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"Vol 5 No 4 (2023): Reformasi Hukum Trisakti"
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<![CDATA[Problematika Sertipikat Hak Atas Tanah Yang Hilang Dalam Proses Jual Beli Tanah ]]>
<![CDATA[Namira Muna Salsabila]]>;
<![CDATA[Dinda Keumala]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17045
<![CDATA[The sale and purchase of land transaction can only be registered if made in front of a PPAT because the essential registration is based on the AJB made by the PPAT. The problem formulation focuses on the lost process of buying and selling land, which relies on the certification of land rights owned by the seller and how PPAT solving the obstacles and solutions. The research method is descriptive normative with secondary data and primary data in the form of interviews. The data was analyzed in a qualitative way and with deductive conclusions. The results show that the PPAT processes the production or issuance of a replacement certificate and transfers the name of the replacement certificate or registration of rights due to sale and purchase at the Land Office. However, obstacles encountered include the buyer's inability to produce the lost land certificate, the seller's whereabouts needing to be discovered, not knowing the certificate number, and the lengthy process of issuing a replacement certificate. The solution involves the PPAT requesting the Land Office to re-measure the land parcel, advising the buyer to file a lawsuit with the District Court, and directing the buyer to transfer the certificate's name immediately]]>
<![CDATA[- ANALISIS YURIDIS TERHADAP PUBLIKASI PUTUSAN PENGADILAN ANAK YANG TIDAK MENGIKUTI PEDOMAN SURAT KEPUTUSAN KETUA MAHKAMAH AGUNG NOMOR 1-144/KMA/SK/I/2011 (STUDI PUTUSAN PENGADILAN NEGERI SERANG NOMOR 18/PID.SUS-ANAK/2021/PN.SRG). ]]>
<![CDATA[Geovanni Ikram]]>;
<![CDATA[Setiyono]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17054
<![CDATA[Two 17-year-old children with the initials MRM and 16-year-old with the initials FAS proved legally and convincingly to have raped a 12-year-old girl with the initials SH. Juvenile offenders were arrested and tried in the Children's Court with the Decision of PN Serang Number 18/Pid.Sus-Anak/2021/PN Srg. The problems of this research are, whether the publication of the decision of the Serang District Court Number 18/Pid.Sus-Child/2021 is appropriate, and what is legal consequences for the publication of the decision of the Serang District Court number 18/Pid.Sus-Child/2021/Srg. The results of the research are that the decisions of the Serang District Court in cases of child and immoral crimes that are published without the disguise of identity as the guidelines in the Provision Letter Number 1-144/KMA/SK/I/2011106 are the ineffectiveness of the court apparatus that overshadows and decisions without obscuring the identity of the stated in the Decree of the Chief Justice of the Supreme Court Number 1-144/SK/KMA/2011 does not cancel the judge's decision, but will later become the responsibility of the Court Administrative Supervisory Board. Conclusion: decrees are recognized and have permanent legal force in General Courts, State Administrative Courts, Military Courts, and Religious Courts as stipulated in the Laws Forming Regulations. Recommendation:]]>
<![CDATA[- Tinjauan terhadap penyelesaian perselisihan oleh para pihak pada pengadilan hubungan industrial pekanbaru : - ]]>
<![CDATA[Muhammad Andika Rizqi]]>;
<![CDATA[Yoga Pamungkas]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17221
<![CDATA[In the settlement of industrial relations conflict disputes, Law Number 2 of 2004 regarding the Industrial Relations Court requires that a non-litigation settlement is an obligation that needs to be fulfilled first by the parties to the dispute. One of them is Bipartite Negotiation which is a formal requirement in resolving Industrial Relations Disputes conflicts. There are times when the process that the litigants go through is not in accordance with the applicable laws and regulations, such as the settlement process that the parties go through in decision Number: 40/Pdt.Sus-PHI/2020/PN Pbr. So the main problem is whether the procedure for resolving industrial relations conflicts between Sucipto Pardede and PT. Artha Prima Finance in the decision of the Industrial Relations Court is in accordance with the regulations of Law Number 2 of 2004 concerning Industrial Relations Disputes and Laws in the field of employment? And what are the legal consequences for the parties after the issuance of decision Number: 40/Pdt.Sus-PHI/2020/PN Pbr? To answer this problem, a normative juridical study was carried out on decision number 40/Pdt.Sus-PHI/2020/PN Pbr and with a descriptive nature]]>
<![CDATA[MASUKNYA 34 WARGA NEGARA ASING ASAL CHINA DITINJAU DARI PERMENKUMHAM NOMOR 27 TAHUN 2021 ]]>
