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.
Articles
160 Documents
<![CDATA[KEDUDUKAN HUKUM HAK ASUH DAN HAK WARIS ANAK YATIM PIATU YANG MASIH DI BAWAH UMUR ]]>
<![CDATA[Dedi Pahroji]]>;
<![CDATA[Puti Priyana]]>;
<![CDATA[Puspita Farahdillah]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 8, No 2 (2022): Published 30 Desember 2022 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v8i2.2554
<![CDATA[An orphan needs special handling because there is a need for a guardian to protect and take care of their interests, including managing the inheritance of their parents. This often causes many problems regarding the distribution of inheritance rights for the child because the child is not yet capable of carrying out legal actions. The writing aims to find out and examine the position of custody of orphans who are underage, the inheritance of orphans who are underage and the judge's consideration of the custody of orphans who are underage based on the case decision Number 3315/Pdt.G/2021 /PA.JB. The research method used in this paper uses normative juridical which is carried out by examining secondary data consisting of primary, secondary and tertiary legal materials. The data collection technique is done by means of literature study. Based on the research and the results obtained are that the custody of a child who is underage under Islamic law falls to the mother or the mother's family. The inheritance part of an orphan who has a kinship relationship with his parents is included in the ashabah group which is obtained after the inheritance is calculated from the remaining inheritance of the other heirs. The decision of the case Number 3315/Pdt.G/2021/PA.JB that the judge granted the entire claim of the plaintiffs.Keywords: Orphans, Custody, Inheritance Rights.]]>
<![CDATA[POLITIK UANG DALAM KERANGKA DEMOKRASI DAN PROBLEMATIKA PENEGAKAN HUKUMNYA ]]>
<![CDATA[Budi Heryanto]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 9, No 2 (2023): Published 30 Desember 2023 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v9i2.3994
<![CDATA[The practice of Politics Money is a violation in the administration of elections. In these elections not only for the president and vice presidential elections but also for members of the legislature at all levels. The practice of money politics also often occurs, especially in the area of Sukabumi Regency. The identification of this problem is to find out the background of money politics criminal acts in the 2019 Legislative Election in Sukabumi District, Enforcement of Money Political Crimes in the 2019 Legislative Election by the Sukabumi Regency Election Supervisory Board and the Gakkumdu Center Authority in Handling Money Political Crimes in 2019 Legislative Election in 2019 in Sukabumi Regency Law Number 7 of 2017 Regarding General Elections. The method used in research is normative jurisdiction that is to find and examine the laws and regulations that are relevant to research and also derived from library materials. Keywords: Money Politics; Bawaslu; Sentra Gakkumdu.]]>
<![CDATA[KORBAN TINDAK PIDANA PEMERKOSAAN DALAM PERSPEKTIF VIKTIMOLOGI ]]>
<![CDATA[Budi Heryanto, dkk]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 6, No 1 (2020): Published 30 Juni 2020 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v6i1.1094
<![CDATA[The crime of rape is a serious threat to women by criminals that cause unrest in society. It is not uncommon for minors to become victims of the crime of rape. Women who should receive protection from all forms of threats have not yet materialized in practice. Indonesian positive law is more focused on the perpetrators of criminal acts than on victims. Many other regulations on the handling of crimes since investigation, investigation, prosecution, pretrial and law enforcement, witnesses, and victims have received little attention. The impact that is difficult to cure for rape victims in the form of mental and psychological illnesses is a concern for rape victims. It is not uncommon for crimes related to women to be left untouched by law enforcement. The reasons why crimes against women can occur and why many rape cases are not legally resolved will be discussed in this study. Keywords : Victims, Rape, Crime, Victimology]]>
<![CDATA[PERTANGGUNGJAWABAN HUKUM PENYELENGGARA SECURITIES CROWDFUNDING TERHADAP PEMODAL EFEK BERSIFAT UTANG ATAU SUKUK ]]>
<![CDATA[Indramayu Indramayu]]>;
<![CDATA[Yeni Salma Barlinti]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 8, No 1 (2022): Published 30 Juni 2022 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v8i1.2075
