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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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Perbandingan Studi Perbandingan Kewenangan Penyidikan Pidana Berdasarkan Sistem Peradilan Indonesia dan Singapura: Abstrak, Pendahuluan, Metode Penelitian, Hasil Penelitian dan pembahasan, kesimpulan dan daftar pustaka Elen Oktaviani; Abdul Fickar 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.v5i4.18686

Abstract

Investigation is a substantial first step in the law enforcement process. Indonesia and Singapore apply different legal systems to reform criminal procedural law need to be carried out through comparative studies. The problem formulation is what are the similarities and differences in criminal investigation authority based on the Indonesian and Singaporean legal systems. The research method was carried out normatively with the nature of the research using analytical descriptiveness, the type of data used was secondary data, qualitative data analysis and conclusions were drawn based on the deductive logic method. The results of the research and discussion are that investigations in Indonesia are regulated in the Criminal Procedure Code, while in Singapore they are regulated in the 2010 Criminal Procedure Code, there are exceptions regarding special criminal regulations. In conclusion, the same investigative authority is carried out by the police, there are exceptions regarding the investigation of special criminal acts where the investigator is from the relevant agency even though the police are also the investigator, differences in the legal systems used by the two countries, differences regarding the time to be accompanied by a lawyer, and there are differences time period submission of case files to the prosecutor's office.
PENYALAHGUNAAN PENGUASAAN PASAR TERHADAP PELAKU USAHA LAIN DI PELABUHAN YOS SUDARSO AMBON BERDASARKAN HUKUM PERSAINGAN USAHA: Kemal Kusuma Wardana; 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.v5i4.18690

Abstract

The activities carried out by PT Pelabuhan Indonesia (Persero) constitute a violation of Article 19 Letters a and b of Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition. The formulation of the problem in this research is the form of abuse of market control carried out by PT Pelabuhan Indonesia (Persero) according to Article 19 of Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition and how the KPPU applies whether there are violations of Article 19 of Law 5 /1999 in KPPU Case Decision No. 29/KPPU-L/2020. This research uses a descriptive type of normative research, with secondary data obtained by literature study. The results of the research, discussion and conclusions in this research are that PT Pelabuhan Indonesia abuses market control in the form of circulars aimed at taking over loading and unloading activities carried out by other business actors operating at the port. The circular letter made by PT Pelabuhan Indonesia has no basis and is not binding, so the letter is purely an initiative of PT Pelabuhan Indonesia to make it. KPPU does not have strong evidence so PT Pelabuhan Indonesia declared not to have violated.
- PERLINDUNGAN KONSUMEN ATAS PENIMBUNAN OBAT PADA MASA PANDEMI: - Yustio Rony Saputro; N.G.N Renti Maharaini Kerti
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.v5i4.18691

Abstract

Shortage of goods during the pandemic such as basic necessities, masks, hand sanitizers, vitamins, and medicines has resulted in significant price increases. This has become an opportunity for unscrupulous business actors to seek profit, as done by PT. ASA who hoarded medicines. The main problem in this research is role of the government in relation to the hoarding of Azithromycin by PT. Atlas Sukses Abadi and the accountability of PT. Atlas Sukses Abadi Indonesia as a business actor for the act of hoarding Azithromycin. This research was conducted using normative juridical approach, descriptive-analytical in nature, using qualitative analysis of secondary data, and drawing conclusions through deductive method. It can be concluded that the Government, in dealing with the hoarding of Azithromycin, has carried out its duties in accordance with the regulations. PT. Atlas Sukses Abadi is responsible for the act of hoarding the medicine, as business actors have criminal liability according to the Consumer Protection Law, namely Article 62 in conjunction with Article 61 and Article 10 of Law No. 8 of 1999 on Consumer Protection, Article 14 in conjunction with Article 5 section (1) of Law No. 4 of 1984 on Infectious Disease Outbreaks, and Article 107 in conjunction with Article 29 section (1) of Law No. 7 of 2014.
- PELAKSANAAN PENJAMINAN SISTEM RESI GUDANG PADA PERSEROAN TERBATAS JAMINAN KREDIT INDONESIA: - Ersya Maulina; Listyowati Sumanto
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.v5i4.18692

