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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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Mutilasi Karya Untuk Komersil Berdasarkan Undang-Undang Hak Cipta: Mutilation of Works for Commercial Purposes Under Law About Copyright Rafdy Rashad Abimanyu; Siti Nurbaiti
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.v6i2.19878

Abstract

Photography receives protection under Article 40 of copyright law. Mutilation of photography by PT Oyorooms to PT Duit Orang Tua poses a problem. The formulation of the problem is about how the mutilation of photographic works carried out by PT Oyorooms belonging to PT Duit Orang Tua based on Copyright Law, as well as how legal protection of photographic mutilation. The method used is normative, supported by secondary and primary data, analyzed qualitatively through deductive inference. The result of the discussion is that the mutilation of PT Duit Orang Tua's photographic work by PT Oyorooms violates Article 5 paragraph (1) letter E of the Copyright Law 28/2014. Legal protection is hampered due to the lack of details of damages in Article 113, with judges focusing more on Article 113 rather than the option of Article 99(2) to safeguard moral rights. The conclusion is that Copyright Law No. 28/2014 prohibits the mutilation of photographic works Article 5 paragraph (1) letter E. Economic rights related to compensation are regulated in Article 113 (3), with the option of Article 99 (2) if the amount of compensation cannot be explained. The offense of complaint allows photo owners to report mutilation.
- Penguatan Kewenangan Kementerian Komunikasi dan Informatika Memblokir Akses Konten Asusila di Media Sosial untuk Melindungi Hak Asasi Manusia.: - Naufal Hisyam Zuhdi; Eko Primananda
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.v6i2.19913

Abstract

Information technology crimes are increasingly varied and must be handled seriously. In this regard, the Constitutional Court through decision No. 81/PUU-XVIII/2020 has strengthened the authority of the Ministry of Information and Communication to block access to immoral content on social media, maintain the balance of human rights, and law enforcement.  The problems of this research are: how is the strengthening of the authority of the Ministry of Information and Communication in blocking access to immoral content on social media? The purpose of this study is to describe the strengthening of the authority of the Ministry of Communication and Information to block immoral content on social media. This article is a normative legal research, descriptive in nature, using secondary data, and deductive inference. The conclusion of this article, namely: the strengthening of the authority of the Ministry of Communication and Information is regulated in Law No. 19 of 2016 concerning Amendments to Law No. 1 of 2008 concerning Electronic Information and Transactions and other regulations authorizing the ministry to block access to immoral content on social media to protect human rights.
- TINJAUAN YURIDIS TINDAK PIDANA MEMPERTONTONKAN DIRI DI MUKA UMUM YANG MENGGAMBARKAN KETELANJANGAN/EKSHIBISIONISME: TINDAK PIDANA MEMPERTONTONKAN DIRI DI MUKA UMUM YANG MENGGAMBARKAN KETELANJANGAN/EKSHIBISIONISME Oemyx Wynn Tratabofa Hutasoit; 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.v6i2.19931

Abstract

Criminal perpetrators exposing their genitals fall under the purview of both the Criminal Code and Law Number 44 of 2008 regarding Pornography. However, the defendant's actions, primarily targeting children, align more with Law 35 of 2014 concerning Amendments to Child Protection Law Number 23 of 2002. The defendant's exhibitionism, particularly in front of children, raises questions about the judge's classification of the crime. The research, utilizing normative methods and various data sources, explores this issue. The judge sentenced the defendant to 2 years in prison under Article 36 of the Pornography Law, but the author argues this ruling fails to consider most victims being children. Consequently, the author suggests that the perpetrator's sentence should be assessed under the Child Protection Law, potentially warranting aggravated or recalculated penalties.
- Perbandingan Pengaturan dan Implementasi Doktrin Fiduciary Duty di Indonesia dan Singapura: - Alya Nabita Az-zahra; 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.v6i2.19935

