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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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HUKUM ADMINISTRASI NEGARA DALAM UPAYA PEMBERANTASAN KORUPSI DI SEKTOR PUBLIK: STUDI KASUS E-KTP Jamilah, Jamilah; Adiyati, Noor; Sugiyarti, Anita
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): 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.v5i1.150

Abstract

This article investigates state administrative law in eradicating corruption. Corruption has plagued Indonesia for a long time. Even after the 1998 reforms, the democratization process was unable to suppress the symptoms of corruption. This research seeks to answer the important question of how regulations and policies amidst widespread corruption have eroded public trust in various sectors of society. Analysis of media coverage and secondary data was carried out to highlight E-KTP corruption case studies based on three main approaches: legal, institutional, and political. The results of the analysis show the need for a more comprehensive approach to examining the root causes of large-scale corruption (grand corruption) including efforts and improvements to cure and reduce corruption cases in Indonesia.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS BARANG TIDAK SESUAI PESANAN DI MARKETPLACE ZALORA Ardila, Revi; Setianingrum, Reni Budi
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): 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.v5i1.151

Abstract

In today's era of globalization, everyone has the convenience of accessing everything, one of which is online buying and selling transactions (e-commerce). Marketplace is one of the forms of e-commerce development. The content in the marketplace itself has a wide variety of products and prices accompanied by specifications of the product conditions offered. However, due to the absence of direct meetings, there are often negligence and fraud committed by business actors to consumers which of course is very detrimental to consumers. In advertising products on the marketplace, sellers must provide detailed and accurate information about the goods sold in order to fulfill consumer rights. Consumers who receive products that are not in accordance with their orders can be caused by negligence or fraud by business actors. This study aims to examine legal protection and legal consequences if consumer rights are not fulfilled by business actors. The type of research used by the author is normative juridical by means of literature data collection and qualitative data analyst techniques.
TANGGUNGJAWAB HUKUM PERDATA DOKTER GIGI DALAM MENJALANKAN PRAKTIK AKIBAT PERBUATAN MELAWAN HUKUM Qotrunnada, Zumar Salma; Saputra, Rizki Adi; Nugroho, Fajar Tri; Yuni Lestari, Ahdiana
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): 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.v5i1.152

Abstract

The dentist profession is a profession that carries great risks. The reason is, a dentist has the responsibility to carry out medical procedures on his patients properly with the aim of curing or providing medical assistance to the patient. However, quite a few dentists commit negligence or medical malpractice which can cause harm to their patients. Therefore, dentists must be legally responsible for their actions, whether from civil law, criminal law, or other regulations relating to the profession of dentists. This article examines the legal consequences and responsibilities of dentists if medical malpractice occurs. This writing uses a type of juridical research sourced from secondary data which includes primary and secondary legal materials.
ANALISIS KEABSAHAN NASIONALISASI DIKAITKAN DENGAN KEDUDUKAN DAN HUBUNGAN HUKUM NASIONAL DENGAN HUKUM INTERNASIONAL (KASUS NASIONALISASI PERUSAHAAN TEMBAKAU TAHUN 1958) Nurhakim, Muhammad Raihan
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): 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.v5i1.156

Abstract

A country could nationalize foreign-owned companies in its country for the purpose of the country's economic interests. The Nationalization is only legal if it is followed by the payment of compensation in accordance with applicable international law. However, some countries may suffer paying compensation problems for various reasons so that the compensation provided does not comply with the principles of international law. One of these cases was experienced by Indonesia in 1958 when it nationalized Dutch-owned tobacco companies. The nationalization carried out based on Indonesian laws and regulations at that time was considered invalid because the compensation mechanism was contrary to the principles of international law by the Dutch. In this case, there is a conflict regarding the position of Indonesian national law of the nationalization of foreign companies and international law of legal principles regarding compensation. This research is normative legal research, that is doctrinal legal research to find legal rules, legal principles, as well as legal doctrines and concepts based on secondary data to answer and explain the legal problems faced. The research shows that the nationalization carried out by Indonesia based on its laws and regulations remains legal because the condition of the Indonesian economy does not allow for compensation in accordance with applicable international legal principles. This result is in accordance with and can be explained by the theory of primate monism of national law which states that national law has a higher position than international law.
ASAS KEWARGANEGARAAN GANDA ANAK DARI HASIL PERKAWINAN CAMPURAN Wahyu, Diky; Qolba, Farikha Dawaa’a; Maharani, Chaesar Putri
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): 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.v5i1.159

Abstract

With the enactment of Law No.12 of 2006 on the nationality of the Republic of Indonesia, which allows dual citizenship for children of mixed marriages, these children must comply with the jurisdictions of two different countries. The problem arising in international civil law is determining which country's law applies to their personal status. A possible solution for dual nationality children is that if they have habitual residence in Indonesia, which aligns with one of their nationalities, then Indonesian law will apply to their personal status. Conversely, if they have habitual residence abroad, they will be treated as foreign nationals.
KEWENANGAN YURIDIS KOMISI PENYIARAN DALAM PENGAWASAN KONTEN PENYIARAN BERBASIS INTERNET TELEVISI DAN RADIO Priatna, Achmad Nashrudin
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): 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.v5i1.171

