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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
 97   98   99   100   101 
ANALISIS INDETIFIKASI TEORI USAHA DAGANG SEBAGAI KORPORASI DALAM KASUS ILLEGAL LOGGING (STUDI TINDAK PIDANA PENGADILAN NOMOR 12/Pid.SUS-LH/2021/PN.KSN): Analysis theoretical identification trading businesses as corporations in illegal logging (Study of Criminal Act Decision No. 12/Pid.SUS LH/2021/PN.KSN) Muhamad Akbar Asanudin; Maria Silvya Elisabeth Wangga
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.v7i2.22779

Abstract

Environmental crimes involving corporations in Indonesia can lead to deforestation with physical and economic impacts, such as in the case of Illegal Logging. These actions violate legal provisions stated in Law Number 18 of 2013. For example, in 2020, in the village of Tumbang Tiran, the business entity Unit Dagang Karya Abadi, represented by Ripansyah as the Owner/Responsible Party, was found guilty of committing an Illegal Logging crime that violated Article 83 Paragraph (4) letter a in conjunction with Article 12 letter d of Law Number 18 of 2013. The issue raised in this article is the role of business enterprises or corporations in Illegal Logging cases (based on the Cassation Decision of the Kasongan District Court Number 12/Pid.Sus-Lh/2021/Pn.Ksn), and the corporate responsibility for such environmental crimes. This study uses a normative juridical approach, analyzing primary and secondary legal sources. This research is descriptive, with data analyzed qualitatively, and using deductive reasoning to draw conclusions. The results and conclusions, based on Article 1 Paragraph 22 of Law Number 18 of 2013, categorize Unit Dagang Karya Abadi as a corporate legal subject that can be held accountable for environmental crimes.
PEMBERIAN RESTITUSI TERHADAP KORBAN TINDAK PIDANA KEKERASAN SEKSUAL (STUDI PUTUSAN NOMOR XX/PID.B/2023/PN FFK): Providing Restitution To Victim Crime Of Sexual Violence (Study Decision Number Xx/Pid.B/2023/Pn Ffk) Vience Ratna Multiwijaya; Nauli Amari Putra
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.v7i2.22780

Abstract

In Decision Number XX/Pid.B/2023/PN.Ffk concerning a criminal act of sexual violence, the victim must receive adequate protection to support their physical and psychological recovery. Furthermore, if the perpetrator is sentenced to more than four years in prison, the victim has the right to claim restitution. This study examines the responsibility of law enforcement, particularly judges, in determining restitution for victims of sexual violence based on Decision Number XX/Pid.B/2023/PN.Ffk. In this ruling, the judge categorized the crime as sexual exploitation, which is considered inaccurate. The defendant was found guilty of committing a criminal offense by using violence or threats to coerce a woman—who also served as a victim witness—into engaging in sexual relations outside of marriage. This research employs a normative approach with an analytical-descriptive method, drawing conclusions through deductive reasoning. The findings highlight that, under Article 30 of Law Number 12 of 2022 on Criminal Acts of Sexual Violence, law enforcement officials are obligated to inform victims of their right to restitution. Given that the perpetrator received a sentence exceeding four years, this case necessitates restitution as a fundamental aspect of justice for the victim.
PERAN PEMERINTAH DAERAH DALAM PENGAWASAN DAN PENGENDALIAN PEREDERAN ALKOHOL BERDASARKAN PERATURAN DAERAH KOTA BEKASI NOMOR 17 TAHUN 2009: The Role Of Local Government In Supervising And Controlling The Distribution Of Alcoholic Based On Bekasi City Regional Regulation Number 17 Of 2009 Michael Rudolf; Reni Dwi Purnomowati
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.v7i2.22781

Abstract

One of the concerning issues that should receive in-depth attention from the government is the illegal alcoholic beverages that have harmful effects on health. In Indonesia, there are several illegal alcohol factories where alcohol is not taxed, sold outside official channels, and lacks government supervision. The problem addressed in this research discusses the obstacles faced by the Bekasi City Government in supervising and controlling the circulation of alcoholic beverages in Bekasi City based on Bekasi City Regional Regulation Number 17 of 2009, as well as the efforts made by the Bekasi City Government in supervising and controlling the circulation of alcoholic beverages based on Bekasi City Regional Regulation Number 17 of 2009. This study uses a normative legal approach by utilizing secondary data, supported by primary data. The research is descriptive, and conclusions are drawn using a deductive method. The results and conclusions of this research indicate that the Bekasi City Government is committed to creating a good environment for its citizens. Therefore, the Satpol PP (Public Order Agency) plays an important role in patrolling and monitoring the circulation of alcoholic beverages despite facing challenges and obstacles, such as backing from nightclub owners.
IMPLEMENTASI KERJASAMA SISTER CITY BERDASARKAN VCLT 1969 (KASUS SISTER CITY KOTA BANDUNG DAN FORT WORTH): Implementation Of Sister City Cooperation Based On Vclt 1969 (Case Of Sister City In Bandung And Fort Worth) Denyssa Jasmine Ardiansyah Putri; Andrey Sujatmoko
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.v7i2.22786

