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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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PERLINDUNGAN HUKUM BERDASARKAN UNDANG-UNDANG NO. 30 TAHUN 2000 TENTANG RAHASIA DAGANG: Legal Protection Based on Law No. 30 Of 2000 Concerning Trade Secrets Simona Bustani; Selly Olatersia Sembiring
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.v6i3.19947

Abstract

As one component of intellectual property rights, trade secrets have an important position in business activities in Indonesia. Problem formulation How well do the provisions of Law Number 30 of 2000 concerning Trade Secrets protect trade secret owners? And how reasonable is Law Number 30 of 2000 concerning Trade Secrets in interpreting judges' decisions No. 76/PDT.G/2021/PN.CKR on trade secret disputes the plastics industry? This research is analytical, descriptive, and is normative legal research. Deductive inference is used in qualitative analysis of existing evidence. The results and discussion indicate that Law Number 30 of 2000 on Trade Secrets is not yet adequate and effective in providing legal protection to trade secret holders due to its lack of relevance and many legal gaps. The judge ruled the case using Article 1365 of the Civil Code on Unlawful Acts, which is deemed inappropriate because the applicable law should be Law No. 30 of 2000 on Trade Secret Protection. The conclusion is Law No. 30/2000 on Trade Secrets, which provides legal protection to trade secrets in the plastics industry, is ineffective and inadequate in protecting trade secrets due to the absence of specificity regarding the scope, terms, legal protection, and sanctions of trade secrets
WEWENANG PEMERINTAH DAERAH DALAM PENERTIBAN PEREDARAN MINUMAN KERAS DI KOTA CILEGON: Cilegon's City Government Authority On Liquor Distribution Curbing Rafly Tri Adi; Wiratno
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.v6i3.20036

Abstract

The Cilegon City Government has prohibited the sale of alcoholic drinks with an alcohol content above 10%. The impacts of selling alcoholic beverages include social inequality, increased alcohol-related crime, and risks to future generations. The problem formulation in this research focuses on local government policies regarding the challenges faced by officers in controlling alcohol distribution, and how the government overcomes these challenges. The research method uses normative legal methods, descriptive analysis, and data collection through interviews, observation, and documentation studies, with primary and secondary data. Conclusions are drawn deductively. The results of the research and discussion show that based on Article 18 which states "The Mayor has the right to regulate alcoholic beverages", the Cilegon City government is committed to eradicating the distribution of alcoholic beverages by issuing Regional Regulation No. 5 of 2001 concerning Liquor Violations. This regulation is a guide in controlling producers and consumers of alcoholic beverages. In conclusion, the main challenges in controlling alcohol distribution are financial constraints and limited human resources, especially law enforcement officers. Apart from that, the lack of severe sanctions in these regulations is not effective enough to provide a deterrent effect for violators
ANALISIS PENETAPAN NOMOR 53/PDT.P/2023/PN JKT.SEL MENGENAI PERMOHONAN PENCATATAN PERKAWINAN BEDA AGAMA YANG DIKABULKAN OLEH PENGADILAN NEGERI JAKARTA SELATAN: Analysis Determination Number 53/Pdt.P/2023/PN Jkt.Sel regarding the application for registration interfaith marriages granted the South Jakarta District Court Rizky Adytiya Pratama; Muriani; -Rizky Adytiya Pratama
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.v6i3.20161

Abstract

Interfaith marriage is a marriage in which a person with different religious beliefs and  still respective to their religions. Formulation of the problem in this study is whether the South Jakarta District Court has the authority to examine and determine applications for registration of marriages of different religions and whether the South Jakarta District Court judge used the legal considerations used in Decision Number 53/Pdt.P/2023/PN Jkt.Sel in accordance with Law Number 1 of 1974 and the Complication of Islamic Law in granting applications for registration of marriages of different religions. The research method uses normative legal research, is analytical descriptive and data collection uses library research and deductive methods of drawing conclusions. Results of the research and discussion of the South Jakarta District Court Judges are indeed authorized to determine interfaith marriages, but even though they are authorized, the South Jakarta District Court Judges should not grant the application. Conclusion is that the South Jakarta District Court Judge uses legal considerations that are contrary to Law Number 1 of 1974 concerning Marriage, the Complication of Islamic Law and religious provisions in Indonesia and also the lack of legal considerations of judges or Onvoldoende gemotiveerd in granting applications for interfaith marriages
PELAKSANAAN PENJATUHAN SANKSI ADMINISTRASI TERHADAP PEGAWAI NEGERI SIPIL YANG MELAKUKAN TINDAK PIDANA PENIPUAN: Implementation Of Imposing Administrative Sanctions Against Civil Servants Who Commit Fraud Crimes Muhammad Syukur Fezadi Iskandar; Yogo Pamungkas
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.v6i3.20166

