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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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ASPEK HUKUM TINDAK KEKERASAN TERHADAP PESERTA DIDIK OLEH PENDIDIK DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM PIDANA ISLAM Kriswanto Kriswanto
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): 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.v2i1.25

Abstract

Structural violence is systemic and invisible violence, but destructively breeds extreme, widespread and long-term poverty, death and suffering for children. Structural violence, often referred to as system abuse,  can be corrupt practices, collusion and nepotism (KKN), repressive control,  monopolistic  and  exploitative economic practices that harm the state, and in turn create socioeconomic conditions that give birth to and nourish the roots of poverty and social violence against children. One of the portraits of structural violence is child and woman trafficking. They are generally traded for employment in illegal and dangerous places, such as in wild mining, nightlife and prostitution. The problem of the lack of efficiency of various laws (uu) and presidential decrees (Keppres) is as a guarantor of the implementation of child protection assigned in the regulation has no role, and only revolves around cases and penalties, so that interested parties do not receive their rights reasonably. If it already exists then the authorities provide protection against cases of receiving child abuse treatment is actually implemented, then there is no longer any reason for the authorities to protect the party not to carry out its human obligations. This research is done by building a theory that refers to the provisions of the laws and regulations, the opinions of legal experts written in books or scientific journals of legal science. In the research, it also takes the opinion of practitioners, both those who are state apparatus, law enforcement and legal practitioners who are known to be consistently within the scope of criminal law. The research specification is descriptive analytical because the study will reveal and analyze the legal symptoms that exist at this time. In this study described various problems and facts related to reform and criminal law policy.
Rivalitas Suami Istri Dalam Kontestasi Pemilihan Kepala Desa Achmad Nashrudin P; Enjum Jumhana
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): 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.v2i1.26

Abstract

The election of the Village Head (Pilkades) is a democratic phenomenon that has been a tradition since colonial times (Muis, 2006). As a phenomenon, the journey has been long enough until the reign of Joko Widodo period 2. The practice of democracy, requiring deliberation for consensus, based on the belief in family and gotong royong aimed at welfare that contains religious elements, based on truth, love and noble ethics and upholding the principles of democracy is equality, freedom, and pluralism. This paper aims to look at the background of the contestation of husband and wife in pilkades, its influence on the quality of democracy and the quality of political participation of rural communities. Using qualitative methods through phenomenological approaches and descriptive analysis, the results of the analysis, obtained the results of the analysis, that the opportunity to serve more than 2 times as Village Head in accordance with Law No. 6 of 2014 on Villages and the prohibition of single candidates, as well as the will to rule more than 2 times became the main reason husband and wife conducted a "fake" rivalry. Rivalries that ostensibly promote equality, equality and gender bias, undermine and degrade the value of democracy itself
TINDAK PIDANA KORUPSI DITINJAU DARI HAM DI INDONESIA Irwan Sapta Putra
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): 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.v2i1.27

Abstract

This study discusses the problem of corruption related to human rights violations that exist in Indonesia, Human Rights are a set of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gift that must be respected, upheld and protected by state, law, government, and everyone for the sake of honor and protection of human dignity. Eradication of Corruption Crimes carried out by the Corruption Eradication Commission (KPK) is currently being intensively carried out by the KPK, this can be seen from electronic media news, both printed and online. From this news, we can see together that the KPK has never stopped carrying out its duties in eradicating corruption in Indonesia. Even though many perpetrators of corruption have been arrested by the KPK, this does not necessarily eliminate the crime of corruption, even though every year there are criminals who are arrested by the KPK. The arrests of perpetrators of criminal acts of corruption by the Corruption Eradication Commission, ranging from high-ranking state officials such as the Minister and Chairman of the DPR RI to law enforcers (police, prosecutors, judges and advocates) as well as regional officials such as governors, mayors and regents and DPRD members also did not escape the arrests. by the KPK. The crime of corruption is a crime that can be categorized as a crime of gross human rights violation because the impact caused by these criminal acts can disrupt the country's economy and also hinder the development of the country and even these crimes can also disrupt the world economy
PEMBERANTASAN MAFIA TANAH DENGAN MENGGUNAKAN ISTRUMEN HUKUM PIDANA DI INDONESIA Yunawati Karlina; Irwan Sapta Putra
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): 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.v2i1.28

