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INDONESIA
Reformasi Hukum Trisakti
Published by Universitas Trisakti
ISSN : -     EISSN : 2657182X     DOI : https://doi.org/10.25105/refor
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law International Law Labour Law Family Law Land Law Constitutional Law Criminal Law Etc
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 1,070 Documents
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- TINDAKAN MENGHAMBAT MASUK (BARRIER TO ENTRY) PELAKU USAHA DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA: - Raafid Haidar Herfian; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18403

Abstract

The act of inhibiting and/or blocking entry is contained in Article (17), (19), and (25) of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. Barrier to entry result in the difficulty for Business Actors to be participate in the market. The problem is how the qualifications of business actors' actions can be categorized as barriers to entry based on competition law and how the KPPU applies the element of barrier to entry in KPPU’s case. This research is a normative research that uses secondary data and is supported by interviews. The data is analyzed qualitatively and concluded by deductive method. The results of the research and analysis show that barriers to entry can occur due to the behavior of incumbent business actors and/or regulations that makes difficult for new players to enter. The forms of barrier to entry in KPPU decisions are the establishment of internal office memos containing requirements not to sell competitors' products, and setting high tariffs that burden competitors' production costs. Therefore, KPPU needs to clarify the term barrier to entry in its guidelines, and business actors should develop compliance guidelines to prevent violations of Law Number 5/1999
Indonesia Mohammad Rafli; Sri Untari Indah Artati
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18405

Abstract

Comparative law is the activity of comparing laws from various countries, the purpose of which is to contribute to the development of new laws and regulations or their amendments and find how similarities and differences in concepts, legal institutions that contribute, legal systems used. In Indonesia, land law is regulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, hereinafter referred to as UUPA, while in Russia land law is regulated in The Land Of Code Russia No. 136-FZ of 2001. The formulation of this research problem is how are the similarities and differences in the regulation of buying and selling land in Indonesia and Russia, the research method uses normative juridical type, the nature of descriptive research is sourced from secondary data, the research data is analyzed qualitatively and the conclusion is drawn using deductive. In addition, there are differences in the sale and purchase of land in Indonesia and Russia, namely the regulation of land sale and purchase, the meaning of land, the object of land sale and purchase, the transfer of rights from the seller to the buyer, the initial agreement, the parties authorized to make the agreement.
- TINJAUAN PERJANJIAN KREDIT BNI FLEKSI TANPA AGUNAN (ANALISIS KASUS PUTUSAN NOMOR 29/PDT.G.S/2020/PN BGL) : - Kalisha Athallah Dyaniputri; Dinda Keumala
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18420

Abstract

Banks in providing credit do not always run smoothly, and defaults often occur, such as Decision Number 29/Pdt.G.S/2020/PN Bgl, debtors do not carry out their achievements in accordance with Credit Agreement Number: 2018/FLEKSI/096. In this research, the issues raised regarding the procedures for granting BNI Fleksi credit based on the Banking Law and the actions taken by BNI Bank if the debtor defaults are related to Decision Number 29/Pdt.G.S/2020/PN Bgl. This research uses a normative research method based on secondary data supported by interviews, data collected through literature study and interviews, as well as analyzed qualitatively and conclusions drawn using a deductive method. The results of this research are the procedures for granting BNI Fleksi credit, namely submitting a credit application, credit analysis, carrying out credit approval, and transferring accounts by bringing documents for disbursement. The efforts made by BNI Bank if the debtor is in arrears in payment are to remind them via SMS and telephone. If it is still not paid, BNI Bank will ask the customer's salary from the company where he works. In this decision, Bank BNI has given a summons 3 (three) times to the debtor, so that Bank BNI took the litigation route by filing a civil lawsuit with case number 29/Pdt.G.S/2020/PN.Bgl.
PERBANDINGAN PENGATURAN KEDUDUKAN WARIS WARGANEGARA ASING DI INDONESIA DENGAN TURKI Agnes Odelia; Wahyuni Retnowulandari; Bahasa Indonesia
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18453

