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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 829 Documents
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PENEGAKAN HUKUM TERHADAP KAPAL TANKER FREYA BERDASARKAN KONVENSI HUKUM LAUT 1982 Dhimas Prima Thufeil; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16822

Abstract

Foreign ships have the right of innocent passage and the right of transit passage through the territorial waters of an archipelagic state. This is regulated in the 1982 Law of the Sea Convention. The foreign tanker MT Freya, entered the Indonesian EEZ, traded oil illegally and polluted the environment. The formulation of the problem in this thesis is whether the entry of MT Freya into Indonesia's EEZ in Batam waters is contrary to the 1982 Sea Law Convention and how to proceed with the law against foreign ships that do not comply with the 1982 Sea Law Convention. The research method used is normative legal research, data collection through literature studies, qualitative data analysis using deductive methods and secondary data collection. The results of the research, discussion, and conclusions are: the MT Freya tanker has violated the 1982 Law of the Sea Convention concerning innocent passage rights, transit passage rights, and also regarding dumping.
- sanksi pidana penyalagunaan narkotika golongan 1 bukan tanaman untuk diri sendiri studi putusan 731/pid.sus/2021/pn jkt selatan: - Muhammad Isa Nurwahyu; I komang suka'arsana
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16823

Abstract

Drug abuse is when someone uses drugs not for medicinal purposes, but that person only wants to enjoy the effects of the ingredients of these drugs. The problem is: what are the criminal sanctions for drug abuse for oneself (study of decision number 731/pid.sus/jkt south)? and whether the criminal sanction imposed by the judge is in accordance with the purpose of punishment in the Narcotics Law (study of decision number 731/pid.sus/jkt Selatan)? This research is normative, The results of the research and the conclusion, that the defendant Anggi Affani alias Acil was caught red-handed with evidence of methamphetamine weighing 0.1724 grams. And subject to punishment in Article 112 paragraph (1) of the law on narcotics. So according to the author's analysis of Article 127 paragraph (3) it is very appropriate to be given to Anggi Affani alias acil Article 127 paragraph (3), in the case of the abuser as referred to in paragraph (1) the abuser is required to undergo medical rehabilitation and social rehabilitation. It is proved that the defendant Anggi Affani alias Acil is a narcotics abuser. Based on the Supreme Court circular letter No. 04 of 2010 evidence of methamphetamine below 1 gram meets the rehabilitation requirements.
- PENCEMARAN LAUT KAPAL MV EVER JUDGER PANAMA DI BALIKPAPAN BERDASARKAN MARPOL CONVENTION : - Alvin Wibisono; Ayu Nrangwesti
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16835

Abstract

The 2018 oil spill in Balikpapan began with a miscommunication by the Panama-flagged ship MV Ever Judger to drop the anchor, but the length of the anchor that was lowered exceeded the instructions, causing the anchor to damage the oil pipeline leading to Pertamina's oil processor. Damage to the pipeline caused an explosion, which killed several people. According to Indonesian law and court decisions, the ship, which is also the perpetrator, faces criminal charges for environmental pollution. The problem in this thesis is determining how to resolve the case of the ship MV Ever Judger, which caused an oil leak in Balikpapan based on the MARPOL Convention, and what the ship's captain is responsible for. The research method used is normative juridical, analytical descriptive, and deductive in nature. Thestudy's result, discussion andconclusion is the perpetrators were convicted under Indonesian legal jurisdiction and proven to have violated the MARPOL Convention. The perpetrators were punished under Indonesian criminal law in accordance with the MARPOL Convention, which states that violators must be punished in accordance with the laws of the country where the pollution occurred.
- Tinjauan Pidana Kesusilaan Dimuka Umum Yang Dilakukan Oleh Militer (Put. No. 110-k/PMT-K/BDG/AD/XI/2019) (Studi Putusan No.26/Pid.Sus/2021/PN Kph): - Azhari Halin Hutapea; Aprima Suar
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16836

