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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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Analisis Putusan Nomor 18.Pid.B/2022/PN_Gst Tentang Tindak Pidana Penganiayaan Yang Menyebabkan Luka Berat : Analysis Of Decision Number 18.Pid.B/2022/PN_Gst Concerning The Criminal Act Of Torture Which Causes Serious Injury Febriolla fransiska sepuwarini; Eriyantouw Wahid
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.v6i2.19246

Abstract

The offence of significant injury is a violation of human life, constituting an act that contravenes the law, as exemplified by the case of severe abuse in decision Number 18.Pid.B/2022/PN_Gst in this instance, the assailant perpertrated sever abuse on the victim by inflicting a stab wound to the victim’s abdomen using a knife, which has the potential to be fatal. The author’s problem is to determine if acts of abuse resulting in severe injuries can be classifiend as attrempted murder according to Article 338 in conjunction with Article 53 paragraph 1 of the Criminal Code?. This study uses descriptive analysis, a normative research method. Using literature findings are as follows: (1) The defendant’s conduct do not satisfy the requirements outlined in article 338, in connection with article 53, of the criminal code. (2) Criminal penalties are not imposed in case decision number 18.Pid.B/2021/PN_Gst employs a punishment theory that encompasses four primary objectives: detterent effect, education, rehabilitation, and social control. For this situation, the appropriate legal provision to addres the criminal act of causing severe bodily harm is Article 351, paragraph 2 of the criminal code.
PERLINDUNGAN HUKUM BAGI KREDITUR PREFERENCE DALAM EKSEKUSI HAK TANGGUNGAN (STUDI PUTUSAN NOMOR 695 K/PDT/2021): Legal Protection For Preference Creditors In The Execution Of Collective Rights (Study Of Decision Number 695 K/Pdt/2021) Irnanda Lucky Ajisaputri; Irene Eka Sihombing
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.v6i1.19253

Abstract

The protection that is guaranteed when mortgage right comes into effect is protection intended by mortgage rights law. Formulation of problem in this research is (1) What is legal protection for Bank Rakyat Indonesia as the preferred creditor, (2) What is the judge's decision in the case of debtor in default in Decision Number 695 K/Pdt/2021. This research includes normative juridical which is descriptive in nature. Results of research and discussion are that legal protection for BRI as the preferred creditor is regulated by Article 6 of Law Number 4 of 1996 and punishes Halim Peace and Serli to pay principal arrears for credit facility for month of September 2019 amounting to IDR 1,320,590,708.00. Conclusion is that legal protection for creditors is provided through Law Number 4 of 1996 Article 6, Article 20 and Article 21 and in Decision Number 695 K/Pdt/2021, judge rejected plaintiffs' lawsuit against debtor in default, allowing the execution of an auction for disputed object in accordance with Article 6 of Law Number 4 of 1996 concerning Mortgage Rights over Land, and ordered payment of principal and interest arrears by debtor to PT. BRI, and ordered cassation applicant to pay court costs amounting to IDR 500,000.00.
PERLINDUNGAN HUKUM ATAS CIPTAAN LOGO PROVINSI PAPUA BARAT MENURUT UNDANG-UNDANG HAK CIPTA : Legal Protection Of The Creation Of The West Papua Province Logo According To Copyright Law Izzah Balqies; Suci Lestari
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.v6i1.19298

Abstract

The West Papua Province logo drawn by Pieter Mambor as an order from the Government of West Papua Provincial, Abraham Octavianus Atururi. However, the West Papua Provincial Government does not provide compensation to Pieter Mambor as the creator of the logo image. The main problem in this articles is how is the legal protection of the creation of the West Papua Province logo based on Law No. 28 of 2014 on Copyright? and whether the decision of the Makassar Commercial Court Number: 3/Pdt.Sus-HKI/Cipta/2022/PN Niaga Mks is accordance Law No. 28 of 2014 on Copyright? This research is normative type, descriptive nature, the main data is secondary data supported by interviews, data collection methods with literature studies, analyzed qualitatively and conclusions are drawn using deductive logic. The result of the research is the legal protection of the creation of the West Papua Province logo which is included in the category of fine art images regulated in Article 40 paragraph (1) of the UUHC and Decision 3/Pdt.Sus-HKI/Cipta/2022/PN Niaga Mks is not accordance with Article 9 paragraph (2) of Law No. 28 of 2014 concerning Copyright. The conclusion is that the logo of Papua province is included in the creation protected by copyright.  
EKSEKUSI HAK TANGGUNGAN TERDAHAP HAK ATAS TANAH SEBAGAI AKIBAT WANPRESTASI PERJANJIAN KREDIT MODAL KERJA (STUDI PUTUSAN NOMOR 3569/K/Pdt/2016): Execution Of Mortgage Rights Regarding Land Rights As Defect Of Working Capital Credit Agreements (Study Decision Number 3569/K/Pdt/2016) Okmeydianti Annur Purwanto; Metty Soletri
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.v6i1.19305

