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Ujang Hibar
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INDONESIA
Jurnal Res Justitia : Jurnal Ilmu Hukum
Published by Universitas Bina Bangsa
ISSN : 27748146     EISSN : 27748138     DOI : https://doi.org/10.46306/rj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
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Search results for , issue "Vol. 2 No. 2 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum" : 13 Documents clear
THE REGIONAL REPRESENTATIVE COUNCIL IN INDONESIA: A VIEW OF UNRESOLVED PROBLEMS Diya Ul Akmal
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (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.v2i2.34

Abstract

The Regional Representative Council in Indonesia was established as part of constitutional reform, and it is expected to be able to address current issues with regional aspirations absorption. The Regional Representative Council is still lacking in its presence as a State Institution after nearly 18 years of existence. This is due to the fact that Indonesia uses a Soft Bicameral System in the Legislative Chamber. The People's Representative Council wields more power in the Legislative process than the Regional Representative Council. This is evident from the Constitution's and other regulations' limited authority. It is critical to strengthen the Regional Representative Council's authority as a State Institution with equal standing to the People's Representative Council. Indeed, there is a double check on the draft law between the two Legislative Chambers under the Bicameral Concept. The goal is to achieve good legal formation. Furthermore, given the community's current social situation, it is necessary to monitor indigenous peoples' protection. The Regional Representative Council must be the first line of defense in the region, overseeing all aspects of life, including indigenous peoples
PERLUASAN MAKNA ZINA DALAM PASAL 417 RANCANGAN KUHP INDONESIA Mochamad Ramdhan Pratama
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (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.v2i2.36

Abstract

The Criminal Code of Dutch colonial heritage needs to be updated because Indonesia and the Netherlands have different characters and cultures. The discourse of overhaul, reform, revision, and even reform has become a long debate by criminal law experts to conform to the values of Indonesian society. The purpose of this study is to find out the Basic Determination of policies on the expansion of adultery and the values protected by the expansion of the Meaning of Zina in Article 417 of the Criminal Law Bill. This research is descriptive with normative juridical research types, using legal approaches and policy approaches. Data are collected through the study of literature, then analyzed qualitatively. This study shows that the basic determination of the policy of expanding adultery in Article 417 of the Criminal Law Bill is based on the perspective of criminal policy, the formulation of adultery in Article 284 of the Criminal Code is a problematic policy because the delik formula only criminalizes perpetrators who have been the same or one of them has been bound by marriage and does not criminalize those who are equally single. Meanwhile, the results of the second study show that the values protected by the expansion of the meaning of adultery in Article 417 of the Criminal Code are religious values, as well as moral values that are closely related to religion and the values of the Indonesian nation derived from Pancasila
TINJAUAN HUKUM PELAKSANAAN DAN PENGEMBANGAN SISTEM INFORMASI DESA (SID) DI KABUPATEN SERANG Muhamad Yusuf; Fatkhul Muin; Pipih Ludia Karsa; Diya Ul Akmal
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (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.v2i2.37

Abstract

The aim of this study was to figure out how the Village Information System in Serang Regency was implemented and developed. There are 326 villages in Serang Regency, all of which have access to the Village Information System. The issue is that village data is slow to update, resulting in recipients of village funds not being on target or having to double-check their information. This study used the legal empirical method with normative data analysis. The data used are primary data (Interviews and Observations) and secondary data (Legislation, Books, Journals, and relevant materials sourced from the Internet) which are then processed and narrated using words with scientific logic. According to the findings of this study, villages in Serang Regency still do not take advantage of existing information systems. The Regional Government of Serang Regency must issue regional legal regulations to define the implementation and development of the Village Information System. Furthermore, each village must prepare human resources so that the Village Information System can be implemented quantitatively and managed effectively
PROSTITUSI ONLINE DALAM PERSPEKTIF HUKUM PIDANA DI INDONESIA Faturohman Faturohman
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (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.v2i2.39

