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Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia

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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.

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Articles 154 Documents

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MAKNA PERSETUJUAN BERSAMA DPR DAN PRESIDEN DALAM PEMBENTUKAN UNDANG-UNDANG Aris Arianto; Afif Hasbullah; Sholihan Sholihan
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i1.1843

The establishment of the Act must be approved by the President as stated in Article 20 of the 1945 Constitution paragraph (2). Interesting when Indonesia uses a presidential system with the separation of powers. However, in the formation of the Act involving the President. Article 20 paragraph (2) of the 1945 Constitution confirms the necessity of mutual agreement in the discussion and ratification of the Law. However, there are other assertions, namely that in Article 20 paragraph (5) of the 1945 Constitution, even without the President's signature, the Act can still be promulgated within 30 days of the Draft Law being discussed. Things like that can't just happen without a reason. Therefore, the writing of this study will look for the meaning of the agreement between the DPR and the President in the formation of the Law and how the legal politics of Article 20 paragraph (5) of the 1945 Constitution. The writing of this study is focused on researching and searching for the meaning of mutual agreement and focusing on legal politics from Article 20 paragraph 5 of the 1945 Constitution. The research method in this writing is normative juridical. The results of the research can be concluded that the meaning of the joint agreement between the DPR and the President in the establishment of the Law is an agreement in determining the policy in the form of a Law which is a reflection of the principle of checks and balances. Legal politics Article 20 paragraph (5) of the 1945 Constitution is an affirmation of Article 20 paragraph (2) of the 1945 Constitution or can be called an affirmation of collective agreement. The establishment of the Act must be approved by the President as stated in Article 20 of the 1945 Constitution paragraph (2). Interesting when Indonesia uses a presidential system with the separation of powers. However, in the formation of the Act involving the President. Article 20 paragraph (2) of the 1945 Constitution confirms the necessity of mutual agreement in the discussion and ratification of the Law. However, there are other assertions, namely that in Article 20 paragraph (5) of the 1945 Constitution, even without the President's signature, the Act can still be promulgated within 30 days of the Draft Law being discussed. Things like that can't just happen without a reason. Therefore, the writing of this study will look for the meaning of the agreement between the DPR and the President in the formation of the Law and how the legal politics of Article 20 paragraph (5) of the 1945 Constitution. The writing of this study is focused on researching and searching for the meaning of mutual agreement and focusing on legal politics from Article 20 paragraph 5 of the 1945 Constitution. The research method in this writing is normative juridical. The results of the research can be concluded that the meaning of the joint agreement between the DPR and the President in the establishment of the Law is an agreement in determining the policy in the form of a Law which is a reflection of the principle of checks and balances. Legal politics Article 20 paragraph (5) of the 1945 Constitution is an affirmation of Article 20 paragraph (2) of the 1945 Constitution or can be called an affirmation of collective agreement.

EKSISTENSI PARTAI POLITIK DI INDONESIA MASA PRA DAN PASCA KEMERDEKAAN Nadhifatus Shofia; Moch. Zaidan Alamsyafi
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

The political system in Indonesia always has a close relationship with political parties. Basically, the emergence of political parties is the actualization of the various sects or political views that lie behind them. Through a theoretical and law approach, this paper discusses the existence of political parties in Indonesia, especially in the pre and post independence period. The author concludes that in terms of basic ideological aspects, the emergence of Indonesian political parties in the pre-independence era is the actualization of three political streams or views that found momentum in the 20th century. The three streams referred to are Nationalism, Islam, and Marxism/Socialism. After the proclamation of independence, the emergence of the concept of multiple parties gave rise to several new political parties. The formation of political parties after the proclamation of independence is often based on the values or principles of divinity, nationality, and Marxism. However, this does not prevent the emergence of parties that were born based on values or other principles.

