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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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TINJAUAN YURIDIS PEMBENTUKAN DAERAH OTONOMI BARU PROVINSI PAPUA SELATAN: Juridical Review Of The Establishment Of A New Autonomous Region Of The Province Of Southern Papua Mochamad Ade Fahmi; Tri Sulistyowati
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.v7i2.22727

Abstract

South Papua Province was established by Law No. 14 of 2022, enacted on July 25, 2022. This new province is a result of the division of Papua Province, which continues to generate public debate regarding the urgency of its expansion. This study examines the considerations of the central government and the House of Representatives in the formation of South Papua Province, and whether its creation complies with Law No. 23 of 2014 on Regional Government. The research uses a normative legal method based on secondary data, including primary and secondary legal materials. It is descriptive in nature, using qualitative analysis and deductive reasoning. The findings conclude that the government views the establishment of South Papua Province as a way to promote equitable development and improve service accessibility in Papua. However, administratively, the formation does not meet the basic and administrative requirements for a New Autonomous Region (DOB), such as having at least five regencies/cities and a three-year preparatory phase, as required by Law 23/2014. Despite this, the government proceeded with the expansion based on Law No. 2 of 2021, the Second Amendment to Law No. 21 of 2001 on Special Autonomy for Papua.
PERAN PEMERINTAH PROVINSI RIAU DALAM MEMBERIKAN PERLINDUNGAN BAGI TENAGA KESEHATAN PADA MASA PANDEMI COVID-19: The Role Of The Riau Provincial Government In Providing Protection For Health Workers During The Covid-19 Pandemic Fauzan Raisal Misri; Ninuk Wijiningsih
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.v7i2.22729

Abstract

Protection for health workers as the front line in handling Covid-19 is very necessary, the government needs to provide guarantees of occupational protection and safety in efforts to handle Covid-19, Legal certainty plays a crucial role in protecting health workers, ensuring that the government does not act arbitrarily when assigning them to duties.The main problem raised is whether the provisions on the protection of health workers during the Covid-19 pandemic in Riau Province are in accordance with Law Number 36 of 2014 and what are the forms of protection provided by the Riau Provincial Government to health workers on duty. In order to answer these problems, juridical-normative research was carried out based on secondary data and primary data, and Conclusions are drawn using deductive logic. The conclusion from the results of the analysis not in accordance with the process of forming laws and regulations and in the implementation of these rules does not run well because the budget for these incentives is not included in the Regional Expenditure Revenue Budget and it is hoped that in the future the Government must pay attention to the Formation of Governor's Regulations and can be carried out optimally by the relevant agencies.
MASALAH GUGATAN PEMBATALAN PERKAWINAN YANG DIAJUKAN MELEWATI JANGKA WAKTI (PUTUSAN NOMOR 3617/PDT.G/2021/PA.DPK): The Problem Of Marriage Annulment Lawsuit Filed Past The Time Period (Decision Number 3617/Pdt.G/2021/Pa.Dpk Ratu Salsabila Khairunnisa; Ning Adiasih
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.v7i2.22733

Abstract

One of the matters regulated in the Marriage Law is marriage annulment. Article 27 paragraph (3) of the Marriage Law stipulates that a lawsuit for annulment must be filed within six months after the marriage takes place. However, in the case of Decision Number 3617/Pdt.G/2021/PA.Dpk, the annulment lawsuit was filed after the specified period had passed and the judge approved the annulment of the marriage after 22 months of marriage. The problem examined is how the legal considerations of the judge who granted the marriage cancellation lawsuit filed exceeded the period. The results and conclusion showed that, referring to the provisions of Article 27 paragraph (3) of the Marriage Law and Article 72 Paragraph (3) of the Compilation of Islamic Law, the lawsuit should not be accepted because it has passed the stipulated period. The conclusion is that a marriage annulment filed after the six months should be considered unacceptable and the marriage remains legally valid.
PEMENUHAN HAK ANAK PEREMPUAN AKIBAT PERNIKAHAN DINI DI KELURAHAN TANAH SEREAL JAKARTA BARAT: Fulfillment of Women’s Rights Due to Early Marriage in Tanah Sereal Village West Jakarta Ratu Mutiara Anggraini; Wahyuni Retnowulandari
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.v7i2.22734

