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
ANALISIS PENERAPAN SISTEM JAMINAN SOSIAL SEBAGAI PERLINDUNGAN HUKUM TENAGA KERJA ASING DI INDONESIA Dalimunthe, Nikmah; Pratama, Muhammad Riski Anugerah; Lois, Muhammad
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.v3i2.73

Abstract

A social security system for workers, especially foreign workers, is also needed as legal protection for foreign workers. The purpose of this research is to find out how the implementation of the social security system that runs at the same time that the social security system acts as legal protection. Researchers in this case look at the applicable laws and government regulations regarding how the national social security system is applied to foreign workers in Indonesia. According to the laws of the social security system administering agency as well as government regulations and regulations of the Ministry of Manpower that foreigners who work for at least 6 months are required to join the Social Security Administration Agency (BPJS) to receive social security provided by the government if there is a risk in work. Foreign workers receive social security such as old age security, work accident insurance and death insurance. Regarding registration for participation in this national social security, mostly if the foreign worker works from an employer other than the state, the employer is obliged to register them and themselves, as well as different contributions that must be paid to BPJS. With this national social security system as legal protection it aims to create justice in work relations, security at work and replacement if there is a risk at work
REKONSEPTUALISASI KEDUDUKAN DAN FUNGSI DPD RI DALAM NEGARA KESATUAN REPUBLIK INDONESIA Huda, Lalu Halawani; Amnan, Durohim
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.v3i2.74

Abstract

The existence of the Regional Representative Council (DPD) in the Indonesian constitutional system does not guarantee a significant role in overseeing the process of running the wheels of the state in accordance with the ideals of independence and the 1998 reforms. The existence of the DPD institution is not accompanied by optimal authority and function to accelerate what becomes duties and main functions (tupoksi). The lack of DPD function is clearly seen in several articles in the 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia). This fact has made the public's perception of the DPD institution very skeptical and considers the DPD to be only an accessory to democracy. Even though this bad opinion was formed because of the lack of duties and functions of the DPD, not because of the quality or the capability of the DPD members themselves. Therefore it is important to propose a proposition to reconceptualize the position and function of the DPD in the Unitary State of the Republic of Indonesia so that the initial aspirations and goals of establishing the DPD can be actualized in state works
PARADIGMA HUKUM SEBAGAI TOOL ENGINEERING: BERSIFAT PREVENTIF ATAU REPRESIF? Yahdika, Mohammad Akmal
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.v3i2.75

Abstract

Human are social beings who live in a group of people that have different interests from one another. To regulate and control this heterogeneous life we need a tool or mechanism that must be carried out and obeyed by all social communities. From that, law is present in the midle of social life in the form of rules and norms to regulate so that prosperity and peace can be created. In order to work optimally, it is necessary to identify the nature of the law itself, wheter it is preventive or repressive. The research method used to identify the nature of law as an engineering tool is qualitative with an normative juridicial approach. This is supported by techniques for collecting legal materials using library research which can be in the form of books, journals or articles and document studies in the form of legislation. From the results of the research cunducted, it can be concluded that basically law must be preventive and repressive at the same time. This can be seen from the purpose of law formation that one of them is to prevent riots and chaos. At the same time, the law is can used to be a basis to take care if there is chaos or riots that cannot be prevented by the nature of preventive law
PENCATATAN PERKAWINAN BEDA AGAMA DI PN YOGYAKARTA PERSPEKTIF MAQASHID ASY-SYARI’AH Mamira, Adelia; Ibrahim, Malik
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.v3i2.76

