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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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AKIBAT HUKUM PUTUSAN MAHKAMAH KONSTITUSI TERHADAP PEMILUKADA BUPATI KABUPATEN TELUK WONDAMA PROVINSI PAPUA BARAT TAHUN 2020: Legal Consequences The Constitutional Court Ruling On The 2020 Election Regents Of Teluk Wondama District, West Papua Province Raihan Pahrazi; Radian syam
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.v6i1.19073

Abstract

General Elections, or later known as Elections, are a means based on popular sovereignty with the function of electing the President and Vice President, members of the DPR, DPRD and DPD. During the Regional Head Election, problems such as disputes over the election and deputy regents. Wondama Bay, West Papua, the problem of which is contained in MK Decision no. 32/PHP.BUP-XIX/2021. The formulation of the problem discussed in this research is the causes of the decision to re-vote by the Constitutional Court as in MK Decision No. 32/PHP.BUP-XIX/2021 and what legal consequences arise from the re-voting after the intended Constitutional Court Decision. This research method includes normative legal research which is descriptive analytical in nature through the use of secondary data from the results of literature studies along with the results of interviews, then data is carried out qualitatively and conclusions are drawn based on deductive logic. The results of research and discussion show that violations by general election organizers took the form of double voting and double voter lists. Conclusion After the re-voting was carried out, the Regency General Election Commission determined the results in Decree No. 18/PL.02.7-Kpt/9207/KPU-Kab/IV/2021. that candidate pair number four was announced as the winner
PUTUSAN TINDAK PIDANA NARKOTIKA YANG DIPUTUS DILUAR DARI DAKWAAN PENUNTUT UMUM : Drug Offences Decided Outside Of The Public Prosecutor'S Indictment Jihan Sukmawati Daratu; Abdul Ficar Hadjar
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.v6i1.19091

Abstract

In rendering a verdict, a judge is restricted from imposing a punishment if the criminal act is not specified in the charges filed by the public prosecutor. However, in narcotics cases, judges often decide to use articles not listed in the indictment, citing SEMA No 3/2015 as justification. The problem in the case of narcotics, specifically Number 7692 K Pid.Sus/2022, is whether the judge's decision to penalize the defendant with an uncharged article aligns with legal regulations. Additionally, it questions if the legal consequences of the imposed criminal sanctions deviate from the public prosecutor's indictment in the narcotics offense. To address these issues, the research method employed is normative legal research, using secondary data from primary and secondary legal materials, with a descriptive-analytical approach and deductive conclusions. The research findings reveal that the judge deems the defendant not a drug abuser due to a relatively small quantity of narcotics found. However, the judge overlooks the fact that the defendant engaged in transactions with several individuals, suggesting that the public prosecutor's article should have been applicable. In conclusion, the verdict beyond the indictment should be legally null, releasing the defendant from all legal claims.
PEMANFAATAN HASIL HUTAN TANPA DISERTAI SURAT KETERANGAN SAHNYA HASIL HUTAN KAYU (SKSHHK) DI WILAYAH KABUPATEN TANAH LAUT: Utilization Forest Products Without Accompanied Certificate Validity Of Timber Forest Products (SKSHHK) In The Tanah Laut Regency Area Andra Geofany Riswan; Irene Mariane
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.v6i1.19100

Abstract

Indonesia is a country where the majority of the population is workers in the agricultural and forestry sectors. But there are still many violations of his forestry. The problem How is the permit for the transportation of timber forest products after the enactment of Article 12 letter e and Article 83 UUCK? And How is the application of the transportation of timber forest products without being accompanied by a SKSHHK in Decision Number 9/Pid.Sus/2020/Pn.Pli?. Research methods are normative laws, descriptive properties, secondary data sources and analyzed qualitatively by drawing deductive conclusions. In conclusion, in terms of permits for the Transportation of Timber Forest Products that must be fulfilled after the enactment of the UUCK, namely the permits regulated in its implementing rules, namely Article 259 number (1) that should be fulfilled in the transportation of timber forest products by the accused ATMAWI aka AWI should be in accordance with Minister of Environment and Forestry Number 8 of 2021. It should also be noted that the SKSHHK itself can only be issued after the ATMAWI defendant is supposed to fulfill PNBP's obligation to serve forest product transportation documents.
PENYELESAIAN SENGKETA PEMILIHAN UMUM PRESIDEN TAHUN 2019 MENURUT UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM: Resolution of Disputes Regarding the 2019 Presidential General Election According to Act 7 of 2017 concerning General Elections Putri Nurmalia Oktaviani; Ferry Edwar
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.v6i1.19101

