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Narita Adityaningrum
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narita.a@trisakti.ac.id
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reformasihukum@trisakti.ac.id
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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 9 Documents
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Search results for , issue "Vol 3 No 1 (2021): Reformasi Hukum Trisakti" : 9 Documents clear
TANGGUNG JAWAB BRI ATAS HILANGNYA DANA SIMPANAN NASABAH BERDASARKAN PERATURAN PERBANKAN Jami Allaidin; Suci Lestari
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.v3i1.10181

Abstract

According to Decision Number 211/Pid.sus/2020/PN.Jmb, BRI employee Tumbi Partimbo Pati, who worked as a representative in Abunjani Sipin, Jambi City, defrauded BRI consumers. The phrasing of the issue is whether the decision has applied BRI's responsibility towards consumers based on banking regulations and if BRI's notion of liability for fraud is based on bank secrecy requirements and the Financial Services Authority. The research approach is normative, descriptive in character, uses secondary data, analyzes qualitative data, and relies on deductive reasoning to reach findings. According to the study's findings, analysis, and conclusion, BRI's notion of responsibility for fraud is based on rules governing bank secrecy and the Financial Services Authority, and the bank is not liable for client losses brought on by negligence by the customer himself not maintaining the secrecy of his ATM PIN but customers can request compensation from perpetrators who commit fraud. the fraud and implementation of BRI's responsibility verdict towards customers based on banking regulations, the bank is not criminally responsible but the person who committed the act is convicted, the bank bears the actions of its employees who commit fraud by giving administrative sanctions from the Financial Services Authority based article 52 the Banking Law.
ANALISIS TERHADAP PEMBATASAN PERLINDUNGAN HAK KEBEBASAN BEREKSPRESI DALAM MEDIA SOSIAL MENURUT HUKUM HAM INTERNASIONAL Aziza Zulia Zaini; Aji Wibowo
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.v3i1.10274

Abstract

Court Decision Number 274.Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst is a lawsuit filed by workers due to non-implementation of the Decision from Industrial Relations Court by PT. Sari Keramindo International. The main problems: how the authority of Central Jakarta Commercial Court in examining and deciding disputes between workers and PT. Sari Keramindo International and how is the dispute resolution process in homologation decisions between workers and PT. Sari Keramindo International based on the regulations. This research is normative descriptive legal research trough literature studies, analyzed qualitatively and conclusions are drawn using deductive methods. The conclusion: Commercial Court has authority to adjudicate disputes between workers and PT. Sari Keramindo International due to wages and severance pay which can categorized as debt arising from law due to the non-implementation of the decision of Industrial Relations Court and provisions in Article 1149 (4) of Civil Code and Article 81 number 33 of Law Number 11 of 2020 which confirms that the workers positioned as preferred creditors for unpaid wages and other rights. As well as the existence of discrepancies in Decision Number 274/Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst related to expiration of time period in deciding on homologation decisions as stipulated in Article 284 (4) of Law Number 37 of 2004.
ASPEK YURIDIS KEPEMILIKAN KONDOTEL SWISS BELHOTEL TUBAN – KUTA BALI OLEH WARGA NEGARA ASING BERDASARKAN PP NO. 103 TAHUN 2015 Nastasha Estherina. G; Anda Setiawati
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.v3i1.10342

Abstract

If previously the apartments were only meant for domestic use, they are now also utilized for non-residential uses, such as service hotels, one of which is situated in Bali, namely the Swiss Belhotel Tuban - Kuta Bali Condotel, whose existence draws tourists from abroad. According to PP No. 103 of 2015 concerning Ownership of Residential or Residential Houses by Foreigners Domiciled in Indonesia, the foreigner must be domiciled in Indonesia, provide economic benefits and the condotel purchased must be a new unit and built on Land Right to Use in order to be able to own and control the Swiss Belhotel Tuban - Kuta Bali Condotel unit. Simply said, there is a violation in the condotel unit's ownership Condotel ownership is given with a "strata title certificate" that includes 14 units that are owned and controlled by foreigners, in accordance with the provisions of PP No. 103/2015 and UURS. Given that the condotel is constructed on land with usage rights, foreigners should have ownership rights over flat units (HMSRS) rather than a "strata title" for their unit.
PEMBATALAN SERTIFIKAT YANG DITERBITKAN DARI JUAL BELI YANG MELAWAN HUKUM (STUDI PUTUSAN NO.1/Pdt.G/2015/PN.Mrj) Farsya Fachira Aslam; Anda Setiawati
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.v3i1.10343