Abstract

State Civil Apparatus assist in carrying out the government's duties to achieve Indonesia's national goals. However, issues arise when a Civil Servant is dismissed for actions detrimental to the state. This research addresses two main questions: whether the administrative sanctions were imposed in accordance with statutory regulations, and whether they complied with Law Number 5 of 2014 concerning State Civil Apparatus. The research method is qualitative, employing normative legal research. The findings reveal that the dismissal decree was not based on appropriate legislation, as the Plaintiff had pursued a legal remedy through cassation. However, the sanctions were in accordance with Law Number 5 of 2014, as the Plaintiff was found guilty of fraud and sentenced to 2 years and 8 months in prison. The conclusion is that the Defendant erred in their consideration of the administrative sanction, basing it on the Bengkulu District and High Courts' decisions, which had not yet gained permanent legal force. Thus, the dismissal is deemed invalid
Pemidanaan Terhadap Pelaku Kekerasan Dalam Rumah Tangga (Putusan Nomor 129/Pid.Sus/2021/PN.SdaP): Punishment for Perpetrators of Domestic Violence (Decision Number 129/Pid.Sus/2021/PN.Sda) Fadhil Pratama Putra; Maria Silvya E. Wangga
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.v6i3.20167

Abstract

Physical violence is defined as an act causing the victim pain, suffering, or significant losses. An example of domestic physical violence is found in Decision No. 129/Pid.Sus/2021/PN. Sda. This study investigates two key issues: 1) Whether the criminalization of perpetrators in Decision No. 129/Pid.Sus/2021/PN. Sda meets the provisions of Article 44 Paragraph (1) of Law Number 23 of 2004 concerning the Elimination of Domestic Violence? 2) Whether the punishment in Decision No. 129/Pid.Sus/2021/PN. Sda fulfills the objectives of criminal law? Using a normative juridical approach and library research method, the findings indicate that, per Article 44 Paragraph (1) of Law No. 23 of 2004, the perpetrator should have received a five-year prison sentence. However, the decision did not comply with this legal requirement. The study concludes that the punishment given does not align with the legislative model theory, suggesting a need for a five-year prison sentence. Moreover, the combined theory on the purpose of punishment, which includes providing a deterrent effect and offering guidance to the perpetrator, was not met in this decision. This highlights the necessity for a stricter application of the law to ensure both justice and rehabilitation.
PENITIPAN GANTI RUGI DALAM PENGADAAN TANAH JALAN TOL SERPONG-BALARAJA (STUDI PUTUSAN NOMOR 422/PDT.BTH/2021/PN TNG) : Custody of Compensation in Land Procurement for the Serpong-Balaraja Toll Road (Study of Verdict Number 422/PDT.BTH/2020/PN Tng) Fadilla Ramdani; Irene Eka Sihombing
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.v6i3.20168

Abstract

The construction of the Serpong-Balaraja toll road faced issues with the amount of compensation not matching the determined results, leading to Custody of Compensation in the District Court. This article addresses two main problems: (1) Whether the Custody of Indemnity Procedure by the Ministry of Public Works and Public Housing (PUPR) and the Director aligns with the law, and (2) How the judge ruled in the Maryati case regarding the Custody of Indemnity by the Ministry of PUPR. This descriptive normative research uses literature studies for data collection, analyzed qualitatively, with conclusions drawn using the deductive method. It was found that the Ministry of PUPR and the Director General of Bina followed the consignment process correctly according to the laws, yet under Presidential Regulation Number 71 of 2012, if the eligible party rejects the compensation amount set by a final court decision, the consignment process fails to reach an agreement. Thus, the conclusion is that the Indemnity Deposit Procedure by the Ministry of PUPR in acquiring land for the Serpong-Balaraja toll road project did not comply with the applicable laws and regulations.
- PENGGUNAAN LAGU “AKU MAU” PADA PRODUK MAINAN BONEKA “PUTRI ANISA HIJAB PERFUMED DOLL”: - Felicitas Citra Permatahati Nainggolan; Bustani, Simona
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.v6i3.20218

