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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 2 (2024): Reformasi Hukum Trisakti" : 40 Documents clear
Indonesia ANALISIS KOMPARASI PROSEDUR PELAKSANAAN HUKUMAN MATI INDONESIA DAN THAILAND: Comparative Analysis Of Death Penalty Implementation Procedures In Indonesia And Thailand Calvino Endryan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19226

Abstract

In Indonesia, the death penalty is carried out by an execution team, following regulations outlined in Presidential Decree No. 2 of 1964 on the Execution Procedure of the Death Penalty by General and Military Courts, and National Police Chief Decree No. 12 of 2010 on the Implementation Procedure of the Death Penalty. In contrast, Thailand administers the death penalty through lethal injection, based on the Thai Penal Code B.E. 2499, 1956. The formulation of this research problem is the similarities and differences in the implementation of the death penalty in Indonesia and Thailand, and the weaknesses and strengths of the implementation of the death penalty in Indonesia and Thailand. The research was carried out using a normative juridical research method, using secondary data which collected data through literature study and qualitative analysis. The research results show that the death penalty regulations in Indonesia and Thailand have similarities and differences. Similarities include procedures before carrying out an execution and differences regarding the execution. And the research results illustrate the weaknesses and strengths of the implementation of the death penalty between Indonesia and Thailand which can be used as an evaluation for the two countries.
Analisis Putusan Nomor 18.Pid.B/2022/PN_Gst Tentang Tindak Pidana Penganiayaan Yang Menyebabkan Luka Berat : Analysis Of Decision Number 18.Pid.B/2022/PN_Gst Concerning The Criminal Act Of Torture Which Causes Serious Injury Febriolla fransiska sepuwarini; Eriyantouw Wahid
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19246

Abstract

The offence of significant injury is a violation of human life, constituting an act that contravenes the law, as exemplified by the case of severe abuse in decision Number 18.Pid.B/2022/PN_Gst in this instance, the assailant perpertrated sever abuse on the victim by inflicting a stab wound to the victim’s abdomen using a knife, which has the potential to be fatal. The author’s problem is to determine if acts of abuse resulting in severe injuries can be classifiend as attrempted murder according to Article 338 in conjunction with Article 53 paragraph 1 of the Criminal Code?. This study uses descriptive analysis, a normative research method. Using literature findings are as follows: (1) The defendant’s conduct do not satisfy the requirements outlined in article 338, in connection with article 53, of the criminal code. (2) Criminal penalties are not imposed in case decision number 18.Pid.B/2021/PN_Gst employs a punishment theory that encompasses four primary objectives: detterent effect, education, rehabilitation, and social control. For this situation, the appropriate legal provision to addres the criminal act of causing severe bodily harm is Article 351, paragraph 2 of the criminal code.
ANALISIS KEADILAN RESTORATIF DALAM TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA GOLONGAN I (PUTUSAN NOMOR 1129/PID.SUS/2021/PN.JKT.UTR): Analysis Of Restorative Justice In Criminal Act Of Narcotics Abuse Group I (Decision Number 1129/Pid.Sus/2021/Pn.Jkt.Utr) Aprillia Tiara Yunita; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19482

Abstract

The process of resolving criminal cases involving narcotics abuse through rehabilitation is implemented based on the principles of restorative justice, taking into consideration judicial principles such as cost-effectiveness, simplicity, speed. Narcotics abuse is considered a criminal offense requiring specialized handling. This research centers around the application of Restorative Justice in Criminal Cases of Narcotics Abuse in Group I, in accordance with the Narcotics Law. This study adopts a normative research approach utilizing secondary data. The nature of the research is descriptive, with qualitative data analysis and conclusions drawn through deductive reasoning. The research findings reveal that, despite the mandate for rehabilitation stipulated in Law Number 35 of 2009 concerning Narcotics, the practical implementation often deviates from legal provisions. The conclusion is based on Decision Number 1129/Pid.Sus/2021/PN.Jkt.Utr, the Panel of Judges was expected to adjudicate the Defendant for Drug Abuse, thereby warranting their provision of medical treatment, care, and rehabilitation within designated medical and/or social rehabilitation facilities.
- Analisis Pasal 338 Jo Pasal 53 Ayat (1) KUHP dalam Putusan 596/PiD.B/2022/PN.Btm Tentang Penganiayaan: - Erza Nabira; Sutrisno
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19501

