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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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TINJAUAN YURIDIS KEWENANGAN HAK ANGKET DEWAN PERWAKILAN RAKYAT TERHADAP KOMISI PEMBERANTASAN KORUPSI Wibowo, Satriyo Amukti
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3415

Abstract

The authority of the supervisory agency in writing this article, is focused on the authority of the DPR as a supervisory agency in overseeing the performance of other state institutions, by reviewing the 1945 Constitution, Law Number 17 of 2014 concerning MD3 (MPR, DPR, DPD, and DPRD), Law No. Number 30 of 2002 concerning the Corruption Eradication Commission (KPK), and the decision of the Constitutional Court (constitutional court) number 36/PUU-XV/2017. The research in this paper emphasizes the authority of the DPR in providing questionnaires to the KPK. The research method in this paper is a normative juridical approach with a statute approach, a conceptual approach, and a historical approach. The purpose of the research is simply to find out the provisions and regulations regarding the authority of the supervisory agency and to examine from a legal aspect the authority of the DPR as a supervisory agency in providing questionnaires to the KPK as an independent state institution. In carrying out their duties and authorities, they are independent and free from any power. The main results of the research can be concluded that the authority of the DPR as a state institution has three functions, namely, the legislative function, the budget function, and the supervisory function as stated in Article 20A paragraph (1) of the 1945 Constitution, and in carrying out these functions the DPR is also supported by several rights, namely, the right of interpellation, the right of inquiry, and the right to express an opinion, which are also stated in Article 20A paragraph (2) of the 1945 Constitution, but based on law number 30 of 2002 concerning the Corruption Eradication Commission (KPK), it is explained that the KPK is an institution independent country. The authority of the DPR as a supervisory agency in supervising state institutions, in this study the DPR gave a questionnaire to the KPK on a case that was considered important, strategic, and had a broad impact on the Indonesian people and nation.
PERLINDUNGAN HUKUM TERHADAP TANAH PERTANIAN ATAS ALIH FUNGSI MENJADI TANAH PERUMAHAN DAN INDUSTRI Munir, Saiful
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3419

Abstract

The modernization paradigm that has been developing is that developed countries are industrial countries. Thus, if Indonesia turns into a modern country, it must change itself from an agricultural country to an industrial country. The regional government and the apparatus of the related institutions in the effort to realize the protection of sustainable food land are still limited to carrying out their main tasks and functions as outlined in the regional regulation, there are no other sociological efforts aimed at realizing sustainable agricultural land protection. This research was conducted to determine the product of government law in reducing the conversion of agricultural land into residential and industrial land. This is to determine the form of legal protection due to the conversion of agricultural land into residential and industrial land. The research carried out is a normative juridical legal research, which is a type of research that will examine the regulations, both legislation and other regulations under the law, which have a relationship with the issues the author is examining. In conducting research, the authors use several approaches, including a statutory approach (statue approach), a conceptual approach (conceptual approach), a historical approach (historical approach) and a comparative approach (comparative approach). The transfer of the function of agricultural land to non-agricultural in various regions in Indonesia is mostly carried out by the land owner itself and is influenced by other factors both internal and external as well as government policy factors.
ANALISIS JEDA WAKTU TERJADINYA SERANGAN ATAU ANCAMAN TERHADAP PEMBELAAN TERPAKSA Serbabagus, Shalahudin -; Mubarak, Adam Wildan
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i2.3430

Abstract

KUHP does not only regulate non-prohibited rules that are criminal in nature or violations. but also fully regulates legal protection. as is the case in limited or noodweer cleavage. The limited defense itself is still divided into an extraordinary limited defense or noodweer excess. The problem is that there is a time lag that needs to be explained further because in general the time lag is only said to be instantaneous when a threat or attack occurs. and the lack of explanation of the instantaneous word itself. The approach used in this research is the statutory approach and the conceptual approach, the case approach of this normative research. With such a methodological approach, the time lag for the forced defense can be explained in detail. Keywords : KUHP; Limited Defense; Noodweer; Noodweer excess
UPAYA PAKSA (DWANG MIDDELEN) DALAM DUGAAN TERJADINYA TINDAK PIDANA BAGI PENYIDIK Santoso, Bagus Teguh
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 1 (2022): Juni 2022
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i1.3493

