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MIZAN, Jurnal Ilmu Hukum
Published by Universitas Islam Kadiri
ISSN : 23017295     EISSN : 26572494     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal MIZAN terbit 2 (dua) kali dalam setahun pada bulan Juni dan Desember dimaksudkan sebagai sarana publikasi karya ilmiah para pakar, peneliti dan ahli dalam bidang yang terkait dengan masalah ilmu hukum.
Arjuna Subject : -
Articles 287 Documents
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PELAKSANAAN PASAL 17 PERATURAN DAERAH KABUPATEN TULUNGAGUNG NOMOR 4 TAHUN 2021 TENTANG PENANGGULANGAN HIV/AIDS OLEH KOMISI PENANGGULANGAN AIDS KABUPATEN TULUNGAGUNG Fitria, Riyadhotul; Makhali, Imam
MIZAN, Jurnal Ilmu Hukum Vol 15 No 2 inpress (2026): Mizan: Jurnal Ilmu Hukum
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/mizan.v15i2 inpress.9396

Abstract

This study analyzes the Implementation of the Provisions of the Tulungagung Regency Regional Regulation Number 4 of 2021 concerning HIV/AIDS Prevention and Control, especially efforts to prevent and control HIV and AIDS carried out by the Tulungagung Regency AIDS Control Commission (KPA). This research method uses empirical legal research. The results of this study explain that the Tulungagung Regency AIDS Control Commission has made systematic efforts to improve HIV/AIDS control (as an implementation of the provisions of Article 17 of the Tulungagung Regency Regional Regulation Number 4 of 2021) with promotive, preventive, curative, and rehabilitative steps. The Tulungagung AIDS Commission also actively organizes education programs, socialization, and inclusive and sustainable health services in accordance with the mandate of the regulation, but in its implementation there are still several obstacles, such as limited resources, lack of cross-sector integration, and uneven levels of public awareness, while the effectiveness of HIV/AIDS control in Tulungagung Regency by the Tulungagung Regency AIDS Commission can be said to be relatively successful in suppressing the rate of spread of new cases and increasing access to services for people with HIV/AIDS (PLWHA). This can be seen from the increase in the achievement of early detection, antiretroviral (ARV) treatment, and counseling activities targeting various groups in society. However, this effectiveness still faces structural obstacles such as social stigma against PLWHA, lack of coordination between related institutions, and budget limitations in program implementation.
PELAKSANAAN PENANGGULANGAN KECELAKAAN LALU LINTAS PENGENDARA ANAK DI BAWAH UMUR DI WILAYAH HUKUM KABUPATEN NGANJUK Sumarti, Eni Yuli; Fathurrohman, Sholahuddin
MIZAN, Jurnal Ilmu Hukum Vol 15 No 2 inpress (2026): Mizan: Jurnal Ilmu Hukum
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/mizan.v15i2 inpress.9392

Abstract

This study examines the Implementation of Traffic Accident Management for Underage Drivers in the Legal Area of ​​Nganjuk Regency. The purpose of this paper is to analyze the implementation of traffic accident management involving underage drivers in the jurisdiction of Nganjuk Regency and to analyze the obstacles and efforts in managing traffic accidents involving underage drivers in Nganjuk Regency. This research method uses empirical legal research. The results of this study explain that the implementation of prevention and reducing the number of traffic violations is important for the Regional Government together with the Nganjuk Police to continue to increase awareness and knowledge about traffic regulations through counseling, appeals and effective traffic education campaigns. The use of technology which is currently trending/popular can also help, such as using social media as a means of traffic safety education. Obstacles in handling traffic accidents involving minors in the jurisdiction of Nganjuk Regency are the lack of knowledge and understanding of the community about good and polite traffic rules on the road, minors do not yet have a driving license (SIM), as well as factors such as lack of supervision due to busy parents, parents who spoil their children, and social factors and the child's social environment which are not good. Efforts made include preventive efforts such as conducting socialization in schools such as the "Child Friendly Police" activity and coordinating with the sub district, district, local government together with the Nganjuk Police to continue to increase awareness and knowledge about traffic regulations through counseling, appeals and effective traffic education campaigns and repressive efforts in the form of strict action if children do not yet have a driving license (SIM) and violate traffic regulations can be subject to a ticket whether there is an operation or not and action is given legal sanctions if necessary. At the Nganjuk Police itself, they carried out the Zebra operation, the Safety Compliance operation, the Semeru Compliance operation, the Ketupat operation and the Candle operation. In resolving cases of traffic accidents involving minors, the concept of restorative justice is prioritized with the aim of realizing the diversion of the process of resolving criminal acts outside the criminal justice process and resolving them through a deliberation process by paying attention to the welfare and responsibility of the child, avoiding negative stigma, and maintaining propriety and public order.
PENGAWASANADMINISTRATIFTERHADAPPEMBERITAHUANBARANG KENA CUKAI YANG SELESAI DIBUAT BERDASARKAN PERATURAN MENTERI KEUANGAN NOMOR161/PMK.04/2022 Studi di Kantor Pengawasan dan Pelayanan Bea dan Cukai Kediri Nagari, Yasinta Cahyaning; Fahrazi, Mahfudz
MIZAN, Jurnal Ilmu Hukum Vol 15 No 2 inpress (2026): Mizan: Jurnal Ilmu Hukum
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/mizan.v15i2 inpress.9398

