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KAJIAN YURIDIS PENANGKAPAN lKAN MENGGUNAKAN BAHAN PELEDAK (STUDI KASUS NELAYAN DI MUARA ANGKE JAKARTA UTARA)
Aulia Atasya Hidayat;
Dyah setyorini
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti
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DOI: 10.25105/refor.v5i4.17240
Catching fish with fishing gear that uses materials or chemicals in marine waters is a practice that can have a negative impact on the safety of marine ecosystems. Additionally, it can lead to damage to coral reefs in Indonesian marine waters. The research is conducted in a normative manner on the fundamental legislative regulations. Furthermore, direct interviews are conducted with fishermen in North Jakarta's Muara Angke. Data processing is carried out qualitatively, and conclusions are drawn using deductive methods. The problem in this research is: What are the policies regarding fishing gear in the Fisheries Law and its implementing regulations, and what are the reasons behind fishing activities carried out by fishermen using explosives (a case study of fishermen in North Jakarta's Muara Angke)? The act of catching fish with explosives falls under the definition of illegal fishing because it contradicts the laws of a country or international regulations. The reason behind fishing with explosives is economic factors because the price of explosives is relatively cheap and easy to find
PERBUATAN PENCEMARAN NAMA BAIK MELALUI MEDIA/SARANA ELEKTRONIK (PUTUSAN NOMOR 104/PID/2020/PT BNA)
Jeremy Pradana Marpaung;
Dian Adriawan Tawang
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti
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DOI: 10.25105/refor.v5i4.17319
Defamation is an act of tarnishing one's reputation through spoken or written statements. The problem addressed is how the defendant's act of defamation through electronic media/means is dealt with in the decision number 104/PID/2020/PT BNA, and whether the verdict in decision number 104/PID/2020/PT BNA aligns with the elements of Article 27, paragraph (3) of the ITE Law (Information and Electronic Transactions Law). In providing answers to the problem, a normative juridical research method is employed using secondary data. The research findings are analyzed qualitatively. The results of the research and discussion indicate that Saiful Mahdi's act of defamation does not conform to Article 27, paragraph (3) of Law No. 11 of 2008 concerning Information and Electronic Transactions. Based on the analysis of the core issue, the judge should have applied Article 310, paragraph (2) of the Indonesian Criminal Code (KUHP), which deals with attacking someone's honor or reputation in writing. The conclusion drawn from this research is that Saiful Mahdi's act of defamation should have been judged under Article 310, paragraph (3) of the KUHP, as he wrote the statement in question with the aim of defending the public interest to prevent misunderstandings at the Faculty of Engineering, Unsyiah
VERIFIKASI DATA PARTAI POLITIK PESERTA PEMILU PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 55/PUU-XVIII/2020
Frendi Sabil;
Reni Dwi Purnomowati
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti
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DOI: 10.25105/refor.v5i4.17320
The Constitution of the State is the foundation or basis for the establishment of a State. However, in practice, the fulfillment of election activities has several processes, one of which is party data verification which is used as a prerequisite for political parties to participate in the implementation of elections. The problem is whether the Elimination of Factual Data Verification of Political Parties Parliamentary Threesholds in KPU regulation No. 6 of 2018 is in accordance with Election Law No. 7 of 2017. This research method is normative. The nature of this research is analytical descriptive. The method of drawing conclusions is deductive logic. With qualitative data processing. The results of this research and discussion refer to the Election Law Number 7 of 2017 to discuss this research. The conclusion of the research is KPU Regulation Number 6 of 2018 regarding verification.
TINJAUAN PTSL KOTA BATAM MENURUT MENTERI AGRARIA DAN TATA RUANG NOMOR 6 TAHUN 2018
Novaldo Adam;
Endang Suparsetyani
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti
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DOI: 10.25105/refor.v5i4.17369
Land registration is an important element to develop a land registration system within the scope of simultaneous registration for all villages and sub-districts. Main questions are whether the implementation of complete systematic land registration program in Batam has been carried out as stipulated in the Regulation of the Minister of Agrarian and Spatial Planning/Head of BPN No. 6 of 2018, how is the implementation of the complete systematic land registration regulation policy in Batam and how is Batam Government's effort to reduce the difficulty of realizing the complete systematic land registration program. Theseresearch wield normative juridical method with analytical descriptive type. The results of the research on the implementation of complete systematic land registration program in Batam are implemented through 13 stages, same as the program policy in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 6 of 2018. PTSL certificates are issued systematically, or by requiring the owner of the result user to pay both the annual mandatory fee and the Implementation Fee. Conclusion, the solutions are community counseling, collaboration with local government, getting rid of old villages, BPHTB payment rules, and cooperation with stakeholders including the Batam government.
