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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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PERBANDINGAN MAHKAMAH KONSTITUSI INDONESIA DAN VERFASSUNGSGERICHTSHOF AUSTRIA: Comparasion of IThe Indonesian Constitutional Court and Verfassungsgerichtshof Austria Dimas Adiansyah; Dimas Adiyansyah; 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.v6i4.21612

Abstract

The state of law needs a good constitution. one of the constitutions that can be used as a comparison is Austria. Formulation of the problem What is the position of the constitutional courts in Indonesia and Austria in the constitutional structure? And what is the membership and authority of the constitutional courts in Indonesia and Austria? The research method is based on normative law with descriptive nature. The result and conclusion, the status of the Constitutional Courts of Indonesia and Austria is both independent judicial institutions that uphold the constitution and the constitutional rights of citizens. Judges of the Indonesian Constitutional Court are prohibited from concurrently holding positions as: officials of other countries or civil servants. Meanwhile, the requirements for Austrian Constitutional Court judges are to have a degree in law or political science and at least 10 years of legal professional experience, and to be appointed by the Federal President based on decision submitted by three people. institutions, namely the Federal Government, the National Assembly and the Federal Council. The Indonesian Constitutional Court has the authority to test the constitutionality of laws. In contrast to Austrian Constitutional Court which has the authority to test constitutionality of all legal products.
ANALISIS YURIDIS TERHADAP PENERAPAN SISTEM SHOP PADA TIKTOK: Juridical Analysis Of The Implementation Of The Shop System At Tiktok Diouf Dihyan Gantari Munif; 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.v6i4.21613

Abstract

Based on Law No. 11 of 2008 concerning ITE, social commerce, which is a combination of social media and e-commerce, is prohibited from facilitating payment transactions on electronic systems. This prohibition applies to platforms such as TikTok and Tokopedia. This study aims to examine the formulation of the problem regarding the implementation of the Shop system on TikTok as social media and Tokopedia as e-commerce according to legal regulations in Indonesia, as well as the obstacles that arise. Using normative legal methods and descriptive approaches, secondary data are analyzed qualitatively and concluded with deductive logic. The results of the research and discussion show that the TikTok Shop system violates Article 21 paragraph (3) of Permendag 31 of 2023 concerning Electronic System Organizers for Trade (PPMSE), because it continues to facilitate payment transactions through its electronic system, which should be prohibited according to applicable regulations
WANPRESTASI DALAM PERANJIAN CARTER KAPAL ANTARA PT. PELAYARAN BATAMITRA SEJAHTERA DENGAN PT. KHARISMA INTI MULIA: Form of Loss in the Event of Breach of Performance in the Charter Agreement Renita Tobing; Elfrida Ratnawati
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.v6i4.21628

Abstract

The case raised in this thesis research is a breach of contract in the charter agreement between PT,. The problem is: are there any defaults in Carter Agreement No. 018/SPAL-TC/PBS-KIM/X/2020? And what form of compensation is due to PT's default? Kharisma Inti Mulia towards PT. Batamitra Sejahtera Shipping in Carter Agreement No. 018/SPAL-TC/PBS-KIM/X/2020? Main problem this research is using a normative research, analytical description with secondary data, then the data is analyzed qualitatively by drawing conclusions using deductive logic. The results and conclusion of this article that there was a breach of contract committed by PT. Kharisma Inti Mulia towards PT. Pelayaran Batamitra Sejahtera and can apply Article 1238 of the Civil Code. PT. Kharisma Inti Mulia has committed a breach of contract by not paying the amount that should be stipulated in a valid agreement, namely Ship Transport Agreement Letter No. 018/SPAL-TC/PBS-KIM/X/2020, which resulted in material and immaterial losses to PT. Batamitra Sejahtera Shipping. The charterer did not show good faith in providing compensation until this lawsuit was submitted to the Batam District Court.
GANTI RUGI KEBAKARAN HUTAN AKIBAT PEMBUKAAN LAHAN KELAPA SAWIT (STUDI PUTUSAN NOMOR 171/PDT/G/2020/PN.JKT.PST): Compensation For Forest Fires Due to Oil Palm Land Clearing (Study of Decision Number 171/PDT/G/2020/PN.JKT.PST) Fendry Aliffia Putri Yusendhi; Irene Mariane
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.v6i4.21660

