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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 189 Documents
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ANALISIS YURIDIS WANPRESTASI DALAM PERJANJIAN PENGIKAT JUAL BELI TANAH DAN BANGUNAN DI TANGERANG: Studi Kasus Putusan Nomor 75/Pdt.G/2022/PN.Tgr Asnawi, Asnawi; Sari, Siti Bulan; Pramono, Aris Setyanto
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.111

Abstract

The nature of buying and selling is clear and cash which is used as the basis for land and building buying and selling transactions. However, in practice, cash sales and purchases are not always carried out due to several reasons. Problems like this can be overcome by making a land and building sale and purchase agreement (PPJB). As in the case of buying and selling land and buildings in the city of Tangerang with a building use rights certificate, the seller no longer wants to continue the agreement after BPN issues a property rights certificate in the seller's name.               This research method uses the Normative method, using Primary, Secondary and Tertiary legal materials. The data collection techniques and procedures are using literature study, the data analysis method uses descriptive analytical methods which are qualitative in nature. This research aims to find out what factors can influence the occurrence of broken promises or default in land and building sale and purchase agreements, and also how judges consider in deciding these cases.               Factors that become a promise or cause of default are due to elements of negligence and deliberate action committed by the First Party as the Seller during the Land and Building Sale and Purchase Agreement. The basis for the judge's considerations used in this decision is decision no. 75/Pdt.G/2022/PN.Tgr. The judge decided that there had been a breach of promise or default in the sale and purchase of land and buildings, in accordance with the applicable law the agreement was null and void.             The conclusion of this research is that the defendant's actions can be described as inappropriate and serious in implementing the APJB so that based on the court decision the defendant was declared to have defaulted. The actions of the defendant or as the seller of the land and building were not cooperative by refusing to continue the PPJB sale and purchase of the land and building
LEGALITAS PENGUSAHA MIKRO KECIL MENENGAH DALAM PROGRAM PEMBERDAYAAN USAHA OLEH KANTOR PERWAKILAN BANK INDONESIA BANTEN Buana, Tri; Wijaya, Pringgo A; Maulana, Ayang Fristia; Faturrohman, Faturrohman
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.112

Abstract

Guidance for Micro, Small and Medium entrepreneurs in the form of providing facilities, guidance and assistance in order to develop the entrepreneurs' businesses. The birth of Micro, Small and Medium entrepreneurs who have potential but do not yet have complete business legality. Bank Indonesia offers development and empowerment programs for small and medium entrepreneurs. Bank Indonesia Banteb participates in the development of Micro, Small and Medium Enterprises by issuing Micro, Small and Medium Enterprises and Real Sector development programs from the Bank Indonesia Entrepreneur Association (WUBI), cluster programs and others related to product development for Micro, Small and Medium Enterprises. In empowering UMKM (Micro, Small and Medium Enterprises), actors experience various obstacles, namely inadequate knowledge of human resources, insufficient capital and minimal knowledge of product marketing
TINJAUAN HAM TERHADAP ANAK BERKEBUTUHAN KHUSUS DALAM KESETARAAN PENDIDIKAN Sucipto, Malakh Joy Barak; Ruslie, Ahmad Sholikhin
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.113

Abstract

Education has a central role in pursuing social welfare and fulfilling human rights. The right to education is considered an important right, and education is considered the main prerequisite for starting other basic rights. Participating in social and cultural life, pursuing knowledge, and accessing higher education depend on understanding and increasing the minimum level of education. However, when talking about children with special needs, such as children with physical disabilities, challenges arise due to the education system which tends to separate educational institutions based on the type of disability. Segregated education models such as SLB for the Blind, SLB for the Deaf, and SLB for the Intellectually Impaired create problems. This exclusivity in education hinders the opportunity for children with special needs to receive an education equal to other children. Therefore, the concept of inclusive education emerged as an alternative that is expected to be able to overcome this problem. Inclusive education emphasizes the acceptance of all children in a regular educational environment regardless of their abilities or shortcomings. However, the implementation of inclusive education is still faced with a number of obstacles. These obstacles include the limited number of inclusive schools, lack of resources and training for teachers who can deal with the diverse needs of students, as well as discriminatory attitudes and treatment that can occur in the educational environment. In a legal context, Law Number 35 of 2014 concerning child protection in Indonesia emphasizes the right of every child to live, grow, develop and be protected from violence and discrimination. In terms of inclusive education, this shows the need for a friendly educational environment for children with special needs. The importance of inclusive education and the need to understand the rights of every child in education is reflected in the basic normative descriptions that underline equality of rights. This description leads to further explanation of the inclusive education model which is non-discriminatory and accommodates the needs of all children regardless of their background or abilities
ANALISIS YURIDIS TERHADAP PERUBAHAN MASA JABATAN KETUA KPK BERDASARKAN PUTUSAN MK RI Nomor: 112/PUU-XX/2022 Karlina, Yunawati; Putra, Irwan Sapta
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.114