Abstract

Early marriage is a phenomenon that still occurs in rural and urban communities. Early marriage is very detrimental, especially for women who marry early. By entering into early marriage, we can see the impact they will face, such as whether the rights they should get are protected or not. In this case, to guarantee rights and provide protection to women, there is the Convention on the Elimination of All Forms of Discrimination Against Women. This research will discuss how to implement the fulfillment of economic, educational and health rights based on CEDAW for women involved in early marriage in Tanah Sereal Village, Tambora District, West Jakarta. From the results of research conducted, women who enter into early marriages in Tanah Sereal Subdistrict, West Jakarta, do not have their economic rights, educational rights and health rights fulfilled. Women and their children tend to suffer the most from early marriages. Fulfillment of women's economic, educational and health rights will be fulfilled if they understand the rights they have and do not engage in early marriage, therefore it is necessary to carry out socialization regarding say no to early marriage and free sex, especially in poor and densely populated areas and schools.
KEDUDUKAN PEREMPUAN SEBAGAI KEPALA KELUARGA DI KELURAHAN CENGKARENG BARAT, KECAMATAN CENGKARENG, JAKARTA BARAT: Women's Position as Head of Family in Cengkareng Barat Urban Village, Cengkareng Sub-district, West Jakarta Nabila Febrita; Wahyuni Retnowulandari
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.v7i2.22735

Abstract

Women today undeniably have a role as workers to fulfil family income, even becoming the backbone of the family. Women are now able to do many things and have an important role to support the family financially. In Cengkareng Barat Urban Village, Cemgkareng Subdistrict, West Jakarta, there are quite a number of women found as heads of families. The identification of this research problem is how is the implementation of Article 16 of the Convention on the Elimintion of All Forms of Discrimination against Women (CEDAW) on women's rights as heads of households in RT. 08/RW.01 West Cengkareng Village, Cengkareng District, West Jakarta? This research uses socio-legal method and purposive random sampling method. The conclusion of the research shows that the implementation of Article 16 of CEDAW 1979 regarding women's rights in marriage and family relations in the area has not been implemented, even many female residents do not know/understand their rights in the family according to the article. The author also recommends that Article 31 paragraph (3) of the Marriage Law be revised so that there is no longer a need to differentiate between the position of husband and wife in a family.
DISKRIMINASI UPAH BURUH TANI DI KAMPUNG CAMPAKAWANGI KABUPATEN CIANJUR: Wage Discrimination Of Farm Laborers In Campakawangi Village Cianjur Regency Latya Rachmania Aisha; Wahyuni Retnowulandari
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.v7i2.22736

Abstract

Although there are laws that regulate the equal rights of female and male workers, in actuality, the status of women in the workforce falls short of anticipated standards. The phenomenon of wage discrimination against women workers in Indonesia in reality still occurs in various sectors, one of which is in the agricultural sector. Therefore, this research formulates the problem of whether women farm laborers in Campakawangi Village receive the same wage rights as male farm laborers as stipulated in Article 11 paragraph (1) letter (d) of CEDAW. Regulations regarding the rights of women workers are specifically regulated in article 11, especially related to equal pay and equal treatment in paragraph (1) letter (d). The results and conclution of the research found that female farm laborers in Campakawangi Village still get lower wages than male farm laborers, meaning that the right to equal wages is not fulfilled. Women's rights owned by female farm laborers in Campakawangi Village are still not fulfilled due to the strong patriarchal culture, especially the negative labeling of women that has taken root so that women are considered weaker than men, this is the background for the difference in wages for farm laborers. So the role of local government is needed to make regulations and supervision regarding wage standards with a fair system for male and female farm laborers.
ANALISIS YURIDIS PELAKSANAAN PEMBIAYAAN SYARIAH MUSYARAKAH PADA OCBC-NISP SYARIAH (STUDI KASUS PUTUSAN TINGGI AGAMA NOMOR 128/PDT.G/2022/PTA.MTR): Legal Analysis Of The Implementation Of Musyarakah Islamic Financing At Ocbc-Nisp Syariah (Case Study Of The Religious Court Of Appeal Decision Number 128/Pdt.G/2022/Pta.Mtr) Kautsar Alwi Pradipta; Siti Nurbaiti
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.v7i2.22737

Abstract

In this legal study, the author is interested in examining the implementation of financing with the musyarakah mutanaqisah contract at Bank OCBC NISP Syariah Mataram, which encountered problems between the bank and the debtor. The identified problem in this study is how the musyarakah contract is regulated in Islamic financing, and whether the Decision of the Mataram Religious Court Number 128/Pdt.G/2022/PA.Mtr. is in accordance with Islamic banking regulations. The legal research method used is normative legal research, conducted by collecting primary, secondary, and tertiary legal sources, analyzing data qualitatively, and drawing conclusions using deductive logic. Based on the results and conclusion of the study, it is concluded that Bank OCBC NISP Syariah Mataram must carry out its function as a fund distributor in financing products based on DSN-MUI Fatwa No.05/DSN-MUI/IV/2000, and that Bank OCBC NISP Syariah Mataram was not lawful in executing the auction of mortgage rights over land or a house because it failed to notify the debtor and conducted the execution without a court decision. This study concludes that Bank OCBC NISP Syariah Mataram acted inconsistently with Islamic banking provisions in the execution of mortgage rights against Sigid Wisnu Hernawan as the debtor, as the procedures outlined in Law Number 4 of 1996 on Mortgage Rights were not followed. Moreover, in this case, the panel of judges at the appellate level did not consider the validity of the mortgage execution auction.
PENYELESAIAN SENGKETA WARIS PADA MASYARAKAT ADAT MINANGKABAU YANG DILAKUKAN OLEH NINIK MAMAK: Resolution Of Heritage Disputes In The Minangkabau Traditional Community Carried Out By Ninik Mamak Trishya Pradicintia; Ning Adiasih
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.v7i2.22738

