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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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PEMIDANAAN TERHADAP TINDAK PIDANA PENCABULAN YANG MEMILIKI HUBUNGAN KELUARGA BERDASARKAN PRINSIP PERLINDUNGAN ANAK (Studi Putusan No 533/Pid.Sus/2021/PN MGL) Bryan Jupiter Chaniago; Azmi Syahputra
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.v5i4.18576

Abstract

Punishment for criminal acts of sexual immorality that have a family relationship based on the principle of child protection is the act of the perpetrator, namely the victim's uncle, who committed obscene acts against the victim's child, namely his biological nephew. The formulation of the problem is, what are the principles of child protection in criminal acts of sexual abuse that have family relationships and how to punish perpetrators of criminal acts of sexual abuse against children in family relationships. This research uses a descriptive type of normative research, with secondary data obtained by literature study. The analysis used is qualitative by drawing deductive conclusions. The results of the research, discussion and conclusions in this research are the principles of protection as victims of crime including, without discrimination, the best interests of the child, survival and development and respect for the review of convicted children in case Number 533/Pid.sus/2021/PN.MGL It is not appropriate considering that there was an error in the application of the article by the Public Prosecutor, which was not proportional because it involved the weighting of Article 13 paragraphs 1 and 2 of Law Number 17 of 2016.
- TINDAK PIDANA PENCURIAN YANG DILAKUKAN SECARA BERSEKUTU STUDI PUTUSAN NOMOR 203/Pid.B/2021/PN.LLG: - Junandri Caesar Putra; Dian Adriawan Daeng 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.v5i4.18581

Abstract

Theft is one of the most common criminal offenses, with a lot of news in various mass media, both electronic and print media. The crime of theft is usually motivated by the circumstances of the perpetrator's daily life. In this study, there is a case with the perpetrator named Rio Pratama bin Sarnubi committing a theft crime committed in concert, but the perpetrator's actions in verdict number 203/Pid.B/2021/PN.LLG were decided by article 365 paragraph (1) and paragraph (2) of the Criminal Code on violence. The main problems raised in this thesis are 2 (two), namely, How the Criminal Act by the Perpetrator is in accordance with Article 363 paragraph (1) 4 of the Criminal Code and How the Act Against the Crime of Theft Committed in Accord Decision No. 203/Pid.B/2021/PN.LLG. The actions of the perpetrator are included in the crime of theft, in this case the actions are regulated in Article 363 paragraph (1) 4th of the Criminal Code regarding theft committed jointly. The Linggau District Court in deciding a criminal offense is not in accordance with the applicable laws and regulations. Judges in handling a criminal offense should understand that the principle of legality and the principle of legal certainty must be prioritized in seeing the actions and facts in order to decide a case appropriately.
KEWENANGAN BUPATI DALAM PEMBANGUNAN INFRASTRUKTUR (STUDI PENELITIAN PEMBANGUNAN JALAN DESA SUNGAI PINANG II, KABUPATEN OGAN ILIR, SUMATERA SELATAN) Grace Garatama M; Wiratno
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.v5i4.18589

Abstract

The development of road infrastructure supports the economic and social development of a region. This research raises the problem of how the Regent's authority is implemented in carrying out the construction of the Sungai Pinang II village road infrastructure in Ogan Ilir Regency in 2016-2021 and what obstacles the Regent experienced in carrying out the construction of the Sungai Pinang II village road infrastructure in Ogan Ilir Regency in 2016-2021 and what is the solution. The research method is normative research and regulatory approach. The results and discussion are that the implementation of the Regent's authority in implementing the construction of Sungai Pinang II village road infrastructure in Ogan Ilir Regency for 2016-2021 as regulated and in Regional Regulation Number 4 of 2021 concerning RPJMD for Ogan Ilir Regency for 2021-2026 has not been realized completely and perfectly.  The obstacles experienced by the Regent in road construction in Ogan Ilir Regency are related to limited financial capacity and limited characteristics of regional expenditure allocations. The conclusion of this research is that the Regent of Ogan Ilir, through his authority to carry out development based on the RPJMD, has not been able to realize and overcome road construction obstacles properly.
DISKRIMINASI RASIAL DALAM KASUS GEORGE FLOYD DI AMERIKA BERDASARKAN INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (ICERD) Andry Syaharani Wiguna; Ayu Nrangwesti
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.v5i4.18590

