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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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ANALISIS PUTUSAN MENGENAI PERKARA PERDATA YANG DIPERIKSA BERDASARKAN HUKUM ACARA PIDANA: Analysis Of Decisions On Civil Cases Examined Based On Criminal Procedure Law Dava Setiawan Hanif; Elfrida Ratnawati Gultom
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.v6i4.21489

Abstract

The purpose of this thesis research is to analyse Decision Number 611/Pid.B/2023/PN Jkt.Tim, in which the defendant was convicted of fraud, then the judge convicted the defendant because he had committed fraud legally and convincingly, then the defendant had violated the contents of the agreement accompanied by bad faith. The main issues raised are whether the actions of the defendant in Decision Number 611/Pid.B/2023/PN Jkt. Tim include criminal acts? And whether the Judge's consideration in Decision Number 611/Pid.B/2023/PN Jkt.Tim was appropriate? The method used in writing this thesis is normative research with descriptive research supported by secondary data, sourced from primary, secondary, and tertiary legal materials. Based on the analysis conducted, the result and it can be concluded that the defendant's actions in verdict Number 611/Pid.B/2023/PN Jkt.Tim. Not a criminal act because there are no criminal elements found in the defendant's actions, not even including default on the coal sale and purchase agreement and the consideration of Judge Number 611/Pid.B/2023/PN Jkt.Tim. This decision was incorrect because it did not look at the basis of the Defendant's actions, as well as assessing the Police Investigation Report and the facts during the trial at the Court.
ANALISIS YURIDIS TINDAK PIDANA MEMANIPULASI DATA PENDUDUK ORANG LAIN TANPA HAK UNTUK KEPENTINGAN PRIBADI (STUDI PUTUSAN NO.46/PID.SUS/2023/PN SLT): Legal Analysis Of The Criminal Act Of Manipulation Of Other Persons' Population Data Without Rights For Personal Interests (Study Of Decision No.46/PID.SUS/2023/PN SLT) Muhammad Fajriansyah Permana; Dian Adriawan D Tawang
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.v6i4.21490

Abstract

The problem in this research is how to determine the qualifications of the offense of manipulating other people's population data without rights for personal gain and how is the modus operandi carried out by the perpetrator of the crime of manipulating other people's population data without rights for personal gain. The research method uses normative research type, which is descriptive research, with secondary data sources with primary legal materials and secondary legal materials, and analyzing data using qualitative and drawing conclusions using the deductive method. In general, offense qualifications can be recognized from objective elements and subjective elements. Modus operandi is the background of a person committing a criminal offense. The result and conclusion of this research is that the decision can be qualified as a formal crime because it is based on the actions of the perpetrator of the crime related to manipulating the population data of the victim named Karsono. The modus operandi was that the defendant sold starter packs without the need to register the starter pack with the buyer's identity, so that the Smarfren starter pack could be used directly by consumers without having to register first, and this was done unlawfully.
Sulitnya Mensejahterakan Masyarakat Suku Baduy Dalam Pendidikan: Difficulties in Advancing The Welfare of The Baduy Tribe in The Field of Education Tiara Sari Dewi; 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.v6i4.21492

Abstract

Island Java still tribes that uphold traditional rules and preserve them, one of which is in Ds. Kanekes, District. Leuwidamar, Kab. Lebak, Banten Province, namely the Baduy tribe. This is also the reason why it is difficult to provide formal education to children in the Baduy tribe, namely because people still believe that formal education is something that is not good for children. The problem is: how is the fulfillment of child welfare related to education in the Baduy tribe compatible with Law Number 4 of 1979 concerning Child Welfare? What are the efforts made by the government in developing children's education in the Baduy tribe? The type of research used is Sociolegal. The nature of the research is descriptive. Inductive method of drawing conclusions. The factor that makes it difficult to provide formal education in the Baduy tribe is because according to their customs education is prohibited and is a threat to their culture. The government has tried and tried to provide educational assistance such as sending teachers and providing assistance in the form of reading materials for children in the Baduy tribe. However, until now this has been difficult to accept.
Peran Pemerintah Daerah Kota Bogor Dalam Pelaksanaan Urusan Pemerintahan di Bidang Lalu Lintas dan Transportasi: The Role Of The Bogor City Regional Government In Implementing Government Affairs In The Field Of Traffic And Transportation Sacharissa Kaulika; Ninuk Wijiningsih
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.v6i4.21532

