cover
Contact Name
Ujang Hibar
Contact Email
ujanghibar93@gmail.com
Phone
+628122118876
Journal Mail Official
resjustitia@gmail.com
Editorial Address
Fakultas Hukum Jl. Raya Serang – Jakarta KM.3 No.1B (Pakupatan) Kota Serang Provinsi Banten
Location
Kota serang,
Banten
INDONESIA
Jurnal Res Justitia : Jurnal Ilmu Hukum
ISSN : 27748146     EISSN : 27748138     DOI : https://doi.org/10.46306/rj
Core Subject : Social,
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
ANALISA SENGKETA DAGANG INDONESIA DENGAN UNI EROPA DALAM PERKARA NOMOR DS592 Hidayat, Deden; Adiwibowo, Yusuf
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.v5i1.239

Abstract

This writing examines Case Number DS592 concerning the Nickel claim. This dispute involves Indonesia and the European Union. Trade settlement between Indonesia and the European Union has not yet reached its final point. Retaliation will be difficult to implement because developing countries are still very strong against developed countries. If we look at the case of Indonesia and the European Union in storing the DS592 number, it is possible that the European Union will retaliate against Indonesia for the losses it experienced in obtaining nickel. Based on the urgency that this case could disrupt the stability of international trade, the author will examine the principles, principles and regulations to come up with recommendations that can be used in resolving the settlement. The author concludes that steps that can be taken by Indonesia are to increase domestic competitiveness by increasing the scale of investment in the nickel downstream industry so that the domestic mining and mining materials processing industry will increase
ANALISIS PERAN MAHKAMAH KONSTITUSI DALAM PERLINDUNGAN HAM: TINJAUAN DARI PERSPEKTIF HUKUM TATA NEGARA Nurhayati, Nurhayati; Salamah, Nadiyah; Marsela, Marsela; Khaerani, Naela Faiza; Maydikta, Rizka
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.v5i1.241

Abstract

As a constitutional judicial institution, the Constitutional Court has the main function and task of reviewing laws against the 1945 Constitution, to ensure that current policies do not violate citizens' rights such as freedom of expression, educational rights and individual rights. The Constitutional Court has the authority to cancel laws that violate the constitution through a judicial review mechanism (Ashfiya et al., 2024). The articles on human rights in the 1945 Constitution show that Indonesia is a legal state that is committed to recognizing and respecting human rights. The 1945 Constitution also gives the Constitutional Court the authority to conduct judicial review in order to protect and guarantee human rights. The Constitutional Court not only has the authority as an institution to guard the constitution, but also has the authority to examine laws (Saldi Isra, 2024)
HAK CUTI HAID DALAM PERSPEKTIF HUKUM KETENAGAKERJAAN Ardini, Mira; Fatriany, Fenny
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.v5i1.245

Abstract

Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan regulates the right to access employment, including specific provisions for women. However, the implementation of these regulations in practice remains suboptimal. Menstrual leave rights are often considered insignificant by labor unions, making them rarely advocated. This study aims to examine the regulation of menstrual leave rights in the Undang-Undang Ketenagakerjaan and to compare the gaps between the existing regulations and their implementation. The findings and discussions reveal a discrepancy between the provisions of the Undang-Undang Ketenagakerjaan and their actual application in the field. For instance, at PT. Asera Tirta Posidonia, the majority of female workers are unaware of their rights regarding menstrual leave. Therefore, concrete steps are needed to bridge this gap. The government must strengthen oversight of the implementation of the Undang-Undang Ketenagakerjaan, particularly concerning menstrual leave rights, and companies should actively disseminate information to female workers about their rights.
PERANAN JAMINAN SOSIAL TENAGA KERJA DALAM PERWUJUDAN PEMBANGUNAN HUKUM TENAGA KERJA DI INDONESIA Oktavia, Mita; Fatriani, Fenny
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.v5i1.246

Abstract

Increasing the quality of production power and the level of welfare of the Indonesian people by focusing on labor is still ongoing, the government is implementing Law Number 3 of 1992 concerning Social Security for Workers with regulations regarding protection for workers in order to reduce the possibility of reduction to the loss of the ability to work and labor income due to the possibility of illness, disability, accidents and even death. Then, with the implementation of this social security program for workers, what is its role in the development of the complete workforce and the comprehensive development of Indonesian society as a form of embodiment of the development of labor law in Indonesia. The role of social security for workers in realizing the development of labor law in Indonesia is considered very crucial as mentioned in a normativejuridical research, the role of social security is very crucial, in order to achieve the objectives of this program, there must be increased understanding of the benefits of social security as well as expanding access for all workers, including workers in the informal sector. Apart from that, this program also acts as a manifestation of legal certainty to create stability in work relations which creates the realization of higher quality legal development in Indonesia.
PHK SEPIHAK: PROSEDUR, HAK PEKERJA, DAN PENYESELAIANNYA SECARA HUKUM Abd Jalil, Moh Fadhel; Fatriani, Fenny
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.v5i1.247

Abstract

Unilateral Termination of Employment (PHK) is one of the problems that often arise in industrial relations in Indonesia. Unilateral layoffs occur when one of the parties, both employers and workers, terminates the employment relationship without going through a mutual agreement or without a valid reason in accordance with the provisions of the law. The unilateral layoff process is regulated in Law Number 13 of 2003 concerning Manpower, which provides protection to workers, both in its implementation procedures and the rights that must be given. Even so, the implementation of unilateral layoffs often causes disputes between workers and employers. Therefore, the resolution of unilateral layoff disputes can be carried out through mediation, conciliation, or arbitration, which is regulated in Law No. 2 of 2004 concerning Industrial Relations Dispute Resolution. . This study aims to examine the procedure for unilateral layoffs, workers' rights in unilateral layoffs, and the mechanism for resolving unilateral layoff disputes in accordance with applicable laws in Indonesia.
PERAN DELIK KESUSILAAN DALAM MELINDUNGI MORALITAS DAN NORMA SOSIAL Nafelita, Chiesa Almeyda
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.v5i1.248

