Jurnal Hukum Mimbar Justitia
Focus and Scope Focus of Jurnal Hukum Mimbar Justitia has a main focus on the publication of scientific articles related to various aspects of law, both in national and international contexts. The journal aims to be a platform for academics, legal practitioners, and researchers to share knowledge, research results, and current thinking in various fields of law. Scope of Jurnal Hukum Mimbar JustitiaJournal: The scope of Mimbar Justitia Law Journal includes, but is not limited to, the following areas: Constitutional Law: Articles that discuss legal aspects of constitutions, systems of government, division of powers, human rights, as well as other related topics in the context of specific countries and legal systems. Criminal Law: Topics related to criminal law, including but not limited to criminal theory, crime, criminal procedure, criminal justice, and current crime issues. Civil Law: Articles that discuss civil law in various contexts, such as family law, inheritance law, contract law, property law, and other civil disputes. Business and Economic Law: This scope includes articles that discuss legal aspects related to the world of business and economics, including competition law, business contract law, corporate law, and economic regulation. International Law: Articles that discuss international law, including public international law, private international law, international organisations, international trade, and other global issues. Environmental Law: This covers articles that address legal issues relating to environmental conservation, natural resource protection, environmental law, and corporate social responsibility in an environmental context. Islamic Law: Articles that discuss aspects of Islamic law in various contexts, including Islamic family law, sharia, Islamic economic law, and Islamic legal thought. Customary Law: Articles that discuss customary law in the context of specific cultures and societies, including traditional legal systems, customs, and the protection of customary rights. Health Law: This scope includes articles that address legal aspects related to the field of health, including medical law, medical ethics, pharmaceutical regulation, and patient rights and obligations. Law of the Sea: Articles that discuss the law of the sea, including fisheries law, marine transport law, international conventions on the law of the sea, and other maritime law issues. Space Law: This scope includes articles that discuss legal aspects relating to space exploration, space exploration, regulation of space activities, and the rights and obligations of states in space. The journal also welcomes articles that discuss other topics related to legal science at large. The approach used in analysing the articles is Juridical Normative and Juridical Sociology, to provide comprehensive and in-depth insight into the topics discussed.
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<![CDATA[TANGGUNG JAWAB DOKTER DALAM MELAKUKAN ABORSI TANPA SEIJIN IBU YANG MENGANDUNG ATAU KELUARGA DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA ]]>
<![CDATA[Tanti Kirana Utami]]>;
<![CDATA[Aji Mulyana]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 1, No 2 (2015): Published 30 Desember 2015 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v1i2.37
<![CDATA[A doctors liable criminally to do an abortion without any permission orexplanation before an abortion to the pregnant or the family. A doctor’s Criminalliability that does an abortion as a medical indication without any permissionfrom the pregnant mother or the family is considered as a subjection to criminalpenalties if the abortion is not done under emergency situation. Otherwise, doctoris not liable to the law. The writing uses juridical normative approach andobserved using primary, secondary and tertiary literature. The technique ofcollecting data is obtained by researching the literature. After observing, theliterature is analyzed by qualitative method. The result of this research is that anabortion case as a medical indication without any permission from the pregnantmother or the family is subject to criminal penalties, civil liability andadministrative sanctions. It is stipulated in criminal code and civil code, so thatabortion is absolutely prohibited.Keywords: Abortions, Responsibility Doctors, Without Permission Mother orFamily.]]>
<![CDATA[PENYELESAIAN PERKARA PIDANA DENGAN KONSEP KEADILAN RESTORATIF (RESTORATIVE JUSTICE) DALAM SISTEM PERADILAN PIDANA TERPADU DI INDONESIA ]]>
<![CDATA[Kristian Kristian]]>;
<![CDATA[Christine Tanuwijaya]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 1, No 2 (2015): Published 30 Desember 2015 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v1i2.42
<![CDATA[Various problems that occur in a community, is a social phenomenon that has existed since the start of human life. Problem solving methods that can be taken is basically divided into two, namely the completion of the litigation and non-litigation pathway. In fact, if there is a problem, especially with regard to criminal law (criminal case), the model of problem solving is always done using the path of litigation. The settlement of this litigation by using paths in practice does not always go according to what is expected due to the settlement of litigation by using the path in the traditional criminal justice system today would lead to new problems such as: pattern of retaliatory punishment still, causing a buildup of the case, do not pay attention to the rights of the victim, not in accordance with the principle of simple justice; process is long, complicated and expensive, and the settlement is legistis stiff, does not restore the effects of crime, prisons conditions are not adequate, does not reflect justice for the community and so although, the law was made essentially to provide fairness and benefits to humans. Looking at these phenomena, in the latest development emerged a new concept or approach the concept of restorative justice. The concept of restorative justice approaches assessed or can cope with various problems in the traditional criminal justice system as mentioned above.This study will discuss the application of restorative justice in terms of the integrated criminal justice system in Indonesia. This research is a descriptive normative legal analysis. The approach used is a statutory approach, conceptual approach, and the principles of law.Keywords: Restorative Justice, Integrated Criminal Justice System.]]>
<![CDATA[MODEL PENGELOLAAN SUMBER DAYA ALAM UNTUK SEBESARBESARNYA KEMAKMURAN RAKYAT ]]>
<![CDATA[Kuswandi Kuswandi]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 1, No 2 (2015): Published 30 Desember 2015 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v1i2.38
<![CDATA[Legal political management of Indonesia's natural resources is "the attitude and/or the attention of government/state of the management of natural resources in the form of policies as outlined in the Act and Regulation, where the rights of control by the state over natural resources as the primary basis and most fundamentally,its implementation by the state for the maximum kamakmuran people.Keywords: Economic Liberalization, Right to Control by the State, PublicWelfare.]]>
