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"Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti"
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<![CDATA[PEMBELAJARAN DARING NEW NORMAL COVID-19 SESUAI KETENTUAN KESEJAHTERAAN ANAK DAERAH SUSAH AKSESBILITAS ]]>
<![CDATA[Atikah Dannah Lestari]]>;
<![CDATA[Wahyuni Retnowulandari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15036
<![CDATA[Children's rights under Law No. 4 of 1979, specifically the right to education, were not fully upheld in online learning during the Coronavirus Disease 2019 (Covid-19) period. The formulation of the issue highlighted in this study is how to comply with Law No. 4 of 1979's provisions on child welfare with relation to online learning during the new typical era of Covid-19, and what child welfare initiatives have been undertaken by the Regional Government? The type of data used in the descriptive analytical normative legal research approach is secondary data containing the results of interviews. This study was carried out in a qualitative analysis with deductive conclusions drawn. The results of the research and discussion show that the welfare of the children of SDN 003 Sabang Mawang in education has not been properly met due to various factors that hinder the fulfillment of children's rights, in this case parents, government and society are still trying to make efforts to fulfill children's welfare. The conclusion of this study is that during the new normal period of Covid-19 in areas where accessibility is difficult it requires special attention from the government in infrastructure regarding education.]]>
<![CDATA[ORGANISASI PAPUA MERDEKA SEBAGAI ORGANISASI TERORIS BERDASARKAN UNDANG-UNDANG NO 5 TAHUN 2018 ]]>
<![CDATA[Nafa Afrillia]]>;
<![CDATA[Ferry Edward]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15038
<![CDATA[The Free Papua group (OPM) was declared a terrorist group in accordance with Law Number 5 of 2018. OPM, on the other hand, is seen as a group of freedom fighters. Problem formulation: Is the Free Papua group (OPM) determined to be a terrorist group in accordance with Law No. 5 of 2018 and what are the legal repercussions of the Free Papua Organization (OPM)'s creation as a terrorist organization? The research method used is normative legal research and is analytically descriptive in nature, the data is processed qualitatively and conclusions are drawn using deductive logic. As for the research results, discussion and conclusions in the study; based on Article 1 number (3) in conjunction with Article 6 of Law no. 5 of 2018 concerning the Eradication of Acts of Terrorism, the government's designation of OPM as a terrorist organization is in accordance with applicable regulations. The legal consequences of the designation of OPM as a terrorist organization, the act of terrorism is a Criminal Act of Terrorism as stipulated in Article 5 of Law Number 5 of 2018.]]>
<![CDATA[TINDAK PIDANA PRAKTIK KEDOKTERAN TANPA IZIN PRAKTIK ]]>
<![CDATA[Winda Ayu Setyowati]]>;
<![CDATA[Norbert Tanto Harjadi]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15418
<![CDATA[A medical crime is a criminal act that violates medical ethics. Heny Desrityani engaged in fraudulent behavior, letter forgery, and illegal drug use. The question posed in this study is whether the defendant's activities are compliant with Articles 77 and 78 of Law No. 29 of 2004 and what other crimes the defendant may have committed. This research methodology was discovered through a literature review, and descriptive analysis was the type of research that was being done. The defendant used a doctor's degree and medical equipment and methods to commit a medical crime, according to the findings of the investigation and discussion. The defendant also committed fraud and letter forgery. Which resulted in the conclusion that the defendant was only subject to one article because there was the principle of Lex Specialis Derogat Legi Generali and in this case the sentence imposed was relatively light and not in accordance with the objectives of the existing punishment.]]>
<![CDATA[TINJAUAN YURIDIS SENGKETA KEPEMILIKAN MEREK SUPREME ]]>
<![CDATA[Ananda Putri Safira]]>;
<![CDATA[Elfrida Ratnawati Gultom]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15429
<![CDATA[The Law No. 20 of 2016 Concerning Marks and Geographical Indications, which addresses brands and geographical indications, regulates the strong relationship between marks and unfair competition. The formulation of the problem in this study is how to resolve disputes over ownership of the SUPREME brand according to Trademark Law and whether or not the Judge's decision in the dispute over ownership of the SUPREME brand, Central Jakarta Commercial Court Number 10/Pdt.Sus-Merek/2021/PN.Niaga.Jkt.Pst, is appropriate or not according to Trademark Law. Normative legislation underlies this research approach, which has the nature of analytical descriptive research, the object of research is disputes over ownership of the SUPREME brand, collecting data through literature studies, analyzing data using qualitative analysis methods, and drawing conclusions using deductive methods. The results of the research and discussion show that it is not in accordance with the existing provisions, the judge does not accept the plaintiff's request because the lawsuit has expired. The conclusion is that the owner of the registered mark or the licensee can file a lawsuit against another party with the principal similarities or in its entirety, the Judge's decision can be said to be erroneous and not in accordance with the applicable law.]]>
