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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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TINDAK PIDANA PENGGELAPAN KARENA HUBUNGAN KERJA SECARA BERSAMA-SAMA (PUTUSAN NO 3557/PID.B/2021/PN MDN) : Crime of Embezzlement Due to Collaborative Employment Relationships (Decision No. 3557/PID.B/2021/PN MDN) Gusti Muhammad Reza Meldianta Rahman; 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.v6i2.19588

Abstract

The economic conditions that are being impacted by Covid 19 are one factor in the occurrence of criminal acts of embezzlement. In criminal acts, embezzlement often occurs because of a joint work relationship. At trials it is often found that perpetrators of embezzlement due to work relationships are subject to ordinary embezzlement crimes, as is the case with decision No. 3557/PID.B/2021/PN MDN. The issues raised are 1) are the actions of the perpetrator of the crime of embezzlement due to a joint work relationship appropriate based on Article 372 of the Criminal Code? (Study Decision Number 3557/Pid.B/2021/PN Mdn) and 2) how do perpetrators jointly commit the crime of embezzlement due to work relationships? (Study Decision Number 3557/Pid.B/2021/PN Mdn). The normative juridical used in this research is descriptive analytical in nature. The use of secondary data then uses qualitative analysis which is drawn logically deductively in drawing conclusions. The result is: 1) It is not appropriate to use Article 372 of the Criminal Code in this case, 2) Taking part is a form of participation in this case. In conclusion, this criminal act is included in embezzlement under Article 374 of the Criminal Code.
Merek Sunan Drajat Garam Sehat Berkhasiat sebagai Merek yang Tidak Dapat Didaftarkan : Trademark “Sunan Drajat Garam Sehat Berkhasiat” as an Unregistrable Trademark Neviar Amira Emor; Dian Purnamasari
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.v6i2.19653

Abstract

There is legal ineffectiveness related to the conditions of trademarks that cannot be registered and can be rejected as stated in the fourth chapter of Law Number 20 Year 2016 on Trademarks and Geographical Indications (MIG Law). This legal scientific work discusses whether the trademark “Sunan Drajat – Garam Sehat Berkhasiat” can be categorized as an unacceptable trademark under the MIG Law because it contains elements of a famous person's name and claims to have efficacious products. This research is normative legal research and is descriptive, using secondary data obtained through literature studies. The data is processed qualitatively and conclusions are drawn using deductive logic. Based on the results, there are discrepancies in the implementation of the MIG Law, especially Articles 20 and 21, in processing trademark applications in Indonesia. The trademark “Sunan Drajat – Healthy Salt Efficacious” uses the name of a famous person and should be refused registration. Additionally, it uses the word "Efficacious," which needs further examination because it can cause confusion if the description is not accurate. The conclusion is that the mark should not be registered at the Directorate of Trademarks and Geographical Indications under Article 20 letter d of the MIG Law.
PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA TERHADAP PELAKU PENCABULAN ANAK YANG MENDERITA DISABILITAS INTELEKTUAL (STUDI PUTUSAN NOMOR 135/PID.SUS/2018/PN BTG): The Judge's Considerations In Sentenced Criminal Against Child Abuse Offenders Suffering From Intellectual Disabilities Owen Chinua Saragih; 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.v6i2.19663

Abstract

The crime of child molestation can be committed by anyone, in this case the perpetrator of child molestation has an intellectual disability. The formulation of the problem this research is whether the judge's consideration in imposing a 5 year prison sentence on the perpetrator of the crime of obscene acts on a child who has a mental disorder is correct and what is the strength of the evidence from expert testimony on the perpetrator of the crime of an obscene act on a child who has a mental disorder. The research method is descriptive analytical with secondary data analyzed qualitatively, type of research is normative juridical. The results of the research and discussion show that the judge's considerations in this case imposed a criminal sentence of 5 (five) years on the perpetrator because the judge assumed that the perpetrator could be responsible for his actions, even though the perpetrator as in this case was mentally retarded, he was still sentenced because he was declared capable of responsibility. Conclucion case could be returned to the law regarding legal competence, eliminating the basic crime because forgiveness could given if the fraudster is unable to take responsibility (Article 44 of the Criminal Code).
TINJAUAN YURIDIS KEGIATAN PENDAFTARAN TANAH SISTEMATIS LENGKAP DI JAKARTA PUSAT (STUDI DI KELURAHAN KEMAYORAN) : Juridical Review of Complete Systematic Land Registration Activities in Central Jakarta (Study in Kelurahan Kemayoran) Azka Hady Suryajaya; Novina Sri Indiraharti
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.v6i2.19683

