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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<![CDATA[PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS KERUGIAN PENGISIAN BAHAN BAKAR MINYAK DI SPBU BUNGKUL KABUPATEN INDRAMAYU ]]>
<![CDATA[Wahjuni, Edi]]>;
<![CDATA[Sari, Nuzulia Kumala]]>;
<![CDATA[Sihite, Reston Sipta]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 1 (2022): Juni 2022 ]]>
Publisher : <![CDATA[Universitas Islam Darul 'Ulum Lamongan ]]>
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DOI: 10.52166/mimbar.v6i1.3167
<![CDATA[Business actors at the Bungkul gas station 34.45232 located on Jalan Soekarno Hatta, Bojong Sari Village, Indramayu Regency, West Java have been proven to have committed fraud in filling fuel oil at the gas station which was found by the Directorate General of Consumer Protection and Orderly Commerce. permissible error limit. Business actors in this case cause harm to consumers, consumer rights and protection issues. The use of measuring instrument technology in the business world is needed in the hope of satisfying consumers but in reality it causes many problems. There is an additional tool at the fuel measuring pump in the form of an electronic circuit to commit fraud. This practice results in harm to people who are not aware that they have been cheated while refueling. Various modes are carried out by the SPBU officers, one of which is by manipulating the measuring instrument at the gas station so that it seems as if the fuel that is served by the consumer is in accordance with the price paid. Business actors violate consumer rights, especially the right to obtain measurements, measurements, scales, comfort and safety in using goods and/or services. Then the method used is the statutory approach, the conceptual approach. The results of this study indicate that the Bungkul gas station must be responsible for providing compensation or compensation in the form of a refund of the amount that has been harmed. Keywords: Business actors, Consumers; Loss.]]>
<![CDATA[PRINSIP KEPASTIAN HUKUM PEMBERHENTIAN NOTARIS AKIBAT DINYATAKAN PAILIT ]]>
<![CDATA[Pambudi, Amira Inaz Clarissa]]>;
<![CDATA[Tanuwijaya, Fanny]]>;
<![CDATA[Setyawan, Fendi]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 1 (2022): Juni 2022 ]]>
Publisher : <![CDATA[Universitas Islam Darul 'Ulum Lamongan ]]>
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DOI: 10.52166/mimbar.v6i1.3187
<![CDATA[Notaries basically work to get fair and proper compensation and treatment in an employment relationship, so a notary should be able to re-apply as a notary after completing the bankruptcy process. Because the notary who has been declared bankrupt and has been dismissed by the minister has paid compensation to the creditor, so that the creditor has received his rights. The UUJN provides provisions if a notary who has been declared bankrupt will be dishonorably dismissed from his position as regulated in Article 12 letter a of the UUJN. The type of research used is normative juridical, with a statutory approach and a conceptual approach as well as a historical approach. The regulation of the bankruptcy notary in Article 9 and Article 12 of UUJN is vague, ambiguous and inconsistent. A Notary as a General Officer is given the authority to make an authentic deed. Future arrangements regarding the reappointment of notaries who have completed the bankruptcy process, that there needs to be complete and specific regulations, because there is a void in norms regarding the reappointment of notaries who have completed the bankruptcy process.]]>
<![CDATA[PEMERIKSAAN SENGKETA TINDAKAN PEMERINTAHAN PASCA PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2019 ]]>
<![CDATA[Sudarsono, Sudarsono]]>;
<![CDATA[Izroiel, Rabbenstain]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 1 (2022): Juni 2022 ]]>
Publisher : <![CDATA[Universitas Islam Darul 'Ulum Lamongan ]]>
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DOI: 10.52166/mimbar.v6i2.3341
<![CDATA[Examination of cases of unlawful acts by the government (onrechtmatige overheidsdaad) prior to the enactment of Law Number 30 of 2014 in conjunction with Supreme Court Regulation Number 2 of 2019 was carried out by the General Court. After the enactment of the Supreme Court Regulation Number 2 of 2019, the examination of the onrechtmatige overheidsdaad case was transferred to the TUN Court as a Government Action dispute. As a relatively new procedural law in the State Administrative Court, it is necessary to conduct legal research. This normative legal research found that the Government Action dispute is a public dispute whose examination must use the procedural law of the State Administrative Court, no longer using Article 1365 of the Civil Code. The object of the dispute is Government Action, either in the form of acts of action or non-action, carried out by government agencies and/or officials that cause harm to community members. This study resulted in suggestions for socialization and legal enforcement of the examination of disputes over Government Actions in order to realize legal and justice systems.]]>
