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<![CDATA[PEMENUHAN HAK KORBAN TINDAK PIDANA TERORISME BERDASARKAN UN BASIC PRINCIPLES AND GUIDELINES 2005 ]]>
<![CDATA[Zeruya Hosiana]]>;
<![CDATA[Andrey Sujatmoko]]>
<![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.v5i4.18352
<![CDATA[This study discusses the fulfillment of the rights of victims of terrorism criminal acts based on the UN Basic Principles and Guidelines 2005 regarding the case of KKB Papua against health workers on Kiwirok District, Papua in 2021. There are two main issues, they are whether victims of terrorism criminal acts have the right to obtain remedy based on the UN Basic Principles and Guidelines 2005, and how to implement the restoration of the rights of health workers as victims of terrorism criminal acts by KKB Papua in 2021 based on Law Number 31 of 2014 concerning Protection of Witnesses and Victims. The type of research used is normative with data processing carried out qualitatively in the form of descriptive analysis. The data source used is secondary data and conclusions are drawn deductively. Based on the results of the analysis, victims of criminal acts of terrorism have the right to receive remedy according to the UN Basic Principles and Guidelines 2005 based on Part III of the UN Basic Principles and Guidelines 2005. In practice, implementing the remedy of the rights of health workers as victims of criminal acts of terrorism by the Papua KKB in 2021 according to Law Number 31 of 2014 concerning Protection of Witnesses and Victims is not appropriate because the health workers and their families have not received compensation.]]>
<![CDATA[- FUNGSI ANGGARAN DEWAN PERWAKILAN RAKYAT DAERAH KOTA BEKASI SAAT CORONA VIRUS DEASEASE 2019 BERDASARKAN UNDANG-UNDANG PEMERINTAHAN DAERAH: - ]]>
<![CDATA[Raihan Rifat Rizqulloh]]>;
<![CDATA[Eko Primananda]]>
<![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.v5i4.18353
<![CDATA[The budgetary function carried out by the The Regional People's Representative Council (DPRD), according to Law Number 23 of 2014 concerning Local Governance, is implemented through joint discussions with the Local Government regarding the proposed Regional Revenue and Expenditure Budget submitted by the Mayor. The research problem is how the budgetary function of the DPRD in Bekasi City was conducted before and during the Covid-19 pandemic in accordance with Law No. 23 of 2014 on Local Governance. The research was conducted using a normative legal method, utilizing secondary data, and qualitatively analyzing with a deductive conclusion approach. The research findings, discussions, and conclusions reveal that during the Covid-19 pandemic, the formation of the Regional Budget (APBD) stipulated in Minister of Home Affairs Regulation Number 39 involved the Regional Head adjusting the APBD through changes in the Regional Head Regulation regarding the elaboration of APBD, which was then communicated to the DPRD leadership. Under normal circumstances, the stages of APBD formation involve initial discussions between the Local Government and DPRD, in accordance with the explanations in the Law on Local Governance]]>
<![CDATA[- LAHAN SAWAH DILINDUNGI DIKAITKAN DENGAN RENCANA TATA RUANG BERDASARKAN PERATURAN PRESIDEN NOMOR 59 TAHUN 2019 ]]>
<![CDATA[Diah NikenSari]]>;
<![CDATA[Meta Indah Budhianti]]>
<![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.v5i4.18366
<![CDATA[Changes in the conversion of paddy fields in Indonesia often turn into non-agricultural land such as residential development or are designated as strategic projects. This has a serious impact and threatens national food security which is no longer able to meet food needs as the population increases every year. The formulation of the problem is whether the Spatial Plan for Protected Paddy Fields is in Accordance with Presidential Regulation Number 59 of 2019. The research method is normative with the nature of analytical descriptive research using secondary data types and primary data qualitative data analysis, drawing conclusions using deductive logic. The research discussion, not all determination of Paddy Fields is Protected in accordance with the Spatial Plan, miscommunication related to land data that is not reported is a form of obstacle so that the efforts that can be made by the Ministry of ATR/BPN are to provide guidance to stakeholders. Can be concluded that the designation of protected paddy fields associated with spatial planning is still not in accordance with Presidential Regulation Number 59 of 2019 because there are still obstacles in determining LSD where the Central Government and Regional Governments have their own authority which limits the space]]>
<![CDATA[- UPAYA DEBITUR UNTUK MEMPEROLEH RISALAH LELANG EKSEKUSI HAK TANGGUNGAN: - ]]>
<![CDATA[Wieke Septiani Putri]]>;
<![CDATA[Sri Untari indah Artati]]>
<![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.v5i4.18367
