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Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia
Published by Universitas Islam Darul Ulum
ISSN : 25804561     EISSN : 2580457X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : -
Articles 10 Documents
 1 
Search results for , issue "Vol 4 No 2 (2020): Desember 2020" : 10 Documents clear
PERTIMBANGAN PUTUSAN PENGENAAN DENDA DALAM PELANGGARAN LALU LINTAS JALAN RAYA Bayu Apriliyantomo
MIMBAR YUSTITIA Vol 4 No 2 (2020): Desember 2020
Publisher : universitas islam darul ulum lamongan

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

Abstract

Traffic violations on the highway by motorists lead to accidents. The majority of traffic violations are in the form of violations of traffic signs, such as prohibitions on stopping and parking in certain places, violating traffic lights such as breaking through red lights, and others. Inspections of motorized vehicles on the road by police officers or police operations are in fact law enforcement officers who provide more criminal sanctions in the form of fines than imprisonment (imprisonment) for motorists who violate traffic regulations. The research method used is a normative legal research method through a statute approach and a conceptual approach to the decision to impose fines in road traffic violations according to Law No. 22 of 2009 concerning Road Traffic and Transportation. In deciding the case of traffic violations, the Judge in considering his decision is faced with two choices to decide the case, namely whether to decide to impose a maximum imprisonment of 2 (two) months or decide to impose a fine. In practice, judges choose a second alternative decision, which is to impose fines on violators. The legal basis and considerations are Article 7 paragraph (2) of the Regulation of the Supreme Court (PERMA) Number 12 of 2016 concerning Procedures for the Settlement of Traffic Violation Cases.
DISPENSASI UMUR PERKAWINAN SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 01 TAHUN 1974 TENTANG PERKAWINAN M. Syaifur Rohman; Sholihan Sholihan; Muwahid Muwahid
MIMBAR YUSTITIA Vol 4 No 2 (2020): Desember 2020
Publisher : universitas islam darul ulum lamongan

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

Abstract

Marriage dispensation is regulated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. with considerations and reasons for not meeting the requirements for the age of marriage as determined by the applicable laws and regulations. This study aims to fulfill the general provisions regarding marriage according to Law Number 16 of 2019 concerning Marriage, and want to know how the implementation of the provision of marriage dispensation based on the provisions of Article 7 paragraph (2) of Law Number 16 of 2019 concerning Marriage. From the main results of the research, it can be concluded that Law Number 16 of 2019 concerning Marriage adheres to the principle that a prospective husband and wife must have enough body and soul so that there is a regulation on the marriage age limit for men or women who must be 19 years old. The granting of a marriage dispensation for a prospective husband or wife who has not reached the age limit for marriage can be submitted by the parents (guardians) of the prospective husband or wife to the Religious Court in the applicant's jurisdiction. The dispensation application can be granted by the judge if there is a reason that the relationship between the prospective husband and the prospective wife does not deviate from the religious norms they adhere to.
PERJANJIAN KREDIT KENDARAAN BERMOTOR DENGAN FASILITAS PEMBIAYAAN MULTIGUNA TERHADAP ASAS KEBEBASAN BERKONTRAK Muhamad Zanuar Zanuar Prasetyo; Cipto Kuncoro; Siti Afiyah
MIMBAR YUSTITIA Vol 4 No 2 (2020): Desember 2020
Publisher : universitas islam darul ulum lamongan

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

Abstract

BCA Multifinance provides consumer financing facilities (multipurpose financing) in the form of funding for the purchase of motor vehicles. Motor vehicle loan agreement with installment payments at PT. BCA Multifinance is carried out in writing in a standardized form. For this reason, it is necessary to research whether the motor vehicle loan agreement with multipurpose financing facilities between the financing company and the customer (consumer) does not conflict with the principle of freedom of contract. The research method used is a normative legal research method. The use of this normative legal research method is based on the consideration that the discussion of the issues raised is related to the legislation, namely the Civil Code, and legal documents that have relevance to the goods credit agreement with the multipurpose financing facility of PT. BCA Multifinance Lamongan. Motor vehicle loan agreement with multipurpose financing facility based on the principle of freedom of contract, everyone may make a contract that contains and of any kind. Likewise, the existence of a standard clause in a motor vehicle loan agreement must meet certain conditions, both general requirements and special conditions so that the contract is valid according to law.
TINJAUAN YURIDIS KEWENANGAN HAK ANGKET DEWAN PERWAKILAN RAKYAT TERHADAP KOMISI PEMBERANTASAN KORUPSI Satriyo Amukti Wibowo
MIMBAR YUSTITIA Vol 4 No 2 (2020): Desember 2020
Publisher : universitas islam darul ulum lamongan

