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INDONESIA
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 7 Documents
 1 
Search results for , issue "Vol 7 No 1 (2023): Juni 2023" : 7 Documents clear
Perlindungan Hukum Terhadap Perusahaan Asuransi Atas Adanya Penyalahgunaan Klaim Asuransi Edi Wahjuni; Rhama Wisnu Wardhana; Safira Oktavia Purwanto
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.3462

Abstract

insurance that is starting to grow chosen by the public is property insurance. Property insurance is a product that provides compensation in the event of damage to the insured property. The purpose of writing this study is to analyze the forms of abuse of insurance claims and forms of legal protection for insurance companies from abuse of claims. The method is a normative juridical research type. The problem approach used is the legal approach (state approach) and the conceptual approach (conceptual approach). Based on the results of the study, The existence of misuse of insurance claims by unscrupulous company leaders who bring losses in payment of claims by insurance companies is a form of unlawful act as regulated in the provisions of Article 1365 of the Civil Code. Then, the form of legal protection for insurance companies from losses due to misuse of claims that the company leadership is required to return company money that has been misused.
Metode Omnibus Dalam Pembentukan Undang-Undang Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 Cipto Kuncoro
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.4027

Abstract

The birth of a legal product in the form of Law Number 11 of 2020 concerning Job Creation has led to disagreement with its enactment by taking the judicial review route to the Constitutional Court. The decision stated that it was contrary to the 1945 Constitution of the Republic of Indonesia and did not have conditionally binding legal force as long as it was not interpreted as "revisions were not made within 2 (two) years since this decision was pronounced". This study aims to analyze the basis for using the omnibus method in the practice of forming laws and regulations in Indonesia and the implications of the Constitutional Court Decision Number 91/PUUXVIII/2020 for Law Number 12 of 2011 and the Job Creation Law. The type of normative legal research used in this research is a statutory approach, a case approach, and a conceptual approach in finding the basic rules in the 1945 Constitution of the Republic of Indonesia and Law Number 12 of 2011 in carrying out a formal review of the Job Creation Law. The results in this study are that the use of the omnibus law method in the practice of forming statutory regulations in Indonesia has been carried out for a long time, even since the Dutch East Indies government until now. It's just that what forms the basis for the practice of using the omnibus law does not refer to guidelines in law (the law on the omnibus law method) as standard, standard and definite guidelines, including the Job Creation Law which the Petitioners requested for a formal test to the MK with Case Number 91/PUUXVIII/2020. The implications of the Job Creation Law were declared conditionally unconstitutional. This means that the current status of the Job Creation Law is unconstitutional but temporary.
Kedudukan Pembagian Hak Bersama Waris Sebagai Peralihan Harta Yang Dibebaskan Pajak Penghasilan Bayu Indra Permana; Dominikus Rato; Dyah Octhorina Susanti
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.4193

Abstract

The transfer of property to certain heirs for the joint ownership of the object of inheritance must be transferred by way of the distribution of joint rights, which is based on the APHB. Article 4 paragraph (3) letter b of the Income Tax Law explains that the transfer due to inheritance is exempt from collecting PPh, but in its implementation it must be accompanied by a PPh SKB issued by KPP Pratama. So that in order to get the income tax exemption on the transition, the heirs must apply for the issuance of the SKB PPh to the KPP Pratama. However, the KPP Pratama often refuses the issuance of the SKB PPh, this results in the heirs having to pay PPh on the transition. This study uses a normative juridical method with a statutory approach and a conceptual approach, and legal materials are analyzed using a deductive method. The results of this study indicate that the transfer of land rights by the distribution of joint rights of inheritance should be exempted from income tax, because the distribution of joint rights is still included in the series of inheritance processes, so the transfer of income tax collection must be exempted. So that legal reform is needed to provide legal certainty in the exemption of PPh on the transition. Keywords: Standing, Distribution of Inheritance, Income Tax, Transfer of Land Rights
Kedudukan Hukum Surat Keterangan Ahli Waris Sebagai Alas Hak Dalam Pembuatan Akta Perjanjian Pengikatan Jual Beli (PPJB) Septian Putri Nindiasari; Dominikus Rato; Dyah Octhorina Susanti
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.4195

