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<![CDATA[- sanksi pidana penyalagunaan narkotika golongan 1 bukan tanaman untuk diri sendiri studi putusan 731/pid.sus/2021/pn jkt selatan: - ]]>
<![CDATA[Muhammad Isa Nurwahyu]]>;
<![CDATA[I komang suka'arsana]]>
<![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.v5i3.16823
<![CDATA[Drug abuse is when someone uses drugs not for medicinal purposes, but that person only wants to enjoy the effects of the ingredients of these drugs. The problem is: what are the criminal sanctions for drug abuse for oneself (study of decision number 731/pid.sus/jkt south)? and whether the criminal sanction imposed by the judge is in accordance with the purpose of punishment in the Narcotics Law (study of decision number 731/pid.sus/jkt Selatan)? This research is normative, The results of the research and the conclusion, that the defendant Anggi Affani alias Acil was caught red-handed with evidence of methamphetamine weighing 0.1724 grams. And subject to punishment in Article 112 paragraph (1) of the law on narcotics. So according to the author's analysis of Article 127 paragraph (3) it is very appropriate to be given to Anggi Affani alias acil Article 127 paragraph (3), in the case of the abuser as referred to in paragraph (1) the abuser is required to undergo medical rehabilitation and social rehabilitation. It is proved that the defendant Anggi Affani alias Acil is a narcotics abuser. Based on the Supreme Court circular letter No. 04 of 2010 evidence of methamphetamine below 1 gram meets the rehabilitation requirements.]]>
<![CDATA[- PENCEMARAN LAUT KAPAL MV EVER JUDGER PANAMA DI BALIKPAPAN BERDASARKAN MARPOL CONVENTION : - ]]>
<![CDATA[Alvin Wibisono]]>;
<![CDATA[Ayu Nrangwesti]]>
<![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.v5i3.16835
<![CDATA[The 2018 oil spill in Balikpapan began with a miscommunication by the Panama-flagged ship MV Ever Judger to drop the anchor, but the length of the anchor that was lowered exceeded the instructions, causing the anchor to damage the oil pipeline leading to Pertamina's oil processor. Damage to the pipeline caused an explosion, which killed several people. According to Indonesian law and court decisions, the ship, which is also the perpetrator, faces criminal charges for environmental pollution. The problem in this thesis is determining how to resolve the case of the ship MV Ever Judger, which caused an oil leak in Balikpapan based on the MARPOL Convention, and what the ship's captain is responsible for. The research method used is normative juridical, analytical descriptive, and deductive in nature. Thestudy's result, discussion andconclusion is the perpetrators were convicted under Indonesian legal jurisdiction and proven to have violated the MARPOL Convention. The perpetrators were punished under Indonesian criminal law in accordance with the MARPOL Convention, which states that violators must be punished in accordance with the laws of the country where the pollution occurred.]]>
<![CDATA[- Tinjauan Pidana Kesusilaan Dimuka Umum Yang Dilakukan Oleh Militer (Put. No. 110-k/PMT-K/BDG/AD/XI/2019) (Studi Putusan No.26/Pid.Sus/2021/PN Kph): - ]]>
<![CDATA[Azhari Halin Hutapea]]>;
<![CDATA[Aprima Suar]]>
<![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.v5i3.16836
<![CDATA[The military personnel of the TNI are subject to the law. Regarding the exercise of judicial authority, a military court must be used for the trial. In this instance, using military justice to construct of the personnel. The military personnel of the TNI is breaking the law. Problem statement: What is the penalty for military personnel who violate public decency laws? And why did the judge impose further military criminal sanctions on personnel who commit crimes against decency in public? Analytical descriptive in character, normative legal studies is the study methodology used. The study's findings, analysis, and conclusion, which pertain to Article 281 of the prosecutor's indictment against those who committed the crime of decency In this case, the prosecution is only seeking a sentence of seven months in prison since the defendant planned to receive that sentence, and the author believes that the Auditor made mistakes during the prosecution. The maximum prison term is 2 years and 8 months due to the requirement in Article 281, Paragraph 1 of the Criminal Code, and this decision is also in conformity with the provisions in STK Panglima TNI No. 198 of 2005 connected to decency.]]>
<![CDATA[PROGRAM LUMBUNG PANGAN (FOOD ESTATE) DI HUTAN INDONESIA MENURUT PARIS AGREEMENT ]]>
<![CDATA[Anfasa Isyam Derawan]]>;
<![CDATA[Arlina Permanasari]]>
<![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.v5i3.16939
