cover
Contact Name
Ujang Hibar
Contact Email
ujanghibar93@gmail.com
Phone
+628122118876
Journal Mail Official
resjustitia@gmail.com
Editorial Address
Fakultas Hukum Jl. Raya Serang – Jakarta KM.3 No.1B (Pakupatan) Kota Serang Provinsi Banten
Location
Kota serang,
Banten
INDONESIA
Jurnal Res Justitia : Jurnal Ilmu Hukum
ISSN : 27748146     EISSN : 27748138     DOI : https://doi.org/10.46306/rj
Core Subject : Social,
Jurnal Res Justitia Adalah Jurnal Ilmiah Ilmu Hukum yang terbit secara daring pada bulan Januari dan Juli. untuk mempublikasikan hasil-hasil penelitian dalam bidang Ilmu Hukum dan berbagai Sub Ilmu atau Konsentrasinya
Arjuna Subject : Ilmu Sosial - Hukum
Articles 13 Documents
Search results for , issue "Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum" : 13 Documents clear
ANALISIS HUKUM TERHADAP PERAN PEMERINTAH DAERAH DALAM PENGADAAN TANAH BAGI PEMBANGUNAN Safiulloh Safiulloh; Aris Setyanto Pramono
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.19

Abstract

Land is a gift of God Almighty for the people, the nation and the State of Indonesia, which must be cultivated, utilized, and used for the greatest prosperity of the people. This article examines the land procurement oriented to the creation of legal certainty of land procurement for local government. Methods Research used normative research methods with statutory approach and analytical or conceptual approach. The results of research indicate that local government has the right and authority to arange and manage its own regional government affairs according to the principles of regional autonomy, especially in terms of land acquisition for the implementation of development for the public interest. However, the authority given to each local goverment, the application must be in synergy with the central government program. If the existence of local government cannot be separated from the central government
PERAN LEMBAGA PENJAMIN SIMPANAN TERHADAP SALDO UANG ELEKTRONIK PADA DOMPET ELEKTRONIK DANA Yuda Anrova; Albert Sembiring
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.20

Abstract

DANA is a technology for electronic wallet or e-wallet that is used for transactions without cash or cards but only with a user's start. That ease and effectiveness led to the high consumption of DANA. But lately electronic wallet users have concerns over the balance on their electronic wallets. Indonesian have Institution Lembaga Penjamin Simpanan (LPS) is regulated number 24 of 2004, it provides security and gives its customers confidence in existing systems and institutions. It is still a matter of whether LPS played a part in the transaction. The research aims to see the extent of LPS 'role in transactions in DANA applications. By using descriptive research methods of anaitis by using secondary data of legislation, previous research, and literature. The study shows that LPS has no role in the protection of public money that is kept in the application of DANA because legal regulations do not permit it. The LPS also have no intervention function in policy or financial transaction activities in the fund in DANA
Perlindungan Hukum Terhadap Kepemilikan Hak Atas Tanah Dalam Sistem Pertanahan di Indonesia Berdasarkan Perpres Nomor 36 Tahun 2005 Dan Perpres Nomor 65 Tahun 2006 Terhadap Pemilik Hak Atas Tanah Dalam Pengadaan Tanah Bagi Kepentingan Jalan Tol Yanti Kirana; Riska Arianti
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.23

Abstract

The implementation of land acquisition, both related to land acquisition for development purposes for toll roads, as well as land acquisition for private interests, always causes problems, especially in terms of compensation, due to the unpreparedness of the apparatus. The research method used in this research is normative juridical using the approach of legal history, sociology of law, legal politics, and philosophy of law. The data used is secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Qualitative data analysis in this study is a description of positive law and systematization of positive law. The results of this study are that, the implementation of forms of compensation according to the Presidential Regulation of the Republic of Indonesia Number 99 of 2014 concerning the Implementation of Land Procurement for Development in the Public Interest, in Article 1 number 2 that compensation is appropriate and fair to the parties entitled to the land acquisition process. Compensation value is carried out per plot of land, including: land, aboveground and underground space, buildings, plants, objects related to land, and other losses that can be assessed in the form of: money, replacement land, resettlement, share ownership and other forms agreed by both parties. The mechanism for the amount of compensation, the entitled party can file an objection to the local District Court within a maximum of 14 working days after signing the minutes of the results of the deliberation
KLAUSULA BAKU TENTANG PEMBERIAN KUASA DIHUBUNGKAN DENGAN HUKUM POSITIF Dika Ratu Marfu’atun
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.24