<![CDATA[Technological developments have encouraged the creation of Securities Crowdfunding (SCF) in Indonesia predicted to continue to grow. In contrast to Equity Crowdfunding, Securities that can be offered in SCF can be in the form of Debt Securities or Sukuk (EBUS). The broker's performance as the power of attorney of an EBUS Investor can determine the success of the EBUS investment. What is the legal relationship between Debt Investor and broker? and what are the legal liability of broker as the Investor’s power of attorney? are the research questions. This research used a doctrinal research with qualitative data analysis. The results showed that the legal relationship between the broker and the EBUS Investor is contractual and legal relationship, in addition to the legal liability that can be requested to broker is contractual liability and tort law. So, if the broker has neglected to do its responsibilities and it causes the EBUS Investor to suffer losses, then the EBUS Investor can sue the broker for a default or a tort law. The Financial Services Authority needs to socialize the concept of broker’s responsibilities and oversee the implementation of the OJK regulation number 57 of 2020 to provide protection to EBUS investors. Keywords : Legal Liability, Securities Crowdfunding, EBUS, Broker and Investors.]]>
<![CDATA[PROBLEMATIKA VISA IZIN TINGGAL KUNJUNGAN LEWAT BATAS WAKTU (OVERSTAY) PADA WARGA NEGARA ASING (WNA): SUATU TINJAUAN KEBIJAKAN HUKUM PIDANA ]]>
<![CDATA[Jhonsen Marudut]]>;
<![CDATA[Indra Yudha Koswara]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 9, No 2 (2023): Published 30 Desember 2023 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v9i2.3953
<![CDATA[Criminal law policy according to Criminal law policy regarding crime and punishment is an important part of criminal law reform, and is even seen as an indicator of the progress of a nation. The current Criminal Code, a legacy of the Netherlands, is still heavily influenced by the classical school and places imprisonment as the prima donna. The result is a high rate of imprisonment, as well as an impact on excess capacity in correctional institutions, as well as problems with funding and training for prisoners. Stay permits are issued or issued by the Immigration Office, which is an institution that regulates issues regarding the movement of foreigners into the territory of the Republic of Indonesia which is implemented based on selective policy. This research aims to examine how criminal law policies can resolve criminal acts regarding misuse of visas for visiting stay permits beyond the deadline (overstay) among foreign nationals and how the immigration authorities enforce the law against these criminal acts. The research results show that the Criminal Law Policy aims to protect the community to achieve community welfare, so in terms of legal response to overstaying, this is translated into the principle of subsidiarity in criminal law, namely prioritizing the principle of ultimum remedium in lawcriminal, then administrative resolution is a more appropriate policy and regarding targets and action against Overstay must be in accordance with Law Number 6 of 2011 concerning Immigration and Presidential Regulation Number 21 of 2016 concerning Free Visitor Visas, by means of supervisioncompleteness of administrative procedures for residence permits for visits by foreigners, and taking administrative action against those who violate residence permits by charging foreigners to pay fees and repatriation to their country of origin Keywords: Criminal Policy; Expired Time Limit; Ultimum Remedium.]]>
<![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[ANALISIS TENTANG PENDIDIKAN DAN PELATIHAN TERHADAP PENINGKATAN KOMPETENSI PEGAWAI NEGERI SIPIL DALAM MENGHADAPI MASYARAKAT EKONOMI ASEAN (MEA) ]]>
<![CDATA[Tanti Kirana Utami]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 2, No 1 (2016): Published 20 Juni 2016 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v2i1.567
<![CDATA[Asean Economic Community (AEC) / AEC (Asean Economic Community) in 2015 is a program that has long been prepared all members of ASEAN which aims to improve the economic stability in the ASEAN region and form the economic area among ASEAN countries is strong. One important aspect that needs to be prepared quickly this nation is the human resources competent civil servants . The program to improve the competence of employees is done through education and training programs training. Education and training of personnel contributed to the increase in productivity , efektitas and organizational efficiency . Keywords: Competency Enhancement, Civil Servants, the Asean Economic Community.]]>