Abstract

Indonesia is an agrarian country. Indonesia's forests are very large, but now there is a lot of forest destruction such as forest fires. The formulation of the problem is whether the amount of compensation for forest fires due to land clearing based on decision number 171/Pdt/G/2020/PN.Jkt.Pst is in accordance with the Forestry Law? and how is the analysis of forest fire law enforcement in decision number 171/Pdt/G/2020/PN Jkt.Pst?. It is normative legal research, descriptive analytical. Using secondary data. Analyzed qualitatively by drawing conclusions deductively. The result and conclusion is that the amount of compensation for forest fires due to land clearing based on Decision Number 171/Pdt/G/2020/PN.Jkt.Pst is in accordance with the Forestry Law. Article 7 paragraph (1) letter b of PERMENLHK Number 7 of 2014 which contains this provision to carry out and determine the calculation of the amount of compensation that must be paid by the Defendant. After the calculation, it was decided that the amount of compensation to be paid by the Defendant was Rp.160,530,895,240,-. The enforcement of forest fire laws in this Decision is still inappropriate because of the sanctions regarding forest fires, namely the provisions of Article 78 paragraph (3) jo Article 80 the Forestry Law.
ANALISA PEMIDANAAN TERHADAP PELAKU PENYALAHGUNA NARKOTIKA GOLONGAN I: Analysis Of Punishment Against Perpetrators Of Category I Narcotics Abuse Ismet Samuel Tahoran; Ermania Widjajanti
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.v6i4.21661

Abstract

Narcotics offences are a social phenomenon and a wide range of community life issues exist in the surrounding area. This criminal act will always find its development in terms of quantity and quality by following the changing times. The subject matter of the problem is how the punishment of Class I Narcotics Abusers and Judges' Consideration of Narcotics Offenders. This research is a normative research based on Data analysis is carried out qualitatively and conclusions are drawn using deductive logic, based on the result and conclusiont analysis that has been carried out Criminalisation of Criminal Abusers of Class I Narcotics that the defendant's actions fulfil the elements of Article 127 Paragraph (1) of Law Number 35 of 2009, In imposing punishment on perpetrators of Narcotics or Drug Abusers for themselves, the judge must pay attention to SEMA Number 4 of 2010 in imposing sanctions on the actions of Mhd Hatta Sinaga Als ega, Rehabilitation as an alternative to imprisonment for perpetrators who are victims of narcotics abuse aims to restore health and reduce the risk of recurrence of harmful behaviour. Rehabilitation emphasises physical and mental recovery, as well as social sanctioning of the offender into the community and not imprisonment.
KERUGIAN KONSUMEN AKIBAT PEMBATALAN PUTUSAN BPSK STUDI KASUS DARMANSYAH (PUTUSAN NOMOR: 209/PDT.SUS.SUS-BPSK/2023/PN.PDG: Consumer Losses Due To Cancellation Of Bpsk Decision Darmansyah Case Study (Decision Number: 209/Pdt.Sus.Sus-Bpsk/2023/Pn.Pdg Andre Setyawan; Dian Purnamasari
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.v6i4.21666

Abstract

Telkomsel, one of the largest telecommunications service providers in Indonesia, is obliged to comply with the Consumer Protection Law (UUPK) and Telecommunications Law to carry out its obligations and protect consumer rights. The main issue raised was the losses experienced by consumers as a result of the cancellation of the decision of the Padang City Consumer Dispute Resolution Agency (BPSK) in decision number 209/Pdt.Sus-BPSK/2023/PN.Pdg. This normative research uses a descriptive approach, secondary, and primary data, and draws conclusions deductively. The research results and conclusion show that consumers experience material losses because they do not get their rights, while business actors do not carry out their obligations properly. The panel of judges' considerations were deemed to be inaccurate in applying UUPK articles, and did not refer to the Telecommunications Law, even though the Telecommunications Law emphasizes the obligations of business actors to fulfill consumer rights. Therefore, the panel of judges should consider these aspects to ensure better protection for consumers.
Pelanggaran Hak Cipta Oleh Oknum Karyawan PT. TE Pada Pemakaian Perangkat Lunak "Geovia Surpac" Bajakan: Infringement Copyright By TE Company Certain Employee In The Use Of Pirated “Geovia Surpac” Software Rayi Putri Maheswari; Simona Bustani
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.v6i4.21668

Abstract

Article 40 paragraph (1) letter S of Copyright Laws acknowledges that software are protected creations, providing assurance against acts of theft as stipulated in Article 113 of Copyright Law. The issue of study how to protect economic rights of “Geovia Surpac” software copyright holder, which have been violated according to UUHC, and PT. TE preventing action of the pirated software usage in future. This study normative descriptive research, use secondary data from literature and primary data through interview, examined qualitative, concluded with deductive logic. The result and conslusions are shoes copyright grants exclusive rights for creator in the form of economic and moral rights according to Article 4 of the Copyright Law. The violation to economic rights to copyright holder of “Geovia Surpac” software by certain employee of PT. TE breaches Article 113 of the Copyright Law. The resolution agreed upon by both parties is through negotiations for the purchase of “Geovia Surpac” software for one use at market price, release of PT. TE from any related dispute cost, and release from civil or criminal lawsuit.
Kewenangan Pemerintah Daerah Khusus Ibu Kota Jakarta Dalam Menangani Sampah Medis Saat Pandemi Covid-19: Authority of the Special Capital City Regional Government of Jakarta in Handling Medical Waste During the COVID-19 Pandemic Bryan Akmal; 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.v6i4.21679

