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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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PERBANDINGAN HUKUM TENTANG HUKUMAN MATI MENURUT KITAB UNDANG-UNDANG HUKUM PIDANA NOMOR 1 TAHUN 2023 DAN PENAL CODE OF SINGAPORE: Comparison Of Laws On The Death Penalty According To The Criminal Code Number 1 Of 2023 And The Penal Code Of Singapore Utari Nabila Andjani; Dian Adriawan D Tawang
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.v7i1.22195

Abstract

Indonesia and Singapore are among 68 countries that use the death penalty. The death penalty enforced in Indonesia is stated in the Criminal Code Number 1 of 2023. Singapore is the smallest country but has the highest existence of the death penalty for its people who violate the rules of the Criminal Code. The purpose of this study is to provide a comparative description of criminal acts that are sentenced to death according to Indonesian and Singaporean law and to determine the similarities and differences in the death penalty in Indonesia and Singapore. This type of research is normative law, namely research carried out by reviewing library documents or secondary data. Secondary data collection is a technique for collecting data for this research through literature studies. The results of the data analysis obtained by the State of Indonesia regulate criminal acts that are sentenced to death for crimes: sabotage and crimes during war, premeditated murder, theft, drug abuse, corruption, serious human rights violations. The State of Singapore regulates criminal acts that are sentenced to death for crimes: murder. Similarities in the death penalty, both countries still apply the death penalty and regulate sanctions. The difference regarding the legal system is that Indonesia adheres to the Civil Law legal system and Singapore adheres to the Common Law legal system
KEWAJIBAN BANK SEBAGAI ACQUIRER TERHADAP PEMBERLAKUAN PEMBEBANAN BIAYA TAMBAHAN (SURCHARGE) OLEH MERCHANT PADA TRANSAKSI KARTU KREDIT: Bank’s Obligations as an Acquirer Regarding the Imposition of Surcharges by Merchants on Credit Card Transaction Farah Airitsa Hermawan; 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.v7i1.22197

Abstract

Merchant Discount Rate is a fee charged by the Bank to merchants for transactions made using credit cards through Electronic Data Capture machines, the fee is prohibited to be charged to customers when making transactions, but in practice there are still many merchants who charge the fee to customers, especially when making payment transactions using credit cards. The problem formulation in this article is how the Bank's obligation as an acquirer towards the application of surcharge by merchants in credit card transactions. This research uses descriptive normative research method, with secondary data and primary data as support which is analyzed qualitatively with deductive inference. Results and conclusions of the study is illustrate that the application of additional fees is prohibited by Bank Indonesia Regulation Number 11/11/PBI/2009 concerning the Implementation of APMK Card Activities jo. Bank Indonesia Regulation Number 23/6/PBI/2021 concerning Payment Service Providers, but in its implementation this regulation still cannot be implemented properly due to the gap between regulations and what happens in the field, where the Bank has not been able to fully carry out its obligations in accordance with applicable regulations due to Bank business reasons.
Pengelolaan Pajak Kendaraan Bermotor Provinsi Bali Tahun 2021-2022 Berdasaran Peraturan Daerah Provinsi Bali Nomor 9 Tahun 2019 Tentang Pajak Daerah: Management of Vehicle Tax in Bali 2021-2022 Based on Regional Regulation Number 9 of 2019 on Local Tax Salsabilla Saeed Hassan; Muhammad Imam Nasef
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.v7i1.22199

Abstract

The authority of the Bali Provincial Government in managing motor vehicle tax as one of the largest sources of local tax revenue. The problem is how the authority of the Bali Provincial Government in managing Regional Original Revenue (PAD) based on Regional Regulation Number 9 of 2019 and how the contribution of the tourism sector to Regional Original Revenue in Bali Province. This research uses normative juridical methods, descriptive in nature, using secondary data which is analyzed qualitatively and drawing conclusions using the deductive method. The result and the conclusion of this study is that the Regional Government is authorized to manage Regional Original Revenue in the tourism sector in accordance with Regional Regulation Number 9 of 2019 concerning the Third Amendment to Regional Regulation Number 1 of 2011 concerning Regional Taxes. It has been regulated regarding the collection rates and sanctions that must be applied by the Regional Government. Revenue from vehicle tax in 2022 has decreased by only 43.77% from the previous year which could reach 50% of Regional Original Revenue in Bali Province. From this amount, it is also explained about the factors and obstacles in collecting motor vehicle tax in Bali Province
Pelanggaran Kedaulatan Wilayah Udara Kota Batam Indonesia Oleh Pesawat Boeing 737 Ethiopian Airline ETH3728 Tahun 2019 Berdasarkan Hukum Udara: Violation Of The Sovereignty Of The Airspace Of The City Of Batam By Boeing 737 Ethiopian Airline Eth3728 Based On Air Law Kyla Rachmadyantira; Sugeng Supartono
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.v7i1.22261