Abstract

Baku Clause is any rules or conditions and conditions that have been prepared and set in advance unilaterally by business actors as set forth in a document and / or agreement that is binding and must be fulfilled by consumers. In the creation of the standard clause there are conditions that aim to provide protection to consumers and prohibit the unilateral granting of power from consumers to business actors. Some laws and regulations governing the granting of power of attorney in the standard callusula, one of which is Article 1792 of the Civil Code, Article 18 of UUPK and Article 22 of POJK Number: 1/POJK.07/2013 on Consumer Protection of the Financial Services Sector. The type of research used is normative juridical research conducted by examining library materials or secondary data that include primary legal materials, secondary legal materials and tertiary legal materials so as to obtain an overview of the standard clauses about power of attorney associated with positive law. The results showed that the granting of power is an agreement, namely the agreement of both parties. The agreement is said to be valid if it meets the conditions in accordance with Article 1320 of the Civil Code, namely agreeing, conversing, a certain thing and a halal cause, but it should not conflict with the laws and regulations namely Article 18 paragraph (1) letter d of Law No. 8 of 1999 on Consumer Protection.
ASPEK HUKUM TINDAK KEKERASAN TERHADAP PESERTA DIDIK OLEH PENDIDIK DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM PIDANA ISLAM Kriswanto Kriswanto
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.25

Abstract

Structural violence is systemic and invisible violence, but destructively breeds extreme, widespread and long-term poverty, death and suffering for children. Structural violence, often referred to as system abuse,  can be corrupt practices, collusion and nepotism (KKN), repressive control,  monopolistic  and  exploitative economic practices that harm the state, and in turn create socioeconomic conditions that give birth to and nourish the roots of poverty and social violence against children. One of the portraits of structural violence is child and woman trafficking. They are generally traded for employment in illegal and dangerous places, such as in wild mining, nightlife and prostitution. The problem of the lack of efficiency of various laws (uu) and presidential decrees (Keppres) is as a guarantor of the implementation of child protection assigned in the regulation has no role, and only revolves around cases and penalties, so that interested parties do not receive their rights reasonably. If it already exists then the authorities provide protection against cases of receiving child abuse treatment is actually implemented, then there is no longer any reason for the authorities to protect the party not to carry out its human obligations. This research is done by building a theory that refers to the provisions of the laws and regulations, the opinions of legal experts written in books or scientific journals of legal science. In the research, it also takes the opinion of practitioners, both those who are state apparatus, law enforcement and legal practitioners who are known to be consistently within the scope of criminal law. The research specification is descriptive analytical because the study will reveal and analyze the legal symptoms that exist at this time. In this study described various problems and facts related to reform and criminal law policy.
Rivalitas Suami Istri Dalam Kontestasi Pemilihan Kepala Desa Achmad Nashrudin P; Enjum Jumhana
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.26

Abstract

The election of the Village Head (Pilkades) is a democratic phenomenon that has been a tradition since colonial times (Muis, 2006). As a phenomenon, the journey has been long enough until the reign of Joko Widodo period 2. The practice of democracy, requiring deliberation for consensus, based on the belief in family and gotong royong aimed at welfare that contains religious elements, based on truth, love and noble ethics and upholding the principles of democracy is equality, freedom, and pluralism. This paper aims to look at the background of the contestation of husband and wife in pilkades, its influence on the quality of democracy and the quality of political participation of rural communities. Using qualitative methods through phenomenological approaches and descriptive analysis, the results of the analysis, obtained the results of the analysis, that the opportunity to serve more than 2 times as Village Head in accordance with Law No. 6 of 2014 on Villages and the prohibition of single candidates, as well as the will to rule more than 2 times became the main reason husband and wife conducted a "fake" rivalry. Rivalries that ostensibly promote equality, equality and gender bias, undermine and degrade the value of democracy itself
TINDAK PIDANA KORUPSI DITINJAU DARI HAM DI INDONESIA Irwan Sapta Putra
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.27

Abstract

This study discusses the problem of corruption related to human rights violations that exist in Indonesia, Human Rights are a set of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gift that must be respected, upheld and protected by state, law, government, and everyone for the sake of honor and protection of human dignity. Eradication of Corruption Crimes carried out by the Corruption Eradication Commission (KPK) is currently being intensively carried out by the KPK, this can be seen from electronic media news, both printed and online. From this news, we can see together that the KPK has never stopped carrying out its duties in eradicating corruption in Indonesia. Even though many perpetrators of corruption have been arrested by the KPK, this does not necessarily eliminate the crime of corruption, even though every year there are criminals who are arrested by the KPK. The arrests of perpetrators of criminal acts of corruption by the Corruption Eradication Commission, ranging from high-ranking state officials such as the Minister and Chairman of the DPR RI to law enforcers (police, prosecutors, judges and advocates) as well as regional officials such as governors, mayors and regents and DPRD members also did not escape the arrests. by the KPK. The crime of corruption is a crime that can be categorized as a crime of gross human rights violation because the impact caused by these criminal acts can disrupt the country's economy and also hinder the development of the country and even these crimes can also disrupt the world economy
PEMBERANTASAN MAFIA TANAH DENGAN MENGGUNAKAN ISTRUMEN HUKUM PIDANA DI INDONESIA Yunawati Karlina; Irwan Sapta Putra
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.28