Abstract

This article elaborates on the Government's authority in handling medical waste during the COVID-19 pandemic. The writing of this article is dine the normative juridical research method by taking data sources from primary data and secondary data. Data analysis is carried out qualitatively, and conclusions using deductive logic. Law number 32 of 2009 concerning Environmental protection and Management becomes the lrgal basis in regulating waste management, especially medical waste. This article research that examines main problem is, focus on the policy of the DKI Jakarta regional Government in handling health waste during the COVID-19 pandemic period and then explore the supporting and inhibiting factors that affect the management of medical  waste by the DKI Jakarta Regional Government in the region. The results of the discussion of his article are expected to provide input for the improvement of policies and actions in improving the affectiveness of medical waste handling during the pandemic and other emergency health situations. The conclusion the discussion and the conclusions of this article show that Circular Letter No.SE.2/MENLHK/PSLB3/PLB.3/3/2020 regulates the management of infectious medical waste during COVID-29 in Jakarta. DKI Jakarta is experiencing regulatory constraints, processing capacity, institutional coordination, human resources, and financing.
PENGARUH UANG JAPUIK TERHADAP PEWARISAN PADA MASYARAKAT DESA KALAWI, KECAMATAN SUNGAI GERINGGING, PADANG PARIAMAN, SUMATERA BARAT: The Influence Of Japuik Money On Inheritance In The Community Of Kalawi Village, Sungai Geringging Sub-District, Padang Pariaman, West Sumatra Karmilah; Khairani Bakri
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.v6i4.21698

Abstract

The Bajapuik (Jemput) tradition and Japuik money are characteristic or identity of the Pariaman community, especially Kalawi Village. Bajapuik is considered an obligation where the wife's family gives the husband (future husband) a sum of money or value according to mutual agreement before the marriage contract. The formulation of the problem in this article is how is the concept of japuik money in the Kalawi Village community, Sungai Geringging, Padang Pariaman, West Sumatra? and Does japuik money affect the inheritance of the residents of Kalawi Village, Sungai Geringing, Padang Pariaman, West Sumatra? The research method is Social law, descriptive analytical using primary and secondary data, data collection in the form of interviews and literature studies, qualitative data analysis with deductive conclusions. Japuik money is a gift from the bride and is returned and there is an addition from the groom to the bride. The determination of japuik money is carried out during the maresek event and together with the determination of other needs. While the gift is given when accompanying the groom to celebrate the wedding at his wife's house. The prospective groom will return japuk money in form of a gift in form of gold/silver of the same/greater value.
TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN ATAS PENJUALAN EMAS TIDAK SESUAI KADAR EMAS BERDASARKAN HUKUM PERLINDUNGAN KONSUMEN: Business Responsibility For Sale Of Gold Which Is Not According To Gold Content Based On Consumer Protection Law Zulfikar Hidayat; N.G.N Renti Maharaini
Reformasi Hukum Trisakti Vol 7 No 1 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i1.21537

Abstract

The Responsibility of Business Actors to Consumers for Selling Gold Not in Accordance with Promised Gold Content Based on decision No. 8/Pid.Sus/2022/PT BNA, the issue at hand is: What is the responsibility of business actors to consumers for selling gold that does not meet the promised gold content according to Law No. 8 of 1999 on Consumer Protection, and whether Decision No. 8/Pid.Sus/2022/PT BNA regarding business actors selling gold not in accordance with the promised gold content complies with Law No. 8 of 1999 on Consumer Protection. This article discusses the issue using normative research that is descriptive in nature, with library studies analyzed qualitatively to draw conclusions deductively. The results and conclusions indicate that Toko Emas Asia Banda Aceh must take responsibility in accordance with Article 19 paragraph (1) of the law for consumer losses resulting from the sale of gold not matching the promised content by providing compensation in the form of a refund or replacement with equivalent goods or services. Furthermore, Decision No. 8/Pid.Sus/2022/PT BNA is not in accordance with Law No. 8 of 1999 on Consumer Protection because it only imposed criminal sanctions on the business actor Toko Emas Asia Banda Aceh. According to Article 28 of the Consumer Protection Law, judges must provide reverse proof to business actors for consumer losses.

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