Abstract

Fulfillment of the rights and obligations of the parties in contractual law is guaranteed by law.  In this case, to see what is the right of each party, this is because the debtor is an obligation for the creditor and vice versa.  The formulation of the problem that will be discussed in this article is the procedure for executing mortgage rights carried out in Decision Number 3569/K/Pdt/2016 and its conformity with statutory regulations.  The research method used is normative legal research which is descriptive analytical in nature and the data used is primary and secondary data.  The results of the research and discussion refer to the suitability of the execution of mortgage rights carried out in Decision Number 3569/K/Pdt/2016 with Law Number 4 of 1996 concerning Mortgage Rights.  The conclusion in this article is that the execution of mortgage rights can be carried out through parate execution, executorial title, and private sale and the execution of mortgage rights carried out in Decision Number 3569/K/Pdt/2016 is in accordance with Law Number 4 of 1996 concerning Mortgage Rights.
TINJAUAN YURIDIS PERUBAHAN PENGATURAN JAMINAN HARI TUA BERDASARKAN PERATURAN MENTERI KETENAGAKERJAAN REPUBLIK INDONESIA NOMOR 19 TAHUN 2015 : Juridical Review Of Changes In Old-Age Pension Arrangements Based On Regulation Under Permenaker No. 19/2015 Mohammad Farhan Fajari; Andari Yurikosari
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.v6i1.19337

Abstract

The publication of Minister of Manpower Regulation Number 2 of 2022 was rejected by the public. Responding to this, on March 16 2022, the Minister of Manpower, Ida Fauziyah, explained that the rules for disbursement of Old Age Security (JHT) were in the process of being revised, so that disbursement (JHT) currently refers to Minister of Manpower Regulation Number 19 of 2015 (previous regulation). Permenaker 19/2015 after Permenaker 2/2022 was promulgated, the status is no longer valid and has been revoked with a new regulation (Permenaker 2/2022), so what is the legal status of Minister of Manpower Regulation Number 19 of 2015 if it refers to the regulatory foundations and guidelines in accordance with the Hierarchy Legislative Regulations, Are they in accordance with the Republic of Indonesia Government Regulation Number 12 of 2011 concerning the Formation of Legislative Regulations. The research method used is descriptive normative research based on primary and secondary data, which is analyzed qualitatively by drawing conclusions deductively.
PENGGABUNGAN GUGATAN GANTI KERUGIAN DALAM PERKARA PIDANA PENIPUAN DAN PENCUCIAN UANG TANPA MENEMPUH MEDIASI: Combination of Compensation Claim Cases in Fraud and Money Laundering Criminal Cases That Did Not Undergo Mediation Nafrali Cahya Putri Prakoso; 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.v6i1.19430

Abstract

The existence of regulations regarding combining claims for compensation into criminal cases aims to provide opportunities for victims of criminal acts to obtain material compensation. Decision Number 1907/Pid.B/2021/PN.TNG is a decision in which the Tangerang District Court Panel of Judges granted a request to combine the claim for compensation into the criminal cases with reference to Article 98 and 99 of the Criminal Procedure Code. The formulation of the problem examined is whether the procedural process in examining the merger of claims for compensation in criminal cases carried out without mediation has followed the applicable rules. Normative research method has been used in this research that is followed by descriptive-analytic in nature, using primary and secondary data which is analyzed qualitatively, and conclusions are based on deductive reasoning. The research results show that mediation efforts were not carried out, nor did the Panel of Judges order the parties to undertake mediation efforts. The Conclusion is mediation efforts was not carried out first and the Panel of Judges did not order the parties to take mediation, this is a deviation from PERMA Number 1 Year 2016, so that this mergering cases does not follow the applicable law rules.
AKIBAT HUKUM PENANGKAPAN IKAN DENGAN TIDAK MEMILIKI SURAT IZIN PENANGKAPAN IKAN (STUDI PUTUSAN NOMOR 2/PID.SUS-PRKN/2019/PN.MME): Legal Consequences Of Fishing Without A Fishing License (Decision Number 2/Pid.Sus-Prkn/2019/PN.Mme) Fania Nur Halimah; Endang Pandamdari
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.v6i1.19440

