cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Evi Dwi Hastri
Contact Email
indexsasi@apji.org
Phone
+6287777000076
Journal Mail Official
indexsasi@apji.org
Editorial Address
Jl. Raya Pamekasan - Sumenep No.KM. 05, Panitian Utara, Patean, Kec. Batuan, Kabupaten Sumenep, Jawa Timur 69451
Location
Kab. sumenep,
Jawa timur
INDONESIA
Res Judicata Law Review
Published by Universitas Wiraraja Sumenep
ISSN : 30634482     EISSN : 30634490     DOI : 10.71370
Core Subject :
Res Judicata Law Review (RJLR): ISSN: 3063-4482 (cetak), ISSN: 3063-4490 (online) is published by Master of Law, Postgraduate, Wiraraja University, Sumenep, Madura-East Java-Indonesia. Res Judicata Law Review is an open-access peer reviewed journal that mediate the dissemination of academicians, researchers and practitioners in law. Res Judicata Law Review accept submission from all over the world. Res Judicata Law Review aims to provide a forum for national and international academicians, researchers and practitioners on law science to publish the original articles. All accepted articles will be published and will be freely available to all readers with worldwide visibility and coverage. The scope of Res Judicata Law Review are the specific topics issues such as Civil Law, Criminal Law, Constitutional Law, Administrative Law and International Law. All articles submitted to this journal can be written in Bahasa and English Language. Res Judicata Law Review comes out two times a year in (April and October).
Arjuna Subject : -
Articles 12 Documents
 1   2 
Indonesian Foreign Politics: Archipelagic State's Strategy Through Maritime Diplomacy to Realize the World's Maritime Axis Aris Zainul Aziz; Evi Dwi Hastri; Fitri Annisa Putri; Kholili Kholili
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.2

Abstract

The Indonesian nation is a country that has an archipelagic area larger than the land area. In addition, the archipelago in Indonesia is used as a center for shipping carried out by other countries. Of course, this is very good because it can improve the economy of the Indonesian people. However, this can also become a problem if it is not prevented or addressed because of the many violations that occur in the Indonesian archipelago, such as illegal fishing, piracy, violation of sovereignty boundaries, and many other violations. In overcoming this, of course, there is a need for maritime diplomacy between the Indonesian government and other countries which also aims to achieve their national interests. In addition, President Joko Widodo said during a campaign in 2014 to promote making the Indonesian nation the world's maritime axis. Indonesia has also succeeded in carrying out maritime diplomacy since the Djuanda Declaration in 1957 which resulted in the concept of an archipelagic state and the birth of a new norm.
Transformation of Values in Social Preferences: The Impact of Legal Rules on Changes in Social Norms in Society Inni Hajatika; Evi Dwi Hastri; Abintoro Prakoso
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.5

Abstract

This study aims to analyze how the rule of law affects the transformation of social values and preferences, as well as its impact on changes in social norms in society. With a juridical-normative approach and socio-legal analysis, this study explores the relationship between written law and social dynamics that lead to the formation of new norms. This study uses a non-doctrinal research method, namely socio-legal. In this research, the approach used is an interdisciplinary approach, especially in the study of legal anthropology, which in essence is the legal behavior of the community, the legal culture of the community, and the public's perspective on the law and its derivative products. Then a conclusin drawing or verification is carried out. The results of the study show that the rule of law not only reflects the values that exist in society but also plays an active role in shaping and changing social preferences. Legal rules that are applied effectively can influence individual and collective behavior, resulting in new social norms that are more in line with the goals of the law. However, this adaptation of social norms is also influenced by other factors such as culture, education, and economic conditions. This study concludes that the transformation of values in social preferences is a dynamic process that involves a complex interaction between legal rules and social conditions of society. Legal rules that are responsive to social change can serve as an effective tool to encourage positive change in social norms, while mismatches between laws and social preferences can lead to resistance and non-compliance.
Community Perspective and Implications for Law Enforcement in Indonesia: A Sociological Study of Law Nanda Rey Cakrawala; Evi Dwi Hastri; Merlin Cahyaningtias; M. Raofiqin Drajat
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.7

Abstract

This article examines the public's perspective on law enforcement in Indonesia and its implications for the effectiveness of the legal system. With a sociological approach to law, this study aims to identify how public views regarding weaknesses in law enforcement affect trust and compliance with the law. Using sociolegal legal research, which is a type of approach in legal research that integrates the analysis of laws and regulations and legal doctrine with the study of social phenomena that interact with and are influenced by law. The results show that there is significant dissatisfaction among the community related to the implementation of the law, which is often considered inconsistent and unfair. Public perceptions of corruption, slow legal processes, and law enforcement's inability to handle cases effectively contribute to a decline in trust in the legal system. Implications of these findings include the urgent need for more transparent and accountable legal reforms, as well as increasing the capacity of law enforcement agencies to meet public expectations. This study concludes that improving law enforcement requires an approach that involves active participation from the community as well as increasing integrity and professionalism in legal institutions. Key recommendations include strengthening social control mechanisms, increasing training for law enforcement, and implementing a transparency system to improve the relationship between law and society.
Legal Anthropology and the Carok Tradition in Madura: A Study of Local Wisdom in Conflict Resolution Moh. Rafi Maulana; Evi Dwi Hastri; Muhammad Khalid Ali
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.8