<![CDATA[PERLINDUNGAN HAK PEKERJA MIGRAN DALAM PIALA DUNIA FIFA DI QATAR 2022 ]]>
<![CDATA[Hadyan Aptadhia Falah]]>;
<![CDATA[Aji Wibowo]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15826
<![CDATA[Many issues have arisen during the construction of the stadium for the FIFA World Cup in Qatar in 2022. The study's characterization of the issue is the pay and death of migrant workers. The research approach uses normative legal analysis of qualitative data. According to research and discussion, migrant worker deaths frequently occur without clear investigation into the causes. Without a clear investigation into the causes of migrant worker deaths, the families of migrant workers who are left behind cannot get adequate compensation. the remuneration of migrant workers is also a problem that has not been resolved, even though Qatar has tried many solutions to overcome it, in practice, the right to wages is still often violated. The conclusion is that Qatar has violated the provisions of the Right to Life and the Right to Wages of migrant workers set out in Article 2 and Article 23 point (2) of the UDHR. Qatar is also negligent in carrying out its obligations as a state, by not protecting the rights of migrant workers, not investigating the deaths of migrant workers, and being unable to provide solutions to the deaths and wages of migrant workers.]]>
<![CDATA[Tindak Pidana Penganiayaan Terungkap Direncanakan Terlebih Dahulu Mengakibatkan Korban Luka-Luka (Studi Putusan PN Brebes Nomor: 57/ Pid.B /2020 / PN.BBs.).” ]]>
<![CDATA[Adde Pramana Putra]]>;
<![CDATA[Aprima Suar]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15827
<![CDATA[Based on how these actions affect the victims, material criminal law is applied to acts of persecution. The elements of the persecution offense that were broken will determine how the victim of the crime is punished. The issue is whether the criminal act of persecution in the case of Brebes District Court Decision No: 57/Pid.B/2020/PN.BBs., satisfies the criminal elements of Article 351 paragraph (1) of the Criminal Code, and how the criminal act of persecution in the case of the Brebes District Court Decision is subject to material criminal law. The research approach makes use of a particular sort of study, namely normative legal research, which has an analytical descriptive research nature. and the type of data used is secondary data, analyzed qualitatively to then draw conclusions deductively. The results of the research, discussion and conclusion are that the abuse committed by the Defendant against the Victims and concluded from witness statements, the confessions of the accused and from the results of the Visum Et Repertum, fulfill the criminal elements of Article 351 paragraph (1) of the Criminal Code. However, the application of the material criminal law by the Panel of Judges at the Brebes District Court was inappropriate, because the legal facts revealed at trial showed that the sickle used by the Defendant had been prepared beforehand, so that the application of material punishment to the case was a criminal act of premeditated persecution under Article 353 of the Criminal Code.]]>
<![CDATA[PERBANDINGAN HUKUM KETENTUAN PERKAWINAN POLIGAMI DI INDONESIA DAN MESIR ]]>
<![CDATA[Raka Haikal Anfasya]]>;
<![CDATA[Natasya Yunita Sugiastuti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15839
<![CDATA[According to Indonesian law, monogamy is the foundation of marriage, although this principle is not unbreakable but rather flexible. Marriage law sets forth strong guidelines and requirements for polygamous marriages in order to prevent violations of and injury to wives' rights and to generally safeguard women. This study compares the polygamy provisions based on Egyptian and Indonesian law to examine the polygamy issue. The research is normative, using secondary data, qualitative analysis, and deductive conclusion. Research findings: Indonesian law regarding polygamous marriages is more comprehensive and complex than Egyptian law. Here some characteristics of polygamous marriages: the husband asks permission to engage in polygamy from the court; there is an obligation of notification and permission from the first wife; a reason to practice polygamy; sanctions for parties who violate the provisions on polygamy. In conclusion, Muh.Irham's decision was proven to have abandoned Nurdiana because she remarried secretly and according to Article 45 (1) PP No.9 1975 Muh.Irham was threatened with a fine of Rp.7500. Meanwhile, Big Ramy was proven to have committed polygamy secretly and according to Article 23 Bis Law 100 of 1985 was threatened with imprisonment for 6 months and a fine of 200 (Two Hundred) Pounds.]]>