<![CDATA[POTENSI PENYELEWENGAN ALOKASI DANA DESA DI KAJI MENURUT PERATURAN MENTERI DALAM NEGERI NOMOR 37 TAHUN 2007 TENTANG PENGELOLAAN KEUANGAN DESA ]]>
<![CDATA[Yuyun Yulianah]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 1, No 2 (2015): Published 30 Desember 2015 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v1i2.43
<![CDATA[A lot of government aid which is allocated for village development is kind ofgovernment attention to rural areas. However, in this case the potency of Villagefinancial fraud is more likely to happen. It is not apart from the lack of thesupervision from district government officials on the funds flow process. In addition,which is also important is the human resources of government officials in the villageitself were generally weak. The amount of the Village Fund Allocation (ADD)received by the Head of Village is quite small and is not comparable with theresponsibility of the head of the village which is expected to organize villagedevelopment. Even worse, the ADD fraud culture by unscrupulous bureaucracy hascaused the fund received by the village was pretty small.Keywords: Regional Autonomy, Village Fund Allocation.]]>
<![CDATA[PUTUSAN MAHKAMAH KONSTITUSI TENTANG PEMILU SERENTAK DIHUBUNGKAN DENGAN PENCEGAHAN KORUPSI POLITIK ]]>
<![CDATA[Dedi Mulyadi]]>;
<![CDATA[M. Rendi Aridhayandi]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 1, No 2 (2015): Published 30 Desember 2015 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v1i2.39
<![CDATA[Given the importance of the elections in a democracy, the principle of keeping the elections in accordance Luber Jurdil, especially of political corruption. Then on January 23, 2014 the Constitutional Court passed a decision in a judicial review of Law No. 42 of 2008 on General Election of President and Vice President of the Constitution of the Republic of Indonesia Year 1945, by decision No. 14 / PUU-XI /2013 decided elections simultaneously at in 2019 and beyond. Concurrent elections is one of the prevention of political corruption. Political corruption is an act of power holders in order to take advantage of the power. For example: the financing of political parties, the purchase "ticket" or "boat" in local elections, as well as imaging and campaign costs. Constitutional Court decisions on the implementation of simultaneous elections in the year 2019 is one of the prevention of political corruption. The method used in this study using sociological juridical approach, specification of descriptive analysis. Identification of problems regarding (1) the background of the political corruption in the electoral operations, (2) the potential for problems in the implementation of elections simultaneously in 2019 can save and prevention of corruption of political, (3) attempts to resolve any potential problems in the elections simultaneously 2019 against the corruption of political purpose of this study is to know about the background of the political corruption, potential problems in the implementation of simultaneous elections and the efforts of its completion. The method used in this study is juridical sociological analysis with descriptive specification. The research result that the background of the political corruption is the ambition to achieve dynastic power, while the verdict was handed down too lightly, and the efforts made by the political financing system and raising the parliamentary threshold.Keywords : Political corruption, The Constitutional Court ruling, The elections simultaneously.]]>
<![CDATA[PENGHAPUSAN REMISI BAGI KORUPTOR DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN ]]>
<![CDATA[Hilman Nur]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 1, No 2 (2015): Published 30 Desember 2015 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v1i2.40
<![CDATA[Corruption in Indonesia has been categorized as an extraordinary crime (extraordinary crime) for devastating, not only the country's financial and economic potential of the country, but also has destroyed the pillars of socio-cultural, moral, political and legal order or national security. With the incredible title, then appeared the discourse for the removal of remission for corruption, so it is then reap the pro and contra among the people.As for the identification of the problem in writing this article the author limit as to whether the abolition of remissions for the corruptors is in conformity with the existing laws, or actually even contrary to human rights. The method used in this study using normative juridical approach, the research done by basing on literature data or secondary data. Based on these results, that the abolition of remission to criminals is not in accordance with the rules of the applicable legislation, especially Regulation No. 12 Year 1995 on Corrections, particularly clause 14 subsection (1) points i, which states that "Prisoners are entitled to a reduction in criminal past (remission)". Therefore, if the Government intends to provide a more powerful deterrent effect against criminal act of corruption, then the Government should first rule synergize legislation governing the granting remission to prisoners, so there is no overlapping policies.Keywords: Corruption, Remission, Objective Punishment.]]>
<![CDATA[KENDALA PENYELESAIAN SENGKETA KONSUMEN MELALUI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) ]]>
<![CDATA[Hesti Dwi Astuti]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 1, No 2 (2015): Published 30 Desember 2015 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v1i2.41
<![CDATA[Empowering costumers is a form of awareness on the specific characteristics in the world of costumers, the different interest among different parties which have various bargaining positions, has been given space in the field of costumer dispute settlement which is a good policy in empowering costumers. A special institution which has been appointed to resolve costumer disputes is the Costumer Dispute Settlement Agency (BPSK). Costumer Dispute Settlement Agency is an independent agency or institute, a public agency which has the duty and authority such as implementing the handling and settlement of disputes between costumers and businessmen. Based on the duties and authorities of BPSK, the costumer dispute settlement mechanisms should be registered to the nearest BPSK. The examination based on the request of the costumer is done just like proceedings in the General Court and the decision made by BPSK is final. However, during the implementation of their duties in settling costumer disputes, BPSK is facing some obstacles such as lack of technical guidance in regulating aspects related to procedural law, constrained by the human resources of BPSK members, the lack of understanding and awareness of costumers and also constrained by operating costs. Therefore, the improvement of the structure and legal culture needs to be done by socializing the costumer protection law to the public.Keywords : Costumer Dispute, Costumer Dispute Settlement Agency, Costumer Protection.]]>
