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Res Judicata
Published by Universitas Muhammadiyah Pontianak
ISSN : 26221888     EISSN : 26211602     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Res Judicata ialah Jurnal Ilmiah Program Studi Hukum, Universitas Muhammadiyah Pontianak. Res Judicata terbit secara berkala 2 (dua) kali dalam satu tahun, pada bulan Juni dan Oktober. Res Judicata merupakan sarana publikasi hasil riset di bidang Hukum yang memiliki kontribusi bagi pembaharuan, perkembangan ilmu pengetahuan serta praktik di bidang hukum. ISSN : 2621-1602 (media online) ISSN : 2622-1888 (media cetak).
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Articles 7 Documents
 1 
Search results for , issue "vol 7 no 1 (2024)" : 7 Documents clear
Upaya Kepolisian Dalam Menanggulangi Tindak Pidana Penyalahgunaan Narkotika Di Wilayah Kabupaten Sambas Dewi, Anugerah; Anshari, Ashari; Lestari, Nina Niken
Res Judicata Vol 7 No 1 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i1.9110

Abstract

The advancement of time brings more complex challenges, including the circulation of narcotics. Narcotics abuse has become an increasingly serious issue in many areas of Indonesia. This phenomenon occurs not only in major cities but also in regions such as Sambas Regency. This research aims to examine the efforts made by the police to combat narcotics abuse in the Sambas Regency area and to identify the obstacles faced by the police in tackling narcotics abuse. This study uses a qualitative approach with descriptive analysis, utilizing primary data obtained through direct interviews and secondary data gathered from literature sources. The results of this study indicate that the police efforts in combating narcotics abuse in Sambas Regency include pre-emptive, preventive, repressive actions, as well as rehabilitation and guidance. The obstacles faced by the police include internal challenges such as limited personnel, inadequate facilities and infrastructure, difficulty in obtaining strong physical evidence, and challenges in legal proof. External factors from the environment and society include limited public information and participation, environmental influences, geographical factors, and uneven dissemination of education and outreach programs.
Kesadaran Hukum Pendaftaran Merek Pada Pelaku Usaha Mikro & Kecil Di Kecamatan Tanah Pinoh Kabupaten Melawi Riswana, Irma Fitri; Febriany, Tri Atika; Kurniawan, Heru Yudi
Res Judicata Vol 7 No 1 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i1.9111

Abstract

This research aims to analyze the level of legal awareness and the obstacles faced by Micro and Small Enterprises (UMK) in the trademark registration process in Tanah Pinoh District, Melawi Regency. In an increasingly competitive global market, protecting intellectual property, particularly trademarks, is crucial to ensuring product identity and market competitiveness. However, many UMK actors are unaware of the legal importance of trademark registration, resulting in a lack of protection for their business assets. The study employs a juridical-empirical approach, with primary data obtained through interviews with UMK actors and related agencies, and secondary data from literature reviews. The findings reveal that low legal literacy, limited government outreach, and the perception that trademark registration is complicated and costly are major obstacles. Even when free registration programs are available, participation rates remain low.Trademarks serve not only as unique identifiers but also as legal safeguards that ensure business continuity and prevent infringement or duplication. Registration enhances product credibility and consumer trust. Therefore, more effective strategies are needed to raise awareness among UMK actors through sustained legal education, simplified administrative processes, and stronger regional government support. This research aims to inform policymakers in designing fairer and more inclusive intellectual property protection strategies for small-scale businesses.
Analisis Kesadaran Hukum Masyarakat Tionghoa Terhadap Pencatatan Perkawinan Di Kota Pontianak Okrasiansah, Aldi; Hazilina, Hazilina; Lestari, Nina Niken
Res Judicata Vol 7 No 1 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i1.9112

Abstract

Marriage Registration is very important in the legal system in Indonesia because it functions to provide certainty and legal protection for married couples and their children. However, in practice, not all Chinese people in Pontianak City prioritize ancestral customs and beliefs in carrying out marriages. This study aims to analyze the level of legal awareness of the Chinese community towards marriage registration and find out the legal impact if the marriage is not officially registered. The method used is empirical legal research with a qualitative approach. Primary data was obtained through questionnaires, interviews, and documentation, then analyzed descriptively. The results of the study show that although some Chinese people already understand the importance of marriage registration, there are still many who have not registered their marriages due to cultural reasons, processes that are considered complicated, and lack of socialization from the government. As a result, various legal problems arise such as unclear marital legal status, neglected civil rights of couples, and difficulties in taking care of documents needed by children. This research proposes the need for a collaborative approach between the government and customary/religious leaders in increasing legal awareness, as well as simplifying the registration administration process to make it more accessible to the public.
Analisis Penyimpangan Asas Itikad Baik Dalam Perjanjian Sewa Menyewa Kendaraan Di Kota Pontianak Kalimantan Barat Romadhon, Dimas Dzuhri; Soedagoeng, Gembongseto Hendro; Lestari, Nina Niken
Res Judicata Vol 7 No 1 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i1.9113

