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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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TINDAK PIDANA MENJUAL CHIP GAMES HIGGS DOMINO SECARA ONLINE KASUS PUTUSAN NO 124/PID.SUS/2023/PN. PGP: The Crime Of Selling Higgs Domino Games Chips Online Case Ruling No 124/PID.SUS/2023/PN. PGP Setiawan Akbar Mahesa; Andi Widiatno
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.v7i1.22327

Abstract

Massive online gambling in Indonesia, one of which is the Higgs Domino game, where in the game you need a chip coin to play this game, so there are people who deliberately sell the chip coins to other parties who want to play Higgs Domino gambling. The legal problem is what is the basis for the judge to impose criminal sanctions on the perpetrator of the crime of selling Higgs Domino game chips under Article 27 paragraph (2) of the ITE Law? and are the sanctions imposed on the perpetrators of the crime of selling Higgs Domino chips in accordance with the objectives of the punishment? This writing is included in normative research with its analytical descriptive nature and conclusions are drawn deductively. The results and conclusions of this paper show that the judge's basis for imposing criminal sanctions based on the provisions of Article 27 paragraph (2) of the ITE Law is incorrect and the sanctions imposed are not in accordance with the objectives of punishment, namely Reformation, Resraint, Retribution, and Deterrence
Perbandingan Pengaturan Eksekusi Pidana Mati di Indonesia dan Vietnam: Comparison of the Implementation of the Death Penalty in Indonesia and Vietnam Zefanya Christina Iustitia; 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.v7i1.22330

Abstract

Throughout history, law has played a crucial role in ensuring security, peace, justice, and societal prosperity. The death penalty remains a controversial topic due to its impact on human rights. In Indonesia, despite significant opposition and calls to respect the right to life, it is still applied for serious crimes such as murder and drug offenses. This study addresses the similarities and differences in death penalty execution regulations and analyzes their strengths and weaknesses in Indonesia and Vietnam. This normative legal research relies on secondary data analyzed qualitatively using a deductive method. The result and conclusion is that there are significant differences in regulation and implementation practices. In Indonesia, the death penalty is carried out under strict procedures but often faces criticism regarding the transparency and fairness of the process. Meanwhile, Vietnam adopts a method of execution that is considered more humane, but faces criticism regarding the lack of transparency and potential human rights violations.
TINJAUAN GABUNGAN TINDAK PIDANA MENYEBARKAN BERITA BOHONG YANG MENGAKIBATKAN KERUGIAN KONSUMEN (STUDI PUTUSAN NO. 2029 K/PID.SUS/2023): Joint Review Of The Criminal Action Of Spreading Fake News Causing Consumer Losses (Study Of Decision No. 2029 K/Pid.Sus/2023) Muhammad Reza Ar-Raffi; Andi Widiatno Hummerson
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.v7i1.22331

Abstract

The offense of disseminating false information can lead to consumer financial losses, as seen in the case of Indra Kesuma (Indra Kenz), who promoted quick money-making methods through Binomo, recognized in Indonesia under Decision No. 2029 K / Pid.Sus / 2023. The main problems are 1) What is the form of combined criminal acts (concursus) in the crime of spreading false news that results in consumer losses? 2) How are criminal sanctions imposed on perpetrators of criminal acts? (Study of Decision No. 2029 K / Pid.Sus / 2023). The research was analyzed qualitatively and conclusions were drawn using deductive logic. The conclusion is 1) The combined criminal acts committed by the defendant are included in the form of a combined act or concursus realis. 2) The ten-year prison sentence imposed does not align with concursus realis principles, suggesting a more appropriate charge under Article 3 of Law Number 8 of 2010 on Money Laundering, highlighting a misapplication of Law Number 11 of 2008 on Information and Electronic Transactions.
Perbandingan Hukum Penyalahgunaan Posisi Dominan dalam Persaingan Usaha di Indonesia dan Korea Selatan: Comparative Law on Abuse of Dominant Position in Business Competition in Indonesia and South Korea Fraya Layola Nainggolan; Dian Purnamasari
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.v7i1.22337