Abstract

The supreme court didn’t make the gradation on the evidence law in the process of the law enforcement on the first stage/pre-trial (investigation and introgation) and the second stage/trial (prosecution and verdict). Meanwhile, the provisions of article 184 KUHAP is related with the provisions of the next article 185, 186, 187, 188, and 189 KUHAP. That proves that the gradation of legal evidence in article 184 is for the second stage/ trial process. The research method used in this research is normative legal research. The research approach used is the statutory approach, the conceptual approach and the cases approach to coercive measures (dwang middelen) in the alleged occurrence of criminal acts for investigators based on the Criminal Procedure Code and the Constitutional Court Decision Number: 21/ PUU-XII/2014. This study aims to analyze disharmony as a legal consequence of the Constitutional Court Decision No. 21/PUU-XII/2014. If the verdict of supreme court aquo has the character final and binding, then after 30 days it was decided and declared in the gazette. As the law effect, all measures from the investigator were guided by KUHAP, in the frame of the force effort (dwang middelen) when the determination of the suspect, the arrest, and the detention is called as the breach of the legality principle and the rechtmatigeheid van bestur principle. That measures is null and void (neitigheid van rechtswege), therefore when tested by the pre-trial process about that measures, then the lawsuit filed by the applicant is very feasible and rasionable based on the law and appropriate to be accepted by the judge of pre-trial examiner.
PERAN NOTARIS DALAM PERLINDUNGAN HUKUM TERHADAP PIHAK KETIGA ATAS PEMBUATAN PERJANJIAN PERKAWINAN SETELAH PERKAWINAN BERLANGSUNG Nindiasari, Septian Putri; Rato, Dominikus; Ali, Moh.
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i2.3655

Abstract

One of the legal consequence of a marriage is a consolidation of husband and wife assets with the understanding that both parties before signing the marriage contract can decide otherwise, through the pre-nuptial contract. The Constitutional Court Decision No. 69/PUU-XII/2015, made possible the making of a similar arrangement after the marriage contract has been signed. The focus of this article is to explore, using a juridical normative approach, what legal protection exist for third parties. The main finding is that legal protection is provided by requiring the contract be made by and before a notary public, registered at the Civil Registrar Office and all that is performed only after the Notary Public made an inventory of both spouse’s assets.
TANGGUNG JAWAB NOTARIS TERHADAP PENGAKUAN ANAK DILUAR KAWIN PADA HAK WARIS ANAK PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU/VIII/2010 Sanusi, Imam; Rato, Dominikus; Ali, Moh.
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i2.3656

Abstract

The legal concept regarding the position of a child born out of wedlock who only has a civil relationship with the mother and the mother's family experienced a shift when the Constitutional Court Decision Number 46/PUU-VIII/2010 was issued. There are 2 (two) issues that will be discussed, namely the rights and status of children illegitimate after the Constitutional Court's decision, as well as the authority of a Notary in making a Certificate of Inheritance for a Child Out of Wedlock after the Constitutional Court's Decision. In compiling this research, the writer uses normative research methods which are carried out as an effort to obtain the necessary data in an effort to obtain the necessary data in connection with the problem. From the results of the research it can be obtained that the Constitutional Court's decision opens opportunities for children outside of marriage to have civil relations with their father and father's family and the authority of a notary in making certificates of inheritance for children outside of marriage after the decision of the Constitutional Court Number 46/PUU-VIII/2010 becomes very important.
KETERLIBATAN DAN PENGARUH POLITIK HUKUM TERHADAP IKLIM INVESTASI DI INDONESIA Anantha, Akmal Ricko Ferry; Rato, Dominikus; Ali, Moh.
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i2.3657

