Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia
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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<![CDATA[LEGALITAS JASA TRANSPORTASI ONLINE DALAM PERSPEKTIF PENGATURAN LALU LINTAS DAN ANGKUTAN JALAN ]]>
<![CDATA[Nur Afit Santoso]]>;
<![CDATA[Afif Hasbullah]]>;
<![CDATA[Muwahid Muwahid]]>
<![CDATA[ MIMBAR YUSTITIA Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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DOI: 10.52166/mimbar.v4i1.1960
<![CDATA[The issues discussed in this paper concerning the regulation of transportation services based on information technology in the Laws and Regulations. And the legality of information technology-based transportation services in the perspective of Law no. 22 of 2009 on Road Traffic and Transport (UU LLAJ). This paper uses a normative juridical research type, using a statute approach, conceptual approach and analitycal approach. The information technology-based transportation services are regulated in the LLAJ Law, Government Regulation Number 74 Year 2014 on Road Transportation (PP No. 74 Year 2014), and Regulation of the Minister of Transportation Number 118 Year 2018 on the Implementation of Special Rental Transportation (Permenhub No. 118 Year 2018). Regarding the legality of information technology-based transportation services in the perspective of LLAJ Law, it is said to be legal if it is subject to the provisions of Permenhub. 118 of 2018.]]>
<![CDATA[KEDUDUKAN, TUGAS POKOK, DAN FUNGSI SERTA EKSISTENSI MAHKAMAH AGUNG DI INDONESIA ]]>
<![CDATA[Muhammad Faqih]]>
<![CDATA[ MIMBAR YUSTITIA Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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DOI: 10.52166/mimbar.v4i1.2309
<![CDATA[The Supreme Court is the state institution that exercised the power of the highest judiciary in Indonesia. The power of the judiciary exercised by the Supreme Court is independent, meaning that the Supreme Court is free from the influence or interference of other state powers. As the implementer of Law No. 14 of 1970, formulated the main duties, functions and authorities of the Supreme Court are judicial functions, supervisory functions, administratif functions, and other functions in accordance with the law. The purpose of this research is to find out how the position, basic duties, and functions and existence of the Supreme Court in Indonesia. In this study using legal research that applies four approaches as follows; (1) legal approach; (2) approach problems or matters; (3) comparison and approach; (4) concept approach. A long history records that the existence of the Supreme Court in the Indonesian constitutional system is always contained in the constitution and laws and regulations. The long journey of the Supreme Court made it more concrete and gained the trust of the public related to judicial issues in Indonesia.]]>
<![CDATA[KEBIJAKAN FORMULASI SANKSI PIDANA KEBIRI KIMIA DI INDONESIA YANG AKAN DATANG ]]>
<![CDATA[Endik Wahyudi]]>;
<![CDATA[Gerry Gerry Joe]]>
<![CDATA[ MIMBAR YUSTITIA Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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DOI: 10.52166/mimbar.v4i1.2310
<![CDATA[Since the publication of The Substitute Government Regulation (PERPU) No. 1 of 2016 on the second Amendment to Law No. 23 of 2002 on Child Protection, two cases have been decided given chemical castration measures. However, until now the process of funding / sanctions has not been implemented even though it has the power of law anyway. Due to the absence of institutions willing to do so, including Ikatan Dokter Indonesia who felt the sanction was an act that violated the Health Law, as well as the act of chemical castration is seen as retaliation for its actions that of course deviate from the original purpose of funding. This is the background to conducting normative research on the policy of chemicalbirth sanction formulations that apply in Indonesia in the future. This research uses normative research methods, to find the right formulation of sanctions for perpetrators of sexual crimes. The discussion of criminal formulation policy regarding chemical castration as punishment becomes very necessary, seeing its leading sector refuse to be an executor. The act of chemical castration into treatment or treatment of the perpetrator is a solution that can be provided, in line with the statement from ikatan dokter Indonesia, pedophilia is a sexual disorder that occurs due to psychological disorders.]]>
<![CDATA[PRAKTIK KARTEL MASKAPAI PENERBANGAN DI ERA REVOLUSI INDUSTRI 4.0 ]]>
<![CDATA[M. Alvin Nur Coiroly]]>;
<![CDATA[Ahmad Munir]]>;
<![CDATA[Moh Hudi]]>