Abstract

The doctrine of fiduciary duty is a modern doctrine of Limited Liability Companies regulated in Law Number 40 of 2007 concerning Limited Liability Companies, hereinafter referred to as UUPT. Meanwhile in Singapore, Fiduciary Duty is regulated in the Singapore Companies Act, hereinafter referred to as SCA. The main problem of this research is how the fiduciary duty doctrine is regulated in Indonesia and Singapore and how the fiduciary duty doctrine is implemented in Indonesia and Singapore. The type of research used is normative research, descriptive research, secondary data, qualitative analysis, deductive conclusion drawing. Based on the analysis, there are similarities and differences in UUPT and SCA. It is hoped that in future, the fiduciary duty doctrine should be regulated clearly and in detail in the UUPT and SCA.
Pemberhentian Sekretaris Desa Poncoharjo oleh Kepala Desa Berdasarkan UU No.6 Tahun 2014 (Studi Putusan No.62/G/2022/PTUN.SMG): The Dismissal of Poncoharjo Village Secretary by The Village Head Based on Law No.6 of 2014 (Study of Decision No.62/G/2022/PTUN.SMG) Ananda Syauqi Febrian; Ferry Edwar
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.v6i2.19944

Abstract

Villages are the lowest part of the government system in the government structure in Indonesia. The Village Government consists of the Village Head and Village Apparatus, which includes the Village Secretary, Regional Executive, and Technical Implementer. In carrying out his duties as Village Head, sometimes refers to authority, as happened in Poncoharjo Village, Demak Regency. The main problem is whether the termination of the Secretary of Poncoharjo Village, by the Village Head is in accordance with Law Number 6 of 2014 and what legal action was taken by the Secretary of Poncoharjo Village which was terminated by the Village Head. The type of research is normative legal research, descriptive in nature, using secondary data and primary data analyzed qualitatively, drawing conclusions using deductive logic. The results of the analysis of the termination of the Poncoharjo Village Secretary, Demak Regency by the village head were not in accordance with applicable regulations and in terms of terminating village officials, the Poncoharjo Village Head was not consulted regarding the decision. The legal action taken by the Secretary of Poncoharjo Village which was stopped by the Head of Poncoharjo Village, Demak Regency was through administrative efforts and filing a lawsuit with the PTUN.
KAJIAN YURIDIS TERHADAP PRAKTEK JUAL RUGI DALAM PERSAINGAN USAHA DI INDONESIA DAN DI MASYARAKAT UNI EROPA: Juridical Review Of Selling Practice at A Loss in Business Competition in Indonesia and in The European Union Community Nitriko Puji Raharjo; Dhany Rahmawan
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.v6i2.19945

Abstract

The rule sale of goods at a price lower than their cost in Indonesia is outlined in Article 20 of Law Number 5 of 1999, which specifically addresses the Prohibition of Monopolistic Practices and Unfair Business Competition. Similarly, the European Union tackles this practice in Article 102 of the Treaty on the Functioning of the European Union (TFEU). The study used a normative legal methodology, descriptive research and relying mostly on secondary sources for information qualitative analysis and deductive reasoning to get conclusions. The result and Conclusion, this study showcases the enforcement of regulations against selling products below cost in Indonesia, particularly via the implementation of Article 20 of Law Number 5 of 1999. In Indonesia, the settlement of the problem of selling at a loss is supervised by the Business Competition Supervisory Commission (KPPU), whereas the European Union addresses it via the European Commission (EC) in compliance with the applicable selling legislation. Deficit Article 102 refers to a distinct segment or clause inside a text or legal structure. The Treaty on the Functioning of the European Union (TFEU) is a legal agreement that outlines the operational principles and rules of the European Union.
- The Death Penalty in the Context of Human Rights (A Study of Supreme Court Decision Number 3083 K/PID.SUS/2022: Human Rights Perspective on the Death Penalty (Study of Supreme Court Decision Number 3083 K/PID.SUS/2022) Novia Rahmawati nasution; Ninuk Wijiningsih
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.v6i2.19949

Abstract

Every human being has Human Rights (HAM) as a creature of God whose existence and dignity must be supported and respected. When faced with human rights, the death penalty in Indonesia in narcotics crime cases always raises pros and cons. The formulation of the problem of this article is whether the imposition of the death penalty against narcotics offenders in Supreme Court Decision Number 3083 K/Pid.Sus/2022 is in accordance with human rights principles. The method used is normative juridical by analyzing laws and regulations in relation to applicable norms and data collection using the literature method. The result is that the judex facti's decision is not contrary to the law, so the defendant's cassation is rejected, because the actions of the perpetrator will greatly disturb the community and disturb the next generation if children and adolescents fall into the use of narcotics. The conclusion is shows that the death penalty for drug offenders in Supreme Court Decision Number 3083 K/Pid.Sus/2022 in Indonesia is contrary to the right to life stipulated in Article 6 of the 1966 International Covenant on Civil and Political Rights, but is in accordance with Indonesian positive law, namely Law No. 35 of 2009 concerning Narcotics.
ANALISIS KEWENANGAN GUBERNUR DKI JAKARTA DALAM MENETAPKAN KEPUTUSAN UPAH MINIMUM PROVINSI TAHUN 2022: Analysis of the Authority Governor of DKI Jakarta in Provincial Minimum Wage Decision for the Year 2022 Sandy Maulana Yusuf Saidi; 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.v6i2.19988