Abstract

The punishment for the criminal offense of the application of Article 338 jo. Article 53 paragraph (1) of the Criminal Code committed by the defendant Putra Susanto bin Satiman, is based on the sanctions imposed by the judge on the defendant who committed the crime of attempted murder. The formulation of the problem in this article is whether the application of Article 338 jo. Article 53 paragraph (1) of the Criminal Code against the perpetrator of the crime of persecution in Decision Number 596/Pid.B/2022/PN Btm is appropriate or not? And whether the imposition of imprisonment for 7 (seven) years in Decision Number 596/Pid.B/2022/PN Btm is appropriate with the purpose of punishment. This research method uses a normative juridical research type that is descriptive analytical, using secondary data obtained through literature studies and processed qualitatively and then drawing conclusions in a deductive manner. The results that The application of Article 338 jo. Article 53 paragraph (1) of the Criminal Code was not appropriate because the defendant's actions did not constitute the crime of attempted murder, but rather persecution. In conclusion, the application of Article 338 jo. 53 paragraph (1) of the Criminal Code in Decision Number 596/Pid.B/2022/PN Btm is not appropriate.
A, THE ANALISIS TERHADAP NILAI KEBARUAN DESAIN INDUSTRI BABYBATHUB BERDASARKAN UNDANG - UNDANG NOMOR 31 TAHUN 2000 TENTANG DESAIN INDUSTRI (Studi Putusan Nomor 5/Pdt-Sus/HKI/Desain/2019/PN Sby): ANALISIS TERHADAP NILAI KEBARUAN DESAIN INDUSTRI BABYBATHUB BERDASARKAN UNDANG - UNDANG NOMOR 31 TAHUN 2000 TENTANG DESAIN INDUSTRI Muhammad Danang Puruhita; Aline Gratika Nugraharani
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19504

Abstract

In Case No. 5/Pdt-Sus/HKI/Desain/2019/PN Sby there was a dispute between the owner of the industrial design certificate that there were parties who objected to the industrial design of the Baby Bathub tub owned by the defendant. The Baby Bathub industrial design is considered a public domain industrial design by the plaintiff. The formulation of the problem in this study is how an industrial design can be said to be a novelty value whether the consideration of the Directorate General of Intellectual Property Rights in granting the application for registration of the Baby Bathub Industrial Design is in accordance with Law No. 31 of 2000 concerning Industrial Design. This research method is normative research with descriptive research nature, using primary and secondary data. by using qualitative analysis accompanied by data conclusions using deductive logic. The results of the research show that adianta tanudirjo as the defendant is considered innocent and does not violate Law No. 31 of 2000 concerning Industrial Design. The conclusion of disputes regarding the novelty value of industrial design Bathtub owned by adianta tanudirjo is not an industrial design owned by the public (Public Domain) but already has the value of novelty (Novelty).
TINDAK PIDANA PENGANIAYAAN YANG DIRENCANAKAN MENGAKIBATKAN LUKA BERAT: The Planned Criminal Act of Assault Resulted in Serious Injury Daffa Fauzan Wanutama; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19507

Abstract

There have been cases of abuse that resulted in serious injuries to the victim, a stabbing that effects the chest can cause death and this act carried out with prior planning by the defendant Andes with took a pair of scissors from inside his house then chased the victim and stabbed him with the scissors. Through a case study of Decision No. 236/Pid.B/2020/PN Tbk, then the problem formulation that the author can put forward in the research, namely whether the perpetrator of the criminal act of abuse was commited planned to cause serious injury is appropriate based on Article 351 paragraph (2) Criminal Code. This research uses a normative juridical type of research analytical descriptive, using types of secondary data obtained through study literature and processed qualitatively then draw conclusions deductively. The research concludes that the perpetrator's act of planned maltreatment causing serious injury isn't suitable under Article 351 paragraph (2) of the Criminal Code. Given the premeditation involved, Article 353 paragraph (2) of the Criminal Code is more fitting. The conclusion is that the verdict's punishment imposition is inappropriate.
- ANALISIS PENYERTAAN PELAKU TINDAK PIDANA JUDI TOGEL ONLINE : - Jozevin Elizabeth; Ermania Widjajanti
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19532