Abstract

A fishing license is a written permitthat every fishing vessel must have to conduct fishing. The formulation of the problem in this study is how fishing by Gani who does not have a fishing license (SIPI) is reviewed from the Fisheries law, and what are the legal consequences of fishing by Gani without a Fishing License (SIPI) based on the Study of decision Number 2/Pid.Sus-Prkn/Pn.Mme. This research uses descriptive normative legal research methods, the type of data uses secondary data and is studied qualitatively, so that way of drawing conclusions uses deductive logic. This research leads to regulations on the supervision and control of fishing activities that damage fisheries resources, which in this case are regulated in west Nusa Tenggara Province Regional Regulation Number 8 of 2020. The result of the study explain that Gani in conducting fishing has violated the provisions of the Fisheries Law, violating the licensing requirements and the use of fishing gear, namely compressors, which caused gani as a ship owner to be found guilty of committing a fishing crime, namely violating Article 27 paragraph 1 of the Fisheries Law, because a Fishing License must be owned when fishing.
PERLINDUNGAN PEKERJA MIGRAN ILEGAL INDONESIA KORBAN PERDAGANGAN ORANG DI MALAYSIA MENURUT PROTOKOL PALERMO TAHUN 2000: Protection of Indonesian Illegal Migrant Workers Victims of Trafficking in Malaysia According to the Palermo Protocol of 2000 Aura Ratrika; Jun Justinar
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.v6i1.19478

Abstract

Human trafficking has been a crime that has existed for a long time. In the present era, human trafficking in Indonesia involves illegal migrant workers moving to other countries without proper documentation. The Indonesian government has ratified the Palermo Protocol as a commitment to combat human trafficking. The issues addressed in this research are the obligations of Indonesia as a signatory to the Palermo Protocol of 2000 and the efforts made by the Indonesian government to prevent and protect Indonesian migrant workers who become victims of human trafficking in Malaysia. This study is a normative research using secondary data. The data is analyzed qualitatively and concluded using deductive methods. Based on the research findings and analysis, it is evident that Indonesia's obligations as a signatory to the Palermo Protocol of 2000 include taking legislative. The Indonesian government protects Indonesian migrant workers who are victims of human trafficking by keeping the victims' identities confidential, providing restitution to the victims, rehabilitating them, offering legal assistance, ensuring social reintegration, and assisting in the repatriation of victims. The conclusion is Indonesia has fulfilled the obligations ordered the 2000 Palermo Protocol by making a number of efforts to prevent and protect illegal Indonesian migrant workers.
USAHA PERIKANAN DI BIDANG PENANGKAPAN BIBIT LOBSTER TANPA SURAT IZIN USAHA PERIKANAN: Review Of Fishery Businesses In The Field Of Catching Lobster Swithout A Fishery Business License Nadhif Ardiyanto; Sri Untari Indah Artati
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.v6i1.19480

Abstract

Every person who carries out a fishing business must have a Fisheries Business License, however there are still fisheries business actors who catch, lobster seeds without a license, as stated in Decision Number 44/Pid/Sus/2017/Pn .Rkb. The problems is What are the obstacles in managing license related to catching, transporting and marketing lobster seeds based on the Fisheries Law and What about fishing businesses in the field of catching, transporting and marketing lobster seeds without being accompanied by a license in Decision Number 44/Pid/Sus/2017/PN.Rkb based on the Fisheries Law? This research is normative legal research, descriptive in nature, using secondary data, supported by primary data in the form of interviews, analyzed qualitatively and conclusions drawn using the deductive method. The result and conclusion is the obstacles for fisheries business actors in arranging license are lack of socialization and minimal information from the government regarding the procedures for submitting that. In this case, it was proven that Apud, who is a lobster cultivator, violated Article 92 of the Fisheries Law. the government should re-socialize licnese and judges in deciding cases should consider the Ministry of Maritime Affairs and Fisheries Regulation Number 17 of 2017 concerning Management of Lobster and crab.
ANALISIS KEADILAN RESTORATIF DALAM TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA GOLONGAN I (PUTUSAN NOMOR 1129/PID.SUS/2021/PN.JKT.UTR): Analysis Of Restorative Justice In Criminal Act Of Narcotics Abuse Group I (Decision Number 1129/Pid.Sus/2021/Pn.Jkt.Utr) Aprillia Tiara Yunita; Maria Silvya E. Wangga
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.v6i2.19482

Abstract

The process of resolving criminal cases involving narcotics abuse through rehabilitation is implemented based on the principles of restorative justice, taking into consideration judicial principles such as cost-effectiveness, simplicity, speed. Narcotics abuse is considered a criminal offense requiring specialized handling. This research centers around the application of Restorative Justice in Criminal Cases of Narcotics Abuse in Group I, in accordance with the Narcotics Law. This study adopts a normative research approach utilizing secondary data. The nature of the research is descriptive, with qualitative data analysis and conclusions drawn through deductive reasoning. The research findings reveal that, despite the mandate for rehabilitation stipulated in Law Number 35 of 2009 concerning Narcotics, the practical implementation often deviates from legal provisions. The conclusion is based on Decision Number 1129/Pid.Sus/2021/PN.Jkt.Utr, the Panel of Judges was expected to adjudicate the Defendant for Drug Abuse, thereby warranting their provision of medical treatment, care, and rehabilitation within designated medical and/or social rehabilitation facilities.

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