<![CDATA[Erry Daffa Ramadhan]]>;
<![CDATA[Tri Sulistyowati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17222
<![CDATA[The Government of the Republic of Indonesia implemented the PPKM policy to limit Foreign Citizens to suppress the spread of COVID-19. In August 2021, 34 people originating from China entered Indonesian territory. The problem of this research is how did 34 foreign nationals from China violate PPKM restrictions against the provisions of PermenKumHam No. 27 of 2021 and what are the efforts made by the government in resolving the case of the entry of the 34 foreign nationals from China. This research is a juridical research that is analytical descriptive. Secondary data is data that is used with qualitative and deductive analysis as a method to draw a conclusion. The conclusion of this study is that the entry of 34 people originating from China entering Indonesian territory via Soekarno-Hatta International Airport does not violate the provisions in the Regulation of the Minister of Law and Human Rights Number 27 of 2021 which provides an exception for holders of Limited Stay Permits (ITAS). Completion efforts made by the government are to provide quarantine for 8 days and must show a complete vaccine dose certificate]]>
<![CDATA[SANKSI PIDANA TERHADAP IBU KANDUNG YANG MENGAKIBATKAN MATINYA ANAK (STUDI PUTUSAN NOMOR 47.PID.SUS/2021/ PN.JKT.PST) ]]>
<![CDATA[Kharisma Nabila Sapeva]]>;
<![CDATA[Maria Silvya E. Wangga]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17223
<![CDATA[This research is about criminal sanctions imposed on biological mothers who act violently against their children by hitting them, resulting in the child's death. By reviewing decision No.47/Pid.Sus/PN.JKT.PST, the formulation of the research problem is whether the judge considers the punishment of the biological mother based on Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 in Decision no. 47/Pid.Sus/2020/Pn.Jkt is in accordance with the theory of the purpose of punishment. This research is of a normative juridical type which is descriptive in nature, through the use of secondary data with qualitative processing and drawing conclusions deductively. The results of his research showed that the judge did not consider the formulation of norms in Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 concerning child protection, namely the punishment increased by 1/3 so that the prison sentence for the perpetrator becomes 20 years. The conclusion from this research is that considering the sanctions that the judge imposed for the punishment of the biological mother in Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 does not match the theory of the purpose of punishment based on contemporary theory]]>
<![CDATA[- PENGAMANAN ZONA EKONOMI EKSKLUSIF INDONESIA OLEH BADAN KEAMANAN LAUT: - ]]>
<![CDATA[Muhammad Michael Kahfi]]>;
<![CDATA[Anto Ismu Budianto]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17228
<![CDATA[The implementation of law enforcement in Indonesian waters is carried out to maintain Indonesia's territorial integrity as well as safeguard and protect Indonesia's national interests at sea. The authority of the BAKAMLA agency over the Indonesian Exclusive Economic Zone (ZEEI), among other things, is carried out through arrests of foreign fishing vessels. The problem formulation in this article is how to implement BAKAMLA's authority in the Indonesian EEZ. Then, the type of research used in writing this article is normative law, descriptive in nature, the data used is secondary data and primary data analyzed qualitatively, and the method of drawing conclusions uses deductive logic. The results of the research and discussion are related to the BAKAMLA EEZ carrying out security and safety patrols in Indonesian waters and Indonesian jurisdictional areas. The authority in BAKAMLA is carried out in synergy between related agencies in an integrated manner, integrated into one unit of command. The conclusion of this research is that the implementation of BAKAMLA's authority is realized through hot pursuit, stopping, inspecting, arresting, taking and handing over the ship to the relevant authorized agency for further legal proceedings]]>
<![CDATA[KAJIAN YURIDIS PENANGKAPAN lKAN MENGGUNAKAN BAHAN PELEDAK (STUDI KASUS NELAYAN DI MUARA ANGKE JAKARTA UTARA) ]]>
<![CDATA[Aulia Atasya Hidayat]]>;
<![CDATA[Dyah setyorini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17240