<![CDATA[Metode Omnibus Dalam Pembentukan Undang-Undang Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 ]]>
<![CDATA[Kuncoro, Cipto]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023 ]]>
Publisher : <![CDATA[Universitas Islam Darul 'Ulum Lamongan ]]>
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DOI: 10.52166/mimbar.v7i1.4027
<![CDATA[The birth of a legal product in the form of Law Number 11 of 2020 concerning Job Creation has led to disagreement with its enactment by taking the judicial review route to the Constitutional Court. The decision stated that it was contrary to the 1945 Constitution of the Republic of Indonesia and did not have conditionally binding legal force as long as it was not interpreted as "revisions were not made within 2 (two) years since this decision was pronounced". This study aims to analyze the basis for using the omnibus method in the practice of forming laws and regulations in Indonesia and the implications of the Constitutional Court Decision Number 91/PUUXVIII/2020 for Law Number 12 of 2011 and the Job Creation Law. The type of normative legal research used in this research is a statutory approach, a case approach, and a conceptual approach in finding the basic rules in the 1945 Constitution of the Republic of Indonesia and Law Number 12 of 2011 in carrying out a formal review of the Job Creation Law. The results in this study are that the use of the omnibus law method in the practice of forming statutory regulations in Indonesia has been carried out for a long time, even since the Dutch East Indies government until now. It's just that what forms the basis for the practice of using the omnibus law does not refer to guidelines in law (the law on the omnibus law method) as standard, standard and definite guidelines, including the Job Creation Law which the Petitioners requested for a formal test to the MK with Case Number 91/PUUXVIII/2020. The implications of the Job Creation Law were declared conditionally unconstitutional. This means that the current status of the Job Creation Law is unconstitutional but temporary.]]>
<![CDATA[Kedudukan Pembagian Hak Bersama Waris Sebagai Peralihan Harta Yang Dibebaskan Pajak Penghasilan ]]>
<![CDATA[Permana, Bayu Indra]]>;
<![CDATA[Rato, Dominikus]]>;
<![CDATA[Susanti, Dyah Octhorina]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023 ]]>
Publisher : <![CDATA[Universitas Islam Darul 'Ulum Lamongan ]]>
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DOI: 10.52166/mimbar.v7i1.4193
<![CDATA[The transfer of property to certain heirs for the joint ownership of the object of inheritance must be transferred by way of the distribution of joint rights, which is based on the APHB. Article 4 paragraph (3) letter b of the Income Tax Law explains that the transfer due to inheritance is exempt from collecting PPh, but in its implementation it must be accompanied by a PPh SKB issued by KPP Pratama. So that in order to get the income tax exemption on the transition, the heirs must apply for the issuance of the SKB PPh to the KPP Pratama. However, the KPP Pratama often refuses the issuance of the SKB PPh, this results in the heirs having to pay PPh on the transition. This study uses a normative juridical method with a statutory approach and a conceptual approach, and legal materials are analyzed using a deductive method. The results of this study indicate that the transfer of land rights by the distribution of joint rights of inheritance should be exempted from income tax, because the distribution of joint rights is still included in the series of inheritance processes, so the transfer of income tax collection must be exempted. So that legal reform is needed to provide legal certainty in the exemption of PPh on the transition. Keywords: Standing, Distribution of Inheritance, Income Tax, Transfer of Land Rights]]>
<![CDATA[Kedudukan Hukum Surat Keterangan Ahli Waris Sebagai Alas Hak Dalam Pembuatan Akta Perjanjian Pengikatan Jual Beli (PPJB) ]]>
<![CDATA[Nindiasari, Septian Putri]]>;
<![CDATA[Rato, Dominikus]]>;
<![CDATA[Susanti, Dyah Octhorina]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023 ]]>
Publisher : <![CDATA[Universitas Islam Darul 'Ulum Lamongan ]]>
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DOI: 10.52166/mimbar.v7i1.4195
<![CDATA[Certificate of Heir for native citizens is usually made by the heirs themselves, signed by Village Head, and acknowledged by Subdistrict Head. Besides that, it can also be directly made by Village Head and acknowledged by Subdistrict Head; it contains the names of heirs who have the right to inherit the property. The research used judicial normative and descriptive analytic method. The result of the research shows that Certificate of Heir which is made by the heirs, signed by Village Head, and acknowledged by Subdistrict Head. A Notary is not responsible for a sales contract which uses Certificate of Heir issued by Village Head, and thus it is considered invalid. A Notary is only responsible for the authenticity of a Sales Contract drawn up by him since it is in line with the prevailing legal provisions on Notarial Position as stipulated in UUJN (Notarial Act) No. 30/2004 juncto UUJNNo. 2/2014. Keywords: Certificate of Heir, Village Head, Notary, Native Citizens]]>
