Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia
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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154 Documents
<![CDATA[KEDUDUKAN, TUGAS POKOK, DAN FUNGSI SERTA EKSISTENSI MAHKAMAH AGUNG DI INDONESIA ]]>
<![CDATA[Muhammad Faqih]]>
<![CDATA[ MIMBAR YUSTITIA Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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DOI: 10.52166/mimbar.v4i1.2309
<![CDATA[The Supreme Court is the state institution that exercised the power of the highest judiciary in Indonesia. The power of the judiciary exercised by the Supreme Court is independent, meaning that the Supreme Court is free from the influence or interference of other state powers. As the implementer of Law No. 14 of 1970, formulated the main duties, functions and authorities of the Supreme Court are judicial functions, supervisory functions, administratif functions, and other functions in accordance with the law. The purpose of this research is to find out how the position, basic duties, and functions and existence of the Supreme Court in Indonesia. In this study using legal research that applies four approaches as follows; (1) legal approach; (2) approach problems or matters; (3) comparison and approach; (4) concept approach. A long history records that the existence of the Supreme Court in the Indonesian constitutional system is always contained in the constitution and laws and regulations. The long journey of the Supreme Court made it more concrete and gained the trust of the public related to judicial issues in Indonesia.]]>
<![CDATA[KEBIJAKAN FORMULASI SANKSI PIDANA KEBIRI KIMIA DI INDONESIA YANG AKAN DATANG ]]>
<![CDATA[Endik Wahyudi]]>;
<![CDATA[Gerry Gerry Joe]]>
<![CDATA[ MIMBAR YUSTITIA Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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DOI: 10.52166/mimbar.v4i1.2310
<![CDATA[Since the publication of The Substitute Government Regulation (PERPU) No. 1 of 2016 on the second Amendment to Law No. 23 of 2002 on Child Protection, two cases have been decided given chemical castration measures. However, until now the process of funding / sanctions has not been implemented even though it has the power of law anyway. Due to the absence of institutions willing to do so, including Ikatan Dokter Indonesia who felt the sanction was an act that violated the Health Law, as well as the act of chemical castration is seen as retaliation for its actions that of course deviate from the original purpose of funding. This is the background to conducting normative research on the policy of chemicalbirth sanction formulations that apply in Indonesia in the future. This research uses normative research methods, to find the right formulation of sanctions for perpetrators of sexual crimes. The discussion of criminal formulation policy regarding chemical castration as punishment becomes very necessary, seeing its leading sector refuse to be an executor. The act of chemical castration into treatment or treatment of the perpetrator is a solution that can be provided, in line with the statement from ikatan dokter Indonesia, pedophilia is a sexual disorder that occurs due to psychological disorders.]]>
<![CDATA[PRAKTIK KARTEL MASKAPAI PENERBANGAN DI ERA REVOLUSI INDUSTRI 4.0 ]]>
<![CDATA[M. Alvin Nur Coiroly]]>;
<![CDATA[Ahmad Munir]]>;
<![CDATA[Moh Hudi]]>
<![CDATA[ MIMBAR YUSTITIA Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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<![CDATA[Industrial Revolution 4.0 is a new breakthrough in the business world by relying on information and communication technology. The impact of this industrial revolution also occurred in Indonesia. In the aviation industry for example, ticket booking can be directly purchased via mobile phone. The rapid growth of the national aviation industry makes competition between airlines occur ranging from services to ticket prices. This research uses normative research methods, namely using legislation approaches and conceptual approaches on the concept of conspiracy and cartels by analyzing potential cartels against rising airfares. Business competition methods if done healthily will benefit both consumers and businesses / producers, but unfair business competition can give birth to monopolies and cartel practices. Cartels are considered criminal acts accompanied by criminal fines and/or confinement. The Business Competition Supervisory Commission responded to these allegations by conducting an investigation that was previously only within the limits of research, in the process of investigation must look for at least two tools of evidence to advance to the filing stage then proceed to court.]]>