Abstract

One of Indonesia's strengths lies in its abundant natural resources. In the agricultural sector, surplus stock arises from plentiful harvests exceeding market demand. Farmers are compelled to sell well below market prices, unwilling to risk marketing low-quality or unprofitable yields. Law Number 9 of 2011 on the Warehouse Receipt System provides a government solution. The research examines the implementation of PT Jamkrindo's warehouse receipt guarantee system concerning holders and collateral recipients when warehouse management fails. It explores challenges faced by PT Jamkrindo in protecting the rights of warehouse receipt holders and collateral recipients in the event of warehouse management bankruptcy. Employing a normative juridical research approach, descriptive and qualitative analyses using secondary data, the study concludes that in bankruptcy cases, legal protection is afforded to warehouse receipt holders and collateral recipients, enabling them to seek compensation through legal claims. Challenges for PT Jamkrindo include difficulty in finding an ideal warehouse manager, limited facilities and infrastructure, and the absence of a comprehensive guarantee mechanism covering overall losses, especially during warehouse manager bankruptcy.
TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERSEROAN BERBASIS PEMBERDAYAAN MASYARAKAT KECAMATAN BULIK: Mahdaniah; Sri Bakti Yunari
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.v5i4.18695

Abstract

Companies operating in the natural resources sector such as PT. Gemareksa Mekarsari in Lamandau Regency, Central Kalimantan Province, is obliged to carry out corporate social and environmental responsibilities. Formulation of the problem of how to fulfill the company's social and environmental responsibilities based on community empowerment in Bulik District, Central Kalimantan at PT. Gemareksa Mekarsari and what are the obstacles in its implementation. The research method used is normative law, descriptive in nature with juridical research methods, secondary data and qualitative analysis. Research results and discussion of analysis of TJSL implementation based on community empowerment at PT. Gemareksa Mekarsari has not run as it should, because it has not achieved what was expected in terms of community empowerment. There are obstacles such as lack of funds, lack of community involvement, and poor communication between the community and the Company which are still challenges in this regard. TJSL Conclusion The company has environmental problems and conditions that have not yet become the company's attention, and is in the midst of a community that is not happy with its existence. This dissatisfaction creates a negative image for the company, so that TJSL community empowerment is not running effectively.
PENEGAKAN HUKUM PEMALSUAN DOKUMEN KEIMIGRASIAN OLEH WNA MENGACU PADA UU NO. 6/2011, STUDI PUTUSAN NO. 292/PID.SUS/2021/PN BTM: Aden Alfiansyah; Tri Sulistyowati
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.v5i4.18696

Abstract

This research examines the principles, legal norms, and concepts within the Immigration Law in Indonesia. It focuses on the case of document forgery by a foreign national, MYAT THIT alias MUHAMMAD, a Myanmar citizen in Batam. The defendant was arrested at Pantai Stress, Batu Ampar, for not having a Myanmar passport and residence permit. The research problem formulation is: What is the role of the immigration office in supervising Foreign Nationals in Batam? And how is the law enforced against immigration offenses committed by Myanmar citizens? The research method used is normative juridical, drawing conclusions through deductive logic. The research results reveal that the concept and mechanism of supervision over foreign nationals (FN) in Batam are still unclear and cannot be implemented effectively.
TINJAUAN YURIDIS IMPLEMENTASI UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA DALAM PERJANJIAN KERJA (STUDI PENELITIAN PT AGRICON PUTRA CITRA OPTIMA): Farida Mukhlisah; 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.v5i4.18697

Abstract

Law Number 11 of 2020 concerning Job Creation changes several provisions regarding employment which were previously regulated in Law Number 13 of 2003 concerning Employment (“UU Ketenagakerjaan”). The problems in this research include: 1) What are the work agreement procedures made between PT Agricon Putra Citra Optima and workers who work at the company? 2) Is the agreement at PT Agricon Putra Citra Optima in accordance with Law Number 11 of 2020 concerning Job Creation? The research method used is normative juridical research with legal material collection techniques using literature studies and interviews. The research results show that the procedure for making a certain time work agreement made by PT Agricon Putra Citra Optima with workers who work for the company has been made in accordance with the provisions. However, the specific time work agreement made by PT Agricon Putra Citra Optima with its workforce contained errors regarding the type of work agreed to in the work agreement. This is because the work that must be done by workers is not included in the work criteria for which a fixed-term work agreement can be made according to the provisions contained in Law Number 11 of 2020.
ANALISIS PERLINDUNGAN HUKUM TERHADAP KREDITUR SEPARATIS PEMEGANG HAK TANGGUNGAN YANG KEHILANGAN HAK EKSEKUSI DALAM PROSES KEPAILITAN: Luqyana Khalda Salsabila; 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.v5i4.18702

