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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 189 Documents
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PERKEMBANGAN TEKNOLOGI PERADILAN TUN DALAM BENTUK INOVASI PUTUSAN SECARA “ONE DAY PUBLISHING” Kusumaningsih, Rila
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.v4i2.133

Abstract

The rapid advancement of technology has left its imprint on all parts of life, including the State Administrative Justice system in Indonesia. As time passes, adjustments or advancements in the legal system are required to keep up with the evolution of societal concerns. The Indonesian government announced a policy through the Supreme Court to improve the quality of the State Administrative Court by instituting a One Day Publishing, which can speed up the disclosure of case information in order to realize one of the principles of justice, namely the principle of quick justice. The larger community will have easier and faster access to decision information thanks to One Day Publishing. The research method utilized to create this publication is an empirical legal research based on secondary data consisting of both primary legal materials and secondary legal materials. Currently, state administrative courts in Indonesia have implemented the one-day publishing program, which is a leading program in developing a judicial system that is in line with the evolution of the digital world. One day publishing is one of the government's initiatives, through the Supreme Court, to modernize the administrative court process in order to provide the greatest service to the people
ANALISIS KEBIJAKAN POLITIK HUKUM DALAM PENEGAKAN TINDAK PIDANA KORUPSI MELALUI PENGESAHAN RANCANGAN UNDANG-UNDANG PERAMPASAN ASET Ira, Lisa; Sitorus, Yeni Lisa; Erdawati, Lidya; Nababan , Veronika Laurensia Yolanda Br; Haryanti, Dewi
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.v4i2.138

Abstract

Corruption is an extraordinary crime that should be eradicated. The increase in corruption cases is still stagnant despite various efforts to reduce the number of corruptions. As a country that has ratified the United Nations Convention Against Corruption (UNCAC) through Law No. 7/2006 on the Ratification of the UN Convention Against Corruption, Indonesia should have the same legal standing in matters regulated in UNCAC, including the issue of confiscation of criminal proceeds. The main objective of the Asset Forfeiture Law is how to recover state losses (asset recovery), so that the losses suffered by the state are not significant. This research is conducted to examine and discuss the influence of legal politics in combating corruption through the establishment of the Asset Forfeiture Bill. The research method used in this research is normative juridical, by analyzing applicable legal norms supported by doctrines that develop in law. The results showed that legal politics influenced the ratification of the Asset Forfeiture Bill. The Asset Forfeiture Bill is important to be ratified immediately in order to provide a deterrent effect for corruptors
PENGARUH POLITIK HUKUM DALAM PEMBENTUKAN DAN PENEGAKAN HUKUM DI INDONESIA Sulistyono, Dwi; Irawan, Andrie
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.v4i2.145

Abstract

Indonesia continues to face complex political and legal challenges. The developing political dynamics are a factor that affects the implementation of legal policies based on the principles of justice and the needs of the community. Efforts to improve law enforcement are carried out by accommodating the aspirations of the community, increasing the professionalism of law enforcement officials, and legal institutions. Legal politics is an activity to monitor law enforcement to achieve the goals of the state that have been set. This research aims to discuss the role of legal politics in the formation and enforcement of law in Indonesia. This study uses secondary data, obtained from the literature of journals on legal politics. Conclusion: the implementation of legal policies is sometimes still influenced by the interests of political elites, who use their power to enforce the law. However, this can be prevented by increasing public awareness to monitoring law enforcement based on Pancasila values actively
URGENSI PENGUNAAN LANDASAN FILOSOFIS, SOSIOLOGIS, DAN YURIDIS DALAM KEPUTUSAN KEPALA DAERAH Ira, Lisa
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.v4i2.155

