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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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TINJAUAN HUKUM PERATURAN PEMERINTAH NOMOR 5 TAHUN 2021 TENTANG PENYELENGGARAAN PERIZINAN BERBASIS RISIKO TERHADAP INVESTASI BERBASIS OSS (ONLINE SINGLE SUBMISSION) Asna, Royatul; Sadiyah, Karisma Aliatus
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.v5i1.257

Abstract

This paper discusses Government Regulation Number 5 of 2021 concerning the Implementation of Risk-Based Licensing, which aims to create a better investment climate in Indonesia. By categorizing business activities into low, medium, and high risk categories, the government seeks to accelerate the licensing process and encourage economic growth without neglecting environmental protection. This study uses a legislative and sociological approach to analyze the social impact of implementing risk-based licensing on society. Through a literature study, data were collected from related laws and regulations and literature, which were then analyzed qualitatively. The results of the study show that the risk-based licensing system, supported by the Online Single Submission (OSS) platform, not only simplifies the licensing process for business actors, but also increases transparency and public trust, and reduces corrupt practices. This study is expected to provide a comprehensive picture of the implementation of risk-based licensing and its contribution to investment in Indonesia.
PERLINDUNGAN HUKUM ASISTEN RUMAH TANGGA : STUDI KETERBATASAN DALAM UNDANG-UNDANG KETENAGAKERJAAN Khalida, Diyah; 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.v5i1.258

Abstract

Household Assistants (ART) are a group of workers who have an important role in household life in Indonesia. The Labor Law in Indonesia, which should be a legal umbrella for all workers, does not fully provide adequate protection for domestic assistants. The unclear legal status of ART in Indonesia shows the urgent need for reform in labor regulations. With the ratification of the PPRT Bill and harmonization of national policies, it is hoped that the rights of household members can be more recognized and protected fairly throughout Indonesia. This article aims to weaken restrictions on the protection of domestic helpers in employment law. This type of research is normative legal research, which is carried out by analyzing statutory regulations relevant to certain legal issues.
ANLISIS KASUS UPAH LEMBUR DI PT SAI APPAREL INDUSTRIES: TINJAUAN PELANGGARAN DAN HAK PEKERJA Nurwahid, Muhammad Humam Hikmah; 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.v5i1.259

Abstract

The issue of paying overtime wages is an important issue in Indonesian employment that is often ignored by companies, including in the case of PT SAI Apparel Industries. This article analyzes alleged violations of overtime pay committed by companies against their employees using a juridical and normative approach. Based on statutory regulations, in particular Article 78 paragraph (2) and Article 85 of the Manpower Law and PP Number 35 of 2021, companies are obliged to pay overtime wages in accordance with applicable regulations. However, it was found that PT SAI Apparel Industries did not record overtime hours properly and did not pay compensation in full, violating workers' rights to a living wage. These violations not only impact workers' welfare but also cause dissatisfaction and have the potential to lead to industrial conflicts. To resolve this case, steps such as mediation through the Manpower Service, filing a lawsuit with the Industrial Relations Court, and strict supervision by the government are proposed as solutions. In addition, companies need to increase transparency in working time management and ensure compliance with regulations. Enforcing workers' rights to overtime pay is a crucial step in building harmonious industrial relations and creating justice for both parties.
PENYELESAIAN SENGKETA KONSUMEN PADA BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) KOTA BANDUNG Arimba, Cahya Iradi; Mutakin, Dede
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.v5i1.260

Abstract

Consumer protection issues have become a frequent topic of discussion in society today. Many consumers feel disadvantaged by the actions of business actors, making consumer protection an important issue. Often, consumers' rights are neglected by business actors, leaving a sense of dissatisfaction among consumers. According to the law, consumers have the right to file complaints with the Consumer Dispute Settlement Body (BPSK). This research uses a normative legal approach with descriptive analysis based on data collection. A qualitative research method is applied through inductive analysis to gather and explore various relevant facts. The establishment of the Consumer Dispute Settlement Body (BPSK) aims to provide effective protection for both consumers and business actors by designing a protection system that guarantees legal certainty and transparency. In the city of Bandung, the Consumer Dispute Settlement Body (BPSK) has four stages of dispute resolution, starting with Registration of Complaints, Pre-Trial, Trial, and Verdict.
PENYELESAIAN SENGKETA MENGENAI ADANYA SERTIFIKAT GANDA TERHADAP HAK MILIK ATAS TANAH SERTIFIKAT (DI DESA TANJUNG JAYA) Caesarrio, Adzan Dylan
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.v5i1.266

Abstract

Land is a basic need for every human being. therefore, land is often the object of disputes. Land disputes that occur on the basis of certificate forgery are rife in Indonesia. This happens because the price of land is expensive and there are still many landowners who have not registered their land and the local community the government and the National Land Agency are less careful in issuing certificates because there is no certified land data. So, when fraud occurs in the issuance of land certificates, no one knows from the beginning, but when the land is about to be sold, then a land dispute arises. As for the formulation of the problem in writing this skrispi is How is the legal regulation of the position of the certificate in the mastery of land rights? How is the settlement of land disputes regarding the existence of multiple certificates on land ownership rights in Tanjung Jaya village? And tunjuan in this study To find out the legal arrangements about the position of the certificate in the mastery of land rights, To find out how to resolve disputes over double certificates on land rights in Tanjung Jaya village. The method used in this research is normative juridical legal research. The data used are sourced from primary and secondary legal sources, interviews, and literature studies. The thinking process is used inductively in this research. The results of this study concluded that Mr. Maman paid for the land from Mr. Maman. pak santa as the owner of the old certificate with a sum of money 100,000,000. there are several processes being carried out to resolve land disputes regarding multiple certificates. In addition, the way to resolve land disputes regarding the existence of duplicate certificates can only be done through court channels or through out-of-court channels. Hopefully, land disputes related to duplicate certificates will no longer occur in Indonesia.
TINJAUAN NORMATIF TERHADAP PENYELESAIAN WANPRESTASI SEWA MENYEWA KAMAR HOMESTAY ANTARA PEMILIK DAN PENYEWA HOMESTAY DI TANJUNG LESUNG KABUPATEN PANDEGLANG Darmana, Maman Dana
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.v5i1.267