Abstract

The Central Jakarta Commercial Court issued a decision Number 15/Pdt-Lawsuit Lain-Lain/2019/PN.Niaga.Jkt.Pst regarding bankruptcy asset disputes that have a negative impact on PT Maybank Indonesia Tbk., as a separatist creditor holding Dependent Rights (HT). The problems in this writing is in the form of, "how is the legal consequences for PT Maybank Indonesia Tbk. in the bankruptcy process and how is the legal protection for PT Maybank Indonesia Tbk. in the bankruptcy process". The research uses a juridical-normative type that is descriptive. The data used are secondary data which analyzed by qualitative analysis, and conclusions are drawn deductively. The result are PT Maybank Indonesia Tbk. suffered losses due to the decision given. The loss obtained was in the form of the loss of authority of PT Maybank Indonesia Tbk. in the control and management of assets owned. This is consequence to the lack of consistency in the provisions of the Bankruptcy Law (UUK). In addition, this can happen because there is a norm conflict between the Law on Dependent Rights (UUHT) and UUK. PT Maybank Indonesia Tbk. also did not get proper legal protection due to differences in views with those of UUK regarding deadlines in the asset execution process.  
PEMBATALAN SERTIPIKAT HAK MILIK ATAS TANAH DALAM PRESPEKTIF JAMINAN KEPASTIAN DAN PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK ATAS TANAH: Affan Zaidan; Listyowati Sumanto
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.v5i4.18703

Abstract

Land registration aims to guarantee legal certainty of land rights and legal protection for holders of rights to a plot of land—a certificate is a vital means of proof. The main problem is what causes the land title certificate to be canceled and what is the legal protection for land rights holders regarding land title certificates. The research method used is normative legal research, descriptive, analyzed qualitatively, and concluding using deductive logic. The results of the study show that certificates of land rights that have been issued in the name of the right holder can be requested to be canceled due to a court decision that has permanent legal force stating that it is void or does not have binding legal force or is due to administrative, legal defects due to errors in area calculations, object or subject errors, overlapping (dual certificates) including mistakes in the application of statutory regulations. Although land title certificates can still be canceled, if land registration is according to regulation, it can guarantee certainty and legal protection to land rights holders by presenting physical and juridical data in the certificate, which can be used as evidence when litigating in court.
ANALISIS TENTANG EKSEPSI KEWENANGAN ABSOLUT YANG DITOLAK OLEH MAJELIS HAKIM (PUTUSAN NO 420/PDT.G/2020/PN JKT.SEL) : Analysis Of The Exception Of Absolute Authority Rejected By The Council Of Judges (Ruling No 420/Pdt.G/2020/Pn Jkt.Sel) Bhakti Arssywahid; Muriani
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18918

Abstract

Resolving civil disputes through the courts is still an option for many legal subjects, where the District Court Panel of Judges will make the decision. However, in Decision No. 420/Pdt.g/2020/Pn Jkt.Sel, the District Court Panel of Judges rejected the defendant's exception or denial regarding the exception of absolute competence. The formulation of the problem in this research is whether the rejection of the exception regarding Absolute Competence from the Defendant is in accordance with the relevant laws and regulations and what legal remedies the Defendant can take. The type of research used is normative juridical using secondary data. Research Results The rejection of absolute competence by the Panel of Judges at the South Jakarta District Court is in accordance with Article 1365 of the Civil Code, Article 50 of Law no. 2 of 1986 concerning General Courts, and legal remedies for the Defendants if they feel dissatisfied with the rejection of this exception regarding absolute competence in accordance with Article 9 paragraph (1) of Law Number 20 In 1947, by filing a legal appeal and Article 43 paragraph (1) of Law Number 14 of 1985, the defendant can file cassation legal remedy, and if not satisfied, can file  judicial review.

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