Abstract

In developing legal and policy reforms in Indonesia through comparing existing laws in Indonesia with existing laws in other countries. This research focuses on comparing the arrangements for the inheritance position of foreign in Indonesia and in Turkey, main problem are what are the similarities and differences in inheritance arrangements in Indonesia and in Turkey and what is the position of the heirs of foreign citizens in cases in Indonesia and in Turkey based on Civil Code and TMK and MÖHUK. This research method is normative in the form of legal comparisons to obtain similarities and differences in regulations, while the nature of the research is descriptive and conclusions are drawn deductively. The results of the research and discussion are that there are differences and similarities regarding inheritance law in Indonesia which is pluralistic and inheritance law in Turkey which is unification. The conclusion is that both of them do not see a difference regarding nationality between the heir and his heirs and in resolving the cases in Indonesia and Turkey, both give the same inheritance rights to the heirs of foreign with the same shares as the heirs of the heirs' national citizens
PEMIDANAAN TERHADAP GABUNGAN TINDAK PIDANA PENGANIAYAAN YANG MENYEBABKAN MATI DAN MENYEMBUNYIKAN KEMATIAN (STUDI KASUS PUTUSAN NOMOR 52/PID.B/2021/PN. MSH) Mychael Haris P Sidabutar; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18454

Abstract

Defendant's act of abusing the victim who did not heed the defendant's prohibition not to bathe at night, which made the defendant angry and abused the victim repeatedly, causing the victim to die and his body to be taken away. to the beach to be hidden as in Decision Number 52/Pid.B/PN. Msh. The formulation of the problem is whether the actions of the perpetrator of the crime of abuse and concealing the death of a person are in accordance with Article 338 in conjunction with Article 181 of the Criminal Code and what form the combination of criminal acts committed by the perpetrator takes. This research uses a descriptive normative type with secondary data obtained from literature study. The analysis used is qualitative by drawing deductive conclusions. The results of the research and discussion of the defendant's actions were inappropriate based on 338 of the Criminal Code in conjunction with 181 of the Criminal Code, because the perpetrator's actions did not directly result in the perpetrator's death.  The conclusion of this research is that the combined form of criminal acts committed by the perpetrator is a continuous act based on Article 64 paragraph (1) of the Criminal Code.
KELALAIAN PELAKSANAAN PUTUSAN ATAS TINDAK PIDANA KORUPSI (PUTUSAN MAHKAMAH AGUNG NOMOR. 321. K/PID.SUS/2019) Rizqi Maharani Ginting; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18455

Abstract

Supreme Court Decision Number 321 K/PID.SUS/2019 discusses acts against the law related to criminal acts of corruption. The problem in this research is why the forced detention measures were not applied in the corruption trial process referred to in the Supreme Court Decision Number 321 K/PID.SUS/2019 and what are the legal consequences of the corruption criminal justice process which does not apply detention to the defendant in the case. The research method used is normative law. The results of the research and discussion concluded that the forced detention of the accused was not carried out due to wrong legal considerations. In addition, there are no legal consequences from the corruption trial process without detaining the accused, because the decision to detain is in the hands of law enforcement officials who consider that detention is not necessary for the accused. Conclusion in research
PENYELENGGARAAN PERIZINAN BERUSAHA MENURUT PERATURAN DAERAH KOTA BOGOR NOMOR 1 TAHUN 2023 (STUDI KASUS RESTORAN MIE GACOAN) Muhammad Arkaansyah; Ferry Edwar
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18484