Abstract

Competition is very needed to improve the quality of human life, healthy competition is needed so that justice and welfare occur for every community which can have a positive and negative impact on business competition or the occurrence of unhealthy business competition. Unhealthy business competition is competition between business actors who carry out production activities of goods or services that are carried out dishonestly that hinders competition between business actors. The main problem is how the similarities and differences in the regulations regarding the abuse of the dominant position between the business competition law in Indonesia and South Korea and how the KPPU and KFTC establish a ban on the abuse of the dominant position. This article uses normative research methods, descriptive, drawing conclusions using deductive methods. The result of the discussion and conclusion of this article is that there are similarities and differences in regulations in Indonesia and South Korea in determining market share, the market concerned and limiting competition in the market, unfair sales actions and assessment based on approach. In addition, KPPU and KFTC determine the abuse of the dominant position by assessing the elements and can impose sanctions.
HAK DASAR WARGA BINAAN LEMBAGA PEMASYARAKATAN KHUSUS PEREMPUAN KELAS II A JAKARTA: Basic Right Of Class II A Prison Citizen For Woman In Jakarta Dwi Septiani; Wahyuni Retno Wulandari
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.v7i1.22347

Abstract

Reproductive rights are the basic rights of every individual to make decisions freely and responsibly regarding their reproductive health. The practice this right has not been fully realized, as experienced by female inmates at the Class II A Jakarta Women's Penitentiary. The main problems in this study are: 1) How are the arrangements for fulfilling basic rights facilities (reproductive rights, in this case including family visits) for women in the Class II A Jakarta Women's Penitentiary reviewed based on CEDAW and Law Number 22 of 2022 concerning Corrections? 2) How is the implementation of the arrangement for fulfilling basic rights facilities (reproductive rights, including family visits) for women in the Class II A Jakarta Women's Penitentiary reviewed based on CEDAW and Law Number 22 of 2022 concerning Corrections? The research method used is socio-legal. The results of the study show that in the Class II A Women's Special Penitentiary in Jakarta there are no facilities for fulfilling reproductive rights (family visits) because there are no laws and regulations that specifically explain that the basic rights of inmates also include reproductive rights (family visits). Meanwhile, inmates feel the need for facilities to fulfill these reproductive rights.
ANALISIS DAMPAK PUTUSAN MAHKAMAH KONSTITUSI NOMOR 143/PUU-XXI/2023 DALAM PEMBENTUKAN NORMA BARU: Analysis Of The Impact Of The Constitutional Court Decision Number 143/PUU-XXI/2023 In Establishing A New Norm Rana Sayyidah Nabilah; Yogo Pamungkas
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.v7i1.22348

Abstract

The Constitutional Court, in conducting judicial review, has the authority to decide cases by granting, rejecting, or declaring the petition inadmissible. Furthermore, the Constitutional Court may issue decisions declaring certain provisions conditionally unconstitutional, meaning the law must be interpreted under specific conditions. However, there are instances where the Constitutional Court not only interprets existing norms but also introduces new norms in its rulings. The problem of this article analyzes the Constitutional Court Decision Number 143/PUU-XXI/2023. The considerations of Constitutional Court Judges are evaluated for their conformity with Article 73 of Constitutional Court Regulation Number 2 of 2021. Decisions that add new norms are also reviewed for their conformity with these regulations. This research adopts a normative legal method with a descriptive approach, relying on secondary data comprising primary, secondary, and tertiary legal materials. Conclusions are drawn using deductive reasoning. The findings and the conclusion indicate that the Justices, in this case, incorporated new norms into their considerations, exceeding mere legal interpretation. The decision is deemed inconsistent with Article 73 paragraphs (3) and (4) of PMK 2/2021, which limits the Constitutional Court's authority in deciding judicial review cases.
Otoritas Jasa Keuangan Dalam Sistem Ketatanegaraan Indonesia: The Financial Services Authority in the Indonesian State System Chika Ramadea; Ferry Edward
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.v7i1.22349