Abstract

Recently, the people of Indonesia were shocked by the news about a top artist Nirina Zubir who had become a victim of the land mafia, as a result, she had to lose her parents' land assets, which was estimated at Rp. 17,000,000,000 (seventeen billion rupiah).  Law enforcement, in this case the Indonesian National Police, has taken a quick and precise step in exposing the crime that happened to the victim of the artist Nirina Zubir  by arresting the perpetrators of the land mafia consisting of his assistants and a notary / PPT who helped multiply the land rights and houses belonging to the artist's parents.   With the rise of land mafia crimes, the question arises how to overcome the land mafia crimes and what are the right steps to eradicate the land mafia. For this reason, this study discusses issues related to eradicating land mafia using criminal law instruments.  The research method in this study uses a statutory approach, a historical approach, and a case approach. While the Type of Research This research is normative legal research. Sources of data in this study using primary, secondary and tertiary data sources. Data collection techniques by means of document/library studies, data analysis is carried out by qualitative juridical methods.  Eradication of land mafia by using criminal law instruments is currently the right method because it can quickly uncover land mafia crimes, we can see this from the disclosure of cases experienced by the meaning of Nirina Zubir  where the police have determined the suspects for the land mafia, but in the future it is necessary to take systematic and organized steps so that the land mafia crime can be eradicated by cooperating with law enforcement agencies and the ministry of ART and related ministries and high state institutions and also requires strict supervision and in the future it is necessary to form a statutory regulation which specifically regulates crimes related to the land mafia
DIMENSI HUKUM TANGGUNG JAWAB NEGARA TERHADAP LINGKUNGAN DAN ALAM Faturohman Faturohman; Asnawi Asnawi
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.29

Abstract

In the environmental management system, it is known that the State has power over natural resources. This principle means that the State through the government is authorized to regulate, control and develop all matters relating to environmental management. Article 8 paragraphs (1) and (2) of the Environmental Management Act. The purpose of the research is the protection and management of the environment to determine the State's responsibility in law enforcement against violations of the environment and nature. This research is a normative juridical research with a statutory approach and a case approach. This research uses secondary data, which consists of secondary legal materials and tertiary legal materials. From the results of the study, it was concluded that the certainty of law enforcement is the government's responsibility for environmental and natural violations
PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA MENYERANG KEHORMATAN SUSILA: Studi Putusan Nomor 641/Pid.B/2021/PN.Tjk Valen Nababan; Baharudin Baharudin; Anggalana Anggalana
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.30

Abstract

The crime of decency is similar to the criminal act of attacking the honor of immorality that occurs in the tanjungkarang district court rules area, is the impact of children's freedom in association or even mistakes in associating in the community. The problem in this writing is how the accountability of criminals attacks the honor of immorality based on Verdict number 641 / Pid.B / 2021 / PN.Tjk and what are the basis of the judge's consideration in handing down the verdict against the perpetrator of the criminal act of attacking immoral honor in accordance with the figure of Verdict 641 / Pid.B / 2021 / PN.Tjk. The approach method used in this study is a normative juridical approach and a reality approach. Data collection according to literature studies and field studies, while data processing is done using methods of editing, classification and systematization of data, then analyzed using qualitative descriptive analysis. In accordance with what will happen, it will be seen that the accountability of criminals to attack moral honor in accordance with Verdict number 641 / Pid.B / 2021 / PN.Tjk which is declared valid and convincingly proven as guilty in the single indictment in Article 286 with imprisonment for 4 (four) years. Furthermore, the basis of the judge's consideration on handing down the verdict against the perpetrators of criminal acts attacks the honor of immorality based on Verdict number 641 / Pid.B / 2021 / PN.Tjk consists of several juridical and non juridical aspects. The juridical aspects are the prosecution's demands and indictments, the sense of evidence, and the information of the rules revealed during the trial examination process. The advice in this study is that parents should be supervised on the behavior of their children, especially from the adverse consequences of association in the environment of their home area, so as to minimize the occurrence of criminal acts committed by the child

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