Abstract

The constitution serves as the fundamental basis for a nation, encompassing its system of government and the fundamental rules governing its existence. Despite Indonesia having the 1945 Constitution as its governing document, the electoral process often gives rise to issues, such as disputes over vote counts that are subsequently brought before the Constitutional Court. The formulation of the problem in this article is how the suitability of the Settlement of Presidential General Election Disputes in 2019 with act Number 7 of 2017 concerning General Elections and what are the obstacles to the Settlement of Presidential Election Disputes in 2019. Utilizing literature reviews and secondary data. The research findings affirm that the resolution of disputes related to the 2019 Presidential Election should have been conducted by the institution vested with authority as per the applicable regulations. These disputes arose due to the simultaneous conduct of the General Elections, emphasizing the necessity for proper handling by institutions in accordance with the governing laws. Highlighting the importance of adhering to established procedures and regulations becomes pivotal to ensure the proper resolution of election disputes within the framework of the law.
PENYIKSAAN OLEH JUNTA MILITER MYANMAR TERHADAP PARA DEMONSTRAN ANTI KUDETA MENURUT KONVENSI ANTI PENYIKSAAN 1984: Torture By The Myanmar Military Junta Of Anti-Coup Demonstrants According To The 1984 Anti-Torture Convention Biolanda Latifa; Andrey Sujatmoko
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.v6i1.19102

Abstract

Since the coup in 2021, the Myanmar military has been involved in serious acts of violence against demonstrators, raising international concerns. The problem in this research is whether the acts of violence against anti-coup demonstrators by the Myanmar Military Junta can be classified as torture under the 1984 Convention Against Torture and how the resolution of these violence cases can be achieved. The normative research method with literature review and the use of secondary data as research materials is employed. The results of the analysis indicate that the Myanmar Military Junta has committed mass killings, arbitrary detentions, widespread torture of detainees, and political suppression of demonstrators. These practices blatantly violate the provisions of the 1984 Convention Against Torture, which expressly prohibits torture and cruel treatment. Despite Myanmar not ratifying the 1984 Convention Against Torture, the author emphasizes that the Military Junta remains obligated to initiate legal proceedings against the perpetrators of violence, particularly the Tatmadaw personnel. To date, there has been no legal resolution for the violence perpetrated by the military against anti-coup demonstrators, leaving a distressing lack of justice.
ANALISIS IMPLEMENTASI TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERSEROAN DI KECAMATAN KEMBANG JANGGUT KALIMANTAN TIMUR: Analysis Of The Implementation Of Corporate Social And Environmental Responsibility In Kembang Janggut District East Kalimantan Richo Andriyanto; Sri Bakti Yunari
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.v6i1.19119

Abstract

PT. REA Kaltim Plantations is a large-scale oil palm plantation company in Kembang Janggut District, East Kalimantan. This research aims to analyze the implementation of social and environmental responsibility (TJSL) by companies, with a focus on environmental aspects. The problem formulation in this research is how to implement social and environmental responsibility (TJSL) at PT. REA Kaltim Plantations which is environmentally based and what obstacles the company faces in TJSL at PT. REA Kaltim Plantations in its implementation. This research uses empirical research methods using a qualitative approach. The results of research and discussions show that the company has implemented programs related to TJSL, but the achievements are considered not optimal. Some notes of improvement include, among others, the effectiveness of the program in empowering communities, reporting transparency, and active participation in building local sustainability. Companies also face challenges such as the complexity of community needs and environmental dynamics. The conclusion of this research is that companies need to improve TJSL implementation in order to make a greater contribution to sustainable development and welfare of local communities. Recommendations are given to improve the quality and sustainability of the TJSL program by the company.
PEMIDANAAN TERHADAP PELAKU YANG MENDISTRIBUSIKAN GAMBAR PORNOGRAFI: Punishment Of Offenders Who Distribute Pornographic Images Nida Zhakia Jasmine; Andi Widiatno
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.v6i1.19121

