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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 169 Documents
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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.
Implementation of the Duties of the Village Consultative Body in the Interim Village Head Election in Bondowoso Ali Zaenal Abidin; Fauziyah Fauziyah
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol. 9 No. 2 (2025): December 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i2.10757

Abstract

This study examines the implementation of Article 37 letter h of the Bondowoso Regency Regional Regulation Number 2 of 2020 concerning the duties of the Village Consultative Body (BPD) in holding special village deliberations for the Election of the Interim Village Head (PAW). The background of this research departs from the gap between the normative framework that requires inclusive, democratic, and representative participation and the empirical reality that often shows the dominance of local elites and the lack of community involvement at large. The purpose of this study is to analyze the extent to which BPD's duties in PAW are carried out effectively in accordance with regulatory provisions, as well as to identify obstacles faced in their implementation. This study uses a normative juridical method combined with historical and conceptual approaches. The normative approach is carried out through the study of relevant laws and regulations, a historical approach tracing the development of PAW governance, and a conceptual approach examining academic views and participatory democratic theory. The findings of a case study in Pelalangan Village, Cermee District, show that although procedurally the implementation of PAW has been in accordance with applicable regulations, it still substantially does not meet the principle of fair representation. Village deliberative forums are dominated by certain community leaders, while women's groups, youth, marginalized communities, and the general public are less involved. The causative factors include low public legal literacy, the absence of clear technical guidelines regarding the composition of representation, and the lack of public information disclosure. This study concludes that the implementation of PAW requires regulatory reform, the preparation of technical guidelines for inclusive participation, and sustainable community empowerment to ensure democratic legitimacy. Strengthening structural and cultural aspects is the key to realizing a fair, participatory, and reflective PAW that reflects the aspirations of the entire community.
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.
Professional Code of Ethics for Managing Interreligious Cohesion in the Digital Era Guruh David Agus
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol. 9 No. 2 (2025): December 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i2.11283

Abstract

A professional code of ethics is a written guideline that affirms values, norms, and professional conduct. It clarifies professional ethics, prevents bias, safeguards integrity, and builds public trust. Binding in nature, any violation is subject to sanctions and must be upheld by all members of the profession. Individuals in any vocational field, especially those engaged with religious affairs, are equally obliged to honor their professional code of ethics. On World Human Rights Day 2024, Imparsial observed that religious actors in Indonesia failed to strengthen social cohesion, while state apparatuses were permissive toward groups undermining religious freedom. This research aims to answer: What if the professional code of ethics were employed as a framework of managing interreligious social cohesion in Indonesia’s digital era? This qualitative and explanatory study positions TAP MPR No. 6/2001 on the Ethics of Living as a Nation as its material object, and Jimly Asshiddiqie’s concept of the National Ethics Court (MEN) as its formal object. In Indonesia’s digital era information unavoidably finds pathways into the public sphere regardless of boundaries or constraints. As corporeal and digital actions increasingly converge the digital realm paradoxically demands corporeal solutions, particularly in contexts where ethical integrity is essential. TAP MPR No. 6/2001 encompasses socio-cultural ethics, political governance ethics, and fair legal enforcement ethics as a constitutional foundation for interreligious cohesion. Asshiddiqie envisions MEN as the culmination of Indonesia’s ethical judicial process, integrating institutional ethical systems. Guided by MEN’s framework, national ethics can reinforce the role of professional codes, offering more relevant and effective sanctions to guide religious-sector actors in upholding their ethical obligations and preserving interreligious social cohesion.
Responsibility of Notaries in Making Sale and Purchase Agreement Where the Object Is in Dispute Rita Bayu Astuti; Yanwar Triya Nurjanah; Fendi Setyawan; Firman Floranta Adonara
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol. 9 No. 2 (2025): December 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i2.11522

