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"Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum"
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<![CDATA[LEGALITAS TINDAKAN DIREKSI PERSEROAN TERBATAS ]]>
<![CDATA[Lismayanti, Erna]]>;
<![CDATA[Purwaningsih, Endang]]>;
<![CDATA[Yusuf, Chandra]]>
<![CDATA[ Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i2.65
<![CDATA[The Board of Directors is the most important organ in a limited liability company, the Board of Directors as a company manager is appointed and terminated by the RUPS, the Board of Directors can represent the company both inside and outside the court. The expiry of the term of office of the Board of Directors has resulted in the legal actions that have been taken to become illegal and the Board of Directors no longer has the authority to represent the company. To validate all these legal actions must be approved by the RUPS and reappointed. The formulation of this problem is to find out the legality arrangements of the duties and authorities of the company's Directors in corporate actions and the legal consequences of the actions of the Directors of the company are limited in corporate actions after the end of their terms of office.The method used in this research is normative jurisdiction that applies statute approach and conceptual approach. The results showed that, The Board of Directors has full responsibility in the activities of the company, the Board of Directors is captured legally and correctly if in carrying out management and representing the company based on the articles of association and the law, institutional and operational legality is a commitment that must be fulfilled by the company; and legal actions that have been taken by ex Directors are illegal, ex Directors can be prosecuted and subject to civil and criminal sanctions]]>
<![CDATA[PEMBATALAN AKTA JUAL BELI SAHAM YANG MENGAKIBATKAN CROSSHOLDING OLEH PENGADILAN ]]>
<![CDATA[Mandai, Doris]]>;
<![CDATA[Purwaningsih, Endang]]>;
<![CDATA[Santosa, Irwan]]>
<![CDATA[ Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i2.66
<![CDATA[Cross Ownership in a limited liability company known as cross holding is a condition iwhere a limited liability company owns shares iissued by another ilimited liability icompany whose shares are directly or indirectly owned by the company, and vice versa The notary as a general official who makes ithe deed of isale and ipurchase ofishares imust understand the rules related to the transfer of shares, so as not to cause cancellation of the deed by the court. The problems raised in this thesis are what are the legal consequences of the cancellation of a Notary deed regarding the sale and purchase of shares resulting in crossholding by the court, how are the legal considerations of a court judge in declaring null and void a Notary deed. The purpose of this study is to analyze the legal consequences of the cancellation of a Notary deed resulting in Crossholding by the court, and to analyze the judgment of the court judge in declaring null and void a Notary deed. This research is a normative juridical research using a statutoryapproach and a case study approach. Data collection techniques were obtained by means oflibrary researchin the form of document studies. Data analysis uses qualitative analysis, then conclusions are drawn using deductive thinking methods. The judicial reason for the court to declare a notarial deed null and void is if the notary deed does not meet the objective and subjective requirements of an agreement. iThe legal iconsequence iof the icancellation of a Notary ideed by the court is theichange in the status and strength of proof of a Notary deedias an authentic deed to a private deed. Suggestions from this research are so that judges can make wise and fair decisions in handling every case, especially those relating to the cancellation of a notary deed]]>
<![CDATA[SERTIFIKAT HAK MILIK YANG DIPEROLEH PENGGARAP ATAS DASAR SURAT KETERANGAN KEPEMILIKAN DARI DESA: STUDI DI KABUPATEN POHUWATO PROVINSI GORONTALO ]]>
<![CDATA[Baderan, Yesika Adhisdea]]>;
<![CDATA[Purwaningsih, Endang]]>;
<![CDATA[Santosa, Irwan]]>
<![CDATA[ Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i2.68
<![CDATA[Land Title Certificates are proof of land ownership granted by the Government through the Land Agency to landowners, but in its development there have been Land Title certificates given to someone who is not a land owner (cultivator) based on a Certificate of Land Ownership from the Village. This research was conducted in Marisa Village and Bunto Village, Popayato District, Pohuwato Regency which aims to analyze the legal certainty of the recognition of land ownership certificates by cultivators who bear ownership letters from the village, as well as legal settlements for applications for ownership certificates obtained by cultivators who are not landowners. actually. Research This thesis is a normative-empirical legal research, using statutory, historical, and sociological approaches to examine primary and secondary data. Primary data in this study were obtained through field research by means of interviews, secondary data were obtained through library research, then the data were analyzed qualitatively. The results of the research show that the acquisition of land rights by cultivators as stated in the land ownership certificate from the village does not contain information as to where the cultivators obtained the land from. For dispute resolution, it must be done through the judiciary, because the land has been certified in the name of the cultivator, so an annulment must be requested]]>
