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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 TERHADAP SANKSI PIDANA BAGI PELAKU KEKERASAN DALAM RUMAH TANGGA YANG MENGAKIBATKAN HILANGNYA NYAWA ORANG LAIN 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.v4i2.166

Abstract

Nowadays, we encounter many criminal acts of domestic violence, and it is not uncommon for others to lose their lives. As an effort by the government to solve this problem is by socialization, Law Number 23 of 2004 concerning the Elimination of Domestic Violence (KDRT)
PELAKSANAAN KLAUSUL PERMOHONAN TIDAK BERITIKAD (VEXATIOUS REQUEST): STUDI KOMPARASI DI BEBERAPA NEGARA Priatna, Achmad Nashrudin
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.v4i2.167

Abstract

In the Era of Public Information Disclosure, with the birth of Law No. 14 of 2008 concerning Public Information Disclosure, obtaining public information is a public right or public right. To obtain public information from a public agency (a public agency is an institution funded by the state budget (APBN) or the regional budget (APBD) or other institutions with funding sources from public contributions and foreign aid), it must follow public information service standards (SLIP). However, there are times when the public requests a large amount of information to a public agency at the same time. So that it is indicated that it does not have good faith and is not serious, called vexatious request. The same thing is also found in some countries, although with different contexts and consequences. In addition to vexatious requests, the termsrepeated request and frivolous request are also known. This article aims to determine the implementation of the principle of requests that are not in good faith or earnest. The method used is descriptive analysis
TINDAKAN KEJAHATAN INTERNASIONAL (GENOSIDA) YANG DILAKUKAN ISRAEL TERHADAP PALESTINA Azzahra, Nisfah; Hibar, Ujang; Hifni, Mohammad; Amelia, Yosi Lutfi
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.v4i2.168

Abstract

Genocide against Palestinians is a highly controversial statement and does not necessarily reflect a consensus in the international community or among legal experts. Genocide is defined by the 1948 UN Genocide Convention as acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. Several groups or individuals have claimed that Israel is involved in acts that could be considered genocide against the Palestinian people. Some of the arguments or actions put forward as evidence include the use of military force, construction of settlements, expulsion of residents, restrictions on movement, and military attacks that cause civilian casualties
AGRESI RUSIA TERHADAP UKRAINA DIKECAM SEBAGAI PELANGGARAN BERAT HAK ASASI MANUSIA Rohmah, Siti; Wahyudi, Wahyudi; Sita, Nur
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.v4i2.169

Abstract

This legal inquiry discusses the serious human rights violations resulting from the Russian invasion. To Ukraine. This study refers to the Universal Declaration of Human Rights and its legal provisions. international. Russia bombs and bombards the settlements, resulting in deaths They attack not only civilians but also various civilian infrastructure such as hospitals and schools. It is a fundamental violation of various regulations and laws. international. The purpose of this investigation is to determine the invasion action of Russia. Forms of responsibility and sanctions for human rights violations in Ukraine and Russia Human rights were violated during the invasion of Ukraine. method In this study, by analyzing the data using legal normative methods, Additional libraries or data. This investigation is the result of monitoring violations. The UN and ground forces opposed Russia's invasion of Ukraine, and Russia was condemned. An immediate and complete cessation of hostilities against Ukraine. This is the location of the business Limits of international law, compliance by countries in conflict Norms and standards of international law. Russia must participate in this conflict Knowing and following the rules and regulations of international law is the only way here. Peacefully resolve the conflict between Russia and Ukraine
TINDAK KEJAHATAN GENOSIDA TERHADAP ETNIS ROHINGYA DI NEGARA MYANMAR DALAM PERSPEKTIF HUKUM PIDANA INTERNASIONAL Musfiroh, Musfiroh; Safiulloh, Safiulloh; Rukmana, Bella Shintia
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.v4i2.170

