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[KONFIGURASI POLITIK DAN KARAKTER HUKUM DALAM PERUMUSAN PERJANJIAN KERJA PERORANGAN DAN PERJANJIAN KERJA BERSAMA ]]>
<![CDATA[Ahmad Hunaeni Zulkarnaen]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 4, No 1 (2018): Published 30 Juni 2018 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v4i1.369
<![CDATA[The creation of employment and strive through the clarity of the rights and obligations of the parties (worker/workers and employers), to clarify the rights and obligations of the parties in industrial relations, both regarding the rights and obligations are the norms of work (Labour Legislation) as well as the nature of Work Terms (Terms of Employment), need a means of industrial relations in the form of Individual Work Agreements (PKP) who apply individually and joint work Agreement (PKB) who collectively apply. The problem examined concerns the political configuration of the legitimately in the manufacture of PKP and PKB. Research methods in this study using a descriptive analytical. The research results obtained that the making of PKP applies should be qualified legitimately an agreement as provided for in article paragraph (1) 1320 s. d subsection (4) the book of the law of civil law (KUHPerdata), and specifically the process of formulation of the PKB should match the concept of the Welvaartsstaat with the character of the legal product PKB responsive/populistik.Keywords: Political Configuration, Individual Work Agreements, Joint Work Agreement.]]>
<![CDATA[STATUS AGAMA DALAM KEHIDUPAN PUBLIK PERSPEKTIF HAM INTERNASIONAL ]]>
<![CDATA[Yudi Junadi]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 6, No 2 (2020): Published 30 Desember 2020 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v6i2.1361
<![CDATA[Along with the rise of religious claims as one of the solid foundations for the grounding of Human Rights (HAM), the problems confronting humanity in relation to the presence of religion, in the contemporary era tend to escalate. The current wave of globalization has not only marginalized but rather provided an opportunity for the birth of various religious transnational movements that had not been predicted before. The conception of the modern state adopted by the West which was later referred to as a model for the construction of the state in various other parts of the world, was founded on the basis of secular values that transcended traditional solidarity, among which were national equality. Apart from the black stain that has been inscribed in history, especially in the field of freedom of thought, religion at this time can be said to have a positive contribution as a source of aspiration for the parties that are suppressed. Keywords : Globalization, Freedom of Religion, International Law, Human Rights.]]>
<![CDATA[MELINDUNGI ANAK KORBAN BULLYING DI SEKOLAH (SUATU KAJIAN PEMBAHARUAN HUKUM PIDANA) ]]>
<![CDATA[Bachtiar Hilmi]]>;
<![CDATA[Rena Yulia]]>;
<![CDATA[M. Noor Fajar Al Arif]]>
<![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.v8i2.2716
<![CDATA[Various cases of children who are victims of bullying continue to occur, especially in schools. Children who are victims of bullying suffer psychological harm that causes prolonged trauma and even threatens their lives. Therefore it is important to examine the protection of children who are victims of bullying in schools with a victimological perspective as an effort to reform criminal law. The purpose of this research is to protect children who are victims of bullying by formulating it in legal regulations as a renewal of criminal law. The research method used a normative juridical approach, secondary data sources and literature study data collection techniques. The data were analyzed using a qualitative descriptive method. The results of the study indicate that future criminal law formulations to tackle bullying in schools in the perspective of criminal law renewal are to make special and specific rules related to the crime of bullying both physically and psychologically towards children at school. The stages that can be carried out to be able to overcome bullying cases in the future are First, the formulative policy stage or the legislative policy stage, namely the stage of preparing/formulating criminal law. The second stage, the application policy stage or the judicial/applicative policy stage, is the stage of applying criminal law. And the third stage, the execution policy stage or the executive policy stage, namely the implementation/execution stage of criminal law.Keywords : Legal Protection, Bullying Victims, and Criminal Law Renewal.]]>
<![CDATA[PRINSIP, ASAS DAN KAIDAH HUKUM WARIS ISLAM ADIL GENDER ]]>
