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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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- STUDI KOMPARASI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL(PERSELISIHAN HAK) MENURUT SISTEM HUKUM INDONESIA DAN KOREA SELATAN: - Nina Stevany Malipolla; 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.v5i4.18504

Abstract

Work contracts that are not in accordance with labour laws, discriminatory status and industrial relations, substandard wage rates and wage systems, and the non-fulfillment of other normative rights are examples of labour rights violations. Furthermore, this research is normative research that is descriptive in nature, with secondary data whose data sources are primary, secondary, and tertiary legal materials, qualitatively analyzed data collection through literature studies, and deductively derived conclusions. The problem statement in this research is how the similarities and differences between the rights conflicts in Indonesia and South Korea And how its advantages and disadvantages. The Labour Inspection Service is responsible for enforcing labor regulations that guarantee the fulfilment of labour rights and taking stern action against companies/employers who violate these regulations. As a result, labor rights violations continue to occur despite the Labour Inspection Service's efforts. Indonesia has permanent legal force where disputes can be resolved through litigation or non-litigation, and has deficiencies in terms of the type of settlement, whereas South Korea has more detailed legal force, but its weakness is that few cases of labour disputes are brought to court without going through the Labour Relations Commission (LRC).
ANALISIS YURIDIS HADHANAH AYAH MENURUT HUKUM KELUARGA ISLAM (STUDI KASUS PUTUSAN PENGADILAN AGAMA MOJOKERTO NOMOR 833/ Pdt.G/ 2021/ PA. Mr). Sherien Defrinanda; Setyaningsih
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.v5i4.18535

Abstract

For minor children, the mother is legally entitled to custody. The author focuses on the conditions for a father to be entitled to Hadhanah privileges. The formulation of the problem in this research is whether a father is entitled to hadhanah if the father prevents a child who is not yet mumayyiz from his biological mother according to Indonesian Islamic Family Law and whether the decision of the religious court number 833/Pdt.G/2021/PA. Mr. is in accordance with Islamic family law. The research method was carried out using a normative juridical type with a descriptive analytical approach. Primary, secondary and tertiary legal sources were questioned to obtain secondary data. Qualitative investigation and the application of deductive reasoning are components of the literature analysis process. Based on the results of research and discussion, children under the age of 12 have the right to their mother in accordance with the Hadhanah rules as outlined in Article 105 of the Compilation of Islamic Law (KHI). The child must be raised by the mother because the mother is not crazy and is capable and does not behave badly. In conclusion, the judge actually gave Hadhanah rights to the father rather than the mother.
PERLINDUNGAN HAK CIPTA TERHADAP NFT "GHOZALI EVERYDAY" DI INDONESIA: Muhammad Syaroni Putra; Aline Gratika Nugrahani
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.v5i4.18541

Abstract

The development of technology and science has provided significant changes in human life. The problems in this research are: (1) can NFT be a means to protect the copyrighted work "Ghozali Everyday" against copyright infringement?; and (2) what legal steps can Ghozali take when the work is made into NFT without permission based on Law Number 28 of 2014 concerning Copyright? This research is a normative type, descriptive analytical in nature, sourced from primary and secondary data, analyzed qualitatively, and drawn conclusions deductively. The conclusion is that NFT can be a means of protecting the copyrighted work "Ghozali Everyday" against copyright infringement, by turning the copyrighted work into an NFT and there are legal remedies that Ghozali can take if the work is made into NFT without permission, including efforts to report through a protection mechanism. provided by OpenSea based on the Blockchain system, and dispute resolution through alternative dispute resolution, Arbitration or Court by article 95 paragraph 1 of Law no. 28 of 2014 concerning Copyright.
TINDAK PIDANA PEMERKOSAAN TERHADAP SEORANG WANITA DALAM KEADAAN TIDAK BERDAYA Yusuf Wibisono; Heru Susetyo Nuswanto
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.v5i4.18544