Abstract

The Rohingya ethnic group is a community that lives in the Arakan region of the state of Myanmar. This ethnic group experiences problems in terms of citizenship. The Rohingya ethnic group did not have citizenship starting from the enactment of the 1864 Foreign Countries Act, the 1948 Myanmar Citizenship Act drawn up by the British government. And the peak occurred when the Myanmar citizenship law was implemented in 1982. In this law it was stated that the ethnic groups recognized as Myanmar citizens were those who had ancestors and lived in Rohingya since 1823. The Myanmar government assumes that the Rohingya ethnic group are immigrants. black people who come from Bangladesh because of the similar physical characteristics of the Rohingya ethnic group and the Bengali ethnic group. As a result of the lack of citizenship status, the Rohingya ethnic group is not under the protection of a state, resulting in many human rights violations. The impact of human rights violations in the form of torture and murder and the carrying out of military operations by the Myanmar government was the occurrence of several massive waves of refugees leaving the Arakan area. Conditions in the Arakan region heated up again in 2012, this led to oppression, torture and murder causing Rohingya residents to flee to several surrounding countries such as Bangladesh, Thailand, Malaysia and Indonesia. The problem raised in this research is that the actions carried out by Myanmar constitute a crime of genocide. This research aims to describe and analyze international criminal law regulations regarding violence that occurred against the Rohingya ethnic group in Myanmar, whether it can be categorized as an international crime or not, and to find out and analyze how to resolve cases of serious human rights violations against the Rohingya ethnic group in the country. Myanmar is based on international criminal law. This type of research uses normative legal research. The materials used are primary, secondary and tertiary materials obtained from literature studies. The research results show that violence against the Rohingya ethnic group in Myanmar is an international crime which is classified as serious and is under the jurisdiction of the international criminal court and can be sanctioned in accordance with international criminal law
TINDAK KEJAHATAN INTERNASIONALGENOSIDA RWANDA 1994 Listi, Anas Tiya; Hadi, Hadi Haerul
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.v4i2.173

Abstract

The purpose of this research is as a case study of violations of International Crimes according to Statutaroma, namely the gross human rights crime of Crimes against Humanity (Genocide). Genocide is one of four gross human rights violations within the jurisdiction of the International Criminal Court. Other gross human rights violations are crimes against humanity, war crimes, and crimes of aggression. In the Law of the Republic of Indonesia Article 8 Number 26 of 2000 concerning Human Rights Courts, a gross human rights violation is classified into 2 types, genocide and crimes against humanity. International Crimes are no longer a difficult thing to find, in the current era International Crimes are quite following the times with more and more new cases with different unlawful acts. one of the Genocide Crimes is the 1994 Rwanda Case. The Rwanda case became the world's spotlight because it was the largest Genocide Crime in 1994. Most of the data used through literature studies collected from literature studies, online data searches and documents
FUNGSI HUKUM PIDANA INTERNASIONAL TERHADAP KEJAHATAN INTERNASIONAL Wulandari, Anita; Fath, Ratu Adnindha Agnienqie An Romadhani Nur; Agustiawan, M. Nassir
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.v4i2.174

Abstract

Basically, when studying international criminal law, the most important thing is that we have to understand the meaning of criminal law itself, the meaning of criminal law, namely, the rules that regulate a person's behavior and in criminal law it also regulates what criminal acts are prohibited, and there are sanctions for them. criminal acts are committed so that when there are rules and sanctions, people become reluctant to commit prohibited criminal acts, thereby creating social order and peace in society. In a broader scope, there is international criminal law which regulates relations between countries within the scope of international society. Because its scope is broader, international criminal law is cross-border in nature, in which there is cooperation between countries in preventing and eradicating crime. With the existence of international criminal law, expanding information regarding crimes not only within the country but also abroad shows the world that there are criminal acts that violate the law and morals. So that international criminal law is international legal principles and rules, not national or domestic
PEMAHAMAN KONSEP AGRESI INTERNASIONAL: ANALISIS TERHADAP KERANGKA HUKUM INTERNASIONAL Khasanah, Isvania; Rahayu, Dita; Hendrawati, Sulkiah
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.v4i2.176

