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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 40 Documents
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Search results for , issue "Vol 6 No 1 (2024): Reformasi Hukum Trisakti" : 40 Documents clear
ANALISIS TENTANG EKSEPSI KEWENANGAN ABSOLUT YANG DITOLAK OLEH MAJELIS HAKIM (PUTUSAN NO 420/PDT.G/2020/PN JKT.SEL) : Analysis Of The Exception Of Absolute Authority Rejected By The Council Of Judges (Ruling No 420/Pdt.G/2020/Pn Jkt.Sel) Bhakti Arssywahid; Muriani
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18918

Abstract

Resolving civil disputes through the courts is still an option for many legal subjects, where the District Court Panel of Judges will make the decision. However, in Decision No. 420/Pdt.g/2020/Pn Jkt.Sel, the District Court Panel of Judges rejected the defendant's exception or denial regarding the exception of absolute competence. The formulation of the problem in this research is whether the rejection of the exception regarding Absolute Competence from the Defendant is in accordance with the relevant laws and regulations and what legal remedies the Defendant can take. The type of research used is normative juridical using secondary data. Research Results The rejection of absolute competence by the Panel of Judges at the South Jakarta District Court is in accordance with Article 1365 of the Civil Code, Article 50 of Law no. 2 of 1986 concerning General Courts, and legal remedies for the Defendants if they feel dissatisfied with the rejection of this exception regarding absolute competence in accordance with Article 9 paragraph (1) of Law Number 20 In 1947, by filing a legal appeal and Article 43 paragraph (1) of Law Number 14 of 1985, the defendant can file cassation legal remedy, and if not satisfied, can file  judicial review.
JUAL BELI TANAH ANTARA AHLI WARIS ALMARHUMAH HADIDJAH DENGAN ALMARHUM SOPYAN SYAHRONI (STUDI KASUS PUTUSAN NO. 8/PDT.G/2018/PN.BDG) : Land Sale and Purchase Between the Heirs of Almarhum Hadidjah with Almarhum Sopyan Syahroni (Case Study of Decision No. 8/Pdt.G/2018/PN.Bdg) Salsabila Prajna Damayanti; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18922

Abstract

Sale and purchase is a legal act of transfer rights that is clear, cash, and real, there was sale and purchase of land between the heirs of the late Hadidjah and the late Sopyan Syahroni. It turned out that the seller certified and sold it to a third party. The main issue is whether the sale and purchase between the Heirs of Almh. Hadidjah with the late Sopyan Syahroni is valid according to the law. Even though the formal requirements and the orderly administration of land registration do not necessarily make the sale and purchase invalid, because the sale and purchase is considered valid if it has fulfilled the requirements of cash, light, and real based on customary law and the panel of judges has been correct in deciding the party entitled to the disputed land based on the publication system of land registration in Indonesia, namely a negative publication system that contains positive elements where because the heirs of Alm. Sopyan Syahroni could prove that they were the rightful landowners, Rudi Sanjaya and H. Toat as the last landowners lost their rights despite having bought in good faith.
TINDAK PIDANA DENGAN SENGAJA MEMILIKI BARANG ORANG LAIN BUKAN KARENA KEJAHATAN (STUDI PUTUSAN NOMOR 197/PID.B/2020/PN.BKS) : Criminal Offence Of Deliberately Owning Other People's Goods Not Because Of Crime (Study Of Rulling Number 197/Pid.B/2020/Pn.Bks) Raden Mas Diaz Ihsanul Mahendra; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18923

Abstract

The defendant Aryo Hendarto offered to help Setiawan witness to bring cassette containing money and then the key was given by the witness, after that the defendant opened the cassette with pen and then took a sum of Rp.14,500,000, the defendant had repeatedly taken PT. SSI money with total Rp. 95,000,000,. Study Decision with the main problem Is the actions of the perpetrator of Crime deliberately owning other people's goods not because the crime is appropriate Based on Article 362 of Criminal Code? How the conviction of the perpetrator of criminal appropriate based on Criminal Code? This research conducted normative juridical manner with analytically descriptive and conclusions with deductive nature. Based on the analysis, it concluded 1) application and elements of criminal act not belong based on article 362 of Criminal Code. 2) the conviction of the perpetrator of criminal act only 1 year in prison because in article 372 of the Criminal Code is minimal 4 years prison. The results is in article 372 Jo Article 64 paragraph (1) of the Criminal Code with a maximum of 4 years in prison and because the defendant committed criminal act with a smatter, namely criminal act that continues.
PEMBERIAN WASIAT WAJIBAH TERHADAP ANAK TIRI MENURUT HUKUM WARIS ISLAM INDONESIA (STUDI PUTUSAN NOMOR 1581/PDT.G/2020/PA.PBR) : Granting A Mandatory Will For Step Children According To Indonesian Islamic Heritage Law (Study Ruling Number 1581/Pdt.g/2020/Pa.Pbr) Ivan Aldwin Pasaribu; Khairani Bakri
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18925

