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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 25 Documents
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Search results for , issue "Vol 4 No 3 (2022): Reformasi Hukum Trisakti" : 25 Documents clear
ANALISIS PUTUSAN HAKIM TERHADAP UPAYA HUKUM PENINJAUAN KEMBALI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Geraldus Himawan Utomo; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15084

Abstract

Justice may file a PK against a PHI decision that has permanent legal force if either of the following circumstances exists, as stated in Article 57 of the PPHI Law: (1) the Supreme Court has determined a case at the cassation level; or (2) the PHI decision has permanent legal force. Legal efforts to settle industrial relations problems only go as far as the cassation level for rights disputes and job termination disputes since the passage of SEMA No. 3 of 2018. Problem statement: Does the law support the judge's decisions to grant judicial review in Decision Number 11 PK/PDT.SUS-PHI/2018 and to refuse judicial review in Decision Number 94 PK/PDT.SUS-PHl/2017? What are the legal repercussions of the judge's ruling in ruling Number 1 1 PK/PDT.SUS-PHI/2018 in favor of judicial review and the judge's ruling in ruling Number 94 PK/PDT.SUS-PHl/2017 to dismiss the PK lawsuit? Secondary data, primary data, and the normative research approach are all of a descriptive character. The release of SEMA Number 3 of 2018 is an effective move to minimize PK legal efforts in the process of settling labor disputes, according to the study's findings, debate, and conclusions.
MEKANISME PENYELESAIAN SENGKETA TUMPAHAN MINYAK DI LAUT BERDASARKAN HUKUM INTERNASIONAL Satrio Parikesit Kusumo Nugroho; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15085

Abstract

There have been numerous leaks caused by oil spills in Indonesian territorial seas, but the Montara oil refinery leak and spill in the Timor Sea, which has been happening since 2009, is particularly significant and is currently being appealed. The way the issue is phrased what procedure is in place to settle claims involving international oil spills? Statements made about the oil spill in the Indonesian Timor Sea by the governments of Australia and Indonesia. According to the agreement, the study methodology is normative research on efforts to settle disputes about marine pollution. As of this writing, data processing is qualitative, and conclusions are drawn using deductive reasoning. The study's findings, analysis, and conclusion were used in the court case between Daniel Aristabulus Sanda and PTTEP Australasia (Ashmore Cartier) Pty Ltd, NSD Number 1245 of 2016, which Judge Yates J decided on March 19, 2021, at the Australian Federal Court in the State of New South Wales. It is ideal for Indonesia and Australia to come to a bilateral agreement that governs the way in which states are held accountable for marine contamination brought on by oil spills from offshore oil drilling operations.
TINJAUAN YURIDIS PENGANGKUTAN KAYU TANPA SURAT KETERANGAN SAH HASIL HUTAN KAYU Fadhila; Irene Mariane
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15086

Abstract

For a company involved in the transportation of forest products, the Certificate of Legality of Timber Forest Products (SKSHHK) is crucial. According to Law Number 18 of 2013 concerning the prevention and eradication of forest destruction, the problem is formulated as what permits must be obtained in carrying out a business of transporting timber forest products and what should be the procedure for carrying out a business of transporting timber forest products. The research methodology makes use of deductive reasoning, normative jurisprudence, secondary data, data collection with literature study, qualitative data analysis, and conclusion drawing. According to the Law on Prevention and Eradication of Forest Destruction, research findings, analyses, and conclusions are permits that must be held in order to conduct business and transport timber and forest products includes Timber Transportation Invoices Processed (FA-KO), Certificate of Timber Forest Products (SKSHHK), and Permits for Collection of Timber Forest Products (IPHHK). According to Decision Number 13/Pid.Sus/2018/PN.Rhl, the defendant violated Article 12 letter e and Article 83 paragraph 1 letter b of Law Number 18 of 2013 by transporting timber and forest goods without SKSHHK.
TINJAUAN YURIDIS MENGENAI PRINSIP ITIKAD BAIK DALAM PENOLAKAN KLAIM ASURANSI JIWA KREDIT Millania Tri Rahmadhani; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15087