Abstract

The carok tradition is still a debate among Madura scientists and culturers. The Carok tradition in Madura is a complex social phenomenon and is full of cultural values and local wisdom in conflict resolution. This article is not intended to discuss or assess carok from a moral point of view. On the contrary, this article only analyzes in the study of Legal Anthropology the phenomenon of carok from the perspective of the authorities in resolving an internal conflict and legal norms in society that are viewed as a form of violence and contrary to other general norms in society. The type of research used is sociolegal legal research. The approach used is an interdisciplinary approach, which combines methodologies and perspectives from social sciences, namely legal anthropology with legal analysis, such as the Madura carok tradition. The results of the study show that Carok is not only an act of violence, but also a symbol of honor and a recognized mechanism for the enforcement of customary law in the Madura community. The conflicts that lead to Carok are often triggered by violations of the norms of honor and self-respect, which are then resolved through physical duels as a form of social compensation. Although Carok is contrary to Indonesia's positive law that prohibits violence, the people of Madurese still view it as a legitimate and respectable way to resolve disputes. Thus, the legal anthropology approach is present as part of the interdisciplinary law to mediate the local wisdom owned by the Madurese people by understanding the social and cultural context behind the Carok practice, a more inclusive and sensitive policy can be developed.
Sustainable Development-Based Environmental Dispute Resolution Through Alternative Dispute Resolution in Indonesia Sherly Widia Putri; Evi Dwi Hastri
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.9

Abstract

Environmental problems are part and responsibility of all human beings who feel they want to live on this earth. Over time, the dynamics of community activities such as exploration, construction and exploitation activities in all fields, including industrial development, algiculture business (agriculture, plantations and fisheries), property and so on are growing very rapidly. The occurrence of disputes or conflicts that can be resolved one of them by means of out-of-court settlement using ADR (Alternative Dispute Resolution) or alternative dispute resolution (APS) or by means of Negotiation, Conciliation, Mediation, and Arbitration. The research method used is Normative Juridical research where the legal research method is carried out by examining library materials or secondary materials only. The purpose of this writing is expected to provide a view of how case studies occur in resolving environmental disputes through alternative channels or out of court. The results of this study indicate that environmental disputes can be resolved through non-litigation efforts where the Government must be consistent with sustainable development programs to prevent environmental disputes, where in the process and achievement of development there must be a balance between economic, social and ecosystem preservation and protection.
Corporate Criminal Liability in Corruption in the Procurement of Goods and Services of Construction Sector Yusuf Fitrohansyah; Appry M. Silaban
Res Judicata Law Review Vol. 1 No. 2 (2024): Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i2.13

Abstract

The hope of the Indonesian people in terms of eradicating corruption in the construction sector is not just a solution through political compromise but rather the goal of improving the welfare of the community with the availability of adequate and sustainable national development infrastructure. In Article 1 point e of Law No. 5 of 1999, a business actor is every individual or business entity, whether in the form of a legal entity or a non-legal entity that is established and domiciled or carries out activities, either alone or jointly through an agreement, Organizing various business activities in the economic sector. The  research  method  used  is  normative  juridical  research  where  the  legal  research method is carried out by researching literature materials or secondary materials. The result is, Law enforcers are free to choose theories and doctrines based on the case they face, which is important to ensnare corporations always pay attention to the principle of geen straf zonder schuld (actus non facit reum nisi mens sir rea) by being guided by existing laws. And Corporations can be held accountable when corruption crimes occur in the procurement of goods and services in the construction sector.
Criminological Study Of Murder Crimes In Medan City Yasmirah Mandasari Saragih; Rahul Ardian Fikri; Nabilah Syaharani
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.14