Abstract

The military personnel of the TNI are subject to the law. Regarding the exercise of judicial authority, a military court must be used for the trial. In this instance, using military justice to construct of the personnel. The military personnel of the TNI is breaking the law. Problem statement: What is the penalty for military personnel who violate public decency laws? And why did the judge impose further military criminal sanctions on personnel who commit crimes against decency in public? Analytical descriptive in character, normative legal studies is the study methodology used. The study's findings, analysis, and conclusion, which pertain to Article 281 of the prosecutor's indictment against those who committed the crime of decency In this case, the prosecution is only seeking a sentence of seven months in prison since the defendant planned to receive that sentence, and the author believes that the Auditor made mistakes during the prosecution. The maximum prison term is 2 years and 8 months due to the requirement in Article 281, Paragraph 1 of the Criminal Code, and this decision is also in conformity with the provisions in STK Panglima TNI No. 198 of 2005 connected to decency.
PROGRAM LUMBUNG PANGAN (FOOD ESTATE) DI HUTAN INDONESIA MENURUT PARIS AGREEMENT Anfasa Isyam Derawan; Arlina Permanasari
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16939

Abstract

The Food and Agriculture Organization (FAO) thinks there will be a national food security crisis due to the Covid-19 pandemic. The Food Estate Program (FEP) is Indonesia's answer to this problem. The FEP uses vast forest lands and this will threaten Indonesia's contribution to climate change. Such programs can lead to deforestation. Indonesia's contribution in this regard is in two sectors, namely adaptation and mitigation. In the mitigation sector, forests are the main weapon in curbing climate change. Indonesia can violate the Paris Agreement where Indonesia has ratified the international agreement. The problem in this article is whether the forest utilization program as a Food Estate is in accordance with the NDC in the Paris Agreement? The method used in this article is a normative and descriptive legal research method, using secondary data and secondary legal materials, as well as using library research in collecting data. The results of the research, discussion and conclusions from this article are that the forest utilization program as a Food Estate is not in accordance with the NDC as stipulated in the Paris Agreement because it will have an impact on not fulfilling Indonesia's obligations to make a positive contribution to climate change.
TINDAK PIDANA PENCUCIAN UANG SEBAGAI FOLLOW UP CRIME DARI TINDAK PIDANA PERJUDIAN (STUDI PUTUSAN NO 40/PID.SUS/2020/PN.JKT.SEL) Putri Tari Septiani; Ermania Widjajanti
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15856

Abstract

Dirty money is a term used to describe money laundering. As is the case in the money laundering case committed by the defendants, specifically defendants I Muslimin, defendant II Kurnia, and defendant III Edi, the money was obtained through gaming and was laundered by receiving a transfer from Barta (DPO). Problem statement: Can the crime of money laundering in this instance be considered a continuation of gambling? and how may the offenders be punished criminally? Analytical descriptive research techniques are used in normative legal research. Due to the fact that they simply take pleasure in or get the proceeds of their crimes, Muslim criminals can be considered passive actors who engage in money laundering. The accused include passive actors who only accept transfers. that is, the crime of money laundering is a follow-up crime of gambling, imposing sanctions on the appropriate defendants, namely Article 5. The conclusion in the court decision in the statute was decided by using Article 10 Jo Article 3 Jo Pasal 2 ayat 1 letter t Law No. 8 year 2010, the defendants should have been dropped by Pasal 5.
_ PENDAFTARAN TANAH SISTEMATIS LENGKAP DI DESA LINGGASANA KECAMATAN CILIMUS KABUPATEN KUNINGAN: _ Mila Listiya Dewi; Meta Indah Budhianti
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.15860

