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Narita Adityaningrum
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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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STREAMING FILM “MENCURI RADEN SALEH” OLEH WEBSITE ILEGAL BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA: Streaming the film "Stealing Raden Saleh" by an illegal website based Law Number 28 of 2014 concerning Copyright Puspa Natalia Safitri; Heru Pringgodani
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.v7i1.22029

Abstract

Technological advancements influence cinematographic works, including films protected by copyright. However, this also raises issues of piracy, such as the illegal streaming of Mencuri Raden Saleh. This research examines whether streaming the film through illegal websites can be sanctioned under Law No. 28 of 2014 on Copyright and how the Directorate General of Intellectual Property (DJKI) protects against such practices. The research is descriptive with a normative legal approach, using secondary data and primary data from interviews as supporting sources. Data collection was conducted through literature review and document analysis, while data analysis used a qualitative method with deductive reasoning. The findings conclude that illegal streaming of Mencuri Raden Saleh violates the creator's economic rights under Article 9 paragraph (1) letters a, b, e, and/or g, making it subject to sanctions under Articles 113 paragraphs (3) and (4) of the Copyright Law. DJKI's protection efforts include raising awareness about the Copyright Law and enforcing the removal of pirated content from illegal websites.
REPOST LIVE STREAM YOUTUBE PADA TIKTOK BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA: Repost Of Youtube Live Streams On Tiktok Based On Law Number 28 Of 2014 Concerning Copy Right Rania Maharani; Aline Gratika Nugrahani
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.v7i1.22064

Abstract

Repost activities in the current era have become troubling, reposts that aim to disseminate information are very permissible, but not a few reposters abuse this activity, some parties repost without having permission from the creator and those who repost often seek profit from this activity. Like the case experienced by Youtuber Windah Basudara, his live streaming gaming content was reposted by an irresponsible party and commercialized, while live streaming content is a copyrighted work protected by law. The problem discussed in this paper is whether reposting live streaming without permission is allowed. This type of research is normative which is descriptive in nature, using primary and secondary data, collecting data by literature study which is analyzed with qualitative data, and drawing conclusions in a deductive manner. The results and conclusions of this research are repost activities carried out without permission and profit is an act of copyright infringement. This is in accordance with the regulations in Article 40 of the UUHC that cinematographic works are works protected by copyright.
RATIO DECIDENDI YANG DIBERIKAN HAKIM PADA PUTUSAN NIET ONVANKELIJKE VERKLAARD (TIDAK DAPAT DITERIMA) DALAM PERKARA MEREK GKRI: Decidendi Ratio  Given By Judge In The Verdict of “Niet Ontvankelijk Verklaard” Case Ruling of The Trademark of The GKRI Sifra Zifora; Ning Adiasih
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.v7i1.22073

Abstract

A NO (Niet Ontvankelijk Verklaard) verdict is caused by a formal defect in a lawsuit or the non-fulfillment of formal requirements and often occurs at the exception stage. If the formal requirements are unmet, the final decision will be impacted. So the formulation of the problem in this study is what is the ratio of decidences used by the judge in giving the NO Decision in the GKRI Trademark case. To answer this research, normative research is carried out which is descriptive analysis by sourcing secondary data, which is analyzed qualitatively, while conclusions using a deductive approach. The conclusion and the result of this study is that the judge granted the exception of the Defendant on the basis that the Plaintiff does not have legal standing to apply for trademark cancellation under Law Number 20 Year 2016, so the verdict of Unacceptable/NO is not appropriate, because trademark cancellation can be done by any interested party. In this case, the Plaintiff fulfills the formal requirements of filing a lawsuit, so it has no reason to be sentenced to NO.
Pemidanaan Terhadap Pelaku Pasif Tindak Pidana Pencucian Uang (Studi Putusan Nomor 488/Pid.B/2021/PN JKT.BRT): Punishment of Passive Perpetrators Laundering Crimes (Decision Study Number 488/Pid.B/2021/PN Jkt.Brt) Widyatori Haritz Diamor; Ermania Wijajanti
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.v7i1.22074