AKIBAT HUKUM ATAS PEMBATALAN SURAT KEPUTUSAN BUPATI TENTANG PEMBERHENTIAN KEPALA DESA SUMURBER KECAMATAN PANCENG KABUPATEN GRESIK Eksan Eksan; Ainul Masruroh; Sholihan Sholihan
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

The agency or the administrative office of the State does not necessarily succeed in carrying out its duties, sometimes the dispute arises due to a decision of the State administration that can cause dissatisfaction. The proposed termination of village chief conducted by the Village consultative Agency is not qualified as a reason to dismiss the head of Sumurber village, Panceng District, Gresik Regency. In addition to the State Administrative Decree/object dispute is contrary to government regulation about the village, also contrary to the regional regulation of Gresik Regency number 12 Year 2006 about the village government. On the other hand, the country's administrative decisions are contrary to good principles of government. Because the State Administrative Decree/object dispute is a state administrative decision contrary to good laws and principles of government. The author uses a method of scripting which provides the solution of legal case ATS that occur. This study analyzed the cancellation of decree of Regent of Gresik No. 141/678/HK/437.12/2013, dated 3 May 2013 concerning the dismissal of the village head of Sumurber, Panceng District, Gresik Regency. The decision of deliberation of the village consultative Agency related to the termination of the village head has been null and void, as a result of the Regent's decision on the termination of Sumurber village chief is irrevocable.

SEJARAH KETATANEGARAAN PASCA PROKLAMASI KEMERDEKAAN 17 AGUSTUS 1945 SAMPAI 5 JULI 1959 DI INDONESIA Agil Burhan Satia; Cicik Nike Rimayani; Hesti Nuraini
MIMBAR YUSTITIA Vol 3 No 1 (2019): Juni 2019
Publisher : universitas islam darul ulum lamongan

A number of historians and legal experts consider that a number of major events in 1945 to 1959 affected the foundations and structures of Indonesian law. Therefore, through a theoretical and legislative approach, this paper discusses the history of Indonesian state administration from August 17, 1945 to July 5, 1959. The author concludes that the history of Indonesian state administration is inseparable from Proklamasi Kemerdekaan 17 Agustus 1945, the birth of UUD 1945, the birth of Konstritusi RIS 1949, Dekrit Presiden 5 Juli 1959, and the change of government system in the constitution. Proklamasi Kemerdekaan 17 Agustus 1945 contained three meanings, namely the sovereignty of the nation, the statement of independence, and efforts to uplift the nation's dignity. The birth of UUD 1945 contains a number of historical facts, namely the presentation of ideas on the basis of the state, the formation of the Draft Constitution and the establishment of UUD 1945. The birth of Konstritusi RIS 1949 included two historic events, namely the Perundingan Linggajati which gave rise to a variety of interpretations of Indonesian-Dutch sovereignty and the Konferensi Meja Bundar (KMB) which resulted in the formation of the United States of the Republic of Indonesia. Dekrit Presiden 5 Juli 1959 which contained the dissolution of the Constituent Assembly, the re-enactment of UUD 1945, and the formation of the MPR. The change in the system of government outlined by the constitution also affected Indonesian state administration.

PERSEKONGKOLAN TENDER DALAM PERSAINGAN USAHA MENURUT UU NO. 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Dewi Nawang Wulan; Ainul Masruroh; rusydi rusydi
MIMBAR YUSTITIA Vol 3 No 2 (2019): Desember 2019
Publisher : universitas islam darul ulum lamongan

Conspiracy tender an action collusive which can reduce the transparency and honesty among the participants of the tender. While time is the government is already set on Procurement of Goods and / or Services in electronic form of e-tendering, with the system online are expected to minimize leakage of the tender as well as the level of conspiracy tender there . But in practice leakage tender and conspiracy are still going on between the actors of business , including the Tender Works Revitalization Development Arena Youth / Teens province of West Nusa Tenggara on Year Budget 2011. Setting the tender which already are online should be able to prevent the conspiracy that happen, but in practice conspiracy tender occur with other modes namely with an agreement that is done by the participants of the tender kolusif the form of similarity IP Address, is practices outside the mechanism system of tendering set . Of things that mean conspiracy tender is still going on and still be one of the problems for the world of busines . Material laws are used as a reference will be analyzed using the technique of analysis of the contents by formulating the analysis of the decision that was decided by the Commission for the Supervision of Competition Usaha (KPPU). Results of the study showed that the system electronics have not fully guarantee the tender free of the conspiracy that carried out by the perpetrators of the business . It is an impact on the budget and the level of competition of business that is healthy , from the system electronics in the form of e- tenderimg the search of a conspiracy can be detected much earlier.