Abstract

Recently, the people of Indonesia were shocked by the news about a top artist Nirina Zubir who had become a victim of the land mafia, as a result, she had to lose her parents' land assets, which was estimated at Rp. 17,000,000,000 (seventeen billion rupiah).  Law enforcement, in this case the Indonesian National Police, has taken a quick and precise step in exposing the crime that happened to the victim of the artist Nirina Zubir  by arresting the perpetrators of the land mafia consisting of his assistants and a notary / PPT who helped multiply the land rights and houses belonging to the artist's parents.   With the rise of land mafia crimes, the question arises how to overcome the land mafia crimes and what are the right steps to eradicate the land mafia. For this reason, this study discusses issues related to eradicating land mafia using criminal law instruments.  The research method in this study uses a statutory approach, a historical approach, and a case approach. While the Type of Research This research is normative legal research. Sources of data in this study using primary, secondary and tertiary data sources. Data collection techniques by means of document/library studies, data analysis is carried out by qualitative juridical methods.  Eradication of land mafia by using criminal law instruments is currently the right method because it can quickly uncover land mafia crimes, we can see this from the disclosure of cases experienced by the meaning of Nirina Zubir  where the police have determined the suspects for the land mafia, but in the future it is necessary to take systematic and organized steps so that the land mafia crime can be eradicated by cooperating with law enforcement agencies and the ministry of ART and related ministries and high state institutions and also requires strict supervision and in the future it is necessary to form a statutory regulation which specifically regulates crimes related to the land mafia
DIMENSI HUKUM TANGGUNG JAWAB NEGARA TERHADAP LINGKUNGAN DAN ALAM Faturohman Faturohman; Asnawi Asnawi
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): 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.v2i1.29

Abstract

In the environmental management system, it is known that the State has power over natural resources. This principle means that the State through the government is authorized to regulate, control and develop all matters relating to environmental management. Article 8 paragraphs (1) and (2) of the Environmental Management Act. The purpose of the research is the protection and management of the environment to determine the State's responsibility in law enforcement against violations of the environment and nature. This research is a normative juridical research with a statutory approach and a case approach. This research uses secondary data, which consists of secondary legal materials and tertiary legal materials. From the results of the study, it was concluded that the certainty of law enforcement is the government's responsibility for environmental and natural violations
PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA MENYERANG KEHORMATAN SUSILA: Studi Putusan Nomor 641/Pid.B/2021/PN.Tjk Valen Nababan; Baharudin Baharudin; Anggalana Anggalana
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): 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.v2i1.30

Abstract

The crime of decency is similar to the criminal act of attacking the honor of immorality that occurs in the tanjungkarang district court rules area, is the impact of children's freedom in association or even mistakes in associating in the community. The problem in this writing is how the accountability of criminals attacks the honor of immorality based on Verdict number 641 / Pid.B / 2021 / PN.Tjk and what are the basis of the judge's consideration in handing down the verdict against the perpetrator of the criminal act of attacking immoral honor in accordance with the figure of Verdict 641 / Pid.B / 2021 / PN.Tjk. The approach method used in this study is a normative juridical approach and a reality approach. Data collection according to literature studies and field studies, while data processing is done using methods of editing, classification and systematization of data, then analyzed using qualitative descriptive analysis. In accordance with what will happen, it will be seen that the accountability of criminals to attack moral honor in accordance with Verdict number 641 / Pid.B / 2021 / PN.Tjk which is declared valid and convincingly proven as guilty in the single indictment in Article 286 with imprisonment for 4 (four) years. Furthermore, the basis of the judge's consideration on handing down the verdict against the perpetrators of criminal acts attacks the honor of immorality based on Verdict number 641 / Pid.B / 2021 / PN.Tjk consists of several juridical and non juridical aspects. The juridical aspects are the prosecution's demands and indictments, the sense of evidence, and the information of the rules revealed during the trial examination process. The advice in this study is that parents should be supervised on the behavior of their children, especially from the adverse consequences of association in the environment of their home area, so as to minimize the occurrence of criminal acts committed by the child
IMPLEMENTASI SANKSI TERHADAP PELAKU TINDAK PIDANA PENADAHAN KENDARAAN BERMOTOR: Studi Putusan Nomor. 451/Pid.B/2021/PN.Tjk Ponco Febri Saputra; Baharudin Baharudin; Anggalana Anggalana
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): 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.v2i1.31