Abstract

Money laundering constitutes the act of concealing proceeds derived from criminal activities, referred to as the follow-up crime. In Decision No. 488/Pid.B/2021/PN Jkt.Brt, the predicate offence (core crime) under the Article No.8 of 2010 in conjunction with Article 55(1) of the Indonesian Criminal Code (KUHP) was not proven. The issue addressed in this article is the legal basis upon which the court adjudicated the follow-up crime of money laundering in the absence of a proven core crime, as stipulated under Law No.8 of 2010 in conjunction with Article 55(1) point 1 of the KUHP. This study employs a normative legal research method, utilizing secondary data and adopting a descriptive-analytical approach. The analysis is conducted qualitatively, with conclusion drawn deductively. The findings and conclusion of this study is the court lacks a legal basis to adjudicate the money laundering as a follow-up crime without the presence of proven predicate crime or core crime, in accordance with Article 5 of Law No. 8 of 2010 in conjunction with Article 55(1) point 1 of the KUHP. Consequently, adhering to the principle of nullum crimen sine culpa (no crime without fault), the defendant cannot be held criminally liable.
PENERAPAN GOOD CORPORATE GOVERNANCE YANG DILAKSANAKAN OLEH PT. PERIKANAN INDONESIA (PERSERO): Implementation Of Good Corporate Governance By Limited Liability Company Perikanan Indonesia (Persero) Piere Marquez Vandante; Siti Nurbaiti
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.v7i1.22087

Abstract

The Indonesian government, through the Ministerial Regulation of State-Owned Enterprises No. Per-2/MBU/03/2023, mandates the implementation of Good Corporate Governance (GCG) in state-owned companies to support national economic growth. However, its implementation at PT. Perikanan Indonesia (Persero) in 2022 raised several issues. With the formulation of the problem is how the implementation of Good Corporate Governance (GCG) is carried out by PT Perikanan Indonesia (Persero). This study utilizes a normative and descriptive method, using secondary data that is analyzed qualitatively with conclusions drawn deductively. The research findings and the result, indicate that PT. Perikanan Indonesia (Persero) has not shown strong commitment to the principles of GCG. Despite having Corporate Governance Guidelines and a Code of Conduct, PT. Perikanan Indonesia (Persero) has violated several GCG principles, including transparency, accountability, and responsibility. The application of GCG in this company needs improvement to meet established standards and to enhance corporate performance and integrity.
PERLINDUNGAN HUKUM TERHADAP HAK EKONOMI PEMEGANG PATEN NOKIA (KAJIAN INVENSI PATEN IDP000031184): Legal Protection For The Economic Rights Of Nokia As A Patent Holder (Study of Patent Invention IDP000031184) Ashila Nawwafa Taqiya; Simona Bustani
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.v7i1.22118

Abstract

The 2016 Patent Law Article 19 Paragraph (1) provides legal protection in the form of exclusive economic rights to patent holders, allowing them to gain economic benefits from their inventions. These rights include licensing to third parties in exchange for royalties. The use of patents beyond the licensing period without permission is considered a violation of the patent holder’s economic rights. This study examines the legal protection of Nokia’s economic rights for patents produced by Guangdong Oppo and Realme Chongqing and Nokia’s efforts to safeguard these rights. The research uses normative and descriptive methods with primary and secondary data analyzed qualitatively through deductive reasoning. The result and conclusion is the government provides patent holders with exclusive rights, including economic rights. Disputes arising from violations can be resolved through litigation or non-litigation. Nokia filed a compensation claim against PT Bright Mobile Telecommunication, but the claim was deemed inadmissible (niet ontvankelijk verklaard). Eventually, the matter was resolved through cross-licensing agreements with Guangdong Oppo and Realme Chongqing.
ANALISIS TERHADAP TINDAKAN MENGHILANGKAN WATERMARK ADSFORT DI TIKTOK BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA: Analysis Of The Act Of Removing The Adsfort Watermark On Tiktok Based On Law No. 28 Of 2014 On Copyright Alfina Hayati; Aline nugrahani
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.v7i1.22121