Abstract

Decision Number 812/Pid.sus/2021/PN Bjm states that the criminal act of distributing pornographic images, which is regulated in Article 27 paragraph (1) UU ITE Law, is the lex specialist of the Criminal Code because it regulates the dissemination of information through Internet. The formulation of the problem in the decision is pornographic images are included in the moral content of Article 27 paragraph 1 of the ITE Law pornographic images with Article 45 paragraph 1 in conjunction with Article 27 paragraph 1. To answer this problem the research method used is Normative law using secondary data from primary and secondary legal materials accompanied by analytical descriptive research and discussion and research results pornographic images are considered to be moral in Article 27 paragraph 1 of the ITE Law. However, there was a discrepancy in the sentence imposed on the defendant. Even though a prison sentence of 3 years was required, the decision gave a sentence of 2 years, not considering the fact that defendant also committed the crime of creating and manipulating electronic information before distributing pornographic images. The conclusion from this research is that defendant should be sentenced under Article 35 in conjunction with Article 51 of the ITE Law.  
AKTIVITAS KEMILITERAN DI ANTARIKSA DALAM PERSPEKTIF HUKUM ANGKASA (ANGKATAN BERSENJATA ANTARIKSA AMERIKA): Military Activities in Space in the Perspective of Space Law (American Space Armed Forces) Muhammad Alif Ramadhan; Ayu Nrangwesti
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.v6i1.19157

Abstract

This research is motivated by the need to examine the legal justification for militarization in space and the process of forming the United States space military force in order to understand the related legal implications, because the legal basis and suitability are still questionable according to the principles of space law. The formulation of the problem of this article is How is the legality and process of forming the United States space military force with a focus on space law considerations related to militarization in space? The type of research used in writing this article is normative law and is analytically descriptive. The data used is secondary data and data collection is done through literature study, then conclusions are drawn through the deductive method. Data analysis is done by qualitative analysis method. The discussion includes the application of military aspects in outer space and the formation of military forces between the torture itself. The conclusion is formation of the United States Space Armed Forces is not prohibited long it is still in accordance with the ESD Charter and aims for world peace. But for military activities in outer space, this is prohibited, because not accordance with principles of space law.
PERWALIAN TERHADAP CUCU BERUSIA DI ATAS 18 TAHUN DI TAKALAR SULAWESI SELATAN: Guardianship For His Above 18 Years Old Grandchild In Takalar, South Sulawesi Fadhillah Balqis Dasril; Setyaningsih
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.v6i1.19163

Abstract

An unhappy marriage can lead to guardianship of children. The formulation of the problem Can a grandchild over the age of 18 be asked for guardianship according to the Marriage Law and the KHI? And is the judge's decision in accordance with the Marriage Law and the KHI? The research was carried out normatively, the descriptive nature of the analysis, sourced from secondary data, analyzed causatively and drew conclusions with deductive logic. The result is guardianship under the Marriage Law and KHI, there are significant differences. Where in the Marriage Law, guardianship applies if the age of the child is under 18 years old or unmarried or not under the power of his parents. The conclusion is that the pleading for the guardianship regarding the grandchild whose age  above 18 years old using the Article 50 Number 1 of Marriage law is not precisely applied 2) The verdict that have been ruled out by the judge is  not accordance with Article 50 Number 1 of Marriage Law.
TINDAKAN EKSPLORASI DAN EKSPLOITASI GAS OLEH ISRAEL BERDASARKAN UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 1982: Gas Exploration And Exploitation Measures By Israel Under United Nations Convention On The Law Of The Sea 1982 Galih Bima Wasena; Yulia Fitriliani
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.v6i1.19165

Abstract

The dispute over determining maritime boundaries in the East Mediterranean Sea between Lebanon and Israel, which contains natural gas reserves, where Israel carried out gas exploration and exploitation actions in the disputed area, prompted this research to answer the issue of whether Israel's actions constitute a violation of UNCLOS 1982 and how to resolve the dispute according to UNCLOS 1982. This research uses a normative method, where secondary data is processed qualitatively and conclusions are drawn deductively. The research results illustrate that Israel's exploration and exploitation actions in the disputed area of the Eastern Mediterranean Sea have violated UNCLOS 1982, Article 74 paragraph (1), Article 77 paragraphs (1) and (2). Then the resolution of the territorial dispute was carried out by the two countries as a voluntary dispute resolution, which is also stated in UNCLOS 1982 and the UN Charter. Dispute resolution by mediation where the mediator is the United States. Then, Israel and Lebanon agreed on the results of the mediation, this settlement was in accordance with the UN Charter Article 33 paragraph (1).

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