Abstract

Copyright violations have occurred frequently over the years, with one prevalent issue being the unauthorized duplication of copyrighted works. A notable instance of this is the unauthorized use of the song "Aku Mau" in the "Putri Anisa Hijab Perfumed Doll" toy. This case examines the protection of the song "Aku Mau"'s creator in relation to the doll product and the considerations of the Commercial Court judges based on Law No. 28 of 2014 on Copyright. The research methodology used is normative legal research with a descriptive approach, drawing on secondary data to support primary data. Data was gathered through fieldwork and literature review, then analyzed qualitatively with conclusions drawn using deductive reasoning. The results of this research is that the actions by GO TOYS and PT. BINTANG CAHAYA KENCANA involved the unauthorized duplication of the song "Aku Mau" for commercial gain. The conclusion is that the judges’s decision was justified, as the DJKI copyright registration confirmed Inge Christiane as the rightful creator of the song "Aku Mau." Consequently, the Commercial Court judges ruled in favor of awarding partial material damages totaling Rp. 4,000,000,000.
- Penerapan Sanksi Rehabilitasi Terhadap Pelaku Tindak Pidana Penyalahgunaan Narkotika Golongan I (Putusan Nomor 1016/Pid.Sus/2022/PN.Jkt.Brt) : The Application of Rehabilitation Penalty to the Perpetrators of Class I Narcotics Abuse Crime (Verdict Number 1016/Pid.Sus/2022/PN.Jkt.Brt) Abizza Aditya Hamdillah El Thamrin; Novi Eko Baskoro
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.v6i3.20219

Abstract

Narcotics abusers are said to be victims of narcotics crimes and are placed into rehabilitation, but based on Decision No. 1016/Pid.Sus/2022/PN.Jkt.Brt. the defendant has been proven and determined as a narcotics abuser based on the results of the assessment and evidence which leads to rehabilitation. The formulation of the problem in this article is how the application of rehabilitation sanctions to the perpetrators of class I narcotics abuse in Decision No.1016/Pid.Sus/2022/PN.Jkt.Brt., and the obstacles and efforts in applying rehabilitation sanctions to perpetrators of class I narcotics abuse. This article uses normative juridical research methods, descriptive research nature, data used Secondary data and primary data, data collection using literature study, data analysis using qualitative, drawing conclusions using the deductive method. In the results of this study, Law Number 35 of 2009 concerning Narcotics has regulated the mandatory use of medical rehabilitation, but in practice it does not run according to the Law. The conclusion is that the implementation of rehabilitation for addicts and victims of narcotics abuse by the National Narcotics Board has followed the existing provisions. However, the possibility of shortcomings in the application of these rules remains open
ANALISIS KESENGAJAAN DALAM BENTUK TINDAK PIDANA MEMBUAT SURAT PALSU (PUTUSAN NO.61/PID.B/2022/PN JAKARTA SELATAN) : Analysis Of Deliberation In The Form Of Criminal Act Of Formulating Fake Letters (Decision No.61/Pid.B/2022/Pn Jakarta Selatan) Rigo Ijaprana Purba; Maria Silvya Elisabeth Wangga
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.v6i3.20337

Abstract

This research relates to decision No. 61/Pid.B/2022/PN Jkt Sel. The chronology of which in this decision the defendant named Fiky Mukiandhany who was an accomplice in the crime of forgery of letters. This legal scientific work discusses issues related to how deliberate the perpetrator of the crime of making a fake letter (Decision No. 61/Pid.B/2022/PN Jkt Sel) and whether deliberate intent in the crime of making a fake letter in Decision No. 61/Pid.B/2022/PN Jkt Sel is an excuse for criminal erasure. This investigate may be a regulating and graphic legitimate inquire about utilizing auxiliary information gotten through writing ponder, the information is handled subjectively and the conclusion is drawn utilizing deductive rationale. Based on the comes about of the inquire about, it is found that the deliberately committed by the culprit of the wrongdoing of making a fake letter in Decision No. 61/Pid.B/PN Jkt Sel is purposefulness within the shape of confusion or botch, namely Misdirection of Facts (feitelijke dwaling).
Kajian Hukum Terhadap Proses Pemberhentian dan Pengangkatan Perangkat Desa di Kawasan Sumba Barat Daya: Legal Study on the Termination and Appointment Processes of Village Officials in the Southwest Sumba Region Liany Angsana Dewi Hadi; Eko Primananda
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.v6i3.20342

Abstract

The decisions of the State Administrative Court play a crucial role in upholding the law and ensuring justice. The implementation of these decisions is also a critical part of ensuring justice. Efforts to ensure the execution of decisions, such as coercive measures and administrative sanctions, need to be taken to ensure that court decisions are truly enforced. This way, the principle of justice can be more effectively realized at all stages of the legal process, from hearings to the implementation of decisions. The research questions in this study are: (1) Whether the dismissal and appointment of village officials in Weepangali Village comply with Law Number 6 of 2014 concerning Villages; (2) How is the implementation of the procedures for the dismissal and appointment of village officials in Weepangali Village after Decision Number 39/G/2022/PTUN? The research found that the process of appointing the new Village Apparatus was carried out by dismissing the old Village Apparatus without any prior notification letter and without any clear reason. The conclusion is that the process of appointing and dismissing Village Apparatus is not in accordance with statutory provisions.

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