Abstract

The rising incidence of rape has captured public attention, presenting challenges in investigation, prosecution, and verdicts. Rape is defined as a violent act or threat of violence to coerce non-consensual sex with a woman, not one's spouse, exemplified in Decision Number 390/Pid.B/2021/PN Smn. This research delves into the theoretical and regulatory aspects of rape in Indonesia, particularly the application of Article 285 of the Criminal Code to helpless victims, posing questions about its appropriateness. Utilizing a normative approach with descriptive analysis, secondary data was collected through a literature review. The research concluded that the perpetrator's actions constitute 'exploitation rape,' and the victim qualifies as a 'pure victim' with no prior association with the offender. Furthermore, the perpetrator's actions more closely align with the elements of Article 286 of the Criminal Code.
ANALISIS TINDAK PIDANA PENCABULAN ATAU MEMASUKI RUMAH TANPA IZIN MENURUT KUHP (PUTUSAN NOMOR 137/PID.B/2020/PN RKB) Abiyyu Ghaly; Maria Silvya E. Wangga
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.v5i4.18552

Abstract

Obscene behavior is a form of crime involving decency and modesty. In this context, the defendant Sukiyono als Yono bin Soekarno was involved in a case of the crime of obscenity, but in decision no 137/Pid.B/2020/PN Rkb, the perpetrator's actions were linked to Article 167 paragraph (1) of the Criminal Code (KUHP) which regulates forcing to enter a house without permission. This study aims to understand the judge's interpretation of the perpetrator's actions, whether as a criminal offense of sexual abuse or as a violation of Article 167 of the Criminal Code, and whether the perpetrator's actions meet the qualifications of the criminal offense of sexual abuse in accordance with Article 289 of the Criminal Code. This research methodology is normative and descriptive using secondary data obtained through literature study. The results show that the perpetrator's actions do not meet the elements in Article 167 (1) of the Criminal Code on forcing to enter a house without permission, so that the perpetrator's actions are more appropriate to be associated with Article 289 of the Criminal Code which regulates the crime of sexual abuse with threats of violence and is subject to criminal sanctions with a maximum imprisonment of nine years.
Leila Luvena Ambalistiarini Roeslan ADL: PERBUDAKAN ANAK BUAH KAPAL (ABK) WARGA NEGARA INDONESIA DI KAPAL LONG XING 629 MENURUT PROTOKOL PALERMO TAHUN 2000 Leila Luvena Ambalistiarini Roeslan ADL; Andrey Sujatmoko
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.v5i4.18553

Abstract

Human rights can be defined as rights inherent in humans that are fundamental and natural that must be upheld, respected and protected. Indonesian crew members also have human rights, in this case, the right to protection and safety at work, including Indonesian crew members who work on foreign fishing vessels. The problem in this article is whether the acts of violence against Indonesian crew members on the Long Xing 629 Ship are slavery practices that fall into the category of human trafficking according to the 2000 Palermo Protocol and how to resolve cases of violence against Indonesian crew members according to the 2000 Palermo Protocol. The research method used in this article is normative juridical, descriptive in nature, using secondary data analyzed qualitatively, and deductive inference. The conclusion of this article is that violence against Indonesian crew members is a practice of modern slavery that is included in the crime of trafficking in persons according to the 2000 Palermo Protocol, because it has fulfilled the three elements of trafficking in persons which include elements: process, method, and purpose. The Brebes District Court which in its decision awarded compensation to four Indonesian crew members in the amount of $12,706 USD.
Perbandingan Penerapan Notifikasi Terkait Tindakan Akuisisi Berdasarkan Hukum Persaingan Usaha di Indonesia dan Singapura: Alvalaneda; Dian Purnamasari
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.v5i4.18555

Abstract

Indonesia’s competition law comprehends acquisition procedures in article 29 of Law No.5/1999 jo. Article 5 of Government Regulation No.57/2010 and KPPU guidelines about the acquisition, meanwhile Singapore has the same regulations through Article 54 of the SCA 2004 along with CCCS guidelines on M&A. Both countries apply different acquisition regulations as well as the application of notification concept, so that it’s become a problem to analyze KPPU Juridical Verdict No.30/KPPU-M/2020 and CCCS NID Case Number: 500/01/18 to know the similarities and differences. Therefore, this research used juridical normative method by examining secondary data and analyzing it qualitatively. The result of the research shows that there are differences in acquisition regulation such as differences in notification regime, threshold for notification, valuation method, and the use of public consultation in Singapore while the similarities include consideration of financial penalties and costs assessment. It can be concluded that both countries apply different notification regime, and Singapore not only use written law but also unwritten law, meanwhile Indonesia only use written law.
ANALISIS STRUKTUR KELEMBAGAAN DEWAN KETAHANAN NASIONAL DAN SEKRETARIAT JENDERAL DEWAN KETAHANAN NASIONAL SEBAGAIMANA DIATUR DALAM KEPUTUSAN PRESIDEN 101 TAHUN 1999 Fadillah Haris Unamsila; 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.v5i4.18570

