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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 154 Documents
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Kedudukan Keterangan Saksi Dalam Pembuatan Putusan Pidana Berkaitan Dengan Pasal 169 KUHAP (Studi Putusan Nomor: 575/Pid.B/2020/PN Cbi) Masrita, Wanda Eka Sri; Tanuwijaya, Fanny; Samosir, Samuel Saut Martua
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 1 (2024): June 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i1.6390

Abstract

A court decision is a judge's statement regarding the criminal justice process issued by the court. The verdict contains all the facts and circumstances related to the evidence and the judge's considerations at the trial. One of the pieces of evidence is witness testimony. The position of witness testimony occupies the first position in the hierarchy of Article 184 of the Criminal Procedure Code. Then how can a witness who is still in a husband and wife relationship with the defendant be used as evidence? However, the verdict is not explained explicitly in accordance with the provisions of Article 169 of the Criminal Procedure Code. If the verdict is not explained in detail, it will cause ambiguity. The author uses a normative legal research method with a statutory and conceptual approach. The verdict does not explicitly state that the witness has received approval from the public prosecutor and the defendant and the witness want it. Based on the provisions of Article 168 letter c of the Criminal Procedure Code, the testimony of a wife or husband who has a relationship with the defendant cannot be heard and can be withdrawn. A good verdict, the judge in his considerations must explain the facts and circumstances accompanied by evidence that proves the defendant's guilt. The results of this study are that a good verdict must contain all the facts during the trial process to ensure justice, certainty and benefit to the community.
Kewenangan Kepala Desa Dan Camat Dalam Pembuatan Surat Keterangan Ahli Waris Mahendra, Rayhan Isha; Rato, Dominikus; Susanti, Dyah Octhorina
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 1 (2024): June 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i1.6391

Abstract

Certificate of heirs which generally only contains information and statements from the heirs that they are truly the legal heirs of the deceased testator. Certificate of heirs issued by the Village Head and Sub-district Head as a basis for determining the heirs who are entitled to an inheritance. In practice, Certificates of Heirs issued by the Village Head and Sub-district Head in legal acts made by notaries often cause problems and disputes. The type of research used in this study is normative juridical with a statute approach and a conceptual approach. Law Number 32 of 2004 concerning Regional Government does not explain in detail the authority of the Village Head and Sub-district Head to know or confirm certificates of inheritance made by Indonesian heirs. Certificate of inheritance rights or certificate of inheritance rights or certificate of heirs, whether made by themselves through a statement by the heirs or made directly through a statement by the Village Head and Sub-district Head, in principle has legal force as evidence in the case of transfer of land rights due to inheritance as long as the certificate of inheritance rights is made legally and all legitimate heirs are included in the certificate of inheritance rights. Certificates of heirs made by the Village Head and Sub-district Head can be classified as private deeds. The position of the certificate of heirs as evidence issued by the Village Head and Sub-district Head in principle has legal force as evidence of a letter.
Tanggung Gugat Direksi Terhadap Audit Laporan Keuangan PT Garuda Indonesia (Persero) Tbk Ditinjau Melalui Doktrin Fiduciary Duty Frinaldo, Dimas Seandy; Hariyani, Iswi; Prakoso, Bhim
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 1 (2024): June 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i1.6479

Abstract

Abstract: Article 92 paragraph (1) of the Limited Liability Company Law states that the board of directors accepts the mandate of the company to take care of the interests of the company, as well as its duties and functions in running the company (fiduciary duty). The responsibility of the board of directors in managing the company can have consequences if the board of Directors has bad faith in carrying out its obligations. The study was conducted using normative juridical methods to find the liability of the board of directors to audit the Financial Statements of Limited Liability Companies. Such as the case of the Directors of PT Garuda Indonesia (Persero) Tbk who were negligent and bad faith in making financial statements in 2018. The implementation of PSAK 23 in the presentation of the financial statements for the 2018 financial year has been based on Generally Accepted Accounting Principles, but the work between PT Garuda Indonesia (Persero) Tbk and PT Mahata Aero Teknologi has not been recognized as revenue because it can cause confusion and mislead the company. Based on Article 97 paragraph (3) and (4) of the Limited Liability Company Law, each member of the board of directors bears full responsibility personally and/or jointly and severally for the losses of the company if the person concerned is guilty or negligent in carrying out his duties. Legal implications in the event that the financial statements provided are incorrect and / or misleading, members of the Board of Directors and members of the Board of Commissioners are jointly and severally responsible for the injured party. Keywords: Responsibilities; Directors; Financial Statements.
Surat Pernyataan Penguasaan Fisik Bidang Tanah (SPPFBT) Sebagai Agunan Kredit Bank Atas Tanah Yang Belum Bersertifikat (Studi Putusan Nomor: 6/PDT.G.S/2021/PN PGA) Safitri, Atika Rani Dyah; Wati, Antiko; Atikah, Warah
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 1 (2024): June 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i1.6480

