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[PERAN KEPALA DESA TERHADAP PERLINDUNGAN BAGI PENGGARAP DALAM SISTEM BAGI HASIL PERTANIAN DI DESA ]]>
<![CDATA[Anita Kamilah]]>;
<![CDATA[M Rendi Aridhayandi]]>;
<![CDATA[Safa Naadiyah Nurwidad]]>
<![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.v9i1.3878
<![CDATA[The regulation regarding production sharing agreements in Indonesia has been regulated based on Law Number 2 of 1960 concerning Revenue Sharing Agreements, the profit sharing agreements that occurred in the Nagrak Village Area, Cianjur District, Cianjur Regency, the arrangement still uses the arrangement of profit sharing agreements according to local customary law. The role of the Village Head in this case is very necessary so that there is no dispute between the two parties in the implementation of the agricultural land production sharing agreement. As for the identification of the problem in this research, namely, whether the production sharing system for agricultural land in Nagrak Village, Cianjur District, Cianjur Regency has complied with the provisions of Law Number 2 of 1960 concerning Production Sharing Agreements? in Nagrak Village, Cianjur District, Cianjur Regency?, and what steps did the Head of Nagrak Village, Cianjur District, Cianjur Regency take in resolving the obstacles faced by farmers and cultivators in the agreement for agricultural land yields?. This research uses a normative juridical approach, which examines juridical data on the application of agricultural land production sharing agreement regulations. It is concluded that the regulation regarding production sharing agreements for agricultural land in Indonesia is still using Law Number 2 of 1960 concerning Production Sharing Agreements. The form of the agreement is made in writing before the Village Head and ratified by the Camat, but in practice Law Number 2 of 1960 concerning Profit Sharing Agreements is still not effective this is due to the ignorance of the local community with the existence of Law Number 2 of 1960 concerning Agreements Profit sharing.Keywords: Profit Sharing Agreement, Role of Village Head, Agricultural Land.]]>
<![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[INNOVATION FUNGSI PERGURUAN TINGGI DITENGAH PUSARAN PEMILIHAN KEPALA DAERAH TAHUN 2018 ]]>
<![CDATA[Dedi Mulyadi]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 4, No 2 (2018): Published 31 Desember 2018 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v4i2.495
<![CDATA[The function of higher education as a learning forum for students and the community, a forum for the education of prospective leaders of the nation, as a center for the development of science and technology, as a center for policy studies and moral power tp find and discover national development centers. Progress of a nation’s civilization. Specifically in the context of local democracy in the election of regional heads (PILKADA) of provinces/cities in 2018 as part of the implementation of local democracy.Based on this, to facilitate the limitation in making this paper, the identification of the problem consists of: How is the role of higher education in the implementation of the 2018 election? Thus the tertiary institution must be able to take part in correcting the problem of regulation, the system of administration and the quality of human resource needed in a local political contest or the Regional Election Committe, especially the 2018 regional election. Keywords: Democracy; Local Democracy; Regional Head Elections; Political     Contestation.]]>
<![CDATA[TINJAUAN HUKUM TERHADAP PENETAPAN KELOMPOK KRIMINAL BERSENJATA (KKB) PAPUA SEBAGAI KELOMPOK TERORIS DALAM PERSPEKTIF HUKUM PIDANA NASIONAL ]]>
<![CDATA[Surya Mukti Pratama]]>;
<![CDATA[Muhammad Hafiz]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 7, No 1 (2021): Published 30 Juni 2021 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v7i1.1454
<![CDATA[The escalation of conflict in Papua due to the actions of the Papua Armed Criminal Group (KKB), which is a pro-independence group for the land of Papua, has pushed the government to take firmer action by establishing the KKB as a theoretical group. Of course this brings pros and cons in various circles. This research is intended to examine whether the determination of the KKB as a terrorism group is objective and appropriate according to the criminal law, especially when examined from the Terrorism Law. The research method uses the normative juridical method. Based on the research results, it is known that the government has rightly designated the KKB as a terrorism group because the actions carried out by the KKB indicate the fulfillment of the elements of the offense of terrorism in the Terrorism Law. Furthermore, the government can enforce criminal law against KKB according to the Terrorism Law through authorized institutions as in the Integrated Criminal Justice System. In addition, the TNI can also be involved on a limited basis in the title of the Military Operation Other Than War (OMSP) pattern.Keywords: Criminal, Government, KKB papua, Terrorism.]]>