Abstract

Presidential Decree Number 101 of 1999 concerning the National Defense Council and the Secretariat General of the National Defense Council, according to the author, it is implied that there are 2 state institutions / government agencies, namely the National Defense Council and the Secretariat General of the National Defense Council. However, when examined from the organizational structure, the position of the Secretariat General of the National Defense Council, led by the Secretary General of the National Defense Council, is organizationally still responsible to the chairman of the National Defense Council, namely the president, so that a contradiction arises between the title of Presidential Decree 101 which states that there are 2 state institutions / government agencies with a structure organizations that only mention the existence of 1 State Institution, namely the National Defense Council, also found problems regarding the accountability system at the Wantannas Secretariat General related to Presidential Regulation Number 29 of 2014 concerning Government Agency Performance Accountability Systems (SAKIP). The question arises why Presidential Decree No. 29 of 2014 is only applied to the Wantannas Secretariat General as LPNK, why it is not also applied to Wantannas as LNS. It is necessary to immediately change the form of the regulation which originally was a Presidential Decree to become a Presidential Regulation and it is also necessary to revitalize the institution which originally had two institutions in one regulation to become only one institution without reducing the main tasks and functions of the previous institution. It is necessary to make improvements to performance accountability in government agency performance accountability reports (SAKIP) in accordance with Presidential Regulation No. 29 of 2014 concerning Government Agency Performance Accountability Systems.  
- Sanksi Pidana Dalam Tindak Pidana Kekerasan Terhadap Anak Yang Dilakukan Oleh Ibu Kandungnya (Putusan Nomor 155/Pid.Sus/2020/Pn Kpg): - Karina Putri Marina; Vience 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.v5i4.18573

Abstract

Children are something that cannot be separated from the continuity of human life. Child protection law classifies children in conflict with the law as children in conflict with the law or children as subjects (perpetrators), children as objects (victims), and criminal sanctions. The judge's considerations should be used as a guide to see whether the imposition of criminal sanctions contained in the decision is final or not, by linking it to the article that is used as the basis for imposing criminal sanctions. Some of the problems that arise are whether the perpetrator's actions were appropriate or not by Article 80 paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection (Decision Number 155/Pid.Sus/2020 /PN Kpg) and how to punish perpetrators of criminal acts of violence against children committed by their biological mothers (Decision Number 155/Pid.Sus/2020/PN Kpg). This action is inappropriate based on "Article 80 paragraph (1) UUPA", that the sentence against the perpetrator was imposed by the Panel of Judges with a prison sentence of 6 months, which should be increased by a third, based on the provisions in "Article 80 paragraph (4) UUPA".
TINJAUAN TERHADAP UPAYA PENANGKAPAN IKAN OLEH NELAYAN KECIL DI KABUPATEN PANGANDARAN BERDASARKAN UNDANG-UNDANG NOMOR 45 TAHUN 2009 Xaverius Yodi Marbun; 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.v5i4.18575

Abstract

The Minister of Maritime Affairs and Fisheries issued KKP Regulation No. 2/PERMEN-KP/2015 which prohibits the use of cantrang as a Fishing method for capture fisheries. As with the use of trawl in Pangandaran Regency in 2001 - 2019, it has increased by 2 times since foreign vessels can enter the region freely. The problems are 1) are Fishing efforts by small fisherman in Pangandaran Regency in accordance with Law No. 45 of 2009? and 2) what are the obstacles and how can the government resolve the law against small fishermen who catch fish using trawl in Pangandaran Regency based on KKP Regulation No. 18 of 2021. This study uses a descriptive approach to normative legal research. It involves a qualitative analysis of secondary data obtained from the study of literature and logical inference. The decision is as follows: 1) Article 9 paragraph (1) and (2) of Law No. 45 of 2009 on fisheries does not permit the use of cantrang as a common Fishing technique in Pangandaran Regency. 2) people feel that government efforts limit their well-being because the use of cantrang gives greater results.

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