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Hak Politik Mantan Narapidana Untuk Mencalonkan Diri Sebagai Calon Kepala Daerah (Analisis terhadap Putusan MK. No. 42/PUU-XIII/2015) Muhammad Lutfi Hardiyanto; Shalahudin Serba Bagus; Ahmad Munir
MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017
Publisher : universitas islam darul ulum lamongan

This article discusses the political rights of former inmates to run for candidates for a mayor. This article is the result of an analysis of the decision of the Constitutional Court. No. 42/PUU-XIII/2015 which gives political rights to former inmates to run for a mayor candidate. Basic consideration (ratio decidendi) of the decision of the Constitutional Court namely; the right to vote and to be elected by a person can only be withdrawn on the basis of a court decision not in accordance with the provisions of law; a person who has served the sentence and left the prison is essentially a person who has repented and regrets his actions, so it is not appropriate to be given further punishment through the provisions of the law which prohibite the candidacy in the election of regional head. On that basis, the Constitutional Court granted the right to former inmates to run for regional heads. The Constitutional Court ruling has a legal effect on former prisoners who were previously not allowed to run for regional head candidates. Following the verdict of the Constitutional Court the right of prisoners has the same right to run in elections.

PENGUJIAN PERATURAN PERUNDANG-UNDANGAN DI BAWAH UNDANG-UNDANG OLEH MAHKAMAH AGUNG Sudarsono Sudarsono
MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017
Publisher : universitas islam darul ulum lamongan

In realizing unity in the legislation system in Indonesia, it is known that there is a Judicial Review conducted by the Constitutional Court and the Supreme Court. Article 9 of Law Number 12 Year 2011 concerning the establishment of laws and regulations states that the Constitutional Court has the authority to examine the legality of a law with the test stone of the 1945 Constitution of the State of the Republic of Indonesia, while the Supreme Court has the authority to examine the legality of a legislation under the law with a test stone legislation. The Supreme Court in exercising its authority has issued the Supreme Court Regulation No. 1 of 2011 on the Right to Material Test. In its development, the Supreme Court Regulation Number 1 Year 2011 needs to be refined, whether related to the definition of "laws and regulations" that become the competence of the Supreme Court, as well as the improvement of procedural law such as grace period of submission of answers, type of verdict, to the involvement of the parties in litigation a dispute on the Right to Material Test in the Supreme Court. The legal issues in this study are: (1) Competence of the Supreme Court in conducting examination of the petition for Material Test Rights; and (2) Procedural Law in the examination of the petition for Judicial Review of Judicial Rights by the Supreme Court. This research is legal research, with approach of statute approach and conceptual approach. From this study it is found that: (1) the definition of "legislation" which can be tested in the Supreme Court based on Supreme Court Regulation Number 1 Year 2011 is very open (open texture) and different from the definition of "legislation as Article 1 Number 2 of Law Number 12 Year 2011; and (2) in relation to the procedural law at the examination of the Material Rights Trial in the Supreme Court, it is known that the grace period of the response of only 14 (fourteen) days, the inappropriate "unlawful" decision, the involvement of the parties only submission of requests and answers only, to the model of execution of decisions that are not in accordance with the character of the test of a norm of legislation. From both of these things, it is necessary to improve the Supreme Court Regulation Number 1 Year 2011.

PERLINDUNGAN HUKUM TERHADAP BURUH WANITA SEKTOR PEKERJA RUMAH TANGGA (PRT) DI KOTA SURABAYA Muwahid Muwahid
MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017
Publisher : universitas islam darul ulum lamongan

Research on the legal protection of women workers housekeeper sector aims to answer the problem; how the legal protection arrangements for a domestic helper in the legislation, how application of legal protection against domestic servants in the city of Surabaya, what obstacles and solutions to the implementation of the legal protection. This study is an empirical law, sources of primary data obtained from the respondents, namely domestic, manpower officials, NGOs. Secondary data source of legislation. Data was collected through interviews, observation, and study documents, while data analysis using inductive thought pattern. The results showed: the setting of legal protection in labor law is limited to formal workers, domestic helpers work (PRT) in the legislation are not categorized as workers, so that their basic rights as workers are not guaranteed. Application of legal protection of women workers sector domestic workers (PRT) in the city of Surabaya is not maximized. Most domestic workers in the city of Surabaya who do not get their rights as workers such as the right to earn wages above the minimum wage city, leave entitlements, social security rights and workplace accidents. factors that affect the application of the maximum no legal protection for women workers sector domestic workers (PRT) in the city of Surabaya is as follows; First, juridical factors. Legally, domestic as normative informal workers do not enter the category of workers under Law No. 13 In 2003, the Second, sociological factors. Sociologically, the implementation constraints of legal protection for domestic workers domestic workers due to low education, economic urgency, domestic practices tend to closed and lack of control of the government.