Abstract

The purpose of this research is to analyze and find out the Notary's responsibility in making the sale and purchase binding agreement that he made. The approach method in this research is normative juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: The Notary's responsibility in making the sale and purchase binding agreement that he made is if the sale and purchase agreement on land signed and made by a Notary made an error, it is not in accordance with the procedure for making it, then the Notary has legal responsibility to whom and to whom. who the deed of sale and purchase agreement is made, and if the Notary is proven to have made a mistake, whether intentional or unintentional, then the legal consequences that arise can be subject to sanctions according to the level of error or error in the binding deed of sale and purchase made by a Notary may be subject to sanctions including administrative sanctions. The solution to making a deed of sale and purchase binding agreement (PPJB) in the event of a dispute is through deliberation or through the courts. The aggrieved party can sue the party who caused the loss in court or by canceling the agreement that has been made by the parties. Dispute resolution using non-litigation or Alternative Dispute Resolution (ADR) is actually a family dispute resolution model compared to dispute resolution through judicial institutions which tend to be confrontational, taking into account wins and losses and ignores social elements in society. While the settlement through the judiciary is carried out if the deliberation efforts are not reached, then the settlement must be through the courts.
Legal Consequences Of Self-Promotion By Notaries Through Social Media Yustisya Zaharon; Fendi Setyawan; Fanny Tanuwijaya
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol. 9 No. 2 (2025): December 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i2.11523

Abstract

Social media is one example of the many uses of technology due to the current of globalization. One profession that uses social media is the profession of notary to promote themselves. The form of self-promotion by Notaries through social media is a violation of Article 4 paragraph (3) of the Notary Code of Ethics, that Notaries are prohibited from publishing or promoting themselves, either alone or together by including their name and position, using print and/or electronic media, in the form of advertisements, congratulations, thanks, marketing activities, sponsorship activities, whether in the social, religious, or sports fields. The purpose of this study is to determine the results of legal self-promotion by notaries through social media. The research method used is normative juridical with a regulatory-statute approach and a conseptual approach. The results of the study revealed that the legal consequences for notaries who promote themselves through social media are only regulated in Article 6 paragraph (1) and (2) of the Notary Code of Ethics, the legal consequences of paragraph (1) include: Reprimand, Warning, Schorsing (temporary dismissal) from the Association, Onzetting (dismissal) from the Association, and Dishonorable Dismissal from the Association. Then, paragraph (2) states that sanctions imposed on members who violate the Code of Ethics are adjusted according to the quantity and quality of the violations committed. In conclusion, self-promotion by Notaries through social media is only regulated in Article 4 paragraph (3) of the Notary Code of Ethics. There is still ambiguity in Article 17 paragraph (1) letter i of the Notary Law, which only stipulates that Notaries are prohibited from engaging in other work that conflicts with religious norms, morality, or propriety that could affect the honor and dignity of the Notary position. However, it does not further regulate what work falls within the qualifications to affect the honor and dignity of the Notary position. This certainly creates legal uncertainty for Notaries.
Rural and Urban Land and Building Tax Fines and Taxpayer Compliance: A Constitutional Law Review and Its Relevance to Local Revenue Didit Darmawan; Muchammad Catur Rizky; Nailah Bintang Khoirunnisah; Adellia Putri Nadhira
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol. 9 No. 2 (2025): December 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i2.11126