Abstract

The life of modern man today cannot be separated from the internet network. Because, the internet is a network system that can connect one device to another. The Internet cannot be separated from human life today, and almost all humans in parts of the world depend on the internet network. The existence of the Internet network has a positive impact, especially making it easier for someone to be able to access all kinds of needs. There is ease in making transactions using the internet network, it is actually used by criminals as a means to commit crimes, one of which is used as an online prostitution service. Technological and industrial advances that are the result of human culture in addition to bringing positive impacts, in the sense that they can be used for the benefit of mankind also have a negative impact on the development and civilization of human beings themselves. The negative impact in question is related to the world of evil. Prostitution is not a new problem. This problem of prostitution has existed for a long time and until now it still cannot be resolved. Prostitution is a serious matter that must get more attention by the public and the government. Prostitution in Indonesia is considered a crime against decency and is illegal and contrary to human rights. The practice of prostitution is an activity that should be stopped or prohibited because it is considered contrary to religious values and decency. Criminal law in Indonesia does not clearly prohibit the act of prostitution as a form of criminal act. Criminal law has not been able to cover this issue of prostitution. In the Criminal Code we can only find Articles that can ensnare muncikari only as stipulated in Article 296 of the Criminal Code and Article 506 of the Criminal Code
TINJAUAN YAYASAN PENDIDIKAN DITINJAU DARI SUDUT UNDANG-UNDANG TENTANG YAYASAN Mochamad Novel
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (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.v2i2.42

Abstract

This research focuses on the implementation of foundation based on Law No. 28 Year 2004 about Foundation. Foundation has a contribution to implement a specific object such a social, humanity, and religiousity, included the educational foundation.  This research is using normative  and sociological type of research, which means this study conceptualized as what is written in the legislation and its relation with the actual practice. Analysis of materials research is using qualitative methods in order to draw conclutions using deductive methods. This research shows that the foundation as a social institution can not be said as a business entity
PEMBATALAN OLEH HAKIM TERHADAP AKTA JUAL BELI YANG DIBUAT BERDASARKAN PENIPUAN (BEDROG) Hadi Haerul Hadi; Safiulloh Safiulloh
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (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.v2i2.43

Abstract

A covenant is not always made on the basis of a free agreement but rather it is possible that there is a defect of will in the agreement. Such will defects can occur due to coercion, oversight, and fraud in making agreements. In this study, we will discuss one of the three will defects, namely fraud. The formulation of the problem to be scrutinized by the author is fraud as a reason for the cancellation of the agreement and the result of the cancellation by the judge of the Deed of Sale and Purchase made on the basis of fraud by the judge for the parties. The research method used is normative juridical research by descriptive analytical data analysis and using data collection tools, namely secondary and primary data. In this thesis, it is concluded that fraud occurs if there is a deliberate element carried out by one of the parties, namely providing untrue information or facts, and against a lie alone is not enough for the existence of fraud but there must be a series of lies that in relation to one another constitute a gimmick, and have a causal relationship if there is no fraud,   then he could not possibly close the treaty. The legal consequence arising from the Deed of Sale and Purchase annulled by the Judge is that all circumstances must be returned to their original state when there has not been a legal action in the deed in question. So that the other party in the agreement who has already received the achievements of the other party is obliged to return it. Against the Deed of Sale and Purchase which is disputed by the judge, the Land Deed Making Officer will give a note to the Minuta Deed that the deed has been annulled by the Judgment of the Court or by attaching the Judgment of the Court to the Minuta Deed concerned. Finally, for the certificate that has been reversed, one of the parties will apply for cancellation of the certificate to the National Land Agency and then by the National Land Agency will be carried out to cross out and change the name of the owner of the land rights specified in the District Court Decision on the land books, but regarding the replacement of the certificate, there are no clear provisions
PERJANJIAN EKSTRADISI ANTARA INDONESIA DENGAN SINGAPURA DI TINJAU DARI HUKUM PIDANA Irwan Sapta Putra; Yunawati Karlina
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (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.v2i2.44

Abstract

The number of perpetrators of criminal acts in Indonesia who fled to other countries, especially to Singapore to avoid the entanglement of criminal law resulted in obstacles for Indonesian law enforcement officers to enforce the law against the perpetrators of these crimes. This study is to find out 1. What is the impact of the extradition treaty between Indonesia and Singapore on the perpetrators of criminal acts 2? To find out the contents of the extradition treaty between Indonesia and Singapore. This research method is normative legal research, where the author collects reading materials from books, magazine articles both printed and online, seminar papers, on extradition and legislation in the field of criminal law related to extradition. The nature of this research is descriptive, analyzes and examines, explains the extradition treaty between Indonesia and Singapore in terms of criminal law. Sources of data in this study using primary, secondary and tertiary data sources. Research Results a. The impact of the extradition agreement between Indonesia and Singapore on criminals is that it can narrow the space for criminals in Indonesia to escape. The reason is, Indonesia already has agreements with partner countries in the region including Malaysia, Thailand, the Philippines, Vietnam, Australia, the Republic of Korea, the People's Republic of China, and Hong Kong SAR, and also the perpetrators of criminal acts who fled to Singapore can be extradited to Indonesia by the government. Singapore following a request for extradition by the Indonesian government. b. The contents of the extradition agreement between Indonesia and Singapore according to this Extradition Agreement amount to 31 types, including criminal acts of corruption, money laundering, bribery, banking, narcotics, terrorism, and financing activities related to terrorism. Suggestion With the extradition agreement between Indonesia and Singapore which was signed on Tuesday, January 25, 2022 in the Bintan archipelago, which was attended by the president of Indonesia and the prime minister of Singapore, represented by the Indonesian minister of law and human rights, to follow up on this so that the DPR RI immediately ratify the extradition treaty by immediately ratifying it as a law so that it can be put into effect immediately
UJI MATERIIL PERATURAN PERMENKUMHAM NOMOR 1 TAHUN 2018 TENTANG PARALEGAL TERHADAP UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT Asnawi Asnawi; Arif Nurrohman
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (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.v2i2.45

