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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 7 Documents
 1 
Search results for , issue "Vol 8 No 2 (2024): December 2024" : 7 Documents clear
Legal Protection of Children as Victims of Domestic Violence According to Positive Law Kurnia Annisa; Muwahid Muwahid
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i2.8020

Abstract

Legal protection of children who are victims of domestic violence (KDRT) must be considered carefully by all relevant parties. The purpose of this research is to see from the point of view of positive law in Indonesia in an effort to protect children who are victims of domestic violence. TLegal protection of children who are victims of domestic violence (KDRT) must be considered carefully by all relevant parties. The purpose of this research is to see from the point of view of positive law in Indonesia in an effort to protect children who are victims of domestic violence. This research method uses normative juridical research with an analysis of statutory and conceptual approaches by looking at several relevant laws, books and literature. The results show that children who are victims of domestic violence have been fully protected by the Indonesian legal system. However, its implementation still faces several challenges, such as low public awareness, less than optimal coordination between institutions and limited rehabilitation facilities. Therefore, sustainable efforts are needed to improve legal protection for child victims of domestic violence. Several strategies can be carried out starting from improving laws and regulations, increasing public awareness and strengthening institutional cooperation his research method uses normative juridical research with an analysis of statutory and conceptual approaches by looking at several relevant laws, books and literature. The results show that children who are victims of domestic violence have been fully protected by the Indonesian legal system. However, its implementation still faces several challenges, such as low public awareness, less than optimal coordination between institutions and limited rehabilitation facilities. Therefore, sustainable efforts are needed to improve legal protection for child victims of domestic violence. Several strategies can be carried out starting from improving laws and regulations, increasing public awareness and strengthening institutional cooperation
Mixed Marriage Law On Marital Property Due To Divorce Justicia Firdaus Kurniawan; Dominikus Rato; Moh Ali
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i2.8052

Abstract

Marriage is a relationship that unites two different individuals, men and women in a bond, namely a legal marriage bond. In Article 1 of Law Number 1 of 1974 concerning Marriage, it is explained that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. In social life, especially in Indonesia, it is possible to have a marriage between an Indonesian citizen and a foreign citizen or commonly called a mixed marriage. In Article 57 of Law Number 1 of 1974 concerning Marriage, it is explained that what is meant by mixed marriage in this Law is a marriage between two people who in Indonesia are subject to different laws, due to differences in citizenship and one of the parties is an Indonesian citizen. During the marriage period there is a joint property, regarding the position in Article 35 paragraph 1 of Law Number 1 of 1974 concerning Marriage, it is explained that assets obtained during marriage become joint assets.
Implementation The Precautionary Principle For Land Deed Officials In Making Deeds Of Granting Mortgage Rights Alvina Nur Aziziyah; J. M. Atik Krustiyati
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i2.8059

Abstract

PPAT in carrying out legal actions must always act carefully. PPAT before making a deed, must examine all relevant facts in its considerations based on applicable laws and regulations. This study aims to determine the application of the principle of caution of PPAT in making APHT and to determine the responsibility of PPAT in making APHT whose formal requirements are not met. This study is an empirical juridical legal study, namely legal research on the implementation of normative legal provisions in real behavior in legal events that occur. The results of the study explain that PPAT must apply the principle of caution and pay attention to the procedures in making APHT, as per Article 10 of the Mortgage Law. If PPAT is not careful in checking important facts, it means that PPAT violates the Principle of PPAT caution only explained in Article 22 of PP PPAT that the PPAT Deed must be read/explained to the parties in the presence of at least 2 (two) witnesses before being signed immediately by the parties, witnesses and PPAT. PPAT is personally responsible for the implementation of his duties and positions in every deed, including making APHT. Therefore, the role of PPAT in making APHT for creditors and debtors is to bridge the interests of debtors with the interests of creditors so that both parties get a sense of justice, benefit, and legal certainty in binding the Mortgage Right guarantee so that there are no legal defects.
Legal Position Of A Deed Made By A Substitute Notary Who Does Not Meet The Requirements For Appointment Dewi Puspitasari
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i2.8060

Abstract

This research was conducted to analyze the validity of deeds made by or before a Substitute Notary who did not meet the requirements for his/her appointment and to find out what authority and responsibility the Substitute Notary must accept. In this case, what has been done is not in accordance with Article 33 paragraph (1) UUJN, as explained that the requirements to become a Substitute Notary and temporary Notary are Indonesian citizens who have a law degree and have worked as an employee of a Notary's office for at least 2 (two) consecutive years. In reality, when a Substitute Notary in his/her appointment does not comply with the applicable regulations, then the deed made by the Notary becomes a problem regarding the validity of the deed made. This research uses the Normative Juridical method (legal research) with a statutory approach and a conceptual approach. The results of this scientific research are that firstly, the deed made by the Substitute Notary is valid, but the deed is degraded to a private deed, because the Substitute Notary does not have the authority as stated in Article 15 and the Substitute Notary does not meet the requirements for appointment in Article 33 paragraph (1) of the Notary Law, and does not meet the requirements stipulated in Article 1868 of the Civil Code, so that according to Article 1869 of the Civil Code the deed becomes a private deed. Secondly, the Substitute Notary cannot be fully blamed, because the Substitute Notary is the appointed Substitute Notary. The Substitute Notary is not authorized to make deeds, and the Substitute Notary is independently responsible for the deeds he/she makes, where the Substitute Notary can be sued in civil court for damages, if the parties demand damages.
Legal Strength Of Grant Deed Made By Land Deed Official In The Authenticity Of The Deed Perspective Aulia Rahmawati; Marlina br Purba
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i2.8061

