Mimbar Keadilan
Mimbar Keadilan is published by the Law Faculty Laboratory of Law Faculty, University of August 17, 1945, Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. Mimbar Keadilan is created as a means of communication and dissemination for researchers to publish research articles or conceptual articles. The Mimbar Keadilan only accepts articles related to the topic of law except business law.
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<![CDATA[KEWENANGAN PPNS DALAM PENYIDIKAN TINDAK PIDANA MONEY LAUNDERING TERKAIT PUTUSAN MAHKAMAH KONSTITUSI ]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 2 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i2.6332
<![CDATA[The Crime of Money Laundering (TPPU) is one of the criminal acts that is relatively new and interesting to review. Discussing money laundering offenses means having to discuss predicate crimes. The Crime of Money Laundering (TPPU) or better known as money laundering is a further criminal act or layering crime. The predicate offense is referred to in Article 2 paragraph (1) of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering (PPTPPU). In the explanation of Article 74 of the PPTPPU Law as conditional constitutional, the explanation interprets the phrase "investigator of predicate crimes", must be interpreted as "an official or agency that is authorized by laws and regulations to carry out investigations". There are six institutions that have the authority to investigate money laundering offenses, namely the Indonesian National Police, the Attorney General's Office, the Corruption Eradication Commission (KPK), the National Narcotics Agency (BNN), the Directorate General of Taxes and the Customs and Excise Directorate of the Ministry of Finance. Thus, not all "predicate crime investigators" can conduct ML investigations. The only authorized civil servants as investigators of money laundering offenses are Civil Servant Investigators (PPNS) for Taxes and Customs and Excise Civil Service Investigators. This is the official interpretation given by the legislator himself, which is contained in the explanation section of Article 74 of the PPTPPU Law. This raises problems for the The Crime of Money Laundering (TPPU) law enforcement process because it must be handed over to other law enforcers who are authorized to conduct The Crime of Money Laundering (TPPU) investigations or delegated to police investigators for separate investigations (splitsing). However, the controversy over the interpretation of Article 74 of the Money Laundering Law was resolved by the Constitutional Court Decision Number 15/PUU-XIX/2021, which expanded the meaning of 'predicate criminal investigator' in the provisions of Article 74 of PPTPPU Law. So, all PPNS who have investigated the 'predicate crime' given by law are authorized to conduct TTPU investigations. This study uses a normative juridical method, which examines using an approach based on legislation, theories and legal concepts. Simultaneous investigations between the investigation of predicate crimes and money laundering are in line with the principles of case handling, namely simple, fast and low cost. By being given the authority to investigate TTPU to “predicate crime investigators”, it is hoped that case handling and law enforcement of TTPU can run quickly, simply, more optimally and effectively.]]>
<![CDATA[LEGAL ANALYSIS OF APPOINTMENT OF FORMER CORRUPTION CONCVICTS AS COMMISSIONER OF BUMN ]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 2 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i2.6469
<![CDATA[This study aims to clearly describe the regulation on the appointment of former corruption convicts as commissioners in BUMN and provides an understanding of the legal implications that can occur in the appointment of corruption convicts in BUMN. theoretically this writing is built with a legal perspective on the appointment of former corruption convicts as commissioners of BUMN and is supported by the Theory of Authority, and Review of the principles of good governance. All arguments, facts, and theoretical frameworks in this study are expressed using empirical normative legal research methods. Data obtained and collected through books, journals, papers and papers. Finally, the results of interviews and articles related to the problem. The research method of this case combines elements of normative law which is then added with data or empirical elements. This research is a qualitative research with analytical descriptive nature. The results of this study, namely where the appointment of former corruption convicts as the board of commissioners in a subsidiary of a BUMN has been in accordance with applicable regulations. However, according to Law No. 19 of 2003 article 28 paragraph (1), it is stated that members of the Board of Commissioners are appointed based on integrity considerations, in this case the author assumes that there is a legal loophole that can be used as a legal basis for the appointment of the board of commissioners in BUMN. The integrity requirement as a material requirement is only used as a supporting requirement for the appointment of a commissioner. Meanwhile, integrity is an important requirement that must be carefully considered by the deputy as an assessor of the prospective commissioner to be appointed. Integrity greatly affects the sustainability and application of good corporate governance principles in the scope of SOEs. Fulfillment of integrity is a requirement and element of assessment in which integrity concerns the track record of the prospective commissioner concerned.]]>
<![CDATA[THE ROLE OF RELIGION IN THE CONSTITUTIONS OF INDONESIA AND PAKISTAN: COMPARISON OF ISLAMIC CONSTITUTIONAL LAW ]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 2 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i2.6521