Abstract

Complete systematic land registration (PTSL) in Central Jakarta has been started since 2017 with target of 4.000 plots land, covering 11 Kelurahan, including Kemayoran Kelurahan. The formulation the problem in this study is 1) Are PTSL activities in Kemayoran village in accordance with the provisions of applicable laws and regulations? 2) What are the legal obstacles that occur in the implementation of PTSL activities in Kemayoran sub-district and how can legal solutions be carried out there are legal obstacles? The research method used in study uses normative legal research, with descriptive secondary data, which is analyzed qualitatively using deductive conclusions. The results and conclusions this study are PTSL activities in Kemayoran village accordance with PP No. 24 of 1997 and PMNA No. 3 of 1997, but in the provisions regarding conversion of registered land plots, old land rights that should be with property rights, are only converted into HGB stipulated in Article 26 letter A of ATR/BPN Ministerial Regulation No. 6 of 2018. The legal obstacle that occurs to citizens is lack of files. Legal settlement can done by making statement letter physical control land parcels and people who have not paid BPHTB and Income Tax can make statement letter.
PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERSETUBUHAN KEPADA ANAK (PUTUSAN NOMOR 2/PID.SUS-ANAK/2021/PN.SGR): Application of criminal sanctions against perpetrators of sexual intercourse witha children (desicion Number 2/Pid.Sus-Anak/2021/PN.Sgr) Audric Farell Nolan; Setiyono
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.v6i2.19691

Abstract

This research is motivated by criminal acts of decency, especially sexual intercourse with children which are increasingly widespread. The formulation of the problem in this study is whether the imposition of criminal sanctions below the minimum criminal sanction by the panel of judges in Decision Number 2/Pid.Sus-Anak/2021/PN.Sgr is in accordance with the provisions of Article 81 Paragraph (2) of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2001 concerning child protection? and whether the imposition of sanctions by the panel of judges in Decision Number 2/Pid.Sus-Anak/2021/PN.Sgr is in accordance with the objectives of punishment. This research uses a descriptive analytical normative legal research method which is analyzed qualitatively with deductive logic inference. The research found that the judge's decision in the verdict doesn't align with Article 81 Paragraph (1) of the Child Protection Law, which mandates a sentence of at least 5 years and maximum 15 years, and the punishment's purpose focuses on benefits. The conclusion is that this decision leads to unmet legal objectives, causing legal uncertainty and injustice for victims. The punishment for child defendants aligns with a utilitarian perspective.
The Alleged Tender Conspiracy in the Tanjung Pandan-Simpang Empat Road Widening Improvement Project, Bangka Province Based on Business Competition Law.: The form and suitability of tender rigging decisions based on Law No. 5/1999, regarding applicable business competition law and procurement of government goods and services. Muhammad Ardin Ardiansyah; Sharda Arbianti
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.v6i2.19692

Abstract

KPPU conducted an investigation into the Improvement and Widening of the Tanjung Pandan-Simpang Empat Road (Package 3) of Bangka Belitung Province for alleged violations of Article 22 of Law No. 5/1999 regarding Tender Conspiracy. The problem formulation is regarding what form of conspiracy is carried out by the parties reported parties I, II, III, and IV in KPPU decision Number 26/KPPUI/2019 and whether the panel's considerations in KPPU Decision Number 26/KPPU-I/2019 are in accordance with Article 22 of Law No. 5/1999. The research method use normative research methods and data sources according to secondary data. The results of the research and discussion found there are indications of horizontal collusion in the form of same IP address, format and typing errors in the RK3K document, the connection of the business actors, the deliberate omission of the Batching Plant document, the involvement of the tender committee in passing documents that indicate similarities. The conclusion obtained based on the research results shows that there is an element of "cooperation or coordination" to "create false competition", so that the Commission Council's decision say that the Reported Parties are not guilty is not in accordance with the provisions of Article 22 of Law no. 5/1999
PEMIDANAAN PELAKU TINDAK PIDANA KEKERASAN FISIK TERHADAP AYAH TIRI (PUTUSAN NO. 345/PID.SUS/2021/PN BGL): Punishment Of Perpetrators Of Physical Violence Against Stepfather (Decision Number 345/Pid.Sus/2021/Pn Bgl) Muhammad Ar Rahman Wibowo; Azmi Syahputra
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.v6i2.19693