Abstract

The position and strength of a PPAT deed as an authentic deed in the evidence system due to the lack of synchronization of laws and regulations, so it is interesting to conduct further research. One of the authentic deeds made by PPAT discussed in this thesis is a deed of gift, where to make a gift for immovable property can be done with an authentic deed or a deed under hand. However, to ensure legal certainty and to be a valid evidence, the transfer of the gift is carried out by making an authentic deed. The research uses the Normative Juridical method (legal research), namely legal research using legal norms as the object of its research based on an internal perspective that is able to provide legal arguments when conflicts, ambiguities, or legal gaps are found. The result is The power of grant deed made by the PPAT is a private deed, because the form and format of the deed of grant made by the PPAT are not regulated in the Law but are only regulated in the Ministerial Regulation. Therefore, the deed of grant made by the PPAT is not an authentic deed, so that its legal force remains binding on both parties but only as a private deed. The legal consequence of the deed of grant made by the PPAT is that the deed of grant is downgraded to a private deed because the position of the deed of grant made by the PPAT does not meet the qualifications of an authentic deed as stipulated in Article 1868 of the Civil Code. This is certainly detrimental to the parties, because the implementation of the grant as stipulated in Article 1682 of the Civil Code must be carried out with an authentic deed.
Inheritance Rights Of Children Who Have Changed Sex Reviewed From The Civil Code And Islamic Inheritance Law M. Dimas Ravi; Muh. Jufri Ahmad
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i2.8133

Abstract

This study discusses the problem of inheritance law for children (transvestites) from the perspective of the Civil Code (KUH Perdata) and Islamic law. The Civil Code (KUH Perdata) and Islamic law. The phenomenon of transsexuals is a complex problem, both socially, religiously, and legally, because it involves changes in gender identity that have implications for legal status and inheritance rights. This study aims to analyze how inheritance law in Indonesia, both in the Civil Code and Islamic law, accommodates the rights of transvestites as heirs. The method used is normative juridical with a statutory approach and a conceptual approach. statutory approach and a conceptual approach. This study examines positive law in Indonesia, the fatwa of the Indonesian Ulema Council (MUI), and the views of scholars on the phenomenon of transsexuals. transsexual phenomenon. In civil law, inheritance rights are regulated based on blood relations or marriage, without considering changes in gender. Meanwhile, in Islamic law, gender reassignment is seen as problematic because it contradicts the basic teachings of the provisions of Allah. because it contradicts the basic teachings of the provisions of Allah. The MUI fatwa states that deliberate sex change is haram, except for cases that require confirmation. This study reveals a legal vacuum related to specific regulations regarding the legal status of transsexuals in inheritance in Indonesia. In the Civil Code, transsexuals are recognized based on changes in population data that are validated by the court. However, in Islamic law, the inheritance rights of transsexuals are not recognized.
Legal Study on Legal Mechanisms to Overcome Racism in Indonesia: Based on Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination Moch Nouvanp Afresal
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i2.8001

Abstract

Racism remains a serious and detrimental social phenomenon that continues to affect individuals and society in Indonesia. Despite being a country known for its ethnic diversity, cases of racial discrimination and injustice persist across various sectors such as education, employment, housing, and public services. This research aims to analyze the legal mechanisms established to address racism in Indonesia, with a specific focus on the implementation of Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination. This study adopts a normative legal research method, complemented by empirical legal analysis, to evaluate both the substance of the law and its implementation in practice. Through the normative approach, this research examines legal norms, policies, and judicial decisions relevant to combating racism. Simultaneously, the empirical aspect involves evaluating the effectiveness of law enforcement agencies, public awareness efforts, and access to justice for victims of racism. The analysis highlights several key challenges in implementing the law, including limited public understanding of legal protections, inadequate capacity of law enforcement, and insufficient sanctions against perpetrators. The study finds that while Law Number 40 of 2008 provides a solid legal foundation, its enforcement still requires significant improvements. Policy recommendations include strengthening legal sanctions, enhancing institutional capacity, increasing public education campaigns, and promoting active participation from civil society organizations. Moreover, collaboration among government agencies, human rights institutions, and community organizations is essential to ensure the law’s effective implementation and to build a more inclusive society. Ultimately, this research underscores the urgent need for continuous evaluation and refinement of legal frameworks and their enforcement to eradicate racism and uphold human rights in Indonesia.

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