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Ujang Hibar
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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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MODEL PEMBERDAYAAN HUKUM UNTUK PENGELOLAAN GOA PINDUL BERKELANJUTAN Rismawati, Shinta Dewi; Azkiya Thoha, Silvia Milady; Sumbogo, Yuliarto Joko; Sasongko, Supomo Ari
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.v5i1.203

Abstract

The existence of Pindul Cave has led to ongoing conflicts due to the involvement of multiple parties. This paper aims to analyze the underlying causes of conflict in the management of Pindul Cave and propose legal empowerment strategies to reduce these conflicts, using a legal systems theory approach. The research employs an empirical juridical methodology, focusing on a case study of Pindul Cave management, and gathers both primary and secondary data through interviews, observations, and documentation studies. The data analysis is conducted using an interactive model. The findings reveal that the primary source of conflict in the management of Pindul Cave tourism stemmed from a land ownership dispute between Atiek Damayanti and the previous tourism manager. This dispute escalated, involving multiple parties on a relatively large scale. The conflict was primarily fueled by a power struggle over the management of Pindul Cave. To address these issues, the legal empowerment model, approached from a legal systems perspective, suggests that by considering the law as an integrated system incorporating legal substance, structure, and culture. It may be possible to reduce conflicts in the management of Pindul Cave as a natural tourist attraction.
PERIODE PERKEMBANGAN KEKUASAAN KEHAKIMAN DI INDONESIA SETELAH MERDEKA (TELAAH UNDANG- UNDANG TENTANG KEKUASAAN KEHAKIMAN) Faisal, Ahmad
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.v5i1.204

Abstract

The law always changes along with the changing times. In an effort to respond to changes in the law, the judicial power should also change so that it can accommodate changes in the times and laws that occur. Since Indonesia's independence, there have been changes in laws related to judicial power. This research is library research using laws related to judicial power as the study material. From the results of the research conducted, it is known that changes in the judicial power law have occurred six times since Indonesia's independence. Currently, the judicial power has been divided into several parts, namely the Supreme Court with district courts, religious courts, state administrative courts and military courts and the Constitutional Court. In addition to these two institutions, there is also the Judicial Commission.
TINJAUAN KRITIS ZAKEN KABINET DALAM PEMERINTAHAN PRABOWO SUBIANTO TERHADAP STRUKTUR DAN EFEKTIFITAS PEMERINTAHAN SEBAGAI KAJIAN HUKUM TATA NEGARA Priandana, Nugraha Gading; Wahyudi, Rizky; Fauzani, Najua; Mabilla, Anung
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.v5i1.206

Abstract

An effective government structure is essential to achieving good governance as mandated by the constitution. This article examines the concept of Zaken Cabinet as an approach that prioritizes professionalism and competence in governance and its relevance in the context of Indonesia's constitutional law. Referring to Article 17 of the 1945 Constitution and Law No. 39 of 2008, the study explores challenges in implementing the Zaken Cabinet, including political resistance and the need for institutional reform. This approach is believed to enhance governmental efficiency and transparency by reducing political interference in decision-making processes. Through a qualitative methodology based on literature review, the article identifies that the success of a Zaken Cabinet depends on inter-agency coordination, the formulation of a national strategic agenda, and strengthening political support. Therefore, this model presents an innovative solution to address the complexity of governance in Indonesia
HUKUM WARIS ADAT MANGGARAI DAN HUKUM WARIS DALAM HUKUM POSITIF DARI PERSPEKTIF KESETARAAN GENDER Yeyen Andaru, Viktoria; Jemarut, Wihelmus
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.v5i1.207

Abstract

The customary inheritance law system in Indonesia regulates the distribution of inheritance based on local cultural norms. In regions like Manggarai, East Nusa Tenggara, the dominant patrilineal system causes gender inequality in inheritance distribution, prioritizing male heirs while females receive only symbolic gifts. Although Indonesia's positive law guarantees equal inheritance rights, customary practices that favor males hinder the effective implementation of gender equality. This qualitative study, using document analysis, in-depth interviews, and participatory observation, explores the interaction between customary and positive law and the application of gender equality in inheritance. The findings reveal a tension between male-preference cultural norms and the gender equality principles in positive law. Achieving better gender equality in inheritance requires collaboration between the government, customary communities, and legal institutions, along with effective socialization of women's rights in both legal systems to ensure fairer and more equitable inheritance distribution.
PERAN JASA PERBANKAN DALAM MENGATASI KETERBATASAN PEMBIAYAAN DAN MENINGKATKAN LITERASI KEUANGAN UMKM DI INDONESIA Herlambang, Herlambang
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.v5i1.210

Abstract

This study aims to analyze the role of banking services in supporting the growth of Micro, Small, and Medium Enterprises (MSMEs) in Indonesia, focusing on addressing financing barriers and improving financial literacy. The issues discussed include limited MSME access to financing and low financial literacy among business actors. The research employs a qualitative descriptive analysis method using secondary data from journals, reports, and official publications. The findings reveal that banking plays a vital role in overcoming financing challenges through flexible product offerings, the use of digital banking services, and participation in MSME development programs. Moreover, financial literacy improvement is achieved through training programs, technology-based outreach, and innovative educational approaches like gamification. These solutions not only enhance MSMEs' access to banking services but also strengthen their financial management capabilities. The study concludes that banks play a strategic role in fostering MSME growth through inclusive and educational approaches. Collaboration among banks, MSMEs, and regulators is expected to sustainably address financing and financial literacy challenges.
IMPLEMENTASI PATEN (PELAYANAN ADMINISTRASI TERPADU KECAMATAN) DALAM PENYEDERHANAAN BIROKRASI PERIZINAN Kusumaningsih, Rila
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.v5i1.212

