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Narita Adityaningrum
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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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PERLINDUNGAN HUKUM HAK DESAIN INDUSTRI GENSET YANG PRODUKNYA TELAH DIPUBLIKASIKAN DI NEGARA LAIN DITINJAU DARI UU DESAIN INDUSTRI Rogomos Simamora; Simona Bustani
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.v5i4.18599

Abstract

Industrial Design is one form of IPR. However, there are still many disputes on applications for registration of industrial designs. The question What is the legal protection of industrial design rights holders of generators marketed in Indonesia according to the Industrial Design Law? and How is the analysis of the decision of the judge Central Jakarta Commercial Court regarding the generator industrial design dispute based on the Industrial Design Law? The research method is in the form of normative law with an analytical descriptive nature. Using primary data in the form of interviews to support secondary data. Qualitatively analyzed by drawing deductive conclusions. In conclusion, the legal protection of generator industry design rights holders marketed in Indonesia according to the Industrial Design Law is still inadequate and ineffective because it does not impose automatic substantive examinations related to novelty aspects and based on the author's analysis, the judgment is not in accordance with the provisions of the Industrial Design Law because the Plaintiff is not an interested party to cancel the industrial design based on the license to authorize. It should be Chongqing Longli Power Equipment Co., Ltd as the owner of industrial design in China.
- KESEJAHTERAAN ANAK ATAS MENINGKATNYA KASUS PENGAJUAN DISPENSASI NIKAH DI DESA CIKAWUNG KECAMATAN TERISI KABUPATEN INDRAMAYU Mega Ningrum; Wahyuni Retnowulandari
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.v5i4.18611

Abstract

The rise of child marriage is a serious issue for child welfare, whether children can be said to be prosperous. It is impossible to isolate Indonesia's practice of child marriage from the social, cultural, and economic circumstances that shape society, such as the underage marriage that takes place in Cikawung Village, Indramayu Regency. what is the background to the increase in underage marriages in Cikawung Village, Terisi subdistrict, Indramayu Regency, as well as whether children who marry underage become prosperous and what efforts are made by parents, the community and the government? Sociological legal research is the kind of research that is employed. The research is of a descriptive character. The deductive approach to conclusion-making. There were several variables that contributed to the rise in marriage dispensation in Cikawung Village. Law Number 16 of 2019 is one of the reasons for this, along with culture, parenting, economics, education, and free association. In Cikawung Village, underage marriage leads to unfavorable welfare circumstances for kids and violates Law Number 4 of 1979; instead, kids should be playing, attending school, or pursuing their creative endeavors while also keeping in mind their little households. The lack of growth and direction for child welfare initiatives is the reason why parents, society, and the government are not doing more to stop the rise in underage marriages.
PENOLAKAN ITSBAT NIKAH DI MASA PANDEMI COVID-19 MENURUT KOMPILASI HUKUM ISLAM (STUDI PUTUSAN NOM0R 47/Pdt.P/2021/Pa.Tas) Andika Setya Amanullah; Muriani
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.v5i4.18632

Abstract

The widespread spread of the COVID-19 pandemic in Indonesia has caused the government to limit various community activities, one of which is holding weddings. Therefore, there are many married couples who carry out their marriages using sirhi, but in this case, can a husband and wife whose marriage is sirhi submit their marriage contract to the Religious Court? The main issue is what factors led to the rejection of the Religious Court's application for itsbat marriage and whether Decision Number 47/Pdt.P/2021/Pa.Tas regarding the rejection of the itsbat decision was in accordance with the Complications of Islamic Law. The type of research used is normative juridical using secondary data obtained through literature study. The results of the research show that there are factors causing the rejection of marriage licenses by the Religious Courts, and Decision Number 47/Pdt.P/ 2021 /Pa.Tas in this case is not in accordance with the Complications of Islamic Law, because marriages are carried out in pairs without any obstacles to marriage. In conclusion, the application for marriage itsbat can be rejected by the religious court if it does not comply with the provisions of Article 7 paragraph (3) of the Compilation of Islamic Law.
JANGKA WAKTU PUTUSAN KASASI NOMOR.006/K/PDT.SUS-HKI/2021 TENTANG SENGKETA MEREK ANTARA PT. SUPRA TERATAI METAL MELAWAN PT. WIHARTA PRAMETAL : Yustika Nainggolan; Asep Iwan Iriawan
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.v5i4.18636