Abstract

This study is based on previous work by the Governor of DKI Jakarta, who, in his 2021 Decree No. 1359, first decided on a minimum salary by looking at government regulations pertaining to salaries. Afterwards, Decree Number 1517 superseded it, disregarding the applicable government wage regulations. Examining whether or not Governor DKI Jakarta's Decision Number 1517 of 2021, which sets the minimum salary for 2022, conforms with legal requirements, and whether or not the Governor has the jurisdiction to decide minimum wage choices based on extant legislation are the problems that this study seeks to address. Using secondary data culled from a variety of sources, including main legal resources like statutes and secondary legal materials like books and journals, this study takes a descriptive-analytical method. Qualitative research and inference led to the conclusion that Law 23 of 2014 on Regional Governments grants the Governor of DKI Jakarta the authority to establish the provincial minimum salary for 2022. Unfortunately, this decision was not made in accordance with the processes laid forth in Law No. 12 of 2011 on the Formation of Legal standards.
PEMBANGUNAN BUMI PERKEMAHAN TANPA DOKUMEN AMDAL DI KABUPATEN GARUT (STUDI PUTUSAN NOMOR 2251 K/PidSus- LH/2020): Campground Construction Without Environmental Impact Assessment (EIA) Documents in Garut District (Study of Decision Number 2251 K/PidSus-LH/2020) Deannova Rafli Subagio; Narita Adityaningrum
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.v6i2.20037

Abstract

The construction of a campground in Garut Regency has caused legal problems, because it does not have an AMDAL document and environmental permits. The problems of this article are: whether the construction of the campground carried out by the head of DISPORA to fulfill environmental permits is in accordance with the Law on Environmental Protection and Management (UUPPLH) and what legal consequences arise from development in natural resource conservation areas without AMDAL documents. This research is a normative legal research and is descriptive in nature. The results of the research and discussion show that the AMDAL document is a legal instrument that must be made by every person in charge in a business/activity that has an important impact and violations result in the revocation of environmental permits. The conclusion of this research, namely: The construction of the campground carried out by the Head of DISPORA is not in accordance with Article 36 paragraph (1) of the UUPPLH. The Head of DISPORA Garut Regency has never made an AMDAL Document to the Environmental Agency and did not apply for an Environmental Permit to BPMPT so that the Head of DISPORA was sentenced under Article 109 jo. Article 116 paragraphs (1) and (2) of UUPPLH for non-compliance in making AMDAL documents.
ANALISIS YURIDIS TERHADAP PELAKU PENJATUHAN TINDAK PIDANA PENCEMARAN NAMA BAIK CALON ANGGOTAN DPRD (PUTUSAN NOMOR 81/PID.SUS/2021/PN SGT): Juridical Analysis of Perpetrators of Criminal Defamation DPRD Member Candidates (Decision Number 81/Pid.Sus/2021/PN Sgt) Gadys Thalia Noor; Azmi Syahputra
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.19946

Abstract

The rapid advancement of technology facilitates social interactions from the physical world to the digital realm, making it accessible to everyone, including criminal offenses like defamation on social media. The research questions are: 1) Do the elements of defamation against a prospective council member in Verdict No. 81/Pid.Sus/2021/PN Sgt comply with Article 45 in conjunction with Article 27 Paragraph 3 of the ITE Law and Article 315 of the Penal Code for minor offenses? 2) Is the two-month sentence imposed by the judge in line with the sentencing objectives under the Penal Code in Verdict No. 81/Pid.Sus/2021/PN Sgt? This research employs a normative method with secondary data, using descriptive-analytical techniques analyzed qualitatively with deductive reasoning. The findings indicate that the crime's elements do not align with the minor offense provisions of Article 315 of the Penal Code. The two-month probationary sentence does not meet the sentencing guidelines' objectives. The conclusion is that the verdict does not adequately apply Article 45 in conjunction with Article 27 Paragraph 3 of the ITE Law and Article 315 of the Penal Code, nor does it align with sentencing objectives. Judges should consider legal certainty, justice, utility, and societal values.

Page 83 of 107 | Total Record : 1070

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