Abstract

Public services with good service standards are one of the government's strategies to interact directly with the community. One of the public services is the Integrated Sub-district Administration Service (PATEN) where the public service delivery system is in the same location in a sub-district that also has a permit for its public service. The research method used is the normative legal research method or legal research method based on literature studies, focusing on the study of written legal sources such as laws, government regulations and related legal documents. Legal materials are from primary, secondary, and tertiary materials including laws and regulations, scientific journals, books, and legal guides and use the relevant statutory and regulatory approaches. Public service activities carried out by individuals or organizations in the form of goods and services to the community give rise to permits in the form of implementing laws and regulations. The PATEN policy originates from the center and is designed to be implemented uniformly throughout Indonesia and facilitates community involvement. The implementation of Integrated Sub-district Administrative Services is a strategic step in improving the quality of public services in Indonesia, with an emphasis on the principles of transparency, accountability, efficiency, and community participation. PATEN is designed to simplify the administration and licensing process, so that the public can access services more easily and quickly. PATEN is expected to support good governance and meet community expectations for public services.
ANALISIS HUKUM TERHADAP PUTUSAN PN MEDAN NOMOR 637/PDT.G/2017/PN.MDN TENTANG WANPRESTASI DALAM PERJANJIAN UTANG PIUTANG Darmawan, Said Hendri
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.v5i1.214

Abstract

The study reveals the complexity of legal issues related to debt agreements, especially in the context of proving and assessing elements of default. An in-depth study of this court settlement provides a significant contribution to understanding the application of the principles of contract law and the interpretation of judges in resolving contractual settlements. As well as the importance of clarity of agreement clauses, good faith for the parties, and proportional settlement mechanisms in debtor-debtor legal relations. Recommendations submitted include the need to develop more comprehensive legal interpretation guidelines in assessing defaults.
KAJIAN PRINSIP KEADILAN HUKUM DALAM ASAS LEGALITAS HUKUM PIDANA ISLAM Mahfudz, Yudia
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.v5i1.217

Abstract

The principle of legality is one of the principles that has the most basic position, making it a main principle in criminal law. The principle of legality in criminal law has limitations in advocating values related to legal justice. The aim of this research is to find out how the benefits of the principles of legality of Islamic criminal law are used as a basis for updating the content of current law. The method used in this research is Normative Law which discusses the principles related to legal justice contained in the principles of legality of Islamic criminal law which will be researched comprehensively and exploratoryly. The results of this research state that the principle of legality of Islamic criminal law has a strong relationship with religious principles because it comes from a clear source, namely the Al-Qur'an. So, this principle has power related to spirituality and flexibility. Islamic criminal law has flexibility in its implementation because it has classifications regarding the efficiency of non-criminal acts.
AHL AL HADITS DAN AHL AL RA’YI Diah Sugiarti, Lilis; Muhammad Yusup, Rangga; Anwar, Syahrul
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.v5i1.218

Abstract

This research discusses two main schools of thought in the development of Islamic law, namely Ahl al-Hadith and Ahl al-Ra'yi, which were prominent in the early period of the formation of fiqh. Ahl al-Hadith emphasizes the importance of the authority of Islamic texts, especially the Koran and hadith, in establishing law. They tend to reject the use of independent reasoning or ijtihad outside these sources, for fear of deviating from original teachings. In contrast, Ahl al-Ra'yi opens up more space for logical reasoning and analogies (qiyas) in addressing legal issues that are not explicitly regulated in the text. They consider ijtihad important to respond to new situations that arise in society. This difference reflects the tension between literal and rational approaches in Islamic law, which later influenced the formation of schools of fiqh such as the Hanafi School and the Hanbali School. This article aims to outline the methodological differences between these two schools and their impact on the development of classical and contemporary Islamic law.
SEJARAH SOSIAL IMAM MALIK Anwari, Amalia Nur; Hasanuddin, Maulana; Anwar, Syahrul
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.v5i1.219

Abstract

This research discusses how the social history of Imam Malik Imam Malik bin Anas (711-795 AD), is one of the most famous Islamic scholars in history. He also created the Maliki school, which is one of the four most important schools of Islamic fiqh. Imam Malik was born in Medina, a place rich in religious and intellectual traditions, which shaped his thinking. He is known for his unique method of ijtihad, which prioritizes the practices of the people of Medina as a source of law, and integrates hadith and the opinions of the Prophet's companions. His famous work, Al-Mudawwanah, is an important reference in the study of fiqh and shows his deep thoughts on justice and public interest (maṣlaḥah). Imam Malik also emphasized the importance of morals and morals in the application of law. He still influences the development of Islamic law and is a reference for many Muslims around the world. Imam Malik contributed greatly to the understanding and practice of Islamic law to this day by utilizing a balanced approach between text and context. This article aims to find out how the social history of Imam Malik's journey.

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