<![CDATA[PENGATURAN HUKUM PENGEMBALIAN KERUGIAN KEUANGAN NEGARA ATAS TERDAKWA TINDAK PIDANA KORUPSI YANG MENINGGAL DUNIA ]]>
<![CDATA[Muhammad Mashuri]]>
<![CDATA[ MIMBAR YUSTITIA Vol 4 No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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<![CDATA[Refund of state financial losses related to accused corruption who died using civil instruments in an effort to recover losses. Efforts to recover financial losses of the state using civil instruments, are entirely subject to the discipline of material civil law as well as formil, although it relates to corruption crimes. Criminal proceedings follow a material evidentiary system while civil processes adhere to a formil evidentiary system that can be more difficult than material proof. The method used in this study is to follow the method of normative legal research by analyzing the regulation of the substance of the provisions on the procedure of returning state financial losses related to the accused of corruption crimes who died. In the event that the accused dies during the examination at the court hearing, while in real terms there has been a state financial loss, then the public prosecutor immediately submits a copy of the news file of the hearing to the State Attorney or submitted to the aggrieved agency for civil lawsuit against his heirs. After the court's decision that has obtained a permanent legal force, there are still property belonging to the convicted that is suspected to be derived from the proceeds of corruption crimes, civil lawsuits can be made against the convicted or his heirs.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KONSUMEN AKIBAT PENGGUNAAN KOLAGEN INJEKSI DI INDONESIA ]]>
<![CDATA[Abdul Ghofur]]>;
<![CDATA[Siti Afiyah]]>;
<![CDATA[Sholihan Sholihan]]>
<![CDATA[ MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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<![CDATA[Consumer protection in Indonesia is considered to be of little concern, one example of the use of collagen injections which can be dangerous for patients who inject collagen not only makes the body fresh and healthy, but also makes the skin of the wearer smoother. More than that, this product is also claimed to make the wearer stay young. Excessive advertising, word of mouth, makes many women tempted to try. Moreover, in terms of relative prices, it is much cheaper than performing operations. The method used in this research is the normative juridical research type. Regulations related to the production and distribution of drugs and / or cosmetics in Indonesia, especially collagen injection, are contained in Law Number 8 of 1999 concerning Consumer Protection, Regulation of the Minister of Health Number 1010 / Menkes / Per / XI / 2008 concerning Drug Registration. Regulation of the Head of the Agency Number HK.04.1.33.12.11.09938 of 2011 concerning Criteria and Procedures for Withdrawal of Drugs Not Fulfilling Standards and / or Requirements and Law Number 36 Year 2009 concerning Health. In the Regulation of the Head of Drug and Food Control of the Republic of Indonesia Number 28 of 2013 concerning Supervision of the Importation of Medicinal Ingredients, Traditional Medicinal Materials, Health Supplement Ingredients and Food Ingredients into the Indonesian Territory the administrative responsibility The responsibility of business actors for the use of injectable collagen consists of criminal responsibility and civil liability.]]>
<![CDATA[PENERAPAN SANKSI PIDANA ANAK TERHADAP ASAS ULTIMUM REMEDIUM DALAM SISTEM PERADILAN PIDANA ANAK DI GORONTALO ]]>
<![CDATA[Haritsa Asbar]]>
<![CDATA[ MIMBAR YUSTITIA Vol 5 No 1 (2021): Juni 2021 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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DOI: 10.52166/mimbar.v5i1.2738
<![CDATA[Penerapan asas Ultimum Remedium dilatar belakangi pemikiran pembaharuan hukum pidana (penal reform) bertujuan mengenyampingkan pemidanaan dengan alternatif sanksi selain sanksi pidana. Penelitian bertujuan penerapan asas ultimum remidium dalam penjatuhan sanksi pidana terhadap anak yang berhadapan dengan dengan menggunakan metode penelitian hukum yuridis empiris. Berdasarkan hasil penelitian tersebut direkomendasikan: 1) Penerapan sanksi tindakan terhadap anak semestinya menjadi pertimbangan hakim, untuk itu diperlukan pemahaman lebih terhadap semangat perlindungan, sehingga aparat, khususnya hakim dapat lebih mengutamakan kepentingan anak secara optimal melalui sanksi tindakan, 2) Penanganan anak yang berhadapan dengan hukum harus diletakkan dalam kerangka perwujudan kesejahtraan anak, bukan pemenuhan prosedur hukum. Olehnya itu, perlu segera pengaplikasian secarah menyeluruh perlindungan baik sebagai korban maupun pelaku, yang benar-benar memberikan perlindungan hukum terhadap anak. Untuk itu sangat perlu diupayakan bahwa dalam proses persidangan dalam hal menentukan pertanggungjawaban pidana terhadap anak yang melakukan tindak pidana adalah cukup dengan menjatuhkan sanksi berupa sanksi tindakan.]]>
