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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 TERHADAP VARIETAS TANAMAN SERTANI MILIK PEMULIA PETANI DARI KABUPATEN LAMPUNG TENGAH: Legal Protection Of Sertani Plant Varieties Belonging To Farmer Breeders From Central Lampung Regency Rheyna Hanny Laurencya; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.19725

Abstract

The regulation of plant variety protection in Indonesia is regulated in Law No. 29 of 2000 on Plant Variety Protection. Its existence explicitly regulates the appreciation and protection of breeders' rights by minimizing violations and unilateral claims from other parties to a new variety owned by breeders, especially farmers. The article examines whether plant varieties bred by farmers are eligible for rights application and the legal protection mechanism under the PVP Law. This normative research focuses on descriptive literature, using secondary data with primary data support, and applies a qualitative approach with deductive inference. The study concludes that a variety meeting the BUSS requirements and given a name can be registered for protection rights. Ownership of these rights allows the holder to prohibit or permit others from using the variety, ensuring control over its use and distribution. The Sertani plant variety meets all BUSS elements, making it eligible for PVP rights application at the PVTPP Center. These rights provide temporary protection until the issuance of a PVP certificate, ensuring comprehensive legal protection for the variety and supporting farmers in safeguarding their bred plant varieties. This mechanism promotes innovation and fair use within the agricultural sector.
Legal Protection Efforts Of Digital Artworks That Are Plagiarized In Superrare According To Law Number 29 Year 2014 On Copyright: Land Burning for Opening Plantation Land (Study of Adjudication Number 468/PID.B/2021/PN/RHL) Alivia Febriana Choirunnisa; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.20893

Abstract

Forest and land burning incidents are a phenomenon that often occurs in Indonesia. Most people still carry out actions to clear land by burning land. The formulation of the problem is about the suitability of District Court Decision Number 468/Pid.B/Lh/2021/Pn Rhl regarding the case of land burning to clear plantation land with the provisions of UUPPLH and the efforts that must be made by the regional government of Rokan Hilir Regency, Riau Province to overcome land fires plantations in the Rokan Hilir Regency area, Riau Province. This type of research uses normative law which is descriptive analytical and uses secondary data which is analyzed qualitatively by drawing deductive conclusions. Research results and discussion and hhe conclusion is that the District Court Decision Number 468/Pid.B/Lh/2021/Pn Rhl is in accordance with the provisions of Article 99 paragraph (1) UUPPLH but according to the author this decision can add Article 69 paragraph (1) letter a as a strengthening article for Article 99 paragraph (1) and Article 69 paragraph (1) letter h UUPPLH. With the Riau Province Regional Regulation Number 1 of 2019, the Riau Regional Government is not prepared enough to monitor technical preparedness measures, other efforts include extinguishing and rehabilitation.
KAJIAN HUKUM PENGGUNAAN PUKAT HARIMAU DALAM PENANGKAPAN IKAN: Judical Review Of The Use Of Trawl In Fishing Adam Rizky Hidayat; Dyah Setyorini
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21265

Abstract

This research discusses the impact of the use of illegal fishing gear, especially trawlers, on the welfare of small fishermen in Tanggamus Regency, Lampung Province. Through interviews with Head Fishermen and partners from Polair, this research identified that despite the ban on the use of trawls based on Law Number 45 of 2009 concerning fisheries, some small fishermen are still reluctant to switch to legal fishing gear. The formulation of the problem is what is the legal regulation of the use of trawls in fishing and how is the use of trawls in fishing by fishermen in the Tanggamus Regency area, Lampung Province in terms of Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries? The Normative Juridical research method is descriptive analytical, then analyzed qualitatively, then conclusions are drawn using a deductive mindset. The results:several alternative fishing gear such as gill nets, hand lines, basic longline fishing, drift longline fishing, payang fishing gear, and payang nets. The social and cultural implications in small-scale fishers' decisions are also a focus for understanding the challenges faced in changing their traditional practices. Conclusion: provides an overview of the complexity of changes in behavior of small-scale fishermen.
TINJAUAN CEDAW PASAL 11 & 14 DALAM USAHA PEMENUHAN PEMBERDAYAAN PEREMPUAN UNTUK MENGEMBANGKAN UMKM MELALUI LITERASI DIGITAL (STUDI PKK RW 01 RAWA BADAK UTARA): Cedaw Article 11 14 Fulfillment Women's Empowerment Develop Digital Literacy UMKM (PKK RW 01 Rawa Badak Utara) Safa Maheswari Darastiari; Wahyuni Retnowulandari
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21279

