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"Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum"
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<![CDATA[AHLI WARIS PENGGANTI DALAM KHI DITINJAU DARI PERSPEKTIF GENDER ]]>
<![CDATA[Deden Hidayat]]>;
<![CDATA[Siti Masitoh]]>;
<![CDATA[Deden Inayatullah]]>
<![CDATA[ Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i1.52
<![CDATA[The formulation of the Successor heirs is regulated in article 185 of the Compilation of Islamic Law, this is a legal breakthrough made by the government to uphold the principle of justice in inheritance and a policy of heirs in the division of inheritance for grandchildren who are hindered from obtaining inheritance due to their parents dying first than the heirs or grandparents of both the grandsons of the male transmit and the grandchildren of the female transmitters with a view to the benefit of the life of the brothers. As is the case with the purpose of Islamic law (maqashid al-shari'ah) which is aimed at the benefit of the ummah. One of them is the theory about Al-Maslahah Al-Mursalah which is necessary for the prudence, and benefit of the people]]>
<![CDATA[IDDAH BAGI WANITA KHULU' DAN IMPLIKASI HUKUMNYA DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Mohammad Hifni]]>;
<![CDATA[Yuli Astuti]]>
<![CDATA[ Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i1.53
<![CDATA[Living in divorce as found in the interpretation of as-Sabuni, that living is interpreted as mut'ah, which means the giving of a husband to his divorced wife, be it in the form of money, clothing or any provision as a favor and respect for his wife and avoiding the cruelty of the thalaq he dropped. In Islamic Law that the criteria for an ex-wife who is entitled to a living from her ex-husband, also only as long as the wife carries out the iddah period, because during the iddah period the husband's marriage relationship is still ongoing, because thalaq raj'i does not abolish the marriage contract, does not eliminate the husband's rights to his wife, nor the wife's rights to her husband. Meanwhile, women who are not entitled to a living from their ex-husbands are such as: women who do khulu', women whose husbands die, women who wait for their iddah period because of fasakh, and after divorce an ex-wife only earns a living only during the iddah period]]>
<![CDATA[GUGATAN GANTI RUGI DALAM PERKARA PENIPUAN MELALUI PERADILAN PERDATA ]]>
<![CDATA[Muhklis Suhendro]]>
<![CDATA[ Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i1.54
<![CDATA[Today there are many cases of fraud that result in losses by some people. However, the judge also cannot order the perpetrators of the crime of fraud to make compensation, considering that this is the realm of civil justice. In addition, based on the Law on Judicial Powers, judges are prohibited from deciding cases outside the demands. The public's lack of understanding about each judiciary in Indonesia causes misunderstandings to occur. Often people assume that they cannot get compensation for the criminal act of fraud committed by the suspect. However, if viewed in depth, the community can actually get the compensation by filing a lawsuit through the civil court. The legal basis used to file a lawsuit against fraud perpetrators is not article 378 of the Criminal Code or the Information and Electronic Technology Law, but article 1365 of the Civil Code (hereinafter referred to as the Civil Code). The following is the content of Article 1365 of the Civil Code. To file a civil lawsuit in a fraud case, the victim should file a criminal lawsuit first. Then the results of criminal court decisions are used as written evidence in civil lawsuits. Thus, the victim is not difficult to prove]]>
<![CDATA[IMPLEMENTASI KEKUATAN MENGIKAT PADA PERJANJIAN HUTANG PIUTANG SECARA LISAN/DIBAWAH TANGAN DI TINJAU BERDASARKAN PASAL 1338 KUHPERDATA ]]>
<![CDATA[Aris Setyanto Pramono]]>;
<![CDATA[Safiulloh Safiulloh]]>
<![CDATA[ Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i1.55
<![CDATA[Accounts Payable Accounts payable is part of the socio-economic activities that usually occur in the community based on the need to meet household needs or business (business) capital. The person who borrows is called the debtor, who gives the loan is called the creditor. The problem is if the debt cannot be paid according to the agreement/agreement because the debtor is experiencing financial difficulties (financial). So the debtor who cannot pay is called a breach of promise (default) so that it can be billed and even sued. In religion, debts and debts are not an easy matter because they are obligations that must be fulfilled both by themselves and by their heirs because they can be brought to death. In general, a diwali debt transaction with an oral or written agreement/agreement is an agreement that contains the rights and obligations of both parties, and serves as evidence of settlement at a later date. In principle, every agreement must be carried out in good faith. And the agreement made by both parties applies as law for those who make it (the principle of pacta shun servanda). This article analyzes how a debt agreement was born orally or privately. Whether the agreement is legally declared valid and becomes binding law for those who make the agreement. With the debt agreement, which is only carried out verbally, if at any time one of the parties does not carry out its obligations "achievement" or is deemed to have failed to carry out its obligations "default" can be declared guilty and on the basis of any evidence when the debt-receivable agreement is carried out verbally only, so whether the agreement has the executive power to be able to take assets from one of the parties who are declared 'defaults' as a form of compensation for both the debtor (who borrows) and the creditor (who provides the loan).]]>