Abstract

Rural and Urban Land and Building Tax (PBB-P2) is a major source of Local Own-Source Revenue (Pendapatan Asli Daerah, PAD) in Indonesia and is administered by local governments within the country’s delegative decentralization framework. While local fiscal autonomy enables regions to adjust certain parameters of PBB-P2 administration through local regulations, the use of sanctions, particularly fines for late payment or non-compliance,raises a constitutional question regarding the limits of regional taxing authority and the protection of taxpayers’ rights. This study addresses the gap between fiscal-administrative discussions of PBB-P2 enforcement and a constitutional law assessment of whether local fine regimes remain legitimate under rule-of-law standards. This research employs a normative-juridical (doctrinal) approach by analyzing applicable positive law governing local taxation, especially Law No. 28 of 2009 on Regional Taxes and Regional Levies alongside relevant administrative practices oncerning PBB-P2 fines and arrears. The analysis demonstrates that local governments are constitutionally permitted to impose PBB-P2 fines as part of fiscal decentralization and regional autonomy; however, such authority is not absolute. Because fines directly impose coercive burdens in the state–citizen relationship, their design and enforcement must comply with the principles of legality and legal certainty, proportionality, and non-discrimination. These requirements demand clear and accessible standards for liability, predictable calculation and collection procedures, reasonable calibration between the fine and the taxpayer’s conduct (including realistic ability to comply), and equal treatment for similarly situated taxpayers, supported by fair procedures and effective remedies. The study concludes that strengthening PBB-P2 enforcement should not rely solely on deterrence logic or revenue targets. Evidence-based improvements are needed to align sanction design with constitutional safeguards, thereby enhancing compliance while sustaining public trust and the legitimacy of local taxation.
Professionalism Apparatus Law Enforcement as a Factor Determinant of Legal Legitimacy in Society Tusi Wirahayu Pertiwi; Muhamad Latif; Rudy Indrawan
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol. 9 No. 2 (2025): December 2025
Publisher : Universitas Islam Darul Ulum

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

Abstract

The professionalism of law enforcement officers is a crucial factor in achieving just, effective, and legitimate law enforcement in society. In practice, however, law enforcement often reveals a gap between legal norms and social reality, frequently caused by low levels of professionalism among officers. This condition shows that the effectiveness of law enforcement depends not only on the clarity of legal norms but also on the quality of those who implement them. This study aims to analyze the professionalism of law enforcement from a socio-legal perspective and examine its implications for the legitimacy of law enforcement institutions. The research employs a socio-legal method that integrates normative legal analysis with an examination of the social dimensions of law enforcement practices. The findings indicate that professionalism extends beyond technical competence and procedural compliance, encompassing integrity, ethical conduct, independence, and sensitivity to social contexts. Weak professionalism contributes to selective law enforcement, discriminatory practices, and declining public trust in legal institutions. From a socio legal perspective, legal legitimacy is not solely derived from formal authority but is also constructed through public acceptance of how the law is applied. Law enforcement perceived as unfair, inconsistent, or lacking transparency undermines institutional credibility and weakens legal compliance. Therefore, strengthening the professionalism of law enforcement officers is essential not only to improve the quality of law enforcement but also to bridge the gap between law in the books and law in action, ensuring the sustainability of institutional legitimacy.
Non-Conviction Based Asset Forfeiture in Criminal Asset Recovery: A Normative Juridical Study from the Perspective of Restorative Justice Endik Wahyudi; Shalahudin Serbabagus; Fendi Setyawan; Arief Amrullah
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol. 9 No. 2 (2025): December 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i2.11388

Abstract

Professionalism in law enforcement plays a role in establishing justice, legal certainty, and public trust. However, law enforcement practices in Indonesia reveal disparities between normative legal provisions and their implementation in society. This study aims to analyze the professionalism of law enforcement officers from the perspective of sociology of law and to examine its implications for the legitimacy of law enforcement institutions. The research employs a socio-legal method by integrating normative analysis with the examination of realities in law enforcement practices. The study applies statutory, conceptual, and sociological approaches to evaluate how professionalism influences the legitimacy of law enforcement. The findings demonstrate that professionalism in law enforcement extends beyond technical competence and procedural compliance. It also encompasses integrity, ethical responsibility, independence, accountability, and sensitivity toward values within society. Weak professionalism among law enforcement officers often results in disproportionate enforcement, discriminatory treatment, abuse of discretion, and inconsistency in applying legal norms. These conditions contribute to declining public trust and weakening institutional legitimacy. From the perspective of sociology of law, legal legitimacy is not derived solely from state authority, but also from public acceptance of how laws are implemented fairly and effectively in practice. This study concludes that strengthening the professionalism of law enforcement officers is an essential prerequisite for creating legitimacy and law enforcement. Improving professionalism should not only focus on legal reform but also on strengthening legal culture, professional ethics, and institutional accountability mechanisms in order to achieve justice and maintain public confidence in the rule of law.

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