Abstract

Islamic Inheritance Law as regulated in the Al-Quran and Hadith as well as the Compilation of Islamic Law determines that the heirs who inherit are the husband or wife left behind, children, parents and siblings. A stepchild is a child bor.n as a result of a marriage between one husband or wife and the previous wife or husband. Pekanbaru Religious Court Decision No. 1581/Pdt.G/2020/PA.Pbr states that stepchildren receive a mandatory will. So, the formulation of the problem in this research is whether a mandatory will can be given to stepchildren according to Indonesian Islamic Inheritance Law and whether the judge's decision number 1581/Pdt/G/202/Pa/Pbr which gives a mandatory will to stepchildren is in accordance with inheritance law in Indonesia. The type of research used is descriptive normative research using secondary data where conclusions are drawn deductively. The results of the research explain that stepchildren do not receive a mandatory will, this is because it is not in accordance with Indonesian Islamic Inheritance Law and the judge's decision is contrary to Article 209 of the Compilation of Islamic Law.
- PENEGAKAN HUKUM BAGI APARATUR SIPIL NEGARA YANG MEMAKAI NARKOTIKA BERDASARKAN UNDANG-UNDANG NO. 5 TAHUN 2014 : - Muhammad Akrom Fahmi; Wiratno
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18927

Abstract

The government committed to fighting drug abuse. Illicit trafficking and illicit or fraudulent drug consumption are not new in Indonesia. ASN has seen increase in cases of misappropriation or cheating of drug consumption lately. The problem in this research is how law enforcement can be applied to state Civil servants who carry out drug crimes and how is the process of dismissal of the state civil apparatus that stated to be credibly carrying out narcotics crimes based on personnel regulations stipulated by Act No. 5 of 2014 which discusses the State Civil apparatus and personnel regulations. This type of research is juridical normative, and nature descriptive, with conclusions made using deductive logic. The results showed that ASN, as prosecutor, could be sentenced to severe discipline in the direction of PP No. 53 of 2010 and dismissed not respectfully from his position by Act No. 5 of 2014. In the event of dismissal of an ASN that is not with due respect, the prosecutor can be proposed by the Deputy Attorney General supervision to the attorney general, and then, in the direction of PP No.20 of 2008, the attorney general determined and ruled the dismissal decision was not respectful.
TINJAUAN YURIDIS TINDAK PIDANA KESUSILAAN DI MUKA UMUM OLEH MILITER (PUTUSAN NO 07–K/PM.III-12/AD/I/2020) : Juridical Review of Criminal Acts of Public Decency by the Military (Decision No. 07-K/PM.III-12/AD/I/2020) Muhammad Haritza Ardeanny Kurniawan; Aprima Suar
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18928

Abstract

The crime of adultery committed by the military is tried using general criminal provisions because adultery carried out militarily, as in the case of Decision No. 07-K/PM.III-12/AD/I/2020. The formulation of the problem in question is are the actions of the defendant in the crime of adultery by Article 281 paragraph (1) of the Criminal Code or Article 284 paragraph (1) of the Criminal Code? (Decision No. 07-K/PM.III-12/AD/I/2020) and how is the punishment of the military for committing the crime of adultery? (Decision No. 07-K/PM.III-12/AD/I/2020). This research was conducted using normative juridical research type with descriptive-analytical nature with secondary data which was analyzed qualitatively, followingand a conclusion was drawn based on deductive logic. The results of the research show that the actions of the defendant are not in accordance with the provisions of Article 281 paragraph (1) of the Criminal Code because the actions of the perpetrator should be included in the Crime of Adultery based on Article 284 paragraph (1) to 2a of the Criminal Code and the punishment given to the perpetrator is not appropriate which the defendant should be declared free from all legal charges (Onslaag van Alle Recht Vervolging).
TINDAK PIDANA DENGAN SENGAJA DAN TERBUKA MELANGGAR KESUSILAAN DILAKUKAN OLEH MILITER (PUTUSAN NOMOR 62-K/PM. II-10/AD/XI/2021) : The Crime Of Willfully And Openly Violating Decency Committed By The Military (Verdict Number 62-K/Pm. II-10/Ad/XI/2021) Muhammad Faritza Ardeanny Kurniawan; Prastopo
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18929