Abstract

Certificate of Heir for native citizens is usually made by the heirs themselves, signed by Village Head, and acknowledged by Subdistrict Head. Besides that, it can also be directly made by Village Head and acknowledged by Subdistrict Head; it contains the names of heirs who have the right to inherit the property. The research used judicial normative and descriptive analytic method. The result of the research shows that Certificate of Heir which is made by the heirs, signed by Village Head, and acknowledged by Subdistrict Head. A Notary is not responsible for a sales contract which uses Certificate of Heir issued by Village Head, and thus it is considered invalid. A Notary is only responsible for the authenticity of a Sales Contract drawn up by him since it is in line with the prevailing legal provisions on Notarial Position as stipulated in UUJN (Notarial Act) No. 30/2004 juncto UUJNNo. 2/2014. Keywords: Certificate of Heir, Village Head, Notary, Native Citizens
Pewarisan Objek Tanah Hak Milik Menurut Hukum Adat Akmal Ricko Fery Anantha; Dominikus Rato; Dyah Octhorina Susanti
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.4196

Abstract

Indigenous peoples control customary land for generations with inheritance regulated in customary inheritance law. Customary land in question has not been attached with land rights. The results of research using normative juridical methods with statutory approaches, conceptual approaches, and historical approaches provide an explanation thatinheritance related to the provisions regardinginherited assets that are transferred to control and ownership from heirs to heirs based on customary law rules, which have binding legal force for indigenous peoples. Land ownership rights are objects of inheritance which are material tangible assetsfirst and foremost. The process of inheriting land ownership rights to heirs based on customary inheritance law is carried out deliberation and kinship on the principle of mutual cooperation, running in harmony, peace and harmonycontains cultural values ​​and is recognized by the state. Furthermore, to guarantee legal certainty, legally, land registration is carried out on ownership rights to land as objects of inheritance. Keywords: Land Property Rights, Objects of Inheritance, Customary Inheritance Law.
Kekuatan Hukum Testament (Surat Wasiat) Terhadap Hak Mewaris Anak Angkat Menurut KUHPerdata Amelia Niken Pertiwi; Dominikus Rato; Dyah Octhorina Susanti
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.4197

Abstract

In various regions in Indonesia, adopted children have the same legal status as their own children, including the right to be able to inherit wealth left by their adoptive parents when they die. In order to protect adopted children from continuing to obtain their rights over the inheritance of their adoptive parents, the parents make a will which is a way for the owner of the assets who during his lifetime expressed his last wish regarding the distribution of his inheritance to the heirs which will only take effect after he dies. In principle, people are free to determine their will for their assets after death. Likewise, the right to inherit adopted children is based on a will made by their adoptive parents so that the adopted child gets a share of the inheritance. Keywords : Inheritance, Will, Adopted Child
Kedudukan Hukum Ahli Waris Penyandang Cacat Mental Dalam Memperoleh Hak Warisnya (Harta Waris) Imam Sanusi; Dominikus Rato; Dyah Octhorina Susanti
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.4198

Abstract

Every human being is born with their own diversity and uniqueness, some have differences called special needs. Many people out there view that a person who is born with special needs is called an imperfect human or is commonly called a cripple. Normative legal research is used in this study to find solutions to the legal position of heirs of people with mental disabilities. The approach used is a statutory approach and a conceptual approach to the authority of guardians, inheritance management, and the rights of people with mental disabilities. People who have mental disorders or disabilities when faced with legal problems, in this case regarding the matter of inheritance, they cannot take/perform legal actions themselves. Even though he is in a state of being unable to carry out legal actions independently, he is still referred to as a legal subject. By recognizing persons with mental disabilities as legal subjects, they are included in legal subjects who are incompetent and can be assisted by guardians to receive inheritance. Keywords : Inheritance, Mental Disability, Empowerment

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