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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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MASALAH PENGENAAN IURAN PENGELOLAAN LINGKUNGAN DI APARTEMEN MANGGA DUA COURT: The Problem Of Imposing Environmental Management Fees At Mangga Dua Court Apartment Zifanya Kesysha Ramadhani; Anda Setiawati
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.v6i1.19486

Abstract

Living in apartment will burdened with obligation to pay Environmental Management Fees. In several cases, developers who previously PPPSRS administrators are unwilling to pay fees if their management has transferred to new administrators from apartment owners. Consequently, issue of fees withdrawal leads to disputes in court. The problem in this research is what the basis for the imposition of fees at the Mangga Dua Court Apartment and whether the judge's consideration in decision No. 190/Pdt.g/2021/PN Jkt.Utr which ordered PT Duta Pertiwi to pay fees is in line with the provisions of the law. Research method uses a type of normative legal research by using secondary data obtained trough library research by descriptive research. The results of the research by the judges of the North Jakarta District Court in decision number 190/Pdt.G/2021/PN Jkt. Utr stated that PT. Duta Pertiwi's actions were acts default for violating the bylaws of the Mangga Dua Court Apartment and the authority to withdraw fees in PPPSRS management or Management Board appointed by the PPPSRS based on PPSRS bylaws. Conclusion, avoiding similar things, it is better for apartment owners and residents to carry out their obligations and fulfill the provisions in the PPPSRS by laws.
- Analisis Pasal 338 Jo Pasal 53 Ayat (1) KUHP dalam Putusan 596/PiD.B/2022/PN.Btm Tentang Penganiayaan: - Erza Nabira; Sutrisno
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.v6i2.19501

Abstract

The punishment for the criminal offense of the application of Article 338 jo. Article 53 paragraph (1) of the Criminal Code committed by the defendant Putra Susanto bin Satiman, is based on the sanctions imposed by the judge on the defendant who committed the crime of attempted murder. The formulation of the problem in this article is whether the application of Article 338 jo. Article 53 paragraph (1) of the Criminal Code against the perpetrator of the crime of persecution in Decision Number 596/Pid.B/2022/PN Btm is appropriate or not? And whether the imposition of imprisonment for 7 (seven) years in Decision Number 596/Pid.B/2022/PN Btm is appropriate with the purpose of punishment. This research method uses a normative juridical research type that is descriptive analytical, using secondary data obtained through literature studies and processed qualitatively and then drawing conclusions in a deductive manner. The results that The application of Article 338 jo. Article 53 paragraph (1) of the Criminal Code was not appropriate because the defendant's actions did not constitute the crime of attempted murder, but rather persecution. In conclusion, the application of Article 338 jo. 53 paragraph (1) of the Criminal Code in Decision Number 596/Pid.B/2022/PN Btm is not appropriate.
A, THE ANALISIS TERHADAP NILAI KEBARUAN DESAIN INDUSTRI BABYBATHUB BERDASARKAN UNDANG - UNDANG NOMOR 31 TAHUN 2000 TENTANG DESAIN INDUSTRI (Studi Putusan Nomor 5/Pdt-Sus/HKI/Desain/2019/PN Sby): ANALISIS TERHADAP NILAI KEBARUAN DESAIN INDUSTRI BABYBATHUB BERDASARKAN UNDANG - UNDANG NOMOR 31 TAHUN 2000 TENTANG DESAIN INDUSTRI Muhammad Danang Puruhita; Aline Gratika Nugraharani
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.v6i2.19504

Abstract

In Case No. 5/Pdt-Sus/HKI/Desain/2019/PN Sby there was a dispute between the owner of the industrial design certificate that there were parties who objected to the industrial design of the Baby Bathub tub owned by the defendant. The Baby Bathub industrial design is considered a public domain industrial design by the plaintiff. The formulation of the problem in this study is how an industrial design can be said to be a novelty value whether the consideration of the Directorate General of Intellectual Property Rights in granting the application for registration of the Baby Bathub Industrial Design is in accordance with Law No. 31 of 2000 concerning Industrial Design. This research method is normative research with descriptive research nature, using primary and secondary data. by using qualitative analysis accompanied by data conclusions using deductive logic. The results of the research show that adianta tanudirjo as the defendant is considered innocent and does not violate Law No. 31 of 2000 concerning Industrial Design. The conclusion of disputes regarding the novelty value of industrial design Bathtub owned by adianta tanudirjo is not an industrial design owned by the public (Public Domain) but already has the value of novelty (Novelty).
TINDAK PIDANA PENGANIAYAAN YANG DIRENCANAKAN MENGAKIBATKAN LUKA BERAT: The Planned Criminal Act of Assault Resulted in Serious Injury Daffa Fauzan Wanutama; Vientje Ratna Multiwijaya
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.v6i2.19507