<![CDATA[Agraria, in the narrow sense, pertains to land as the subject of mortgage rights. When a debtor defaults, the land is executed. However, the auction process conducted by PT BANK BNI without providing a notice of auction to the debtor who granted the mortgage rights, as regulated in PERMENKEU Number 213/PMK.06/2020, has become a subject of debate. This research is a normative legal study, employing descriptive analysis and utilizing secondary data. The data is qualitatively analyzed with deductive conclusions. The research findings indicate that the auction process that does not provide a notice of auction to the debtor is in accordance with the provisions of PERMENKEU Number 213/PMK.06/2020. However, the judge relies on a legal basis that is not appropriate, namely UUPK and POJK Number 1/POJK.07/2013, whereas it should be based on UUHT and PERMENKEU Number 213/PMK.06/2020. Debtors are no longer considered consumers of BANK BNI if the auction notice is issued by KPKNL. The efforts of the debtor regarding the auction of land rights are not in line with PERMENKEU Number 213/PMK.06/2020, as there is no provision stating that the owner of the property has the right to obtain a copy of the auction notice]]>
<![CDATA[- ANALISIS PUTUSAN NOMOR 85/PID/SUS/ 2022/PN.JAP TERHADAP PUTUSAN BEBAS TINDAK PIDANA NARKOTIKA : - ]]>
<![CDATA[Nanda Harwijaya Arsy]]>;
<![CDATA[Abdul Ficar Hadjar]]>
<![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.v5i4.18369
<![CDATA[In Decision Number 85/Pid.Sus/2022/PN.Jap, defendant Samuel Julian Yoku was acquitted by the Panel of Judges at the Jayapura Court. Despite the seizure of 61.84 grams of narcotics from the defendant, the defendant's actions actually violated Article 11 paragraph (1) in conjunction with Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, as there were no users involved. This research is of a normative juridical type and descriptive in nature, utilizing secondary data and qualitative analysis to draw deductive conclusions. The research discussion results reveal that the considerations of the Panel of Judges in granting acquittal to the accused should have taken into account the consequences of the defendant's deliberate purchase of narcotics. The conclusion of this study is that the judge's considerations did not adequately uphold the principle of legality, as the defendant, based on the trial's disclosed facts, possessed cannabis-type narcotics and was supported by witness testimonies presented during the trial.]]>
<![CDATA[- URGENSI REGULASI PENCEMARAN LINTAS BATAS NEGARA DARI AKTIVITAS RIG DI LEPAS PANTAI (STUDI KASUS MONTARA) : - ]]>
<![CDATA[Alissa Nur Zahrani]]>;
<![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.v5i4.18371
<![CDATA[Transboundary pollution is an environmental dispute that requires serious attention. International law does not specifically regulate state responsibility for transboundary pollution from rig activities. The problems raised by the author in this research are, what regulations can be made to fill the legal vacuum regarding transboundary pollution caused by rig activities and what compensation is provided by PTT Exploration and Production (PTTEP) Australasia for marine pollution due to oil spills in Timor Sea. This research uses a Normative Law research method that is analytical description, sourced from primary, secondary and tertiary data which is analyzed qualitatively so that the conclusions are deductive. Based on the research results, regulations that can be made to overcome cross-border pollution due to offshore rig activities can be in the form of international conventions and bilateral agreements between Indonesia and Australia. The compensation provided by Australia is not sufficient to cover the losses borne by the Indonesian people, thus Australia only fulfills its responsibilities based on the principle of Responsibility]]>
<![CDATA[- KEWENANGAN GUBERNUR DKI JAKARTA DALAM MENETAPKAN HARGA ECERAN TERTINGGI GAS BERSUBSIDI MENURUT PERATURAN GUBERNUR : - ]]>
<![CDATA[Raja Arviary Rezky Haryono]]>;
<![CDATA[Reni Dwi Purnomowati]]>
<![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.v5i4.18374
<![CDATA[Determination of Highest Retail Price LPG is important matter to highlight because it’s important for many people. HET in DKI Jakarta is based on the current Governor's Regulation that was made because the mandate from Minister of Energy and Mineral Resources regarding the Provision and Distribution of LPG. But in 2021 this Candy has changed and becomes a juridical problem for the validity and existence of Governor Regulation issued in 2015. This study is a normative juridical research that will be analyzed qualitatively. The conclusions chosen from a deductive logic point of view. The authority of the Governor of DKI Jakarta in Setting the HET for subsidized Gas in terms of laws and regulations from the Minister of Energy and Mineral Resources Number 28 of 2021 concerning Amendments to Minister of Energy and Mineral Resources Number 26 of 2009. Local governments are given authority to make regulations that shows the role of governor in deconcentration. implementation of Governor Regulation Number 4 of 2015 is running well and effectively. It’s hoped that consistency of local government to become a supervisor in implementing regulations regarding the HET for LPG gas is expected so there are no parties selling LPG gas above HET price]]>