Abstract

There are businesses in Bogor City that violate Article 10 of the Bogor Municipal Regulation No. 1, 2021 and do not have a business license. Its location is Mie Gacoan, located on Jalan Yasmin West Bogor. Originally, this Gacoan Mie restaurant had only NIB (Business Identification Number), i.e. corporate identity or registration mark. The government makes policy to govern the procedural arrangements established in accordance with the activities of Gacoan Noodles Restaurant. The question is whether the actions of the local government will be legally justified if the Mie Gacoan restaurant violates regulations in the Bogor city area but is allowed to continue as long as the regulations remain unclear. The research method used is normative research, the nature of the study is descriptive, the data used are primary and secondary data, library research is used to collect data, data analysis is qualitative, the inferential method uses deductive methods. Preferably, regional regulations should include general principles of good governance, licensing requirements and compliance with product standards such as the Job Creation Act and provisions of regional regulations. It should be consistent at Freies Ermessen.
ANALISIS YURIDIS PUTUSAN NOMOR 787/PID.B/2021/PN STB TENTANG TINDAK PIDANA PENGANIAYAAN DENGAN DIRENCANAKAN LEBIH DAHULU Stefani Megawati; Dian Adriawan dg. Tawang
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18488

Abstract

The crime of premeditated maltreatment is the act of a person who prepares a plan to maltreat another person by taking a machete to slash the victim, causing the victim to feel pain and suffer injuries. in decision Number 787/Pid.B/2021/PN Stb. The main issues raised are 1.) How is the act of the perpetrator of the crime of maltreatment with premeditation decided based on Article 351 Paragraph (1) of the Criminal Code, study of decision number 787/Pid B/2021/PN Stb); and 2.) What are the reasons for the judge in giving a decision based on Article 351 Paragraph (1) of the Criminal Code on the crime of maltreatment with premeditation, study of decision number 787/Pid B/2021/PN Stb)? This research uses a descriptive analysis type of normative research, using secondary data obtained from literature studies which are processed qualitatively by drawing research conclusions, namely 1.) The act of the perpetrator of the crime of maltreatment with premeditation decided by Article 351 Paragraph (1) of the Criminal Code is not in accordance with the defendant who violated Article 353 Paragraph (1) of the Criminal Code of maltreatment with premeditation; 2.) The reason for the judge to decide by using Article 351 Paragraph (1) of the Criminal Code on premeditated maltreatment is wrong and not in accordance with the purpose of punishment because he was only sentenced to two years and six months imprisonment.
ISTILAH MENGUASAI TERHADAP UMKM DALAM HUBUNGAN KEMITRAAN DENGAN BENTUK INTI-PLASMA Intan Purwanti; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18499

Abstract

In the modern business landscape, large and small companies frequently form collaboration agreements with micro, small, and medium-sized enterprises (MSMEs), creating mutual benefits. This study investigates the interpretation of 'ownership' and/or 'control' of MSMEs as business partners in partnerships, examining the application of criteria in two KPPU decisions (Number 21/KPPU-K/2019 and Number 03/KPPU-K/2021). Using normative and descriptive research methods with primary and secondary data, the study finds that 'ownership' implies an unequal condition resulting in a loss for one party, while 'control' involves decision-taking. The decisions reveal instances of domination by large businesses over MSMEs, each with distinct criteria for control and/or ownership. The study recommends KPPU to formulate guidelines clarifying the terms 'owning' and/or 'controlling' concerning medium/large businesses towards MSMEs.
PUTUSAN HAKIM TERHADAP PEMBERHENTIAN APARATUR SIPIL NEGARA PENYANDANG DISABILITAS OLEH KEMENTRIAN KEUANGAN REPUBLIK INDONESIA. (NOMOR.22/G/2021/PT.TUN.JKT.) Arini Pertiwi; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18503

Abstract

The Civil Servants (ASN) consist of Civil Servants and Government Employees with Employment Agreements (PPPK) within government agencies. In Indonesia, people with disabilities can become ASN. The research problem in this study is whether the termination of ASN from the Ministry of Finance of the Republic of Indonesia is in accordance with Government Regulation Number 94 of 2021 regarding the Discipline of Civil Servants and whether the court's decision is in line with Government Regulation Number 94 of 2021 on the Discipline of Civil Servants. The method used is a normative juridical approach, referring to relevant laws and regulations. Data were obtained from primary and secondary legal sources, with deductive conclusions. The research results show that disciplinary penalties against ASN are in accordance with the applicable procedures, while the court's decision that granted the ASN's lawsuit is not in accordance with Government Regulation Number 94 of 2021

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