<![CDATA[PERSPEKTIF PENGEMBANGAN ANALISIS PENDEKATAN STRUKTUR DALAM PERJANJIAN PENETAPAN HARGA ]]>
<![CDATA[Azizah Azizah]]>
<![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.v9i1.2679
<![CDATA[Pendekatan struktur atau analisis struktur atau analisis kekuatan pasar merupakan suatu pendekatan struktur pasar atau analisis struktur pasar yang memiliki ciri-ciri strategis dan berkaitan erat dengan perilaku pasar dan kinerja pasar. Analisis  struktur pasar dapat dijadikan alternatif analisis tambahan (Peraturan Komisi Pengawas Persaingan Usaha/KPPU, Nomor 4 Tahun 2011), yang dapat digunakan oleh Komisi untuk mengambil keputusan terhadap pelaku usaha yang melanggar ketentuan Pasal 5 undang-undang nomor 5 Tahun 1999 mengenai perjanjian penetapan harga. Dalam ius constituendum, hendaknya analisis ini dapat dijadikan alternatif utama bagi KPPU, sehingga akan meminimalisir putusan yang ditolak di tingkat Pengadilan negeri maupun mahkamah agung.]]>
<![CDATA[PENEGAKAN HUKUM TINDAK PIDANA POLITIK UANG PEMILIHAN UMUM LEGISLATIF PADA MASA KAMPANYE DI KABUPATEN SERANG ]]>
<![CDATA[Asnawi Asnawi]]>
<![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.v2i2.30
<![CDATA[Regarding to the democracy as the people's sovereignty, the general election of 2014 was held by the aim to select a representative. The aim of this study is to determine whether there is criminal offense of money politics in Serang district during the legislative electoral campaign according to the regulation no. 8 of 2012 on the General Election of DPR, DPD and DPRD. This research was conducted by using juridical empirical approach directly to the committee electoral supervisor of Serang District as the result of violations that was reported by the committee electoral supervisors during campaigns, involving children under the age and money politics, but in fact most of the violations are money politics. Modes of money politics violation that committed by legislative candidates in Serang are (1) Direct money politics in the form of cash or stuffs by legislative candidates or successful teams; (2) Indirect money politics in form of distributing foods such as rice, noodles, vegetable oil, eggs and others; promising grants for a group or individual. The identification of the problem are 1) How the law enforcement against criminal acts of money politics fulfills the legal certainty? 2) What types and forms of acts that can be qualified as criminalization of money politics during the campaign? In fact, to prove money politics cases in Serang is difficult, because of insufficient evidence, political constraints of money politics violations in general election of law enforcement in Serang, electoral supervisor having trouble in finding evidence of violations of electoral money politics and lack of attention from environment, the need for political education, and encouragement and fair of law enforcement officers.Keywords: General Election, Money Politics, Criminalism, Law Enforcement.]]>
<![CDATA[TRANSFORMASI NILAI-NILAI PANCASILA DALAM PEMBAHARUAN HUKUM PIDANA NASIONAL ]]>
<![CDATA[Ade Mahmud]]>
<![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.v4i1.352
<![CDATA[The condition of the national criminal law as a legacy of the Dutch Colonial is deemed inconsistent with Pancasila values so that the effort to reform the criminal law (KUHP) continues to be voiced through the re-formulation of criminal law policy. The results (1) Renewal of national criminal law based on mission (a) Decolonization through "recodification" (b) Democratization of criminal law (c) Consolidation of criminal law to avoid conflict of norms (antinomy normen) (d) Adaptation and harmonization of criminal law with the development of criminal law science. (2) The transformation of idea / paradigm / value of Pancasila in the RKUHP can be pursued through a penal reform strategy that requires (a) Identification of problems in the form of old norms that are considered inconsistent with the social condition of the community. (b)Â the basis / value that lies behind the old chapter (ide / paradigm of individualism / liberalism) and change / replace it by applying the idea / paradigm / value of Pancasila in the new draft formulation of the article. (c) Transform the values of Pancasila into the formulation of a new chapter and revoke the formula / value paradigm of value contained in the old chapter.Keywords: Transformation, Pancasila, Criminal Law Update.]]>
<![CDATA[DAMPAK PENANAMAN SERAI WANGI TERHADAP LINGKUNGAN DIHUBUNGKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (STUDI KASUS DI KECAMATAN SUKANAGARA) ]]>
<![CDATA[Sarah Pasha Fadilla]]>;
