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[PERLINDUNGAN HUKUM BAGI PEJABAT PEMERINTAHAN DARI ANCAMAN PIDANA DALAM PENGGUNAAN DISKRESI ]]>
<![CDATA[Ghozali, Moudy Raul]]>;
<![CDATA[Hadi, Syofyan]]>
<![CDATA[ Mimbar Keadilan Vol 14 No 2 (2021): Agustus 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v14i2.5092
<![CDATA[The purpose of the study was to determine the form of legal protection for officials from criminal threats in using discretion. Using pure legal research. There are two forms of legal protection in the use of discretionary authority, namely preventive legal protection and repressive legal protection. The first preventive legal protection is contained in Article 67 of Law no. 5-2009 or also known as the principle of praesumptio iustae causa, namely decisions issued by government officials are always considered valid until there is an annulment. The second preventive legal protection is that the policy principle cannot be criminalized. Government policies cannot be criminalized if there are no elements of harming state finances and benefiting themselves or other parties. As well as the implementation of these policies for public services. While the repressive legal protection is contained in Article 21 paragraph (1) of Law no. 30-2014 and Perma No. 4-2015, which determines that the Administrative Court has the authority to receive, examine, and decide whether or not there is an element of abuse of authority committed by government officials.Keywords: discretion; officials; legal protectionAbstrakTujuan penelitian untuk mengetahui bentuk perlindungan hukum bagi pejabat dari ancaman pidana dalam menggunakan diskresi. Menggunakan peneltiian hukum murni. Terdapat dua bentuk perlindungan hukum dalam penggunaan wewenang diskresi, yakni perlindungan hukum preventif dan perlindungan hukum represif. Perlindungan hukum preventif yang pertama tertuang dalam Pasal 67 UU No. 5-2009atau dikenal juga dengan asas praesumptio iustae causa yakni keputusan yang dikeluarkan oleh pejabat pemerintahan selalu dianggap absah hingga ada pembatalannya. Perlindungan hukum preventif yang kedua adalah prinsip kebijakan tidak dapat di pidana. Kebijakan pemerintah tidak dapat di pidana apabila tidak ada unsur merugikan keuangan negara dan menguntungkan diri sendiri ataupun pihak lain. Serta pelaksanaan kebijakan tersebut untuk pelayanan publik. Sedangkan perlindungan hukum represif tertuang pada Pasal 21 ayat (1) UU No. 30-2014 dan Perma No. 4-2015, yang menentukan bahwa PTUN berwenang untuk menerima, memeriksa, dan memutus ada atau tidak unsur penyalahgunaan wewenang yang dilakukan oleh pejabat pemerintahan.]]>
<![CDATA[INSTITUTIONAL STRENGTHENING OF MSMES THROUGH EASY COOPERATIVE PROTECTION ]]>
<![CDATA[Kusumastuti, Dora]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 1 (2022): Februari 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i1.5806
<![CDATA[A Cooperative is a business entity consisting of individuals or legal entities based on their activities based on the cooperative principle as well as a people's economic movement based on the principle of kinship. Raden Aria Wiria Atmadja was recorded in history in 1986 in Purwokerto as a pioneer or at least the inspiration for the establishment of cooperatives in Indonesia, motivated to improve the condition of civil servants, most of whom were in debt from loan sharks. Small, Micro, and Medium Enterprises (MSMEs) as the embodiment of a people's economy are able to contribute to economic growth and absorb labor. The growth of MSMEs with all their problems needs to get support through the establishment of cooperative institutions. This type of normative juridical research with secondary data sources is analyzed using deductive logic. Government Regulation Number 7 of 2021 concerning Ease, Protection, and Empowerment of Cooperatives and MSMEs is a form of support from the government for strengthening MSMEs and cooperatives in Indonesia. Support for MSMEs and cooperatives is provided by the distribution of authority to the central government and local governments in supporting the growth of cooperatives and MSMEs.]]>
<![CDATA[URGENSI PENGATURAN KETAMIN DALAM UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA ]]>
<![CDATA[Risqi, Dimas Moch.]]>;
<![CDATA[Yudianto, Otto]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 1 (2022): Februari 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i1.5819
<![CDATA[This study aims to explain the urgency of regulating ketamine in Law Number 35 of 2009 concerning Narcotics. This research method uses normative juridical and this research is perspective to answer the problem formulation on legal issues so that it can provide opinions and views on legal issues that are studied. The approach method used is the Legislative Approach (Statute Approach) and Conceptual Approach. The results obtained from a juridical point of view are that perpetrators who abuse ketamine in this case distributing ketamine are only charged with Law Number 36 of 2009 concerning Health. Perpetrators of ketamine abuse cannot be charged with Law Number 35 of 2009 concerning Narcotics because the Act does not regulate ketamine as a type of narcotic. So that following with the Legality Principle of criminal law Article 1 Number 1 of Law Number 1 of 1946 concerning Criminal Law Regulations explains that an act cannot be threatened with criminal punishment if there is no criminal regulation that regulates it beforehand. From a sociological perspective, the side effects of ketamine are very dangerous, they can affect a person's condition in society. Ketamine which has the same effect as narcotics in general makes people feel that this ketamine must be taken into account in the laws and regulations so that perpetrators who abuse ketamine can be punished so that it has a deterrent effect.]]>
<![CDATA[PENGHIDUPAN KEMBALI PASAL TERHADAP PENGHINAAN PRESIDEN DAN WAKIL PRESIDEN DALAM RANCANGAN KITAB UNDANG-UNDANG HUKUM PIDANA ]]>
<![CDATA[Rahmasari, Nuzul Shinta Nur]]>;
<![CDATA[Soeskandi, Hari]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 1 (2022): Februari 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i1.5832