Abstract

The actions of mugging and thuggery in the city of Medan are increasingly rampant and disturbing the community, they act without knowing the time and place , uniquely not adults but minors. A number of efforts have been made by the Mayor of Medan, Mr. Bobby Nasution to overcome the mugging and thuggery. In addition to conducting joint patrols until early morning , then holding a gathering with the TNI, Polri and the Motor Community in the city of Medan as an effort to maintain public order together . However, the program is less effective in eradicating mugging and thuggery in the city of Medan . In this study, the author will provide a criminological study of mugging crimes in the city of Medan. The discussion in this study is what factors cause children to commit mugging crimes in the city of Medan and how to reduce mugging crimes from a criminological study perspective. The type of research used in this study is empirical legal research, namely a legal research method that goes directly into the field. The results of the study are what factors cause children to commit mugging crimes, economic pressures and increasingly fierce urban survival patterns, which give rise to criminal acts. And efforts to reduce the crime of robbery by carrying out precision city patrol activities are carried out and implemented every day, both morning, afternoon and evening to suppress and reduce the space for perpetrators of criminal acts as a form of preventive police activity, which aims to reduce the number of criminal violations in the region.
Analysis Political Law About Omnibus Law In Indonesia Ismidar Ismidar; Tamaulina Br. Sembiring; Zakaria Tambunan
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.15

Abstract

Omnibus Law is a combination of several laws into one regulation, the government's aim in creating an omnibus law is to combine... 1,244 articles and 79 laws in one regulation. One of the laws that are included in the omnibus law is the Manpower Law, in the Draft Omnibus Law on Job Creation it will create 11 changes including Simplification of Licensing, Investment Requirements, Foreign Workers, Working Hours, Worker Rights and Protection, adding types of layoffs, and Strengthening Social Security, so that a fundamental discussion is needed on the Urgency of labor law as a legal rule included in the omnibus law agenda. The purpose of this study is to analyze the Urgency of labor law as a legal rule included in the omnibus law agenda with the problem approach method used by normative legal researchers with a legislative approach and a conceptual approach by examining the laws and regulations regarding the legal politics of the formation of the omnibus law in Indonesia.
Legal Protection for Children in Conflict with the Law Through the Diversion as a Tool of Social Engineering Allen Ersandy Harindinata
Res Judicata Law Review Vol. 1 No. 2 (2024): Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i2.16

Abstract

The purpose of this study is to examine and analyze the principle of protection for children who commit crimes from the perspective of National law in Indonesia. Children based on physical, mental and social development have a weak position compared to adults, so that children who commit delinquency need to be handled specially. Therefore, the treatment of delinquent children should be different from the treatment of adults. Handling of children in conflict with the law must be based on the best interest of the child . The research method used is the normative legal research method using a legislative approach and a conceptual approach. Based on the results of the study, the principle of protection for children in conflict with the law in the juvenile criminal justice system concerns substantial, structural and cultural issues. The law must be seen or viewed as a social institution that functions to meet social needs, so that law enforcers must treat children in conflict with the law differently from adult perpetrators. The 2012 SPPA Law has accommodated the principle of the best interest of the child with the existence of diversion based on the principle of restorative justice that prioritizes recovery between perpetrators, victims, witnesses and the community. The form of protection provided is about community involvement in preventing violence against children, the obligation of legal assistance during the trial process, the child's non-obligation to be detained during the trial process, rehabilitation to the process of reintegration into society after undergoing the criminal process.
The Role of the Regional Advisory and Supervisory Board Regarding the Responsibilities of Temporary Land Deed Making Officials in Storing Protocols Ahmad Firdaus; Rosita Indrayti; Andika Putra Eskanugraha
Res Judicata Law Review Vol. 1 No. 2 (2024): Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i2.17

Abstract

PPAT is an important part of the land registration system in Indonesia which has the authority to make authentic deeds. The main task of PPAT is to make deeds stating that certain legal acts related to land ownership have been fulfilled which will be the basis for data on land transfer registration. In order to maintain quality and continue to carry out its duties carefully, guidance and supervision are needed for PPAT. Based on Article 1 of PMNA/KBPN 2/2018, the Minister authorizes MP2D to carry out guidance and supervision of PPAT in the form of conveying policies that have been determined by the Minister regarding the implementation of PPAT duties, socialization, dissemination, inspections to PPAT offices, and guidance on the implementation of PPAT duties and functions in accordance with the Code of Ethics. Guidance and supervision of PPAT as regulated in the ministerial regulation also applies to PPATS, Substitute PPAT, and Special PPAT. However, there are still many legal problems found, such as not reading or explaining the deed in front of the parties and witnesses, and especially related to the storage of PPAT protocols. The normative research method used in this study is the type of normative juridical legal research using 2 (two) legal approaches, namely the legislative approach and the conceptual approach. The Result is MP2D plays a role in supervising PPAT, especially PPATS in carrying out its duties to ensure that PPATS has carried out its duties and functions as mandated by the Head of the Land Office, to maintain and ensure that services continue to run in accordance with the provisions of laws and regulations, ensure that professional ethics are well maintained, minimize violations, provide understanding, improve discipline and service to PPATS, especially related to maintaining the PPATS protocol which is a state archive that must be maintained, cared for and stored properly and safely.

Page 1 of 2 | Total Record : 12

 1   2 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 1 No. 2 (2024): Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review