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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
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Search results for , issue "Vol 9 No 1 (2025): June 2025" : 7 Documents clear
Legal Protection for Policy Holders of Life Insurance Berhad Bumiputera 1912 Due to Default Firza Nada Salsabila; Edi Wahjuni; Firman Floranta Adonara
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 9 No 1 (2025): June 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i1.6946

Abstract

Insurance companies in Indonesia, including Life Insurance Together Bumiputera 1912, hereinafter referred to as AJB Bumiputera 1912, continue to innovate to provide the best service to customers. However, problems arise when this company fails to pay claims to policyholders, causing dissatisfaction among customers. The legal protection provided to customers is outlined in the Civil Code, hereinafter referred to as KUHPerdata. The purpose of this research is to understand what legal protection means for policyholders as insured parties of AJB Bumiputera 1912 who suffer losses due to default. This research utilizes a normative juridical method, which involves studying and examining the implementation of the rules and regulations in existing positive law in Indonesia to analyze the South Jakarta District Court's decision regarding default. The conclusion of this research is that legal protection allows customers to file lawsuits in the event of default by the insurance company, such as delays in claim payments. Insurance companies have a legal obligation to pay compensation or cover losses arising from claims filed by policyholders in accordance with applicable provisions. The South Jakarta District Court granted the plaintiff's lawsuit and ordered the defendant to pay the insurance claim, late interest, and court costs. This demonstrates the importance of legal protection for customers in legal relationships with insurance companies to maintain fairness and balance.
Mandatory Bequests for Non-Muslim Adopted Children and Stepchildren Perspective of Indonesian Islamic Law Erna Mastiningrum; Mai Renza Faradilla; Khalista Erlina Najwah
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 9 No 1 (2025): June 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i1.8894

Abstract

A Compilation of Islamic Law in Indonesia includes wasiat wajibah for grandchildren whose parents die and are covered by uncles, like in other Muslim countries. Wasiat wajibah provided for in Article 209 are intended for adopted children and adoptive parents. The development of wasiat wajibah in Indonesia has been greatly advanced through the breakthroughs of the legal judge Ijtihad. Not only for adopted children and adoptive parents, wasiat wajibah in Indonesia are also given to non-Muslim children and non-Muslim families through a decision at the Cassation level as a reference. At present, a broader discussion of the object of giving a will must recur. The discussion concerned the granting of wasiat wajibah to stepchildren, although this was still a matter of pros and cons among mujtahids, in this case, the panel of judges. This type of research is library research with descriptive analytic methods. The object of the research study is Article 209 of the Compilation of Islamic Law and several wasiat wajibah of non-Muslims and stepchildren. This research uses a sociological normative perspective. The purpose of this research is to examine the legal formulation of the wasiat wajibah testament in Indonesia, including Article 209 of the Compilation of Islamic Law, the jurisprudence of wasiat wajibah, and its development.
Legal Responsibilities of Extraordinary Members (ALB) as a Substitute Notary in Making Deeds Dedy Stansyah
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 9 No 1 (2025): June 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i1.9652

Abstract

The position of Extraordinary Members (Anggota Luar Biasa/ALB) of the Indonesian Notary Association (INI) as Substitute Notaries during internship activities carries strategic significance and legal implications. ALBs who have fulfilled the necessary requirements may be appointed to temporarily carry out a notary’s duties, offering them valuable experience and skill development. This study seeks to examine the legal standing of ALBs in such roles and how these internship activities are implemented. Employing a normative juridical approach, the research is based on Law Number 2 of 2014 concerning the Position of Notaries and the notary profession's code of ethics. The findings show that although ALBs possess limited authority, they are legally accountable for every deed they produce during their appointment. Each notarial deed must explicitly mention the status of the ALB as a Substitute Notary, in accordance with the applicable legal provisions. Any deviation from proper procedures can lead to the deed being legally defective or declared null and void. Therefore, the role of ALBs as Substitute Notaries must be exercised with caution and adherence to professional ethics. In addition, the position of ALBs in internship activities as Substitute Notaries also influences the violations committed as substitute notaries.
Ensuring Legal Certainty of Copyright for AI-Generated Works in Indonesia Sri Rokmahwati; Amiludin Amiludin
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 9 No 1 (2025): June 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i1.9667

Abstract

The rapid advancement of Artificial Intelligence (AI) technology has significantly transformed the creative industry, enabling machines to autonomously generate original works such as music, text, and visual art. This phenomenon has posed fundamental challenges to the copyright legal framework in Indonesia, particularly concerning authorship, ownership, and the protection of AI-generated works. This study aims to examine the extent to which Indonesia’s copyright law provides legal certainty for works generated by AI, while identifying gaps and potential reforms needed to address emerging issues in the digital era. The research employs a normative legal approach through library research, analyzing relevant statutory regulations, including Law No. 28 of 2014 on Copyright, doctrinal interpretations, and comparative literature on AI and copyright. The analysis focuses on the definition of authorship, the scope of protection, and the implications of legal uncertainty regarding AI-generated works. The results reveal that Indonesia’s copyright law remains anthropocentric, as it recognizes only natural persons or legal entities as authors. Consequently, the current legal framework does not explicitly accommodate the status of AI-generated works, leading to a legal vacuum and uncertainty over copyright ownership and protection. This gap may hinder innovation, reduce legal clarity for creators, developers, and users, and create potential conflicts in the creative economy. The study concludes that Indonesia’s legal system is not yet prepared to address the challenges posed by AI-generated works. Regulatory reform is necessary to provide legal certainty, balance the interests of stakeholders, and align Indonesia’s copyright law with global developments in digital regulation.
Pollution Of The Marine Environment In The Southeast Asian Region In The Perspective Of International Environmental Law L.ya Esty Pratiwi; Achmad Hariri; Levina Yustitianingtyas
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 9 No 1 (2025): June 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i1.9960