Abstract

Regional autonomy gives the rights, authorities, and obligations to the regions to regulate and manage their own government affairs and the interests of the local community, one of which is to make regional policies such as Regional Regulations, Regional Head Regulations, Regional Head Decisions and others. Regional head decisions are one type of regional legal product which is one of the authorities of the regional head. Philosophical, sociological, and juridical foundations are part of the elements of good legislation. this study discusses the urgency of using philosophical, juridical, sociological foundations in the Decree of the Regional Head because the Decree is a determination that is not part of the regulation unless it fulfils the requirements as referred to in Law 12 of 2011 concerning the Formation of Legislation. The research method used in this research is the normative juridical method or it can be interpreted that this research is conducted with literature or secondary data. With a statutory approach and analytical approach. The results show that in the context of drafting regulations and decisions at the regional level, including decisions of regional heads, containing philosophical, sociological, and juridical foundations is not always explicitly required for every regent's decision. However, these principles are highly recommended and often applied in practice to ensure the quality and legitimacy of such decisions
PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN ASURANSI DENGAN PERUSAHAAN REASURANSI YANG DICABUT IZIN USAHANYA Cahyani, Gisella Tiara; Azzahra, Najwa Maulida; Siswajanthy, Farahdinny; Supriyanto, Daffa Amaanullah; Steybi, Fitria Ade
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.v4i2.157

Abstract

The insurance and reinsurance industry plays a crucial role in managing financial risks in society. However, when a reinsurance company that provides protection to insurance companies loses its business license, it can lead to significant legal complexities. This article discusses two critical aspects related to this issue. First, the impact of the revocation of the business license of a reinsurance company on insurance companies and their obligations to policyholders. This situation creates uncertainty regarding the ability of insurance companies to fulfill policyholder claims. Second, how the legal system can provide protection for all parties involved. This includes the role of regulatory authorities in the insurance industry, insurance contract provisions governing rights and obligations, and compensation mechanisms. Emphasis is also placed on the role of legal experts in assisting insurance companies and policyholders in understanding their rights and navigating any necessary legal processes. Through proper legal understanding and protection, market stability in insurance and policyholder trust can be preserved in this complex situation
PRAKTIK CHECK AND BALANCE DALAM KETATANEGARAAN DI INDONESIA ANTARA LEGISLATIF DAN EKSEKUTIF: STUDI KASUS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU- XVIII/2020 Syamsudin, Syamsudin
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.v4i2.160

Abstract

Check and Balance in State Administration is one of the principles in the rule of law that determines and establishes the division of power within a country to prevent the concentration of power in one authority, which can lead to power abuse and corruption. The division of power with limited authority proportionally allows each institution to support and supervise each other, enabling the state's power to be exercised to its maximum potential. In practice, in Indonesia, this can be seen through Constitutional Court Decision Number 91/PUU-XVIII/2020, where there is an imbalance of power within state institutions, even though the balance is appropriately regulated in the constitutional format. This issue is caused by various factors that affect implementation, which is difficult to avoid without firmness from relevant state institutions when carrying out their power obligations. The research method used is normative implementative research, which explains the influence of norms when implemented. Based on Constitutional Court Decision Number 91/PUU-XVIII/2020, it can be concluded that the check and balance system in practice can be influenced by factors that may hinder its effective implementation
PENETAPAN BERAS SEBAGAI ALAT UNTUK MEMBAYAR ZAKAT FITRAH MELALUI METODE IYAS MENURUT MADZHAB SYAFE’I Rahmat, Saepul; Sayehu, Sayehu; Mukarromah, Oom
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.v4i2.161

Abstract

Qiyas is one way to resolve various legal cases whose arguments are not clearly stated in the ur'anqand Hadith. Imam Syafi'i is one of the initiators of the concept of iyas who holds the view that various legal cases that exist in Muslim society which are not yet clearly regulated in the ur'an and hadith can be resolved through iyas, either in the form of iyas aulawi, iyas musawi or qiyas adn . One case that is not yet clear is the type of staple food that is issued as zakat fitrah in Indonesia. The zakat fitrah issued which was the staple food of the Prophet Muhammad saw and the Arabs in ancient times was wheat, dates, cheese, and others. In fact, the majority of Muslims in Indonesia who adhere to the Shafi'i school of thought pay zakat fitrah in the form of staple foods that are commonly consumed, namely rice, corn, sago, etc. Zakat fitrah which must be paid by every Muslim who is still alive in the month of Ramadan and has excess staple food for the night and Eid al-Fitr, if rice is used is 2.5 kg or 3.5 liters per person
KEDUDUKAN AKTA HIBAH ORANG TUA KEPADA ANAKNYA SEBAGAI PEMBAGIAN WARIS DIHUBUNGKAN DENGAN ASAS MASHLAHAH Wijaya, Pringgo A; Sayehu, Sayehu; Mustofa, Usman
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.v4i2.162

