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"Vol 4 No 4 (2022): Reformasi Hukum Trisakti"
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<![CDATA[TINJAUAN YURIDIS PENANGKAPAN IKAN TANPA SIPI DAN MENGGUNAKAN JARING TRAWL ]]>
<![CDATA[Ernawaty Putri Elisabet Siburian]]>;
<![CDATA[Dyah Setyorini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15002
<![CDATA[Every fishing activity in the water area of the Republic of Indonesia must have a permit and meet the requirements for the use of fishing nets as regulated in the Regulations. This research discusses Fishing without SIPI. This research is normative and descriptive analytical legal research, using secondary data obtained through library research. The data is analyzed qualitatively and the conclusions are drawn using deductive logic. The conclusion from this research is the fishing by Sugianto did not use SIPI and violated article 27 paragraph (1) Law Number 45/2009 from Law Number 31/2004 concerning fishery and Sugianto also using nets in the form of Trawls Nets. On the other hand the actions he did categorized as Illegal Fishing.]]>
<![CDATA[PEMBERLAKUAN ASAS CABOTAGE PERAIRAN SULAWESI TENGGARA BERDASAR-KAN INPRES JO UNDANG-UNDANG PELAYARAN ]]>
<![CDATA[Beby Ansel Apriliya Imran]]>;
<![CDATA[Elfrida Ratnawati Gultom]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15014
<![CDATA[Indonesia has vast waters and the cabotage principle applies to connecting waters in Indonesia. The research’s problem: how to enforce cabotage principle in Southeast Sulawesi waters and how to empower Indonesian shipping in Southeast Sulawesi waters after cabotage principle enactment based on Presidential Instruction Number 5 of 2005 concerning Empowerment of the National Shipping Industry in conjunction with Law Number 17 of 2008 concerning Shipping. This research is normative and descriptive analytical legal research, using primary data to support secondary data, primary and secondary legal materials. The data is analyzed qualitatively and the conclusions drawn using deductive method. The conclusion is that the application of cabotage principle regulations in Southeast Sulawesi waters are going well, but cabotage principle has not carried out optimally. The positive impacts of cabotage principle implementation are: growing the country's economy, growing local companies, increasing the empowerment of human resources and reducing pollution and the negative impacts are in the form of a limited types of ships, one of which is mother vessels which are very few owned by Indonesia and because of this, the use of foreign ships is still being carried out due to the limited types of ships and high demand for services.]]>
<![CDATA[EKSEKUSI HAK TANGGUNGAN DI BANK SYARIAH (STUDI KASUS PUTUSAN NOMOR 5530/PDT.G/2017/PA.BADG) ]]>
<![CDATA[Syifa Esthiningtyas Putri Widodo]]>;
<![CDATA[Dyah Setyorini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15022
<![CDATA[The Mortgage Law and Objects Related to Land, namely Law Number 4 of 1996, (hereinafter reffered as the Mortgage Law) states that there are three ways if the debtor breaks a promise (wanprestasi) and the creditor can carry out the execution of the Mortgage object. The three methods consist of Parate Execution as stated in the Mortgage Law Article 6, Executorial Title as stated in the Mortgage Law Article 14 paragraphs (2) and (3), as well as Underhand Execution. Execution of Mortgage carried out by Islamic Banks in the Study of Decision Number 5530/Pdt.G/2017/PA.Badg remains subject to the Mortgage Law and the auction process which is carried out on the basis of Minister of Finance Regulation Number 27/PMK.06/2016 concerning The Instructions for Auction has been amended by The Minister of Finance Regulation Number 213/PMK.06/2020 concerning Instructions for Auction Implementation. The judge's considerations in adjudicating the Decision Number 5530/Pdt.G/2017/PA.Badg case are in accordance with the Mortgage Law, especially in Article 6 with the creditor still having the right to carry out execution through auction according to Minister of Finance Regulation Number 27/PMK. 06/2016 which has now been amended by Minister of Finance Regulation Number 213/PMK.06/2020.]]>
<![CDATA[TINDAK PIDANA KEKERASAN FISIK MENGAKIBATKAN KEMATIAN DALAM LINGKUP RUMAH TANGGA (PUTUSAN NO.27/PID.B/2021/PN.TRT) ]]>
<![CDATA[Nurul 'Arifah Dharmaningtyas]]>;
<![CDATA[Vientje Ratna Multiwijaya]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15027