<![CDATA[The Food and Agriculture Organization (FAO) thinks there will be a national food security crisis due to the Covid-19 pandemic. The Food Estate Program (FEP) is Indonesia's answer to this problem. The FEP uses vast forest lands and this will threaten Indonesia's contribution to climate change. Such programs can lead to deforestation. Indonesia's contribution in this regard is in two sectors, namely adaptation and mitigation. In the mitigation sector, forests are the main weapon in curbing climate change. Indonesia can violate the Paris Agreement where Indonesia has ratified the international agreement. The problem in this article is whether the forest utilization program as a Food Estate is in accordance with the NDC in the Paris Agreement? The method used in this article is a normative and descriptive legal research method, using secondary data and secondary legal materials, as well as using library research in collecting data. The results of the research, discussion and conclusions from this article are that the forest utilization program as a Food Estate is not in accordance with the NDC as stipulated in the Paris Agreement because it will have an impact on not fulfilling Indonesia's obligations to make a positive contribution to climate change.]]>
<![CDATA[Problematika Sertipikat Hak Atas Tanah Yang Hilang Dalam Proses Jual Beli Tanah ]]>
<![CDATA[Namira Muna Salsabila]]>;
<![CDATA[Dinda Keumala]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17045
<![CDATA[The sale and purchase of land transaction can only be registered if made in front of a PPAT because the essential registration is based on the AJB made by the PPAT. The problem formulation focuses on the lost process of buying and selling land, which relies on the certification of land rights owned by the seller and how PPAT solving the obstacles and solutions. The research method is descriptive normative with secondary data and primary data in the form of interviews. The data was analyzed in a qualitative way and with deductive conclusions. The results show that the PPAT processes the production or issuance of a replacement certificate and transfers the name of the replacement certificate or registration of rights due to sale and purchase at the Land Office. However, obstacles encountered include the buyer's inability to produce the lost land certificate, the seller's whereabouts needing to be discovered, not knowing the certificate number, and the lengthy process of issuing a replacement certificate. The solution involves the PPAT requesting the Land Office to re-measure the land parcel, advising the buyer to file a lawsuit with the District Court, and directing the buyer to transfer the certificate's name immediately]]>
<![CDATA[- ANALISIS YURIDIS TERHADAP PUBLIKASI PUTUSAN PENGADILAN ANAK YANG TIDAK MENGIKUTI PEDOMAN SURAT KEPUTUSAN KETUA MAHKAMAH AGUNG NOMOR 1-144/KMA/SK/I/2011 (STUDI PUTUSAN PENGADILAN NEGERI SERANG NOMOR 18/PID.SUS-ANAK/2021/PN.SRG). ]]>
<![CDATA[Geovanni Ikram]]>;
<![CDATA[Setiyono]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17054
<![CDATA[Two 17-year-old children with the initials MRM and 16-year-old with the initials FAS proved legally and convincingly to have raped a 12-year-old girl with the initials SH. Juvenile offenders were arrested and tried in the Children's Court with the Decision of PN Serang Number 18/Pid.Sus-Anak/2021/PN Srg. The problems of this research are, whether the publication of the decision of the Serang District Court Number 18/Pid.Sus-Child/2021 is appropriate, and what is legal consequences for the publication of the decision of the Serang District Court number 18/Pid.Sus-Child/2021/Srg. The results of the research are that the decisions of the Serang District Court in cases of child and immoral crimes that are published without the disguise of identity as the guidelines in the Provision Letter Number 1-144/KMA/SK/I/2011106 are the ineffectiveness of the court apparatus that overshadows and decisions without obscuring the identity of the stated in the Decree of the Chief Justice of the Supreme Court Number 1-144/SK/KMA/2011 does not cancel the judge's decision, but will later become the responsibility of the Court Administrative Supervisory Board. Conclusion: decrees are recognized and have permanent legal force in General Courts, State Administrative Courts, Military Courts, and Religious Courts as stipulated in the Laws Forming Regulations. Recommendation:]]>
<![CDATA[- Tinjauan terhadap penyelesaian perselisihan oleh para pihak pada pengadilan hubungan industrial pekanbaru : - ]]>
<![CDATA[Muhammad Andika Rizqi]]>;
<![CDATA[Yoga Pamungkas]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17221
