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.
Articles
11 Documents
Search results for
, issue
"Vol 16 No 2 (2023): Agustus 2023"
:
11 Documents
clear
<![CDATA[Peran Pemerintah Daerah dalam Penyelesaian Administrasi Pertanahan ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30996/mk.v16i2.8022
<![CDATA[The purpose of this study is to determine the role of local government in the settlement of land administration. The research method used in this study is a type of empirical legal research. While the approach used is a statutory approach, conceptual approach, case approach, and sociological approach to law. Data collection techniques that researchers use are interviews and document studies. The data that has been collected is then analyzed using descriptive qualitative analysis. As for the results of this study, namely in the practice of legal protection for land administration for the development of public interests, the government protects rights divided into two, namely Preventive Legal Protection and Repressive Legal Protection. Preventive legal protection must be carried out systematically involving several sources who play a role and have authority. Cancellation of Rights is a coercive institution that is used to decide/terminate/abolish the legal relationship between the Owner and his/her land. Furthermore, to realize development both in the regions and at the national level, the function of land is an important element in supporting development. Later during the construction period the supply of land for development projects was very limited. With regard to the taking of people's lands for development purposes, there are two ways taken by the government, namely revocation of land rights (ontoi gening) and land acquisition (prijsgeving)]]>
<![CDATA[Kewenangan Pemerintah Daerah dalam Penyelenggaraan Pengadaan Tanah Untuk Pembangunan Jalan Tol ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30996/mk.v16i2.8399
<![CDATA[This study aims to identify and understand the mechanism of land acquisition for development in the public interest, and to analyze the form of local government authority in implementing land acquisition for toll road construction. This type of research is normative legal research using statutory and conceptual approaches. Development is one of the efforts to achieve general welfare. In a development, land is definitely needed, while land owned by the state is getting less and less, so land acquisition is necessary. The implementation of land acquisition cannot be carried out arbitrarily, and the implementation of land acquisition for the public interest must pay attention to the interests of development and the interests of the community. The results of this study show that the government is the executor of land acquisition, the mechanism of which consists of four stages, namely planning, preparation, implementation, and the delivery of results. Then, the government and regional governments have the authority to guarantee the availability of land and funding for land acquisition for the public interest and as the executor of land acquisition. The government and regional governments have an obligation to prioritize the welfare of their citizens because the principle of development in the public interest is aimed at increasing the welfare of all people. The regional government is obliged to ensure that the assessment of compensation in land acquisition is based on the principles of fairness, benefit, agreement and sustainability.]]>
<![CDATA[Politik Hukum Tindak Pidana Perpajakan dalam Perspektif Restorative Justice ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30996/mk.v16i2.7977
<![CDATA[The purpose of the study is to analyze the conceptual punishment with the principle of restorative justice in connection with the legal politic of criminal taxation. The method of research conducted in this paper is a normative juridical method. The approach method used in this research is a conceptual approach and a statutory approach. The results of the study concluded that the legal politic of tax crime in the perspective of restorative justice is in the form of expanding the ultimum remedium opportunity which was originally only up to the investigation stage, extended to the trial stage. Furthermore, to promote restorative justice, recovery of losses to state revenues must be prioritized over imprisonment by taking into account: Prosecutor's authority to prosecute; Judge's decision authority; Criminal fines are not subsidized; Authority of Tax Investigators to confiscate assets. From the perspective of restorative justice, recovery of losses to state revenues is prioritized over imprisonment. In solving tax crimes that prioritize restorative justice, it is in line with the government's efforts to increase taxation for the benefit of development. The concept of restorative justice can provide a way out for efforts to increase state revenue from the tax sector.]]>
<![CDATA[Efforts of Class IIA Pekanbaru Women’s Penitentiary in Fulfilling the Rights of Inmates to Interact with Family in the Covid-19 Pandemic ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30996/mk.v16i2.8476
