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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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Pemidanaan Terhadap Pelaku Tindak Pidana Perdagangan Orang Sebagai Mata Pencaharian (Putusan Nomor 465/Pid.Sus/2021/PN.Ktp) : Pemidanaan Terhadap Pelaku Tindak Pidana Perdagangan Orang Sebagai Mata Pencaharian (Putusan Nomor 465/Pid.Sus/2021/PN.Ktp) Matatula Zefanya Armando Doeputra; Ermania Widjajanti; Indonesia
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.v6i2.19723

Abstract

Law Number 21 of 2007 concerning the eradication of Criminal Acts of Human Traffcking (UU TPPO) regulates criminal acts ivolving human trafficking as a means of livelihood. The problems in this research are 1) Does the application of the provisions of Article 296 of the criminal code Article 2 of the TPPO law to perpetrators of criminal acts of human trafficking carried out as a means of livelihood in Decision Number 465/Pid.Sus/2021/PN.Ktp already in accordance with the purpose of the punishment? This research uses a normative research type with secondary data and is descriptive analytical in nature. Data analysis wa carried out qualitatively by drawing conclusions deduktively. The results and conclusions of this research are that the panel of judges wa inappropriate in using the provisions of Article 296 of the Criminal Code as a basis for consideration and decision for the criminal acts of human trafficking committed by the perperator. Furthermore, the punishment given to perpetrators of criminal acts of human trafficking which is carried out as a means of livelihood is not in accordane with the theories of punishment and criminal objectives, namely Reformation, Restraint, Retribution and Detterence (3R and 1D).
Analisis Tindak Pidana Dengan Sengaja Dan Rencana Terlebih Dahulu Menghilangkan Nyawa Orang Lain (Putusan Nomor 114/Pid.B/2022/PN-Mnd): Analisis Tindak Pidana Dengan Sengaja Dan Rencana Terlebih Dahulu Menghilangkan Nyawa Orang Lain (Putusan Nomor 114/Pid.B/2022/PN-Mnd) Alexander Joshua Pratama; 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.v6i2.19726

Abstract

Determining the criminal acts of murder, premeditated murder, and persecution resulting in the victim's death poses challenges due to subtle differences. The research questions are: Can the defendant's actions qualify as premeditated murder under Article 340 of the Criminal Code? What is the criminal liability for the accused in Decision Number 114/Pid.B/2022/PN.Mnd? This study adopts a normative legal research approach, employing descriptive analysis and literature studies. The research found that indicate that the defendant's actions meet the criteria for premeditated murder under Article 340. The defendant was sentenced to 11 years in prison, but this verdict is inadequate as the defendant fulfilled all three elements of planning to end a life. The conclusion is an ideal sentence would be a minimum of 20 years in accordance with Article 340 of the Criminal Code.
PERSPEKTIF PERCOBAAN ATAU PERMUFAKATAN JAHAT DALAM TINDAK PIDANA NARKOTIKA GOLONGAN I : Perspectives of Attempt or Criminal Conspiracy in Category I Narcotics Crimes Saskia Camilla; 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.v6i2.19785

Abstract

Attempt or Evil Conspiracy in the Crime of Class I Narcotics refers to actions where individual attempts or conspires to possess, store, or receive Class I narcotic substances. The key issue examined is whether these actions constitute the criminal offense of Attempt or Conspiracy in the Crime of Class I Narcotics, specifically in the context of Decision Number 282/Pid.Sus/2022/PN.Jkt.Pst. Additionally, the study investigates the types of attempts made by the perpetrator and evaluates whether the verdict aligns with the objectives of punishment. The research utilizes a descriptive normative legal approach, analyzing secondary materials qualitatively with deductive inference. The findings indicate that the acquittal of the perpetrator for attempted conspiracy in the Class I Narcotics Crime, as per Decision Number 282/Pid.Sus/2022/PN.Jkt.Pst, is inappropriate. The perpetrator's actions constitute a form of halted or obstructed attempt, which should be recognized as an offense. The conclusion drawn is that the perpetrator indeed committed an attempt to engage in a narcotics crime, and the verdict fails to meet the objectives of punishment. This highlights the need for a thorough reassessment of the legal interpretation of attempts and conspiracies within narcotics crimes to ensure that judicial decisions effectively serve their intended purpose of deterrence and justice
TANGGUNG JAWAB DIREKSI ANTAM TERHADAP PERJANJIAN DIAM-DIAM DALAM TRANSAKSI EMAS ANTAM: Liability Of Antam Directors For Silent Agreements In Antam Gold Transactions Muhammad Farrell; Sri Bakti Yunari
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.v6i2.19806