<![CDATA[ANALISIS YURIDIS PENGHINAAN KEPALA NEGARA DALAM RANCANGAN KITAB UNDANG-UNDANG HUKUM PIDANA ]]>
<![CDATA[Prasetyo Hadi Prabowo]]>
<![CDATA[ Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i1.56
<![CDATA[The rules for insulting the head of state contained in the Draft Criminal Code have attracted a lot of attention from the people in Indonesia, thus raising the pros and cons. The decision of the Constitutional Court which declared article 134 unconstitutional, made several legal observers compare the article on the regulation of insulting the head of state contained in the Criminal Code Bill with article 134 of the Criminal Code. Broadly speaking, there are two differences between the regulation of insulting the head of state in the Draft Criminal Code and Article 134 of the Criminal Code. First, the Criminal Code Bill regulates in more detail the humiliation of the head of state. Second, there are differences in the application of the offense of insulting the head of state. Insult to the head of state is considered not to fulfill justice, this is because the regulation on insulting the head of state is contrary to Article 27 and 28 of the 1945 Constitution of the Republic of Indonesia. In addition, humiliation is a form of violation that can reduce basic rights. Therefore, there should be no special application to the head of state]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP HAK MASYARAKAT SETEMPAT KELURAHAN CILOWONG ATAS PENGELOLAAN SAMPAH TPA DI KELURAHAN CILOWONG BERDASARKAN PERATURAN DAERAH (PERDA) KOTA SERANG NOMOR 7 TAHUN 2021 TENTANG PENGELOLAAN SAMPAH DI KOTA SERANG ]]>
<![CDATA[Ahmad Zikri Rahmatullah]]>;
<![CDATA[Iron Fajrul Aslami]]>;
<![CDATA[Safiulloh Safiulloh]]>
<![CDATA[ Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i1.57
<![CDATA[Departing from the role of the local community for decision making, implementation and supervision in the management of household waste and waste similar to household waste organized by the government, which is clearly regulated in the Serang City Regional Regulation No. 7 of 2021.This study aims to determine the rights and roles of the local community in managing waste in the Cilowong Village and how the roles and responsibilities of the government and related agencies are to implement regulations and laws in the system.Methods The research uses a descriptive method with a qualitative approach. Observations as data collection, interviews with the Head of UPT Cilowong and the Serang City Environmental Service and collecting data or news about waste management in Cilowong village.The results of the study are to show the role of the surrounding community for waste management in the area and a juridical review of the impact of the local community in the Ciliwong Village on the management of TPA waste in the Village and how the responsibilities of the Government and related agencies are in being responsible for the policies that have been generated.The conclusion from this research is that the rights of the surrounding community have not been fully fulfilled and the waste management system in the Cilowong area is not running optimally with the Serang City Regulation No. 7 of 2021 and the local government must check more about the implementation and implementation of the relevant agencies so that things are carried out in accordance with regulatory references. If the policy is implemented that is not in line with the existing regulations, the government can review the policies taken]]>
<![CDATA[JUAL BELI ONLINE DENGAN SISTEM PRE-ORDER BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Hanifah Hanifah]]>;
<![CDATA[Ujang Hibar]]>;
<![CDATA[Dian Samudra]]>
<![CDATA[ Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i1.58
<![CDATA[The development of technology and information in the era of globalization has brought enormous changes in both positive and negative terms. One of these impacts is the emergence of new electronic commerce transactions with a pre-order system. Where in these transactions between buyers and sellers do not meet each other face to face because they only use the internet as the transaction medium. In carrying out the status of the availability of the goods (stock) is not available, it does not mean empty, but the goods are only produced a little and the buyer can order them in advance with the ordering and payment system to get the goods. The research method used is normative juridical research using a state approach and an analytical approach. Sources of data in this study are secondary data sources in the form of public documents and official records (public documents and official records). In online buying and selling transactions with this pre-order system, management needs to be improved, especially in serving consumers with proof of invoices or lists from business actors to consumers.]]>