<![CDATA[Walim Walim]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 3, No 1 (2017): Published 27 Juni 2017 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v3i1.9
<![CDATA[Theoretically, the Islamic inheritance law can be seen from different point of view basedon its object of law related to the division of property that has more dimension on civillaw and more closely within muamalah Fiqh as the scope of the study and related tointerpersonal law. Based on the writer's point of view, it is closer to the muamalahstudy which opens the possibility of ijtihad so that, Islamic law can be adapted in everyperiod of time. The problem of inheritance division assumed the concept of 'tribalism'and Islam comes to deconstruct the "tribalism" with the fundamental religion by theegalitarianism spirit to state woman as an autonomous and dignified personal and hasvalues. The portion of the man’s share who gets twice of the girl's actually is the maximum share (had al-aqsa) which should not exceed the maximum share of thesection, as well as the prohibition of giving a share of less than half of the male portionfor the girl. Allah’s Hudud in the form of legal limitation indicates the necessity ofequal sharing between men and women. So, the equality is the existence of the harmonyfrom the maximum share for men to the minimum share of women as the boundariesthat have been created by God.Keywords: Islamic Inheritance; Distributional Inheritance; Gender; Fiqh Muamalah;Equality.]]>
<![CDATA[PENERAPAN CORPORATE SOCIAL RESPONSIBILITY PERUSAHAAN DITINJAU DARI TEORI KESEJAHTERAAN SOSIAL DAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS ]]>
<![CDATA[Budiman Budiman]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 5, No 1 (2019): Published 30 Juni 2019 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v5i1.1104
<![CDATA[Corporate Social Responsibility is the commitment and effort of a business entity to play a role in the implementation of social welfare. As one of the company's obligations, CSR can certainly help local governments to alleviate poverty problems in an area where a company is founded. The problem is that the Company's Corporate Social Responsibility obligations in terms of Social Welfare Theory and Law Number 40 of 2007 concerning Companies and the Implementation of Corporate Social Responsibility in the Company are linked to Social Welfare theory. The research method used by the author is by using a normative juridical approach where the main data used is secondary data, namely reference books, laws and regulations, articles, papers, etc. The results of this study are that in terms of corporate responsibility it cannot be fully carried out due to the regulations related to the implementation of the CSR program there are still legal voids and the sanctions imposed are unclear, so this affects the implementation of CSR (Corporate Social Responsibility) companies that are appropriate with what is regulated in Law Number 40 of 2007 concerning Limited Liability Companies but in terms of its implementation, it cannot be said that it has not been maximal for all companies in Karawang Regency in implementing the Corporate Social Responsibility program.Keywords: Corporate Social Responsibility; Company; Social Welfare.]]>
<![CDATA[KEPAILITAN PT. TOZI SENTOSA AKIBAT PANDEMI COVID-19 ]]>
<![CDATA[Makmur Makmur]]>
<![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.v8i1.2792
<![CDATA[Activity restrictions due to the Covid-19 pandemic have affected economic activity nationally. Restrictions on community activities affect business activities which then have an impact on the economy. The economic impact during the covid period will only be covered if the crisis can be ended before causing mass business bankruptcy. Indonesia's global economy is experiencing uncertainty and is leading to an economic recession due to the Covid-19 pandemic. However, currently there are several business activities that have been declared bankrupt due to the Covid19 pandemic. One of the companies that experienced bankruptcy during the Covid-19 pandemic was the retail company Centro Department Store. Keywords: Bankruptcy; Business; Economy; Law; Pandemic.]]>
<![CDATA[NATIONAL SECURITY STRATEGY IN THE FIELD OF CYBER AND CRYPTOGRAPHY THROUGH ELECTRONIC CERTIFICATION SERVICES ]]>
<![CDATA[Agung Arafat Saputra]]>;
<![CDATA[Oksidelfa Yanto]]>
<![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.v9i2.3981