Abstract

The responsibilities of the Board of Directors in a Limited Liability Company are regulated under Article 92 of Law No. 40 of 2007, establishing a fiduciary relationship for the Directors. The secret gold sale agreement at BELM Surabaya Branch 01 by non-employees led to the Directors of PT. Antam Persero Tbk being held accountable. This article addresses: What are PT. Antam's Directors' responsibilities regarding the secret gold sale agreement? and How does Decision No.1666/K/Pdt/2022 align with holding PT. Antam accountable? This study uses a normative descriptive legal method with secondary data analyzed qualitatively for deductive conclusions. The analysis shows that the Directors cannot be held accountable because they fulfilled their fiduciary duty by implementing the SOP on commodity pricing. The judge's decision was based on Article 1367 of the Civil Code, not Article 97 (5) of the Company Law, as the loss was not due to employee negligence. In conclusion, PT. Antam's directors are not responsible for the secret gold sale agreement since they complied with SOP 700 01. Additionally, the judge's decision can be criticized because the secret agreement by Eksi Anggraen and Budi Said does not meet subjective requirements, making it invalid for PT. Antam and revocable.
/ PERBANDINGAN PENGATURAN DAN PENERAPAN PENDIRIAN USAHA MIKRO KECIL MENENGAH DI NEGARA INDONESIA DAN KERAJAAN BRITANIA RAYA: / Victor Alexander Sewu; Sri Bakti Yunari
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.v6i2.19807

Abstract

This research discusses the comparison of the regulation and application of Micro, Small and Medium Enterprises (MSMEs) in the Republic of Indonesia and the United Kingdom as stipulated in Government Regulation No. 7 of 2021 and the Small Business, Enterprise and Employment Act (SBEE) 2015. The formulation of the problem is how the regulation of the establishment of MSMEs and its application in the requirements of MSME establishment procedures in Indonesia and the United Kingdom. This research uses normative juridical methods with descriptive research properties using secondary data which is analyzed qualitatively with deductive inference. The results of the study show that the two countries have the same focus on increasing economic growth through support for MSMEs and making it easier in terms of establishment and licensing including government support, and incentives. While the differences are illustrated in terms of establishment and licensing procedures, where in Indonesia the establishment procedure requirements have been carried out through the Online Single Submission (OSS) which is designed to accelerate the licensing and business establishment process. The conclusion is that there are similarities and differences between the two countries in terms of regulating the establishment of MSMEs
- Tanggung Jawab Afganistan Berdasarkan Hukum Humaniter Internasional Dalam Melindungi Anak-anak Korban Konflik Bersenjata: - Yolanda Kartika Aditya; Jun Justinar
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.v6i2.19809

Abstract

Since World War II children have been forcibly engaged as prisoners of war and child soldiers. The armed conflict in Afghanistan is a non-international armed conflict between Taliban insurgent forces and the Afghan Government within the Afghan state. The violations that occurred were torture and murder of children, suicide attacks using improvised devices, attacks using landmines, and sexual violence against children. Children as civilians are protected under the 1949 Geneva Convention IV. The formulation of the problem is how Afghanistan's responsibility for the protection of children in the armed conflict in Afghanistan according to international humanitarian law. This research is a normative juridical research, utilizing secondary data sources, conducting qualitative analysis by drawing conclusions by inductive reasoning. The results show that Afghanistan's responsibility for the protection of children is to cooperate with several international organizations to provide donations for a decent life to these children, and provide full protection when children are made prisoners of war. The conclusion of the Afghan government's responsibility for the conflict is to protect civil society and provide compensation to the victims.
- TINDAK PIDANA PENGGELAPAN TERKAIT DALAM HUBUNGAN PEKERJAAN (PUTUSAN NOMOR:46/PID.B/2021/PN.WGP) : - Jhansen Valix Hutapea; 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.v6i2.19837