<![CDATA[Most of the female prisoners in Pekanbaru Class IIA Women’s Penitentiary have children and families, but while having their sentences, they can’t interact with their children or families as usual. Most of them are mothers. Mothers play an important role in children’s development. The method used in this research is a qualitative method to analyze about how is the efforts of Pekanbaru woman’s penitentiary in optimizing the provision of inmates’ rights by interacting with family during covid-19 pandemic. The results of this study are the efforts of Pekanbaru Class IIA Women’s Penitentiary on granting women’s right is not optimal, which is it is the same as in ordinary penitentiary. There is no special treatment for women in penitentiary even though the interaction with their families, especially their children is very important, considering the children will still need a mother figure. The conclusion of this research is women in penitentiary have a minimum interaction with their families, especially children, and it has the potential to cause children to commit deviate behavior. Based on social bond theory, there are four elements that influence children’s behavior, if any of these elements are not fulfilled then the children will deviate. The children will tend to have no attachment to their parents, especially mothers while the mother is in a penitentiary or prison, and it will cause children to commit delinquency]]>
<![CDATA[Kepemilikan Common Property Pada Pengetahuan Tradisional ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30996/mk.v16i2.8519
<![CDATA[This article discusses the concept of traditional knowledge and examines policy directions related to common property in Indonesia. Protection of traditional knowledge is not only the existence of intellectual works produced by indigenous peoples, but solely due to environmental factors and indigenous peoples which give special characteristics to products produced by an indigenous community. Thus traditional knowledge can provide protection to an object that is part of common property and not part of private property. This research is normative juridical research with a conceptual approach related to copyright and common property. The results of the study show that the concept of collective-communal ownership basically originates from the existence of a community unit that feels a sense of togetherness in owning something with the same interests and refers to the existence of rights that can be enjoyed by many people or groups. Meanwhile, in relation to traditional knowledge as part of common property, it can be interpreted that society as a whole has the same opportunity to enjoy the potential contained in this traditional knowledge. From the study of collective and communal concepts in the realm of customary law, the ownership of traditional knowledge is inherent in collective communal characteristics. The existence of this special characteristic of ownership indicates the need for the development of principles in the realm of copyright. Therefore, Indonesia should have a law specifically related to common property.]]>
<![CDATA[Pemberatan Pidana dalam Tindak Pidana Kekerasan Seksual Terhadap Penyandang Disabilitas ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30996/mk.v16i2.8601
<![CDATA[This study aims to analyze legal protection for persons with disabilities as victims of sexual violence and the best formulation of criminal sanctions for perpetrators of sexual violence against persons with disabilities. The research method used in this study is normative juridical research with a problem approach, namely the statutory approach, the conceptual approach, and the case approach. Having a disability status in Indonesia has not been fully accepted and appreciated by other normal humans. They are still considered different and are often bombarded with insults and inappropriate behavior such as sexual violence. The results of the study show that the high number of victims of sexual violence among persons with disabilities ranges from adolescence to various genders. Then the DPP PPDI stated that they seemed to be walking alone in fighting for justice for the weak position of persons with disabilities as victims of sexual violence without special attention from the State. Therefore, it is necessary to establish a new article to enforce legal protection for victims as well as their right to receive treatment, both short-term and long term after experiencing sexual violence and to increase the effectiveness of castration for perpetrators of sexual violence against persons with disabilities.]]>
<![CDATA[Pembaharuan Sanksi Tindakan Kebiri Kimia Terhadap Pelaku Kekerasan Seksual Oleh Paedofil ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30996/mk.v16i2.8735
<![CDATA[The purpose of this research is to describe chemical castration sanctions that need to be renewed. This research uses a legal approach and a conceptual approach. Chemical castration raises pros and cons in its application as an action sanction, where the sanction has an educational nature, not as a form of retaliation. Chemical castration sanctions are applied to perpetrators of sexual violence against children. Even though it has been classified for anyone who can receive sanctions in the form of chemical castration, the rule does not mention what if the perpetrator is classified as a pedophile, where a pedophile is an adult who repeatedly performs sexual acts with prepubertal children. There needs to be scientific research related to how pedophiles can be stopped or cured because if seen from what is called a pedophile and the prohibitions mentioned in the child protection law are the same. The concept of renewing sanctions that must then exist is where the application of chemical castration is abolished and replaced with rehabilitation, but it is necessary to conduct research on whether these perpetrators are classified as pedophiles. carry out the punishment that is in effect today, because the possibility of the perpetrator committing the act repeatedly is quite high considering that chemical castration is not permanent like conventional castration is permanent. If possible, there will be new regulations in the form of revisions to laws and/or issuance of government regulations.]]>