<![CDATA[SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN (SKMHT) UNTUK KREDIT DIATAS 1 MILYAR YANG DIPERPANJANG TERUS-MENERUS SELAMA MASA TENOR KREDIT ]]>
<![CDATA[Ayang Fristia M]]>
<![CDATA[ Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i1.59
<![CDATA[Giving credit to public is not only provided by banks but also be given by Non-Bank Financial Institutions (LPNB). The bank/LPNB will ask for collateral from debtor in order to get certainty that the debtor will pay off all of his obligations to the creditor and if the debtor defaults, the creditor can execute the guarantee. However, collateral binding is usually not directly tied to Deed of Granting Mortgage (APHT), but is bound first with A Power of Attorney to Charge for the Right (SKMHT). There are many factors which lead to the creation of A Power of Attorney to Charge for the Right (SKMHT), including unregistered land, the cost of increasing mortgage rights is relatively expensive, the credit tenor is short and the credit limit is small. Currently there are cases of lending with a maximum of IDR 1,000,000,000 (one billion rupiah) tied to SKMHT until the credit tenor ends]]>
<![CDATA[TANGGUNG JAWAB NOTARIS ATAS PENGGUNAAN DOKUMEN PALSU DALAM PEMBUATAN AKTA AUTENTIK ]]>
<![CDATA[Iis Laila Ridawati]]>;
<![CDATA[Endang Purwaningsih]]>;
<![CDATA[Irwan Santosa]]>
<![CDATA[ Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i1.60
<![CDATA[Notary Public Law determines that a notary is a public official authorized to create authentic deeds. It is responsibility in correct way to notarized the administered document. The falsification of a document may results in the deed becoming inauthentic. Formulation of this issue to analyze notary responsibility for the use of false documents in the creation of authentic deed and legality of authentic deed of false documents against parties and third parties. The method used normative-empirical and statute approach supported in depth interview. Based on the results of the research concluded notary responsibility for the use of false documents in the authentic deed carried out dismissal by the Minister, subject to the threat of imprisonment stipulated in Article 21 Paragraph (2) Decree of the Minister of Justice and Human Rights of the RI Number M-01. HT.03.01 Year 2003; and the legality of the authentic deed of false documents against the parties and third parties, the deed does not decrease the level or degradation into an underhand deed because the requirements formal of the deed are met. If throughout the litigation process is known and proven then there is a possibility of the judge to decide that the deed is no longer valid among the parties but the form of the deed remains authentic pursuant to Article 84 of Law No. 2 of 2014 Amendments to Law No. 30 of 2004 Notary Public.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP HAK ATAS INFORMASI KONSUMEN JUAL BELI ONLINE DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Andi Nurfadhila Brilyana Baso]]>;
<![CDATA[Asnawi Asnawi]]>;
<![CDATA[Aris Setyanto Pramono]]>
<![CDATA[ Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i1.61
<![CDATA[The development of the world in the modern era is increasingly widespread economic activity by utilizing the Internet as a medium of communication in electronic commerce or e-commerce as a medium of transaction. Every consumer according to Article 4 letter c of the Consumer Protection Act has the right to correct, clear and honest information. So information is an important thing for consumers, if the information is not conveyed correctly it is a violation by business actors against consumers. This research method is research using a statutory approach and a conceptual approach. Data collection techniques were carried out by means of literature studies and interviews. The primary data used is interviews with consumers who have experienced losses in online buying and selling transactions, while the secondary data used is Law Number 8 of 1999 concerning Consumer Protection, Law Number 11 of 2008 and the Civil Code. Based on the results of the research, referring to article 4, article 7 of the Consumer Protection Act and article 9 of Law Number 11 of 2008 concerning Information and Electronic Transactions that the granting of the right to information for consumers is an important element in consumer rights. Thus, legal protection of the right to consumer information has not been able to work properly because business actors are still ignoring their obligations and the lack of concern for business actors which results in non-fulfillment of guarantees for consumer rights]]>