TINJAUAN YURIDIS KEBIJAKAN PEMERINTAH KABUPATEN JEMBER TERHADAP EKSPLOITASI GUMUK Isnania Citra Saisabela; Fauziyah Fauziyah
MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017
Publisher : universitas islam darul ulum lamongan

In the use of hills in Jember District related land rights, which most hills in Jember District is private property rights and its utilization cannot be contrary with national interests. In the article 6 UUPA : " All rights over land have a social function". Then on the basis of the law of the government Jember could not only dwell alone without a policy on the protection of the hills. With private ownership over the hills cannot be a reason to ignore the sustainability and environmental protection. The process of development and the protection of environment must be in harmony. Not mutual clashing that culminated in the destruction of the environment. The harmony between the use and maintenance of the environment related to the hills should always maintained in order to safeguard environment quality of life as well as the use of hills must be adjusted with the case and th nature of the right to useful both for peace and prosperity that does and useful for the society, state and public interests. Aware of the condition that happens, author regretted government attitude of Jember against Local Regulation of Jember Number 1 Year 2015 About Regional Exterior Plan Jember District 2015 - 2035 inconsistent with implementation to the use hills. With done by people to hills exploitation economic interests, the impact on the environment. if the view is subjective, it is obvious for the perpetrators of such as hills owner, miners, investors, view it give positive impact for open jobs and improve economic mobility in the region. But for people around the hills, will feel mostly negatives impact, as the weather hotter, drought, erosion, flood, high wind, and micro climate change. The hand of the government through all its policies must put the protection and preservation of environment as the main priority. Economic growth must be consistent with the protection of environment. The current generation must be bequeathed to the next generation of good natural. So the utilization of hills can be done by making hills as a green tourism park, place jogging track, place students research with planted with various plants and conservation of flora and fauna and the existence of a over zoning for the protection hills to as one of the efforts the management of environmental sustainability, with create a community care hills and action as the government policy control of Jember related to the protection hills, proposing an objection against the decision officials responsible for development that is not considered in accordance with the spatial plan, working together with the Government in the spatial plan and oversee the implementation of spatial plan.

REFORMASI ADMINISTRASI DALAM MANAJEMEN BENCANA Burhanudin Mukhamad Faturahman
MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017
Publisher : universitas islam darul ulum lamongan

Disaster management is one form of service for the public, which in practice should be managed properly in order to reduce suffering and loss due to a disaster. A descriptive qualitative research shows that changes in mindset and cultural set as initial steps the administration reform in disaster relief in Pacitan Regency need to focus on the activities of the anticipation of disaster which was formed by local stakeholders. This requires awareness of local awareness, commitment, and development efforts are oriented on the anticipation of tsunamis, landslides and flooding.

PERTANGGUNGJAWABAN PRIBADI DIREKSI PADA PERSEROAN TERBATAS YANG PAILIT Verina Yuwono Setianto
MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017
Publisher : universitas islam darul ulum lamongan

In principle, the Board of Directors shall not be personally liable for acts committed for and on behalf of the company based on the authority it possesses. This is because the actions of the Board of Directors are viewed as the actions of the Company which is the subject of independent law so that the company is responsible for the actions of the company itself which in this case is represented by the Board of Directors. Due to the limited liability which is characteristic of the Limited Company, the Limited Company must be responsible for the engagement made between the Company and a third party. The principle of limited liability is what is often used by many people to choose the form of legal entity Limited Company, because by using the construction of the Limited Company, it can minimize the risk of losses that may arise. However, in some cases the board of directors may also be held personally liable in the event of bankruptcy of Limited Company when the bankruptcy of the Limited Company is caused by errors / omissions made by the Board of Directors in conducting the task of Limited company so that the law will be imposed personal responsibility to the Director who is guilty / negligent.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN AKIBAT PENGGUNAAN KOLAGEN INJEKSI DI INDONESIA Abdul Ghofur; Siti Afiyah; Sholihan Sholihan
MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Consumer protection in Indonesia is considered to be of little concern, one example of the use of collagen injections which can be dangerous for patients who inject collagen not only makes the body fresh and healthy, but also makes the skin of the wearer smoother. More than that, this product is also claimed to make the wearer stay young. Excessive advertising, word of mouth, makes many women tempted to try. Moreover, in terms of relative prices, it is much cheaper than performing operations. The method used in this research is the normative juridical research type. Regulations related to the production and distribution of drugs and / or cosmetics in Indonesia, especially collagen injection, are contained in Law Number 8 of 1999 concerning Consumer Protection, Regulation of the Minister of Health Number 1010 / Menkes / Per / XI / 2008 concerning Drug Registration. Regulation of the Head of the Agency Number HK.04.1.33.12.11.09938 of 2011 concerning Criteria and Procedures for Withdrawal of Drugs Not Fulfilling Standards and / or Requirements and Law Number 36 Year 2009 concerning Health. In the Regulation of the Head of Drug and Food Control of the Republic of Indonesia Number 28 of 2013 concerning Supervision of the Importation of Medicinal Ingredients, Traditional Medicinal Materials, Health Supplement Ingredients and Food Ingredients into the Indonesian Territory the administrative responsibility The responsibility of business actors for the use of injectable collagen consists of criminal responsibility and civil liability.

