008, and how those who commit TP crimes spread false and misleading information during electronic transactions at the expense of all consumers? Two types of data are used in the research method: primary and secondary employing inductive reasoning and qualitative methods. The findings of the investigation and discussions revealed that the defendant's activities did not comport with the judgment that had been rendered against him. The study's findings suggest that since the punishment that was imposed not proper for the defendant's conduct, investigators should exercise greater caution when determining the defendant's punishments. This will help establish the principle of legal certainty and allow the defendant to pursue legal remedies.]]>
<![CDATA[PERLINDUNGAN HUKUM HAK PATEN ALAT STERILISASI UNTUK PENGOLAHAN TANDAN-TANDAN KELAPA SAWIT ]]>
<![CDATA[Maulana Rizki Nov]]>;
<![CDATA[Bustani, Simona]]>
<![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.v5i3.16789
<![CDATA[The patent holder is the party who gets the exclusive right and the person who gets the exclusive right from the inventor. In the case between FWT and PT. SKL and PT. PKBR in the FWT case owned a patent for a palm oil sterilization tool, but PT.SKL and PT.PKBR used the patent without permission, in Court Decision 46/Pdt.Sus-Paten/2020/PNNiagaJkt.Pst. the judge rejected the exception of PT. SKL and PT. PKBR and in the main case rejected FWT's lawsuit against the lawsuit filed. Formulation of the problem: how is the legal protection for the patent holder of the invention? This article is a normative legal research, descriptive, using secondary data, qualitative data analysis, deductive conclusion. The results of the research, discussion and conclusion are that the judge's decision is not in accordance with the time of the incident, that the judge's decision declaring the plaintiff's convention lawsuit rejected does not provide a sense of legal protection for the plaintiff. So that the legal protection of patents for sterilizers for processing oil palm bunches and similar fruits in court decisions does not reflect the mandate of Law 13/2016.]]>
<![CDATA[A PERBANDINGAN HUKUM TENTANG MAHKAMAH KONSTITUSI INDONESIA DENGAN MAHKAMAH KONSTITUSI BELGIA ]]>
<![CDATA[Haryokusumo Nugroho Putro]]>;
<![CDATA[Ferry Edwar]]>
<![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.v5i3.16817
<![CDATA[The concept of testing norms through a judicial institution is known as a judicial review. The doctrine of Judicial review differs from country to country. The development of judicial review in Belgium has almost the same as in Indonesia. The problem is what are the differences and similarities Judicial review by the Constitutional Court of the Indonesia and Constitutional Arbitrage in Belgium? What are the advantages/disadvantages of Judicial review by the Constitutional Court of the Republic of Indonesia and Constitutional Arbitrage in Belgium? The results of the study show that the application of judicial review by the Constitutional Court in Indonesia and in Belgium has similarities as well as differences. The advantages and disadvantages between the Judicial review by the Constitutional Court of the Republic of Indonesia and Constitutional Arbitrage in Belgium, can be used as material for evaluating the judicial review system in the Republic of Indonesia in order to create a better legal system and provide benefits to society. Discussion and conclusion that the Similarities and Differences of judicial review in Indonesia and Belgium are institutions authorized to carry out judicial reviews; Authority examines Government actions; Submission of judicial review. The advantage of judicial review is that there is no interference from other parties such as the Court, the Government or the People's Representative Council. Lack of judicial review, there are two judicial institutions that have the authority to handle judicial.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP KAPAL TANKER FREYA BERDASARKAN KONVENSI HUKUM LAUT 1982 ]]>
<![CDATA[Dhimas Prima Thufeil]]>;
<![CDATA[Anto Ismu Budianto]]>
<![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.v5i3.16822
<![CDATA[Foreign ships have the right of innocent passage and the right of transit passage through the territorial waters of an archipelagic state. This is regulated in the 1982 Law of the Sea Convention. The foreign tanker MT Freya, entered the Indonesian EEZ, traded oil illegally and polluted the environment. The formulation of the problem in this thesis is whether the entry of MT Freya into Indonesia's EEZ in Batam waters is contrary to the 1982 Sea Law Convention and how to proceed with the law against foreign ships that do not comply with the 1982 Sea Law Convention. The research method used is normative legal research, data collection through literature studies, qualitative data analysis using deductive methods and secondary data collection. The results of the research, discussion, and conclusions are: the MT Freya tanker has violated the 1982 Law of the Sea Convention concerning innocent passage rights, transit passage rights, and also regarding dumping.]]>
