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"Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti"
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<![CDATA[- PERANAN PEMERINTAH KOTA TANGERANG SELATAN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP FAKIR MISKIN: - ]]>
<![CDATA[Dimas Agung Sugeng Hariyadi]]>;
<![CDATA[Ninuk Wijiningsih]]>
<![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.v5i2.15862
<![CDATA[Law Number 13 of 2011 on the Handling of the destitute governs how the destitute are handled in Indonesia. The research question: does the South Tangerang City Government's responsibility in providing legal protection to the underprivileged according Law Number 13 of 2011, and what challenges does the South Tangerang City Government encounter in doing so. This research is deductive to draw conclusions from qualitatively evaluated normative legal data. According to the findings of the study and debate, the South Tangerang City Government plays a crucial role in assisting and carrying out Law Number 13 of 2011 about Handling the Poor, which establishes the legal protection of the Poor. City Social Service, in its implementation there have been many policies and programs that can help provide legal protection to the poor, there are still obstacles in its implementation. In conclusion, the TangSel City Government is related to legal protection for the poor by channeling assistance such as social cash assistance (BST) distributed directly to people who are recorded by the TangSel City Social Service, obstacles such as the lack of outreach to the community related to assistance being given, but the TangSel City Government is preparing solutions such as increasing outreach.]]>
<![CDATA[- Analisis Yuridis Terhadap Saksi Korban Dibawah Umur Yang Disumpah Dalam Kasus Tindak Pidana Pencabulan (Studi Kasus Putusan Nomor 1162/Pid.B/2021/PN.Bdg) ]]>
<![CDATA[Nada Samyra]]>;
<![CDATA[Setiyono]]>
<![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.v5i2.16011
<![CDATA[According to the requirements of the Criminal Procedure Code (KUHAP), a kid under the age of 15 is not allowed to provide testimony as a witness who has been sworn in, making it impossible for the judge to review, consider, and decide on a criminal case using this testimony as legitimate evidence. The judge's considerations that classify a minor as a victim-witness who offers testimony under oath are against the Criminal Procedure Code, and thus phrasing of the issue is whether the statement from a minor can be characterized as valid evidence. Research methodology: a style of standardizing legal inquiry employing optional information as necessary and supplementary evidence. This information is provided subjectively and comes to light at the conclusion. The outcomes of the research show that there are violations of law that result in minors being declared incapable of being legal evidence. Discussion: because of that the legal considerations given by the panel of judges were inappropriate because judges did not need to swear underage children in giving testimony at trial. The conclusion of this study is that giving an oath to a minor and not the only witness involved in the case is an act that violates the Criminal Procedure Code.]]>
<![CDATA[GANTI KERUGIAN TANAH MILIK IVANNA SULISTIO THIO SESUAI TAHAP PELAKSANAAN PENGADAAN TANAH ]]>
<![CDATA[Muhammad Arsy Revaldy]]>;
<![CDATA[Intan Nevia cahyana]]>
<![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.v5i2.16270
<![CDATA[Ivanna Sulistio Thio has filed a protest regarding the incompatibility of compensation for the administration of land acquisition in the province of East Kalimantan. The area of land that has been given compensation is only 842 m2, whereas the area of land used for land acquisition is 5428 m2. The problem posed in this study is whether Ivanna Sulistio Thio should receive compensation for her land tenure in accordance with the Land Acquisition Implementation Stage based on Law Number 2 of 2012 and whether the Samarinda District Court's decision, Number 28/Pdt.G/2018/PN Smr, is in accordance with that law regarding land acquisition for development in the public Interest. The research method uses descriptive research that is normative, research data collection uses library research, data is analyzed using qualitative methods, drawing conclusions using deductive logic. The results of the research and discussion are that the value of compensation given by the executor of land acquisition is not in accordance with the principle of justice. The conclusion of the research is that the compensation given by the executor is not in accordance with the principles of land acquisition.]]>
<![CDATA[- Pelaksanaan Prinsip Kehati-hatian Bank Permata Dalam Pemberian Kredit ]]>
<![CDATA[Abdill Hannandi]]>;
<![CDATA[Dinda Keumala]]>
<![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.v5i2.16271