<![CDATA[- PERAN OMBUDSMAN REPUBLIK INDONESIA DALAM MELAKSANAKAN PENGAWASAN TERHADAP PERALIHAN STATUS ANGGOTA KOMISI PEMBERANTASAN KORUPSI MENJADI PEGAWAI APARATUR SIPIL NEGARA ATAU PEMERINTAH : - ]]>
<![CDATA[Abel Sheva Xavier Istiadi]]>;
<![CDATA[Ninuk Wijiningsih]]>
<![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.v5i4.18375
<![CDATA[The Government of Indonesia seeks to establish a state institution that has authority to oversee delivery of public services. The Ombudsman is a public service institution formed at the initiation of Government through Presidential Decree No. 44 of 2000 concerning the National Ombudsman Commission to become forum for building public trust to create an honest, clean, open government and free from corruption, collusion and nepotism to create an effective and efficient government. The problem in this research relates to the transfer of status from KPK employees to ASN. It is suspected that there are maladministration activities in the process of transferring the status. Research method is normative juridical research with statutory approach that used qualitative descriptive analysis. The results of this study indicate that mechanism for issuing a recommendation letter is given to the Head of KPK and the Head of the State Civil Service Agency, the Ombudsman RI is in accordance with the procedures regulated by the rule of law, especially those listed in the Ombudsman RI Law. The Ombudsman basically cannot follow up on reports listed with Number 625 in 2021 which contains findings of maladministration from public services. Particularly on the fault of the public service]]>
<![CDATA[ANALISIS YURIDIS PERSEKONGKOLAN TENDER (STUDI PUTUSAN KPPU NOMOR 30/KPPU-I/2019) ]]>
<![CDATA[Tsaliza Soraya Majid]]>;
<![CDATA[N.G.N Renti Maharaini]]>
<![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.v5i4.18379
<![CDATA[This journal examines the extent to which the sanctions imposed by the KPPU in its Decision No. 30/KPPU-I/2019 are in line with Law No. 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition, as well as the Regulation of the Goods/Services Procurement Policy Institution No. 12 of 2021 amending Presidential Regulation No. 16 of 2018 on Government Goods and Services Procurement. It also explores whether businesses are allowed to use another company's identity in the tender process. Based on research conducted using the Competition Law, Article 22 Guidelines, and relevant regulations, collusion is identified both horizontally and vertically, so in this case PT Hapsari Nusantara Gemilang and PT Ikhlas Bangunan Sarana should be placed on a blacklist, and PT Cipta Aksara Perkasa should face administrative fines. Additionally, PT Alfa Adiel should receive sanctions for using another company's identity in the tender process, which undermines fair competition. It is recommended that businesses uphold good faith by adhering to existing regulations during the tender process]]>
<![CDATA[- PENGAKUAN ANAK LUAR KAWIN BERDASARKAN HUKUM PERKAWINAN YANG BERLAKU DI INDONESIA (Studi Putusan Nomor 119/Pdt.P/2022/PN.Njk) : - ]]>
<![CDATA[Mochammad Maldini Agustian]]>;
<![CDATA[Setyaningsih]]>
<![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.v5i4.18402
<![CDATA[Recognition of children out of wedlock is a difference in society related to the absence of regulation on the recognition of children out of wedlock according to the Marriage Law. Based on Article 43 paragraph (1) Law No. 1 of 1974, the fact is that in society there are still cases of recognition of illegitimate children, one of which is in the decision of the Nganjuk District Court on decision number 119/Pdt.P/2022/PN.Njk. The main problems in this study are (1) How is the recognition of children out of wedlock according to the marriage law in force in Indonesia? and (2) Is it in Court decision No. 119/Pdt.P/2022/PN.Njk. Regarding the recognition of children out of wedlock according to the rules of marriage law that apply in Indonesia? This study uses a normative type that is descriptive, uses secondary data obtained from literature studies, and the data is processed qualitatively by drawing deductive logical conclusions. The conclusion of this research is that the recognition of children out of wedlock must comply with the Constitutional Court decision Number 46/PUU-VIII/2010. The suggestion of this research is that the parties who are going to get married should be carried out in accordance with the laws and regulations that apply in Indonesia so that the marriage that takes place is declared valid in the eyes of the law so that the children born in the marriage have a clear position in the eyes of the law.]]>