Abstract

Propels within the world of data and innovation have given birth to a better approach of betting, specifically online betting. This new method gives rise to numerous troubles in revealing a web betting case, both to decide the culprit of online betting and to decide the put and time of the occurrence as well as legitimate obligation for the culprit of online betting. The detailing of the issue is what frame the culprit of the criminal act of online lottery betting takes. The inquire about strategy was carried out normatively with the nature of the inquire about utilizing expository expressiveness, the sort of information utilized was auxiliary information, subjective information investigation and conclusion drawing based on the deductive rationale strategy. The comes about of the inquire about and talk are the reality that individuals working closely together to carry out unlawful acts is the foremost critical angle, and it is conceivable that typically the greatest portion of being a portion of carrying out these acts. In this case, the shape of support utilized is the individual who took portion in carrying out the activity. The conclusion is Participation in this scenario will take the form of a Participating Person (Medepleger).
Pemidanaan Terhadap Tindak Pidana Penipuan (Studi Putusan No. 1096/Pid.Sus/2020/PN Jkt.Brt): Criminalization of the Crime of Fraud (Study Decision Number 1096/Pid.Sus/2020/PN Jkt.Brt) Adinda Putri Elin; Ermania Widjajanti
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19533

Abstract

Based on the Public Agency for Statistics, during Covid 19, Crime in Indonesia increased, the highest number of crimes in Metro Jaya was 5,115 incidents. One of them is in Decision No. 1096/Pidsus/PN Jkt.Brt, the judge charged the defendant with Article 372 of the Criminal Code on Embezzlement, but the elements were not fulfilled. The formulation of the problem of this article is how the suitability of the Sanctions imposed by the Judge's Decision is appropriate in (Study of Decision No. 1096/pid.sus/2020/PN Jkt.Brt) and how the suitability of Criminal Sanctions on the Perpetrator of the Crime of Fraud is in accordance with the objectives of punishment (Study of Decision No. 1096/Pid.sus/2020/PN Jkt.Brt). This research method uses normative juridical research which is descriptive analytical in nature, using secondary data obtained through literature studies and processed qualitatively and then drawing conclusions in a deductive manner. The results of the discussion of the defendant did not fulfill the elements of Article 372 of the Criminal Code and the punishment used retributive theory. The conclusion is that there is a discrepancy with the punishment imposed by the judge and the imposition of criminal sanctions is in accordance with the purpose of punishment.
IMPLEMENTASI PENATAAN ASET DAN PENATAAN AKSES DI KELURAHAN TONGOLE KOTA TERNATE: Asset Reform and Access Reform Implementation on Tongole Sub-district Ternate City Marcel Ridho Juniarto; Endang Pandamdari
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19546

Abstract

Implementing agrarian reform activities in the Ternate City Land Office requires a careful balance between asset reform activities and access reform activities in order to create justice in the distribution and utilization of land resources. the formulation of the problem in this article is how the conformity of Asset Arrangement and Access Arrangement of the Agrarian Reform program in Tongole Village, Ternate City with Presidential Regulation No. 86 of 2018? and what are the obstacles faced in the implementation of Asset Arrangement and Access Arrangement in Tongole Village, Ternate City. This research method uses a normative juridical research type that is analytically descriptive, using secondary data types obtained through literature studies and processed qualitatively and then drawing conclusions in a deductive way.  The results of the discussion show that there is an urgent need to improve the implementation of asset management capacity and access management in Tongole Village, Ternate City in accordance with Presidential Regulation Number 86 of 2018. The conclusion is that there are still problems in asset management and access management in Tongole Village, Ternate City. These challenges are in direct conflict with Presidential Decree 86/2018.
PENEGAKAN HUKUM KEIMIGRASIAN TERHADAP WARGA NEGARA ASING ASAL MYANMAR DALAM PEMALSUAN PEMBUATAN PASPOR BERDASAR STATUS CONFIRMATION : Enforcement Of Immigration Laws Against Foreign Citizens Of Myanmar For Forgery Producing Passports Based On Confirmation Status Samuel Timoty; Tri Sulistyowati
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19547

Abstract

Immigration crime in the form of providing false information in terms of efforts to apply for the manufacture of travel documents of the Republic of Indonesia (Passport). The formulation of the problem is how the occurrence of immigration crimes committed by foreign nationals from Myanmar in making Indonesian passports, and whether the Immigration Law Enforcement of Myanmar foreign nationals contained in Decision Number 361/Pid.Sus/2022/PN.Dum is in accordance with Law Number 6 of 2011 concerning Immigration. The type of research used in answering these problems uses normative juridical legal research, descriptive in nature, the data used is secondary data, and primary data as secondary data support which is analyzed qualitatively and how to draw conclusions using deductive logic. The result is the investigation process by the Immigration PPNS, and is subject to criminal sanctions by the Dumai District Court as contained in Article 126 letter C of Law Number 6 of 2011 concerning Immigration for 5 months imprisonment, and a fine of Rp 100,000,000.00 in lieu of imprisonment for 2 months. In conclusion, the occurrence of Immigration Crimes in the form of providing false data information. the acts committed have the content of imprisonment sanctions, and fines.

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