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Contact Name
Narita Adityaningrum
Contact Email
narita.a@trisakti.ac.id
Phone
+6281528282851
Journal Mail Official
reformasihukum@trisakti.ac.id
Editorial Address
Jl. Kyai Tapa No 1, Grogol Jakarta Barat
Location
Kota adm. jakarta barat,
Dki jakarta
INDONESIA
Reformasi Hukum Trisakti
Published by Universitas Trisakti
ISSN : -     EISSN : 2657182X     DOI : https://doi.org/10.25105/refor
Core Subject : Social,
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
Articles 1,070 Documents
Bentuk Gabungan Tindak Pidana Perdagangan Anak dengan Memalsukan Data Korban (Putusan Nomor 128/Pid.Sus/PN.Mnd): Forms of Criminal Combination in the Crime of Child Trafficking by Falsifying Victim Data (Decision Number 128/Pid.Sus/PN.Mnd) Gabriel Maria Aurelia Gagola; Maria Silvya E Wangga
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.v6i4.21366

Abstract

The combined form of crime contained in the crime of child trafficking and data falsification contained in the case of Decision No.128/Pid.sus/2021/PN.Mnd, the victims in this decision case are children aged 18 years, 15 years and 13 years and to make it easier for the perpetrator to carry out the crime of child trafficking, the perpetrator faked the KTPs of the victims who were aged 15 years and 13 years, so that the defendant's actions not only violated “Article 2 paragraph (1) of Law Number 21 of 2007 concerning the crime of trafficking in persons but also There is another criminal act, namely committing data falsification which violates Article 19 paragraph (1) of this law. The problem in this research is What is the form of combining criminal acts contained in decision case No.128/Pid.Sus/PN.Mnd? This research uses a normative juridical research type which is descriptive and analyzed qualitatively by drawing conclusions logically deductively.” From the results of this research, conclusions are drawn in the case of decision no. 128/Pid.Sus/2021/PN.Mnd There are two forms of combined crimes, namely concurrent regulations (concursus idealis) and concurrent actions (concursus realis)
Penerapan Prinsip Utmost Good Faith Terhadap Sengketa Klaim Manfaat dalam Asuransi Jiwa (Studi Putusan Nomor 297/Pdt.G/2021/PN Jkt.Sel): Application of Utmost Good Faith Principle to Life Insurance’s Beneficial Claim Disputes (Study of Decision Number 297/Pdt.G/2021/PN Jkt.Sel) Andini Savira Melati; N.G.N. Renti Maharaini Kerti
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.v6i4.21368

Abstract

Every activity carried out by humans always has risks, along with the development of technology and science, insurance has emerged which functions as a risk transfer. Insurance has terms and conditions that must be fulfilled, one of which is the principle of complete good faith which is an important aspect in administering insurance. This research to analyze the application of the principale utmost good faith in Decision Number 297/Pdt.G/2021/PNJkt.Sel and the resolution of insurance benefit claim disputes if the principle of utmost good faith not applied. The research was conducted using descriptive normative legal methods. Research results and discussion as well as conclusions Decision Number 297/Pdt.G/2021/PNJkt.Sel, the principle of utmost good faith has not been fully implemented by the insured or the insurer. The Insured doesn’t provide accurate information regarding his health condition and the Insurer doesn’t double check to ensure that the information written by the Insured is correct and accurate. Settlement of insurance benefit claim disputes if the principle of utmost good faith is not applied can be done through dispute resolution inside or outside court. In Decision Number 297/Pdt.G/2021/PNJkt.Sel, the insured chose to resolve the dispute by directly filing a lawsuit at the District Court.
PENETAPAN STATUS TERDAKWA OLEH PEMERINTAH KERAJAAN THAILAND PADA PEKERJA MIGRAN INDONESIA KORBAN PERDAGANGAN ORANG BERDASARKAN PROTOKOL PALERMO 2000: Determination of the Defendant’s Status Indonesian Migrant Worker Victim of Trafficking in Thailand Based on the 2000 Palermo Protocol Viswari Anreany Nahan; Yulia Fitriliani
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.v6i4.21382

Abstract

Protecting victims of trafficking in persons (TPPO) is the responsibility of every country that has ratified the 2000 Palermo Protocol. However, Thai police officers in performing their duties have made mistakes in determining the status of the defendant to six Indonesian illegal migrant workers (PMI) who are victims of TPPO. Related to that, the problem of this article is how the granting of defendant status to Indonesian citizens who are illegal migrant workers in Chiang Rai, Thailand, and how Thailand's responsibility for victims of TPPO occurs in its territory based on the 2000 Palermo Protocol. The article is a normative legal research and descriptive in nature, using secondary data, and data collection is done through literature study. The result and conclusion that can be obtained is that the granting of defendant status to six migrant workers is a violation of the 2000 Palermo Protocol because officers did not use the NRM Guidelines and violated Thailand's Anti-Human Trafficking Act B.E 2551. The Royal Thai Government has made efforts and progress in realizing its responsibility to protect victims of TPPO through its national laws.
Studi Perbandingan Mekanisme Pengujian Undang-undang Terhadap Undang-undang Dasar Oleh Mahkamah Konstitusi Di Indonesia dan Jerman: A Comparative Study of the Judicial Review by The Constitutional Courts in Indonesia and Germany Hamdy Mubarok; 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.v6i4.21386