<![CDATA[Pewarisan Objek Tanah Hak Milik Menurut Hukum Adat ]]>
<![CDATA[Anantha, Akmal Ricko Fery]]>;
<![CDATA[Rato, Dominikus]]>;
<![CDATA[Susanti, Dyah Octhorina]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023 ]]>
Publisher : <![CDATA[Universitas Islam Darul 'Ulum Lamongan ]]>
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DOI: 10.52166/mimbar.v7i1.4196
<![CDATA[Indigenous peoples control customary land for generations with inheritance regulated in customary inheritance law. Customary land in question has not been attached with land rights. The results of research using normative juridical methods with statutory approaches, conceptual approaches, and historical approaches provide an explanation thatinheritance related to the provisions regardinginherited assets that are transferred to control and ownership from heirs to heirs based on customary law rules, which have binding legal force for indigenous peoples. Land ownership rights are objects of inheritance which are material tangible assetsfirst and foremost. The process of inheriting land ownership rights to heirs based on customary inheritance law is carried out deliberation and kinship on the principle of mutual cooperation, running in harmony, peace and harmonycontains cultural values and is recognized by the state. Furthermore, to guarantee legal certainty, legally, land registration is carried out on ownership rights to land as objects of inheritance. Keywords: Land Property Rights, Objects of Inheritance, Customary Inheritance Law.]]>
<![CDATA[Kekuatan Hukum Testament (Surat Wasiat) Terhadap Hak Mewaris Anak Angkat Menurut KUHPerdata ]]>
<![CDATA[Pertiwi, Amelia Niken]]>;
<![CDATA[Rato, Dominikus]]>;
<![CDATA[Susanti, Dyah Octhorina]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023 ]]>
Publisher : <![CDATA[Universitas Islam Darul 'Ulum Lamongan ]]>
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DOI: 10.52166/mimbar.v7i1.4197
<![CDATA[In various regions in Indonesia, adopted children have the same legal status as their own children, including the right to be able to inherit wealth left by their adoptive parents when they die. In order to protect adopted children from continuing to obtain their rights over the inheritance of their adoptive parents, the parents make a will which is a way for the owner of the assets who during his lifetime expressed his last wish regarding the distribution of his inheritance to the heirs which will only take effect after he dies. In principle, people are free to determine their will for their assets after death. Likewise, the right to inherit adopted children is based on a will made by their adoptive parents so that the adopted child gets a share of the inheritance. Keywords : Inheritance, Will, Adopted Child]]>
<![CDATA[Kedudukan Hukum Ahli Waris Penyandang Cacat Mental Dalam Memperoleh Hak Warisnya (Harta Waris) ]]>
<![CDATA[Sanusi, Imam]]>;
<![CDATA[Rato, Dominikus]]>;
<![CDATA[Susanti, Dyah Octhorina]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023 ]]>
Publisher : <![CDATA[Universitas Islam Darul 'Ulum Lamongan ]]>
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DOI: 10.52166/mimbar.v7i1.4198
<![CDATA[Every human being is born with their own diversity and uniqueness, some have differences called special needs. Many people out there view that a person who is born with special needs is called an imperfect human or is commonly called a cripple. Normative legal research is used in this study to find solutions to the legal position of heirs of people with mental disabilities. The approach used is a statutory approach and a conceptual approach to the authority of guardians, inheritance management, and the rights of people with mental disabilities. People who have mental disorders or disabilities when faced with legal problems, in this case regarding the matter of inheritance, they cannot take/perform legal actions themselves. Even though he is in a state of being unable to carry out legal actions independently, he is still referred to as a legal subject. By recognizing persons with mental disabilities as legal subjects, they are included in legal subjects who are incompetent and can be assisted by guardians to receive inheritance. Keywords : Inheritance, Mental Disability, Empowerment]]>
<![CDATA[PERSEKONGKOLAN TENDER DALAM PERSAINGAN USAHA MENURUT UU NO. 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT ]]>
<![CDATA[Wulan, Dewi Nawang]]>;
<![CDATA[Masruroh, Ainul]]>;
<![CDATA[Rusydi, Rusydi]]>
<![CDATA[ MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 3 No 2 (2019): Desember 2019 ]]>
Publisher : <![CDATA[Universitas Islam Darul 'Ulum Lamongan ]]>
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DOI: 10.52166/mimbar.v3i2.1959
<![CDATA[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.]]>