Abstract

Arrest is a crime that does not stand alone, but a crime that begins with a predicate crime. As for the problem in this research, how is the application of the law to the crime of arresting a motorized vehicle? Decision Number 451/Pid.B/2021/PN.Tjk. ? and What are the Factors Causing the Crime of Arresting Motor Vehicles in Decision Number 451/Pid.B/2021/PN.Tjk.?, the research method used is normative and empirical juridical, the results of research on Application of Law Against the Crime of Arresting Motor Vehicles Decision Number 451/Pid .B/2021/PN.Tjk The Public Prosecutor charged the Defendant with a single charge in accordance with Article 480 Paragraph (1) of the Criminal Code and the Panel of Judges sentenced the defendant Asep Junaedi Bin Abdulah (late) to imprisonment for 1 (one) year and 6 ( six months. Factors Causing the Crime of Arresting Motor Vehicles Decision Number 451/Pid.B/2021/PN.Tjk due to several supporting factors among these factors, namely, educational factors, economic factors, price factors, law enforcement factors and environmental factors, besides that Criminal acts of detention often occur due to the lack of socialization carried out to the community by law enforcement officials directly
PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN TERHADAP PELAKU TINDAK PIDANA PEMBAJAKAN DI PANTAI LAUT Galang Fadillah Rahmawan
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): 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.v2i1.32

Abstract

The purpose of this study is to find out the accountability of the perpetrators of criminal piracy on the sea coast and the basis of the judge's consideration in the enforcement of the verdict against the perpetrators of piracy on the sea coast. The research approach used in this research is through normative juridical approach and empirical approach using secondary data and primary data, then qualitative juridical data analysis is carried out. The results of the study that the accountability of perpetrators of piracy on the sea coast was found guilty of violating Article 439 paragraph (1) jo Article 55 paragraph (1) to 1 of the Criminal Code and sentenced to prison for 2 (two) years and 7 (seven) months and the basis of the judge's consideration in the conviction of the perpetrator of piracy on the sea coast, namely evidence, witness testimony,   Expert information, indictments and demands of the Public Prosecutor, elements that meet in the Prosecutor's Indictment, as well as incriminating and mitigating matters in the accused. All aspects considered by the Panel of Judges are legal facts revealed in the trial, both juridical and nonjuridical aspects
THE REGIONAL REPRESENTATIVE COUNCIL IN INDONESIA: A VIEW OF UNRESOLVED PROBLEMS Diya Ul Akmal
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): 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.v2i2.34

Abstract

The Regional Representative Council in Indonesia was established as part of constitutional reform, and it is expected to be able to address current issues with regional aspirations absorption. The Regional Representative Council is still lacking in its presence as a State Institution after nearly 18 years of existence. This is due to the fact that Indonesia uses a Soft Bicameral System in the Legislative Chamber. The People's Representative Council wields more power in the Legislative process than the Regional Representative Council. This is evident from the Constitution's and other regulations' limited authority. It is critical to strengthen the Regional Representative Council's authority as a State Institution with equal standing to the People's Representative Council. Indeed, there is a double check on the draft law between the two Legislative Chambers under the Bicameral Concept. The goal is to achieve good legal formation. Furthermore, given the community's current social situation, it is necessary to monitor indigenous peoples' protection. The Regional Representative Council must be the first line of defense in the region, overseeing all aspects of life, including indigenous peoples
PERLUASAN MAKNA ZINA DALAM PASAL 417 RANCANGAN KUHP INDONESIA Mochamad Ramdhan Pratama
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): 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.v2i2.36

Abstract

The Criminal Code of Dutch colonial heritage needs to be updated because Indonesia and the Netherlands have different characters and cultures. The discourse of overhaul, reform, revision, and even reform has become a long debate by criminal law experts to conform to the values of Indonesian society. The purpose of this study is to find out the Basic Determination of policies on the expansion of adultery and the values protected by the expansion of the Meaning of Zina in Article 417 of the Criminal Law Bill. This research is descriptive with normative juridical research types, using legal approaches and policy approaches. Data are collected through the study of literature, then analyzed qualitatively. This study shows that the basic determination of the policy of expanding adultery in Article 417 of the Criminal Law Bill is based on the perspective of criminal policy, the formulation of adultery in Article 284 of the Criminal Code is a problematic policy because the delik formula only criminalizes perpetrators who have been the same or one of them has been bound by marriage and does not criminalize those who are equally single. Meanwhile, the results of the second study show that the values protected by the expansion of the meaning of adultery in Article 417 of the Criminal Code are religious values, as well as moral values that are closely related to religion and the values of the Indonesian nation derived from Pancasila

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