Abstract

Based on Bogor City Regional Regulation Number 8 of 2023 and Bogor City Regional Regulation Number 10 of 2019, the Regional Government of Bogor City has the authority to regulate transportation and traffic in the City of Bogor. The problem of this research is whether the efforts made by the Bogor City Regional Government in the field of transportation are in accordance with Bogor City Regional Regulation Number 8 of 2023? and what are the obstacles for the Bogor City Government in enforcing regulations in the transportation sector and the solutions. This research is a type of normative legal research, deductive in nature, using secondary data as the main data, analyzed qualitatively, and drawing conclusions deductively. The conclusion of this research is Regional Government of the City of Bogor controlling and regulating transportation and traffic in the City of Bogor, in this case has tried to control and regulate transportation, but there are still obstacles and it has not been maximized, which causes the traffic transportation regulations in the area to be imperfect. The city of Bogor and limited infrastructure exacerbate transportation problems in this city. The Government needs to take strategic steps to increase public awareness through traffic safety.
ANALISIS YURIDIS PENYELENGGARAAN RUPSLB PT KTI YANG DIDUGA DILAKUKAN SECARA MELAWAN HUKUM (STUDI PUTUSAN PN NO 236/PDT.G/2019/PN BDG JO PT NO 484/PDT/2020/PT BDG): Juridical Analysis Of The Organization Of Pt Kti's Rupslb Suspected To Be Conducted Unlawfully (A Study Of The District Court Decision No. 236/Pdt.G/2019/Pn Bdg Jo Pt No. 484/Pdt/2020/Pt Bdg Gabriel Sibtua Sianturi; Arif Wicaksana
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.v6i4.21535

Abstract

In the case of the Bandung High Court Decision Number 484/PDT/2020/PT.BDG, there was a violation of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) related to the conduct of an RUPSLB by Defendants SSM and Koshii HK. The shareholders' meeting did not meet the quorum for attendance and decision-making, resulting in the decisions made, including the appointment of Defendant SSM as the Chief Executive Officer, being deemed null and void. The plaintiff, PT KTI, utilizing a Legal Juridical Perspective analysis, filed a lawsuit seeking the annulment of the decisions made during the shareholders' meeting, alleging Defendants SSM, Koshii HK, and Notary TT engaged in Unlawful Acts. This lawsuit referred to Article 1365 of the Civil Code and claimed damages. The court ruled that PT KTI proved to be a victim of unlawful acts and imposed sanctions under Article 1365 of the Civil Code. The application of Article 3 paragraph (2) of the UUPT indicates that shareholders can be involved in the company's unlawful acts. PT KTI was considered to have committed lawful actions, and the conducted RUPSLB was deemed invalid. This conclusion underscores the importance of compliance with legal procedures and regulations in conducting RUPSLB.
Tindak Pidana Persetubuhan Terhadap Anak Dalam Bentuk Gabungan Tindak Pidana (Studi Putusan Nomor 130/PID.SUS/2021/PN.KPG): The Criminal Act Of Sexual Intercourse Against Children As  Combined Criminal Offense: Study Of Decision No. 130/Pid.Sus/2021/Pn.Kpg. Jonathan Ariesto; Azmi Syahputra
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.v6i4.21572

Abstract

The crime of sexual intercourse with a minor is a violation of human rights, especially children's rights. In decision Number 130/Pid.Sus/2021/PN.Kpg, the Defendant had sexual intercourse with the victim more than once. The formulation of the problem in this study is whether the actions committed by the Defendant fall within the qualifications of Article 81 paragraph (2) of the Child Protection Law and whether the characteristics of the actions committed by the Defendant meet the elements to be called continuing actions. This study uses a normative research method that is descriptive in nature and uses secondary data. The results of the study and its conclusions are that the actions committed by the Defendant in case Number 130/Pid.Sus/2021/PN.Kpg who had sexual intercourse with the victim by persuading the victim by expressing affection so that the victim would have sexual intercourse have met the qualifications of Article 81 paragraph (2) of the Child Protection Law and meet the characteristics of continuing actions where sexual intercourse is carried out again within a period of time that is not too far away so that the actions committed by the Defendant meet the elements of continuing actions.
PROBLEMATIKA YURIDIS KEWENANGAN PEMERINTAH DAERAH DALAM MEMUNGUT PAJAK BEA BALIK NAMA KENDARAAN BERMOTOR UNTUK MENINGKATKAN PENDAPATAN ASLI DAERAH: Juridical Problems Of Regional Government's Authority To Collect Tax On Motor Vehicle Title To Increase Regional Original Income Jenn Permatasari Butar Butar; Muhammad Imam Nasef
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.v6i4.21573