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

Abstract

The authority of the supervisory agency in writing this article, is focused on the authority of the DPR as a supervisory agency in overseeing the performance of other state institutions, by reviewing the 1945 Constitution, Law Number 17 of 2014 concerning MD3 (MPR, DPR, DPD, and DPRD), Law No. Number 30 of 2002 concerning the Corruption Eradication Commission (KPK), and the decision of the Constitutional Court (constitutional court) number 36/PUU-XV/2017. The research in this paper emphasizes the authority of the DPR in providing questionnaires to the KPK. The research method in this paper is a normative juridical approach with a statute approach, a conceptual approach, and a historical approach. The purpose of the research is simply to find out the provisions and regulations regarding the authority of the supervisory agency and to examine from a legal aspect the authority of the DPR as a supervisory agency in providing questionnaires to the KPK as an independent state institution. In carrying out their duties and authorities, they are independent and free from any power. The main results of the research can be concluded that the authority of the DPR as a state institution has three functions, namely, the legislative function, the budget function, and the supervisory function as stated in Article 20A paragraph (1) of the 1945 Constitution, and in carrying out these functions the DPR is also supported by several rights, namely, the right of interpellation, the right of inquiry, and the right to express an opinion, which are also stated in Article 20A paragraph (2) of the 1945 Constitution, but based on law number 30 of 2002 concerning the Corruption Eradication Commission (KPK), it is explained that the KPK is an institution independent country. The authority of the DPR as a supervisory agency in supervising state institutions, in this study the DPR gave a questionnaire to the KPK on a case that was considered important, strategic, and had a broad impact on the Indonesian people and nation.
PERLINDUNGAN HUKUM TERHADAP TANAH PERTANIAN ATAS ALIH FUNGSI MENJADI TANAH PERUMAHAN DAN INDUSTRI Saiful Munir
MIMBAR YUSTITIA Vol 4 No 2 (2020): Desember 2020
Publisher : universitas islam darul ulum lamongan

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

Abstract

The modernization paradigm that has been developing is that developed countries are industrial countries. Thus, if Indonesia turns into a modern country, it must change itself from an agricultural country to an industrial country. The regional government and the apparatus of the related institutions in the effort to realize the protection of sustainable food land are still limited to carrying out their main tasks and functions as outlined in the regional regulation, there are no other sociological efforts aimed at realizing sustainable agricultural land protection. This research was conducted to determine the product of government law in reducing the conversion of agricultural land into residential and industrial land. This is to determine the form of legal protection due to the conversion of agricultural land into residential and industrial land. The research carried out is a normative juridical legal research, which is a type of research that will examine the regulations, both legislation and other regulations under the law, which have a relationship with the issues the author is examining. In conducting research, the authors use several approaches, including a statutory approach (statue approach), a conceptual approach (conceptual approach), a historical approach (historical approach) and a comparative approach (comparative approach). The transfer of the function of agricultural land to non-agricultural in various regions in Indonesia is mostly carried out by the land owner itself and is influenced by other factors both internal and external as well as government policy factors.
PERTIMBANGAN PUTUSAN PENGENAAN DENDA DALAM PELANGGARAN LALU LINTAS JALAN RAYA Bayu Apriliyantomo
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3246

Abstract

Traffic violations on the highway by motorists lead to accidents. The majority of traffic violations are in the form of violations of traffic signs, such as prohibitions on stopping and parking in certain places, violating traffic lights such as breaking through red lights, and others. Inspections of motorized vehicles on the road by police officers or police operations are in fact law enforcement officers who provide more criminal sanctions in the form of fines than imprisonment (imprisonment) for motorists who violate traffic regulations. The research method used is a normative legal research method through a statute approach and a conceptual approach to the decision to impose fines in road traffic violations according to Law No. 22 of 2009 concerning Road Traffic and Transportation. In deciding the case of traffic violations, the Judge in considering his decision is faced with two choices to decide the case, namely whether to decide to impose a maximum imprisonment of 2 (two) months or decide to impose a fine. In practice, judges choose a second alternative decision, which is to impose fines on violators. The legal basis and considerations are Article 7 paragraph (2) of the Regulation of the Supreme Court (PERMA) Number 12 of 2016 concerning Procedures for the Settlement of Traffic Violation Cases.
DISPENSASI UMUR PERKAWINAN SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 01 TAHUN 1974 TENTANG PERKAWINAN M. Syaifur Rohman; Sholihan Sholihan; Muwahid Muwahid
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3250

