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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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PERLINDUNGAN HUKUM TERHADAP HAK ATAS INFORMASI KONSUMEN JUAL BELI ONLINE DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Andi Nurfadhila Brilyana Baso; Asnawi Asnawi; Aris Setyanto Pramono
Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): 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.v3i1.61

Abstract

The development of the world in the modern era is increasingly widespread economic activity by utilizing the Internet as a medium of communication in electronic commerce or e-commerce as a medium of transaction. Every consumer according to Article 4 letter c of the Consumer Protection Act has the right to correct, clear and honest information. So information is an important thing for consumers, if the information is not conveyed correctly it is a violation by business actors against consumers. This research method is research using a statutory approach and a conceptual approach. Data collection techniques were carried out by means of literature studies and interviews. The primary data used is interviews with consumers who have experienced losses in online buying and selling transactions, while the secondary data used is Law Number 8 of 1999 concerning Consumer Protection, Law Number 11 of 2008 and the Civil Code. Based on the results of the research, referring to article 4, article 7 of the Consumer Protection Act and article 9 of Law Number 11 of 2008 concerning Information and Electronic Transactions that the granting of the right to information for consumers is an important element in consumer rights. Thus, legal protection of the right to consumer information has not been able to work properly because business actors are still ignoring their obligations and the lack of concern for business actors which results in non-fulfillment of guarantees for consumer rights
PERAN SERTA NOTARIS DALAM PELAPORAN TRANSAKSI KEUANGAN MENCURIGAKAN PENDANAAN TINDAK PIDANA TERORISME DI ERA 4.0 DAN 5.0 Rosi Maryana; Endang Purwaningsih; Irwan Santosa
Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): 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.v3i1.62

Abstract

The government currently involves the notary profession in the obligation to report suspicious financial transactions, especially for funds used for terrorist activities in the country through several regulations issued. This research is based on finding out how the implementation of Notary Participation is related to the obligation to report suspicious financial transactions on Terrorism Financing in the 4.0 and 5.0 eras as well as the supporting factors and legal obstacles. This research uses a normative juridical investigation with a futuristic approach/concept of draft laws that will apply in the future or towards the future symbol of dynamic and change and the results of extracting data and information are studied qualitatively supported by interviews with several sources in the field. Notaries who are required to report suspicious financial transactions are strongly advised to apply the Principles of Recognizing Service Users and submit Suspicious Financial Transaction Reports through the GoAML application to PPATK when acting on behalf of the parties/appearers. The supporting factor for this reporting is legal protection for the Notary himself and the Notary in submitting the suspicious transaction is constrained by keeping the secret of the position regulated in the Notary Office Act. Administrative sanctions, civil sanctions and criminal sanctions will always overshadow the notary in his activities in carrying out this reporting obligation
KOMPETENSI NOTARIS DALAM MENJALANKAN PERAN, TUGAS DAN KEWENANGAN PADA PERBANKAN SYARIAH: STUDI PADA BANK PERMATA SYARIAH Rina Taurina; Endang Purwaningsih; Irwan Santosa
Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): 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.v3i1.63

Abstract

The growth of the Islamic banking industry is growing amid increasing public awareness of banking which is in accordance with Islamic law. This is an opportunity as well a challenge for a Notary as an official who makes an authentic deed in his role in Islamic bank. This study analyzes the implementation of sharia principles as a guide for Notaries in making the construction of sharia banking contract to comply with the mandate of Sharia Banking Law and Fatwa of National Sharia Council. Furthermore, the main point is the competence of Notaries in in carrying out their roles, duties and authorities in Islamic Banking. The research method used is empirical normative through interviews with Islamic banking and the Indonesian Notary Association and National Sharia Council. It is concluded that Notary has a strategic role in the application of sharia principles so that the deed is in accordance with normative law and guarantees legal certainty and the value of justice. Competence in understanding philosophical and practical aspect is absolutely needed and Notaries are required to improve their insight and competence related sharia contracts. The legal vacuum in terms of their authority in making sharia deeds, especially banking becomes an obstacle in the implementation of the Notary’s role. UUJN and Sharia Banking Law, do not contain a clause regarding the authority of Notary. The government as regulator is responsible for creating legal products to ensure legal certainty and justice
PERAN TIGA PILAR DALAM PERUBAHAN SOSIAL MASYARAKAT Satibi Satibi
Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): 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.v3i1.64