Abstract

This research examines the implementation of administrative supervision of the notification of Excise Goods (Barang Kena Cukai/BKC) that have been completed, as regulated in the Minister of Finance Regulation Number 161/PMK.04/2022, with a case study at the Customs and Excise Supervision and Service Office (KPPBC) of Kediri. The background of this study stems from the importance of optimizing state revenue in the excise sector, particularly tobacco products, which often face challenges related to the circulation of illegalcigarettes. The objective of this research is to analyze the implementation of administrative supervision of excise goods notifications at KPPBC Kediri and to identify the obstacles encountered in applying the regulation. The research employs an empirical legal method with a qualitative approach, using in-depth interviews, questionnaires, and document studies to collect both primary and secondary data. The findings indicate that administrative supervision carried out by Kediri Customs and Excise has been conducted in accordance with the regulations, particularly through the CK-4 reporting system and verification of production documents. However, several challenges remain, including delays in reporting by business operators, limited human resources, and data input errors that affect the distribution process of excise goods. These obstacles are further compounded by the complexity of the new regulation, which has not been fully understood by industry players, especially small and medium enterprises.This study recommends enhancing regulatory socialization, improving information technology systems, and strengthening the capacity of supervisory officers to increase the effectiveness of supervision. Consequently, it is expected that these measures will minimize potential revenue leakages and support the achievement of control and supervision objectives in the distribution of excise goods as mandated by the legislation.
PERLINDUNGAN HUKUM BAGI AHLI WARIS PEMEGANG LETTER C ATAS TANAH YANG BELUM MELAKSANAKAN PENDAFTARAN TANAH (Studi Di Desa Getas Kecamatan Tanjunganom Kabupaten Nganjuk) Budiono, Bambang; Nurbaedah, Nurbaedah
MIZAN, Jurnal Ilmu Hukum Vol 15 No 2 inpress (2026): Mizan: Jurnal Ilmu Hukum
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/mizan.v15i2 inpress.9387

Abstract

This study examines the legal protection for heirs of letter c holders on land who have not carried out land registration. Land is something that is very important and has a high value, because land is synonymous with running the wheel of people's lives. Ownership of land rights which has been explained by the UUPA must go through registration of ownership rights to the land so as to give rise to legal certainty over these rights. The purpose of this study is to analyze how the legal rights for heirs to land with proof of letter c have never been carried out by land registration and how land rights are transferred to heirs in connection with the obligation to register land which is still registered as evidence of letter c. This research method uses empirical legal research. The results of this study explain that where letter c is proof of the right to ownership of a land before the existence of the UUPA which regulates certificates as proof of legal land rights and has been regulated therein so that people currently use legal certificates for ownership of land rights. And the legal transfer of ownership from Letter C to a certificate has been regulated in Article 19 of the UUPA, through the National Land Agency so that the proof of ownership of the land which was originally letter c changed to form in the form of a certificate, due to the existence of the UUPA which regulates certificates as land ownership rights to make letter c has no definite legal force.
PENJUALAN JUAL BELI TANAH DI BAWAH TANGAN DAN MENURUT PPAT (Studi Kasus di Pengadilan Negeri Boyolali) Fitriyanti, Fitriyanti; Nurbaedah, Nurbaedah
MIZAN, Jurnal Ilmu Hukum Vol 15 No 2 inpress (2026): Mizan: Jurnal Ilmu Hukum
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/mizan.v15i2 inpress.9393