Abstract

Law is a social rule or norm that cannot be separated from the social norms that exist in society. The family is an important part of society which has a big role in conveying good teachings and values ​​to its members in living life in society. One of the problems that often arises in the family context is related to the transfer of inheritance or assets from parents to children. The gift method is often used by parents with the aim of avoiding conflicts regarding the distribution of inheritance in the future. In this journal, researchers use the statue approach method and by studying the Civil Code (KUH Per) and the Compilation of Islamic Law (KHI) as well as the sources of Islamic law, the Qur'an and Hadith. The formulation of the problem discussed in this journal is the granting of grants and the position of grant deeds. By using the Normative juridical method, this research aims to provide an in-depth understanding of the provisions for granting gifts and distribution of inheritance according to the Compilation of Islamic Law (KHI) and the Civil Code (KUHPer). Thus, it is hoped that this research will provide significant benefits for scientific development in the legal field, as well as provide a contribution in the form of deeper thinking and understanding regarding the procedures for granting grants and the things that can cancel them. Through a normative juridical approach, this research will likely examine in detail the articles related to granting and distribution of inheritance in the Compilation of Islamic Law (KHI) and the Civil Code (KUHPer). The research will also likely identify the principles underlying inheritance law in the two pieces of legislation, as well as compare the similarities and differences between the two. Thus, it is hoped that the results of this research will provide writers and readers with a more comprehensive understanding regarding the procedures for granting gifts and dividing inheritance from the perspective of Islamic law and civil law, as well as highlighting things that can invalidate grant giving. Apart from that, this research can also provide new views or recommendations related to increasing effectiveness and fairness in the application of the law
PENYELESAIAN WANPRESTASI PT.PLN DENGAN WARGA PRASUNG KABUPATEN SIDOARJO: Studi Kasus Prasung Tani RT.01 RW.01 Salfania, Muhamad Rengge; Octarina, Nynda Fatmawati
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.v4i2.163

Abstract

The background of this research is the agreement giving birth to an engagement or legal relationship that gives rise to rights and obligations for each party. Thus an agreement in the form of an agreement is essentially binding, even in accordance with Article 1338 paragraph 1 of the Civil Code, this agreement has binding power as a law for the parties who make it. The purpose of this study is to find out the terms of the agreement that resulted in default and settlement efforts between PT. PLN with residents of Prasung Tani Rw 01 RT 01 Sidoarjo Regency. This research method uses empirical juridical with a descriptive qualitative approach. The findings of this study indicate that in the agreement between PT PLN and PT Saba Prima with residents of the village of Prasung Tani RT 01 RW 01 Sidoarjo Regency there was a default that occurred. In the case of default that occurred in the Agreement between PT PLNand PTSaba Prima with residents of Prasung Tani village RT01 RW01 Sidoarjo Regency, there were several default settlements, namely the first party chose to go through the Non-Litigation route, namely through consensus deliberation with the villagers of Prasung Tani RT 01 RW 01 Regency Sidoarjo
WANPRESTASI DALAM PERJANJIAN KERJA SAMA PEMBERIAN KREDIT MODAL KERJA ANTARA PT. BANK RAKYAT INDONESIA DAN CHARLES FOEK: Studi Putusan N : 13/PDT.G/2011/PN.END. dan Kasasi No. 2519 K/PDT/2013 Qiram, Syahrul; Taufik, Moh
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.v4i2.164

Abstract

Agreements made legally validas the law of the perties who made it. This means that the agreements is valid and legally bindingon the parties. For businesses, the agreement a major foundation that serves as a gide or handle in meeting achievement and dispute resolution in the event of a dispute in the future. One of the cooperation agreement can be seen between the store PT. Bank Rakyat Indonesia and Charles Foek. The problems became the main object of this research is on the implementation of cooperation agreements and the obstacles encountered in the process of development effort under taken. The purpose of this study was to determine the cooperation agreements and the store PT. Bank Rakyat Indonesia and Charles Foek about the glass ware in Ende Tengah, sub-district, district Ende NTT, whe ther the constraints faced by the parties in developing a business venture under taken now. This study use empirical method using primary data and secondary data were then analyzed using a qualitative approach. Cooperation agreement between the store PT. Bank Rakyat Indonesia and Charles Foek aim are hidden defects or “wanprestasi”. From the results of the discussion can make a conclusion that the contract should be more careful in making the agreement as well a sist aims and objectives

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