Abstract

Indonesia is a plural country and a democracy based on Pancasila, a development that accompanies Indonesia's journey as a country of law, continues to experience fluctuating changes based on global social developments, this certainly has an impact on people's lives. The occurrence of changes in each community group, of course, is due to the influence of the development of the community itself, especially the demographic development. Every society is always in the process of social change, in other words, social change is an inherent symptom in every person's life. The changes that occur in society will cause discrepancies between the social elements that exist in society. So that it will change the structure and function of certain social elements of society. To compensate for social changes, it is necessary to present the state through three pillars consisting of Babinsa elements from the Indonesian National Army, Bhabinkamtibmas elements from the National Police of the Republic of Indonesia and ASN (Functional Islamic Extension / Honorary) elements from the Ministry of Religion of the Republic of Indonesia. The purpose of this study is to find out how the role of the three pillars and the efforts made by the three pillars in social change of society. This research uses descriptive qualitative research methods through primary, secondary and tertiary data. The results of this study show that the role of the three pillars in social change of society is very effective and efficient which is carried out jointly both in a structured, incidental and special manner in educating the public. The presence of three pillars that are able to become role models in the midst of society is a conditioner and provides comfort for the community in carrying out their activities. A good three-pillar step, will foster a positive perception of society continuously, this is certainly influenced by the behavior of the three pillars by understanding the value system in society which is closely related to morality, which is packaged and carried out in a structured, incidental and special manner
LEGALITAS TINDAKAN DIREKSI PERSEROAN TERBATAS Lismayanti, Erna; Purwaningsih, Endang; Yusuf, Chandra
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): 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.v3i2.65

Abstract

The Board of Directors is the most important organ in a limited liability company, the Board of Directors as a company manager is appointed and terminated by the RUPS, the Board of Directors can represent the company both inside and outside the court. The expiry of the term of office of the Board of Directors has resulted in the legal actions that have been taken to become illegal and the Board of Directors no longer has the authority to represent the company. To validate all these legal actions must be approved by the RUPS and reappointed. The formulation of this problem is to find out the legality arrangements of the duties and authorities of the company's Directors in corporate actions and the legal consequences of the actions of the Directors of the company are limited in corporate actions after the end of their terms of office.The method used in this research is normative jurisdiction that applies statute approach and conceptual approach. The results showed that,  The Board of Directors has full responsibility in the activities of the company, the Board of Directors is captured legally and correctly if in carrying out management and representing the company based on the articles of association and the law, institutional and operational legality is a commitment that must be fulfilled by the company; and legal actions that have been taken by ex Directors are illegal, ex Directors can be prosecuted and subject to civil and criminal sanctions
PEMBATALAN AKTA JUAL BELI SAHAM YANG MENGAKIBATKAN CROSSHOLDING OLEH PENGADILAN Mandai, Doris; Purwaningsih, Endang; Santosa, Irwan
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): 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.v3i2.66

Abstract

Cross Ownership in a limited liability company known as cross holding is a condition iwhere a limited liability company owns shares iissued by another ilimited liability icompany whose shares are directly or indirectly owned by the company, and vice versa The notary as a general official who makes ithe deed of isale and ipurchase ofishares imust understand the rules related to the transfer of shares, so as not to cause cancellation of the deed by the court. The problems raised in this thesis are what are the legal consequences of the cancellation of a Notary deed regarding the sale and purchase of shares resulting in crossholding by the court, how are the legal considerations of a court judge in declaring null and void a Notary deed. The purpose of this study is to analyze the legal consequences of the cancellation of a Notary deed resulting in Crossholding by the court, and to analyze the judgment of the court judge in declaring null and void a Notary deed. This research is a normative juridical research using a statutoryapproach and a case study approach. Data collection techniques were obtained by means oflibrary researchin the form of document studies. Data analysis uses qualitative analysis, then conclusions are drawn using deductive thinking methods. The judicial reason for the court to declare a notarial deed null and void is if the notary deed does not meet the objective and subjective requirements of an agreement. iThe legal iconsequence iof the icancellation of a Notary ideed by the court is theichange in the status and strength of proof of a Notary deedias an authentic deed to a private deed. Suggestions from this research are so that judges can make wise and fair decisions in handling every case, especially those relating to the cancellation of a notary deed
SERTIFIKAT HAK MILIK YANG DIPEROLEH PENGGARAP ATAS DASAR SURAT KETERANGAN KEPEMILIKAN DARI DESA: STUDI DI KABUPATEN POHUWATO PROVINSI GORONTALO Baderan, Yesika Adhisdea; Purwaningsih, Endang; Santosa, Irwan
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): 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.v3i2.68