Abstract

Kuningan is targeted in PTSL zone. In 2021, The Kuningan District Land Office has set a goal of 70,000 fields for PTSL. The issue is whether land registration through the PTSL program already implemented in Linggasana Village, Cilimus District, Kuningan Regency based on the ATR/Ka.BPN Ministerial Regulation No. 6 of 2018 about PTSL, and what the challenges in implementation. The type of research is descriptive analytic study, normative law is applied, and secondary data is the sort of data used. The research result is analyzed by qualitative and examined by a deductive perspective. As a research and observation result, it has been determined that Linggasana Village's PTSL implementation is experiencing obstacles due to some of people did not want to participate in PTSL. The conclusion is the PTSL Program in Linggasana Village, Cilimus District, Kuningan Regency still has obstacles and it is decrease the performance of the land office in implementing the PTSL Program.
PEMERIKSAAN KASUS PIDANA PEMBUNUHAN BERENCANA YANG TIDAK DIDAMPINGI PENASEHAT HUKUM TINGKAT PENYIDIKAN Shela; Abdul Fickar Hadjar
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16273

Abstract

The Criminal Procedure Code (KJUHAP) contains an obligation if a suspect or defendant commits a crime which carries a threat of 5 years, the official at the examination must appoint a legal adviser, but in Decision Number 929/Pid.B/2021/PN.MKS there is still investigators who do not carry out the provisions of the obligation regarding the appointment of legal advisers. The formulation of the problem in this study is the legal consequence of examining a defendant who committed the crime of premeditated murder who was not accompanied by a legal adviser at the investigative level and whether the judge's consideration of not being accompanied was in accordance with Article 56 paragraph (1) of the Criminal Procedure Code. This research is normative juridical using secondary and primary data, qualitative data analysis and deductive conclusions. The results of the research and discussion show that the investigators did not carry out their obligations by presenting legal counsel for the Defendant and the judge's considerations were inconsistent with Article 56 paragraph (1) and the judge did not see any jurisprudence related to the absence of legal counsel for the Defendant.
- Perlindungan Konsumen atas Pemberlakuan Penggunaan Ulang Nomor Pelanggan menurut Undang-Undang Perlindungan Konsumen: - Helmy Rajendra Inzaghi; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16275

Abstract

Reusing Customer Numbers is a topic that is quite hotly discussed by the public. The public considers that reusing customer numbers is detrimental to consumers, especially if the old cell phone number user has a track record that is not good in using the number. The formulation of the problem is how is the government's policy in enforcing the reuse of customer numbers and how do consumers get their rights restored for losses suffered as a result of reusing customer numbers according to UUPK. This article is a normative research, descriptive in nature, and uses secondary and primary data as research supporting data, using qualitative analysis which also draws deductive conclusions. The results: the government in its policy and authority as a regulator issued the Minister of Communication and Informatics Regulation Number 14 of 2018 concerning the Basic National Telecommunications Technical Plan. Based on the discussion, this regulation has binding legal force because it is in accordance with the statutory hierarchy, the author also finds that in enforcing the re-use of customer's own numbers, there is no resolution of complaints related to the use of own cellular numbers. Conclusion: consumers' rights to comfort and safety have not been fulfilled.
TANGGUNG JAWAB BRI ATAS HILANGNYA DANA SIMPANAN NASABAH BERDASARKAN PERATURAN PERBANKAN Jami Allaidin; Suci Lestari
Reformasi Hukum Trisakti Vol 3 No 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i1.10181

Abstract

According to Decision Number 211/Pid.sus/2020/PN.Jmb, BRI employee Tumbi Partimbo Pati, who worked as a representative in Abunjani Sipin, Jambi City, defrauded BRI consumers. The phrasing of the issue is whether the decision has applied BRI's responsibility towards consumers based on banking regulations and if BRI's notion of liability for fraud is based on bank secrecy requirements and the Financial Services Authority. The research approach is normative, descriptive in character, uses secondary data, analyzes qualitative data, and relies on deductive reasoning to reach findings. According to the study's findings, analysis, and conclusion, BRI's notion of responsibility for fraud is based on rules governing bank secrecy and the Financial Services Authority, and the bank is not liable for client losses brought on by negligence by the customer himself not maintaining the secrecy of his ATM PIN but customers can request compensation from perpetrators who commit fraud. the fraud and implementation of BRI's responsibility verdict towards customers based on banking regulations, the bank is not criminally responsible but the person who committed the act is convicted, the bank bears the actions of its employees who commit fraud by giving administrative sanctions from the Financial Services Authority based article 52 the Banking Law.

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