<![CDATA[- ASPEK GABUNGAN PIDANA TERHADAP PELAKU PEMERKOSAAN DAN KEPEMILIKAN SENJATA (PUTUSAN NOMOR 200/PID.SUS/2021/PN.TRG): - ]]>
<![CDATA[Mohammad Yofarrel]]>;
<![CDATA[Ermania Widjajanti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15849
<![CDATA[The defendant Cecep Sutarno was found guilty of being legally and conclusively proven to have committed the crime of rape as specified in Article 285 of the Criminal Code based on the "Decision of the Tenggarong District Court Number 200/Pid.Sus/2021/PN.Trg". In addition, the defendant broke Article 2 paragraph 1 of Emergency Law Number 12 of 1951. How is the combined crime of rape and having a stabbing weapon without a permit defined by the Criminal Code (research of Decision Number: 200/Pid.Sus/2021/PN.Trg)? is how the issue in this research is formulated. What about the penalties for those found guilty of rape and illegally carrying a knife (Decision Study Number 200/Pid.Sus/2021/PN.Trg)? The research method is a normative legal research that is descriptive-analytic in nature as well as secondary data types assisted by primary legal materials. Study through qualitative analysis with deductive conclusion. The results of the research and discussion are a combined form of crime committed by Cecep Sutarno in the form of Concursus Idealis with punishment given using Article 63 paragraph (1) of the Criminal Code. Conclusion: The combined form of the defendant's crime is concurrence of regulations or Concursus Idealis in accordance with the provisions of Article 63 paragraph (1) of the Criminal Code. The form of punishment in this case is to use the absorption penalty system.]]>
<![CDATA[ANALISIS YURIDIS PUTUSAN ULTRA PETITA TERHADAP PELAKU TINDAK PIDANA NARKOTIKA BERDASARKAN KUHAP ]]>
<![CDATA[Chelsy Tamara Siahaan]]>;
<![CDATA[Abdul Ficar Hadjar]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15857
<![CDATA[A judge's ruling is a part of the criminal justice system. Because the indictment serves as the foundation for assessing criminal cases, the judge's decision must be based on it. In actuality, judgments are frequently made without regard to indictments. What is the legal foundation for and ramifications of the ultra petita decision? The research methodology employs normative law, is descriptive analytical, relies on secondary data, uses qualitative data analysis, and draws findings using a deductive approach. The findings of the study and debate demonstrate that the cassation decision was erroneous since the judge did not base his decision on the public prosecutor's indictment, whereas the defendant was charged with using Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) letter a of Law no. 35 of 2009 concerning Narcotics. However, in the decision at the cassation level, the panel of judges decided to use Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics in which the Public Prosecutor did not indict that article. Decisions that exceed charges or ultra petita are prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code. Conclusion; then the ultra petita decision is prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code.]]>
<![CDATA[- “Pemidanaan Oleh Hakim Dalam Pencurian Pada Malam Hari Di Rumah (Putusan Nomor 638/ Pid. B/ 2020/ PN MRE)”: - ]]>
<![CDATA[Diastika Fajar Anggraeni]]>;
<![CDATA[Maria Silvya E. Wangga]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i2.15859
<![CDATA[Regarding nighttime stealing at home, decision number 638/Pid.B/2020/PN MRE was made. In Decision Number 638/Pid.B/2020/PN MRE, the issue is whether the author's actions are in accordance with Article 363 paragraphs (1), fourth and fifth, of the Criminal Code, and what sentencing guidelines the judge took into account when imposing a decision on the case. Legal research, which is descriptive analysis in nature, is the research methodology used. This study's findings and debate led to the development of sentencing recommendations and goals. The conclusion of this study is that the judge's judgment is asynchronous when employing the requirements of Article 363 paragraphs (1) 4 and 5 of the Criminal Code and sentencing standards that are considered by judges in applying criminal sanctions to perpetrators must be objective so that later the judge will fully fulfill the goals of security and justice. The conclusion of this study: the defendant's actions in this case do not meet the requirements of Article 363 paragraph (1) 5, but the requirements of Article 363 paragraph (2) of the Criminal Code and the sentencing guidelines used are evidence, legal facts, witness statements from victims, and statements from the accused. These sentencing guidelines have not yet been regulated in the Criminal Code and have only been found in the 2019 Draft Criminal Code.]]>