Abstract

This research was conducted on a case No. 305/ Pdt. G/ 2009/ PN. Byl. In Bendosari Village, Sawit District, Boyolali Regency. The results of this study indicate that land sales and purchases carried out without a PPAT sale and purchase deed are binding on the parties as long as the material requirements are met, and to validate the sale and purchase, a PPAT Sale and Purchase Deed is made as a requirement for registering the transfer of land rights. Efforts that can be made so that land sales and purchases carried out without a PPAT sale and purchase deed are by filing a lawsuit with the Head of the local District Court with the authority, with the contents of the lawsuit so that the Head of the District Court decides that the sale and purchase of land rights is valid and based on this decision gives power to the buyer as the plaintiff to act on behalf of the seller and at the same time act on his own behalf as the buyer, so that the sale and purchase of land rights can be proven by a PPAT sale and purchase deed to be immediately registered at the local Land Office. The approach in this study is an empirical juridical approach. Empirical juridical research is an approach to problems regarding juridical matters and the existing facts regarding juridical matters. Empirical legal research or sociological research is legal research that uses primary data.
PENYELESAIAN SENGKETA PENGADAAN TANAH BAGI PEMBANGUNAN JALAN TOL KEDIRI-TULUNGAGUNG YANG BERKAITAN DENGAN WARIS OLEH BADAN PERTANAHAN NASIONAL KOTA KEDIRI Hermawan, Yudi; Nurbaedah, Nurbaedah
MIZAN, Jurnal Ilmu Hukum Vol 15 No 2 inpress (2026): Mizan: Jurnal Ilmu Hukum
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/mizan.v15i2 inpress.9399

Abstract

The vulnerability of issues arising from land acquisition for public purposes requires a legal foundation that guarantees legal certainty in land settlement. One of the land acquisition problems for public purposes occurred in the construction of the Kediri–Tulungagung toll road, where the land release process faced obstacles due to inheritance disputes. The research problems in this study are: 1) How is the settlement of inheritance-related land acquisition disputes for the construction of the Kediri–Tulungagung toll road carried out by the National Land Agency of Kediri City? 2) What are the inhibiting and supporting factors in resolving inheritance-related land acquisition disputes for the construction of the Kediri–Tulungagung toll road by the National Land Agency of Kediri City? This study employs an empirical legal research method. The findings of this research are: 1) The settlement of inheritance disputes in land acquisition for the construction of the Kediri–Tulungagung toll road is carried out through mediation and consignment, as stipulated in Articles 43 and 44 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning the Handling and Settlement of Land Cases, Articles 42 and 43 of Law of the Republic of Indonesia Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, as well as Articles 128 and 129 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 19 of 2021 concerning the Implementation of Government Regulation Number 19 of 2021 on Land Acquisition for Development in the Public Interest. 2) The inhibiting factor in resolving land acquisition disputes for the construction of the Kediri–Tulungagung toll road is the legal culture factor, while the supporting factor is the legal factor, particularly the existence of various regulations concerning consignment.
PELAKSANAAN PASAL 83 PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 18 TAHUN 2021 DALAM PROSES PENDAFTARAN HAK BARU ATAS TANAH BEKAS HAK GUNA BANGUNAN (HGB) (Studi Kasus Kantor Pertanahan Kota Kediri) Pertiwi, Adea Ninda; Nurbaedah, Nurbaedah
MIZAN, Jurnal Ilmu Hukum Vol 15 No 2 inpress (2026): Mizan: Jurnal Ilmu Hukum
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/mizan.v15i2 inpress.9388

Abstract

This research originates from a legal issue concerning the implementation of Article 83 of Government Regulation of the Republic of Indonesia Number 18 of 2021 in the process of registering new rights over land with Building Use Rights (HGB) that have expired within the jurisdiction of the Land Office of Kediri City. The purpose of this study is to analyze the implementation of Article 83 of Government Regulation of the Republic of Indonesia Number 18 of 2021 in the process of registering new rights over land with expired Building Use Rights (HGB) at the Land Office of Kediri City, as well as to examine the obstacles encountered in applying the provision. The research method used in this study is empirical legal research. The findings show that: (1) The implementation of Article 83 of Government Regulation Number 18 of 2021 at the Land Office of Kediri City has generally complied with the prevailing legal provisions, whereby applicants are facilitated to apply for the registration of new rights over land with expired HGB. Nevertheless, practical implementation still faces several challenges-juridical, administrative, and technical-including regulatory inconsistencies, limited human resources and supporting facilities, as well as issues in land measurement activities and boundary disputes, all of which contribute to delays in the settlement process. (2) The obstacles in implementing Article 83 of Government Regulation Number 18 of 2021 at the Land Office of Kediri City directly affect the effectiveness of services and legal certainty, as they prolong completion times, delay certificate issuance, and reduce public trust in land administration services. This demonstrates that the success of implementing Article 83 is not only determined by regulations, but also by the readiness of institutions and land administration systems at the regional level.

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