Abstract

Marine environmental pollution has emerged as a critical issue in Southeast Asia, a region known for its rich marine biodiversity, strategic maritime routes, and rapid economic development. The combination of dense maritime traffic, industrial expansion, and inadequate regulatory enforcement has intensified the vulnerability of this region to marine pollution, including oil spills, plastic waste, and chemical discharge. This paper examines the legal framework governing marine environmental protection under international environmental law, with a particular emphasis on its application and enforcement in Southeast Asia.The study analyzes key international conventions such as the United Nations Convention on the Law of the Sea (UNCLOS) 1982, the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), the London Dumping Convention 1972, the Oil Pollution Preparedness, Response and Cooperation Convention (OPRC) 1990, and the International Convention on Civil Liability for Oil Pollution Damage (CLC) 1969. These instruments are critically reviewed in terms of their relevance, ratification status, and domestic implementation across Southeast Asian countries. Using a normative research methodology, this paper is supported by a case study of the Montara oil spill in the Timor Sea, which significantly impacted Indonesia’s marine ecosystem and highlighted deficiencies in cross-border environmental governance. The study underscores the shared responsibility of both state and non-state actors in preventing and mitigating marine pollution and stresses the urgent need for enhanced regional cooperation, legal harmonization, and institutional capacity-building. Despite the presence of robust international legal frameworks, challenges persist in enforcement due to legal fragmentation, technical limitations, and political sensitivities. This paper recommendas strengthening regional legal instruments, improving state compliance, and fostering collaborative mechanisms to ensure sustainable marine environmental governance in Southeast Asia.
Overlapping Authority of Notaries and Land Deed Officials in Making Power of Attorney to Impose the Mortgage Rights Fonnyta Laurenzia Rosiga; Bayu Indra Permana
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 9 No 1 (2025): June 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i1.10509

Abstract

This study aims to examine the imbalances that occur in the implementation of these authorities and evaluate whether the regulations and implementation are in line with the principle of legal certainty. Problems arise when this overlapping authority causes a gap between das sein and das sollen. The granting of authority to Notaries and Land Deed Officials in making Power of Attorney to Impose the Mortgage Rights is a dual authority that opens up room for debate regarding the clarity of the boundaries and legitimacy of each party in making Power of Attorney to Impose the Mortgage Rights, especially in relation to the making of land deeds. This study uses a normative legal approach, namely an approach that focuses on the study of positive legal norms. The results of the discussion are that Power of Attorney to Impose the Mortgage Rights made before Notaries using the format according to letter H (Attachment 23) of Article 96 paragraph (1) of Perkaban Number 8 of 2012 do not meet the requirements as authentic deeds and are contrary to Article 1868 of the Civil Code, Article 1 Number (7) and Article 38 Notary Law. Legal disharmony related to the norms governing Power of Attorney to Impose the Mortgage Rights is a vertical disharmony because it concerns the conflict between statutory regulations with different hierarchies that regulate the same thing, namely between Perkaban Number 8 of 2012 and Notary Law. Legal harmonization must be the heart of legal science in resolving the problem of disharmony between norms governing Power of Attorney to Impose the Mortgage Rights if this is not done then the Power of Attorney to Impose the Mortgage Rights deed made before a Notary will remain a problem all the time and cause chaos at the practical level.
Heirs Responsibility for a Notaries Unfinished Act Upon the Notaries Demise Rita Bayu Astuti; Nuri Hidayati; Maruli Yanto
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 9 No 1 (2025): June 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i1.11069

Abstract

A Notary who dies during their tenure inevitably leaves behind unfinished work. This unfinished work specifically pertains to deeds drafted by the Notary in their capacity as the maker of an authentic instrument. Juridically, such deeds are not yet valid as authentic instruments and can be classified as unfinished Notary work at the time of death. This situation becomes the root of a legal issue because the draft deed that has not been signed is not categorized as a notary protocol. It is understood that a vacuum of norm exists in the Law on Notary concerning the responsibility for completing this unfinished work. This research aims to analyze the form of legal certainty for the completion of unfinished deed-making work when a Notary passes away. The research method used is normative-juridical, with a statutory and conceptual approach. The results show that when a Notary dies during the drafting process of a deed, where the formalization of the deed has not yet been executed, this implies that the deed remains a private agreement and does not qualify as a deed. Consequently, it is not qualified as a notary protocol. Therefore, any items entrusted by the appearers to the deceased Notary are merely limited to the rights and obligations between the parties and the Notary. This raises the question of whether the heirs are obligated to provide compensation to the appearers, especially since the heirs have limited information and knowledge about the notary office's management, which could lead to losses for them under certain conditions. The form of legal protection for the parties involves a receipt for the deposit of certificates and payment of advance fees, affixed with the notary office's stamp as a form of office management, which can facilitate the Heirs with the assistance of the office staff.

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