Abstract

There have been cases of abuse that resulted in serious injuries to the victim, a stabbing that effects the chest can cause death and this act carried out with prior planning by the defendant Andes with took a pair of scissors from inside his house then chased the victim and stabbed him with the scissors. Through a case study of Decision No. 236/Pid.B/2020/PN Tbk, then the problem formulation that the author can put forward in the research, namely whether the perpetrator of the criminal act of abuse was commited planned to cause serious injury is appropriate based on Article 351 paragraph (2) Criminal Code. This research uses a normative juridical type of research analytical descriptive, using types of secondary data obtained through study literature and processed qualitatively then draw conclusions deductively. The research concludes that the perpetrator's act of planned maltreatment causing serious injury isn't suitable under Article 351 paragraph (2) of the Criminal Code. Given the premeditation involved, Article 353 paragraph (2) of the Criminal Code is more fitting. The conclusion is that the verdict's punishment imposition is inappropriate.
ANALISIS YURIDIS PERCERAIAN PADA PENGADILAN AGAMA DI NEGARA INDONESIA DAN BRUNEI DARUSSALAM: Juridical Analysis of Divorce in Religious Courts in Indonesia and Brunei Darussalam Wahyu Saputra; Ning Adiasih
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.v6i1.19510

Abstract

There are differences in the settlement of divorce between Indonesia and Brunei Darussalam. The formulation of the problem is the similarities and differences in divorce arrangements according to Indonesian law and Brunei Darussalam law and how the divorce procedure in religious courts and the Sharia Court. The research was conducted normatively, descriptive analysis, sourced secondary data based on Primary and Secondary legal materials, analyzed caulitatively and drew conclusions with deductive logic. The results of the discussion found similarities in the divorce process in the Religious Court and the Sharia Court and differences in Brunei Darussalam allow for divorce to be carried out by the Sharia Court and while in Indonesia it does not regulate divorce outside the court. The conclusion is that broadly speaking the law on divorce in Indonesia and Brunei Darussalam has 2 similarities and 5 differences.
- ANALISIS PENYERTAAN PELAKU TINDAK PIDANA JUDI TOGEL ONLINE : - Jozevin Elizabeth; Ermania Widjajanti
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.v6i2.19532

Abstract

Propels within the world of data and innovation have given birth to a better approach of betting, specifically online betting. This new method gives rise to numerous troubles in revealing a web betting case, both to decide the culprit of online betting and to decide the put and time of the occurrence as well as legitimate obligation for the culprit of online betting. The detailing of the issue is what frame the culprit of the criminal act of online lottery betting takes. The inquire about strategy was carried out normatively with the nature of the inquire about utilizing expository expressiveness, the sort of information utilized was auxiliary information, subjective information investigation and conclusion drawing based on the deductive rationale strategy. The comes about of the inquire about and talk are the reality that individuals working closely together to carry out unlawful acts is the foremost critical angle, and it is conceivable that typically the greatest portion of being a portion of carrying out these acts. In this case, the shape of support utilized is the individual who took portion in carrying out the activity. The conclusion is Participation in this scenario will take the form of a Participating Person (Medepleger).
Pemidanaan Terhadap Tindak Pidana Penipuan (Studi Putusan No. 1096/Pid.Sus/2020/PN Jkt.Brt): Criminalization of the Crime of Fraud (Study Decision Number 1096/Pid.Sus/2020/PN Jkt.Brt) Adinda Putri Elin; Ermania Widjajanti
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.v6i2.19533

Abstract

Based on the Public Agency for Statistics, during Covid 19, Crime in Indonesia increased, the highest number of crimes in Metro Jaya was 5,115 incidents. One of them is in Decision No. 1096/Pidsus/PN Jkt.Brt, the judge charged the defendant with Article 372 of the Criminal Code on Embezzlement, but the elements were not fulfilled. The formulation of the problem of this article is how the suitability of the Sanctions imposed by the Judge's Decision is appropriate in (Study of Decision No. 1096/pid.sus/2020/PN Jkt.Brt) and how the suitability of Criminal Sanctions on the Perpetrator of the Crime of Fraud is in accordance with the objectives of punishment (Study of Decision No. 1096/Pid.sus/2020/PN Jkt.Brt). This research method uses normative juridical research which is descriptive analytical in nature, using secondary data obtained through literature studies and processed qualitatively and then drawing conclusions in a deductive manner. The results of the discussion of the defendant did not fulfill the elements of Article 372 of the Criminal Code and the punishment used retributive theory. The conclusion is that there is a discrepancy with the punishment imposed by the judge and the imposition of criminal sanctions is in accordance with the purpose of punishment.
IMPLEMENTASI PENATAAN ASET DAN PENATAAN AKSES DI KELURAHAN TONGOLE KOTA TERNATE: Asset Reform and Access Reform Implementation on Tongole Sub-district Ternate City Marcel Ridho Juniarto; Endang Pandamdari
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.v6i2.19546

