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[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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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[KONSEP KEPENTINGAN UMUM DALAM PENGADAAN TANAH DIHUBUNGKAN DENGAN KEPASTIAN HUKUM ]]>
<![CDATA[RR. Meiti Asmorowati]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 6, No 1 (2020): Published 30 Juni 2020 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35194/jhmj.v6i1.1014
<![CDATA[The debate arises regarding the meaning of the concept of public interest. The concept of public interest changes, not the same/different so it is not clear, not firm and not standard, both in regulations, in the opinion of experts, in court decisions, and the implementation of land acquisition. As a result of the concept of public interest is interpreted differently, namely interpreted in the interests of the private, business (commercial) and financiers to seek maximum profits. The research approach used is juridical normative, with the nature of descriptive-analytical research. The research source uses secondary data consisting of primary, secondary, and tertiary legal materials. The results of the first research are the concept of public interest in land acquisition, that the concept of public interest is regulated in several laws and regulations, in the opinion of experts, court decisions, and implementation of non-standard land acquisition. The concept of public interest in Article 1 Number (6) of Law No. 2 of 2012 is not clear. For this reason, the concept of public interest is made standard so that it is not interpreted differently, that is, interpreted for business purposes in the context of seeking profit. If interpreted for business purposes, it is not useful for everyone, including the community and the state. The results of the research of the two concepts of public interest in the land acquisition are related to legal certainty, that the concept of public interest is regulated in several laws and regulations, in the opinion of experts, court decisions, and the implementation of non-standard land acquisition, then there is no legal certainty. The concept of public interest in Article 1 Number (6) of Law No. 2 of 2012 is unclear which ultimately does not provide legal certainty. The meaning of legal certainty is order, what is allowed, and what is not allowed. To guarantee legal certainty, the concept of public interest in the article is added to the element of public interest that is not for business purposes, so that the article is in the interest of the nation, state, and society as much as possible for the prosperity of the people and not for business. Keywords : Public Interest, Land Acquisition, Benefit Principle.]]>
<![CDATA[URGENSI DAN SISTEM PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU TINDAK PIDANA KORUPSI ]]>
<![CDATA[Ade Mahmud]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 8, No 1 (2022): Published 30 Juni 2022 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35194/jhmj.v8i1.2085
<![CDATA[The issue of criminal liability for corporations continues to be a concern for academics, practitioners and the business world because it always invites problems about who should be responsible for acts of corruption involving corporations. This study aims to analyze the urgency of corporate responsibility as perpetrators of corruption and the system of corporate responsibility in corruption. This study uses a normative juridical approach with secondary data analyzed descriptively qualitatively The results of the study show that the criminal liability of corporations as perpetrators of criminal acts of corruption is legally absolute as long as it can be proven that the act was intended for the benefit of the corporation, meaning that the actus reus mens rea in the management is considered as the evil intention of the corporation so that the corporation is very relevant to be burdened with criminal responsibility. The corporate criminal responsibility system which is considered appropriate for corruption is a responsibility system that places the corporation as the maker of the corporation that must be responsible even though in fact the act was carried out by the management but the action is seen as a corporate action.Keywords: Corruption, Corporate Liability.]]>
<![CDATA[TANTANGAN DALAM PEMBAHARUAN SISTEM PERADILAN MELALUI PERKEMBANGAN TEKNOLOGI: E-COURT DAN E-LITIGASI SEBAGAI SARANA MENUJU PERADILAN MODEREN DI INDONESIA ]]>
<![CDATA[Ummi Maskanah]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 9, No 2 (2023): Published 30 Desember 2023 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35194/jhmj.v9i2.3776