<![CDATA[ANALISIS DAMPAK BIMBINGAN TEKNIS HUKUM ACARA PENGUJIAN UNDANG-UNDANG DI MK RI TERHADAP ADVOKAT PERADI ]]>
<![CDATA[Karlina, Yunawati]]>;
<![CDATA[Putra, Irwan Sapta]]>
<![CDATA[ Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i2.69
<![CDATA[The article discusses the impact analysis of the PUU Procedural Law Guidance held by the Constitutional Court on Peradi Advocates throughout Indonesia. The purpose of the study, first is to find out how the impact of the PUU Procedural Law Guidance held by the Constitutional Court on the understanding of Peradi Advocates? Second, to find out the benefits for peradi advocates who follow Bimtek? This research method is normative law, with a statutory approach, a historical approach and a case approach. Primary, secondary and tertiary data sources. Data collection techniques by means of literature study, qualitative juridical data analysis. The results of the first study can increase the understanding and knowledge of lawyers peradi about the authority of the Constitutional Court. Secondly, they can construct a good and correct PUU application, can comprehensively control the PUU application material, get a conference overview of the PUU application flow starting from registration, document preparation and preliminary trial to the verdict trial. Suggestions for the future of the technical guidance are still carried out considering the magnitude of the impact and benefits of the technical guidance for advocates throughout Indonesia.]]>
<![CDATA[PELAKSANAAN PERLINDUNGAN TENAGA KERJA ANAK DALAM UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN DIHUBUNGKAN DENGAN PASAL 28B AYAT (2) UNDANG- UNDANG DASAR 1945 ]]>
<![CDATA[Evariana, Dian]]>
<![CDATA[ Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i2.71
<![CDATA[The entry of children in the work area then initiated the government to make specific regulations as stated in Law Number 13 of 2003 concerning Manpower. In this Law, the issue of child labor is in articles 68-75, all of which are essentially efforts to protect against the work system that harms the physical and mental development of children. This condition is sufficient to provide reasons for the compiler to conduct scientific research related to child employment behavior in conjunction with Law Number 13 of 2003. More specifically, the compiler tried to analyze Articles 68-75 which contain regulations on child employment. The purpose of this study is to find out how the regulations regarding the protection of child labor in Serang City, to find out how the implementation of articles 68-75 of Law number 13 of 2003 concerning Manpower is related to article 28 b of the 1945 Constitution concerning the protection of child labor in Serang City and to find out how the efforts made by the government in protecting child labor in Serang City. The research method used by the compiler is analysis because this research is qualitative based on various library sources and other documents relevant to the research material. The summary of the results of this study is that special protection for children is based on the reality that children are rudimentary human beings physically and mentally. This behavior is for example by recruiting children at a young realistic age, inadequate wages, excessive working time and no special protection in the process of child labor]]>
<![CDATA[MENGHIDUPI SPIRITUALITAS PELAYANAN SEBAGAI PUBLIC SERVANT: UPAYA MEMPERSEMPIT RUANG GERAK PERILAKU KORUPTIF DI RUANG PUBLIK ]]>
<![CDATA[Duli, Lazarus O.]]>;
<![CDATA[Yustinus, Yustinus]]>
<![CDATA[ Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i2.72
<![CDATA[The vocation to public service is a vocation whose purpose is to prioritize the public interest. Common welfare is a principle that is always upheld by public servants. The phenomenon of corruptive behavior carried out by public servants that has recently become so widespread has and is undermining the mission of the common welfare. Therefore, the purpose of this study is to uncover the phenomenon of self-enrichment efforts and how the historicity of its journey and try to find what solutions are considered appropriate enough to overcome them. The methodology used in this study is literature research accompanied by a phenomenological approach to the rampant corruptive behavior in public spaces. This study reveals that there is a close relationship between the emergence of the phenomenon of corruptive behavior in life together with the lack of awareness from public servants to live the spirituality of service as public servants. The ideal of becoming a public servant is still only a political jargon to attract the attention and interest of citizens and calm life together in public spaces]]>
<![CDATA[ANALISIS PENERAPAN SISTEM JAMINAN SOSIAL SEBAGAI PERLINDUNGAN HUKUM TENAGA KERJA ASING DI INDONESIA ]]>
<![CDATA[Dalimunthe, Nikmah]]>;
<![CDATA[Pratama, Muhammad Riski Anugerah]]>;
<![CDATA[Lois, Muhammad]]>
<![CDATA[ Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i2.73