<![CDATA[The purpose of knowing the position of religion in the state constitution is to know how to protect human rights and what are the noble values that regulate the lives of citizens, therefore religion in the constitution is one of the benchmarks for the administration of the state, constitutional norms place religion to occupy the important in the life of the state so that another consequence of the implementation of religious values in the state is the policies of state officials and the behavior of citizens should not conflict with religious values. This study uses a normative approach and uses a qualitative analysis methodology with data collection techniques through literature studies such as legislation, books, legal journals, and online media. The results of the analysis show that in terms of the constitutions in Indonesia and Pakistan, there are several basic differences, starting from the use of norms, state institutions, government systems, social pluralism, and the implementation of the constitution considering that Indonesia is not an Islamic country while Pakistan is an Islamic country but there are still some similarities. between Indonesia and Pakistan, but this shows that if only religion is used in the constitution without paying attention to the social, economic, political, and cultural needs of the community, this will become a big problem so it will need to share]]>
<![CDATA[ANALISIS HUKUM ATAS WEWENANG PEMBERIAN IZIN PERTAMBANGAN EMAS OLEH PEMERINTAH PUSAT KE DAERAH DALAM PRESPEKTIF DAERAH OTONOM ]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 2 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i2.6397
<![CDATA[The country of Indonesia is a country that has wealth derived from nature which is very abundant. This is evidenced by various types of commodities that can be exploited from mining to plantations. However, the wealth must be properly managed by the State and is intended entirely for the prosperity and welfare of the people. This management authority by the State must certainly be interpreted as fairly as possible. Considering that we are a country of laws, of course, in any case, it is mandatory to implement it in accordance with the basis of the existing guidelines of the rules. The concept of constitutional law, of course, we know the principle of regional autonomy. The division of authority between local government and central government has been formulated in detail in Law 23 of 2014 concerning Regional Government, LN.2014/No. 244, TLN No. 5587. These rules are the basis for granting authority, there are several things that need to be regulated by the Central Government and Regional Governments. This is done of course to create justice based on the laws that apply in Indonesia for all Indonesian people concretely. In this case, the author wants to elaborate on the granting of gold mining permits from the Central Government to local governments. The Autonomous Region, which used to have a role in the authority of gold mining permits, today the authority returns to the Central Government. The author wants to analyze whether the withdrawal of authority is not contrary to the spirit of the implementation of Regional Autonomy.]]>
<![CDATA[PERBANDINGAN KEPASTIAN HUKUM TRANSSEKSUAL ANTARA NEGARA REPUBLIK INDONESIA DAN REPUBLIK ISLAM IRAN ]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 2 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i2.6487
<![CDATA[This writing aims to legal reconstruction the law in Indonesia where the Islamic Republic of Iran is a comparison country. The method used is a functional method in comparative law through the approach of legal institutions and bodies of norms. Based on this legal comparison, it was found that homosexuality is an act that is very contrary to religious and cultural norms and common sense, so transsexuality with very strict terms and conditions is an urgent solution. Indonesia and Iran only recognize two genders, namely male and female. However, in Indonesia, it is not specifically regulated regarding lesbian, homosexual, and transsexual sexual acts. The existence of different judicial decisions in Indonesia regarding transsexuals shows that these decisions do not meet the elements of jurisprudence. In addition, the absence of laws and regulations specifically regulating transsexuals necessitates the absence of legal standardization of basic norms in the state so that the Constitutional Court cannot carry out its function as the protector of human rights and the final interpreter of the constitution. There needs to be an association under the auspices of the government that specifically handles sexual disorders and transsexual issues. In addition, considering that the main source of law in countries with a civil law tradition is the law (formal rules), it is necessary to establish a law that specifically regulates transsexuals as a manifestation of the principle of legal certainty and the principle of consensus as well as legal standardization of actions, handling, regulations, and legal consequences imposed on transsexual issues.]]>
<![CDATA[PENEGAKAN HUKUM REGISTRASI KARTU PRABAYAR MENGGUNAKAN IDENTITAS ORANG LAIN ]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 2 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i2.6582
<![CDATA[This study discusses the actions of everyone who registers a prepaid card using another person's identity which results in the identity of the prepaid card and prepaid card user being not the same so that this can actually be detrimental to the identity card owner, especially if the prepaid card that has been registered with the identity of another person Otherwise if its use is misused, it is necessary to make efforts to find out the juridical basis and enforce the law on anyone who registers a prepaid card using another person's identity against the law to provide a sense of security to the public regarding the protection of personal data. This study uses a normative juridical research method with a statute approach and a conceptual approach. The results show that law enforcement against anyone who registers a prepaid card using someone else's identity so that the prepaid card has a different identity between the owner of the identity attached to the prepaid card and the user of the prepaid card can actually be enforced by law by being asked for criminal liability and being sued civilly.]]>