Abstract

Embezzlement committed by adults is a crime that is very troubling to society because it results in significant losses. The formulation of the problem of this article is whether the act of embezzlement committed by a person due to his employment relationship meets the formulation in Article 372 of the Criminal Code? and how is the determination of the conviction of the perpetrator who committed embezzlement in the employment relationship in the court decision Number:46/Pid.B/Pn.Wgp. The research method is normative with the nature of descriptive analytical research, the type of data used is secondary data, quantitative data analysis, and conclusions based on the deductive method. The results showed that the acts of perpetrators of embezzlement of cattle by Augustine Taka Njanji against Melkianus Damu Patimara do not meet the elements of Article 372 of the Criminal Code because the core offense of Article 372 of the criminal code is only ordinary embezzlement and its general nature, the appropriate article should be Article 374 of the Criminal Code because the perpetrator and victim are bound by an employment relationship. The conclusion is the Afghan government's responsibility for the conflict is to protect civil society and provide compensation to the victims
ANALISIS PUTUSAN NOMOR 4/PID.SUS-ANAK/2021/PN.SRG OLEH ANAK YANG MENYALAHGUNAKAN NARKOTIKA : Analysis Of Decision Number 4/Pid.Sus-Child/2021/Pn.Srg By Children Who Abused Drugs Savira Riska Prameswari; 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.v6i2.19857

Abstract

Children as drug abusers must undergo a criminal justice process, children who should not receive criminal justice should receive protection. The existence of a child protection law should be used as a reason to protect all deviant behavior carried out by children. The formulation of the problem in this research is about how the judge considers when imposing a prison sentence on a child who abuses narcotics and what the legal consequences are if the judge does not consider the child's social justice litmas in Decision No. 4/PIDSUS-Anak/2021/PN SRG. This research method uses a normative method, where secondary data is processed qualitatively and conclusions are drawn deductively. The results of the research and discussion illustrate that the judge's consideration of deciding whether a minor should be sentenced to imprisonment violates Law number 35 of 2014 concerning child protection in article 67, article 103 (1). The conclusion is that the legal consequences of the judge not considering the Child Child Protection Research Unit in the decision that there was a discrepancy resulted in the decision being null and void because it violated Law number 11 of 2012 in article 60 paragraph (4)
ANALISIS TERKAIT PENGENAAN UU PERLINDUNGAN ANAK PADA TINDAK PIDANA PENCABULAN YANG DILAKUKAN OLEH ANGGOTA MILITER : Analysis Related To Imposition Of Child Protection Law On Crimes Of Abuse Committed By Members Of The Military Alvin Satrya Adhitama Sulistyo; Aprima Suar
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.v6i2.19858

Abstract

The criminal act of obscenity can be committed by anyone as stated in decision Number 142-K/PM II-09/AD/IX/2022. The formulation of the problem is whether the perpetrator's actions have met the elements of a criminal act of morality and whether the judge's considerations are in accordance with Law Number 23 of 2014. The research method is normative legal research with a descriptive analytical type, using secondary data then analyzed qualitatively and drawing conclusions deductive. The results of the research and discussion contain elements which in the provisions of Article 281 paragraph (1) of the Criminal Code have been fulfilled, but in this case the judge did not pay enough attention to the fact that one of them was still a minor, so that the actions carried out by the defendant must be subject to the provisions of Article 76E in conjunction with Article 82 paragraph (1) of the Child Protection Law. The conclusion was that the judge's consideration of overriding the principle of "lex specialist derogat lege generali" was not in accordance with Law Number 23 of 2014 because there were victims who were still minors so that the provisions of Article 63 paragraph (2) of the Criminal Code
TINJAUAN YURIDIS KETERSEDIAAN RUANG TERBUKA HIJAU PUBLIK DI KOTA PEKANBARU: Title Legal Review of the Availability of Public Green Open Spaces in the City of Pekanbaru Ryzkya Amanda Putri; Meta Indah Budhianti
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.v6i2.19872

Abstract

The availability of green open space (RTH) is an obligation that must be fulfilled by every region, namely 30% as stipulated in the Spatial Planning Law. Regarding this RTH, it turns out that it does not correspond to the reality in the city of Pekanbaru. Therefore, this research will analyze two main problems. First, whether the availability of RTH in the city of Pekanbaru has complied with the Spatial Planning Law. Second, what are the constraints in fulfilling the availability of RTH and what efforts have been made by the Pekanbaru City Government to overcome these constraints. This research applies normative legal research methods. The results of this study reveal that Pekanbaru City has not met the 30% availability of green open space (RTH), facing obstacles such as limited land, budget constraints, and high land prices. Efforts that can be made by the Pekanbaru City Government include collaborating with investors and the private sector. In conclusion, Pekanbaru City has not met the RTH availability standards set by law due to these challenges. Collaboration with investors and the private sector is expected to address this issue and enhance RTH for the welfare of the environment and the community.

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