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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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TINDAK PIDANA PEMBUNUHAN DALAM HUKUM PIDANA ISLAM DAN HUKUM PIDANA POSITIF Hifni, Mohammad; Hibar, Ujang; Agustiawan, M. Nassir
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.v3i2.84

Abstract

Islamic law is not prescribed for games and jokes. It is in accordance with the rules of the Shari'ah which fundamentally teach that the world is a place of testing and not eternal, while the Hereafter is a place of vengeance and eternal. Shari'ah also teaches that man is held accountable for his charity in the world and will be avenged in the Hereafter. The one who does good, the good will come back to him. If he does bad deeds, the ugliness will also come back to him. Therefore, punishment in the world will not remove punishment in the hereafter, unless he repents to God. The scholars of fiqh fatten down there are several punishments imposed on the perpetrators of this crime, namely: The original punishment, namely the law of qisas. This law is based on Allah's provisions in the Qur'an Surat Al Baqarah (2): 187) and (Q.S Al Maidah (5): 45) Substitute Punishment. According to fiqh scholars, if the punishment of qisas falls, for example forgiven or because there is peace, then there are two other substitute punishments, namely diyat borne by the murderer himself and the punishment of ta'zir. According to Imam al-Tahbrani, it is narrated from Amr bin Hazm Al-Anshari that the Prophet (peace be upon him) said: "The revenge of a deliberate murderer is qisas." If the heir forgives the murderer, the murderer is obliged to pay the diyat mughalazhah (big diyat) taken from the murderer's property. Supplementary Laws. In addition to the above punishments, in intentional murder there are other punishments, namely hindered inheritance rights, and hindered from obtaining a will from the victim. While in the positive criminal law the criminal sanction of murder in the Criminal Code there are several articles including the following: Article 338 reads: Whoever intentionally deprives another person of his life shall be punished with murder with a maximum imprisonment of fifteen years. Article 339 reads: Murder that is followed, accompanied, or preceded by a criminal act, committed with the intention of preparing or facilitating its execution, or to release oneself or other participants from the crime in the event of being caught, or to ensure the possession of goods obtained unlawfully, shall be punished with imprisonment for life or for a specified time, not more than twenty years. Article 340 reads: Whoever intentionally and premeditatedly deprives another of his life shall be punished with murder with premeditation, with the penalty of death or imprisonment for life or for a specified period of not more than twenty years
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA DALAM KASUS PEMBUNUHAN BRIGADIR NOFRIANSYAH YOSUA HUTABARAT OLEH FERDY SAMBO, S.H., S.I.K., M.H : Studi Kasus Putusan Pengadilan Negeri Jakarta Selatan No. 796/Pid.B/2022/Pn Jkt.Sel 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.v3i2.85

Abstract

This study discusses problems related to the crime of premeditated murder committed by the former Head of the Propam Polri Inspector General Pol. Ferdy Sambo, S.H., S.I.K., M.H against his own adjutant Brigadier Nofriansyah Yosua at the Police Service's house. The purpose of this research is to find out 1. What is the motive of the perpetrators of the premeditated murder? 2. What are the criminal sanctions imposed on the perpetrators of the crime of premeditated murder? This research method is normative legal research, with a case study approach based on the decision of the South Jakarta District Court No. 796/Pid.B/2022/PN JKT.SEL. Sources of data in this study using Primary, Secondary and Tertiary data sources. Normative juridical analysis. Research Results 1. The perpetrator's motive for premeditated murder of the victim was based on the story of the perpetrator's wife named Putri Candrawathi who claimed to have been abused by the victim in Magelang, which made the perpetrator angry and killed the victim by shooting the victim with a firearm. 2. The defendant Ferdy Sambo, S.H., S.I.K., M.H., in court has been proven legally and convincingly guilty of committing the crime of "participating in premeditated murder" AND "without the right to take action which results in the electronic system not working properly which was carried out jointly same” as the First Primary Charge and the Second First Primary Charge from the Public Prosecutor, so that the perpetrator by the panel of judges was sentenced to death penalty. Suggestions When we get some information, it is best if the information obtained first is clarified or asked for the truth so that we are not mistaken in taking an action and drawing conclusions. So that it can avoid actions that can be detrimental to both parties.
PERANAN BAWASLU DALAM PENANGANAN PELANGGARAN PEMILU TAHUN 2019 DI KOTA SERANG BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2017 Irwan, Devi; Asnawi, Asnawi; Pramono, Aris Setyanto; Maulana, Ayang Fristia
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.v3i2.86