Abstract

Efforts to improve gender equality in the long term are possible through the implementation of economic development as described in the Long Term Development Plan (RPJP). The problem in this study is the suitability of articles 11 & 14 of CEDAW in fulfilling the empowerment of women's UMKM in supporting the family economy and what efforts need to be made in encouraging the fulfillment of women's UMKM businesses through Digital Literacy at PKK RW.01 Rawa Badak Utara which aims to find out the problems that occur related to the fulfillment of women's UMKM empowerment in PKK RW.01 Rawa Badak Utara. Socio-Legal approach method. Studies that are interdisciplinary in nature from major studies of legal science and about law from a societal perspective that is born in the daily lives of citizens. The nature of the research used by the author in this research is descriptive analytical research using qualitative juridical methods. Indicate that article 11 & article 14 of CEDAW towards women UMKM PKK RW.01 are in accordance with the fulfillment of women's empowerment in the economic field and the empowerment that has been carried out, is sufficient, it's just that for UMKM through Digital Literacy is still very lacking.
PENYELESAIAN KONFLIK PEMUTUSAN HUBUNGAN KERJA: Resolution Of Employment Termination Disputes Without Following The Mechanism In Accordance With The Legislation Syahdan Sabillah; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21308

Abstract

Settlement of industrial relations disputes between companies and workers based on regulations on the settlement of industrial relations disputes must go through bipartite negotiations, mediation, or conciliation. The problem in this study is whether the settlement of the layoff conflict between Zainal Hakim and PT. Sukses Wijaya Adimakmur is in accordance with the Law on the Settlement of Industrial Relations Disputes and whether the decision of the Banjarmasin Industrial Relations Court judge in deciding the conflict between Zainal Hakim and PT. Sukses Wijaya Adimakmur is in accordance with Ministerial Regulation Number 35 of 2021. This writing uses a descriptive normative research method, data sources come from secondary data and are analyzed qualitatively, and conclusions are drawn using deductive methods. The result and conclusion are the procedure for resolving the layoff conflict carried out by the parties is not in accordance with regulations because it did not go through the initial stages of bipartite, mediation, or conciliation, so in the Banjarmasin District Court Decision Number 25/Pdt. Sus-PHI/2022/PN.Bjm there are formal defects in its settlement. In the judge's decision regarding the Demotion and Termination of Employment, it is legally valid, but in terms of the provision of severance pay, it is not accordance with statutory regulations.
SENGKETA HASIL PEMILIHAN BUPATI DAN WAKIL BUPATI LABUHANBATU SELATAN (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 37/PHP.BUP-XIX/2021: Dispute On South Labuhanbatu Regent Election Result (Study Of Constitutional Court Ruling No. 37/Php.Bup-Xix/2021) Muhammad Faishal; Radian Syam
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21309

Abstract

When elections are held, conflicts often arise as a result of the elections. This conflict arose during the regional elections for the regent and deputy regent of South Labuhanbatu in 2020 due to fraud which resulted in differences in votes at a number of polling stations. The main issue discussed was whether the re-voting in the election for the Regent and Deputy Regent of South Labuhanbatu was in accordance with the contents of Constitutional Court Decision Number 37/PHP. BUP-XIX/2021 and what legal impacts will arise as a result of the re-voting. This research uses descriptive normative legal research methods. The data used consists of primary and secondary data which are analyzed qualitatively, and conclusions are obtained through deductive logic. The results and conclusions show that the re-voting carried out in 16 villages by the KPU of South Labuhanbatu Regency was in accordance with the ruling of the Constitutional Court. The legal impact that arises from repetition of votes is when an applicant who previously submitted a request does not resubmit his application to the Constitutional Court. As a result, the KPU of South Labuhanbatu Province approved the elected candidates for Regent and Deputy Regent of South Labuhanbatu for 2020
TINJAUAN HUKUM PENOLAKAN PENGENAAN BEA MASUK ANTI DUMPING TERHADAP PRODUK BAJA LAPIS ALUMINIUM SENG OLEH KEMENTERIAN PERDAGANGAN: Legal Review of Rejection of The Impostion of ANTI-DUMPING Import Duty on Alumunium Zinc Coated Steel Products Muhammad Firmandhana Jati Kusuma; Rosdiana Saleh
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21334

