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Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia
ISSN : 25804561     EISSN : 2580457X     DOI : -
Core Subject : Social,
MIMBAR YUSTITIA publishes research on various topics, national laws and international law, including analysis on policies, verdict, and human rights issues. The journal has published some of the most popular and popular articles in this field. This is an invaluable resource for academics and also interested in current analysis of current legal issues. The journal is published by Faculty of Law Universitas Islam Darul Ulum Lamongan Indonesia.
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Articles 14 Documents
Search results for , issue "Vol 3 No 1 (2019): Juni 2019" : 14 Documents clear
TINJAUAN YURIDIS KASUS "BAU IKAN ASIN" GALIH GINANJAR DAN FAIRUZ A. RAFIQ Habib Musta'an
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i1.1598

Abstract

The outbreak of the case of "salted fish" which involved Fairuz A. Rafiq with his ex-husband was a negative impact of technological advances. It began when Fairuz A. Rafiq's ex-husband, Galih Ginanjar, was interviewed by Rey Utami and Pablo Benua who alluded to Galih Ginanjar's household problems with his ex-wife, whose subsequent talk or interview was uploaded by Rey Utami and Pablo Benua on their youtube account . This case itself has so far dragged 3 (three) names as suspects, namely Galih Ginanjar, Rey Utami, and Pablo Benua. The purpose of this study is to know the legal rules that have been violated in the "salted fish" case (defamation) between Fairuz A Rafiq and Galih Ginanjar, and which articles can be applied for the case. This research uses legal research methods, based on a case approach (case approach), approach to legal doctrines (conseptual approach), historical approaches (historical approach), and approaches to existing legal rules (statute approach).
PERBUATAN PIDANA YANG DILAKUKAN OLEH PENGEDAR NARKOTIKA DENGAN MENGGUNAKAN TEKNOLOGI INTERNET DAN APLIKASI VPN Hendro Utaryo
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (582.627 KB) | DOI: 10.52166/mimbar.v3i1.1736

Abstract

The growing population and the development of communication technology led to the increasing use of Internet technology. Narcotics circulation through the development of Internet technology and VPN applications is the impact of misuse of the positive functions of a technology that has evolved into negative functions and against the law. The use of technology that has evolved from a communication device by the narcotics distributor to market their narcotics trading quickly, briefly, and veiled with the intent of activities that will be disseminating and trading narcotics not May be known by the authorities. This research uses normative research method by analyzing about criminal action conducted by narcotics distributor using Internet based technology and VPN application as well as determining locus delicti from The cause of the cyberlaw and its accountability for narcotics dealers.
PENERAPAN SANKSI PENENGGELAMAN KAPAL ASING PELAKU ILLEGAL FISHING OLEH PEMERINTAH INDONESIA (PERSPEKTIF HUKUM INTERNASIONAL) Siti Munawaroh
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (567.42 KB) | DOI: 10.52166/mimbar.v3i1.1739

Abstract

Indonesia is an archipelagic country which most of its territory consists of vast territorial waters (sea) and is geographically the largest archipelagic country in the world. The Indonesian Sea has an area of 5.8 million km2 consisting of; territorial sea with an area of 0.8 million km2, archipelago sea 2.3 million km2, and EEZ 2.7 million km2, and has 17,480 islands with a coastline of 95,181 km2, and has a very large and diverse fisheries potential. This research uses the normative study method of finding the rule of law, principles of law, and legal doctrine to answer legal issues in applying the sanctions of foreign vessels that do illegal fishing. The potential of fisheries is an economic potential that can be utilized for the future of the nation as a basis for national development. However, there are still irresponsible parties who take Indonesia's marine products illegally or commonly referred to as illegal fishing. Illegal fishing is a criminal act that can be subject to sanctions.
MAKNA PERSETUJUAN BERSAMA DPR DAN PRESIDEN DALAM PEMBENTUKAN UNDANG-UNDANG Aris Arianto; Afif Hasbullah; Sholihan Sholihan
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i1.1843