Abstract

Supervision of the implementation of elections in the city of Serang carried out by Bawaslu of Serang city is regulated in Article 101, Article 103 and Article 104 of Law Number 7 of 2017 concerning General Elections, in order to achieve direct, public, free, secret, honest and fair and quality elections in the city of Serang. In the 2019 elections, Bawaslu of Serang city recorded 10 election violations that occurred. Of the 10 violations, 6 violations were based on findings on the ground and 4 violations were based on reports of alleged election violations. Bawaslu of Serang city divides four types of violations in elections, namely: Violations of Election Administration, Violations of the Code of Ethics for Election Organizers, Election Crimes; and other Violations of The Law. This research uses an empirical juridical research approach. Empirical legal research or in other words is referred to as sociological legal research or field research, which is dotted with primary / basic data, namely data obtained directly from the first source through field research, which is carried out through interviews, observations (observations), or the dissemination of questionnaires. The role of Bawaslu of Serang city in dealing with election violations is in the form of receiving and following up on reports related to alleged election violations, examining and reviewing election violations and recommending the results of examinations and their assessments to relevant agencies, mediating or adjudicating, and resolving disputes in the electoral process,recommend to the relevant agencies regarding the results of supervision of the neutrality of all parties in the conduct of elections, request the necessary information materials to relevant parties in order to prevent and crack down on election violations and disputes over the electoral process and establish a sub-district panwaslu and appoint and dismiss members of the sub- district panwaslu, as well as exercise other powers in accordance with the provisions of the laws and regulations
KONSEP PERKEMBANGAN HUKUM DAGANG DULU, SAAT INI DAN MASA DEPAN Jumhana, Enjum; Ali, Mohamad
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.v3i2.87

Abstract

Talking about the history of trade law in Indonesia, starting from the history of trade law, namely originating from Dutch law, then Dutch law originating from French law, then French law originating from ancient Roman law. In fact, the Ancient Roman civilization was actually heavily influenced by Middle Eastern Civilization, that both of us from the religions of Islam, Christianity, Buddhism, and Hinduism came from revelations derived from Middle Eastern civilization. It turns out that the development of Roman Law has had a lot of influence from Middle Eastern Law, but if we study the current Commercial Law from the Code de Commerce and the Civil Code which are influenced by Ancient Roman Law. Then because the French State colonized the Netherlands, the Code de Commerce and the Civil Code changed their respective derivatives to become the Civil Code to become the Burgerlijk Wetboek / BW (Dutch Civil Code) and the Code du Commerce to become Wetboek van Koophandel / WvK (Dutch Commercial Law Book). Then Burgerlijk Wetboek / BW (Civil Code) and Wetboek van Koophandel / WvK (KUHD) came into effect in the Dutch East Indies at that time (Indonesia, now) since 1 May 1848.  In the Netherlands itself BW and WvK came into force since 1 October 1838. After Indonesia independence, the Civil Code and the Criminal Code were declared valid to fill the legal vacuum at that time. And the basis for its entry into force is Article II of the Transitional Rules of the 1945 Constitution before it is amended. In the Netherlands itself since independence from French colonialism in 1813, Burgerlijk Wetboek / BW and Wetboek van Koophandel / WvK came into effect
TANTANGAN PROFESI HUMAN RESOURCES PADA ERA DISRUPSI 4.0 Agustina, Ismaya Dwi
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.83

Abstract

The Covid-19 outbreak has caused several impacts ranging from the education sector, the economic sector, the political sector to the employment sector. Human Resources are one of the most important assets in organizational progress so they need to be managed to achieve organizational goals. In the Disruption 4.0 era, investment in development and strengthening the quality of human resources will have a major impact on accelerating long-term development. Disruption is basically an innovation that replaces a series of old systems with a new system that is innovative and efficient. In the era of disruption 4.0, the role and challenges of the human resources profession have also increased. Of course, it doesn't just focus on administration and management of human resources, the human resources profession must be at the forefront of the company's digital transformation
PRAKTEK KAFAAH DI LINGKUNGAN PONDOK PESANTREN Luthfia, Chaula; Pratama, Rizal Dian
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.89

Abstract

The high rate of divorce that occurs today where most of the causes are the inequality between husband and wife. The concept of kafa'ah in Islam is a solution to minimize the occurrence of divorce. The purpose of this study is to see the implementation of the kaf'ah concept in the Islamic boarding school environment of Benda Village, Sirampog District, Brebes Regency. This research is a field research with a normative approach. The result of this research is the concept of kafa'ah or comparable or commensurate applied in the pesantren environment of Benda Village, Sirampog District, aims to create harmony so that later there will be compatibility, balance and continuity between the two parties who will undergo the household ark. Although Benda Village, Sirampog District is an area that upholds high religious social values because it is located in the Islamic boarding school environment. However, the concept of kafa'ah that is applied is not only based on religious similarities. There are several criteria that are considered important also in choosing and determining a partner. Among them are similarities in work, nasab, property, education and physical. This similarity does not contradict the concept of kafa'ah stipulated in Islam. But sekufu in religion becomes the first and foremost measure. This concept is clearly believed and applied as a logical consequence of Islamic law. In addition, being in the Islamic boarding school environment also has an influence on the selection of religion as the first and main order in choosing and determining a partner. Another criterion is used as an additional measure that then does not rule out sekufu in religion
PERAN PENYIDIK OTORITAS JASA KEUANGAN DALAM MENJAGA STABILITAS SEKTOR JASA KEUANGAN INDONESIA Kusumaningsih, Rila
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.90

