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ANALISIS YURIDIS PUTUSAN TATA USAHA NEGARA NOMOR 35/G/2018/PTUN-KPG MENGENAI UPAYA ADMINISTRATIF TERHADAP PEMBERHENTIAN PEGAWAI NEGERI SIPIL SECARA TIDAK HORMAT Brylianda Robby Prasetyo Hartono; Gandes Candra Kirana
Reformasi Hukum Trisakti Vol. 3 No. 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Chrisanto Enggong S.Pi, a former civil servant who is the plaintiff, was issued a Decree by the East Manggarai Regent Number BKPSDM.888/1493/XII/2018 concerning Dismissal for Committing a Crime in Position Crime by the defendant and rehabilitate and/or restore the plaintiff's position to its prior state. The issue's formulation is whether State Administrative Decision Number 35/G/2018/PTUN-KPG is in compliance with the applicable statutory regulations and how administrative efforts for civil servants against dishonorable dismissal based on Law Number 5 of 2014 concerning State Civil Apparatus are being carried out. Typical legal research techniques include secondary data collection, descriptive and analytical analysis, library research, and the use of deductive reasoning to reach conclusions. Considering the findings of the study, Discussion and conclusion: The panel of judges is thought to be less impartial in deciding the case when a civil servant who has been dishonorably discharged for this reason submits administrative efforts. All administrative efforts must be made before filing a lawsuit in court.

TINJAUAN YURIDIS PENYELESAIAN SENGKETA TATA USAHA NEGARA MENGENAI PENEMPATAN APARATUR SIPIL NEGARA DALAM JABATAN FUNGSIONAL (STUDI PUTUSAN PENGADILAN TATA USAHA NEGARA KUPANG NOMOR 22/G/2019/PTUN-KPG) Lisa Listyarini; Gandes Candra Kirana
Reformasi Hukum Trisakti Vol. 3 No. 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The Plaintiffs frequently alter the deadline for filing a lawsuit with the court and the kind of administrative measures. In the form of the Kupang State Administrative Court Decision Number 22/G/2019/PTUN-KPG, both of these were discovered in the research item. Whether or not the plaintiff's administrative efforts were in compliance with the ASN and PERMA Laws is how the issue is formulated. 6 of 2018 pertaining to the Guidelines for the Settlement of Government Administrative Disputes after Making Administrative Efforts and whether judges' activities when they continue to look into lawsuits with a grace period, such as the subject of the research, are in compliance with the Administrative Court Law. The research approach is normative, and literature reviews are qualitatively examined to enable deductive inferences. Based on the research, analysis and conclusion, it is concluded that the plaintiff's administrative efforts are not in compliance with the law and regulations because administrative appeals, not administrative efforts, should be used. Additionally, the judges' decisions to continue reviewing the lawsuit within the allotted time is also not in compliance with administrative court law.

ANALISIS YURIDIS TERKAIT DENGAN PENILAIAN HAKIM TERHADAP ALAT BUKTI SURAT DALAM PERKARA GUGATAN PEMBATALAN MEREK Amartha Christine; Gandes Candra Kirana
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The law of evidence can be said to be the key to whether or not a lawsuit filed according to the Civil Procedure Code is proven, where documentary evidence which is the main evidence plays an important role which must be considered by the panel of judges. The formulation of the problem that the author discusses is how the strength of the documentary evidence provided for in Article 164 of the Herzien Inlandsch Regulation is related to the evidence by the Plaintiff in the Trademark Cancellation Lawsuit? and whether the consideration of the Panel of Judges in the verdict which did not take into account the documentary evidence provided by the party filing the lawsuit complied with the Provisions in the Civil Procedure Code? The research was conducted using normative juridical research methods, using secondary data. Based on the results of the analysis, the Panel of Judges did not consider the documentary evidence in the form of an authentic deed submitted by the Plaintiff.

ANALISIS YURIDIS PUTUSAN TATA USAHA NEGARA NOMOR 35/G/2018/PTUN-KPG MENGENAI UPAYA ADMINISTRATIF TERHADAP PEMBERHENTIAN PEGAWAI NEGERI SIPIL SECARA TIDAK HORMAT Brylianda Robby Prasetyo Hartono; Gandes Candra Kirana
Reformasi Hukum Trisakti Vol 3 No 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i1.13253

Chrisanto Enggong S.Pi, a former civil servant who is the plaintiff, was issued a Decree by the East Manggarai Regent Number BKPSDM.888/1493/XII/2018 concerning Dismissal for Committing a Crime in Position Crime by the defendant and rehabilitate and/or restore the plaintiff's position to its prior state. The issue's formulation is whether State Administrative Decision Number 35/G/2018/PTUN-KPG is in compliance with the applicable statutory regulations and how administrative efforts for civil servants against dishonorable dismissal based on Law Number 5 of 2014 concerning State Civil Apparatus are being carried out. Typical legal research techniques include secondary data collection, descriptive and analytical analysis, library research, and the use of deductive reasoning to reach conclusions. Considering the findings of the study, Discussion and conclusion: The panel of judges is thought to be less impartial in deciding the case when a civil servant who has been dishonorably discharged for this reason submits administrative efforts. All administrative efforts must be made before filing a lawsuit in court.