Abstract

Legislation is an inseparable part of our country's identity as a state of law. In the process of forming legislation, it is closely related to legal politics which is one of the important elements in the running of a country. will be formed about what will be used as criteria to regulate something. So that it can be seen directly that the involvement and influence of legal politics is very large, a particular example is towards all rules made from the results of legal politics of legislative councils which affect all aspects of development in Indonesia including the investment climate in Indonesia. Investment is one of the drivers of the economy in Indonesia so that the arrangements must be made in a fundamental and detailed manner so that it can have a positive effect on the economy and investment in Indonesia. One of the legal products regarding investments made by the legislature is in Law Number 25 of 2007 namely concerning Investment, in enforcing this Law there are two categories of influence, namely positive and negative. If the positive influence created by the Investment Law applies to the general public then it will be good, but if it only applies to certain parties then it will be a negative influence.
RESTRUKTURISASI UTANG PT GARUDA INDONESIA, Tbk. SEBAGAI UPAYA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG KEPADA KREDITUR Amalia, Widya Sari; Hariyani, Iswi; Prakoso, Bhim
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i2.3658

Abstract

PKPU has a goal to improve the company from an economic standpoint and the company's ability as a debtor to make a profit, with this step it is hoped that the company can pay off its obligations. Settlement is not defined by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (hereinafter referred to as the Bankruptcy Law and PKPU). However, in this case the general understanding is as normalized in Article 222 of the Bankruptcy Law and PKPU that in principle the reconciliation plan includes an offer to pay part or all of the debt to creditors. In bankruptcy and PKPU cases, all creditors and debtors have the opportunity to submit a peace plan which can be part of a debt restructuring. SOEs have a responsibility in the problems being faced by PT Garuda Indonesia, Tbk. PT Garuda Indonesia, Tbk. is unable to pay its debts to creditors because of the equity of PT Garuda Indonesia,Tbk. recorded negative. The enormous debt made PT Garuda Indonesia, Tbk. choose to do debt restructuring even though the path chosen has a risk of bankruptcy. Even though PT Garuda Indonesia, Tbk. is experiencing financial problems. continue to run its business, this is in line with the principle of business continuity as normalized in 240 of the Bankruptcy Law and PKPU.
Perlindungan Hukum Terhadap Perusahaan Asuransi Atas Adanya Penyalahgunaan Klaim Asuransi Wahjuni, Edi; Wardhana, Rhama Wisnu; Purwanto, Safira Oktavia
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.3462

Abstract

insurance that is starting to grow chosen by the public is property insurance. Property insurance is a product that provides compensation in the event of damage to the insured property. The purpose of writing this study is to analyze the forms of abuse of insurance claims and forms of legal protection for insurance companies from abuse of claims. The method is a normative juridical research type. The problem approach used is the legal approach (state approach) and the conceptual approach (conceptual approach). Based on the results of the study, The existence of misuse of insurance claims by unscrupulous company leaders who bring losses in payment of claims by insurance companies is a form of unlawful act as regulated in the provisions of Article 1365 of the Civil Code. Then, the form of legal protection for insurance companies from losses due to misuse of claims that the company leadership is required to return company money that has been misused.
PENGATURAN HUKUM PERSAINGAN USAHA ATAS JASA KEUANGAN DIGITAL DI INDONESIA Fahmi, Muhammad Arif; Hasbullah, M. Afif; Munir, Ahmad
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 1 (2022): Juni 2022
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i1.2625

Abstract

The revolution from industry 4.0 has created a new finding in the financial sector, namely digital finance. The unclear legal rules governing business competition in the digital financial services industry can lead to cartel actions in conducting business competition. The method used in writing this article is normative legal research on the phenomenon of the development of the digital financial era in Indonesia. This study aims to analyze the legal regulation of business competition for digital financial services and fair business competition in the digital financial services industry. The regulation of digital financial services in Indonesia is regulated in Bank Indonesia Regulation Number 19/12/PBI/2017 concerning the Application of Financial Technology, and is also regulated in the Financial Services Authority Regulation No. 13 /POJK.02/2018 regarding digital financial innovation, it also includes consumer protection for digital financial service users. However, to guarantee legal certainty for the community or consumers, it must be regulated in the form of a law.

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