Abstract

In reality, non-title holders often discover incidents of land sales and purchases. The land sale and purchase case involving H.M. Noor Habdi and Khairul Mahdi involved a parcel of land registered in Tirani's name as the object. Even though H.M. Noor Habdi did not actually own the property, he secured a land certificate from Tirani's husband in order to obtain a bank loan. However, H.M. Noor Habdi did not return the certificate he had borrowed after Tirani's spouse passed away; instead, he changed the name to his own and sold it to his son, Khairul Mahdi. Tirani and her kids, believing their rights had been violated, launched a case on the grounds urged that the land sale and purchase agreement be terminated after being accused of an illegal act. The findings of the study, the discussion and the conclusion led the judges on the Muaro District Court panel to issue Decision No. 1/Pdt.G/2015/PN.Mrj, which declared that H.M. Noor Habdi's legal transaction of buying and selling Khairul Mahdi was invalid and had no legal standing. However, Tirani's side had file a lawsuit with the State Administrative Court (PTUN) in order have the certificate that had been granted Khairul Mahdi's name revoked.
TINJAUAN YURIDIS PENDAFTARAN HAK TANGGUNGAN SECARA ELEKTRONIK DI KANTOR PERTANAHAN KOTA BEKASI Sheane Gunadi; Sri Untari Indah Artati
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.v3i1.13247

Abstract

The Ministry of Agrarian Affairs and Spatial Planning published the ATR / KaBPN Ministerial Regulation Number 5 of 2020 about Electronic Integrated Mortgage Services in response to the fourth industrial revolution. By using this Ministerial Regulation, the Bekasi City Land Office builds an electronic mortgage system. The registration of mortgage rights is where the distinction exists. Problem formulation: legislative restrictions on electronic mortgage registration at the Bekasi City Land Office and how to register electronic mortgage rights there. The deductive logic approach is used to draw findings in normative juridical research, which is based on both secondary and primary material. The study's findings, analysis, and conclusion show that the use of electronic Mortgage Rights at the Bekasi City Land Office divide tasks between the PPAT and the Creditor, with the PPAT only going so far as to make APHT and the Creditor handling registration tasks. The challenge is that the guarantee of land rights must be certified differently from Article 10 paragraph (3) UUHT, error system and foreign nationals who have not been coordinated as users of HT-el services.
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

Abstract

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

Abstract

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.
TINJAUAN YURIDIS ANAK BELUM DEWASA SEBAGAI TURUT TERGUGAT DALAM SENGKETA WARIS (STUDI PUTUSAN PENGADILAN AGAMA SUKABUMI NOMOR 0371/PDT.G/2017/PA.SMI) Intan Justiasari; Muriani Muriani
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.v3i1.13257

Abstract

The Sukabumi Religious Court Decision Number 0371/Pdt.G/2017/PA.Smi concerns. It has to do with the legal subject being a minor and the exception being slander. The question put forth is: Can a immature child be dropped as a co-defendant in a case brought before the court? And what justifies the Sukabumi Religious Court's panel of judges rejecting the defendant's exception to the inheritance claim for obscenity libel? The research is descriptive in nature, uses secondary data, is processed in a qualitative manner, and draws findings based on deductive reasoning. The research approach is juridical-normative. Decision Number 0371/Pdt.G/2017/PA.Smi, which was based on the findings of the investigation, discussion, and conclusions, found that the because there were parties who were immature and who were not being represented by their legal adult, the lawsuit had formal flaws and was not legally valid. This was determined by a judge. The claim is therefore unacceptably false as a result. The reason for the judge's consideration breaches the process for modifying a case, thus it is not in compliance with the applicable law.
ANALISIS YURIDIS PENETAPAN PERKAWINAN BEDA AGAMA ANTARA KEVIN SANGIAN HENDRIK RUMIAP DENGAN NUR REZKI ANGGRAENI AKHBAR MENURUT HUKUM PERKAWINAN YANG BERLAKU DI INDONESIA (STUDI PENETAPAN PENGADILAN NEGERI MAKASSAR NOMOR 622/PDT.P/2018/PN.MKS) Praditya Arrahim Pahlevi; Muriani Muriani
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.v3i1.13297

Abstract

Interfaith marriage exists between Kevin Sangian Hendrik Rumiap and Nur Reski Anggraeni Akhbar. The issue is whether interfaith marriage is allowed under Indonesian marriage law that is in force, and if the provision of Number 622/Pdt.P/2018/PN.Mks that authorizes interfaith marriage complies with that law. The normative legal research method uses secondary data and is descriptive in character. analysis of qualitative data. Conclusion by deductive result. The findings of the study, discussion, and conclusion show that interfaith marriage agreements are strictly regulated in the Compilation of Islamic Law (in Article 40 letter (c) and Article 44, which states that every man is forbidden from marrying a woman who is not Muslim, and every woman is forbidden from marrying a man who is not Muslim. The District Court's decision to allow interfaith marriages, District Court No. 622/Pdt.P/2018/PN.Mks, does not follow the Compilation of Islamic Law or Law No. 1 of 1974, but rather Article 2 paragraph (2) of Government Regulation No. 9 of 1975 and Supreme Court Decision Number 1400K/Pdt/1986.

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