Abstract

Land Title Certificates are proof of land ownership granted by the Government through the Land Agency to landowners, but in its development there have been Land Title certificates given to someone who is not a land owner (cultivator) based on a Certificate of Land Ownership from the Village. This research was conducted in Marisa Village and Bunto Village, Popayato District, Pohuwato Regency which aims to analyze the legal certainty of the recognition of land ownership certificates by cultivators who bear ownership letters from the village, as well as legal settlements for applications for ownership certificates obtained by cultivators who are not landowners. actually. Research This thesis is a normative-empirical legal research, using statutory, historical, and sociological approaches to examine primary and secondary data. Primary data in this study were obtained through field research by means of interviews, secondary data were obtained through library research, then the data were analyzed qualitatively. The results of the research show that the acquisition of land rights by cultivators as stated in the land ownership certificate from the village does not contain information as to where the cultivators obtained the land from. For dispute resolution, it must be done through the judiciary, because the land has been certified in the name of the cultivator, so an annulment must be requested
ANALISIS DAMPAK BIMBINGAN TEKNIS HUKUM ACARA PENGUJIAN UNDANG-UNDANG DI MK RI TERHADAP ADVOKAT PERADI Karlina, Yunawati; Putra, Irwan Sapta
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): 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.v3i2.69

Abstract

The article discusses the impact analysis of the PUU Procedural Law Guidance held by the Constitutional Court on Peradi Advocates throughout Indonesia. The purpose of the study, first is to find out how the impact of the PUU Procedural Law Guidance held by the Constitutional Court on the understanding of Peradi Advocates? Second, to find out the benefits for peradi advocates who follow Bimtek? This research method is normative law, with a statutory approach, a historical approach and a case approach. Primary, secondary and tertiary data sources. Data collection techniques by means of literature study, qualitative juridical data analysis. The results of the first study can increase the understanding and knowledge of lawyers peradi about the authority of the Constitutional Court. Secondly, they can construct a good and correct PUU application, can comprehensively control the PUU application material, get a conference overview of the PUU application flow starting from registration, document preparation and preliminary trial to the verdict trial. Suggestions for the future of the technical guidance are still carried out considering the magnitude of the impact and benefits of the technical guidance for advocates throughout Indonesia.
PELAKSANAAN PERLINDUNGAN TENAGA KERJA ANAK DALAM UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN DIHUBUNGKAN DENGAN PASAL 28B AYAT (2) UNDANG- UNDANG DASAR 1945 Evariana, Dian
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): 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.v3i2.71

Abstract

The entry of children in the work area then initiated the government to make specific regulations as stated in Law Number 13 of 2003 concerning Manpower. In this Law, the issue of child labor is in articles 68-75, all of which are essentially efforts to protect against the work system that harms the physical and mental development of children. This condition is sufficient to provide reasons for the compiler to conduct scientific research related to child employment behavior in conjunction with Law Number 13 of 2003. More specifically, the compiler tried to analyze Articles 68-75 which contain regulations on child employment. The purpose of this study is  to find out how the regulations regarding the protection of child labor in Serang City, to find out how the implementation of articles 68-75 of Law number 13 of 2003 concerning Manpower is related to article 28 b of the 1945 Constitution concerning the protection of child labor in Serang City and to find out how the efforts made by the government in protecting child labor in Serang City. The research method used by the compiler is analysis because this research is qualitative based on various library sources and other documents relevant to the research material. The summary of the results of this study is that special protection for children is based on the reality that children are rudimentary human beings physically and mentally. This behavior is for example by recruiting children at a young realistic age, inadequate wages, excessive working time and no special protection in the process of child labor
MENGHIDUPI SPIRITUALITAS PELAYANAN SEBAGAI PUBLIC SERVANT: UPAYA MEMPERSEMPIT RUANG GERAK PERILAKU KORUPTIF DI RUANG PUBLIK Duli, Lazarus O.; Yustinus, Yustinus
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): 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.v3i2.72

Abstract

The vocation to public service is a vocation whose purpose is to prioritize the public interest. Common welfare is a principle that is always upheld by public servants. The phenomenon of corruptive behavior carried out by public servants that has recently become so widespread has and is undermining the mission of the common welfare. Therefore, the purpose of this study is to uncover the phenomenon of self-enrichment efforts and how the historicity of its journey and try to find what solutions are considered appropriate enough to overcome them. The methodology used in this study is literature research accompanied by a phenomenological approach to the rampant corruptive behavior in public spaces. This study reveals that there is a close relationship between the emergence of the phenomenon of corruptive behavior in life together with the lack of awareness from public servants to live the spirituality of service as public servants. The ideal of becoming a public servant is still only a political jargon to attract the attention and interest of citizens and calm life together in public spaces

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