<![CDATA[As in the case of the judgement no. 435.Pid.Sus/2020/PT. DKI between Bank Permata and the company's debtor and the debtor's negligence in meeting his payment obligations, banks are required to apply the precautionary principle when conducting credit activities. The issue is whether Bank Permata adhered to the precautionary principle when providing credit to businesses that were debtors in the case of decision no. 435/Pid.Sus/2020/PT.DKI and whether the judge's considerations were compliant with banking law laws. The research is normative juridical in nature, descriptive, and involves data through literature review, qualitative analysis, and deductive conclusion. Research findings, and discussion; Bank Permata in providing credit approval to debtors does not fully use the precautionary principle such as inaccuracies in 5C analysis, does not verify documents and field checks. In the decision at the appeal level, banking regulations such as Bank Indonesia Regulation number 14/27/PBI/2012 concerning the Application of Anti-Money Laundering and Prevention of Terrorism Funding Programs for Commercial Banks are not considered by the judge at the High Court. The conclusion is that Bank Permata did not carry out a thorough 5C analysis and also did not verify documents, physical checks at the debtor's business location, and trade checking procedures for PT. MJPL.]]>
<![CDATA[UPAYA HUKUM TERHADAP ILLEGAL FISHING KAPAL PENANGKAP IKAN VIETNAM DI ZEEI ]]>
<![CDATA[Amandha Budhy Adhywidya]]>;
<![CDATA[Anto Ismu Budianto]]>
<![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.v5i2.16272
<![CDATA[Indonesia is a coastal nation with a 3,000,000 km2 EEZ that is rich in both biological and non-biological resources. Vietnamese fisherman are among those who engage in illegal fishing within the EEZ, or more specifically within the North Natuna Sea. How do fishing zones in Indonesia's Exclusive Economic Zone (EEZ) get regulated by the government, and what legal measures is the Indonesian government taking to deal with Vietnamese fishing vessels engaging in unlawful fishing in the North Natuna Sea? The research uses deductive in character, descriptive in nature, uses secondary data sources, qualitative data analysis, and is based on library research. The study's findings showed that starting in May 2021 to February 2022 as many as 75 Vietnamese fishing vessels carried out illegal fishing in the North Natuna Sea. The discussion in this study describes efforts to settle the EEZ boundary between Indonesia and Vietnam in the North Natuna Sea region based on Indonesian national law and UNCLOS. The conclusion in this study is that the Government of Indonesia is obliged to hasten the completion of the EEZ boundary between Indonesia and Vietnam based on the applicable provisions and equip the Indonesian navy with advanced technology and/or more adequate weapons.]]>
<![CDATA[- Alasan Poligami Dan Persyaratan Izin Poligami Menurut Hukum Keluarga Islam Indonesia : - ]]>
<![CDATA[Amanda Odelia]]>;
<![CDATA[Khairani Bakri]]>
<![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.v5i2.16274
<![CDATA[Polygamy is a marital principle in which a man has 2 or more wives. Because marriage law in Indonesia adheres to the principle of monogamy, polygamy can be implemented if the polygamy requirements are met in Article 5 of the Marriage Law. The subject matter studied, what is the reason for polygamy according to Indonesian Family Law? The research method used in this writing is normative, the nature of the research is descriptive, the data used are secondary data by means of literature studies, qualitative data analysis, and deductive conclusions Article 4 Paragraph (2) of the Jo. Marriage Law Article 41 Letter a PP No. 9 of 1975 concerning the Implementation of the Jo. Marriage Law Article 57 of the Compilation of Islamic Law regulates the reasons for polygamy allowed in Indonesia. The rules regarding polygamy permit requirements are contained in Article 5 of the Jo. Marriage Law Article 55 and Article 58 of the Compilation of Islamic Law. The conclusion of this study is that the reasons for polygamy and the conditions for polygamy permits are two things that must be met, in terms of applying for polygamy permits in accordance with existing laws and regulations. Verdict No. 5174/Pdt.G/2021/Pa.JT meets the requirements of polygamy permits. However, the judge did not consider the reasons for polygamy contained in Article 4 Paragraph 2 of the Marriage Law.]]>
<![CDATA[- ASPEK HUKUM PEMBAGIAN WARIS ALM. SAMIR MENURUT HUKUM WARIS ISLAM INDONESIA ]]>
<![CDATA[Ni Made Ananda Puteri Maharani]]>;
<![CDATA[Khairani Bakri]]>
<![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.v5i2.16276
<![CDATA[The transfer of property from the right of the heir to the heir is known as inheritance. When inheritance is divided, it causes issues in society. Problem statement: Whether or not Ruling No. 519/Pdt. G/2019/PA.TR complies with Indonesian Islamic Inheritance Law with regard to the legal features of Alm. Samir bin Haji Sain's inheritance distribution under Indonesian Islamic Law. The research method used normative research to examine the fundamentals of Islamic inheritance law. Descriptive research methodology is used. Secondary data sources are consulted in this study. The findings of this investigation and discussion relate to legal facets of inheritance distribution for the deceased. Samir Bin Haji Sain includes the following in accordance with Indonesian Islamic Inheritance Law: Samir Bin Haji Sain includes the share of siblings, more than one wife and the obligatory will and the suitability of Decision Number 519/Pdt. G/2019/PA.TR with Indonesian Islamic Inheritance Law, including determining siblings to inherit, determining the share of 2 wives and children out of wedlock. The conclusion of this article: the legal aspects involved in this case: the part of the brother, the obligatory will, the share of more than one wife. Decision no 519/Pdt. G/2019/PA.TR judges are not in accordance with Indonesian Islamic inheritance law, which originates from the Al-Qur'an, Hadith and Presidential Instruction (Inpres) Number 1 of 1991 concerning Compilation of Islamic Law.]]>