Abstract

The case of violation of the sovereignty of Batam city airspace by Boeing 737 Ethiopian Airlines ETH3728 in 2019 is a serious violation of Indonesia's sovereignty. The problem of this research is: what are Indonesia's legal efforts in dealing with violations that occur and what are the factors that cause violations. The research method used, namely: normative juridical, descriptive, using secondary data, and data processing is done qualitatively. The results and the conclusion of this study indicate that Indonesia's legal efforts are carried out through the application of Law Number 43 of 2008 and in collaboration with ICAO. Then, the factors causing violations include air traffic density, lack of supervision, and weak international coordination. The research conclusion emphasizes the importance of strict law enforcement and effective international cooperation to maintain Indonesia's air sovereignty, as well as the need for increased surveillance and diplomacy to prevent future violations.
Jangka Waktu Penyelesaian Kewajiban Perkara Penundaan Pembayaran Utang Di Pengadilan Niaga (Studi Putusan Nomor 134/Pdt.Sus-PKPU/2023/PN.Niaga.Jkt.Pst: The Period Of Settlement Of Posponement Of Debt Payment Obligations Cases In The Commercial Court (Study Of Decision Number 134/Pdt.Sus-PKPU/2023/Pn.Niaga.Jkt.Pst.) Rachel Zalfaa Hermawan; Asep Iwan Iriawan
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.v7i1.22296

Abstract

The Commercial Court in proceedings related to the time to grant a request for postponement of debt payment obligations (PKPU) when submitted by Creditors in accordance with Article 225 Paragraph (3) must be decided within 20 days, but in Decision number 134/Pdt.Sus-PKPU/2023/PN.Niaga.Jkt.Pst which was registered with the registrar of the Commercial Court on April 17, 2023 it was only decided for 60 days, namely on July 3, 2023. The problem is whether the PKPU period in decision number 134/Pdt.Sus-PKPU/2023/PN.Niaga.Jkt.Pst. In accordance with the provisions of the legislation and the legal consequences of the decision that was decided to exceed the time period, this research uses normative law. The results of this analysis are that the decision on the application for a PKPU statement must be decided within 20 days of registration, the decision exceeds the time period, there are omissions and discrepancies between the regulations and implementation between the Bankruptcy and PKPU Law and the judge's decision in Decision No.134/Pdt.Sus-PKPU/2023/PN.Niaga.Jkt.Pst. as a result, it causes losses and legal uncertainty. Solution In the future, the panel of judges will pay more attention to and uphold legal certainty and it is necessary to regulate the provisions of sanctions or consequences if the decision exceeds the time period in the Bankruptcy and PKPU Law.
Pembalakan Liar Pemanfataan Hasil Hutan Kayu Oleh CV. Sumber Berkat Makmur pada Hutan Adat Di Desa Sabuai Kota Ambon: Illegal Logging Utilization Of Wood Forest Products By Commanditaire Vennootschap Sumber Berkat Makmur Customary Forests Sabuai Village Nadya Wardah Mudrikah; Intan Nevia Cahyana
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.v7i1.22298

Abstract

The utilization of timber resources in customary forests must have permission if it is to be used for business purposes and must comply with applicable regulations. This is stipulated in Article 50, paragraph (2) of Law No. 41 of 1999 on Forestry. Transporting timber without permission constitutes illegal logging, as regulated in Article 12, letter K of Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction. The issue raised is whether the use of timber in the customary forest area of Sabuai Village by CV. Sumber Berkat Makmur violates the applicable regulations, and whether the judge's considerations in the ruling align with the principles of forest utilization and the impacts of illegal logging. To address this, a normative legal method is used, with secondary data analyzed descriptively and analytically, utilizing qualitative data analysis and deductive reasoning. Based on the result and the conclusion, CV. SBM violated Article 50, paragraph (2) of Law No. 41 of 1999 and Article 12, letter K of Law No. 18 of 2013. Illegal logging occurred outside the permitted area, thus the judge's ruling was appropriate, and sanctions must have a deterrent effect. Illegal logging disrupts environmental sustainability due to forest damage.
TINJAUAN YURIDIS PENYALAHGUNAAN WEWENANG OLEH KEPALA KANTOR WILAYAH BADAN PERTANAHAN NASIONAL PROVINSI JAMBI BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG PUTUSAN ADMINISTRASI PEMERINTAHAN (STUDI NOMOR 16/G/2021/PTUN.JBI): Misuse Of Authority Of The Head Of The Bpn Wil Kanwil Jambi Province Under Law No. 30 Year 2014 Shakia Salsabila Putri; Ferry Edwar
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.v7i1.22299