Abstract

Interfaith marriages in Yogyakarta got opportunities since the issuance stipulation number 378/PDT.P/2022/PN YYK by the Yogyakarta District Court. The stipulation contains the granting of the registration of interfaith marriages. As a result, other interfaith couples started making the same request in the following months. It is undeniable that the phenomenon of interfaith marriage cannot be denied from the heterogeneous life of society in Indonesia. This article examines the Yogyakarta District Court's decision on interfaith marriage from the perspective of Maqās}id asy-syarī'ah. By using the perspective of Maqās}id asy-syarī'ah we will be able to examine the philosophical foundations for the basic purposes for which they were enacted, reasons for rationality, 'illat law, legal determination, as well as various other legal applications. The results of the research that can be concluded are that the registration of interfaith marriages in the Yogyakarta District Court results in more harm than benefit. So that it is not in accordance with the ideals of benefit to be achieved in Islam and out of the nature and objectives of Islamic law
KEBIJAKAN PENAL DAN PENANGGULANGAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA Eleanora, Fransiska Novita; Siregar, Rachmat Kurniawan
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.v3i2.77

Abstract

Penal policy is an effort in overcoming crime which is usually given with sanctions or punishment to the perpetrator so that the perpetrator realizes his mistake and the crime he has committed, but in fact it is often the reluctance of the victim to report the occurrence of the crime because it is considered a personal matter and can be resolved amicably and did not report the perpetrator. The perpetrator is reported if it results in and has an impact on injuries or violence experienced by the victim so that the perpetrator must be held accountable for his actions, and given sanctions or punishments commensurate with his actions so that there is a deterrent effect for the perpetrators. While the purpose of this study is to find out how the penal policy in overcoming domestic violence. The method used is normative juridical research, namely by reviewing literature, legislation, principles, theories to answer problems. The penal policy in overcoming domestic violence is to expand the evidence that is not only based on the victim reporting but can also be expanded with other evidence, namely the statements of other witnesses so that they can report perpetrators of violence to be held accountable
REFORMASI HUKUM (DAGANG) KAJIAN KHUSUS TERHADAP PERLUNYA UU ANTI MONOPOLI ATAU PERSAINGAN USAHA TIDAK SEHAT PASCA UU CIPTA KERJA Jumhana, Enjum; Priatna, Achmad Nashrudin
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.v3i2.78

Abstract

The business world is inseparable from fair and reasonable competition in business activities, so that there is no central economic power for certain business sectors, while remaining obedient to existing laws and regulations. Law Science does not see chaos, but rather as a component of a system where there is a bond of legal principles. As a legal system, it contains orders, rules which constitute a unified whole of parts or elements that are interrelated to one another. In principle, the business area, in order to obtain maximum revenue, is normal behavior, as long as there are no monopolistic practices, but in reality it is always colored by the power of unfair competition groups. Therefore it is not easy to interpret the meaning and causes of monopolistic practices which are the implementation of Law No.5 Tahun 1999 which are directly related to business activities as well as the economy of a nation
TOLERANSI BERAGAMA MASYARAKAT MAJEMUK DALAM PERSPEKTIF KONSTITUSI Abustan, Abustan
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.v3i2.79

Abstract

In the technological era characterized by an advances digitalization, religious issues remain important and very essential. Moreover, the Indonesian state, although various religions exist in it which is very well known for its plurality dimension. However, it remains the main concern in the country. It can be seen the arrangement / mandate in the constitution. The constitutional perspective will always be the "guide" and legal basis for addressing religious diversity. However, once again, the existence of one nation remains one is the Indonesian state commonly called Bhinneka Tunggal Ika. This research takes the subject of important dimensions of religious tolerance in a pluralistic society. By examinin from the perspective of the constitution. This research is an empirical research that uses a sociological juridical approach. The facts in the field, in the research carried out are determined by various dynamics in religious life which are very determined The development of progress (technology) so that tolerance is needed in a plural society like Indonesia
FUNGSI DAN KEWENANGAN DEWAN PERWAKILAN RAKYAT SECARA KONSTITUSIONALITAS DALAM PENYELENGGARAAN NEGARA PASCA REFORMASI Barlian, Iyan; Karsa, Pipih Ludia
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.v3i2.80