Abstract

This research examines the legal rules related to the term of office of the chairman of the Corruption Eradication Commission (KPK)? And what is the impact of the Constitutional Court decision Number: 112/PUU-XX/2022 on the term of office of the KPK leadership. This research method is normative legal research with an analytical case study approach. Normative juridical analysis. The results of this study are FIRST The legal regulations related to the tenure of the KPK chairman are regulated in Article 34 of Law Number 30 of 2002 concerning the Corruption Eradication Commission (State Gazette of the Republic of Indonesia of 2002 Number 137, Supplement to the State Gazette of the Republic of Indonesia Number 4250) which reads: "Corruption Eradication Commission leaders hold office for 4 (four) years and can be re-elected only for one term of office". SECOND With the decision of the MK RI No 112/puu-xx/2022, the term of office of the "Corruption Eradication Commission Leaders who previously served for 4 (four) years and can be re-elected only for one term of office". So with the Constitutional Court's decision the term of office "Corruption Eradication Commission leadership has increased to 5 (five) years and can be re-elected only for one term of office" means that there is an additional 1 (one) year term of office of the KPK leadership from 4 (four) years to 5 (five) years
ANALISIS HUKUM SISTEM PEMERINTAHAN DAERAH BERBASIS LOCAL WISDOM DALAM MEWUJUDKAN REFORMASI BIROKRASI DI KABUPATEN KULON PROGO Dewi, Indah Kusuma; Sapardiyono, Sapardiyono; Hardin, Hardin; Ramadhan, Faais Mufaasir; Andara, Darojatun
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.115

Abstract

The general principles of good governance were originally part of unwritten law and constitute ethical values that must be adhered to by state administrators both at the center and in the regions. These principles come from ethical values that have developed in society and have long been practiced by local people. Therefore, it can be said that these values were developed based on local wisdom and developed in society. These values were developed in the Regional Government System with the aim of improving public services in the context of Bureaucratic Reform. The aim of this research is to find out the Local Wisdom-based Regional Government System in the Kulon Progo Regency Government, to find out the General Principles of Good Governance (AAUPB) which can be the basis for Bureaucratic Reform of the Local Wisdom-based Regional Government System in the Kulon Progo Regency Government. The research methods used are normative juridical and empirical juridical The results of the research show that the Government System in the Regional Government of Kulon Progo Regency is based on the Specialty of the Special Region of Yogyakarta as contained in Article 7 paragraph (2) of Law Number 13 of 2012 concerning the Specialty of the Special Region of Yogyakarta. However, implementation in Kulon Progo Regency only consists of 4 (pillars), namely DIY Regional Government institutions, culture, land and spatial planning. Regarding the pillars of procedures for filling positions, positions, duties and authority of the Governor and Deputy Governor, they are only implemented in the Yogyakarta Special Region Province. The Satriya Government Culture which was prepared based on the Regulation of the Governor of the Special Region of Yogyakarta Number 53 of 2014 concerning Guidelines for the Implementation of Government Culture and which is an implementation of the Javanese Hamemayu Hayuning Bawana philosophy so that government cultural values can be implemented in the personal selves of officials within the Kulon Progo Regency Government is an actualization General Principles of Good Government (AUPB)
PERANAN HAKIM DALAM MELAKUKAN PENEGAKAN HUKUM PROGRESIF Elmayanti, Elmayanti
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.116

Abstract

The role of judge to commit progressive law enforcement is to prevent crisis of law and to erect supremacy of law in Indonesian. The judge can’t only to follow procedural justice but also must to purpose substantive justice. Progressive law paradigm is law can suffice need nation and also to feel suffering this nation. So the law to serve public interest not on the contrary, law can’t exist in atmosphere or vacuum room, but law exist in public. Law according to value real and justice
PROFESI BIROKRASI HUKUM PEMERINTAHAN DALAM ETIKA PELAYANAN PUBLIK Fadilah, Ulvia; Saepudin, Eli Apud
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.117