Abstract

This research aims to delve into and analyze the concept of international aggression within the framework of international law. International aggression poses a serious issue that can trigger conflicts between nations and jeopardize global peace. Through the lens of international legal analysis, this study explores key aspects related to the definition, characteristics, and consequences of international aggression. The research employs a method of analyzing international legal documents, including the UN Charter and relevant treaties, to identify the concept of international aggression and the legal framework regulating it. In-depth analysis of the development of these legal norms helps in understanding how the international community strives to prevent and address acts of aggression. The findings of the study highlight challenges in the interpretation and application of legal norms related to international aggression. Furthermore, the research discusses the role of international institutions, particularly the UN, in handling aggression cases and maintaining world peace. The legal implications of aggressive actions and efforts to enforce international law are reexamined within the context of real-world cases to provide deeper insights. By presenting a comprehensive analysis of the concept of international aggression, this research is expected to contribute to a better understanding of the complexity of this issue. Its implications are anticipated to assist policymakers, researchers, and legal practitioners in enhancing the effectiveness of international law in addressing the challenges of international aggression, ultimately contributing to global peace and justice
DINAMIKA PEMBAHARUAN HUKUM KELUARGA ISLAM DI INDONESIA DAN KONFLIK KELUARGA HUKUM ADAT DIHUBUNGKAN DENGAN UU NO. 1 TAHUN 1974 JO UU NO. 16 TAHUN 2019 TENTANG PERKAWINAN Saprudin, Nanang; Sayehu, Sayehu; Musthafa, 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.v4i2.177

Abstract

Marriage according to Customary Law is not only a very important event for those who are still alive, but marriage is also a very meaningful event and one that receives full attention and is attended by the spirits of the ancestors of both parties. Customary law does not regulate absolutely the age limit for a person's marriage, that is, there are no provisions regarding the minimum and maximum age limits for entering into marriage. One of these things is that the Outer Baduy community is allowed to marry at a young age. Thus, this research will examine the meaning of marriage, marriage in the outer Baduy community and legal sanctions for foreign Baduy customary marriages towards the marriage of underage children. The discussion method in this research is qualitative with the type of research namely the Normative legal approach (normative juridical) and Empirical Law (empirical juridical) or known as normative-empirical research. Meanwhile, the definition of an empirical juridical approach is carried out by looking at the realities that exist in practice in the field. The results and conclusions of this research are the foreign Baduy marriage process, if the legal conditions for the marriage are not met, then according to law number 1 of 1974 in conjunction with law number 16 of 2019 concerning marriage, it is explained that a marriage can only be said to be a valid marriage if it fulfills the following requirements. marriage requirements and carried out according to the laws of each religion and recorded according to statutory regulations. Then there are legal sanctions if there is a violation of underage marriage as regulated in Law no. 1 of 1974 in conjunction with Law no. 16 of 2019 concerning marriage, namely if there is an element of coercion in marrying a minor for any reason, criminal penalties can be imposed. Islamic law does not prohibit someone from entering into a marriage on condition that they have reached maturity and are able to provide a living, both physical and spiritual. The Baduy traditional community all obeys the rules made by Pu'un. In customary law there are also sanctions if there is a violation. The lightness or severity of the sanctions depends on the type of error or violation
PERSPEKTIF KEBIJAKAN PUBLIK TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 SYARAT CALON WAKIL PRESIDEN PADA PEMILU 2024 Fadilah, Ulvia; Hendrawati, Sulkiah; Saepudin, Eli Apud
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.v4i2.178

Abstract

Constitutional Court Decision Number 90/PUU-XXI/2023 is seen as a critical decision that is very debatable and controversial in the political view of public policy and goes beyond the authority of the Constitutional Court itself. The purpose of this study is to review the public policy perspective of the constitutional court's decision which is very interesting to review and examine. This research emphasizes the use of normative legal research, conceptual approaches, perceptions of public policy and this research method is qualitative analysis. The results of this study indicate that the Constitutional Court Decision Number 90/PUU-XXI/2023 must be constructed separately from the controversy that accompanied it and must be institutionalized constructively. The suggestion presented in this paper is the need for prior socialization of the public policy contained in the Constitutional Court Decision Number 90/PUU-XXI/2023

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