PENGELOLAAN LIMBAH MEDIS RUMAH SAKIT DARURAT WISMA ATLET DALAM PENANGANAN COVID-19 BERDASARKAN HUKUM LINGKUNGAN INTERNASIONAL
Aulina Nadhira Mirranti;
Anto Ismu Budianto
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti
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DOI: 10.25105/refor.v5i4.17380
Environmental threats due to medical waste management problems have increased due to the Corona Virus Disease 19 (Covid-19) pandemic. Indonesia has experienced an increase in medical waste due to the Covid-19 pandemic, so that medical waste management at the Wisma Atlet Emergency Hospital needs more attention. The problem in this study, namely whether the medical waste management rules at the Wisma Atlet Emergency Hospital (RSDC) in handling COVID-19 are in accordance with the rules of International Environmental Law along with Indonesian Environmental Law and whether the management of COVID-19 medical waste at the Wisma Atlet Emergency Hospital is in accordance with the rules of Indonesian Environmental Law. The type of research used is normative juridical, data processing is done qualitatively, and deductive conclusions are drawn. Based on the analysis conducted, the rules for managing COVID-19 medical waste at Wisma Atlet Emergency Hospital are in accordance with International Environmental Law made by WHO and UNEP and Indonesian Environmental Law made by the Ministry of Environment and the Ministry of Health, including the SOP of Wisma Atlet Emergency Hospital regarding medical waste management. The practice of medical waste management at Wisma Atlet RSDC is also in accordance with Indonesian Environmental Law.
PERLINDUNGAN INVESTOR DALAM PENGHAPUSAN SAHAM PADA LAYANAN URUN DANA BERBASIS TEKNOLOGI INFORMASI
Febrian Duta Adhiyaksa;
Sharda Abrianti
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti
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DOI: 10.25105/refor.v5i4.18161
Currently, Financial Technology is very developed, one of the forms of Financial Technology that exists is Equity Crowdfunding, which is a new option for investing. The term Equity Crowdfunding has now changed to Securities Crowdfunding (SCF). In SCF, listed shares can also be delisted. The formulation of the problem in this paper is how investor protection by the issuer of the delisting of PT Mitra Kelola Abadi shares in the implementation of Information Technology-Based Crowdfunding services. The analysis in this research uses qualitative research with a normative approach, collecting data sourced from secondary data consisting of primary and secondary legal materials and concluded by deductive method. The results of the conclusion that has been conducted reveal deficiencies in the aspects of legal protection for investors related to the risk of delisting shares. There are violations identified in the share buyback process, where the violation violates the provisions in Article 38 of the Limited Liability Company Law, because it does not involve decisions obtained from the General Meeting of Shareholders. It is expected that there will be specific regulations governing the delisting process in the SCF.
A Juridical Analysis of Evidence on the Crime of Maltreatment Resulting in Death (Study of Decision Number 35/Pid.B/2018/PN Sbr)
Sendi Ramadhan Mustofa;
Gandes Candra Kirana
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti
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DOI: 10.25105/refor.v5i4.18347
Evidence in the Criminal Procedure Rules is very essential when checking criminal cases in court. The issue raised is whether the evidence in checking criminal acts of abuse which resulted in death is based on the case in the District Court Decision Number 35/Pid.B/2018/PN Sbr which was applied by the public prosecutor appropriately based on the Criminal Procedure Rules Book and whether the action the public prosecutor's failure to provide evidence to the court has legal consequences. This type of research uses normative juridical methods of analytical descriptive nature. The results of the research, discussion and conclusions are seen from the trial in accordance with court decision Number 35/Pid.B/2018/PN Sbr. The Public Prosecutor stated that one of the other witnesses who were related by blood or marriage was mistaken, because it was possible that the statement submitted was not objective. The decision of the District Court in the absence of evidence in the decision Number 35/Pid.B/2018/PN Sbr was a Careless actions are caused by the suspect being acquitted by the prosecutor because the evidence supporting the accusation against the suspect is not strong enough