Abstract

Because of a breach of the concept of good faith (Utmost Good Faith), which is governed by article 251 of the Indonesian Commercial Code, insurance claims for life insurance are frequently denied by the insurer. The matter is stated as follows: What are the legal remedies for credit life insurance that is not paid by PT Cigna Insurance? The application of descriptive normative research methodologies, the qualitative processing of secondary data, and the deductive drawing of conclusions. The findings of the study, the discussion, and the conclusion that PT. Cigna Insurance's decision to deny credit life insurance claims was modified by article 251 of the Criminal Code led to the discovery that the reasons for the decision were made to the fact that RR. L. Nuning Lestari M is the late Alm. Agoes Soegiarto's successor was brought about by a breach of the covenant of good faith between RR. L. Nuning Lestari M and Alm. Agoes Soegiarto.
PERBANDINGAN HUKUM MENGENAI TINDAK PIDANA PENCURIAN MENURUT HUKUM INDONESIA DENGAN HUKUM IRLANDIA Irsyad Aditya Purnomo Putra; Fachri Bey
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15089

Abstract

The crime of stealing or the crime of theft is the type of crime that frequently occurs in society. Because there are so many distinct tribes and races in the Indonesian state, each with its own personalities and traits, crime must be closely watched. Like Indonesia, Ireland is not immune to theft-related crimes. How are the similarities and differences in the crime of stealing according to the Criminal Code and Criminal Justice Ireland is the formulation of the issue discussed in this study. While utilizing secondary data found through library research, the research approach adopts a normative juridical research type. Deductive reasoning was used to qualitatively examine secondary data. The study's findings, analysis, and recommendation, specifically the parallels, are in the  findings of the study, along with the discussion and conclusion, show that while there are differences in the country's legal system, criminal penalties, the number of articles, how those articles are applied, and penalties for losing rights, there are similarities in the manner in which theft is committed, the losses incurred as a result of the crime, and the purpose of theft. Ireland and Indonesia have significantly distinct legal systems, with Ireland adhering to the common law system and Indonesia following the civil law system. Ireland, meanwhile, adheres to the common law system of law.
TINJAUAN YURIDIS ANAK KORBAN TINDAK PIDANA PERSETUBUHAN OLEH ORANG TUA (PUTUSAN NO.223/PID.SUS/2020/PN.PTI) Regina Natasya; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15090

Abstract

One of the duties of parents is to protect their children. The state has assured that children's rights are protected under Law Number 17 of 2016. Problem formulation: Based on the analysis of Decision No. 223/Pid.Sus/2020/PN. Pti, is the suspect's behavior in accordance with Article 81 Paragraph 2 of Law Number 35 of 2014 addressing child protection? and what actions should be taken against parents that coerce their children into having sex (Study of Decision Number 223/Pid.Sus/2020/PN.Pti). Normative legal research technique using secondary data from library research and analytical descriptive nature. Qualitative data processing and deductive reasoning are used to reach conclusions. According to the findings of the study, the discussion, and the conclusion that the defendant's actions are improper under Article 81 Paragraph 2 of Law Number 35 of 2014 in conjunction with Law Number 17 year 2016, preferably using Article 81 Paragraph 3, the sentence imposed by law enforcement is made heavier by one-third of the criminal threat made in the study.
HAK ASUH ANAK (HADHANAH) ADOPSI PASCA PERCERAIAN MENURUT HUKUM ISLAM INDONESIA Renata Thalyssa Kiara; Khairani Bakri
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15091