<![CDATA[In the settlement of industrial relations conflict disputes, Law Number 2 of 2004 regarding the Industrial Relations Court requires that a non-litigation settlement is an obligation that needs to be fulfilled first by the parties to the dispute. One of them is Bipartite Negotiation which is a formal requirement in resolving Industrial Relations Disputes conflicts. There are times when the process that the litigants go through is not in accordance with the applicable laws and regulations, such as the settlement process that the parties go through in decision Number: 40/Pdt.Sus-PHI/2020/PN Pbr. So the main problem is whether the procedure for resolving industrial relations conflicts between Sucipto Pardede and PT. Artha Prima Finance in the decision of the Industrial Relations Court is in accordance with the regulations of Law Number 2 of 2004 concerning Industrial Relations Disputes and Laws in the field of employment? And what are the legal consequences for the parties after the issuance of decision Number: 40/Pdt.Sus-PHI/2020/PN Pbr? To answer this problem, a normative juridical study was carried out on decision number 40/Pdt.Sus-PHI/2020/PN Pbr and with a descriptive nature]]>
<![CDATA[MASUKNYA 34 WARGA NEGARA ASING ASAL CHINA DITINJAU DARI PERMENKUMHAM NOMOR 27 TAHUN 2021 ]]>
<![CDATA[Erry Daffa Ramadhan]]>;
<![CDATA[Tri Sulistyowati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17222
<![CDATA[The Government of the Republic of Indonesia implemented the PPKM policy to limit Foreign Citizens to suppress the spread of COVID-19. In August 2021, 34 people originating from China entered Indonesian territory. The problem of this research is how did 34 foreign nationals from China violate PPKM restrictions against the provisions of PermenKumHam No. 27 of 2021 and what are the efforts made by the government in resolving the case of the entry of the 34 foreign nationals from China. This research is a juridical research that is analytical descriptive. Secondary data is data that is used with qualitative and deductive analysis as a method to draw a conclusion. The conclusion of this study is that the entry of 34 people originating from China entering Indonesian territory via Soekarno-Hatta International Airport does not violate the provisions in the Regulation of the Minister of Law and Human Rights Number 27 of 2021 which provides an exception for holders of Limited Stay Permits (ITAS). Completion efforts made by the government are to provide quarantine for 8 days and must show a complete vaccine dose certificate]]>
<![CDATA[SANKSI PIDANA TERHADAP IBU KANDUNG YANG MENGAKIBATKAN MATINYA ANAK (STUDI PUTUSAN NOMOR 47.PID.SUS/2021/ PN.JKT.PST) ]]>
<![CDATA[Kharisma Nabila Sapeva]]>;
<![CDATA[Maria Silvya E. Wangga]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17223
<![CDATA[This research is about criminal sanctions imposed on biological mothers who act violently against their children by hitting them, resulting in the child's death. By reviewing decision No.47/Pid.Sus/PN.JKT.PST, the formulation of the research problem is whether the judge considers the punishment of the biological mother based on Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 in Decision no. 47/Pid.Sus/2020/Pn.Jkt is in accordance with the theory of the purpose of punishment. This research is of a normative juridical type which is descriptive in nature, through the use of secondary data with qualitative processing and drawing conclusions deductively. The results of his research showed that the judge did not consider the formulation of norms in Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 concerning child protection, namely the punishment increased by 1/3 so that the prison sentence for the perpetrator becomes 20 years. The conclusion from this research is that considering the sanctions that the judge imposed for the punishment of the biological mother in Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 does not match the theory of the purpose of punishment based on contemporary theory]]>
<![CDATA[- PENGAMANAN ZONA EKONOMI EKSKLUSIF INDONESIA OLEH BADAN KEAMANAN LAUT: - ]]>
<![CDATA[Muhammad Michael Kahfi]]>;
<![CDATA[Anto Ismu Budianto]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17228
<![CDATA[The implementation of law enforcement in Indonesian waters is carried out to maintain Indonesia's territorial integrity as well as safeguard and protect Indonesia's national interests at sea. The authority of the BAKAMLA agency over the Indonesian Exclusive Economic Zone (ZEEI), among other things, is carried out through arrests of foreign fishing vessels. The problem formulation in this article is how to implement BAKAMLA's authority in the Indonesian EEZ. Then, the type of research used in writing this article is normative law, descriptive in nature, the data used is secondary data and primary data analyzed qualitatively, and the method of drawing conclusions uses deductive logic. The results of the research and discussion are related to the BAKAMLA EEZ carrying out security and safety patrols in Indonesian waters and Indonesian jurisdictional areas. The authority in BAKAMLA is carried out in synergy between related agencies in an integrated manner, integrated into one unit of command. The conclusion of this research is that the implementation of BAKAMLA's authority is realized through hot pursuit, stopping, inspecting, arresting, taking and handing over the ship to the relevant authorized agency for further legal proceedings]]>