Abstract

The establishment of the Act must be approved by the President as stated in Article 20 of the 1945 Constitution paragraph (2). Interesting when Indonesia uses a presidential system with the separation of powers. However, in the formation of the Act involving the President. Article 20 paragraph (2) of the 1945 Constitution confirms the necessity of mutual agreement in the discussion and ratification of the Law. However, there are other assertions, namely that in Article 20 paragraph (5) of the 1945 Constitution, even without the President's signature, the Act can still be promulgated within 30 days of the Draft Law being discussed. Things like that can't just happen without a reason. Therefore, the writing of this study will look for the meaning of the agreement between the DPR and the President in the formation of the Law and how the legal politics of Article 20 paragraph (5) of the 1945 Constitution. The writing of this study is focused on researching and searching for the meaning of mutual agreement and focusing on legal politics from Article 20 paragraph 5 of the 1945 Constitution. The research method in this writing is normative juridical. The results of the research can be concluded that the meaning of the joint agreement between the DPR and the President in the establishment of the Law is an agreement in determining the policy in the form of a Law which is a reflection of the principle of checks and balances. Legal politics Article 20 paragraph (5) of the 1945 Constitution is an affirmation of Article 20 paragraph (2) of the 1945 Constitution or can be called an affirmation of collective agreement. The establishment of the Act must be approved by the President as stated in Article 20 of the 1945 Constitution paragraph (2). Interesting when Indonesia uses a presidential system with the separation of powers. However, in the formation of the Act involving the President. Article 20 paragraph (2) of the 1945 Constitution confirms the necessity of mutual agreement in the discussion and ratification of the Law. However, there are other assertions, namely that in Article 20 paragraph (5) of the 1945 Constitution, even without the President's signature, the Act can still be promulgated within 30 days of the Draft Law being discussed. Things like that can't just happen without a reason. Therefore, the writing of this study will look for the meaning of the agreement between the DPR and the President in the formation of the Law and how the legal politics of Article 20 paragraph (5) of the 1945 Constitution. The writing of this study is focused on researching and searching for the meaning of mutual agreement and focusing on legal politics from Article 20 paragraph 5 of the 1945 Constitution. The research method in this writing is normative juridical. The results of the research can be concluded that the meaning of the joint agreement between the DPR and the President in the establishment of the Law is an agreement in determining the policy in the form of a Law which is a reflection of the principle of checks and balances. Legal politics Article 20 paragraph (5) of the 1945 Constitution is an affirmation of Article 20 paragraph (2) of the 1945 Constitution or can be called an affirmation of collective agreement.
EKSISTENSI PARTAI POLITIK DI INDONESIA MASA PRA DAN PASCA KEMERDEKAAN Nadhifatus Shofia; Moch. Zaidan Alamsyafi
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (478.499 KB) | DOI: 10.52166/mimbar.v3i1.1854

Abstract

The political system in Indonesia always has a close relationship with political parties. Basically, the emergence of political parties is the actualization of the various sects or political views that lie behind them. Through a theoretical and law approach, this paper discusses the existence of political parties in Indonesia, especially in the pre and post independence period. The author concludes that in terms of basic ideological aspects, the emergence of Indonesian political parties in the pre-independence era is the actualization of three political streams or views that found momentum in the 20th century. The three streams referred to are Nationalism, Islam, and Marxism/Socialism. After the proclamation of independence, the emergence of the concept of multiple parties gave rise to several new political parties. The formation of political parties after the proclamation of independence is often based on the values or principles of divinity, nationality, and Marxism. However, this does not prevent the emergence of parties that were born based on values or other principles.
AKIBAT HUKUM ATAS PEMBATALAN SURAT KEPUTUSAN BUPATI TENTANG PEMBERHENTIAN KEPALA DESA SUMURBER KECAMATAN PANCENG KABUPATEN GRESIK Eksan Eksan; Ainul Masruroh; Sholihan Sholihan
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (366.956 KB) | DOI: 10.52166/mimbar.v3i1.1863

Abstract

The agency or the administrative office of the State does not necessarily succeed in carrying out its duties, sometimes the dispute arises due to a decision of the State administration that can cause dissatisfaction. The proposed termination of village chief conducted by the Village consultative Agency is not qualified as a reason to dismiss the head of Sumurber village, Panceng District, Gresik Regency. In addition to the State Administrative Decree/object dispute is contrary to government regulation about the village, also contrary to the regional regulation of Gresik Regency number 12 Year 2006 about the village government. On the other hand, the country's administrative decisions are contrary to good principles of government. Because the State Administrative Decree/object dispute is a state administrative decision contrary to good laws and principles of government. The author uses a method of scripting which provides the solution of legal case ATS that occur. This study analyzed the cancellation of decree of Regent of Gresik No. 141/678/HK/437.12/2013, dated 3 May 2013 concerning the dismissal of the village head of Sumurber, Panceng District, Gresik Regency. The decision of deliberation of the village consultative Agency related to the termination of the village head has been null and void, as a result of the Regent's decision on the termination of Sumurber village chief is irrevocable.
SEJARAH KETATANEGARAAN PASCA PROKLAMASI KEMERDEKAAN 17 AGUSTUS 1945 SAMPAI 5 JULI 1959 DI INDONESIA Agil Burhan Satia; Cicik Nike Rimayani; Hesti Nuraini
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (399.079 KB) | DOI: 10.52166/mimbar.v3i1.1864