Abstract

Implementing agrarian reform activities in the Ternate City Land Office requires a careful balance between asset reform activities and access reform activities in order to create justice in the distribution and utilization of land resources. the formulation of the problem in this article is how the conformity of Asset Arrangement and Access Arrangement of the Agrarian Reform program in Tongole Village, Ternate City with Presidential Regulation No. 86 of 2018? and what are the obstacles faced in the implementation of Asset Arrangement and Access Arrangement in Tongole Village, Ternate City. This research method uses a normative juridical research type that is analytically descriptive, using secondary data types obtained through literature studies and processed qualitatively and then drawing conclusions in a deductive way.  The results of the discussion show that there is an urgent need to improve the implementation of asset management capacity and access management in Tongole Village, Ternate City in accordance with Presidential Regulation Number 86 of 2018. The conclusion is that there are still problems in asset management and access management in Tongole Village, Ternate City. These challenges are in direct conflict with Presidential Decree 86/2018.
PENEGAKAN HUKUM KEIMIGRASIAN TERHADAP WARGA NEGARA ASING ASAL MYANMAR DALAM PEMALSUAN PEMBUATAN PASPOR BERDASAR STATUS CONFIRMATION : Enforcement Of Immigration Laws Against Foreign Citizens Of Myanmar For Forgery Producing Passports Based On Confirmation Status Samuel Timoty; Tri Sulistyowati
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.v6i2.19547

Abstract

Immigration crime in the form of providing false information in terms of efforts to apply for the manufacture of travel documents of the Republic of Indonesia (Passport). The formulation of the problem is how the occurrence of immigration crimes committed by foreign nationals from Myanmar in making Indonesian passports, and whether the Immigration Law Enforcement of Myanmar foreign nationals contained in Decision Number 361/Pid.Sus/2022/PN.Dum is in accordance with Law Number 6 of 2011 concerning Immigration. The type of research used in answering these problems uses normative juridical legal research, descriptive in nature, the data used is secondary data, and primary data as secondary data support which is analyzed qualitatively and how to draw conclusions using deductive logic. The result is the investigation process by the Immigration PPNS, and is subject to criminal sanctions by the Dumai District Court as contained in Article 126 letter C of Law Number 6 of 2011 concerning Immigration for 5 months imprisonment, and a fine of Rp 100,000,000.00 in lieu of imprisonment for 2 months. In conclusion, the occurrence of Immigration Crimes in the form of providing false data information. the acts committed have the content of imprisonment sanctions, and fines.
TINDAK PIDANA PENCURIAN DENGAN KEKERASAN DI MALAM HARI DALAM PASAL 365 KUHP (STUDI PUTUSAN NOMOR 19/PID/B/220/PN Jkt.Pst): - Arief Gunawan; Fachri Bey
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.v6i2.19548

Abstract

The research begins with a theft incident on Thursday at 19:00 WIB at Graha Cemapak Mas Kemayoran Apartment, where the suspect, armed with a brown-handled knife, confronted witness Purnamawati Pasaribu. Frightened, the victim complied, resulting in the handover of money. The formulation of the problem in this research is whether or not the perpetrator's actions have fulfilled the elements of Article 365 paragraph (1) Jo. paragraph (2) and whether the imposition of criminal sanctions in Decision Number 19/Pid.B/2020/PN.Jkt.Pst which decided that the defendant violated Article 365 paragraph (1) of the Criminal Code was correct. The research methods are normative juridical, analytical descriptive and qualitative. The results of the research and discussion show that the actions carried out by the sender have fulfilled the formulation of the elements contained in the indictment of Article 365 paragraph (1) Jo. paragraph (2) of the Criminal Code. The conclusion of this research is that the decision that provides a prison sentence of 1 year and 6 months is not appropriate, and the defendant should be subject to the provisions of Article 365 paragraph (1) in conjunction with paragraph (2) number 1 of the Criminal Code with a maximum prison sentence of 12 years.

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