- PELANGGARAN SYARAT ADMINISTRASI DALAM PROSES PENGGANTIAN ANTAR WAKTU (PAW) DEWAN PERWAKILAN RAKYAT DAERAH KOTA TANJUNG BALAI
Muhamad Azriel Hafidz;
Ferry Edwar
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti
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DOI: 10.25105/refor.v5i4.18349
The Tanjung Balai City Police made negligence in issuing a Police Record Certificate which led to MM being appointed as a member of the Tanjung Balai City Legislatif, because the SKCK itself is an administrative requirement while MM is a drug dealer. The main problem is what is the violation of administrative requirements in the Inter-Time Reimbursement process, MM , according to statutory regulations. This study uses a normative method, which is equipped with the results of interviews. The research results show that MM was proven to have violated the administrative requirements stipulated in Law Number 7 of 2017 concerning General Elections Article 240 paragraph (1) letter h jo General Election Commission Regulation Number 20 of 2018 Concerning the Nomination of Members of the People's Legislative Assembly, Provincial Regional People's Representative Council, and Regional Council Regency/City Regional People's Representative Representatives Article 7 paragraph (1) letter i is proven by decision number 773/Pid.Sus/2021/PN Mdn
-: PERBANDINGAN PERATURAN PERUNDANG-UNDANGAN PERCERAIAN DAN AKIBATNYA TERHADAP HAK ASUH ANAK ANTARA INDONESIA DAN TURKI
Andrian Triwahyudi;
Natasya Yunita Sugiastuti
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti
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DOI: 10.25105/refor.v5i4.18350
Bubarnya perkawinan akibat perceraian mempengaruhi status hukum dan menimbulkan akibat hukum. Salah satu akibat hukum yang timbul dari perceraian adalah hak asuh terhadap anak. (1) Bagaimana persamaan dan perbedaan pengaturan tentang alasan perceraian dan akibatnya terhadap hak asuh anak di Indonesia dengan Turki? (2) Bagaimana persamaan dan perbedaan ketentuan perceraian dan penyelesaian kasus tentang perceraian dengan alasan perzinahan dalam Putusan Nomor XXX/Pdt.G/2021/PN/Bjw berdasarkan Undang-Undang Perkawinan Indonesia dan putusan Hukuk Dairesi 2021/3939 E., 2021/5197 K. berdasarkan Türk Medeni Kanunu Turkish Family Law of Cyprus tahun 1951? Penelitian hukum normatif ini sifatnya deskriptif, dilakukan melalui metode perbandingan hukum. Menggunakan data sekunder, dianalisis secara kualitatif, disimpulkan dengan metoda deduktif. Hasil penelitian: putusnya perkawinan karena perceraian menurut hukum Indonesia dan Turki sama-sama harus melalui pengadilan; ada kesamaan alasan perceraian, yaitu perzinahan, penganiayaan, kejahatan dan tidak adanya harapan rukun kembali. Ada perbedaan tenggang waktu untuk alasan perceraian karena meninggalkan pihak lain. Ke dua negara sama-sama menetapkan hak asuh anak setelah perceraian ke dua negara berada pada ayah dan ibu, dan ayah berkewajiban memberikan nafkah bagi isteri. Dengan perbedaan, di Turki kewajiban memberikan tunjangan kepada istri didasarkan pertimbangan setelah perceraian, maka istri akan menjadi lebih miskin
PEMAKNAAN ISTILAH TINDAKAN BERSAMA (CONCERTED ACTION) DALAM PERJANJIAN PENETAPAN HARGA (STUDI PUTUSAN KPPU NOMOR 04/KPPU-I/2016 DAN NOMOR 15/KPPU-I/2019)
Monica Alina Yolanda;
Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti
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DOI: 10.25105/refor.v5i4.18351
There is no explicit explanation of the term concerted action in Law Number 5 of 1999, but this term is often used by the KPPU to uncover cases of cartels and price fixing. Therefore, it is necessary to raise the issue of how to interpret the term concerted action in price fixing agreements according to Article 5 of Law Number 5 of 1999 and its implementing regulations; and how the KPPU applies the concerted action qualifications in Decision Number 04/KPPU-I/2016 and Number 15/KPPU-I/2019. The study uses a normative method, which is equipped with the result of interviews. The results of research show that the meaning of concerted action in the form of a meeting of minds from business actors is realized in verbal agreements which are followed up with actions aimed at gaining profit. The application of concerted action in KPPU decisions is to contain four (4) elements which include the meeting of mind, a verbal agreement followed by concerted action and changes in market conditions which cause price increases. The KPPU should complete the guidelines by explicitly stating joint actions, and business actors should prepare compliance guidelines as a means of preventing violations of Law Number 5 of 1999