<![CDATA[Futuristically people are reluctant to settle their cases through the Courts. Not It is not uncommon for sharp criticism to be raised that the judiciary is considered slow and long, very expensive and unresponsive to justice, formalistic and technical (rechnically), and less uptodate, so that it is less efficient and effective, making it difficult for the public to obtain justice through the courts. Obtaining justice through the courts. Technological developments are utilized by the Supreme Court as a solution and at the same time to implement the principle of simple, fast, and light cost. This research is descriptive analytical, normative juridical and empirical juridical approach, analyzed qualitatively. Qualitatively analyzed. The results of the study found that the Supreme Court of the Republic of Indonesia creates a court that fulfills the principles of simple, fast and light cost through a new innovation called Electronic through a new innovation called Electronic Court (E-Court) and E-Litigation, through Supreme Court Regulation No. 3/2018 Jo. Number 3 of 2018 Jo. Perma No. 1 of 2018 and through a Cooperation Agreement between the Supreme Court of the Republic of Indonesia, the Attorney General's Office of the Republic of Indonesia, and the Ministry of Law and Human Rights of the Republic of Indonesia. Human Rights of the Republic of Indonesia Number 402/DJU/HM.01.1/4/2020, Number KEP-17/E/Ejp/04/2020, Number PAS 08.HH.05.05.05.05. PAS-08.HH.05.05 of 2020, but in practice there are still many obstacles that need to be addressed. Facilities and infrastructure and immediately revise the procedural law, both the Law on Civil Procedure procedural laws both the Civil Procedure Law and the Criminal Procedure Law. Keywords : Judicial System Reform; Modern Court; Electronic Court.]]>
<![CDATA[LAND TENURE SYSTEM DALAM MELINDUNGI LAHAN PERTANIAN PANGAN BERKELANJUTAN DAN KEDUDUKANNYA DALAM HUKUM AGRARIA NASIONAL ]]>
<![CDATA[Anita Kamilah]]>;
<![CDATA[Yuyun Yulianah]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 2, No 2 (2016): Published 30 Desember 2016 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35194/jhmj.v2i2.31
<![CDATA[By the increasing of the population and the economic structural development, the need of land for non-agricultural activities are likely to rise. This phenomenon leads a conversion of agricultural land, especially the unavoidable paddy. The causative factors of agricultural land conversion are: (1) Population; (2) The need of non-agricultural soil; (3) Economy; (4) Socio-cultural; (5) Autonomous Region; and (6) Lack of regulation. The Impacts of this conversion not only threatening food security but also interfering the stability of the economy, social, political, and development of the general population. There are three ways in controlling the use of land, they are: (1) Regulation; (2) Acquisition and management, those are perfecting the system and rules of land selling and the perfection of land tenure patterns (Land Tenure system) in supporting efforts towards maintaining agricultural land; and (3) Incentive and charges.Keywords: Agricultural land conversion, Food Security, Land Tenure System]]>
<![CDATA[KEJAHATAN KEKERASAN SEKSUAL (PERKOSAAN) TERHADAP ANAK DAMPAK DAN PENANGANANNYA DI WILAYAH HUKUM KABUPATEN CIANJUR ]]>
<![CDATA[Mia Amalia]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 2, No 1 (2016): Published 20 Juni 2016 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35194/jhmj.v2i1.563
<![CDATA[The rise of news about the sexual abuse of children is enough to make people shocked . This is due to most of the children who are victims of sexual violence are reluctant to report . Sexual abuse of children will go a long way in addition to result in health problems later in life is also associated with the trauma of prolonged even into adulthood . If not dealt with serious sexual abuse of children can cause social impact in the community . In providing protection for children need their systems approach that includes social welfare system for children and families, the judicial system in accordance with international standards and mechanisms to encourage appropriate behavior in society. Keywords: Sexual Abuse , Child , Impact , Handling.]]>
<![CDATA[Analisis Hukum Terhadap Pelaksanaan Perjanjian Sewa Rahim (Surrogate Mother) Ditinjau Menurut Perspektif Hukum Positif ]]>
<![CDATA[R. Febrina Andarina Zaharnika]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 7, No 2 (2021): Published 30 Desember 2021 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35194/jhmj.v7i2.1873
<![CDATA[A uterine rental agreement or known as a "surrogate mother" is a surrogate mother classified as a method or effort of pregnancy outside the natural way. The implementation of a uterine rental agreement or surrogate mother is an agreement between a woman who binds herself through an agreement with another party (husband and wife) to become pregnant with the result of the fertilization of the husband and wife which is implanted into her womb, and after giving birth is required to give up the baby, to the husband and wife based on the agreement made. This type of research is normative juridical. The specification of this research is descriptive analytical. Data sources consist of primary, secondary and tertiary legal materials. The data collection method uses library research on secondary data. Methods of data analysis using qualitative normative methods. The results of the study, First, against the surrogate mother agreement or uterine rental, the agreement is invalid because it is based on the fourth condition in terms of the validity of an agreement Article 1320 of the Civil Code, namely due to "the existence of a lawful cause" which makes the agreement null and void. It is also invalid because it contradicts existing laws. Second, the surrogate mother's womb rental agreement will give rise to rights and obligations for the parties. If there is a dispute with the surrogate mother, the resolution can prioritize the best interests of the child. Keywords: Agreement, Lease, Rent Womb, Surrogate Mother.]]>
<![CDATA[PERLINDUNGAN HUKUM HAK PENCIPTA LAGU DAN MUSIK YANG DIKOMERSIALISASI DI PLATFORM DIGITAL YOUTUBE TANPA IZIN ]]>
