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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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LEGALITAS WILAYAH TERITORIAL AUSTRALIA DI BENUA ANTARTIKA DALAM PENANGKAPAN IKAN PAUS DI AUSTRALIAN ANTARCTIC TERRITORY BERDASARKAN UNCLOS 1982 : Legality Of Australian Territory In The Antarctic Continent In Whaling The Australian Antarctic Territory Based On UNCLOS 1982 Harris Novyar Rages; Amalia Zuhra
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.v6i1.19170

Abstract

Japan through the JARPA program (Japanese Whale Research Program under Special Permit in the Antarctic) from 1987-2005 applied for a special permit to conduct whaling to the International Whaling Commission (IWC). In 2005 Japan resumed the JARPA program through the Second Phase of the Japanese Whaling Research Program under Special Permit in the Antarctic (JARPA II) policy. Related to this, the problem formulation of this article is: Is the territorial area owned by Australia on the Antarctic continent in accordance with the 1959 Antarctic Treaty? Then, how is the implementation of the principle of common heritage of mankind by Australia in the case of JARPA II? The type of research used in writing this article is normative juridical and the data used is secondary data, and the way of drawing conclusions in this research is done deductively. The Results of this research is that the claim owned by Australia in the AAT is valid, because based on its history, Australia already owned the area long before the ratification of the 1959 Antarctic Treaty. Furthermore, the conclusion is the country has actively sought to protect and promote the sustainability of natural resources in the AAT.
PERBANDINGAN SISTEM PARLEMEN BIKAMERAL DI INDONESIA DAN FILIPINA : Comparison Of The Bicameral Parliament System In Indonesia And The Philippines Ibnu Kuncoro; Ninuk Wijiningsih
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.v6i1.19180

Abstract

The bicameral parliamentary is a system of division of chambers in parliaments. The chambers of Parliament are divided into two chambers, consisting of the upper house and the lower house. In Indonesian parliament, there are still differences of opinion among experts on the application of which chamber system. Some experts argue that Indonesia implements soft bicameralism, and some argue that Indonesia also applies tirkameral. Based on this, comparison of the bicameral systems in Indonesia and the Philippines was carried out. The problem of this research is: 1) Are the differences and similarities of the bikameral system in the legislative bodies of Indonesia and Filipina?, 2) Are the advantages and disadvantages of the bicameral scheme applied by Indonesia and the Philippines? This research is typical normative juris, which is descriptive, with primary sources of secondary data, which are analyzed qualitatively with the method of deductive inference. The result and conclusion of the study is that there is a fundamental similarity in the bicameral parliamentary system in Indonesia and the Philippines: all legislative bodies are elected by general election, as well as obtaining the common duties of the legislative body, and there are differences in the balance of powers between the chambers.
PENGGUNAAN KARYA CIPTA @AKUBAYIGULA PADA THREAD TWITTER OLEH YOUTUBER NESSIE JUDGE: Use Of @Akubayigula’s Copyrighted Work On Twitter Thread By Youtuber Nessie Judge Laura Marthilda Rawentinah Kigogo; Aline Gratika Nugrahani
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.v6i1.19189

Abstract

Social media content is often used by others by not appreciating the effort, which have the potential of copyright infringement such as the recent case which @akubayigula's copyright work was used by Nessie Judge without permission so the thread’s owner being objection. The problem in this research is how the legal protection of @akubayigula's twitter thread based on Copyright Law and whether the use of @akubayigula's twitter thread by Youtuber Nessie Judge is copyright infringement. This research is normative legal research, descriptive in nature, using primary and secondary data, data collection using literature study and interviews, drawing conclusions using the deductive method.The result of this research based on article 40 of law of the Republic Indonesia number 28 of 2014 on copyright, thread @akubayigula is copyrighted work. The conclution is Nessie Judge's actions is a copyright infringement specifically included in the copyright infringement form of announcement, distribution, and communication of creation.
PERBANDINGAN PENYELESAIAN SENGKETA PEMILIHAN UMUM PRESIDEN DI INDONESIA DAN BRASIL : Comparison of Presidential General Election Dispute Resolution in Indonesia and Brazil Billy Herlambang Rahmat Hidayat; Ninuk Wijiningsih
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.v6i1.19193