<![CDATA[TINDAKAN PENCEMARAN NAMA BAIK DAN PENGHINAAN MELALUI MEDIA ELEKTRONIK ]]>
<![CDATA[Rusman Rusman]]>;
<![CDATA[Fauziyyah Mutmainah S]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 7, No 2 (2021): Published 30 Desember 2021 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v7i2.2125
<![CDATA[The development of technology and information has changed human lifestyles, including through technology and information facilities, humans can also access, provide information and carry out acts of defamation among human beings. As a nation that upholds human dignity and dignity, acts of defamation through technological means are included in the category of criminal acts and perpetrators of defamation have entered the legal area regulated by Law (UU) No. 19 of 2016 Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions, namely the internet as a medium for carrying out their actions. Perpetrators can be legally processed even if there is no complaint from the victim, but by referring to the Criminal Code as intended by the Law on Information and Electronic Transactions, the offense turns into a complaint offense (klacht delic) which requires the victim to make a complaint to the authorities.Keywords: Complaints, Dignity, Humiliation, Criminal, Sanctions.]]>
<![CDATA[PENGUATAN INSTRUMEN PERLINDUNGAN HAM DALAM PEMBAHARUAN KUHAP UNTUK MEWUJUDKAN CITA NEGARA HUKUM ]]>
<![CDATA[Bambang Santoso]]>;
<![CDATA[Muhammad Rustamaji]]>;
<![CDATA[Itok Dwi Kurniawan]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 9, No 1 (2023): Published 30 Juni 2023 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v9i1.3337
<![CDATA[According to the 1945 Constitution, Indonesia is a state of law. Law violation must be prosecuted according to the rules of applicable law. Violation of criminal law, its enforcement through criminal procedural procedures. Criminal Procedure Code needs to be updated because of its many weaknesses. Criminal Procedure Code reform must guarantee the achievement of the ideals of a rule of law state. This study aims to reveal a model for strengthening human rights protection instruments in the reform of the Criminal Procedure Code. This research is a normative study using secondary data, in the form of primary, secondary and tertiary materials. Data collection techniques with library research. The analysis was carried out prescriptively with the deduction method. The results show that in the reform of the Criminal Procedure Code the instrument for protecting human rights is strengthened because Indonesia has ratified several international conventions, including the Covenant on Civil and Political Rights (ICCPR). The Criminal Procedure Code must comply with several ICCPR provisions, including regarding detention by investigators as short as possible and immediately brought before the judge, stipulating the right to remain silent as an embodiment of the principle of non-self-incrimination. Keywords: Criminal Procedure Code Reform, Human Rights Protection, Rule of Law.]]>
<![CDATA[KEJAHATAN AKUNTANSI DALAM KAITANNYA DENGAN UNDANG-UNDANG NOMOR 5 TAHUN 2011 TENTANG AKUNTAN PUBLIK ]]>
<![CDATA[Herman Fikri]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 2, No 2 (2016): Published 30 Desember 2016 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v2i2.34
<![CDATA[A Certified Public Accountant has an important role in improving the quality and credibility of financial information or financial report of an entity. A public accountant has task in carrying out public confidence to provide an opinion on the financial statements of an entity. Thus, the responsibility of A Public Accountant lies on their opinion or statement on financial information of an entity, while the presentment of report or financial information is the managerial responsibility.Frequently, the accounting scandals are influence by politics and business, which appeared by the disclosure of misdeeds executives of public companies. This crime typically involve complex methods for misusing funds or misleading, exaggerating revenue, reducing cost, overstating the value of corporate assets or reducing the amount of obligations, sometimes they are working with the officials in other companies or affiliates. By referring the meaning of accounting scandals above, accounting crimes tend to be fraudulent statement (fraud whose regarding to the presentation of financial statements).Keywords: Accounting Scandals, Crimes, Companies, Politics, and Public.]]>