<![CDATA[Criminal acts regarding a violence or abuse in a household matters are included in 2 (two) laws, which is the Criminal Code which has a public characteristic and Law number 23 of 2004 that has a specific characteristic. The main research’s problem are: whether the Defendant's actions is in accordance with Article 354 paragraph (2) in conjunction with Article 356 1 of the Criminal Code (Decision Number 27/Pid.B/2021/PN.Trt) and the punishment of the perpetrators of physical violence that resulting in death within the household (Decision Number 27/Pid.B/2021/PN.Trt). The research conducted in normative and descriptive analytical legal research, using secondary data obtain through library research. The data is analyzed qualitatively and the conclusions are drawn using deductive method. The actions of the perpetrator in this case constituted an act of physical violence resulting in death within the household that is in accordance with Article 44 paragraph (3) of Law no. 23 of 2004. The sentencing of the perpetrators is in accordance with sentencing theories.]]>
<![CDATA[ANAK PELAKU TINDAK PIDANA PERSETUBUHAN BERDASARKAN UNDANG-UNDANG PERLINDUNGAN ANAK (PUTUSAN No.7/PID.SUS-ANAK/2020/PN.MBN) ]]>
<![CDATA[Nurul Kamila]]>;
<![CDATA[Vientje Ratna Multiwijaya]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15028
<![CDATA[The crime of child sexual intercourse and abuse is regulated specifically in Law number 35 of 2014 Article 76D concerning Child Protection. It explains that each individual is not justified in committing violence or sending threats of violence and forcing child to have sex with him or with another individual. The research’s problems: is the action of a child who commits crime of intercourse are in accordance with Article 81 (2) of Law number 17 of 2016 concerning Child Protection (Decision No.7/Pid.Sus- Anak/2020/PN.Mbn) and whether the prison sentence imposed on perpetrator meets sentencing requirements in Law number 11 of 2012 concerning Juvenile Criminal Justice System. The research object is decision number 7/Pid.Sus-Anak/2020/PN.Mbn and the research is a normative and descriptive analytical legal research, using secondary data obtain through library research, analyzed qualitatively and conclusions are drawn using inductive method. The research’s conclusions: The actions of child perpetrators in the crime of intercourse are inappropriate if they only use Article 81 (2), but must also be based on Article 81 (1) of Law number 17 of 2016 concerning Child Protection, Punishment of the Child Defendant is in accordance with Law number 11 of 2012 but should not be given additional punishment.]]>
<![CDATA[PUTUSAN ULTRA PETITA DALAM TINDAK PIDANA NARKOTIKA BERDASARKAN UNDANG-UNDANG NARKOTIKA ]]>
<![CDATA[Hafizhah Azzahra]]>;
<![CDATA[Setiyono]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15031
<![CDATA[The case that occurred on February 1st, 2019 involved a sale and purchase transaction of methamphetamine by Boiy Sairy alias Busairi Bin Tomin. The decision from the Panel of Judges of Situbondo District Court is different from the article charged by the public prosecutor in a single indictment. The defendant was charged with Article 112 of the Narcotics Law, while the judges gives a decision under Article 127 of the Narcotics Law. This research is normative and descriptive analytical legal research, using secondary data obtain through litearure studies and interviews. The data is analyzed qualitatively and conclusions are drawn using deductive understanding. The conclusion of the research is that the Judges use Article 127 while in the indictment and the facts of the trial and the jurisprudence of the Supreme Court Decision No. 675 K/Pid/1987, the Defendant BS was proven to have abused Narcotics so that the Judge imposed a criminal sentence and this decision has permanent legal force so that it is valid in the eyes of the law.]]>
<![CDATA[ANALISIS YURIDIS ALAT BUKTI SURAT KETERANGAN DOKTER (STUDI PUTUSAN NOMOR 187/PID.SUS/2020/PN MLG) ]]>
<![CDATA[Alwan Rasyid Naufal]]>;
<![CDATA[Setiyono]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15032
<![CDATA[Documentary evidence is one of the bases of proving a criminal case which is used before trial to help determine whether or not the defendant is guilty, and the judge who examines a criminal case must pay attention and examine the evidence provided before the trial. Article 54 of Law number 35 of 2009 concerning Narcotics stated that the victims of Narcotics Abuse and Addicts are required to undergo medical and social rehabilitation. But in practice, there are many narcotics abusers and addicts who are not given rehabilitation sentences but given punishment in the form of imprisonment. Therefore, the research’s problem are regarding the strength of doctor's certificate of evidence in narcotics crime case and the inaccuracy of legal considerations given by Panel of Judges regarding the doctor's certificate as evidence given before the trial. The research is a normative and descriptive analytical legal research, using secondary data obtain through library research, analyzed qualitatively and conclusions drawn using deductive understanding. The research conclusions are that the strength of documents as the evidence is independent and narcotics abusers should be given a punishment in the form of rehabilitation but in accordance with the existing and related regulations.]]>