Abstract

This study discusses the case of racial discrimination experienced by George Floyd in America based on the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The research questions include how the American government addresses racial discrimination against black citizens and resolves the George Floyd case as a violation of human rights. In this study, the authors use normative research methods with literature reviews, fully relying on secondary data to describe the situation and events. The results of this research indicate that the American government has actually taken steps to address discrimination. Examples include Article 2 of the Universal Declaration of Human Rights (UDHR), Articles 2, 4, and 5 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Amendment IV of the Bill of Rights 1791, Article 1 Sections 2 and 9 of the U.S. Constitution 1787, and Title IV of the Civil Rights Act of 1964. These measures are taken to protect and provide racial equality for black individuals from all aspects. In George Floyd's case, a more just implementation of the law is necessary to prevent further police violence against black individuals.
STUDI KOMPARASI PENGATURAN PEMBUKTIAN PERKARA PIDANA BERDASARKAN SISTEM HUKUM INDONESIA DAN KOREA SELATAN Khairani Catika Juliana; Gandes Candra kirana
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.v5i4.18591

Abstract

Proof is a crucial element in resolving legal issues, undertaken based on the will or desire of the parties involved. Recognizing that Indonesia and South Korea have similar legal systems, there may be differences in their legal regulations, especially regarding the proof of criminal cases. The research problem formulation is: What are the differences and similarities in proving criminal cases in Indonesia and South Korea? And what are the weaknesses and strengths of proving criminal cases in Indonesia and South Korea? The aim of this research is to understand and describe the differences, similarities, weaknesses, and strengths of proving criminal cases in Indonesia and South Korea. This study uses a Comparative method, conducted through a legal comparison between one legal system and another. The research adopts a normative research type, utilizing literature review to describe the research problem. The findings indicate that despite significant differences in the types of evidence between Indonesia and South Korea, they have nearly identical legal systems and share similar strengths and weaknesses. However, in some aspects, Indonesia can adopt certain elements from the South Korean legal system.
Bah Salsabila Ghina Luthfiyah; Intan Nevia Cahyana
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.v5i4.18592

Abstract

Infrastructure development in Indonesia, such as the construction of Ring Road II by the Manado City Government, aims to enhance welfare. However, the land acquisition process for this project does not align with the procedures outlined in Law Number 2 of 2012 regarding Land Procurement for Public Interest Construction. The research investigates the land acquisition process and assesses whether Decision Number 661/Pdt.G/2021PN Mnd complies with the law. Using descriptive normative research with secondary data, the study reveals that the Manado City Government's land acquisition process lacks conformity with the legal preparatory stages specified in Articles 18 and 19 of Law Number 2 of 2012. Consequently, the considerations and decision in Judge's Decision Number 661/Pdt.G/2021PN Mnd align with the law.
- PEMIDANAAN TERHADAP TINDAK PIDANA PERCOBAAN PENCURIAN YANG DIPUTUS DENGAN KETENTUAN PASAL 362 KUHP (STUDI KASUS PUTUSAN PENGADILAN NEGERI BINJAI NOMOR 406/PID.B/2021/PN BNJ) : - Ammar Farras Fauzan; Setiyono
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.v5i4.18593

