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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).
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "vol 7 no 2 (2024)" : 6 Documents clear
Penegakan Hukum Tindak Pidana Perundungan Atau Bullying Yang Dilakukan Oleh Anak Di Polres Singkawang Hendradi, Hiznu Octo; Fajrin, M; Hazilina, Hazilina
Res Judicata Vol 7 No 2 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i2.9245

Abstract

Abstract Several cases of bullying have recently gone viral after being recorded on camera and spreading in the community. These cases involve children bullying each other, this phenomenon is also influenced by increased social media exposure. Underage perpetrators often face significant social stigmatization, including exclusion from society, verbal abuse, and serious psychological impacts. Therefore, it is important to consider the necessary protections for children who are victims. This study aims to find out how law enforcement against victims of criminal acts of bullying committed by children in the Singkawang City Police and to find out what are the supporting and inhibiting factors in the criminal law enforcement process against the crime of bullying. This research uses an empirical legal research method with a qualitative approach. Data was collected through in-depth interviews with relevant sources and studies of related legal products. The results of the study show that the form of law enforcement against victims of bullying crimes committed by children at the Singkawang City Police is diversion with restorative justice, which is resolving cases in a peaceful and familial way through deliberation. If the victim still takes steps that this case must be processed legally, then the Singkawang Police will conduct an investigation and investigation into the report received. Supporting and inhibiting factors in the criminal law enforcement process against criminal acts of bullying or bullying committed at the Singkawang Police Station are internal and external factors. Internal factors that affect are the availability of personnel both in terms of quantity and quality as well as the availability of facilities and infrastructure. Meanwhile, external factors that affect are regulations or legal provisions and the community in responding to bullying acts. Keywords: Bullying, Law Enforcement, Bullying.
Peran Dinas Pemberdayaan Perempuan Dan Perlindungan Anak Dalam Menanggulangi Perkawinan Anak Di Kota Pontianak Kharista, Marisa; Hazilina, Hazilina; Febriany, Tri Atika
Res Judicata Vol 7 No 2 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i2.9246

Abstract

This study aims to identify and analyze the role of the Office of Women's Empowerment and Child Protection (DP3A) of Pontianak City in addressing child marriage. Child marriage remains a concerning social issue due to its negative impact on children's rights, education, and future, especially for girls. In Pontianak, major contributing factors include economic conditions, cultural norms, and lack of awareness regarding the importance of education. This research employs an empirical method with data collected through interviews, observation, and documentation. The findings reveal that DP3A has implemented various strategies such as community and school outreach, education on the harmful effects of child marriage, assistance for victims, and collaboration with related institutions. Despite strong commitment, program implementation faces several challenges, including limited human and financial resources, as well as low public participation. Therefore, cross-sector collaboration and increased community awareness are essential to achieve more effective and sustainable efforts in preventing child marriage. Keywords: DP3A, child marriage, Pontianak, government role, child protection
Pemblokiran Akses Kredit Akibat Keterlambatan Pelunasan PayLater Dahlia, Selli; Hazilina, Hazilina; Kurniawan, Heru Yudi
Res Judicata Vol 7 No 2 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i2.9248

Abstract

Abstract Fintech companies introduced the Paylater feature, a payment technology with the concept of paying in installments without using a credit card. Paylater is an alternative payment method with an online installment system that does not require a credit card. Paylater from the Traveloka application is one of the financial services supervised by the Financial Services Authority. This research uses a normative law writing method. The data collection used in this study is library research. The data sources used are primary law, secondary law and tertiary law, as well as data collection techniques using legal materials collection techniques such as laws and regulations, doctrines from experts, and online data searches. The results of the study refer to the impact of the delay in completing Paylater on the Traveloka application. The conclusion obtained is that the impact and settlement of the delay that has been approved the terms and conditions are the fines received by the account owner, the loan cost score has decreased, and will be collected by Traveloka. Paying late fines and fees, restricting access using PayLater, getting a declining credit score that can make it difficult for account owners to get loans at banks or other funding companies, these settlements are useful for a deterrent effect for account owners. Keywords: Paylater Traveloka, Transactions, BI-Checking Blacklist.
Tindak Pidana Penipuan Dengan Modus Menjanjikan Kelulusan Anggota TNI (Studi Kasus Putusan No. 37-K/PM.I-05/AD/VIII/2024) Amanda, Nadia Pradita; Anshari, Ashari; Kurniawan, Heru Yudi
Res Judicata Vol 7 No 2 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i2.9250