<![CDATA[Catching fish with fishing gear that uses materials or chemicals in marine waters is a practice that can have a negative impact on the safety of marine ecosystems. Additionally, it can lead to damage to coral reefs in Indonesian marine waters. The research is conducted in a normative manner on the fundamental legislative regulations. Furthermore, direct interviews are conducted with fishermen in North Jakarta's Muara Angke. Data processing is carried out qualitatively, and conclusions are drawn using deductive methods. The problem in this research is: What are the policies regarding fishing gear in the Fisheries Law and its implementing regulations, and what are the reasons behind fishing activities carried out by fishermen using explosives (a case study of fishermen in North Jakarta's Muara Angke)? The act of catching fish with explosives falls under the definition of illegal fishing because it contradicts the laws of a country or international regulations. The reason behind fishing with explosives is economic factors because the price of explosives is relatively cheap and easy to find]]>
<![CDATA[PERBUATAN PENCEMARAN NAMA BAIK MELALUI MEDIA/SARANA ELEKTRONIK (PUTUSAN NOMOR 104/PID/2020/PT BNA) ]]>
<![CDATA[Jeremy Pradana Marpaung]]>;
<![CDATA[Dian Adriawan Tawang]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17319
<![CDATA[Defamation is an act of tarnishing one's reputation through spoken or written statements. The problem addressed is how the defendant's act of defamation through electronic media/means is dealt with in the decision number 104/PID/2020/PT BNA, and whether the verdict in decision number 104/PID/2020/PT BNA aligns with the elements of Article 27, paragraph (3) of the ITE Law (Information and Electronic Transactions Law). In providing answers to the problem, a normative juridical research method is employed using secondary data. The research findings are analyzed qualitatively. The results of the research and discussion indicate that Saiful Mahdi's act of defamation does not conform to Article 27, paragraph (3) of Law No. 11 of 2008 concerning Information and Electronic Transactions. Based on the analysis of the core issue, the judge should have applied Article 310, paragraph (2) of the Indonesian Criminal Code (KUHP), which deals with attacking someone's honor or reputation in writing. The conclusion drawn from this research is that Saiful Mahdi's act of defamation should have been judged under Article 310, paragraph (3) of the KUHP, as he wrote the statement in question with the aim of defending the public interest to prevent misunderstandings at the Faculty of Engineering, Unsyiah]]>
<![CDATA[VERIFIKASI DATA PARTAI POLITIK PESERTA PEMILU PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 55/PUU-XVIII/2020 ]]>
<![CDATA[Frendi Sabil]]>;
<![CDATA[Reni Dwi Purnomowati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17320
<![CDATA[The Constitution of the State is the foundation or basis for the establishment of a State. However, in practice, the fulfillment of election activities has several processes, one of which is party data verification which is used as a prerequisite for political parties to participate in the implementation of elections. The problem is whether the Elimination of Factual Data Verification of Political Parties Parliamentary Threesholds in KPU regulation No. 6 of 2018 is in accordance with Election Law No. 7 of 2017. This research method is normative. The nature of this research is analytical descriptive. The method of drawing conclusions is deductive logic. With qualitative data processing. The results of this research and discussion refer to the Election Law Number 7 of 2017 to discuss this research. The conclusion of the research is KPU Regulation Number 6 of 2018 regarding verification.]]>
<![CDATA[TINJAUAN PTSL KOTA BATAM MENURUT MENTERI AGRARIA DAN TATA RUANG NOMOR 6 TAHUN 2018 ]]>
<![CDATA[Novaldo Adam]]>;
<![CDATA[Endang Suparsetyani]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i4.17369
<![CDATA[Land registration is an important element to develop a land registration system within the scope of simultaneous registration for all villages and sub-districts. Main questions are whether the implementation of complete systematic land registration program in Batam has been carried out as stipulated in the Regulation of the Minister of Agrarian and Spatial Planning/Head of BPN No. 6 of 2018, how is the implementation of the complete systematic land registration regulation policy in Batam and how is Batam Government's effort to reduce the difficulty of realizing the complete systematic land registration program. Theseresearch wield normative juridical method with analytical descriptive type. The results of the research on the implementation of complete systematic land registration program in Batam are implemented through 13 stages, same as the program policy in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 6 of 2018. PTSL certificates are issued systematically, or by requiring the owner of the result user to pay both the annual mandatory fee and the Implementation Fee. Conclusion, the solutions are community counseling, collaboration with local government, getting rid of old villages, BPHTB payment rules, and cooperation with stakeholders including the Batam government.]]>