TINJAUAN YURIDIS PENYELESAIAN SENGKETA TATA USAHA NEGARA MENGENAI PENEMPATAN APARATUR SIPIL NEGARA DALAM JABATAN FUNGSIONAL (STUDI PUTUSAN PENGADILAN TATA USAHA NEGARA KUPANG NOMOR 22/G/2019/PTUN-KPG) Lisa Listyarini; Gandes Candra Kirana
Reformasi Hukum Trisakti Vol 3 No 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i1.13254

The Plaintiffs frequently alter the deadline for filing a lawsuit with the court and the kind of administrative measures. In the form of the Kupang State Administrative Court Decision Number 22/G/2019/PTUN-KPG, both of these were discovered in the research item. Whether or not the plaintiff's administrative efforts were in compliance with the ASN and PERMA Laws is how the issue is formulated. 6 of 2018 pertaining to the Guidelines for the Settlement of Government Administrative Disputes after Making Administrative Efforts and whether judges' activities when they continue to look into lawsuits with a grace period, such as the subject of the research, are in compliance with the Administrative Court Law. The research approach is normative, and literature reviews are qualitatively examined to enable deductive inferences. Based on the research, analysis and conclusion, it is concluded that the plaintiff's administrative efforts are not in compliance with the law and regulations because administrative appeals, not administrative efforts, should be used. Additionally, the judges' decisions to continue reviewing the lawsuit within the allotted time is also not in compliance with administrative court law.

ANALISIS YURIDIS TERKAIT DENGAN PENILAIAN HAKIM TERHADAP ALAT BUKTI SURAT DALAM PERKARA GUGATAN PEMBATALAN MEREK Amartha Christine; Gandes Candra Kirana
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13617

The law of evidence can be said to be the key to whether or not a lawsuit filed according to the Civil Procedure Code is proven, where documentary evidence which is the main evidence plays an important role which must be considered by the panel of judges. The formulation of the problem that the author discusses is how the strength of the documentary evidence provided for in Article 164 of the Herzien Inlandsch Regulation is related to the evidence by the Plaintiff in the Trademark Cancellation Lawsuit? and whether the consideration of the Panel of Judges in the verdict which did not take into account the documentary evidence provided by the party filing the lawsuit complied with the Provisions in the Civil Procedure Code? The research was conducted using normative juridical research methods, using secondary data. Based on the results of the analysis, the Panel of Judges did not consider the documentary evidence in the form of an authentic deed submitted by the Plaintiff.

A Juridical Analysis of Evidence on the Crime of Maltreatment Resulting in Death (Study of Decision Number 35/Pid.B/2018/PN Sbr): Analisis Yuridis Pembuktian Atas Tindak Pidana Penganiayaan Yang Mengakibatkan Kematian (Studi Putusan Nomor 35/Pid.B/2018/PN Sbr) Sendi Ramadhan Mustofa; Gandes Candra Kirana
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18347

Evidence in the Criminal Procedure Rules is very essential when checking criminal cases in court. The issue raised is whether the evidence in checking criminal acts of abuse which resulted in death is based on the case in the District Court Decision Number 35/Pid.B/2018/PN Sbr which was applied by the public prosecutor appropriately based on the Criminal Procedure Rules Book and whether the action the public prosecutor's failure to provide evidence to the court has legal consequences. This type of research uses normative juridical methods of analytical descriptive nature. The results of the research, discussion and conclusions are seen from the trial in accordance with court decision Number 35/Pid.B/2018/PN Sbr. The Public Prosecutor stated that one of the other witnesses who were related by blood or marriage was mistaken, because it was possible that the statement submitted was not objective. The decision of the District Court in the absence of evidence in the decision Number 35/Pid.B/2018/PN Sbr was a Careless actions are caused by the suspect being acquitted by the prosecutor because the evidence supporting the accusation against the suspect is not strong enough

STUDI KOMPARASI PENGATURAN PEMBUKTIAN PERKARA PIDANA BERDASARKAN SISTEM HUKUM INDONESIA DAN KOREA SELATAN Khairani Catika Juliana; Gandes Candra kirana
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18591

Proof is a crucial element in resolving legal issues, undertaken based on the will or desire of the parties involved. Recognizing that Indonesia and South Korea have similar legal systems, there may be differences in their legal regulations, especially regarding the proof of criminal cases. The research problem formulation is: What are the differences and similarities in proving criminal cases in Indonesia and South Korea? And what are the weaknesses and strengths of proving criminal cases in Indonesia and South Korea? The aim of this research is to understand and describe the differences, similarities, weaknesses, and strengths of proving criminal cases in Indonesia and South Korea. This study uses a Comparative method, conducted through a legal comparison between one legal system and another. The research adopts a normative research type, utilizing literature review to describe the research problem. The findings indicate that despite significant differences in the types of evidence between Indonesia and South Korea, they have nearly identical legal systems and share similar strengths and weaknesses. However, in some aspects, Indonesia can adopt certain elements from the South Korean legal system.

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