<![CDATA[PENGATURAN DAN PRINSIP TANGGUNG JAWAB PENGANGKUT TERHADAP KORBAN KECELAKAAN PESAWAT UDARA: ]]>
<![CDATA[Rayhan Fadhillah]]>;
<![CDATA[Sri Bakti Yunari]]>
<![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.v5i2.16278
<![CDATA[As an airline, Sriwijaya Air is obligated to provide the security, safety, and comfort of travelers. The aircraft being used during flying operations must be in a flyable state. near this sense, on January 9, 2021, a Sriwijaya Air airliner crashed near the Thousand Islands, killing all 62 aboard the aircraft - passengers and crew combined. Problem statement: Based on Law No. 1 of 2009 Concerning Aviation, what are the fundamentals of carrier duty for passengers in private air transport law, and how is carrier responsibility for victims in the Sriwijaya Air plane accident in the Thousand Islands regulated? descriptive normative research design employing both primary and secondary data, analyzed qualitatively and deductive methods for drawing conclusions. The results of the research and discussion show that the regulations that can be applied are Article 141 paragraph (1) of Law no. 1 concerning Aviation explains that the carrier must be responsible for losses suffered by passengers on board and/or getting on and off the aircraft and the principle of carrier responsibility that is applied is the principle of presumption of liability. Conclusion The carrier must pay for losses suffered by passengers, namely Rp. 1,250,000,000]]>
<![CDATA[- TANGGUNG JAWAB PELAKU USAHA ATAS PRODUK PANGAN TIDAK LAYAK JUAL : - ]]>
<![CDATA[Anggi Suci Winarti]]>;
<![CDATA[Dian Purnamasari]]>
<![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.v5i2.16402
<![CDATA[Many people who work in the food industry exchange items like expired foods that are unfit for sale. the formulation of the issue surrounding the potential sanctions for the sale of expired food items at Hj. Asni's Assorted Spice Shop and the enforcement of a ruling in the case by the panel of judges at both the initial and appellate levels. Secondary and primary data are mentioned as a complement to the normative research-based research methodology. The research is descriptive in nature and uses the deductive approach to generate findings. The findings of the study and debate, namely the action of putting out-of-date food from the box onto the shelf, by a former employee of Hj. Asni, although Hj. Asni has given directions so that the product is suitable and has an expiry date separated, so in conclusion, Hj. Asni is still being held accountable for the negligence in monitoring the expired food products under his supervision (product liability) as well as the consideration of the Panel of Judges at the Jayapura District Court in the case of Hj. Asni in Decision Number 77/Pid.Sus/2017/PN.Jap is appropriate where the provisions of Article 8 paragraph (3) UUPK are cumulative and all elements must be proven, while the cassation decision granting the cassation request is only to fulfill a sense of justice and provide legal certainty considering this act is a repeated act.]]>
<![CDATA[- PERTANGGUNGJAWABAN PELAKSANA TUGAS DIREKSI ATAS PERJANJIAN BISNIS REFERRAL ASURANSI : - ]]>
<![CDATA[Ilma Zhafirah Albar]]>;
<![CDATA[Arif Wicaksana]]>
<![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.v5i2.16411
<![CDATA[There could still be a vacancy on the Board of Directors while it fulfills its obligations and functions. The Acting Director (Plt.) of the Board of Directors is the member of the Board of Directors who fills in for absent Board members. All decisions made by the members of the Board of Directors he replaces may be made by the Acting Board of Directors. How to assess the agreements between the Plt. Board of Directors in a Limited Liability Company in UUPT and the Plt. Board of Directors on the liabilities of PT AJTM is how the issue is formulated. Normative research, which is descriptive and analytical and is based on secondary data, is the research methodology. It is qualitative analysis. namely real behavior and conclusions are drawn deductively. The results of the research and discussion illustrate that Plt. The Board of Directors is only implicitly regulated in the Company Law because their role is basically the same as the Board of Directors. Responsibility for the legal relationship that has existed between PT AJTM and third parties cannot be suspended to members of the board of directors individually, because the cooperation agreement made by a legal entity is carried out on behalf of the Company itself as a legal entity, not on behalf of individuals. In this case it can be concluded that a third party can sue PT AJTM for their rights if they have not been fulfilled.]]>