Abstract

Legislation has a strategic role in the state of Indonesia, which is a state of law in running a country for the protection of human rights based on law. This is the basis of the state as well as a strategy to achieve the objectives as set out in the constitution. In the amendments to the Constitution, the two state institutions, namely the Supreme Court and the Constitutional Court, expressly authorizes the judicial review of legislation. In formulating the problem, it is to find out how the juridical review of the judicial review of the Regulation of the Minister of Law and Human Rights number 1 of 2018 concerning paralegals and how to consider the Supreme Court's decision on paralegals based on the decision Number 22 P / HUM / 2018. To find out the considerations in the decision of the Supreme Court Number 22 P/HUM/2018, this study aims to find out the regulation of the Minister of Law and Human Rights number 1 of 2018 concerning paralegals against law number 18 of 2003 regarding advocates. The method used in this research is the study research method, which is a study or study of a problem that has a specific nature, which can be carried out with quantitative or qualitative approaches based on individual goals. This research uses data tools in the form of document studies or library materials that are closely related to research. While the method used is a qualitative approach where this approach produces normative juridical legal writing research. The results of this study indicate that there are similarities in reasons as the basis for the cancellation of the Permenkumham. The Supreme Court has the authority to cancel the Regulation of the Minister of Law and Human Rights. However, the practice of canceling the Regulation of the Minister of Law and Human Rights is contrary to the Decree of the Minister of Home Affairs with the Act and the presidential government system
PRAKTIK POLITIK UANG DI KOTA SERANG PROVINSI BANTEN Liah Culiah; Agus Aan Dermawan
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (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.v2i2.46

Abstract

The Regional Head Election (Pilkada) of Serang City in 2018 is the third batch of simultaneous local elections held simultaneously throughout Indonesia. The problems of the 2018 Regional Head Elections in Serang City, leaving various obstacles and weaknesses. One of them is related to the phenomenon of money politics. The focus of this research examines the monitoring of money politics practices in the 2018 regional elections in Serang City. The results of this study attempt to describe the supervision of money politics in Serang City in the 2018 regional elections by the Serang City Supervisory Committee (Bawaslu) which found that there were money politics practices carried out by sympathizers of the candidate pair team. The research method in this study uses a qualitative method approach
KEBIJAKAN HUKUM PIDANA TERHADAP KEWENANGAN ODITUR MILITER UNTUK OPTIMALISASI PERCEPATAN FUNGSI PENUNTUTAN DALAM SISTEM PERADILAN PIDANA MILITER DI INDONESIA Imam Ghozali
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (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.v2i2.47

Abstract

The military justice system places the military Prosecutor as one of the law enforcement parts in the military jurisdiction in the prosecution function, however, in the prevailing military justice system it allows the Case Rectifier Officer to hinder the function of the military prosecutor as a criminal law enforcer in fulfilling the principles of cheap, fast and simple criminal justice. This paper will provide an explanation of how the regulation of the authority of military prosecutors in Indonesia should be to optimize the acceleration of prosecutions in military courts with a normative juridical research approach method. After conducting research with the predetermined method, it was found that the incomprehension of the duties of military prosecutors is faced with the legitimacy of power that does not fully use a legal approach because in its implementation there is a Papera institution that can determine whether or not a TNI soldier who violates the criminal law is submitted to the military court, so as to optimize the prosecution function the authority of the military prosecutor needs to be strengthened by eliminating  Papera's function in the prosecution function in the military criminal justice system to reduce the potential for allusions between military prosecutors and papera which is based on the slowness of the prosecution function

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