<![CDATA[A social security system for workers, especially foreign workers, is also needed as legal protection for foreign workers. The purpose of this research is to find out how the implementation of the social security system that runs at the same time that the social security system acts as legal protection. Researchers in this case look at the applicable laws and government regulations regarding how the national social security system is applied to foreign workers in Indonesia. According to the laws of the social security system administering agency as well as government regulations and regulations of the Ministry of Manpower that foreigners who work for at least 6 months are required to join the Social Security Administration Agency (BPJS) to receive social security provided by the government if there is a risk in work. Foreign workers receive social security such as old age security, work accident insurance and death insurance. Regarding registration for participation in this national social security, mostly if the foreign worker works from an employer other than the state, the employer is obliged to register them and themselves, as well as different contributions that must be paid to BPJS. With this national social security system as legal protection it aims to create justice in work relations, security at work and replacement if there is a risk at work]]>
<![CDATA[REKONSEPTUALISASI KEDUDUKAN DAN FUNGSI DPD RI DALAM NEGARA KESATUAN REPUBLIK INDONESIA ]]>
<![CDATA[Huda, Lalu Halawani]]>;
<![CDATA[Amnan, Durohim]]>
<![CDATA[ Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i2.74
<![CDATA[The existence of the Regional Representative Council (DPD) in the Indonesian constitutional system does not guarantee a significant role in overseeing the process of running the wheels of the state in accordance with the ideals of independence and the 1998 reforms. The existence of the DPD institution is not accompanied by optimal authority and function to accelerate what becomes duties and main functions (tupoksi). The lack of DPD function is clearly seen in several articles in the 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia). This fact has made the public's perception of the DPD institution very skeptical and considers the DPD to be only an accessory to democracy. Even though this bad opinion was formed because of the lack of duties and functions of the DPD, not because of the quality or the capability of the DPD members themselves. Therefore it is important to propose a proposition to reconceptualize the position and function of the DPD in the Unitary State of the Republic of Indonesia so that the initial aspirations and goals of establishing the DPD can be actualized in state works]]>
<![CDATA[PARADIGMA HUKUM SEBAGAI TOOL ENGINEERING: BERSIFAT PREVENTIF ATAU REPRESIF? ]]>
<![CDATA[Yahdika, Mohammad Akmal]]>
<![CDATA[ Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i2.75
<![CDATA[Human are social beings who live in a group of people that have different interests from one another. To regulate and control this heterogeneous life we need a tool or mechanism that must be carried out and obeyed by all social communities. From that, law is present in the midle of social life in the form of rules and norms to regulate so that prosperity and peace can be created. In order to work optimally, it is necessary to identify the nature of the law itself, wheter it is preventive or repressive. The research method used to identify the nature of law as an engineering tool is qualitative with an normative juridicial approach. This is supported by techniques for collecting legal materials using library research which can be in the form of books, journals or articles and document studies in the form of legislation. From the results of the research cunducted, it can be concluded that basically law must be preventive and repressive at the same time. This can be seen from the purpose of law formation that one of them is to prevent riots and chaos. At the same time, the law is can used to be a basis to take care if there is chaos or riots that cannot be prevented by the nature of preventive law]]>
<![CDATA[PENCATATAN PERKAWINAN BEDA AGAMA DI PN YOGYAKARTA PERSPEKTIF MAQASHID ASY-SYARI’AH ]]>
<![CDATA[Mamira, Adelia]]>;
<![CDATA[Ibrahim, Malik]]>
<![CDATA[ Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[LPPM Universitas Bina Bangsa ]]>
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DOI: 10.46306/rj.v3i2.76
<![CDATA[Interfaith marriages in Yogyakarta got opportunities since the issuance stipulation number 378/PDT.P/2022/PN YYK by the Yogyakarta District Court. The stipulation contains the granting of the registration of interfaith marriages. As a result, other interfaith couples started making the same request in the following months. It is undeniable that the phenomenon of interfaith marriage cannot be denied from the heterogeneous life of society in Indonesia. This article examines the Yogyakarta District Court's decision on interfaith marriage from the perspective of Maqās}id asy-syarī'ah. By using the perspective of Maqās}id asy-syarī'ah we will be able to examine the philosophical foundations for the basic purposes for which they were enacted, reasons for rationality, 'illat law, legal determination, as well as various other legal applications. The results of the research that can be concluded are that the registration of interfaith marriages in the Yogyakarta District Court results in more harm than benefit. So that it is not in accordance with the ideals of benefit to be achieved in Islam and out of the nature and objectives of Islamic law]]>