Abstract

The administration of government, either in state power in the context of separation of powers (Separation Of Power), or division of powers (Distribution Of Power), the role of representative institutions participates with some of the functions and authorities it has. In Indonesia, the function of the House of Representatives has a Legislative Function, a Supervision Function, a Budget Function, all of which need synergy. Although its main function is legislation, its controlling function also needs to be effectively optimized in conducting supervision related to the implementation of government. As for the budget function, this will be related to the welfare of the people. While the authority or power based on the 1945 Constitution as a result of changes in the power of the DPR was enlarged including: The DPR is given the power to give consideration to the President in appointing Ambassadors and receiving ambassadors for the placement of other countries, providing amnesty and abolition, the DPR is also given power in the form of giving approval if the President wants to make agreements with other countries, whether in the economic sector, peace agreements,  declare war and other international treaties affecting territorial integrity. The DPR is also given budget rights, elects BPK members, by observing DPD advice, gives approval in the event that the President appoints or dismisses KY members and nominates 3 Constitutional Court judges. People's representation in representative institutions (DPR) can be said to be channeled if the interests of the values, aspirations, and opinions of the people represented have been fought for in the framework of people's welfare, both through the pattern of optimizing functions and the correlation of authority with other institutions
HUKUM PIDANA MATI DI INDONESIA BERDASARKAN PERSPEKTIF HAK ASASI MANUSIA DAN ALTERNATIF PENEGAKAN HUKUM: Studi Kasus: Pidana Mati Ferdy Sambo Cahyani, Gisella Tiara; Sholehah, Siti Bilkis; Salsabillah, Dara Nurul; Ramadhana, Muhammad Alwan; Pratama, Revand Arya; Antoni, Herli
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.v3i2.81

Abstract

Law is a tool for regulating the lives of society, characterized by its coercive and obligatory nature to follow existing rules. Law is created for the benefit of the general public and contains norms of life as a guide for social interaction. The death penalty is the most severe punishment in terms of sanctions for extraordinary criminal offenses such as narcotics, premeditated murder, terrorism, and crimes against national security. However, the implementation of the death penalty in Indonesia has become controversial due to its violation of Human Rights (HR) and the right to life guaranteed by Article 28A, paragraph (1) of the 1945 Constitution. Despite the recent updates in the latest Criminal Code (KUHP) that introduce a probation period of 10 years, pros and cons continue to arise regarding the application of the death penalty. Various perspectives on the death penalty exist, with some considering human rights and principles of justice. Nevertheless, the death penalty must be applied with caution and in consideration of human rights
TINJAUAN YURIDIS TERHADAP HUBUNGAN ANTARA ALASAN MASYARAKAT DAN PERTIMABANGAN HAKIM DALAM MEMPERTIMBANGKAN DISPENSASI PERKAWINAN DI BAWAH Sundari, Nata
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.v3i2.82

Abstract

The problem of marriage dispensation in Indonesia is because on average the marriage dispensation application is granted by the judge in the religious court. in fact what happens if the dispensation is refused is the official appointed to grant the dispensation. This of course makes marriage dispensation more common in Indonesia. So that causes many practices of early marriage in Indonesia. The research method used is a qualitative research method with a sociological research approach. This type of research is a literature study in which the analysis is descriptive analysis linking the dispensation of marriage with certain norms. This research is to find out from the explanation of the background above so that this research is to find out how to build a juridical relationship between the reasons of the community and the judge's consideration in granting a marriage dispensation so that the judge can analyze the reasons and considerations of the judge in granting a marriage dispensation. analyze the reasons and considerations of judges in granting marriage dispensation. The results of this study are the reasons that form the basis of the first application. Influence of Customs, Habits and Religion, secondly Pregnancy out of wedlock, Economic Factors. In granting a request, consideration must be given to the juridical and sociological aspects and must also be based on the principles of the supreme court regulation Number 5 of 2019 concerning Guidelines for Trialing Applications for Dispensation of Marriage. In addition, the reasons of the applicant become the basis of the judge's balance to grant the marriage dispensation. This is for the benefit of potential defenders who are underage

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