Abstract

This research discusses a case between Deni Saputra who was the perpetrator of a crime of domestic violence against his stepfather in decision no. 345/Pid.Sus/PN Bgl. There are two formulations of the problem raised, namely whether the perpetrator of the criminal act meets the elements of the offense of Article 44 paragraph (2) of the Domestic Violence Law and whether the punishment for the perpetrator who caused serious injury is appropriate or not, a prison sentence of 3 years and 6 months is imposed. The research method is descriptive analytical with secondary data analyzed qualitatively, type of research is normative juridical. The results of the research and discussion show that the actions of the perpetrator of the crime of physical violence against the stepfather were considered appropriate in accordance with Article 44 paragraph (2) of the Domestic Violence Law as the punishment was considered too light. The conclusion in this research is that the judge in deciding on a sentence of 3 years and 6 months was not in accordance with article 44 paragraph (2) of the Domestic Violence Law, namely 10 years in prison for the purpose of criminalizing the perpetrator in order to provide a deterrent effect for his actions. 
- PERLINDUNGAN INDIKASI GEOGRAFIS MOKE AIMERE : - Matheus Surya Pribadi Wadapone; Aline Gratika Nugrahani
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.v6i2.19713

Abstract

A cultural heritage product, Moke Aimere has a close connection with the community and geographical conditions in Aimere District. The people of Aimere hope that Moke Aimere can be protected or registered as a Geographical Indication, considering that currently many other parties are using the name "Moke Aimere" as a brand. The formulation of the problem in this research is whether Moke Aimere meets the requirements as a product that can be protected by geographical indications and what obstacles are faced in the process of registering Moke Aimere geographical indications. The research method used is normative using secondary data collection methods (Library Study) in the form of primary, secondary and tertiary data. The results of the research and discussion show that based on Law Number 20 of 2016 concerning Brands and Geographical Indications, the alcohol content in Moke Aimere means that legal protection under the law cannot be obtained because it is contrary to public order. The conclusion obtained based on the research results is that the provisions in Law Number 20 of 2016 concerning Trademarks and Geographical Indications do not provide appropriate legal protection for Moke Aimere. Because Moke Aimere has an alcohol content ranging from 5% -30%, it tends to conflict with public order.
ANALISIS PUTUSAN MENERIMA PERMOHONAN PENYELESAIAN HASIL PILKADA SERENTAK DI MAHKAMAH KONSTITUSI (STUDI PERKARA KABUPATEN YALIMO, TAHUN 2020): Analysis Decisions Of Accepting Applications For Settlement Election Results In The Constitutional Court (Yalimo District Case Study, 2020) Janwardisan Hernandika; Yogo Pamungkas
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.v6i2.19714

Abstract

Examines the decision of the Constitutional Court which accepted the request to resolve the results of the simultaneous regional elections. The formulation of the problem is whether the application for a dispute over the results of the regional head election in Yalimo Regency in 2020 is in accordance with statutory regulations and whether the legal considerations of the Constitutional Court judges in accepting the application for a dispute over the results of the simultaneous regional elections in decision number 97/PHP.BUP-XIX/2021 which is not in accordance with Article 158 of the Regional Election Law. The research method is descriptive analytical with secondary data analyzed qualitatively, type of research is normative juridical. The results of research and discussion stated that the dispute over the results of the 2020 regional head election in Yalimo Regency was in accordance with the law, however the submission of the application did not comply with the threshold provisions or the application exceeded the maximum threshold of 2%. The conclusion is the Constitutional Court has strong reasons to continue the examination of the a quo case to the next level and can decide to deviate from the provisions of Article 158 paragraph (2) letter a of Law 10/2016
HAK DESAIN TATA LETAK SIRKUIT TERPADU PADA IMPLEMENTASI ALGORITMA ENKRIPSI BC3 DI INDONESIA: Integrated Circuit Layout Design Rights In The Implementation Of The Bc3 Encryption Algorithm In Indonesia Vania Agata; Rr. Aline Gratika Nugrahani
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.v6i2.19719

Abstract

Integrated circuit layout design (DTLST) is one of the relatively new forms of intellectual property, especially in the context of Industrial Property Rights. Law No. 32 of 2000 regulates the layout design of integrated circuits. The first DTLST certificate was granted by DJKI Kemenkhumham in 2018 with certificate number IDL000000001 to Dr. Eng. Sarwono Sutikno and team. The problem formulation in this article is how the legal protection process of Layout Design of BC3 Encryption Algorithm Implementation on Hardware with DTLST Number IDL000000001 according to Law No. 32 of 2000 concerning DTLST and whether that design has qualified as an Integrated Circuit Layout Design. The research uses normative legal research methods, with secondary and primary data. Based on the results of the study, the Layout Design of BC3 Encryption Algorithm Implementation on Hardware has protection for 10 years since October 30th, 2018, where the protection is obtained from the date of acceptance because no commercial exploitation is carried out. The conclusion is that The Layout Design of BC3 Encryption Algorithm Implementation on Hardware is a work that has passed the checking process by DJKI, where this design has passed and meets the originality requirements.

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