Abstract

Abstract: A land title certificate is legal and concrete evidence of ownership and control of land. Its permanent nature and high value make land a stable and safe collateral for banks to disburse credit. However, this is an obstacle for land owners who do not yet have a certificate for the land they own and control, have complete proof of ownership of the land or rights, or do not even have proof of ownership. In the Pagar Alam District Court Decision Numbers: 6/Pdt.G.S/2021/PN Pga Using collateral in the form of land and buildings with proof of ownership SPPFBT No. 593/06/MS.Dp.U/2018. This obstacle makes it an option for that land that does not have a land title certificate as stated in Article 4 UUHT, to make an Ownership Statement of Land Parcel (SPPFBT) as an option for the community to use as collateral for bank credit. However, SPPFBT is a statement letter made unilaterally by the applicant that contains juridical data related to land control based on good faith, the authority is not as perfect as an authentic deed. Bearing in mind that, if there is bad credit in the credit agreement, the funds can be auctioned to fulfill the rights and obligations of the credit agreement between the debtor and creditor. In an implementation, banks must be careful in assessing the character, capabilities, capital, collateral, and business prospect funds of debtors, as well as formulating regulations regarding the use of SPPFBT as bank collateral for uncertified land to protect the rights and obligations of the Bank and credit applicants. Clearly, to provide legal certainty and protection. Keywords: SPPFBT, Uncertificated, Collateral, Bad Credit, KPKNL. Abstrak: Sertifikat hak atas tanah merupakan bukti yang sah, konkret atas kepemilikan dan penguasaan atas tanah. Namun, merupakan kendala bagi pemilik tanah yang belum memiliki sertifikat atas tanah yang dimiliki dan dikuasainya, kepemilikan bukti tanah atau alas hak secara lengkap bahkan sama sekali tidak memiliki bukti kepemilikan. Dalam Putusan Pengadilan Negeri Pagar Alam Nomor: 6/Pdt.G.S/2021/PN Pga menggunakan agunan berupa tanah dan/atau bangunan dengan bukti kepemilikan SPPFBT Nomor: 593/06/MS.Dp.U/2018. Hal tersebut menjadikan sebuah opsi bahwasanya tanah yang tidak memiliki sertifikat sebagaimana disebutkan dalam Pasal 4 UUHT, dapat menjadikan Surat Pernyataan Penguasaan Fisik Bidang (SPPFBT) sebagai opsi bagi masyarakat sebagai agunan kredit bank. Namun, SPPFBT merupakan surat pernyataan yang dibuat sepihak oleh pemohon berisikan data yuridis terkait penguasaan tanah berdasarkan itikad baik, sehingga kekuatannya tidak sesempurna akta autentik. Mengingat bahwa, apabila terdapat kredit macet dalam perjanjian kredit, agunan tersebut dapat dilakukan lelang guna memenuhi hak dan kewajiban atas perjanjian kredit antara debitur dan kreditur. Sehingga, dalam pelaksanaannya bank haruslah seksama menilai terhadap watak, kemampuan, modal, agunan, dana prospek usaha dari debitur, pula perumusan pengaturan mengenai penggunaan SPPFBT sebagai agunan bank atas tanah yang belum bersertifikat untuk melindungi hak dan kewajiban Bank dan Pemohon kredit haruslah jelas, guna upaya memberikan kepastian dan perlindungan hukum. Kata Kunci: SPPFBT, Agunan, Tanah Tidak Bersertifikat, Kredit Macet, KPKNL.
Legal Protection of Children as Victims of Domestic Violence According to Positive Law Annisa, Kurnia; Muwahid, Muwahid
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

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 Kurniawan, Justicia Firdaus; Rato, Dominikus; Ali, Moh
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

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 Aziziyah, Alvina Nur; Krustiyati, J. M. Atik
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

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 Puspitasari, Dewi
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

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 Rahmawati, Aulia; Purba, Marlina br
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

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.
Hak Politik Mantan Narapidana Untuk Mencalonkan Diri Sebagai Calon Kepala Daerah (Analisis terhadap Putusan MK. No. 42/PUU-XIII/2015) Hardiyanto, Muhammad Lutfi; Bagus, Shalahudin Serba; Munir, Ahmad
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 1 No 2 (2017): Desember 2017
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v1i2.799

Abstract

This article discusses the political rights of former inmates to run for candidates for a mayor. This article is the result of an analysis of the decision of the Constitutional Court. No. 42/PUU-XIII/2015 which gives political rights to former inmates to run for a mayor candidate. Basic consideration (ratio decidendi) of the decision of the Constitutional Court namely; the right to vote and to be elected by a person can only be withdrawn on the basis of a court decision not in accordance with the provisions of law; a person who has served the sentence and left the prison is essentially a person who has repented and regrets his actions, so it is not appropriate to be given further punishment through the provisions of the law which prohibite the candidacy in the election of regional head. On that basis, the Constitutional Court granted the right to former inmates to run for regional heads. The Constitutional Court ruling has a legal effect on former prisoners who were previously not allowed to run for regional head candidates. Following the verdict of the Constitutional Court the right of prisoners has the same right to run in elections.

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