Abstract

The Province of the Special Capital Region of Jakarta, the capital of Indonesia, with the principle of Regional Autonomy, the DKI Jakarta Regional Government is given the authority to regulate its own household affairs, in this case the Motor Vehicle Name Return Duty Tax is collected by the Provincial Government and included in the Regional Original Revenue. The formulation of the problem in this article is what are the legal problems faced by the Jakarta Provincial Government in collecting the BBNKB Tax in 2021-2022 and how the BBNKB Tax contributes to the 2021-2022 Jakarta provincial revenue. The research method used is normative research. The result and conclusion of this article is that the Authority of the Regional Government in terms of collecting BBNKB Tax is in accordance with Regional Regulation Number 6 of 2019 concerning Motor Vehicle Name Return Duty, but it is not implemented optimally and has the potential to get a larger tax. The government can optimize its revenue by increasing taxpayer compliance by conducting socialization and educational campaigns through social media or billboards and stimulating strategies to optimize Regional Original Revenue through the BBNKB Tax.
PALAKU TERHADAP SYARAT PERKAWINAN MASYARAKAT ADAT DAYAK NGAJU DI KELURAHAN MENTENG, KECAMATAN JEKAN RAYA, KALIMANTAN TENGAH: Palaku as the marriage requirements the Dayak Ngaju Community in Menteng Urban Village, Jekan Raya District, Central Kalimantan Tashya Elisabeth; Harto
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.v6i4.21574

Abstract

Dowry is a fundamental requirement that must be prepared in a traditional marriage. Particularly in the Dayak Ngaju marriage culture, where it is known as palaku. Palaku represent as a gift from a man who proposes to a Dayak woman. This research focuses on two main problems, which are 1) How is the implementation of palaku in the marriage of the Dayak Ngaju traditional community in Menteng Urban Village, Jekan Raya District, Central Kalimantan? 2) What are the legal consequences of Dayak Ngaju traditional marriage if the palaku cannot be fulfilled by the community in Menteng Urban Village, Jekan Raya District, Central Kalimantan?  The article employs a sosio-legal approach with descriptive analysis obtained from primary data or interview studies then processed qualitatively. The conclusion indicates that the implementation of palaku in the marriage of Dayak Ngaju community in Menteng Urban Village, Central Kalimantan, typically begins at the mamangul stage or engagement stage to reach an agreement on the continuation of traditional marriage. The legal consequences of Dayak Ngaju Traditional marriage, if the palaku cannot be fulfilled it can undermine the marriage’s validity and the male party will face singer or customary fines
PELAKSANAAN TUGAS BADAN PENGELOLAAN KEUANGAN DAERAH PROVINSI DKI JAKARTA TAHUN 2022-2023: Implementation of the Duties of the Regional Financial Management Agency of DKI Jakarta Province in 2022-2023 Farhan Aryatama; Wiratno
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.v6i4.21583

Abstract

The delegation of authority to regions involves the delegation of authority from the central government, as regulated by Law Number 23 of 2014. Jakarta is a special region, and it is governed by its own law under Law Number 29 of 2007 on Regional Financial Management. However, financial management still refers to Government Regulation Number 12 of 2019. Nevertheless, the implementation of these regulations is not always optimal, as seen in the case of the inclusion of hidden budgets in the quarterly reports of DKI Jakarta's APBD 2023, indicating the need for improvement in the responsibility and transparency of BPKD. The formulation of the problem of this article is how the mechanisms and obstacles in DKI Jakarta's regional financial management. Research methods This article uses normative legal methods, uses descriptive research properties, uses secondary data made from primary and secondary laws. Drawing conclusions using the deductive logic method. The results and conclusions of this research are the financial management of DKI Jakarta by BPKD DKI Jakarta in accordance with Government Regulation Number 12 of 2019, and the obstacles in financial management include a lack of qualified human resources and a poorly integrated information system.
STATUS DAN KEDUDUKAN USAHA MIKRO DAN KECIL SETELAH TERDAFTAR SEBAGAI PERSEROAN: The Legal Status and Position of Micro and Small Enterprises After Registering as a Sole Proprietorship Corporation M. Pasha Arifin Nusantara; Sri Bakti Yunari
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.v6i4.21611

Abstract

The government through Law Number 11 of 2020 concerning Job Creation as amended by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law seeks to encourage ease of doing business, one of which is ease of doing business MSEs. The legal issues in  this article are: 1) what is the status and position of an MSE company according to the concept of a sole proprietorship based on the Job Creation Law? 2) what are the responsibilities of the founders and shareholders of the legal entity status towards MSEs for a sole proprietorship company? The research in this thesis is a normative research. The research was conducted using qualitative analysis with deductive conclusions drawn. The result and conclusion of this study is, namely for companies that have legal status, have the status of a legal entity, and their position in the running of the company can use one tier board or multiple boards. The founders and managers of individual companies, there is protection in the form of limitations of responsibility, but if it is carried out without good faith.

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