Abstract

The existence of a mechanism for judicial review of laws against the Constitution is a fundamental aspect that ensures all legislation is aligned with the principles of the Constitution. This mechanism upholds the supremacy of the Constitution, protects the constitutional rights of citizens from potential violations that may occur through legislation that does not comply with constitutional provisions. In Indonesia, the Constitutional Court is responsible for assessing the constitutionality of laws based on the 1945 Constitution. In Germany, this is carried out by the Federal Constitutional Court (Bundesverfassungsgericht), which has the authority to review laws against the Grundgesetz (German Constitution). The research problem in this study is how the mechanism of judicial review of laws against the Constitution is carried out by the Constitutional Court in Indonesia and Germany, and how the differences and similarities in judicial review mechanisms are based on the law in Indonesia and Germany. This research uses secondary data sources and is therefore normative legal research, with a descriptive-analytical nature and conclusions drawn using deductive logic. The result and the conclusion reached is that the German Constitutional Court has broad authority, including the review of both abstract and concrete norms, and its decisions are both final and binding.
PERLINDUNGAN HUKUM BAGI KEAMANAN PENGANGKUTAN BARANG (PUTUSAN MAHKAMAH AGUNG NO. 1550 K/PID.SUS/2023): Legal Protection for the Safety of Goods Transportation (Supreme Court Decision No. 1550 K/Pid.Sus/2023) Kezia Natalia Christy; Siti Nurbaiti
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.v6i4.21388

Abstract

Transportation play a vital role in people's mobility. Therefore, traffic and transportation regulations are needed that are able to facilitate the distribution of goods and facilitate population mobility, which ultimately has an impact on economic growth. Decision 1550 K/PID. SUS/2023 discusses legal aspects in the transportation of goods. Problems: This case began with the detention of the defendant and ended with an acquittal by the District Court due to the improper application of the law. This case relates to transportation law, especially regarding legal protection for the safety of the transportation of goods and the legal responsibility of the carrier. This study uses a normative method with a descriptive approach, data is collected through literature studies. The results and conclusion show that Law No. 22 of 2009 provides a clear legal basis for protection in the transportation of goods, in accordance with the Supreme Court Decision Number 1550 K/PID. SUS/2023. This protection includes the obligation of the driver and the transport company to ensure the safety of the goods as well as their liability for damage or loss. Consistency in the implementation these regulations supports legal compliance andensures safety and efficiency in the trade&transportation sector of goods in Indonesia.
PELANGGARAN PENGGUNAAN GAMBAR “LASKAR CINTA” PADA DESAIN PRODUK KAUS BERDASARKAN UNDANG-UNDANG NOMOR 31 TAHUN 2000: Unauthorized Used Of The “Laskar Cinta” Image On T-Shirt Designgs According To Law Number 31 Of 2000 Laksamana Cristian; 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.v6i4.21427

Abstract

A A design is achieved through extensive time, effort, and thought, resulting in a design that sets a product apart from others. For example, the "Laskar Cinta" image on Dewa 19 T-shirts is different from other T-shirts. However, there have been violations of the "Laskar Cinta" image design, such as piracy and plagiarism. This article discusses the use of the "Laskar Cinta" image as a T-shirt product design. The problem addressed is how Law Number 31 of 2000 protects such image designs and whether unauthorized use of the "Laskar Cinta" image can be subject to sanctions as regulated in Articles 46 and 54. The research employs normative and descriptive methods, analyzing secondary data supported by primary data qualitatively. Conclusions are drawn using deductive logic. The results show that the requirement for novelty is absolute; novelty means the design must not have been disclosed to the public before registration with the Directorate General of Intellectual Property, as stipulated in Article 2. Protection is only granted to those who have registered and received a certificate for their industrial design.
PERLINDUNGAN HAK CIPTA SISTEM OPERASI  KOMPUTER DENGAN LISENSI GPL “GENERAL PUBLIC LICENSE”  BERDASARKAN UU HAK CIPTA INDONESIA: Copyright Protection Of Computer Programs With The Gpl "General Public License" Under The Indonesian Copyright Law Devlin Ianindra Putra; 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.v6i4.21432