Abstract

Elections there are violations which are called general election disputes. In Indonesia, the dispute resolution regarding the Presidential election is resolved by several related institutions. In Brazil, disputes related to violations in the Presidential election are resolved by an authorized institution, namely the Superior Electoral Tribunal. The problems in this study are: What are the similarities and differences between the mechanisms for resolving presidential election disputes in Indonesia and Brazil, and whether the mechanisms for resolving presidential election disputes in Indonesia and Brazil are in accordance with the laws and regulations. This research is normative research, using secondary data, descriptive in nature, analyzed qualitatively, and deductive inference. The results are similarities related to rules set forth in laws and regulations in each country, having authorized institution in the presidential election dispute, the involvement of the judiciary and the decision is final and binding. The differences are related to the authorized institution in resolving presidential election disputes, the time of the presidential election dispute resolution process, and in terms of the results of decisions related to the presidential election dispute resolution mechanism. The conclusion is, Indonesia and Brazil have similarities and differences in resolving presidential election conflicts.
WEWENANG PELAKSANA TUGAS BUPATI KABUPATEN BOGOR DALAM PEMERINTAHAN BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2014: Authority To Execute Duties Of Regent Of Bogor District In Government Based On Law Number 23 Of 2014 Zahra Khairunisa; Reni Dwi Purnomowati
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.v6i1.19199

Abstract

Acting Officer is a temporary position specifically assigned to fill vacancies that occur with the aim of keeping the wheels of government running. The formulation of the problem in this article is whether the appointment of the acting Bogor Regency Regent is appropriate based on Law Number 23 of 2014 concerning Regional Government and how the authority of the acting Bogor Regency Regent in carrying out Regional Government duties based on Law Number 23 of 2014 concerning regional government. The research method used is normative, analyzed descriptively qualitative and drawing conclusions with deductive logic. The results of the research and discussion are the authority and duties of the PLT Regent of Bogor Regency are only based on general regulations, namely Article 65 paragraphs (1) and (2) concerning Regional Government which contains the Authority and Regional Head, not the PLT, and the authority of the PLT is limited by Article 132 A paragraph 1 of Law Number 49 of 2008. The conclusion is that there are no regulations that specifically regulate the Appointment of PLT Officials.
PENAFSIRAN HUKUM HAKIM YANG DIGUNAKAN DALAM MEMUTUS PERKARA KORUPSI BANSOS JULIARI BATUBARA : Judicial Interpretation Used in Deciding the Corruption Case of Social Assistance Funds (BANSOS) of Juliari Batubara Johannes Agustinus Riady; 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.v6i1.19202

Abstract

Indonesia is one of the countries that adheres to the Continental European Legal System (Civil Law System), where the legal system heavily relies on statutory regulations. However, if the written laws are not found or are insufficient, judges have the authority to interpret the law in deciding a case. In 2020, during the impact of the Covid-19 virus in Indonesia, the Minister of Social Affairs, Juliari Batubara, was implicated in corruption related to the procurement of social assistance funds (bansos) amounting to Rp. 32 billion. The research question to be discussed is what legal interpretation was employed by the judge in deciding the corruption case related to bansos committed by Juliari Batubara (verdict number 29/pid.sus-TPK/2021/PN.JKT.PST). The research method used is normative and analyzed descriptively qualitatively. The research findings indicate that the judge's legal interpretation in deciding this case is based on a comprehensive analysis of each article and written law, correlated with the evidence revealed during the trial. Consequently, in the verdict, the judge has a thorough conviction. The conclusion drawn from this research is that the judge, in deciding the bansos case involving Juliari Batubara, employs a systematic and logical legal interpretation.
TINDAK PIDANA MENYALAHGUNAKAN NARKOTIKA GOL 1 BUKAN TANAMAN (Studi Kasus Pada Putusan No. 1163/PID.SUS/2020/ PN Jkt.Pst): The Criminal Offense Of Using Narcotics Category 1 Non-Plant Drugs (Court Judgment on Decision Number 1163/PID.SUS/2020/ PN Jkt.Pst) Sezi Hanugrah Suherman; Anang Iskandar
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.v6i1.19204

Abstract

Narcotics is substance or drug that can be useful and for the treatment of certain diseases. However, use that not suitable for treatment will cause harm to the community. Narcotics abusers should be sentenced to rehabilitation, but in fact in decision No. 1163/PID.SUS/2020/ PN Jkt.Pst the judge imposed prison sentence of 3 years. The problem of how the form of punishment for people who abuse narcotics category 1 non-plant according to case No. 1163/PID.SUS/2020/ PN Jkt.Pst, and how the judge's consideration in imposing sanctions on the defendant in Decision No. 1163/PID.SUS/2020/ PN Jkt.Pst. The type of research is Normative Juridical with the nature of analytical descriptive research, by secondary data literature study is carried out. Analyzed with qualitative and deductive logic conclusions. The results showed that the judge-imposed Article 127 paragraph 1 and 3 years imprisonment to the defendant was considered inappropriate, because the verdict the defendant was only proven to use narcotics for himself, which according to Law No. 35 of 2009 concerning narcotics, the judge is obliged to sentence rehabilitation the abuser. In determining whether misuser should be rehabilitated, there must be evidence proving that the misuser is victim.
PELANGGARAN HAK ASASI MANUSIA DALAM KERUSUHAN DI STADION KANJURUHAN MALANG BERDASARKAN HUKUM HAK ASASI MANUSIA: Violation of Human Rights in the Riot at Kanjuruhan Stadium Malang Based on Human Rights Law Farhan Ananda Putra; Reni Dwi Purnomowati
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.v6i1.19225