<![CDATA[ MIMBAR YUSTITIA Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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<![CDATA[Industrial Revolution 4.0 is a new breakthrough in the business world by relying on information and communication technology. The impact of this industrial revolution also occurred in Indonesia. In the aviation industry for example, ticket booking can be directly purchased via mobile phone. The rapid growth of the national aviation industry makes competition between airlines occur ranging from services to ticket prices. This research uses normative research methods, namely using legislation approaches and conceptual approaches on the concept of conspiracy and cartels by analyzing potential cartels against rising airfares. Business competition methods if done healthily will benefit both consumers and businesses / producers, but unfair business competition can give birth to monopolies and cartel practices. Cartels are considered criminal acts accompanied by criminal fines and/or confinement. The Business Competition Supervisory Commission responded to these allegations by conducting an investigation that was previously only within the limits of research, in the process of investigation must look for at least two tools of evidence to advance to the filing stage then proceed to court.]]>
<![CDATA[PENGATURAN HUKUM PENGEMBALIAN KERUGIAN KEUANGAN NEGARA ATAS TERDAKWA TINDAK PIDANA KORUPSI YANG MENINGGAL DUNIA ]]>
<![CDATA[Muhammad Mashuri]]>
<![CDATA[ MIMBAR YUSTITIA Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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<![CDATA[Refund of state financial losses related to accused corruption who died using civil instruments in an effort to recover losses. Efforts to recover financial losses of the state using civil instruments, are entirely subject to the discipline of material civil law as well as formil, although it relates to corruption crimes. Criminal proceedings follow a material evidentiary system while civil processes adhere to a formil evidentiary system that can be more difficult than material proof. The method used in this study is to follow the method of normative legal research by analyzing the regulation of the substance of the provisions on the procedure of returning state financial losses related to the accused of corruption crimes who died. In the event that the accused dies during the examination at the court hearing, while in real terms there has been a state financial loss, then the public prosecutor immediately submits a copy of the news file of the hearing to the State Attorney or submitted to the aggrieved agency for civil lawsuit against his heirs. After the court's decision that has obtained a permanent legal force, there are still property belonging to the convicted that is suspected to be derived from the proceeds of corruption crimes, civil lawsuits can be made against the convicted or his heirs.]]>
<![CDATA[LEGALITAS JASA TRANSPORTASI ONLINE DALAM PERSPEKTIF PENGATURAN LALU LINTAS DAN ANGKUTAN JALAN ]]>
<![CDATA[Nur Afit Santoso]]>;
<![CDATA[Afif Hasbullah]]>;
<![CDATA[Muwahid Muwahid]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[Universitas Islam Darul Ulum ]]>
Show Abstract
|
Download Original
|
Original Source
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Check in Google Scholar
|
DOI: 10.52166/mimbar.v4i1.1960
<![CDATA[The issues discussed in this paper concerning the regulation of transportation services based on information technology in the Laws and Regulations. And the legality of information technology-based transportation services in the perspective of Law no. 22 of 2009 on Road Traffic and Transport (UU LLAJ). This paper uses a normative juridical research type, using a statute approach, conceptual approach and analitycal approach. The information technology-based transportation services are regulated in the LLAJ Law, Government Regulation Number 74 Year 2014 on Road Transportation (PP No. 74 Year 2014), and Regulation of the Minister of Transportation Number 118 Year 2018 on the Implementation of Special Rental Transportation (Permenhub No. 118 Year 2018). Regarding the legality of information technology-based transportation services in the perspective of LLAJ Law, it is said to be legal if it is subject to the provisions of Permenhub. 118 of 2018.]]>
<![CDATA[KEDUDUKAN, TUGAS POKOK, DAN FUNGSI SERTA EKSISTENSI MAHKAMAH AGUNG DI INDONESIA ]]>
<![CDATA[Muhammad Faqih]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[Universitas Islam Darul Ulum ]]>
Show Abstract
|
Download Original
|
Original Source
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Check in Google Scholar
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DOI: 10.52166/mimbar.v4i1.2309
<![CDATA[The Supreme Court is the state institution that exercised the power of the highest judiciary in Indonesia. The power of the judiciary exercised by the Supreme Court is independent, meaning that the Supreme Court is free from the influence or interference of other state powers. As the implementer of Law No. 14 of 1970, formulated the main duties, functions and authorities of the Supreme Court are judicial functions, supervisory functions, administratif functions, and other functions in accordance with the law. The purpose of this research is to find out how the position, basic duties, and functions and existence of the Supreme Court in Indonesia. In this study using legal research that applies four approaches as follows; (1) legal approach; (2) approach problems or matters; (3) comparison and approach; (4) concept approach. A long history records that the existence of the Supreme Court in the Indonesian constitutional system is always contained in the constitution and laws and regulations. The long journey of the Supreme Court made it more concrete and gained the trust of the public related to judicial issues in Indonesia.]]>