Abstract

Marriage dispensation is regulated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. with considerations and reasons for not meeting the requirements for the age of marriage as determined by the applicable laws and regulations. This study aims to fulfill the general provisions regarding marriage according to Law Number 16 of 2019 concerning Marriage, and want to know how the implementation of the provision of marriage dispensation based on the provisions of Article 7 paragraph (2) of Law Number 16 of 2019 concerning Marriage. From the main results of the research, it can be concluded that Law Number 16 of 2019 concerning Marriage adheres to the principle that a prospective husband and wife must have enough body and soul so that there is a regulation on the marriage age limit for men or women who must be 19 years old. The granting of a marriage dispensation for a prospective husband or wife who has not reached the age limit for marriage can be submitted by the parents (guardians) of the prospective husband or wife to the Religious Court in the applicant's jurisdiction. The dispensation application can be granted by the judge if there is a reason that the relationship between the prospective husband and the prospective wife does not deviate from the religious norms they adhere to.
PERJANJIAN KREDIT KENDARAAN BERMOTOR DENGAN FASILITAS PEMBIAYAAN MULTIGUNA TERHADAP ASAS KEBEBASAN BERKONTRAK Muhamad Zanuar Prasetyo; Cipto Kuncoro; Siti Afiyah
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3334

Abstract

BCA Multifinance provides consumer financing facilities (multipurpose financing) in the form of funding for the purchase of motor vehicles. Motor vehicle loan agreement with installment payments at PT. BCA Multifinance is carried out in writing in a standardized form. For this reason, it is necessary to research whether the motor vehicle loan agreement with multipurpose financing facilities between the financing company and the customer (consumer) does not conflict with the principle of freedom of contract. The research method used is a normative legal research method. The use of this normative legal research method is based on the consideration that the discussion of the issues raised is related to the legislation, namely the Civil Code, and legal documents that have relevance to the goods credit agreement with the multipurpose financing facility of PT. BCA Multifinance Lamongan. Motor vehicle loan agreement with multipurpose financing facility based on the principle of freedom of contract, everyone may make a contract that contains and of any kind. Likewise, the existence of a standard clause in a motor vehicle loan agreement must meet certain conditions, both general requirements and special conditions so that the contract is valid according to law.
TINJAUAN YURIDIS KEWENANGAN HAK ANGKET DEWAN PERWAKILAN RAKYAT TERHADAP KOMISI PEMBERANTASAN KORUPSI Satriyo Amukti Wibowo
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3415

Abstract

The authority of the supervisory agency in writing this article, is focused on the authority of the DPR as a supervisory agency in overseeing the performance of other state institutions, by reviewing the 1945 Constitution, Law Number 17 of 2014 concerning MD3 (MPR, DPR, DPD, and DPRD), Law No. Number 30 of 2002 concerning the Corruption Eradication Commission (KPK), and the decision of the Constitutional Court (constitutional court) number 36/PUU-XV/2017. The research in this paper emphasizes the authority of the DPR in providing questionnaires to the KPK. The research method in this paper is a normative juridical approach with a statute approach, a conceptual approach, and a historical approach. The purpose of the research is simply to find out the provisions and regulations regarding the authority of the supervisory agency and to examine from a legal aspect the authority of the DPR as a supervisory agency in providing questionnaires to the KPK as an independent state institution. In carrying out their duties and authorities, they are independent and free from any power. The main results of the research can be concluded that the authority of the DPR as a state institution has three functions, namely, the legislative function, the budget function, and the supervisory function as stated in Article 20A paragraph (1) of the 1945 Constitution, and in carrying out these functions the DPR is also supported by several rights, namely, the right of interpellation, the right of inquiry, and the right to express an opinion, which are also stated in Article 20A paragraph (2) of the 1945 Constitution, but based on law number 30 of 2002 concerning the Corruption Eradication Commission (KPK), it is explained that the KPK is an institution independent country. The authority of the DPR as a supervisory agency in supervising state institutions, in this study the DPR gave a questionnaire to the KPK on a case that was considered important, strategic, and had a broad impact on the Indonesian people and nation.
PERLINDUNGAN HUKUM TERHADAP TANAH PERTANIAN ATAS ALIH FUNGSI MENJADI TANAH PERUMAHAN DAN INDUSTRI Saiful Munir
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3419

Abstract

The modernization paradigm that has been developing is that developed countries are industrial countries. Thus, if Indonesia turns into a modern country, it must change itself from an agricultural country to an industrial country. The regional government and the apparatus of the related institutions in the effort to realize the protection of sustainable food land are still limited to carrying out their main tasks and functions as outlined in the regional regulation, there are no other sociological efforts aimed at realizing sustainable agricultural land protection. This research was conducted to determine the product of government law in reducing the conversion of agricultural land into residential and industrial land. This is to determine the form of legal protection due to the conversion of agricultural land into residential and industrial land. The research carried out is a normative juridical legal research, which is a type of research that will examine the regulations, both legislation and other regulations under the law, which have a relationship with the issues the author is examining. In conducting research, the authors use several approaches, including a statutory approach (statue approach), a conceptual approach (conceptual approach), a historical approach (historical approach) and a comparative approach (comparative approach). The transfer of the function of agricultural land to non-agricultural in various regions in Indonesia is mostly carried out by the land owner itself and is influenced by other factors both internal and external as well as government policy factors.

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