Abstract

Watermarks to facilitate identification if work of creation is taken by another party without the permission of the creator. Video content is cinematographic work protected in Article 40 of Law Number 28 of 2014 concerning Copyright. Content creators utilize watermarks added to their work. If in the future someone claims their work without the permission of the creator, the watermark can be an identification that the work is originally owned by the creator. Content creator who has experienced this is @Adsfort, where his video was taken by another party and the original watermark was removed and replaced with new watermark without the permission of @Adsfort. The problem in this article is how to remove video watermark on the TikTok and whether the action of removing the Adsfort watermark a copyright infringement based on the Copyright Law. The type of normative legal research that is descriptive in nature is analyzed qualitatively by drawing conclusions in the form of deductive logic. The result  and conclusion of article that the action of removing the watermark by covering it with sticker and then replacing it with new watermark without the permission of the creator is copyright infringement and there is loss for the creator.
PELAKSANAAN PATEN OLEH UNIVERSITAS TRISAKTI SEBAGAI PEMEGANG PATEN BERDASARKAN UU NOMOR 13 TAHUN 2016 TENTANG PATEN: Implementation of Patents by Trisakti University as a Patent Holder Based on Law 13 of 2016 on Patents Grace; Rr. Aline Gratika Nugrahani
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.v7i1.22128

Abstract

All Patent Rights Holders have obligations that must be carried out, namely paying annual patent maintenance fees and implementing the patents they own, as written in article 20 and article 132 of Law Number 13 of 2016 paragraph (1) letter (e).  If it is violated, the result is that the patent can be invalidated based on a court decision, then how is the implementation of Trisakti University's patent in accordance with Law of the Republic of Indonesia No. 13 of 2016 concerning Patents? This article's research type uses descriptive normative legal research, using secondary and primary data with interviews with IPR Consultants, DJKI staff, Patent Inventors at Trisakti University, as well as interviews with staff at the Research and Innovation Institute of Muhammadiyah University, Surakarta. Data was collected through literature study which was analyzed using qualitative methods, by drawing conclusions deductively. The results of the discussion and conclusions of this article show that not much effort has been made to implement patents by Trisakti University as the patent holder. One of the obstacles is that patent implementation has not yet become a work program at universities, there is a lack of funds and facilities to be able to implement patents, and many inventors do not yet understand their obligations after a patent is granted.
TINDAK PIDANA PERLINDUNGAN TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA (PUTUSAN NO 31/PID.SUS/2021/PN MNA): Criminal Protection Of Victims Of Domestic Violence (Decision No 31/Pid.Sus/2021/Pn Mna) Alevia Faza Davina; Andi Widianto
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.v7i1.22133

Abstract

It is no longer a secret that domestic violence, particularly violence against women and children, happens in Indonesia. In Indonesia, the number of violent cases is among the greatest. 80.2% of confirmed incidents of domestic abuse in 2021 involved women, while 19.8% involved males, according to statistics gathered by the Ministry of Women Empowerment and Child Protection. 58.0% of female victims reported domestic abuse in their home, depending on where the incident occurred.  The formulation of the problem from this study is how to arrange protection for victims of domestic violence and whether the regulations on domestic violence have provided protection for victims of Decision Number 31/Pid.Sus/2021/PN Mna. The research methodology is a descriptive analytical normative legal research approach that employs qualitative analysis. Law Number 23 of 2004 concerning the Elimination of Domestic abuse has normatively provided legal protection for victims of domestic abuse, according to the study's findings. However, more implementation of these provisions—both in the form of policies and actions is required.
PENGAKTIFKAN KEMBALI PEMBERHENTIAN TIDAK DENGAN HORMAT APARATUL SIPIL NEGARA (STUDI PUTUSAN NO.26/G/2019/PTUN. GTO): Reactivation Of Dismissal Without Honor Of State Civil Apparatus (Study Of Decision No. 26/G/2019/Ptun.Gto) Innayah Sismitha Abd Wahab; Andari Yurikosari
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.v7i1.22138

Abstract

Bone Bolango Regency, as part of Indonesia's administrative entity, oversees a number of State Civil Apparatus (ASN) who perform vital functions in maintaining government stability and providing the best services to the public. However, in practice, there are cases showing dismissals of ASNs that do not align with the legal principles and ethical norms in force. The dismissal of State Civil Apparatus (ASN) without honor not only affects the individual concerned, but also reflects the quality of the public administration system in Bone Bolango Regency. The problem statement in this article is: How to reactivate ASNs dismissed without honor, and what are the legal consequences of the dismissal decision issued by the Regent of Bone Bolango? The research method used is normative juridical research. The result and the conclusion of this article is that reactivation is possible after the issuance of the decision letter by the Regent of Bone Bolango, on the grounds that it was made without referring to and considering the applicable laws. The legal consequence of the Dismissal Decision without honor for ASN in Bone Bolango Regency is that the individual concerned is not allowed to return to active civil servant status anywhere

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