<![CDATA[KEBIJAKAN FORMULASI SANKSI PIDANA KEBIRI KIMIA DI INDONESIA YANG AKAN DATANG ]]>
<![CDATA[Endik Wahyudi]]>;
<![CDATA[Gerry Gerry Joe]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[Universitas Islam Darul Ulum ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.52166/mimbar.v4i1.2310
<![CDATA[Since the publication of The Substitute Government Regulation (PERPU) No. 1 of 2016 on the second Amendment to Law No. 23 of 2002 on Child Protection, two cases have been decided given chemical castration measures. However, until now the process of funding / sanctions has not been implemented even though it has the power of law anyway. Due to the absence of institutions willing to do so, including Ikatan Dokter Indonesia who felt the sanction was an act that violated the Health Law, as well as the act of chemical castration is seen as retaliation for its actions that of course deviate from the original purpose of funding. This is the background to conducting normative research on the policy of chemicalbirth sanction formulations that apply in Indonesia in the future. This research uses normative research methods, to find the right formulation of sanctions for perpetrators of sexual crimes. The discussion of criminal formulation policy regarding chemical castration as punishment becomes very necessary, seeing its leading sector refuse to be an executor. The act of chemical castration into treatment or treatment of the perpetrator is a solution that can be provided, in line with the statement from ikatan dokter Indonesia, pedophilia is a sexual disorder that occurs due to psychological disorders.]]>
<![CDATA[PRAKTIK KARTEL MASKAPAI PENERBANGAN DI ERA REVOLUSI INDUSTRI 4.0 ]]>
<![CDATA[M. Alvin Nur Coiroly]]>;
<![CDATA[Ahmad Munir]]>;
<![CDATA[Moh Hudi]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[Universitas Islam Darul Ulum ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Industrial Revolution 4.0 is a new breakthrough in the business world by relying on information and communication technology. The impact of this industrial revolution also occurred in Indonesia. In the aviation industry for example, ticket booking can be directly purchased via mobile phone. The rapid growth of the national aviation industry makes competition between airlines occur ranging from services to ticket prices. This research uses normative research methods, namely using legislation approaches and conceptual approaches on the concept of conspiracy and cartels by analyzing potential cartels against rising airfares. Business competition methods if done healthily will benefit both consumers and businesses / producers, but unfair business competition can give birth to monopolies and cartel practices. Cartels are considered criminal acts accompanied by criminal fines and/or confinement. The Business Competition Supervisory Commission responded to these allegations by conducting an investigation that was previously only within the limits of research, in the process of investigation must look for at least two tools of evidence to advance to the filing stage then proceed to court.]]>
<![CDATA[PENGATURAN HUKUM PENGEMBALIAN KERUGIAN KEUANGAN NEGARA ATAS TERDAKWA TINDAK PIDANA KORUPSI YANG MENINGGAL DUNIA ]]>
<![CDATA[Muhammad Mashuri]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[Universitas Islam Darul Ulum ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Refund of state financial losses related to accused corruption who died using civil instruments in an effort to recover losses. Efforts to recover financial losses of the state using civil instruments, are entirely subject to the discipline of material civil law as well as formil, although it relates to corruption crimes. Criminal proceedings follow a material evidentiary system while civil processes adhere to a formil evidentiary system that can be more difficult than material proof. The method used in this study is to follow the method of normative legal research by analyzing the regulation of the substance of the provisions on the procedure of returning state financial losses related to the accused of corruption crimes who died. In the event that the accused dies during the examination at the court hearing, while in real terms there has been a state financial loss, then the public prosecutor immediately submits a copy of the news file of the hearing to the State Attorney or submitted to the aggrieved agency for civil lawsuit against his heirs. After the court's decision that has obtained a permanent legal force, there are still property belonging to the convicted that is suspected to be derived from the proceeds of corruption crimes, civil lawsuits can be made against the convicted or his heirs.]]>