Abstract

The institution of marriage serves to formalize a man and woman's connection and to create an everlasting and happy family. Child custody is one of the effects of divorce (hadhanah). Problem statement: Under Indonesian Islamic family law, how is child custody (hadhanah) for adopted children determined? And does Indonesian Islamic family law apply to the Sarolangun Religious Court's Decision Number 144/Pdt.G/2019/PA.Srl? The normative legal research type is utilized in this scientific work's study methodology. The research's descriptive nature, utilization of secondary data backed by primary data, qualitative analysis of the data, and deductive reasoning are all used to make findings. Research findings, analysis, and conclusions (Hanah) Arrangements for child custody for adoptive children have not been governed by Indonesian Islamic family law. The verdicts numbers three and four are not in conformity with the normative law contained in the KHI, as per the provisions of Article 105 letters a and b KHI. To ensure the child's welfare and that their rights are upheld, consideration is given to the child's actual living circumstances when deciding who will be responsible for caring for them.
ANALISIS YURIDIS TERHADAP PEMBERIAN IZIN POLIGAMI OLEH PENGADILAN (PUTUSAN NOMOR 0743/PDT.G/2018/PA.LMG) Febrina Puspito Ningtyas; Khairani Bakri
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15099

Abstract

In Indonesia today, polygamy, or the union of one man with the status of a husband and multiple women with the status of wives concurrently, still frequently leads to issues. For instance, consider the incident that took place in Lamongan a while back, where the man (the applicant) was forced to marry the second wife. If it wasn't for him, she didn't want to get married. This condition was later legally granted through the Lamongan Religious Court Decision Number 0743/Pdt.G/2018/PA.Lmg. However, it becomes apparent from various angles that a number of legislative requirements have not been met. utilizing secondary sources and descriptive analytical research techniques. The outcomes of the Research, analysis, and findings demonstrate that the pertinent decisions are compliant with the law. Simply put, the applicant's arguments do not follow Law Number 1 of 1974's provisions for Article 4 Paragraph 2 Jo, Government Regulation Number 9 of 1975's provisions for Article 41 letter a Jo, or List of Compilation or Association of Islamic Laws Article 57. Specifically, polygamy is only permitted if the wife is unable to fulfill her commitments, suffers from a handicap or disease, and is sterile.
PENETAPAN ORIENT SEBAGAI CALON BUPATI SABU RAIJUA UU NO 8 TAHUN 2015 Relliano Yopaca Fajrul Falaakh; Tri Sulistyowati
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15100

Abstract

The procedure for holding regional elections, which is expressly outlined in the law and runs from the registration stage to the inauguration stage, is undoubtedly not a guarantee for the smooth operation of democracy during the holding of regional elections. The issue is formulated as to what the Law No. 1 of 2015's requirements and procedures are for selecting candidates for regents, as well as what the Law No. 12 of 2006's citizenship provisions mean for the Orient Patriot Riwu Kore and the implications of those provisions for his selection as a candidate for regent. Research technique using secondary legal normative data. Deductive logic is used to draw conclusions after a qualitative analysis of the data. The findings of the study, discussion, and conclusion show that Orient citizenship status, which has two (two) nationalities, has been automatically lost and to be determined as a candidate for regent null and void. This is based on the most important requirements for running for office, namely being an Indonesian citizen and having to fulfill other requirements and procedures in accordance with regulations. It is hoped that the Pilkada will follow the rules and satisfy the demands of the Governor, the Regent, or the Mayor as set forth in Law No. 1 of 2015.
PENYIMPANGAN ASAS AMAN DALAM PENDAFTARAN TANAH OLEH KEPALA KANTOR PERTANAHAN KOTA JAMBI Wiwik Diah Lestari; Meta Indah Budhianti
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15101

Abstract

Land registration by the National Land Agency is based on the ideals of being straightforward, secure, affordable, current, and open, as stated in Article 2 of Government Regulation Number 24 of 1997 Regarding Land Registration. Problem statement: How are deviations from the authority of the Jambi City Land Office Head who disregard the security principle in the implementation of land registration based on Article 2 Government Regulation No. 24 of 1997 handled? Decision Number 12/G/PTUN.JBI addresses these issues. Research technique: qualitative descriptive analysis using interviews and main and secondary data. The study's findings are as follows: 1). According to article 2 of the government regulation from 1997, there are violations of the principle of security in land registration when the head of the Jambi City Land Office issues certificates without being meticulous and complete, which leads to the creation of multiple certificates; 2). The Judge's Decision's contents are improper because they fail to consider the security principle in land registration as stated in Article 2 of Government Regulation No. 24 of 1997.

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