<![CDATA[Liza Marina]]>;
<![CDATA[Fahririn Fahririn]]>;
<![CDATA[M Ridwan]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 9, No 1 (2023): Published 30 Juni 2023 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35194/jhmj.v9i1.3507
<![CDATA[Repeating songs or covering songs uploaded on a digital platform is done in practice, but among them there is covering the songs and music commercially without the permission of the Creator and the Related Rights Owner. This research is carried out using normative legal methods through legislative approaches. The study discusses the application of the economic rights protection of Creators and Related Rights Holders on songs reproduced commercially without permission on the uploaded digital platforms of yuotube and the role of LMKN in protecting the copyrights of songs and music uploaded on the digital platform of youtube. Based on this legal normative study, it is concluded that the protection of recorded and unrecorded song and music works remains protected by law as well as the role of the National Collective Management Agency in collecting royalty on song and musical works on digital platforms is part of the protection granted to Creators and Owners of related rights over their economic rights.Keywords: Copyright, cover song, digital platform, LMKN]]>
<![CDATA[Kedudukan Covernote Notaris dalam Pencairan Kredit di Perbankan ]]>
<![CDATA[Devayanti, Rania Ayang]]>;
<![CDATA[Susanti, Dyah Ochtorina]]>;
<![CDATA[Tektona, Rahmadi Indra]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 10, No 1 (2024): Published Juni 2024 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35194/jhmj.v10i1.4074
<![CDATA[AbstrakCovernote biasanya diminta oleh para pihak, dalam hal ini adalah bank selaku kreditur serta debitur untuk proses pencairan kredit. Pencairan kredit yang menjaminankan tanah dan memerlukan sertifikat hak tanggungan, umumnya lebih lama prosesnya disebabkan masih adanya proses pengecekan dari Badan Pertanahan Indonesia. Keberadaan covernote diibaratkan sebagai jaminan dari pihak notaris bahwa sertifikat hak tanggungan akan dipastikan selesai selagi bank mencairan dana kredit tersebut. Namun keberadaan covernote hanya sebatas surat keterangan dan bukan termasuk ke dalam akta autentik yang dibuat oleh Notaris, sehingga jika notaris gagal memenuhi apa yang tertera di covernote maka akan sangat merugikan bank selaku kreditur. Tulisan ini didasarkan pada penelitian yuridis normatif, yang mengacu pada literatur hukum menggunakan bahan hukum primer dan bahan hukum sekunder dengan pendekatan konseptual dan pendekatan perundang-undangan. AbstractCovernote are usually requested by the parties, in this case the bank as the creditor and debtor for the credit disbursement proses. Disbursement of credit that guarantees land and requires a mortgage certificate generally takes longer because there is still a checking process from the Indonesian Land Agency. The existence of a covernote is seen as a guarantee from the notary that the mortgage certificate will be guaranteed to be completed while the bank disburses the credit funds. However, the existence of the covernote is only limited to a statement and is not included in the authentic deed made by the notary, so that if the notary fails to fulfil what is stated on the covernote it will be very detrimental to the bank as the creditor. This paper is based on normative juridical research, which refers to legal literature using primary legal materials and secondary legal materials with a context approach and a statutory-regulatory approach.]]>
<![CDATA[KEABSAHAN SERTIFIKAT JAMINAN FIDUSIA ATAS BARANG MILIK PIHAK KETIGA YANG DIJAMINKAN SECARA MELAWAN HUKUM ]]>
<![CDATA[Anita Kamilah]]>
<![CDATA[ Jurnal Hukum Mimbar Justitia Vol 4, No 1 (2018): Published 30 Juni 2018 ]]>
Publisher : <![CDATA[Universitas Suryakancana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35194/jhmj.v4i1.363
<![CDATA[Sustainability of national development is the increase in the life of the community effort that is supported through the granting of credit facilities or loans, as the provision of money or bills that can be equated with that loan agreement borrow the returns are made on a period of time to come. In order to provide protection and reassurance against creditors in obtaining her credit refund, the Government ratified the Act No. 42 Year 1999 About the Fiduciary Guarantee gives the right to the lender through fiduciary certificates as material warranties that are submitted on the basis of trust, where the owner can still use his guarantee for economic activities. The ease, often abused the debtor not good intentioned one through the securing of objects belonging to third parties fiduciary are against the law to the detriment of creditors because it resulted in no fiduciary guarantee legitimately so the lender no longer has the right to obtain payment preferent precedence if the debtor tort in fulfilling the obligation payment of his credit. In addition, the owners of goods that harms his ownership was made the object of a fiduciary guarantee. Legal protection for owners of goods due to the securing of objects that are against the law of fiduciary relationships can do the prosecution indemnity as well as requesting removal of the disturbances a pleasure over the right material.Keywords: Fiduciary Certificates, Credit, Against The Law, Torts.]]>