Abstract

Vehicle leasing agreements in Pontianak City, West Kalimantan often cause legal problems, especially in relation to deviations from the principle of good faith as stipulated in Article 1338 paragraph (3) of the Civil Code. This principle requires each party to the agreement to carry out obligations honestly, fairly, and in accordance with the norms of decency prevailing in the community. This research aims to identify concrete forms of deviation from the principle of good faith in the practice of vehicle leasing and analyze its legal impact on the relationship between business actors and consumers. This research uses an empirical method with a socio-legal approach, and data collection is carried out through interviews with vehicle rental business owners and consumers who have suffered losses. The results showed that deviations occurred at the stages before, during, and after the implementation of the agreement, with forms such as embezzlement of vehicles, use of vehicles for criminal acts, late returns, and dishonest utilization of contract concessions. These deviations cause financial losses, legal uncertainty, and decreased trust between parties. Therefore, it is necessary to increase legal awareness, formulate more detailed and firm contracts, and equal legal protection for both parties in order to enforce the principle of good faith in every vehicle rental transaction.
Pelaksanaan Pembinaan Narapidana di Rumah Tahanan Negara Klas IIB Sanggau Iriyani, Dita; Fajrin, M; Febriany, Tri Atika
Res Judicata Vol 7 No 1 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i1.9114

Abstract

This research aims to describe and analyze the implementation of prisoner guidance at the Class IIB Sanggau State Detention Center. The study was conducted using an empirical legal research method, supported by field observations and interviews with correctional officers and inmates. The research found that the guidance program is implemented based on the Correctional System as regulated in Law No. 12 of 1995 concerning Corrections and Government Regulation No. 31 of 1999 concerning the Development and Guidance of Inmates. The implementation focuses on moral, religious, and skill development to support the prisoners’ reintegration into society. However, the study also found that human resource limitations, insufficient facilities, and lack of training programs have affected the program’s effectiveness. Overall, the guidance process has been carried out in accordance with existing regulations but requires improvement in infrastructure and management to achieve optimal results.
Implementasi Rencana Pembangunan Jangka Menengah Desa Sebagai Kerangka Acuan Pembangunan Desa Setiawan, Rahmad; Amiruddin, Denie; Kurniawan, Heru Yudi; Febriany, Tri Atika
Res Judicata Vol 7 No 1 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i1.9118

Abstract

This study aims to determine how the process of determining the Village Medium-Term Development Plan in Sandai Kanan Village and Muara Jekak Village. In addition, this study also aims to determine the process of determining the Village Medium-Term Development Plan and the Implementation of Village Development in Sandai Kanan Village and Muara Jekak Village, Ketapang Regency. This research uses descriptive qualitative research, with data collection techniques through observation and interviews. The primary data sources in this study are the informant respondents Uti Fahrul, the secretary of the right sandai village and Andri Suandi, the secretary of the Muara Jekak village and supported by primary, secondary and tertiary legal materials. The results showed that in Sandai Kanan Village and Muara Jekak Village in the process of determining the RPJMDes 2017-2022 as stipulated in Law No. 6 of 2014 has been carried out quite well, this is confirmed by supporting data, namely PerDes on RPJMDes in both villages. Regarding the process of implementing development in Sandai Kanan Village, in particular, it does not run as it should, this is confirmed by the data obtained, namely the RPJMDes data in development is not implemented. As for Muara Jekak Village, the implementation process has been carried out in accordance with the data that has been obtained and corroborated by the results of interviews and observations by going directly to the field.
Analisis Putusan Pengadilan Negeri Pontianak Nomor : 1739 K/Pdt/2016 Mengenai Perusahaan Asuransi yang tidak Membayar Klaim secara Penuh Gustiani, Rosa; Febriany, Tri Atika; Lestari, Nina Niken
Res Judicata Vol 7 No 1 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i1.9119

Abstract

The high cost of medical care, including hospitalization, medication, and transportation, has led many people to choose health insurance to transfer some of the financial risks caused by the uncertainty of medical events. Risk in insurance is related to the possibility of financial loss. However, despite insurance agreements clearly outlining rights and obligations, insurance companies often fail to fulfill their responsibilities, as evidenced in the Supreme Court of Justice Decision Number 1739 K/Pdt/2016 regarding the rejection of a life insurance claim by PT. BNI LIFE INSURANCE. This study aims to analyze the legal consequences of discrepancies in claim payments and the factors that cause them. Using a sociological and descriptive legal research method, the study shows that disputes can be resolved through negotiation, arbitration, or litigation, depending on the terms of the insurance policy. The claim denial occurred due to the policyholder's dishonesty in disclosing their health condition during the policy registration, which violated the principles of transparency and honesty in insurance.

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