Abstract

This study is motivated by the increasing number of fraud crimes involving the modus operandi of promising guaranteed acceptance into the Indonesian National Armed Forces (TNI) recruitment process, as exemplified in Court Decision No. 37-K/PM.I-05/AD/VIII/2024. The purpose of this research is to conduct a juridical analysis of such fraud and to examine the judge’s legal considerations in adjudicating the case. The research employs a descriptive-analytical method aimed at systematically presenting the legal facts in the decision and analyzing them based on applicable legal norms. A normative legal research type is used, focusing on the provisions of Article 378 of the Indonesian Criminal Code (KUHP) in conjunction with Article 55 paragraph (1) KUHP, while also reviewing the application of these criminal elements in the military court’s ruling. Data were analyzed qualitatively by describing the application of criminal elements, assessing the judge’s legal reasoning, and connecting them with principles of justice and relevant legal theories. The findings indicate that fraud by promising acceptance into the TNI fulfills the elements of Article 378 KUHP. The panel of judges considered key aspects such as malicious intent, the financial loss suffered by the victim, and the broader social impact of the defendants’ actions, although the ruling is still subject to discussion regarding its reflection of substantive justice. Keywords: Fraud Crime, Judge Consideration, Military Court.
Pembagian Harta Bersama Paska Perceraian Melalui Proses Mediasi Di Pengadilan Agama Kelas 1A Pontianak Harumalina, Okta Dasa; Hazilina, Hazilina; Lestari, Nina Niken
Res Judicata Vol 7 No 2 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i2.9251

Abstract

The division of joint assets after divorce is an issue that often causes disputes between former spouses, considering the importance of justice and balance in the distribution of assets acquired during the marriage. This study aims to assess the effectiveness of the mediation process in the Pontianak Class 1A Religious Court as an alternative solution for resolving disputes over the division of joint assets post-divorce. Mediation is chosen for its ability to reduce prolonged conflicts, save costs, and expedite dispute resolution compared to formal judicial processes. The research method used is a qualitative approach with data collection techniques through in-depth interviews and document analysis. The results of the study indicate that the mediation strategies applied include comprehensive case analysis covering legal, factual, and psychological aspects; building trust and empathy through effective communication; a collaborative approach that prioritizes cooperation between parties; providing accurate legal information to ensure fairness; managing emotions and conflicts to prevent escalation; and drafting agreements that are sustainable and can be well implemented. Evaluation of the mediation process is also conducted to identify areas for improvement and ensure increased effectiveness in the future. Thus, mediation at the Pontianak Class 1A Religious Court has proven to be an effective mechanism in resolving disputes over the division of joint assets post-divorce, providing fair, sustainable, and satisfactory solutions for the parties involved. Keywords: Division of Joint Assets, Divorce, Mediation.
Studi Pengadaan Barang dan Jasa Pemerintahan Berbasis Elektronik (E-procurement) Dalam Mewujudkan Tata Kelola Pemerintahan Yang Baik di Kabupaten Kubu Raya Putra, Prihantana; Amiruddin, Denie; Febriany, Tri Atika
Res Judicata Vol 7 No 2 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i2.9252

Abstract

This research aims to determine and describe Electronic-Based Government Procurement of Goods and Services (E-procurement) in Realizing Good Governance in Kubu Raya Regency. This research uses sociological or empirical legal research, where the data required is primary data, namely data obtained directly from the first source, namely community behavior and secondary data consisting of primary legal material, secondary legal material and tertiary legal material. The research results show that the procurement of goods and services through E-Procurement in Kubu Raya Regency has been carried out quite well and is in accordance with the seven 7 (seven) principles of Good Governance and 12 (twelve) Tender stages as contained in the Procurement General Overview Information Book Government Goods/Services, the Role of PBJ in National Development.pdf of 2020 and Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods/Services. Keywords: Procurement of Goods and Services, E-Procurement, Good Governance.

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