Abstract

The practice of Sister City agreements is an agreement made by local governments between countries with the main purpose of improving friendly relations and providing benefits to the parties. The Sister City concept originated in the United States in 1956. Since 1990, Bandung City has been one of the leading cities in forming Sister City relationships, especially with Fort Worth City. Identification problem in this study is whether the implementation of the Sister City agreement between the Fort Worth City government and Bandung is in accordance with the principles of pacta sunt servanda and good faith. This research uses normative juridical research. This research uses a qualitative analysis approach by using library data that is analyzed in depth. The result research and conclusion is that the Sister City cooperation between the governments of Bandung and Fort Worth has been based on the commitment and principles of good faith and pacta sunt servanda based on the 1969 VCLT, this can be proven because for more than thirty years the two cities have consistently carried out this cooperation and felt many benefits from the cooperation.
SENGKETA PEMBANGUNAN PANGKALAN MILITER CHINA DI KEPULAUAN SPRATLY ANTARA CHINA DAN FILIPINA BERDASARKAN UNCLOS 1982: The Dispute over China's Construction of Military Bases in the Spratly Islands between China and the Philippines Based on UNCLOS 1982 Averroes Gazalba Gofa; Y. Fitriliani
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.v7i2.22789

Abstract

The Spratly Islands, located in the southern region of the South China Sea (SCS), are claimed by China as part of its territorial sovereignty based on the Nine-Dash Line theory. This claim has led to disputes between China and the Philippines, Vietnam, Brunei Darussalam, and Malaysia. In its efforts to assert control over the SCS, China has unilaterally engaged in militarization by constructing military bases in the Spratly Islands. The problem issues are as follows: whether the construction of military bases by China in the Spratly Islands constitutes a violation under UNCLOS 1982; and how the dispute regarding China's military base construction in the Spratly Islands between China and the Philippines can be resolved under UNCLOS 1982. The results and conclusion indicate that China’s construction of military bases in the Spratly Islands contravenes principles of international law, including violations of the sovereign rights of coastal states within their Exclusive Economic Zones (EEZs). UNCLOS 1982 provides various dispute resolution mechanisms, such as negotiation, mediation, arbitration, and international litigation through the International Tribunal for the Law of the Sea (ITLOS).
PERDAGANGAN ILEGAL PENYU SISIK  (ERETMOCHELYS IMBRICATA) DI KALIMANTAN TIMUR BERDASARKAN CITES 1973: Illegal Trade of Hawksbill Turtles  (Eretmochelys Imbricata) in East Kalimantan Based on CITES 1973 Fiona Fatianisa; Amalia Zuhra
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.v7i2.22805

Abstract

The illegal trade of hawksbill turtles is an act prohibited by the CITES Convention of 1973. This Convention aims to protect threatened wildlife and biodiversity. The illicit trade of hawksbill turtles in East Kalimantan warrants serious attention due to the declining population of hawksbill turtles, which is deemed a violation of regulations. The issue revolves around the effectiveness of law enforcement against the illegal trade of hawksbill turtles in East Kalimantan based on the CITES Convention of 1973 and Indonesia’s responsibility in the case of unlawful hawksbill turtle trade in East Kalimantan under the Convention. This research adopts a normative legal research approach, with a descriptive nature and deductive reasoning to conclude. The result and conclution of  the article that activities are illegal because the trade of hawksbill turtles is only permitted for scientific research purposes. This action highlights Indonesia’s need to enforce laws and impose sanctions on offenders in line with legal provisions. Indonesia holds strict liability due to proven negligence and must provide restitution as a form of compensation.
TINJAUAN YURIDIS TERHADAP PENGGUNAAN KATA “MISS UNIVERSE” SEBAGAI MEREK YANG TERDAFTAR: Juridical Review of the Use of the Term "MISS UNIVERSE" as a Registered Trademark Ramzy Sultan Nur Syarief; Simona Bustani
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.v7i2.22806