Abstract

This research analyzes Decision Number 16/G/2021/PTUN.JBI regarding alleged abuse of authority by the Head of the Jambi Province BPN Regional Office based on Law Number 30 of 2014 concerning Government Administration. In addition, this research examines the suitability of sanctions imposed with Government Regulation Number 53 of 2010 concerning Civil Servant Discipline. The research problem main aspects: Is the Head of the Jambi Province BPN Regional Office proven to have abused authority in resolving land disputes? And are the sanctions imposed in accordance with applicable regulations? Using normative juridical methods with a descriptive approach, this research analyzes secondary data qualitatively and concludes it deductively. The research results and the conclusion showed that the official was proven to have abused his authority, violating the Government Administration Law. As a result, he was given severe disciplinary sanctions in the form of dishonorable dismissal in accordance with Government Regulation Number 53 of 2010
PELAKSANAAN TUGAS DAN WEWENANG POLISI DALAM MENGATASI KERUSUHAN DI STADION KANJURUHAN BERDASARKAN UU DAN PERATURAN KAPOLRI: Police Duties And Authorities To Overcome The Riot At Kanjuruhan Stadium Based On Law And Regulations Of Kapolri Niky Wahyu Saputra; Tri Sulistyowati
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.v7i1.22311

Abstract

National Police of the Republic of Indonesia is a State Instrument that carries out one of the functions of government, especially in the field of maintaining security and public order. This is regulated in Law No 2 of 2002 concerning the National Police of the Republic of Indonesia. As a guideline in carrying out Polri duties, it is regulated in National Police Chief Regulation No 1 of 2009 concerning the Use of Force in Police Actions which regulates Polri actions within its authority. The problem in this research is what are the duties and authorities of the Indonesian National Police in carrying out crowd control based on Law No 2 of 2002 and National Police Chief Regulation No. 1 of 2009? Are the actions of the Malang Police in dealing with the incident at Kanjuruhan Stadium in accordance with the Law? No 2 of 2002 and National Police Chief Regulation No 1 of 2009. This research is normative research, uses secondary data, is descriptive, qualitatively, and draws conclusions deductively. The duties and authority of the Republic of Indonesia Police in carrying out crowd control are regulated in Articles 13 and 14, while their authority is contained in Articles 15 and 16. And actions of the Malang Police in dealing with incidents are not in line with Article 18 of Law No 2 of 2002 by looking at the level of danger in the regulations. National Police Chief No 1 of 2009 there was no urgency for the police to fire tear gas.
Perbandingan Penyelesaian Tindak Pidana Pornografi Indonesia Dan Korea Selatan: Comparison Of The Resolution Of Pornography Crimes In Indonesia And South Korea Raisha Arprilia; Gandes Candra Kirana
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.v7i1.22325

Abstract

The rapid advancement of technology has enabled society to access extensive knowledge but also brought negative impacts, such as the rise of pornography websites in Indonesia. Pornography encompasses images, videos, body movements, or messages containing obscene elements or sexual exploitation. This issue is prevalent not only in Indonesia but also in South Korea, where numerous pornography-related cases occur. This article examines the regulation and resolution of pornography crimes in Indonesia and South Korea, along with their respective strengths and weaknesses. Using a normative legal research method, this study analyzes primary and secondary data qualitatively with a deductive approach. The findings reveal differences in approaches: Indonesia emphasizes social and religious values, heavily influenced by its predominantly Muslim population. In contrast, South Korea, which is more diverse in terms of religion and culture, adopts a broader perspective, integrating social, cultural, and religious elements. South Korea has specific regulations and stringent law enforcement, particularly regarding digital technology. Meanwhile, Indonesia faces challenges in law enforcement due to societal and cultural factors. The resolution of pornography crimes in Indonesia and South Korea has its own strengths and weaknesses.
STUDI KOMPARASI PENYADAPAN (WIRETAPPING) SEBAGAI ALAT BUKTI ELEKTRONIK MENURUT SISTEM HUKUM DI INDONESIA DAN BELANDA: Comparative Study Of Wiretapping As Electronic Evidence In The Legal Systems Of Indonesia And The Netherlands Stella Maris Widiana Kalumata; Gandes Candra Kirana
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.v7i1.22326

Abstract

The advancement of information technology has led to increased crime, necessitating legal reforms. Wiretapping, while controversial, is an effective tool for uncovering systematic crimes. The problem of this study is examines the regulation, strengths, and weaknesses of wiretapping as electronic evidence in Indonesia and the Netherlands. Employing a normative juridical approach and literature review, the study compares wiretapping mechanisms in both countries. The Findings and the conclusion is reveal that wiretapping is recognized as valid electronic evidence in criminal courts if conducted legally by authorized parties under applicable laws. In Indonesia, wiretapping regulations are fragmented and lack a specific law, resulting in legal uncertainty and overlapping rules. Therefore, Indonesia needs a dedicated wiretapping law that comprehensively regulates its implementation and oversight. Such legislation is crucial to protecting constitutional rights, ensuring legal certainty, and safeguarding individual privacy, allowing judicial processes to operate in an orderly and decisive manner.

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