<![CDATA[Hesti Dwi Astuti]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 5, No 2 (2019): Published 30 Desember 2019 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v5i2.1109
<![CDATA[Environmental problems are increasingly prominent and complex issues in line with the increasingly intensive human intervention on the environment. Aware that human activities in the context of meeting their needs can have an impact on their environment, humans strive to carry out environmental management. Planting lemongrass in the district of Sukanagara turned out to harm the environment such as drought, landslides and floods, nutrient-poor. The results showed that some people considered that the planting of lemongrass was not so damaging to the environment. Hence, it lacked a sense of care for the surrounding environment resulting in environmental damage. The efforts that can be carried out are as follows: Planting system, with horticulture planting patterns, Planted in the form of terracing or swales, by intercropping, evaluating soil fertility.Keywords: Citronella Planting; Environmental protection; management.]]>
<![CDATA[PERTANGGUNGJAWABAN PROFESI PERAWAT TERHADAP KETERLAMBATAN PENANGANAN PASIEN ]]>
<![CDATA[L Alfies Sihombing]]>;
<![CDATA[Yeni Nuraeni]]>;
<![CDATA[Wiwin Triyunarti]]>
<![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.v8i2.2929
<![CDATA[Nursing services as a form of professional service and are an integral part of nursing service. Nursing personnel is one of the most important health workers in helping doctors to carry out medical actions. Nurses must carry out nursing care which includes assessment, determination of nursing diagnoses, planning, carrying out nursing actions, and evaluation of care. Nurses in their daily duties deal directly with other medical personnel and the patients they treat. There are demands to serve health responsibly and apply treatment according to the procedures and education they receive. Nursing practice sometimes encounters problems, one of which is delays in handling patients. The nurse's actions are sometimes without the delegation of authority from the doctors and nurses do it based on their experience. Nurses have the authority, namely that a nurse has competence in carrying out professional nursing care to patients, but not taking certain medical actions. Certain medical actions are collaborative activities between doctors and other health workersKeywords: Nursing, Nurse action, Medical action.]]>
<![CDATA[Pemenuhan Hak Pesangon Pekerja Akibat Pemutusan Hubungan Kerja dalam Kepailitan Perusahaan Perspektif Pancasila ]]>
<![CDATA[Nopianti, Wike]]>;
<![CDATA[Santoso, Imam Budi]]>;
<![CDATA[Abas, Muhamad]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 10, No 1 (2024): Published Juni 2024 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
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DOI: 10.35194/jhmj.v10i1.4061
<![CDATA[AbstrakHubungan Industrial Pancasila mengacu pada konsep hukum ketenagakerjaan Indonesia yang sarat dengan nilai-nilai Pancasila. Redundansi berarti PHK antara pegawai atau karyawan dengan perusahaan atau kontraktor. Uraian singkat kasus yang penulis lakukan yaitu pemecatan karyawan Garden Palace Hotel Surabaya karena perusahaan dinyatakan pailit oleh Pengadilan Niaga Surabaya, karena buruknya keadaan keuangan perusahaan sehingga tercapai efisiensi. Karyawan yang terkena PHK berhak mendapatkan uang pesangon secara mencicil. Disepakati pada 29 Maret 2021. Namun hasilnya tidak sesuai dengan kesepakatan berdasarkan asas Pancasila bahwa pelaksanaan hak-hak agregat diatur dengan undang-undang. peraturan pemerintah dan kontrak kerja. Dalam putusan tersebut, penulis berkesimpulan bahwa dalam hal ini majelis hakim telah mematuhi Pasal 165 UU No 13/2003 , dimana hak pemberhentian pegawai apabila perusahaan bangkrut adalah: 2x PHK + 1x panjang. biaya layanan + hak pesangon.AbstractPancasila Industrial Relations refers to the concept of Indonesian labor law which is full of Pancasila values. Redundancy means termination of employment between an employee or employees and the company or contractor. A brief description of the case that the author did, namely the dismissal of Garden Palace Hotel Surabaya employees because the company was declared bankrupt by the Surabaya Commercial Court, due to the poor financial condition of the company so that efficiency was achieved. Employees who are dismissed are entitled to severance pay in installments. It was agreed on March 29, 2021. However, the result is not in accordance with the agreement based on the principle of Pancasila that the implementation of aggregate rights is regulated by law. government regulations and employment contracts. In this decision, the author concludes that in this case the panel of judges has complied with Article 165 of Law Number 13 Year 2003, where the right to dismiss employees if the company goes bankrupt is: 2x layoff + 1x long. service fee + severance pay rights.]]>
