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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 166 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.

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