Abstract

Every citizen, including members of the military, who commit criminal offenses will be processed in accordance with applicable regulations, including violations of military decency decided in Decision Number 62-K / PM. II-10/AD/XI/2021. One of the issues raised is: Does the defendant's actions fulfill the elements of the crime of decency as stipulated in Article 281 Paragraph (1) of the Criminal Code? and Was the conviction of the defendant based on the provisions of Article 281 Paragraph (1) that the criminal act of intentionally and openly violating decency was appropriate? This research uses normative legal research with descriptive analytical research type. Secondary data obtained from literature study is used for qualitative analysis, and conclusions are made using deductive logic. The results showed that the perpetrator did not commit the elements mentioned in Article 281 Paragraph (1), but the defendant committed a criminal offense that fulfilled the elements mentioned in Article 284 Paragraph (1) 2nd letter-a. The punishment of the defendant based on the provision that the criminal offense intentionally and openly violates decency is not in accordance with Article 281 Paragraph (1), but rather uses the provisions mentioned in Article 284.
STUDI TINDAK PIDANA KORUPSI MENGENAI PENYUAPAN DI KEMENTERIAN SOSIAL REPUBLIK INDONESIA: Study Of Corruption Crimes Regarding Bribery In The Ministry Of Social Republic Of Indonesia Indra Permana; Yenti Garnasih
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19027

Abstract

Corruption is extraordinary crime, carried out in a structured, systematic and massive manner, has a broad impact at the national and international levels, and the regulations are fairly special, namely outside the Criminal Code, and the impact causes material and immaterial losses to society. One of the cases involved an Indonesian government agency, namely the Indonesian Ministry of Social Affairs, carried out by the Indonesian Minister of Social Affairs who served in 2019-2020. The problem is whether the actions carried out by the perpetrator have complied with Article 5 of Law Number 20 of 2001. The research method was carried out normatively with the nature of the research using analytical descriptive, the type of data used was secondary data, qualitative data analysis and drawing conclusions based on the method deductive logic. The results and discussion are examining whether the application, of the article is appropriate or not and the form of inclusion of the perpetrator. The conclusion is that the perpetrator should not be charged with Article 5 of Law Number 20 of 2001 because one of the elements contained in that article is not fulfilled or has not been legally and convincingly proven according to the law.
STATUS TANAH YANG HILANG AKIBAT MELEBARNYA SEMPADAN SUNGAI BEKASI DITINJAU DARI PERATURAN DAERAH KABUPATEN BEKASI TAHUN 2011-2031 : Land Lost Due The Widening Of Bekasi River Borders From The Regional Regulations Of Bekasi District Year 2011-2031 Desyda Puspita Anggraini; Meta Indah Budhianti
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19051

Abstract

The land that the villagers lived on was simply lost due to the loss of land due to natural events. The problems is Regional Regulation Number 12 of 2011 concerning the Regional Spatial Plan of Bekasi Regency for 2011-2031, the efforts of the Regional Government to restore land rights lost due to the widening of the Bekasi river border. This research uses descriptive normative legal research methods, uses secondary data supported by primary data, and is studied qualitatively. The discussion that the status of land lost due to the widening of the Bekasi river border has been lost, the cause of which is the result of a natural phenomenon that makes the soil erode on the river border land. Local authorities can conduct additional research and address this issue in accordance with relevant laws. The study findings show that there are no regulatory provisions governing the status of lost land on riverbanks in Perda No. 12/2011 on the Bekasi District Spatial Plan 2011-2031. This means that efforts to recover lost land on riverbanks must be carried out in accordance with other regulations. The local government can help by developing policies to check and stop this problem from occurring further losses.
PEMUNGUTAN SUARA ULANG DALAM PEMILIHAN BUPATI KABUPATEN INDRAGIRI HULU PROVINSI RIAU (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PHP.BUP-XIX/2021): Re-voting in the regent election of Indragiri Hulu Regency, Riau Province (Study of Constitutional Court Decision Number 93/PHP.BUP-XIX/2021) Regina Zetia; Wiratno
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19062

Abstract

The Local Election in Indragiri Hulu Regency witnessed multiple infringements. Consequently, in line with Constitutional Court Decision No. 93/PHP.BUP-XIX/2021, a new election for regent and deputy regent is mandated. This study focuses on the grounds for requesting a recount in the election dispute for the Regent of Indragiri Hulu Regency and explores the legal implications of a re-vote as per Constitutional Decision No. 93/PHP.BUP-XIX/2021. Employing a normative legal research approach. Secondary data, gathered through a literature review, is qualitatively processed, and conclusions are drawn through deductive logic. Research findings reveal violations such as breaching PKPU provisions, manipulating the vote count recapitulation, failure to submit Model C notifications to the Election Supervisory Body, tampering with certain ballots, and the lack of neutrality by village heads violate Article 2 of Law No. 7 of 2017 concerning General Elections and Article 22E of the 1945 Constitution. This provides a substantial basis for implementing a recount in accordance with Constitutional Decision No. 93/PHP.BUP-XIX/2021.

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