Abstract

Copyright is a creation related to art, literature and science which is regulated in Law no. 28 of 2014 concerning Copyright. Technological developments are driven by the rapid development of science, which has resulted in many innovations, thus encouraging the regulation of copyright on computer programs. The formulation of the problem in the research is Can an Operating System with a GPL license be protected by the Copyright Law in Indonesia? And what are the provisions for moral rights and economic rights in an Operating System with a GPL license.This research was conducted by the research method of library, a type of normative juridical research with descriptive research properties with conclusions drawn with deductive logic. Results and conclusions about operating system with GPL license makes all able to modify the operating system in accordance with the freedoms where there is permission to modify by another user is regulated in the GPL license agreement and has automatic protection according to the law, even if there violation of economic rights, then the creator is entitled to make legal efforts.
Legal Protection Of Consumers' Personal Data By Technology-Based Financial Services Provider Companies (Case Study Of Ade Jannah): Protection of Consumers' Data by Technology-Based Financial Services Provider Companies (Fintech) in Indonesia Muhammad Aziz Eka Surya Kusuma; Lestari, Suci
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.v6i4.21458

Abstract

The increasing misuse of personal data has caused legal problems in Indonesia today. The problem at this article will examine how the legal protection of consumer personal data of users of technology-based financial services (fintech) in Indonesia and what legal efforts can be made to overcome the spread of consumer personal data by technology-based financial service providers in Indonesia with a case study of Ade Jannah. This article is a normative juridical research, descriptive in nature, using primary and secondary data supported by primary data, data collection is done through literature study and interviews, and the data will be analyzed qualitatively. The rules regarding the legal protection of consumer personal data of fintech service users are regulated in six laws and regulations. Legal efforts made to overcome the dissemination of consumer personal data by fintech service providers in Indonesia, among others, namely: internal revamping by fintech service provider companies, the establishment of a specialized personal data protection supervisory institution to oversee personal data protection in the financial sector, stricter law enforcement and increased public awareness of personal data protection as well as legal remedies in the context of the Ade Jannah case.
Analisis Putusan Nomor 259/Pdt.Sus-PKPU/2022/PN Jkt Pst tentang Pemeriksaan Penundaan Kewajiban Pembayaran Utang yang Diputus Melebihi Jangka Waktu: Analysis of Decision Number 259/Pdt.Sus-PKPU/2022/Pn Niaga Jkt Pst concerning Postponement Debt Payment Obligations Decided to Exceed the Period Muhammad Raja Akbar Rachman; Ning Adiasih
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.v6i4.21474

Abstract

The regulation concerning the timeframe for PKPU (Suspension of Debt Payment Obligations) decisions is intended to ensure business certainty for the debtor. However, in practice, there are instances where court decisions do not adhere to these regulations. This study addresses two main issues: first, the examination timeframe for PKPU cases in Decision Number 259/Pdt.Sus-PKPU/2022/PN Niaga Jkt Pst. in relation to Article 225, paragraph (3) of the PKPU Law, and second, the legal remedies and impacts if errors are found in the court's decision regarding the PKPU case under the same decision, according to the PKPU Law. The research employs normative legal writing methods with a descriptive approach, using secondary data including primary and secondary legal materials, and draws conclusions through deductive reasoning. The findings indicate that in Decision Number 259/Pdt.Sus-PKPU/2022/PN Niaga Jkt Pst., there was a judicial error because the PKPU request, made by a creditor, was decided within 69 days, which is inconsistent with the prescribed timeframe. If such an error occurs, the debtor can pursue cassation as a legal remedy, in line with the Constitutional Court Decision 23/PUU-XIX/2021.
Perbandingan Konsep Keadilan Restoratif Pada Pelaku Anak Di Indonesia Dan Jerman: Comparison of the Concept of Restorative Justice for Child Offenders in Indonesia and Germany Muhammad Noval Amaldy; Setiyono
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.v6i4.21488

Abstract

This research explores the application of restorative justice for juvenile offenders in Indonesia and Germany, focusing on two cases: the AQJ case in Indonesia and a rape case in Germany involving minors. Restorative justice is applied with the aim of protecting the rights of both the children and the victims within the legal process. The study adopts a normative comparative legal approach. There are two main research questions: first, the differences and similarities in the concept of restorative justice for juveniles in Indonesia and Germany; second, the advantages and disadvantages of applying this concept. The result and conclusion is findings indicate that although Indonesia and Germany share the same goal of restoring the situation for both victims and offenders, as well as mitigating the negative impact on children through mediation, there are differences in the implementation mechanisms. In Indonesia, the approach involves family discussions and focuses on the moral recovery of the child. In contrast, in Germany, juvenile judges play a significant role in educating and rehabilitating the offender through formal and structured mechanisms. Additionally, mediation facilities are more widely available in Germany compared to Indonesia, where the understanding and implementation of restorative justice remain limited.

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