<![CDATA[Pertimbangan Hakim dalam Menjatuhkan Pidana Mati Terhadap Pelaku Tindak Pidana Turut Serta Melakukan Pembunuhan Berencana ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30996/mk.v16i2.8691
<![CDATA[This study aims to find out the considerations of judges in deciding cases of premeditated murder and to find out the provisions related to capital punishment in the latest law. Premeditated murder is a criminal act that requires law enforcement in the fairest way possible. In Indonesia, perpetrators of premeditated murder are subject to criminal threats in the form of the death penalty or life imprisonment. There are quite a number of cases of premeditated murder that have occurred in Indonesia, one of which is premeditated murder carried out by law enforcement officials, namely the case of the murder of Brigadier J carried out by Ferdi Sambo and his aides. The method used in this study is a normative method using primary and secondary legal materials used to solve the problems that exist in this research. This study presents the results of previous research that has been conducted on capital punishment in Indonesia. The results of the analysis prove that the judge in imposing capital punishment on the defendant must be in accordance with the existing facts and the elements in the statutory regulations.]]>
<![CDATA[Pertimbangan Hakim dalam Memutus Perkara Tindak Pidana Kekerasan Dalam Rumah Tangga ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30996/mk.v16i2.8705
<![CDATA[This study aims to find out and understand the judge's considerations, which is one aspect that is crucial in determining the realization of the value of a judge's decision that gives a sense of justice (ex aequo et bono). From legal considerations that are considered prismatically, it will produce values of legal certainty, justice, and benefits simultaneously. This research is a normative legal research conducted by examining laws and regulations, books, and journals related to the writing theme. Based on the results of the research, it was concluded that the criminal responsibility of perpetrators of domestic violence based on court decisions consists of 2 components, namely juridical considerations, namely judgments made by judges based on judicial facts that were revealed at trials determined by law and required to be included in decisions and non-juridical considerations based on legal provisions and a sense of social justice. As for implementing restorative justice in domestic violence cases, it is applied as a consideration to protect family coherence, especially in fortifying children's futures. Humans think the best way to help victims of crime is to catch the criminals. By paying attention to the Law on the Elimination of Domestic Violence and the Criminal Procedure Code, the results of court decisions relating to crimes of domestic violence consider the concept of punishment based on restorative justice which is oriented towards recovery efforts and the interests of the perpetrator and the victim of the crime carried out through 5 methods, namely the sufferer culprit mediation, own family organization conferencing, restorative conferencing, community restorative forums, and restorative circles or restorative]]>
<![CDATA[President Elections Mechanism: Comparative Studies from Indonesia, Russia, and Türkiye ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30996/mk.v16i2.8767
<![CDATA[This study aims to determine the differences and similarities in the presidential election system in 3 (three) countries, as an example we choose Indonesia, Russia, and Türkiye. This research focuses on how the presidential election system is implemented in the countries of Indonesia, Russia, and Türkiye as well as, what are the differences in the presidential election system used, the pattern of nominations, and the requirements for presidential nominations by the countries of Indonesia, Russia, and Türkiye. This study uses a normative juridical method with a statutory approach and a comparative approach based on the constitution of each country. The results of the study show that there are similarities and differences in the presidential elections in the three countries. First, the similarity of the three countries is implementing a plural or district system with the Two Round System variant. The winner of the election must get absolute or absolute votes. Second, the differences between the three countries in presidential elections such as nomination patterns, terms of office, presidential requirements, and thresholds. However, in analyzing this difference, there are only two countries that are the same: Indonesia and Türkiye, for the same presidential term. Then the nomination pattern in Russia and Türkiye is the same. Then, the age requirements for Indonesian and Türkiye presidential candidates are the same]]>