Abstract

Mediation is one of the alternative dispute resolution methods considered effective in reducing prolonged disputes. Mediation alternative is not only conducted in public manner, but also be carried out through traditional customs. One of the customes that establish mediation is the Minangkabau custom. In Minangkabau traditional society, mediation is applied to settle disputes among clans or family groups. There is problem issues namely the role of ninik mamak as a mediator and how ninik mamak conducts mediation. This research is located at Kanagarian Guguak Kuranji Hilir, Sub district Sungai Limau, District Padang Pariaman, province West Sumatra. This study uses a socio - legal approach, integrating insights from both social sciences and law. This research applies mixed- methods approach, combining primary data from interviews with ninik mamak and their relatives, and secondary data from literature reviews to suplement the research. The result and the conclusion indicate that the role of ninik mamak remains relevant nowadays, and ninik mamak as a mediator is consistent with government regulation No. 54 of year 2000. The implementation of mediation which is applied by Ninik Mamak in line with the regulation of Supreme Court No.1 year of 2016.
PEMENUHAN HAK MATERNITAS PEKERJA PEREMPUAN DI PERSEROAN TERBATAS S BERDASARKAN INTERNATIONAL LABOUR ORGANIZATION (ILO) NOMOR 183 TAHUN 2000: Fulfillment Of Maternity Rights Of Female Workers At Pt. S Based On The International Labour Organization (Ilo) Convention Number 183 Of 2000 Adellia Puan Maharani; Aji Wibowo
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.v7i2.22739

Abstract

Maternity Rights are part of human rights and are inherent in women to obtain freedom from discrimination, equality, and harassment as regulated in the International Convention for the Protection of Maternity or ILO Convention Number 183 of 2000. Although Indonesia has established women's rights in the form of laws and regulations, the regulations are not in accordance with the standards set by the ILO, one of which is at PT. S. In the treatment of pregnant workers, the ILO has established special regulations to protect employment status and workers' rights, one of which is maternity protection. The problem is, whether PT. S's actions towards one of its female workers regarding maternity leave rights are in accordance with the ILO Convention standards and how PT. S's efforts can fulfill the fulfillment of maternity rights for female workers based on the ILO Convention. This research is a normative research, with a descriptive analytical nature and drawing conclusions with deductive logic. The result is that the fulfillment of maternity leave rights for one of its female workers at PT. S is not in accordance with the standards in Article 3 of the ILO Convention Number 183 of 2000 in providing the duration of maternity leave and health insurance for the rights of female workers.
PERBEDAAN HASIL VISUM ET REPERTUM DALAM SATU OBJEK TERHADAP PEMBUKTIAN PIDANA (PUTUSAN NOMOR 796/PID.B/2022/PN.JKT.SEL): Differences Of Visum Et Repertum In One Object Regarding Evidence Of Criminal (Decision Number 796/Pid.B/2022/Pn.Jkt.Sel) Muhammad Rayhan Adevan; Gandes Candra Kirana
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.v7i2.22754

Abstract

In 2022, a criminal case involving the murder of Brigadier Yosua Hutabarat by Ferdy Sambo was brought before the court. In its ruling Decision Number 796/Pid.B/2022/PN Jkt. South Jakarta District Court found Ferdy Sambo guilty, basing the verdict on written evidence and expert testimony, including a visum et repertum, which was treated both as documentary evidence and expert opinion. The core issue examined in this study is whether the judges legal reasoning particularly in evaluating two differing visum et repertum reports concerning the same object aligns with prevailing legal standards, and whether basing the decision on only one of the reports adheres to legal requirements. The research adopts a normative legal method, relying on secondary data comprising primary and secondary legal sources. Data analysis is qualitative, with conclusions drawn through deductive reasoning. The study concludes that inconsistencies exist between the judge’s decision and the applicable legal framework, especially concerning the evaluation of evidence. According to Article 183 of the Criminal Procedure Code, a judge may only convict a person if there are at least two valid pieces of evidence and the judge is convinced of the defendant’s guilt.

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