LEGALITAS JASA TRANSPORTASI ONLINE DALAM PERSPEKTIF PENGATURAN LALU LINTAS DAN ANGKUTAN JALAN Nur Afit Santoso; Afif Hasbullah; Muwahid Muwahid
MIMBAR YUSTITIA Vol 4 No 1 (2020): Juni 2020
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i1.1960

The issues discussed in this paper concerning the regulation of transportation services based on information technology in the Laws and Regulations. And the legality of information technology-based transportation services in the perspective of Law no. 22 of 2009 on Road Traffic and Transport (UU LLAJ). This paper uses a normative juridical research type, using a statute approach, conceptual approach and analitycal approach. The information technology-based transportation services are regulated in the LLAJ Law, Government Regulation Number 74 Year 2014 on Road Transportation (PP No. 74 Year 2014), and Regulation of the Minister of Transportation Number 118 Year 2018 on the Implementation of Special Rental Transportation (Permenhub No. 118 Year 2018). Regarding the legality of information technology-based transportation services in the perspective of LLAJ Law, it is said to be legal if it is subject to the provisions of Permenhub. 118 of 2018.

KEDUDUKAN SERTA FUNGSI DPR DALAM SISTEM KETATANEGARAAN NEGARA REPUBLIK INDONESIA Muchlisin Muchlisin
MIMBAR YUSTITIA Vol 3 No 2 (2019): Desember 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i2.2019

The Indonesian state has institutions as a reflection of democracy. Which puts people as the holders of sovereignty. The institution is the house of representatives which is incorporated in the legislative power. In determining the membership of the house of representatives, it remains through the electoral mechanism using the electoral system or the election. This research uses normative juridical research by studying the source of primary law and the source of legal sequences that are either legislation or research results to be carried out an institutional theory approach. The institution has the duty and function in the part of the indonesian state administration system to represent the aspirations or interests of the people. In addition to the duties and function of these institutions have rights that are not owned by other institutions.

PERLINDUNGAN HUKUM BAGI PELAKU USAHA TRANSPORTASI ONLINE DALAM INDUSTRI 4.0 Muhamad Arif Fahmi; Ahmad Munir; Ainul Masruroh
MIMBAR YUSTITIA Vol 3 No 2 (2019): Desember 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i2.2305

In Indonesia, the last five years is very rapid development of technology until it penetrated into the field of transportation called online transportation. The existence of online transportation is hypothesized by most people as a positive part of the evolution of Industry 4.0 in the field of transportation in Indonesia. Not a few people also look negatively at this online transportation, because the existence of online transportation is considered to displace the existence of conventional transportation and the impact of income from conventional transportation is decreasing. The need for legal protection against online transportation businesses and conventional transportation must be provided by the government. This research is a normative research that examines regulations related to transportation and legal protection of online transportation businesses. Then there needs to be a role from the government to provide a legal umbrella on this online transportation.

KEBIJAKAN FORMULASI SANKSI KEBIRI KIMIA DI INDONESIA DI TINJAU DARI PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 1 TAHUN 2016 TENTANG PERLINDUNGAN ANAK Endik Wahyudi; Gerry Gerry Joe
MIMBAR YUSTITIA Vol 3 No 2 (2019): Desember 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i2.2306

The crime of sexual violence in Indonesia is increasing every year. Criminal penalties for perpetrators of sexual violence as stated in the Penal Code and Child Protection Act were considered ineffective until the Government issued The Replacement Government Regulation No. 1 of 2016 that applies criminal sanctions to perpetrators of sexual violence among others by chemically applying castration. This is the background to conducting normative research on the policy of chemicalbirth sanction formulations that apply in Indonesia today. His arrangement of chemical castration and rehabilitation as an additional punishment, to date has not been published, so the mechanisms and technicalities are unknown. In addition, interested sectors are not involved in the establishment of such rules resulting in rejection as executors.

PROSES PEMBENTUKAN UNDANG-UNDANG DAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG Muhammad Faqih
MIMBAR YUSTITIA Vol 3 No 2 (2019): Desember 2019
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i2.2307

This research aims to find out how establishment of legislation and PERPPU in perspective Law No. 12 of 2011 concerning Establisment of legislation. The research method used by the author is normative legal research trought a status approach and historical approach to analysis establisment of legislation used. Analysis Republic Indonesia Law No.12 of 2011. The results of the study showed that the process establishment of legislation the background is with an urgent situation that forces the process of its establishment to be cut short and some of its accelerated links to adjust state conditions in times of emergency. Whereas in the process of making law it is in accordance with Republic Indonesia Law No. 12 of 2011.

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