Abstract

Investigators from the Financial Services Authority (OJK) play a crucial role in the oversight and regulation of the financial sector in Indonesia. They are responsible for investigating legal violations, fraud, and mismanagement that may occur in financial institutions. OJK investigators conduct audits and examinations to ensure compliance with existing regulations. If violations are found, they can collaborate with other law enforcement agencies to follow up and take appropriate legal actions. Additionally, OJK investigators also contribute by providing recommendations to financial institutions to improve their practices. Through their roles, OJK investigators contribute to maintaining the stability and integrity of Indonesia's financial sector while protecting customers and investors.
TINJAUAN YURIDIS PENGELOLAHAN SAMPAH REGIONAL OLEH BADAN USAHA DI PROVINSI JAWA TIMUR MENURUT PERDA JAWA TIMUR NO 9 TAHUN 2022 TENTANG PENGOLAHAN SAMPAH REGIONAL Suhendro, Muklis
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.91

Abstract

Of course, waste processing cannot be carried out by the East Java Provincial Government. Therefore, several business entities are needed to take part in processing waste in East Java. In order for cooperation between the East Java Provincial Government and several business entities to run, of course regulations must be created to ensure legal certainty for both parties. Waste Management is a systematic, comprehensive and sustainable activity that includes reducing and handling waste. Waste processing is one activity that can reduce the high rate of waste accumulation. In reducing waste through waste processing, the role of business entities and the Government is necessary, and there needs to be regulations governing this cooperation to provide legal certainty. In the central level legislation, in general, there are two regulations that regulate waste processing by business entities. Firstly, material regulations, which are regulated in Law no. 18 of 2008 concerning Waste Management. This regulation provides legality for the Government to cooperate in waste processing. The second regulation is the Formill regulation which is regulated in the Government Regulation of the Republic of Indonesia Number 81 of 2012 concerning Management of Household Waste and Similar Types of Household Waste. Where in this regulation there are three articles that regulate waste processing by Business Entities, including: partnerships between Business Entities and the Government Development and application of technology; and Guidance on waste processing by Business Entities. The East Java Regional Regulation Number 2 of 2022 concerning Regional Waste Processing regulates 6 things regarding waste processing by Business Entities, including: Financing the organization of waste processing; Environmental impact control; the legality of government cooperation with business entities that carry out waste processing; Cooperation mechanisms; supervision of the implementation of waste processing by business entities; and Sanctions
TINJAUAN HUKUM ISLAM TERKAIT FENOMENA PERKAWINAN DI BAWAH TANGAN Hidayat, Taufik; Arasid, Mohamad Ikrom; Hibar, Ujang
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.93

Abstract

Matrimony represents an esteemed avenue for structuring family life, welcoming children, fostering mutual acquaintance, and establishing a foundation for reciprocal support. The institution of marriage establishes explicit shared rights and responsibilities between spouses, as well as between parents and offspring. In practice, not all adherents of Islam adhere to contemporary procedures or regulations, evident in the persistence of individuals opting for clandestine unions. Islamic jurisprudence has elevated the motives and objectives of matrimony to a loftier and more dignified plane. While previous adherence to Islamic doctrines limited the purpose of marriage to biological needs and life necessities, Islamic law now designates it with the intent of fulfilling sunnatullah, directed toward the ultimate goal of 'worshipping Allah SWT
THE PANDEGLANG REGENCY GOVERNMENT’S ROLE IN THE DEVELOPMENT OF CISOLONG HOT SPRING TOURISM Pratiwi, Eka; Akmal, Diya Ul
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): 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.v4i1.94

Abstract

The aims of this study is to ascertain how the Pandeglang Regency Government manages the touristy destination of Cisolong hot springs. Cisolong hot spring is one of the tourist destination that can boost the local economy and enhance local revenue. However, the ownership of the Cisolong hot spring business license remains unclear, resulting in less-than-optimal levies collection and the presence of persons who collect fees illegally. Tourists will eventually suffer from this issue, which will also affect the destination's main draw. This study used the legal-empirical method and is bolstered by normative data analysis. The data used are primary data (Interviews and Observations) and secondary data (Legislation, Books, Journals, and relevant materials sourced from the Internet) which are then processed and narrated using words with scientific logic. The result showed that the Pandeglang Regency Government's tourism development strategy was quite good. However, the development strategy is still unable to address the issues that arise. The management and implementation of the Cisolong hot spring tourism destination must be closely monitored by the Pandeglang Regency Government. In order to attract more tourists, promotional events such as a Pandeglang culinary and cultural festival must be held. This will affect how the community's economy develops, how much money is generated locally, and how Pandeglang's cultural values are sustained

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