Abstract

Dumping is harmful to local industries as significant price differences make consumers prefer dumped products with similar or better quality over local or non-dumping imported products, crippling domestic competitors. To address this, anti-dumping duties are applied to protect domestic industries. However, anti-dumping duties are often rejected based on national interests, which should ideally protect local industries. Problem formulation in this research is this study examines whether the rejection of anti-dumping duties on aluminum and zinc-coated steel is justified and its legal consequences. This normative research uses secondary data, descriptive analysis, and deductive reasoning. Research results and discussion and conclusions shows that the rejection basis is incorrect as it fails to consider the negative impact on domestic industries. The decline in market share and sales during the investigation period indicates that imports from China and Vietnam have financially harmed local industries. As a consequence, Indonesia risks facing trade sanctions such as increased export tariffs, which could negatively impact domestic production and productivity, ultimately weakening its economic competitiveness. Thus, protecting national interests should not overlook the damage experienced by local industries.
PERLINDUNGAN KONSUMEN ATAS PENERAPAN KLAUSULA EKSONERASI DALAM PERJANJIAN KEANGGOTAAN FIT HUB MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999: Consumer Protection Against Exclusion Clauses in Fit Hub Membership Agreements Based on Law No. 8/1999 Muhammad Fathan Zahran Dika; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21335

Abstract

Economic transactions, such as buying and selling goods or services, often place consumers at a disadvantage due to an unequal position compared to business actors. An example is the FIT HUB membership agreement, which contains an exoneration clause. This study examines the form and content of such clauses under Law No. 8 of 1999 and the legal protection available to consumers. Using normative legal research based on secondary data, the study result and concludes that while the FIT HUB membership agreement does not violate Article 18 paragraph (2) of the Consumer Protection Law—since it is easy for consumers to read—it is invalid under the Civil Code. The agreement fails to meet the objective requirements of Articles 1320, 1337, and 1338. Article 18 paragraph (1) of the Consumer Protection Law prohibits exoneration clauses, with legal consequences being that such clauses are null and void, as stipulated in Article 18 paragraph (3). Legal protection for consumers can be preventive, through sectoral regulations and the Consumer Protection Law, or repressive, through civil and criminal sanctions.
Peran Pemerintah Daerah Kota Bukittinggi dalam Pencegahan Perusakan Kawasan Konservasi Margasatwa Berdasarkan Undang-undang Pemerintahan Daerah: The Role of Bukittinggi Regional Government in Preventing Destruction of Wildlife Conservation Based on Regional Government Law Elsa Salsabila; Dhany Rahmawan
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21336

Abstract

Bukittinggi has a conservation area called Kinantan Wildlife and Cultural Park which must be protected and managed based on the principle of State responsibility, the principle of sustainability, and the principle of justice to prevent the destruction of wildlife conservation areas. The formulation of the problem in this writing is what is the role of the Bukittinggi City Regional Government in preventing the destruction of Wildlife Conservation Areas in its area? And is the role of the Bukittinggi City Regional Government in preventing the destruction of Wildlife Conservation Areas in accordance with Law Number 23 of 2014 concerning Regional Government? The results and conclusions of this research are the role of the Bukittinggi City Regional Government in preventing the destruction of the Margasatwa Conservation Area can be seen from several actions taken, namely as a regulator, supervisor, and organizer. In its implementation in carrying out the role of regional autonomy, the Bukittinggi City Regional Government has been in accordance with the provisions of the applicable laws.
Artificial Intelligence pada Google Maps berdasarkan Hak Kekayaan Intelektual: Artificial Intelligence On Google Maps Based On Intellectual Property Rights Fauzan Akmal; Aline Gratika
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21339

Abstract

Google Maps is an example of a computer program based on Artificial Intelligence. Howerver, until now, there are no explicit regulations, especially in Intellectual Property Law in Indonesia, that govern it. The issue in this research is How are the intellectual property rights of Artificial Intelligence on Google Maps?. Therefore, this research will analyze Artificial Intelligence on Google Maps based on Intellectual Property Rights. This research uses normative research methods that utilize secondary data and also primary data only as supporting data, the nature of this research is descriptive and conclusions are drawn using deductive methods. The results of this research are Artificial Intelligence is the result of human thought processes that become assets and generate rights that need to be protected, and based on intellectual property rights, Artificial Intelligence can be said to be a computer program where there are only 2 legal aspects regulating it, namely copyright and patents, the scope of which depends on the final form of the Artificial Intelligence itself. Based on the analysis of intellectual property rights on Google Maps as Artificial Intelligence, from its operation,it can be said to fall within the scope of patents.

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