Abstract

Broadcasting is growing along with the development of communication and information technology. Broadcasting is generally carried out through electronic mass communication media, namely radio and television, which disseminate their broadcasts using radio wave frequencies. Along with the times, broadcasting uses internet-based media to disseminate its broadcasts. However, there are problems requested in the Constitutional Court Decision Number 39/PUU-XVIII/2020, where entrepreneurs engaged in the broadcasting business using the radio frequency spectrum requested that the Broadcasting Law not only be imposed on broadcasting using the frequency spectrum but also on internet-based broadcasting content service providers. In connection with this, this research is aimed at analyzing and knowing the supervisory authority between Internet-Based Broadcasting Content Service Providers and Content Services Through Television and Radio Spectrum Perspective of Positive Law and Constitutional Court Decision No. 39/PUU-XVIII/2020. The research found that the supervisory authority of internet-based broadcasting content service providers is not regulated in ITE Law nor in Broadcasting Law, so the broadcasting code of conduct regulated in Broadcasting Law and derivative regulations issued by KPI cannot reach social media platform broadcasts. Meanwhile, broadcasting content service providers through radio and TV spectrum are carried out by the Indonesian Broadcasting Commission (KPI) which is given the authority to supervise broadcasting institutions.
ANALISIS PERAN HAKIM DALAM MENEGAKKAN KEADILAN DAN KEMANUSIAAN Cahyani, Gisella Tiara; Azzahra, Najwa Maulida; Lubis, Rania Faradita; Surya Kusuma, Eduardus Eka
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): 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.v5i1.172

Abstract

The role of judges in upholding justice and humanity is the core of a functioning legal system. Judges have the responsibility to uphold justice, provide fair legal protection to all individuals, and ensure that human rights are respected during the judicial process. In fulfilling their duties, judges must possess integrity, intelligence, and sensitivity to moral values. They must also be able to withstand political, economic, and social pressures that may affect their independence. Furthermore, judges need to understand and apply the law wisely according to the social, cultural, and political contexts. Amidst the complexity of globalization and technological advancements, the role of judges becomes increasingly important in ensuring that justice and humanity are upheld in a changing legal system. Therefore, judges must continuously improve themselves through education, training, and self-reflection to better fulfill their duties effectively.
PENGANTAR ILMU HUKUM Ikhsan , Muhammad; Wahid, St. Hadijah
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): 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.v5i1.180

Abstract

This article discusses the basics of legal science, which includes the concepts, sources and legal systems that apply in Indonesia, as well as the challenges and opportunities in facing the development of globalization and digitalization. The research method used is a qualitative approach with analysis of the latest literature in the last five years. The findings of this research reveal that law is not just a set of written rules, but also reflects dynamic social values and norms. In the Indonesian context, law is influenced by pluralism involving customary law, Islamic law and Western law, creating its own challenges in harmonization of regulations. Apart from that, globalization and digitalization have brought significant changes in various aspects of life, including law. Increasing digital transactions, personal data protection, and developments in information technology demand regulatory updates that are more adaptive and responsive. This study shows that the Indonesian legal system must be able to transform and adopt innovative approaches to address these contemporary issues.
ANALISIS REGULASI HUKUM DALAM PENGGUNAAN TEKNOLOGI ARTIFICIAL INTELLIGENCE (AI) DI LINGKUNGAN BISNIS Febryanti, Salsa Biela
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): 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.v5i1.181

Abstract

The use of Artificial Intelligence (AI) technology is increasingly widespread in various business sectors with various applications, ranging from data analysis to decision making. However, this rapid development also raises several legal issues related to regulations in the application of AI in the business environment. The purpose of this study is to analyze legal regulations in the use of AI technology in the business environment. This research uses a normative legal research method. The data collection technique in this research uses literature study by exploring journals, books, laws and regulations and other information relevant to the research. The data that has been collected is then analyzed using three stages, namely data reduction, data presentation and conclusion drawing. The results show that legal regulations on the use of AI in the business environment in Indonesia are still inadequate, while at the international level the European Union took a big step by establishing rules on how companies use AI which became the first rules for AI in the world. The main challenge is that the legal regulations are still general in nature and do not specifically regulate various aspects of AI use in the business sphere. The use of AI technology in business has an impact on privacy, data security, and intellectual property rights that need to be considered in accordance with the applicable legal framework including Law Number 11 of 2008, Law Number 19 of 2016 and Law Number 28 of 2014 on Copyright.
ANALISIS PERTANGGUNGJAWABAN PIDANA BAGI ANGGOTA KEPOLISIAN YANG TERLIBAT PEREDARAN NARKOTIKA Valid, Wildan; Zuhdy, Mukhtar
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): 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.v5i1.190

Abstract

Narcotics are substances or drugs that cause loss or alteration of consciousness, loss of sensation, reduce or eliminate pain, and can cause dependency. According to data from the National Narcotics Agency (BNN) in Indonesia, the number of narcotics users aged 15-64 years is approximately 4.8 million people. Within this context, there are cases where law enforcement officers, specifically police members, have abused their authority to consume and trade narcotics. This misconduct is exemplified by the narcotics trafficking case involving a high-ranking police officer, Inspector General TM, who violated Article 114 paragraph (2) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics in conjunction with Article 55 Paragraph (1) item 1 of the Criminal Code. Another case was uncovered in the Pacitan Police Resort area involving First Inspector AW, with seized evidence of 571 grams of methamphetamine ready for distribution. This research aims to identify and analyze criminal liability and obstacles in implementing criminal accountability for police officers. This legal research uses normative juridical research and a statutory approach, by examining library materials from primary legal materials, secondary materials, and tertiary legal materials. Based on the research results, police members involved in narcotics cases can be held criminally liable as individuals under the law. The criminal liability of these police members is based on the principle of culpability, in accordance with Law Number 35 of 2009 concerning Narcotics. In addition to criminal penalties, police members found guilty can also be subject to internal disciplinary sanctions, including dishonorable discharge. In terms of implementing criminal liability, there are internal police obstacles, namely weak law enforcement mentality, lack of commitment and awareness, insufficient supervision and guidance, and psychological factors of law enforcement officers themselves.

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