Abstract

A number of historians and legal experts consider that a number of major events in 1945 to 1959 affected the foundations and structures of Indonesian law. Therefore, through a theoretical and legislative approach, this paper discusses the history of Indonesian state administration from August 17, 1945 to July 5, 1959. The author concludes that the history of Indonesian state administration is inseparable from Proklamasi Kemerdekaan 17 Agustus 1945, the birth of UUD 1945, the birth of Konstritusi RIS 1949, Dekrit Presiden 5 Juli 1959, and the change of government system in the constitution. Proklamasi Kemerdekaan 17 Agustus 1945 contained three meanings, namely the sovereignty of the nation, the statement of independence, and efforts to uplift the nation's dignity. The birth of UUD 1945 contains a number of historical facts, namely the presentation of ideas on the basis of the state, the formation of the Draft Constitution and the establishment of UUD 1945. The birth of Konstritusi RIS 1949 included two historic events, namely the Perundingan Linggajati which gave rise to a variety of interpretations of Indonesian-Dutch sovereignty and the Konferensi Meja Bundar (KMB) which resulted in the formation of the United States of the Republic of Indonesia. Dekrit Presiden 5 Juli 1959 which contained the dissolution of the Constituent Assembly, the re-enactment of UUD 1945, and the formation of the MPR. The change in the system of government outlined by the constitution also affected Indonesian state administration.
TINJAUAN YURIDIS KASUS "BAU IKAN ASIN" GALIH GINANJAR DAN FAIRUZ A. RAFIQ Habib Musta'an
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 3 No 1 (2019): Juni 2019
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i1.1598

Abstract

The outbreak of the case of "salted fish" which involved Fairuz A. Rafiq with his ex-husband was a negative impact of technological advances. It began when Fairuz A. Rafiq's ex-husband, Galih Ginanjar, was interviewed by Rey Utami and Pablo Benua who alluded to Galih Ginanjar's household problems with his ex-wife, whose subsequent talk or interview was uploaded by Rey Utami and Pablo Benua on their youtube account . This case itself has so far dragged 3 (three) names as suspects, namely Galih Ginanjar, Rey Utami, and Pablo Benua. The purpose of this study is to know the legal rules that have been violated in the "salted fish" case (defamation) between Fairuz A Rafiq and Galih Ginanjar, and which articles can be applied for the case. This research uses legal research methods, based on a case approach (case approach), approach to legal doctrines (conseptual approach), historical approaches (historical approach), and approaches to existing legal rules (statute approach).
PERBUATAN PIDANA YANG DILAKUKAN OLEH PENGEDAR NARKOTIKA DENGAN MENGGUNAKAN TEKNOLOGI INTERNET DAN APLIKASI VPN Hendro Utaryo
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 3 No 1 (2019): Juni 2019
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i1.1736

Abstract

The growing population and the development of communication technology led to the increasing use of Internet technology. Narcotics circulation through the development of Internet technology and VPN applications is the impact of misuse of the positive functions of a technology that has evolved into negative functions and against the law. The use of technology that has evolved from a communication device by the narcotics distributor to market their narcotics trading quickly, briefly, and veiled with the intent of activities that will be disseminating and trading narcotics not May be known by the authorities. This research uses normative research method by analyzing about criminal action conducted by narcotics distributor using Internet based technology and VPN application as well as determining locus delicti from The cause of the cyberlaw and its accountability for narcotics dealers.
PENERAPAN SANKSI PENENGGELAMAN KAPAL ASING PELAKU ILLEGAL FISHING OLEH PEMERINTAH INDONESIA (PERSPEKTIF HUKUM INTERNASIONAL) Siti Munawaroh
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 3 No 1 (2019): Juni 2019
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i1.1739

Abstract

Indonesia is an archipelagic country which most of its territory consists of vast territorial waters (sea) and is geographically the largest archipelagic country in the world. The Indonesian Sea has an area of 5.8 million km2 consisting of; territorial sea with an area of 0.8 million km2, archipelago sea 2.3 million km2, and EEZ 2.7 million km2, and has 17,480 islands with a coastline of 95,181 km2, and has a very large and diverse fisheries potential. This research uses the normative study method of finding the rule of law, principles of law, and legal doctrine to answer legal issues in applying the sanctions of foreign vessels that do illegal fishing. The potential of fisheries is an economic potential that can be utilized for the future of the nation as a basis for national development. However, there are still irresponsible parties who take Indonesia's marine products illegally or commonly referred to as illegal fishing. Illegal fishing is a criminal act that can be subject to sanctions.

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