<![CDATA[URGENSI PENERAPAN KLAUSULA EKSONERASI DALAM PRODUK HUKUM YANG DIBUAT OLEH NOTARIS ]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 2 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i2.6690
<![CDATA[This study aims to explain how important or urgent the application of the exoneration clause is as a form of self-protection of a notary in carrying out his position in accordance with the law on the position of a notary in which the clause used for notary self-protection against parties who come to a notary who has bad faith or falsify data and so on. This research is normative juridical research, namely research that examines or analyzes based on the sources of legislation and uses a statutory approach and a conceptual approach. The results of this study are the need or urgency to apply an exoneration clause or a notary self-protection clause in carrying out his position so that it is not easy for the parties to report a notary, in which the notary in carrying out his position in accordance with the norms and procedures contained in the law on the position of a notary, especially the authority of a notary who contained in Article 15 of the law on the position of a notary, where the application of the clause is valid as long as the notary has carried out the position according to the procedure and is also agreed upon by the parties who appear before the notary.]]>
<![CDATA[HUBUNGAN HUKUM DAN PERTANGGUNGJAWABAN WAKIL PIALANG BERJANGKA DI BIDANG PERDAGANGAN BERJANGKA KOMODITI ]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 2 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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<![CDATA[A futures broker is a business entity that arranges commodity trading activities based on futures contracts, Islamic derivatives, and/or other derivatives based on a customer's order by withdrawing a certain amount of money and/or securities as a margin to guarantee the transaction. In performing its functions as an intermediary party for customers who transact in the futures exchange, the futures broker has an individual legal subject, namely Futures Broker Representative. This normative legal research with an approach to statutory and conceptual issues discusses the legal relations of futures broker representatives and their responsibilities in commodity futures trading which will be analyzed prescriptively with deductive reasoning. The result shows the legal relation between futures broker, futures broker representative and costumer that creates rights and obligations is a result of an alliance in the form of mandate and authorization in futures trading contracts. Violations committed by Futures Broker Representatives against the regulations made by the regulator will result in the imposition of sanctions both administratively and criminally. The futures Broker is responsible if there is an error made by the Futures Broker Representative. Then if there are customers who feel aggrieved, they can apply for compensation due to breach of contract of futures brokers.]]>
<![CDATA[KAJIAN YURIDIS PERALIHAN HAK ATAS TANAH MILIK ANAK YANG MASIH DI BAWAH UMUR ]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 2 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i2.6761
<![CDATA[The development of agrarian law in Indonesia regarding the transfer of ownership rights to land through buying and selling has progressed. Based on the facts on the ground, a problem arises when a child who is still underage has land rights and then wants to take legal action on the land, especially the transfer of rights due to buying and selling. Article 1320 of the Civil Code expressly states that an agreement is legally valid if it meets the qualification requirements, while one of the causes of individual legal subjects is declared incompetent if they are underage. This study aims to examine the procedures and methods for transferring rights to land owned by minors. The approach method used in this research is normative juridical and descriptive-analytical. The data used as the main source of data in this study is secondary data. The results of this study indicate that the application for heirs of property rights over minors is granted by the court and the one who acts to make the transfer of rights from the land is the guardian who has been appointed by the court. The determination of guardianship is used as legal evidence of the existence of guardianship guaranteed by the District Court that the minor represented by his guardian to make a sale and purchase is correct and there has been a sale and purchase for the benefit of his heirs.]]>
<![CDATA[URGENSI SERTIFIKASI SYARIAH BAGI NOTARIS DALAM PEMBUATAN AKTA AKAD PEMBIAYAAN DI BANK SYARIAH ]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 2 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i2.6879
<![CDATA[In relation to business contracts in Islamic banks, the function of an authentic deed made by a Notary is as evidence that becomes the legal basis for both parties in transactions. The problem is the making of an authentic deed of financing contract that has not been implemented based on sharia principles in a kaffah manner. Therefore, this study aims to analyze the urgency of Sharia Certification for Notaries in Making Deeds of Financing Contracts at Islamic Banks. The type of research used is normative legal research with a literature study method. The approach used is the approach to legislation (statute approach) relating to the provisions of the competence requirements of the notary sharia field in making the deed of financing agreement in Islamic banks. In conclusion, the results obtained are that there are no strict and detailed laws and regulations regarding the existence of a sharia notary, even though in terms of the object, all business agreement practices in sharia banks have statutory regulations. This has an impact on the existence of a sharia notary which is still unclear. As for sharia certification training for Notaries, it is only limited to the policies of each Islamic bank management, so ensuring sharia compliance for Notaries is still a weakness and homework for Islamic banks.]]>