Abstract

Financial institutions with ownership links across various financial subsectors (conglomerates) have increased the complexity of transactions and interactions among financial institutions within the financial system. One of the new independent state institutions introduced is the Financial Services Authority (OJK). The main issues raised are whether the OJK has been independent in carrying out its duties and authority in accordance with Law No. 21 of 2011, and what is the position of the OJK in Indonesia's state structure? The method used in this is a normative research type with a descriptive research nature, supported by secondary data sourced from primary, secondary, and tertiary legal materials. The result and the concluded that the independence of the Financial Services Authority (OJK) is not fully pure, as it is bound by laws, regulations, and external oversight bodies such as the Financial Audit Agency (BPK) and the People’s Representative Council (DPR). Furthermore, the OJK is an auxiliary state institution that plays a role in overseeing and evaluating its performance and policies to ensure transparency, accountability, and prevent abuse of power, while maintaining a balance of power.
PERBANDINGAN WARIS ANAK LUAR KAWIN ANTARA SISTEM WARIS DI KOREA SELATAN DENGAN INDONESIA: Comparison of the Inheritance of Illegitimate Children Between the Inheritance Systems in South Korea and Indonesia Dara Luthfia Husni; Wahyuni Retnowulandari
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.v7i1.22115

Abstract

Inheritance issues are complex, and international marriages further complicate matters due to the pluralism of legal systems between countries. This study compares the inheritance systems for children born out of wedlock in South Korea and Indonesia. In Indonesia, inheritance is regulated by customary law, religious law (Islamic law), and the Civil Code (KUHPerdata), granting inheritance rights to children born out of wedlock based on the parents' marital status. In South Korea, the Civil Act governs inheritance for children born out of wedlock with some restrictions. The study finds that in South Korea, inheritance for children born out of wedlock is regulated by Article 855 of the Korean Civil Code, while in Indonesia, it is governed by Article 280 of the Civil Code. In case No. 2017.6.16. 2015 Gadan, the court ruled that a child born out of wedlock, proven through genetic testing, has the right to inherit the father’s property. In contrast, Decision No. 533/Pdt.G/2010/PN.MDN Jo. Decision No. 84/Pdt/2012/PT.MDN rejected the plaintiff’s claim because they were not considered a legitimate heir
TANGGUNG JAWAB PEMERINTAH KOTA TANGERANG DALAM MENGATASI KEBAKARAN TPA RAWA KUCING BERDASARKAN PERATURAN DAERAH NOMOR 2 TAHUN 2022: Responsibility Tangerang City Government in Overcoming Rawa Kucing Landfill Fire Based on Regional Regulation Number 2 of 2022 Farhan Ramadhany Putra Suryana; Eko Primananda
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.v7i1.22233

Abstract

Tangerang has the Rawa Kucing landfill in Neglasari, which recently experienced a fire. Handling this fire is the responsibility of the Tangerang City Government, especially the Environmental Agency. The problem formulation of this research is how the responsibility of the Tangerang city government in handling the Rawa Kucing landfill fire and what are the obstacles of the Tangerang city government in handling the Rawa Kucing landfill fire based on Perda No. 2 of 2022 concerning Waste Management. The research methods used are juridical and normative approaches, with qualitative data analysis. Conclusions are drawn through deductive logic, based on Law Number 23 of 2014 concerning Regional Government and Tangerang City Regional Regulation Number 2 of 2022 concerning Waste Management. The results and conclusions show that the Tangerang City Government has not fully addressed the problem of waste management properly, especially in the open dumping system, and the handling of fires at the Rawa Kucing Waste Landfill is not running quickly due to various obstacles faced.
Analisis Penyelesaian Sengketa Pemutusan Hubungan Kerja Secara Sepihak Oleh Pengadilan Hubungan Industrial (Studi Putusan Nomor 10/pdt.sus-PHI/2023/Pn.Tjk): Analysis Of Dispute Resolution On Unilateral Termination Of Employment Relations By The Industrial Relations Court (Decision Number 10/Pdt.Sus-Phi/2023/Pn.Tjk) Indra Permana; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 7 No 2 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i2.22426

Abstract

The settlement of industrial relations disputes in Indonesia is regulated in Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. This study focuses on a legal analysis of the decision of the industrial relations court in Tanjungkarang in a case of termination of employment that did not go through bipartite negotiations first. The problem is the dispute resolution process is in accordance with the relevant laws, and whether the judge's considerations in the decision are in accordance with Law Number 13 of 2003 concerning Manpower. The research method used is normative legal research with a descriptive analysis research type. Data were collected through literature studies from primary, secondary, and tertiary legal materials. Data analysis was carried out qualitatively by drawing conclusions deductively. Bipartite negotiations are not a formal requirement for submitting a lawsuit to the Court, but are a formal requirement for submitting a request for mediation to a labor mediator. This research is expected to provide theoretical and practical benefits in understanding civil procedural law and the settlement of employment disputes in Indonesia.

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