Abstract

The purpose of writing this thesis is to find out and analyze the normative review of the settlement of default on the lease of homestay rooms between homestay owners and homestay tenants in tanjung lesung pandeglang district? As for the formulation of the problem in writing this thesis is How is the implementation of default in leasing rooms between homestay owners and homestay tenants in tanjung lesung pandeglang district? What obstacles are faced in default of homestay lease in pandeglang district? Efforts to resolve defaults in homestay leases between homestay owners and homestay tenants in tanjung lesung pandeglang district? The research method used is the research used by the author is a type of research that is normative or literature. Normative is research that places the law as a building system of norms, the system of norms built is about the principles, norms, rules of legislation, court decisions, agreements, and doctrines (teachings). The results of the study concluded that the implementation of the homestay lease to the owner of the homestay tenant in Pandeglang Regency is carried out by entering into an agreement with the tenant, the renting party. Obstacles in default of lease of homestay rooms between the owner and the tenant in Tanjung Lesung, Pandeglang Regency, namely in the implementation of tenants who have made payments but have not seen the room. directly because the booking is done online. Efforts made in resolving defaults in renting homestay rooms to homestay owners and tenants of homestay rooms in Tanjung Lesung, Pandeglang Regency, namely by means of deliberation in a family manner until they find a result that has Both parties agree that the legal consequences of tenants are negligence of tenants requiring compensation, and the peace efforts of homeowners are to issue warnings and warnings to tenants in the form of kinship, and immediately resume the obligation to pay boarding rent according to the agreement in the agreement.
PERSPEKTIF HAK ASASI MANUSIA TERHADAP PERKAWINAN BEDA AGAMA DI INDONESIA Mauliani, Siti Mauliani; Wijayanti, Septi Nur
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.v5i1.268

Abstract

Interfaith marriage has become a phenomenon that presents debate in community groups, according to the law interfaith marriage is not a valid marriage, it is regulated in the constitution. Therefore, this writing specifically focuses on how the human rights perspective views the phenomenon of the prohibition of approval of interfaith marriage, then aims to be a comprehensive study related to the mechanism of implementing human rights in the policy of prohibiting interfaith marriage. The prohibition of interfaith marriage is not a form of violation of the constitution but rather a form of the state exercising its authority, namely the Limitation of Human Rights.
TANGGUNG JAWAB PEMILIK INDEKOST TERHADAP KEHILANGAN BARANG PENYEWA INDEKOST BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Prasetya, Lucky; Agus, Dede; Efriyanto, Efriyanto
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.v5i1.270

Abstract

This research discusses the legal responsibility of boarding house owners for the loss of tenants' goods based on Law Number 8 of 1999 concerning Consumer Protection. Boarding house rental agreements are often made verbally without clarity on the boarding house owner's responsibility for the loss of the tenant's belongings. Based on an analysis of Articles 1709 and 1710 of the Civil Code and Article 19 of the Consumer Protection Law, boarding house owners are obliged to provide protection for tenants' belongings. The research uses empirical juridical methods by collecting primary and secondary data through field and literature studies. The research results show that loss of goods at boarding houses often occurs due to boarding house owners' negligence in providing adequate security facilities. Legal efforts and consumer protection are the keys to overcoming this problem.
TINJAUAN YURIDIS KOMPETENSI RELATIF PENGADILAN NIAGA TERHADAP PUTUSAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG PT. PEMBANGUNAN PERUMAHAN BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Al Fani, Muhammad; Fauziah, Faridatul; Efriyanto, Efriyanto
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.v5i1.271

Abstract

PT Pembangunan Perumahan is a state-owned enterprise (BUMN) structured as a limited liability company with shares divided between government ownership and public ownership in the form of common shares. PT Pembangunan Perumahan has a legal relationship with CV Surya Mas through an agreement regarding project work, which includes provisions on dispute resolution specifying a mutually agreed-upon jurisdictional domicile that is binding on both parties. However, a conflict arose when the Commercial Court, which actually lacks authority in this matter, granted a request for a Suspension of Debt Payment Obligations (PKPU) solely due to the jurisdictional choice specified in the agreement. This study identifies questions such as: what is the strength of a cooperation agreement that includes the selection of legal domicile in dispute resolution concerning a case of debt payment suspension at the Commercial Court? Furthermore, what were the considerations of the judge in Decision Number 9/Pdt.Sus-PKPU/2023/PN Niaga Mks, regarding the legal domicile of PT Pembangunan Perumahan according to applicable law? This research utilizes legal certainty theory and employs a normative juridical method. The acceptance of the PKPU petition for PT Pembangunan Perumahan does not comply with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, Article 3, Paragraphs (1) and (5), which should consider the debtor's domicile. Law Number 37 of 2004 on Bankruptcy and PKPU is specialized law; thus, it does not allow for a choice of law in bankruptcy and PKPU petitions. In PKPU cases, the Commercial Court is not bound by the legal jurisdiction and domicile chosen in the agreement between the parties.

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