Abstract

Brand gains more recognition and builds a good reputation in the market, its associated goods or services are more likely to sell well, making the brand a valuable asset for the company. However, a brand becoming famous does not mean it is free from disputes; it also provides individuals or companies the opportunity to gain benefits by leveraging the brand's popularity to boost their own business rapidly. The name MISS UNIVERSE is registered as trademark in the Intellectual Property Database. MISS UNIVERSE is well-known brand that has the potential to become generic, which could prevent others from using a trademark containing the same common words. The issues addressed in this thesis are does the term “MISS UNIVERSE” fall into category of common words?And what is the legal protection regarding the use of common words in the “MISS UNIVERSE” trademark? This research adopts normative approach with descriptive nature, utilizing primary  secondary data. Data collection is conducted through literature studies, while data analysis qualitative, and conclusions are drawn using deductive method. The result and conclution that MISS UNIVERSE trademark consists of common, generic words that should not be granted exclusive rights, as doing so could lead to unhealthy competition in the market.
TANGGUNG JAWAB PT INVESTREE RADHIKA JAYA TERHADAP LENDER DALAM PENYELENGGARAAN FINTECH PEER TO PEER LENDING: The Responsibility of PT Investree Radhika Jaya towards Lenders in the Organizing Fintech Peer-to-Peer Lending Zidane Gideon Fransiskus; 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.v7i2.22811

Abstract

The development of technology in the Industrial Revolution 4.0 era has affected various sectors, including the financial sector with the born of innovation in the form of Financial Technology (Fintech). One form of Fintech that is growing rapidly in Indonesia is Peer to Peer Lending (P2PL), which provides easy access to loans for the community without involving banking institutions. The problem in this study is, how is PT Investree Radhika Jaya's responsibility to lenders in organizing Fintech Peer to Peer Lending. The research method used is normative juridical by analyzing legislation and cases. The results of the study illustrate that PT Investree Radhika Jaya, as the organizer of P2PL, has a responsibility to guarantee the security of lender funds in accordance with applicable regulations, as well as providing a dispute resolution mechanism. Therefore, improvements in risk mitigation and consumer protection are still needed to ensure sustainability and security in the Fintech industry in Indonesia.
PERTIMBANGAN HAKIM DALAM GUGATAN SALAH PIHAK (ERROR IN PERSONA) PERKARA PERSELISIHAN HUBUNGAN INDUSTRIAL (Studi Putusan Nomor 353/ Pdt.Sus-PHI.G/2019/PN.JKT.PST): The Judge's Consideration In Error In Persona In Industrial Relations Disputes (Study of Decision Number 353/Pdt.Sus-PHI.G/2019/PN.JKT.PST) Nadya Larasati Adinda; Andari Yurikosari
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.v7i2.22815

Abstract

This research examines the legal issues between Hadi Yanto and PT Terang Jaya Lestari, specifically related to the error in persona exception in Case Decision Number 353/Pdt.Sus-PHI.G/2019/PN.JKT.PST. This dispute focuses on the validity of the party sued in the lawsuit filed by the plaintiff. The identification of the problem in this article; how the judge's consideration in resolving the case, and to explore the legal consequences arising from the decision of the judge's ruling and consideration. The research method uses normative juridical with analytical descriptive nature and is analyzed qualitatively. The research results and conclusions show that the lawsuit filed by the plaintiff is not in accordance with the applicable statutory provisions, especially related to errors in determining the party being sued, known as error in persona. In this case, the plaintiff made a mistake in suing an improper party, which resulted in the rejection of the lawsuit by the judge. The judge's consideration that the lawsuit cannot be accepted based on this party error shows the importance of clarity in the identification of parties in every lawsuit, especially in the context of resolving industrial relations disputes. This research is expected to contribute to the understanding of the application of legal principles in dispute resolution in the field of industrial relations.    
TINDAKAN PENGAWASAN PEMERINTAH DAERAH PADA PENCEGAHAN PEMBAKARAN HUTAN DALAM RANGKA PERLINDUNGAN LINGKUNGAN DI PROVINSI RIAU: Local Government Supervisory Actions On Prevention Of Forest Burning In The Framework Of Environmental Protection In Riau Province Sabrina Rahmadini Utomo; Narita Adityaningrum
Reformasi Hukum Trisakti Vol 7 No 3 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i3.22948

Abstract

Preventive local government supervision actions, one of which is to prevent the problem of burning land / forests as a result of people who do not understand the negative impacts on the environment. Local governments should ensure that supervision runs according to their authority based on the principle of regional autonomy and the principle of environmental protection. Formulation of the problem in this article is about the supervision carried out by local government in preventing forest fires in Riau Province whether it is in accordance with Regional Regulation Number 1 of 2019. The results and conclusion are supervision carried out by Riau Provincial Government in preventing forest fires in its territory, including Kuantan Singingi Regency. In terms of supervisory action in form of prevention, Regional Government often does not provide warnings in each region to perpetrators who clear land by burning. This violates regional authority to protect environment in accordance with principle of decentralization (delegation of authority from central government to regional government). Local governments are obliged to carry out preventive action by increasing supervision, including by dividing the area, making it easier to reach if a fire occurs, regulating conditions over season, especially during strong winds, and maximizing monitory.

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