Hak Politik Mantan Narapidana Untuk Mencalonkan Diri Sebagai Calon Kepala Daerah (Analisis terhadap Putusan MK. No. 42/PUU-XIII/2015) Muhammad Lutfi Hardiyanto; Shalahudin Serba Bagus; Ahmad Munir
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 1 No 2 (2017): Desember 2017
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v1i2.799

This article discusses the political rights of former inmates to run for candidates for a mayor. This article is the result of an analysis of the decision of the Constitutional Court. No. 42/PUU-XIII/2015 which gives political rights to former inmates to run for a mayor candidate. Basic consideration (ratio decidendi) of the decision of the Constitutional Court namely; the right to vote and to be elected by a person can only be withdrawn on the basis of a court decision not in accordance with the provisions of law; a person who has served the sentence and left the prison is essentially a person who has repented and regrets his actions, so it is not appropriate to be given further punishment through the provisions of the law which prohibite the candidacy in the election of regional head. On that basis, the Constitutional Court granted the right to former inmates to run for regional heads. The Constitutional Court ruling has a legal effect on former prisoners who were previously not allowed to run for regional head candidates. Following the verdict of the Constitutional Court the right of prisoners has the same right to run in elections.

PENGUJIAN PERATURAN PERUNDANG-UNDANGAN DI BAWAH UNDANG-UNDANG OLEH MAHKAMAH AGUNG Sudarsono Sudarsono
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 1 No 2 (2017): Desember 2017
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v1i2.832

In realizing unity in the legislation system in Indonesia, it is known that there is a Judicial Review conducted by the Constitutional Court and the Supreme Court. Article 9 of Law Number 12 Year 2011 concerning the establishment of laws and regulations states that the Constitutional Court has the authority to examine the legality of a law with the test stone of the 1945 Constitution of the State of the Republic of Indonesia, while the Supreme Court has the authority to examine the legality of a legislation under the law with a test stone legislation. The Supreme Court in exercising its authority has issued the Supreme Court Regulation No. 1 of 2011 on the Right to Material Test. In its development, the Supreme Court Regulation Number 1 Year 2011 needs to be refined, whether related to the definition of "laws and regulations" that become the competence of the Supreme Court, as well as the improvement of procedural law such as grace period of submission of answers, type of verdict, to the involvement of the parties in litigation a dispute on the Right to Material Test in the Supreme Court. The legal issues in this study are: (1) Competence of the Supreme Court in conducting examination of the petition for Material Test Rights; and (2) Procedural Law in the examination of the petition for Judicial Review of Judicial Rights by the Supreme Court. This research is legal research, with approach of statute approach and conceptual approach. From this study it is found that: (1) the definition of "legislation" which can be tested in the Supreme Court based on Supreme Court Regulation Number 1 Year 2011 is very open (open texture) and different from the definition of "legislation as Article 1 Number 2 of Law Number 12 Year 2011; and (2) in relation to the procedural law at the examination of the Material Rights Trial in the Supreme Court, it is known that the grace period of the response of only 14 (fourteen) days, the inappropriate "unlawful" decision, the involvement of the parties only submission of requests and answers only, to the model of execution of decisions that are not in accordance with the character of the test of a norm of legislation. From both of these things, it is necessary to improve the Supreme Court Regulation Number 1 Year 2011.

PERLINDUNGAN HUKUM TERHADAP BURUH WANITA SEKTOR PEKERJA RUMAH TANGGA (PRT) DI KOTA SURABAYA Muwahid Muwahid
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 1 No 2 (2017): Desember 2017
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v1i2.901

Research on the legal protection of women workers housekeeper sector aims to answer the problem; how the legal protection arrangements for a domestic helper in the legislation, how application of legal protection against domestic servants in the city of Surabaya, what obstacles and solutions to the implementation of the legal protection. This study is an empirical law, sources of primary data obtained from the respondents, namely domestic, manpower officials, NGOs. Secondary data source of legislation. Data was collected through interviews, observation, and study documents, while data analysis using inductive thought pattern. The results showed: the setting of legal protection in labor law is limited to formal workers, domestic helpers work (PRT) in the legislation are not categorized as workers, so that their basic rights as workers are not guaranteed. Application of legal protection of women workers sector domestic workers (PRT) in the city of Surabaya is not maximized. Most domestic workers in the city of Surabaya who do not get their rights as workers such as the right to earn wages above the minimum wage city, leave entitlements, social security rights and workplace accidents. factors that affect the application of the maximum no legal protection for women workers sector domestic workers (PRT) in the city of Surabaya is as follows; First, juridical factors. Legally, domestic as normative informal workers do not enter the category of workers under Law No. 13 In 2003, the Second, sociological factors. Sociologically, the implementation constraints of legal protection for domestic workers domestic workers due to low education, economic urgency, domestic practices tend to closed and lack of control of the government.

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Home Page

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Reviewer

Google Scholar

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Location Kab. lamongan, Jawa timur INDONESIA

Abstract

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Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kab. lamongan,

Jawa timur

INDONESIA