<![CDATA[OTONOMI DESA ADAT PAKRAMAN BERDASARKAN PERDA PROVINSI BALI NOMOR 4 TAHUN 2019 TENTANG DESA ADAT DI BALI ]]>
<![CDATA[Fauziyah Fauziyah]]>
<![CDATA[ MIMBAR YUSTITIA Vol 5 No 1 (2021): Juni 2021 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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DOI: 10.52166/mimbar.v5i1.2776
<![CDATA[The State of Indonesia recognizes and respects the existence of indigenous villages as mandated by the constitution in article 18B paragraph (2) of the Constitution of the Republic of Indonesia of 1945. Furthermore, Law No. 6 of 2014 concerning Villages was born as an application to the mandate of consensus. Pakraman Indigenous Village is one of the legal alliances in Indonesia where it has the right of autonomy to regulate its own household. For the sake of legal certainty, a Regional Regulation is needed as a legal basis to regulate the form or scope of autonomy of pakraman customary villages. The latest Regional Regulation on Indigenous Villages in Bali which was then issued in 2019 is quite a bit reviewed. This research aims to analyze how the form of autonomy in Bali based on Bali Provincial Regulation No. 4 of 2019 concerning Balinese Customary Villages, along with their boundaries in relation to the power of the Unitary State of the Republic of Indonesia. The method used is normative legal research. The approach used is the conceptual approach and the legislative approach.]]>
<![CDATA[KEWAJIBAN NEGARA TERHADAP PERLINDUNGAN TENAGA KERJA INDONESIA ]]>
<![CDATA[WIRA PURWADI]]>
<![CDATA[ MIMBAR YUSTITIA Vol 5 No 1 (2021): Juni 2021 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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DOI: 10.52166/mimbar.v5i1.2811
<![CDATA[The problem of migrant workers working abroad is increasingly adding to the burden of labor problems in Indonesia, both concerning injustice in the treatment of labor dispatch, inappropriate placement, low salary standards because they are not in accordance with the agreed work contract, violence by labor users and harassment. sexual relations, the purpose of this study is to find out how the state's responsibility towards Indonesian workers abroad is. The research method uses normative research (labrary research) or library research related to statutory regulations. The results of the study indicate that the state has not been able to carry out the preamble of the fourth paragraph of the 1945 Constitution "to protect the entire nation" due to the unclear authority given by the state to the relevant institutions to be responsible for TKI abroad. . Juridically, the laws and regulations in the field of placement and protection of Indonesian Migrant Workers are not in sync vertically or horizontally.]]>
<![CDATA[PENYELESAIAN PELAKSANAAN PERJANJIAN KREDIT PEMBIAYAAN MULTIGUNA AKIBAT NASABAH MENINGGAL DUNIA ]]>
<![CDATA[Muhamad Zanuar Prasetyo]]>
<![CDATA[ MIMBAR YUSTITIA Vol 5 No 1 (2021): Juni 2021 ]]>
Publisher : <![CDATA[universitas islam darul ulum lamongan ]]>
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DOI: 10.52166/mimbar.v5i1.2841
<![CDATA[Financial institutions provide consumer financing facilities (multipurpose financing) in the form of funding for consumer needs (customers) to purchase consumptive needs. The agreement process for the consumer financing facility must be able to convince the financing company. However, if the consumer (debtor) dies, who is still bound by the obligation to pay the installments, it is necessary to settle the implementation of the credit agreement. This study uses a normative legal research method by discussing the problem of goods credit agreements with multipurpose financing facilities on the completion of the implementation of multipurpose financing credit agreements caused by the customer's death. In connection with the death of the debtor, if the circumstances of death are the same as default in the form of not fulfilling any achievements at all, then the obligations of the deceased debtor must be continued by the person who is the guarantor in the financing agreement (in this case it can be the wife/husband or other person who his name is called the guarantor in the financing agreement).]]>