<![CDATA[The rise of cybercrime has caused the public to worry about criminal acts of theft and falsification of personal data in electronic form. Therefore, the government is obliged to provide protection to the public from all forms of disturbances caused by misuse of information technology and digital transactions. Based on this, this research aims to find out and understand what are the obstacles for BSRE as an agency providing electronic certificate management services which cannot provide services in general. Then, does BSRE's authority to provide general electronic certificate services to the public conflict with statutory regulations? The method used in preparing this research is the Normative Law research method with the data source, namely secondary data collected through literature study. The research results show that the obstacle for BSrE as an agency providing electronic certificate management services is that it cannot provide services in general because it is still separated by agency and non-agency provisions which limit the scope of BSrE in providing electronic certificate services to the public/general public. Furthermore, BSrE as an electronic Certification Organizer only serves the public as Indonesian citizens who have the status of government or agency employees. Keywords: Security Strategy; Certification; Electronics.]]>
<![CDATA[KEBIJAKAN PEMERINTAH MENGENAI PENANGANAN ANAK PELAKU TINDAK PIDANA NARKOBA (STUDI KASUS DI PROVINSI DKI JAKARTA) ]]>
<![CDATA[Oksimana Darmawan]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 3, No 2 (2017): Published 30 Desember 2017 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v3i2.256
<![CDATA[This study is based on the number of cases of children dealing with the law concerning drug abuse. In the concept of human rights, the government including law enforcement officials are required to provide protection concerning the best interests of children, especially child rehabilitation, but on the other hand, there are a number of regulations governing the criminal misuse of narcotics. The research problem is how to arrange children of the perpetrators of criminal acts of drug abuse, and how the rehabilitation policy is given to the child of the perpetrators of the act of drug misuse. The research method used the qualitative approach to a case study. The results of the study show that the Narcotics Act implies that the child is not old enough to be positioned as a victim, since drug abuse is caused by an older person (adult), while the criminal arrangement for children is in the Criminal Justice System Act; the lack of a common perception among law enforcement officials, in relation to medical or social rehabilitation or imprisonment for children; the recommendations of an integrated assessment team (IAT) are often excluded from the investigator; corrections bureau is often excluded from making IAT. The advice given is the need to strengthen the synergy of law enforcement officers, especially related to the role of corrections bureau in the IAT. Keywords: Children, Drugs, Rehab, Law Enforcement, and Integrated Assessment Team (TAT).]]>
<![CDATA[PELAKSANAAN DISKRESI APARATUR SIPIL NEGARA DALAM RANGKA PENEGAKAN HUKUM ]]>
<![CDATA[Rossi Suparman]]>
<![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.v6i1.786
<![CDATA[Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.]]>
<![CDATA[KAJIAN YURIDIS MENGENAI UPAYA HUKUM DAN AKIBAT HUKUM TERHADAP PENETAPAN TERSANGKA TANPA BUKTI YANG CUKUP ]]>
<![CDATA[Akbar Sanjaya]]>
<![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.v8i1.2457
<![CDATA[Investigations are carried out by the Police in order to collect evidence of a criminal act, with the aim of finding the suspect. To prevent the suspect from escaping, the investigation is accompanied by coercive measures such as arrest and detention. The determination of the suspect violates the human rights of the reported party, for this reason, investigators are required to first collect two pieces of evidence, but what happens if the reported party is designated as a suspect without sufficient evidence. This research was conducted to find out the legal remedies that can be taken by the reported party if the police determine the reported party as a suspect without attaching sufficient evidence, and what the legal consequences will be for the complainant if the report is not proven. The type of research used is normative law by collecting legal materials in the form of file studies or reference books, articles, documents. the type of research used is normative legal research, so the approach used is the legal approach, the concept approach. The writing of this study uses primary, secondary and tertiary legal materials, the results of the study show that legal remedies that can be taken by the reported party are in the form of summoning expert witnesses when the case is held or pre-trial, this is based on positive law as a form of legal protection for the reported party written in the Act. -Law No. 8 of 1981, Regulation of the Chief of Police of the Republic of Indonesia No. 14 2012.Keywords: Confirmation of Suspect, Investigation, Legal Action]]>