Abstract

Trademarks are used to identify or recognize the origin of goods and services. Several factors can trigger trademark disputes. This research discussing how the judges consider the legal aspects when examining and deciding trademark cases between PT Supra Teratai Metal and PT Wiharta Prametal, and what the legal consequences are if the cassation application in the trademark dispute exceeds the cassation time frame based on the applicable law. This research type is normative legal research, with qualitative data processing, a descriptive research nature, and deductive conclusions. The results of this research show that during the cassation application review process, the panel of judges found that the Defendant's trademark had not been officially registered. Therefore, from a legal perspective, the cassation applicant is the official holder of the registered trademarks, the sentence you provided appears to be in Indonesian and discusses a dispute over a trademark between PT Supra Teratai Metal and PT Wiharta Prametal. It mentions that the judge in examining the trademark dispute may have violated Article 2 paragraph (4) of Law No. 48 of 2009. The violation of this law could serve as a basis for the Respondent in Cassation to file a legal effort for a review.
- Pencabutan Keterangan Terdakwa yang Termuat Dalam Berita Acara Pemeriksaan Tingkat Penyidikan Pada Proses Persidangan di Pengadilan Arnaldo Vinerdi; 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.v5i4.18639

Abstract

Evidence is quite an important part of a trial examination, so as a judge you must be careful in carrying out the judge's considerations. However, in the evidentiary process, sometimes there are obstacles, such as the defendant retracting his statement in the BAP. This research formulates the problem of how legal analysis is related to the considerations of the cassation judge in narcotics cases found in Decision Number 399/Pid.Sus/2021/PN Plk and how the analysis of the defendant's testimony is considered as part of the evidence.Normative juridical is used as a method in this research. The results of this research are that the defendant withdrawing his statement in the BAP certainly cannot be used as the main reason for the judge's decision in a case and the investigative witness can be used as evidence in the trial but not as evidence that can be confronted with the defendant's statement retracting the BAP, the investigative witness is only one part of the evidence. which can convince the panel of judges to assess the defendant's guilt.
Pembagian Harta Bersama Pasca PerceraianPasangan Berbeda Kewarganegaraan: Perbandingan Hukum Indonesia dan Belanda Ditasya Aulia Putri; Natasya Yunita Sugiastuti
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.v5i4.18640

Abstract

This study examines the separation of marital property after divorce between mixed married couples. It compares Indonesian and Dutch laws on the division of matrimonial property upon divorce, focusing the case of Henk Willem van Der Spil (a Dutch citizen) and Dyah Supriyantini (an Indonesian citizen). The study shows how the two legal systems are alike and different The research type is normative and descriptive, utilizing secondary data, qualitative analysis, and a comparative legal approach with deductive conclusions. The findings display similarities: 1) Research considers the division of shared belongings among couples in mixed marriages according to the HPI factors; 2) Both the Indonesian and Dutch HPI designate Indonesian law as applicable. The variations include: 1) Under Indonesian law, land and buildings are not counted as community property, whereas Dutch law regards them as such and divides them equally. 2) Indonesian law excludes the income of the Tulips Hotel and Resto from community property, while Dutch law includes it. 3) The Dutch law recognizes "divorce covenant," a concept that is not present in Indonesian law. Recommendations: to achieve fairness, judges should. consider international civil law and foreign law aspects when dividing property in joint ownership between mixed marriage couples.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN AKIBAT PEREDARAN KOSMETIKA ILEGAL HB WHITENING BERDASARKAN HUKUM PERLINDUNGAN KONSUMEN : Tsuraya Amalia; 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.v5i4.18678

Abstract

Cosmetic products are currently increasingly demand, in the purchasing process there are many factors that make people buy using online buying and selling services. When buying online, sometimes buyers are less careful in buying products sold by business actors who ignore the terms of sale of cosmetics, so consumers are harmed. For example, HB Whitening lotion products that contain harmful ingredients but are still traded. The subject matter of this article is how is the legal protection of HB Whitening consumers that results in harm to consumers and find out how the efforts of the Food. The research method used is normative type, descriptive in nature, by sourcing secondary data which will be analyzed qualitatively and deductively drawn conclusions. Based on the results of the study, HB Whitening has provided insecurity for consumers because there is an element of harm in it, thus violating Article 4 of the GCPL and must be responsible for consumers based on Article 19 of the GCPL. BPOM has made preventive and persuasive efforts, but in tackling the circulation of HB Whitening products is still not in accordance with the applicable provisions.
- RESTRUKTURISASI KREDIT USAHA RAKYAT KECIL DI MASA PANDEMI COVID-19 DITINJAU DARI PRINSIP KEHATI-HATIAN (STUDI KASUS BANK BRI KCP SRIWIJAYA MATARAM): - Fiona Khairunnisa; 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.v5i4.18679