Abstract

The division of law into public law in everyday reality shows that the government, in addition to carrying out activities in the field of public law, is also often involved in the civil field subject to public law. Service ethics as one of the determining factors for improving the quality of public services and civil services in the expansion area. Service ethics is developed as a norm guide for bureaucratic apparatus in carrying out service duties to the community, which places public interests above personal, group and organizational interests. Thus, service ethics aims to direct bureaucratic apparatus to prioritize the interests of the wider community. An indication that the bureaucracy has a public service ethic can be seen from the angle of whether a bureaucratic apparatus in providing services to the community feels committed to respecting consumer rights to get services transparently, efficiently, and there is a guarantee of service certainty. Ethics contains moral elements that have rational, objective, selfless and neutral characteristics. Therefore, the development of public service ethics for government bureaucratic actors needs to be based on two ethical approaches, namely the Teleology and Deontology approaches. The teleological approach is applied in public service ethics based on the principle of what is good that must be carried out to achieve service goals. So the value of expediency is the foundation of public service ethics. This approach ultimately boils down to how to develop goodness for public officials and use value or strive for the best for the public
STRATEGI MENINGKATKAN KESADARAN HAK PRIVASI DALAM PENGGUNAAN LAYANAN ONLINE DALAM ERA DIGITAL Wiraguna, Sidi Ahyar
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): 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.v4i2.118

Abstract

In the growing digital age, the use of online services has become an integral part of daily life. The convenience and benefits offered by online services, there are also concerns about personal data privacy. Law No. 11 of 2008 on ITE article 26 paragraph 1: "the use of any information through electronic media concerning a person's personal data must be done with the consent of the person concerned." This rule is derived from Government Regulation No. 82/2012 and Government Regulation No. 71/2019. This article discusses strategies to raise awareness of privacy rights in the use of online services. This research focuses on the aspect of individuals' awareness of their data privacy when interacting with digital platforms. The first strategy is education and outreach on online privacy rights, which includes understanding the risks associated with sharing personal data online. The importance of privacy policy transparency and understanding how algorithms used by online platforms work are also highlighted. The second strategy is the development of software and tools that give users greater control over protecting their data. Innovations in technologies that enable end-to-end encryption, data permission management, and online activity monitoring can help individuals to be more active in protecting their privacy. The third strategy is strict oversight and regulation of data collection and use practices by online companies. This article details these efforts and explores how these strategies can be applied in various contexts. As such, it provides a comprehensive view of how to raise awareness of privacy rights in the use of online services in the digital age
EVEKTIFITAS HUKUM SISTEM PEMBUKTIKAN ALAT BUKTI ELEKTRONIK DALAM RANAH PEMERIKSAAN BUKTI DI PENGADILAN TATA USAHA NEGARA Rayhan, Ahmad; Jazuli, E. Rakhmat; Pradita, Essa Alicia; Yuniar, Hafizah Sukma
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): 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.v4i2.119

Abstract

Evidence is a tool that can be used for proof to generate the judge's conviction of the true truth. The Constitution of the Republic of Indonesia in 1945 demonstrates a commitment to the constitution, where the Administrative Court is one part of the judicial power that is responsible for examining, deciding, and resolving conflicts related to administrative matters. The development of information and communication technology has brought changes to the judicial system, and one important aspect affected is the use of electronic evidence in the judicial process. Electronic evidence refers to information or data that is stored, transmitted, or received in electronic form. In administrative court proceedings, electronic evidence can take the form of electronic documents, electronic messages, electronic data, or electronic recordings used to prove relevant facts in the ongoing case. However, the use of electronic evidence poses challenges such as the validity and authenticity of electronic evidence, privacy protection, and data security. By using normative juridical research methods, law is conceptualized as what is written in legislation (law in books), or law is conceptualized as rules or norms that serve as standards of human behavior considered appropriate, with an approach to legislation. Therefore, this paper aims to analyze how the system of proving electronic evidence works in administrative court proceedings and the effectiveness of the legal framework for electronic evidence in the realm of evidence examination in administrative court
ANALISIS YURIDIS TINDAK PIDANA KEJAHATAN BISNIS : INSIDER TRADING: PERDAGANGAN SAHAM (EFEK) MELALUI ORANG DALAM Fitriani, Agnes; Sari, Desi Puspita; Hosnah, Asmak Ul
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): 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.v4i2.120

Abstract

The problem studied relates to specific criminal acts in the capital markets sector, namely Insider Trading or what is often known as the criminal act of securities transactions carried out illegally through 'insider' information. Legal aspects regarding criminal acts are regulated in statutory regulations in the Capital Market sector, namely in Articles 95 to 97 of Law Number 8 of 1995 concerning Capital Markets. This type of research is juridical - normative using the Library Research data collection method (library research) by examining the primary legal basis and secondary legal materials available in related legal books and other scientific written works in the form of journals, theses, Dissertation and Thesis

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