Abstract

The development of modern society has brought significant social changes in various aspects of life. One aspect that has been affected is morality and social norms. Morality and social norms are the ethical foundations that govern individual behavior and social interactions in society. However, with technological advancements and changing social values, there are new challenges in preserving morality and social norms. In this article, the author explores the role of offenses against decency in protecting morality and social norms. Decency encompasses a set of values and principles that regulate sexual behavior and interpersonal relationships. This article employs a normative research method by analyzing theories and relating them to legal norms, which are closely intertwined with legislation and regulations. The results of this analysis state that offenses against decency play an important role in protecting morality and social norms. Through the appropriate application of the law, offenses against decency can help maintain moral values that are considered important in society.
HUKUM DAN PERUBAHAN SOSIAL: STUDI SOSIOLOGI HUKUM TENTANG PERAN GENERASI Z DALAM REFORMASI KEBIJAKAN PUBLIK Habibullah, Fayyad
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.v5i1.249

Abstract

The formulation of the Successor heirs is regulated in article 185 of the Compilation of Islamic Law, This research examines the role of Generation Z in public policy reform through digital technology, focusing on the sociology of law. Generation Z utilizes social media and digital platforms to advocate for legal changes, creating a new space for more inclusive and direct social participation. The impact of digital technology in social movements has transformed the relationship between law, technology, and society, making law more responsive to social dynamics. This study contributes to the theory of sociology of law, offering a more dynamic perspective based on the digital behavior of the younger generation. The findings are expected to enrich the sociology of law and provide recommendations for policymakers to accommodate Generation Z's active role in the policy reform process.
ANALISIS PENATAAN REGULASI INVESTASI DI INDONESIA MELALUI UNDANG-UNDANG OMNIBUS LAW UNTUK MENJAMIN KEPASTIAN HUKUM Saputri, Alfiyana; Ushsholikhah, Iva; Munawaroh, Rizka Khoridatul; Rismaeni, Raisya Erta
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.v5i1.250

Abstract

Investment regulations in Indonesia often face the challenge of disharmony and overlap between regulations, which results in legal uncertainty and hampers investment flows. This study aims to evaluate the impact of implementation of the Omnibus Law on legal certainty in investment within Indonesia. The methodology employed is normative legal research with a focus on statutory regulations, utilizing secondary data obtained from existing literature. The research results show that the Omnibus Law simplifies various regulations related to investment, improves bureaucracy, and reduces conflicts between regulations. However, its implementation still raises controversy, including the potential for neglecting the protection of workers' rights and the environment, as well as conflicts with old regulations. Based on the theory of legal certainty, the application of the Omnibus Law can provide legal clarity and stability that supports the investment climate. Clear and integrated regulations are an important factor in attracting the interest of domestic and foreign investors. The research conclusion states that structuring regulations through the Omnibus Law provides significant opportunities to increase investment in Indonesia, but must be balanced with effective supervision so that implementation does not violate the principles of justice and legal protection. Therefore, the Omnibus Law has the potential to serve as a longterm solution for national economic development, provide that the challenges in its execution implementation can be addressed.
PERJANJIAN KERJA DAN PERLINDUNGAN HAK KARYAWAN PERSPEKTIF HUKUM KETENAGAKERJAAN Maulana, Puja; Fatriani, Fenny
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.v5i1.255

Abstract

The employment agreement is the legal basis that regulates the relationship between employers and employees in the world of employment. In this context, protecting employee rights is crucial to ensuring welfare and justice in the workplace. This article aims to analyze employment agreements from a labor law perspective, with a focus on the aspect of protecting employee rights. Through a normative approach, this research explores various regulations governing employment agreements, including employment law and company regulations. In addition, this article discusses the challenges faced in implementing the protection of employee rights, such as unfairness in employment agreements and lack of law enforcement. The research results show the importance of collaborative efforts between governments, employers and labor unions to create a fair and sustainable work environment. The conclusions of this study emphasize the need for more comprehensive labor policy reform to protect employee rights and strengthen harmonious industrial relations.
IMPLEMENTASI KEBIJAKAN PERLINDUNGAN KETENAGAKERJAAN UNTUK MENINGKATKAN KESEJAHTERAAN PEKERJA Darmawan, Muhamad Adi; Fatriani, Fennny
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.v5i1.256

Abstract

Employment is an important aspect in the economic and social development of a country. In Indonesia, employment protection policies aim to guarantee workers' basic rights, create a safe and healthy work environment, and provide legal certainty in industrial relations. The Indonesian government has established various employment regulations, such as Law Number 13 of 2003 concerning Employment and policies related to social security through BPJS Employment and wage policies. This policy is expected to improve worker welfare and reduce risks in the world of work. However, the implementation of this policy in the field often faces various challenges, ranging from lack of supervision, company non-compliance, to workers' lack of understanding of their rights. This article will review how existing employment protection policies in Indonesia are implemented, the challenges faced in their implementation, as well as strategies for optimizing these policies so that they can contribute directly to improving worker welfare.