Abstract

Not just the perpetrator's purpose, but also the availability of the opportunity to commit the attempted steal, are factors that affect its incidence. As in this instance where the perpetrator's activities in judgment number. 406/Pid.B/2021/PN Bnj were judged under Article 362 of the Criminal Code relating common theft despite the defendant Edy Susanto's attempted criminal act. The key issue is whether the stealing crime has been fully formed in accordance with Article 362 of the Criminal Code's regulations. Data collection was done through literature study in this normative study, which used the kind and/or nature of analytical descriptive research as well as the usage and/or utilization of secondary data. The perpetrator's actions would be more appropriate if they were decided in accordance with Article 362 and Article 53 of the Criminal Code regarding attempted theft because the perpetrator's actions did not satisfy the elements in Article 362 of the Criminal Code regarding theft because they were not completed. Edy Susanto received a sentence that was a penalty for an attempted crime, with the maximum main term for the offence being lowered by one-third.
- YURISDIKSI NEGARA TERHADAP KEJAHATAN YANG DILAKUKAN DI STASIUN LUAR ANGKASA INTERNASIONAL BERDASARKAN HUKUM ANGKASA (STUDI KASUS ASTRONOT ANNE MCCLAIN): - Muhamad Farchan Renwarin; Ayu Nrangwesti
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.v5i4.18594

Abstract

In August 2019, the world was alarmed by an alleged space crime involving astronaut Anne McClain, accused of accessing her ex-partner's account from the International Space Station (ISS), marking the first crime in space. This thesis explores the legal status of the ISS under space law and determines the applicable jurisdiction. Utilizing normative juridical research and referencing key space treaties and international law principles, it concludes that the ISS has joint ownership based on the common heritage principle and the 1967 Space Treaty and 1972 Liability Convention. The jurisdiction in the Anne McClain case falls under the United States, relying on territoriality and active nationality principles. The 1968 Rescue Agreement does not apply as the crime was not committed in the role of an astronaut ambassador but as an individual U.S. citizen
- Tanggung Jawab Iran dalam Penggunaan Paper Satellite Zohreh-1 dan Zohreh-2 di Orbit Geostasioner Menurut Hukum Angkasa: - Lady Dinayla Aprilyca Putri Idwani; Ayu Nrangwesti
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.v5i4.18595

Abstract

In 1988, Iran initiated talks with Russia to launch two Zohreh telecommunications satellites at 34º and 26º positions, but this was delayed until 2003. In 2004, an updated contract was made between Iran and Russia, yet it failed to come to fruition. This research delves into the violations' nature and Iran's accountability under state responsibility. Employing normative legal research with descriptive methodology and secondary data, the study explored these questions. Literature review aided data collection, while conclusions were drawn deductively. Results revealed Iran's failure in fulfilling ITU-granted responsibilities, notably with Zohreh-1 satellite; Iran couldn't prove its launch claim. A frequency dispute emerged at the 26º BT position, housing Zohreh-2 satellite, involving Iran, France, and Arab states. ITU's resolution encompassed administrative sanctions on Iran. These issues underscore the necessity for ITU, as the authoritative Geostationary Orbit regulator, to implement more stringent measures for dispute prevention.
ANALISIS YURIDIS PENGGUNAAN PASAL 338 KUHPIDANA DALAM TINDAK PIDANA PENGANIAYAAN Fotuhoaro Ndruru; Setiyono
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.v5i4.18598

Abstract

Juridically, committing the act of killing another person with intention or negligence is of course an act that violates the rules of criminal law, so that the criminal act of murder can be given criminal sanctions. The problem in this research is to find out the description of the suitability between the actions committed by the perpetrator and the elements of criminal acts in Article 338 of the Criminal Code, and what is the description of the suitability of the sentence imposed using the provisions of Article 338 of the Criminal Code. Normative legal research using descriptive secondary data which is then processed using qualitative analysis with deductive logic to draw conclusions, is the research method used in this writing. The results of the research and discussion were that the judge had declared the defendant guilty of committing the crime of murder and sentenced to 15 years in prison. In conclusion, the actions carried out by the defendant complied with the provisions contained in Article 338 of the Criminal Code and the sentence imposed by the panel of judges was in accordance with the provisions of Article 338 of the Criminal Code.

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