Abstract

A football match on October 1, 2022 at the Kanjuruhan stadium in Malang ended in a riot. Related to this, the security forces used tear gas to overcome the riots, but allegedly due to the excessive use of tear gas, it resulted in the loss of 135 lives in the stadium. The large number of casualties certainly raises issues regarding human rights. The problems to be examined in this article are whether there was a violation of human rights in the riot at Kanjuruhan stadium and how is the recovery of victims of the riot at Kanjuruhan stadium based on human rights law. This article is a normative legal research, descriptive in nature, then using primary and secondary data. Conclusions are drawn using the deductive method. Result and concludes that there was a violation of human rights to the right to life of people who were in the stadium during security that led to the loss of hundreds of lives. Recovery of the victims of the riot at the Kanjuruhan stadium in Malang was carried out by the government through Kemenkopolhukam by providing money of IDR 50 million for each victim who died and free health services for the injured.
Indonesia ANALISIS KOMPARASI PROSEDUR PELAKSANAAN HUKUMAN MATI INDONESIA DAN THAILAND: Comparative Analysis Of Death Penalty Implementation Procedures In Indonesia And Thailand Calvino Endryan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19226

Abstract

In Indonesia, the death penalty is carried out by an execution team, following regulations outlined in Presidential Decree No. 2 of 1964 on the Execution Procedure of the Death Penalty by General and Military Courts, and National Police Chief Decree No. 12 of 2010 on the Implementation Procedure of the Death Penalty. In contrast, Thailand administers the death penalty through lethal injection, based on the Thai Penal Code B.E. 2499, 1956. The formulation of this research problem is the similarities and differences in the implementation of the death penalty in Indonesia and Thailand, and the weaknesses and strengths of the implementation of the death penalty in Indonesia and Thailand. The research was carried out using a normative juridical research method, using secondary data which collected data through literature study and qualitative analysis. The research results show that the death penalty regulations in Indonesia and Thailand have similarities and differences. Similarities include procedures before carrying out an execution and differences regarding the execution. And the research results illustrate the weaknesses and strengths of the implementation of the death penalty between Indonesia and Thailand which can be used as an evaluation for the two countries.
TINDAK PIDANA PERKOSAAN TERHADAP PEREMPUAN PADAHAL DIKETAHUI DALAM KEADAAN PINGSAN YANG DILAKUKAN SECARA BERSAMA-SAMA (PUTUSAN NOMOR 92/PID.B/2021/PN JKT.UTR): Crime Of Rape Woman Though Known to be in a State Unconsciousness Committed Jointly (Decision Number 92/Pid.B/2021/PN Jkt.Utr) Nadya Tri Astuti; Vience Ratna Multiwijaya
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.v6i1.19245

Abstract

The crime of rape against women is an act of two or more people committing rape against a woman outside of marriage even though the woman is known to be unconscious. The problems in this research are, Is Judge’s Decision Number 92/Pid.B/2021/PN Jkt.Utr in the crime of rape against the victim appropriate or not based on Article 285 of the Criminal Code?, What are the categories of participation in the crime of rape committed jointly in Decision Number 92/Pid.B/2021/PN Jkt.Utr. This research uses a normative research type with secondary, analytical descriptive data which is analyzed qualitatively by drawing conclusions deductively. The result and conclusions, That Judge’s Decision Number 92/Pid.B/2021/PN Jkt.Utr is not appropriate based on Article 285 of the Criminal Code because the victim’s helplessness was not caused by the perpetrator’s actions, but rather the victim was unconscious due to being very drunk. Category of participation in case Decision Number 92/Pid.B/2021/PN Jkt.Utr is a from of participation in the crime of rape. This is because there is conscious cooperation and physical cooperation or implementation carried out by the perpetrator. Pperpetrator may be subject to Article 286 of the Criminal Code in conjunction with Article 55 1 of the Criminal Code.

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