Abstract

During the COVID-19 pandemic, the Government implemented relaxation rules as a National Economic Recovery ("PEN") for People's Business Credit ("KUR") debtors which are regulated in POJK 11/2020 and Permenko Perekonomian 19/2020, one of BRI KCP Sriwijaya's Small KUR debtor customers who received credit relaxation and failed to restructure will be reviewed from the Prudential Principles. The formulation of the problem discussed, how is the implementation of KUR relaxation at BRI KCP Sriwijaya Mataram during the COVID-19 pandemic in terms of the Prudential Principles of the Banking Law and whether there are obstacles for BRI KCP Sriwijaya Mataram in implementing Small KUR relaxation during the COVID-19 Pandemic in terms of Prudential Principles. The research method used is normative, analytical descriptive research nature and the type of data used is secondary data supported by primary data, qualitative analysis with deductive inference. The conclusion in this study is that default is caused by the non-fulfillment of the Capacity aspect of both the debtor and the bank in predicting the business prospects of Small KUR debtors and BRI KCP Sriwijaya Mataram debtors, the majority of whom have businesses in the tourism sector.
- TINJAUAN YURIDIS PELAKSANAAN ALIH STATUS PEGAWAI KOMISI PEMBERANTASAN KORUPSI MENJADI APARATUR SIPIL NEGARA PASCA PUTUSAN MK NOMOR 34/PUU-XIX/2021: - Navyla Arjinia Putri Widjanarko; 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.v5i4.18680

Abstract

The implementation of the change in employment status of the Corruption Eradication Commission (KPK) employees as Civil Servants is based on Law Number 19 of 2019, which amends Law Number 30 of 2002 concerning the KPK. The formulation of the research problem is: How is the implementation of the change in the status of KPK employees to Civil Servants after the Constitutional Court Decision Number 34/PUU-XIX/2021? And is there any contradiction with the legislation in the implementation of the change in the status of KPK employees to Civil Servants? This research is normative juridical with deductive logical conclusions. The results show that the Constitutional Court Decision states that the implementation of the status change does not violate the 1945 Constitution of the Republic of Indonesia. The transition of KPK's employment status is also a consequence of the institutional status transition of the KPK within the executive branch. The author suggests that the process of changing the status of KPK employees be explained in detail regarding the implementation of the National Insight Test. This is important to avoid the polemic of "weakening the KPK," and legal consequences should be included if KPK employees do not pass the National Insight Test.
PERTIMBANGAN HAKIM TERHADAP KEDUDUKAN SAKSI MAHKOTA DALAM PERKARA TINDAK PIDANA KORUPSI YANG DILAKUKAN JULIARI BATUBARA: - Maria Amalia Farentchois Sani Asa; 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.v5i4.18684

Abstract

Law enforcement in the case of criminal acts of corruption committed by Juliari Batubara involved various problems. One of them is related to the judge's consideration of presenting a crown witness at the trial who actually had sufficient evidence at the trial. This is not in accordance with the Supreme Court Circular Number 05 of 2014. In the discussion the author will focus on the analysis of the judge's considerations in decision number: 29/Pid.Sus-Tpk/2021/PN.Jkt Pst based on evidence according to the procedural law book Criminal. The research method used by the author is Normative Juridical, and is descriptive in nature so that data collection is carried out by literature study to produce conclusions in a deductive manner. Based on the author's analysis, the panel of judges' considerations regarding the use of crown witnesses in the Covid-19 Social Assistance Corruption crime case did not meet the requirements as evidence, but what was presented at trial was sufficient, in fact this could provide an opportunity for the defendant to have his sentence reduced. Apart from that, there is a discrepancy with the provisions of the Criminal Procedure Code (KUHAP). Therefore, the author suggests that there is a need for a review of crown witnesses who are presented in the trial process for criminal acts of corruption, so that judges can provide more appropriate decisions by considering all the evidence and witness statements presented in a case.

Page 74 of 107 | Total Record : 1070

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