<![CDATA[PERAN KEMENDAGRI DALAM PENUNJUKKAN KEPALA DAERAH SEBAGAI KETUA PENANGANAN PANDEMI COVID-19 JAKARTA ]]>
<![CDATA[Immanuel Ignatius]]>;
<![CDATA[Reni Dwi Purnomowati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15034
<![CDATA[The President receives assistance from the Ministry of Home Affairs (Kemendagri) in managing the Covid-19 distribution. The formulation of the issue is a means of establishing authority for the appointment of Task Force Officers for the Acceleration of Handling Corona Virus Disease 2019 (Covid-19) in accordance with Presidential Decree Number 7 of 2020 and Minister of Home Affairs Circular Letter Number 440/2622/SJ, as well as the Ministry of Home Affairs' attempts to remove barriers that Regional Leaders faced in carrying out the Acceleration Management of Corona Virus Disease 2019 (Covid-19) in DKI Jakarta. Using secondary data for descriptive analysis and qualitative deductive reasoning, the research method is juridical-normative. Research findings, analysis, and conclusions: The Ministry of Home Affairs' involvement in appointing Regional Leaders to delegate authority can hasten the management of the COVID-19 epidemic while still giving due consideration to the economic issue. Regional leaders be able to carry out plans that strike a balance between economic and health-related considerations as executors of regional government issues. Making Joint Decrees of the Ministers of Home Affairs and Finance Number 119/2813/SJ and Number 117/KMK.07/2020 focused on health, social assistance, and saving the economy in their respective regions, notably MSMEs, is being attempted.]]>
<![CDATA[PENANGKAPAN IKAN DENGAN MENGGUNAKAN BAHAN PELEDAK DI WILAYAH PERAIRAN TAKA GARAS MAUMERE ]]>
<![CDATA[Nur Fitriani]]>;
<![CDATA[Dyah Setyorini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15035
<![CDATA[Illegal fishing often use explosives. The Research’s problem is how the policies regarding fishing gear in Law on Fisheries and the Job Creation Law and how fishing carried out by the Kasdin using explosives in terms of the Law on Fisheries and the Job Creation Law (case study Decision Number 4/Pid.Sus-Prk/2020/PN Mme). The research conducted in normative and descriptive analytical legal research, using secondary data and primary and secondary legal materials. The data is analyzed qualitatively and conclusions drawn using deductive logic method. The conclusion is that the policy related to the prohibition of the use of bombs (chemical explosives) in fishing activities is regulated in Law Number 45 of 2009 concerning Fisheries, Minister of Maritime Affairs and Fisheries Regulation Number 18 of 2021 and Government Regulation Number 27 of 2021 concerning the Implementation of Maritime Affairs and Fishery. Based on the case in Decision Number 4/Pid.Sus-Prk/2020/PNMme, Kasdin violated Article 8 (1) of Law 45/2009 Concerning Fisheries, Article 7 (1) and (2) of Minister of Maritime Affairs and Fisheries Regulation Number 18 of 2021, Article 43 (1) Government Regulation Number 27 of 2021 concerning the Implementation of Maritime Affairs and Fishery and can be categorized as illegal fishing using explosive.]]>
<![CDATA[ANALISIS YURIDIS TERHADAP KETERANGAN AHLI DALAM TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN NOMOR:4/PID.SUS/2019/PN.BRB) ]]>
<![CDATA[Bimar Prananta]]>;
<![CDATA[Dian Adriawan Daeng Tawang]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i6.15037
<![CDATA[Verdict Number 4/Pid.Sus/2019/PN Brb (hereinafter reffered as the Verdict) is a narcotics crime case with the defendant Achmad Syarif. The defendant submitted expert testimony, Sofyan Nata Saragih who testified that he had examined the defendant and diagnosed him with Accute Psychotic Schizophrenia Disorder. The Verdict stated the defendant was healthy and his actions could be accounted before the law. This is a problem because expert examination is not dan accordance with applicable regulations. The problems: whether expert testimony dan the Verdict is dan accordance with the applicable laws and regulations and is the Verdict which imposed criminal sentence on the defendant dan accordance with laws and regulations. The purpose of this research is to describe and analyze the Verdict. The research is a normative legal research, using secondary data and analyzed qualitatively. The lack of laws and regulations regarding expert testimony has impact on the wrong decision of the judge dan imposing a criminal sentence on the defendant. It is hoped that DPR can revise KUHAP by presenting 1 clear article regarding the conditions for person to become expert dan criminal case. It is considered necessary for judge to apply Article 180 of KUHAP and Article 19 concerning Mental Health.]]>