<![CDATA[Law Number 1 of 1946 concerning of Criminal Law is an affirmation made by the government from the enactment of Colonial Law known as Wetboek van Strafrecht (WvS) or widely known as Kitab Undang-Undang Hukum Pidana (KUHP). KUHP itself should be revised with the current condition of the Indonesia. However, the revision of Criminal Law within the draft of KUHP itself consist articles which cause conflict, one of which is the article about insult directed President and/or Vice President of the Indonesia. Wheres, this article is already removed by the Constitutional Court in 2006 under the statementNumber 013/022/PUU-IV/2006. The Governmment and House of Representatives seem to have disobeyed the statement of the Constitutional Court that makes the writer of this journal decides to take the revival of the article of insult to President and/Vice President as the background of the problem of a research. Further analysis will be carried out by the writer regarding the insult of President’s dignity and honor then analyze the policy of reactivating the said article about insult of the leader of the country in RKUHP by central government and House of Representatives. The said article is considered unconstitutional by Constitutional Court (MK) and has been objected to be a part of the RKUHP or articles with the same and similar contents. The process of the analysis will still use the reference from Constitutional Court’s decision and experts’ opinion. This reserach uses juridical normative approach which aim to discover rules and also norms to answer the legal issue being faced so that the solutions of the issue in this research can be made. In this case, the reactivation of the article of insult directed to the leader of the country in RKUHP is not the proper policy to be made because it has a tendency to be used as a tool to silent the people’s voice to criticize the performance of the President and/Vice President.]]>
<![CDATA[PERAN OTORITAS JASA KEUANGAN DALAM PENERAPAN CUSTOMER DUE DILIGENCE PADA PEER-TO-PEER LENDING ]]>
<![CDATA[Veronica, Angela]]>;
<![CDATA[Murwadji, Tarsisius]]>;
<![CDATA[Permana, Sudaryat]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 1 (2022): Februari 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i1.5840
<![CDATA[The innovation of P2P Lending that actualizes the Business-to-Business and Business-to-Consumer system has elevated economic productivity. P2P Lending offers a relatively fast and flexible money lending mechanism in which collateral is not mandatory as occurred in banking. However, the issue that arises in P2P Lending is the escalation of non-performing loan percentage that must be prevented through the implementation of effective risk mitigation by the Administrator of the Information Technology-Based Borrowing-Lending Services (Administrator). The research method used in this study is juridical-normative that utilizes the approach of laws, regulations and legal theory to analize the practice of P2P Lending within society. The results of this study indicate that Indonesia’s positive law has accommodated the risk mitigation procedures to reduce operational risk and credit risk, which are the root of the P2P Lending non-performing loan issue, namely through the implementation of CDD and EDD. OJK has a role to regulate and supervise such risk mitigation, especially to eradicate the emergence of unregistered and unlicensed Administrators by coordinating with SWI.]]>
<![CDATA[PEMAHAMAN HUKUM ADMINISTRASI PERTANAHAN BAGI MASYARAKAT DESA SANGLAR KABUPATEN INDRAGIRI HILIR GUNA MENCEGAH KONFLIK DAN SENGKETA PERTANAHAN ]]>
<![CDATA[Aksar, Aksar]]>;
<![CDATA[Tua Manik, Saut Maruli]]>;
<![CDATA[Dinata, Umar]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 1 (2022): Februari 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i1.5844
<![CDATA[This study aims to analyze the factors that influence the legal understanding of village communities in certifying their land rights to prevent conflicts and land disputes in rural areas. This research is socio-legal research. Socio-legal research is research that combines normative and empirical methods in its research. The results of this study The legal understanding of the Village community in making land title certificates as well as knowledge about the importance of ownership of land rights certificates is still relatively low, in general, the people who are used as informants do not know about the procedures for making land title certificates. The conclusions in this study confirm that the land is a very basic human need so legal understanding of the community is very urgent to be carried out in managing land certificates, in order to avoid disputes and cases of land grabbing in the community. If viewed from the economic aspect, land certificates can be used by the community to obtain business capital. So that people can improve their standard of living and welfare.]]>
<![CDATA[PERBANDINGAN ANTARA UNDANG-UNDANG NOMOR 13 TAHUN 2003 KETENAGAKERJAAN DENGAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 CIPTA KERJA DALAM PEMUTUSAN HUBUNGAN KERJA BAGI PEKERJA PERJANJIAN KERJA WAKTU TERTENTU PADA MASA KONTRAK ]]>
<![CDATA[Poernamadjaja, Doddy]]>;
<![CDATA[Hufron, Hufron]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 1 (2022): Februari 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i1.5848
<![CDATA[the aim of this research was conducted analyze legal protection for workers' contracts, who are dismissed before the end of their working period. This research was conducted using juridical-normative legal research, The research produces the first answer PKWT workers who are dismissed based on the employees have not provided maximum legal protection for PKWT workers, Article 62 of the employment only provides compensation for workers/ laborers. workers until the end of the work agreement. The attestation of the Job Creation Law and PP 35 of 2021 raises legal problems in the form of conflicting norms (antinomy norms) and does not reflect legal protection in the theory of equitable legal objectives. requires employers to provide compensation in the amount of which is based on the period of PKWT that has been implemented. by the Employer. hen based on the results of the research, the norm of Article 16 PP 35 of 2021 is contrary to a higher norm, namely Article 62 of the employment of Law.]]>
<![CDATA[IMPLIKASI HUKUM HILANGNYA KEWENANGAN PENYIDIKAN DAN PENUNTUTAN PIMPINAN KOMISI PEMBERANTASAN KORUPSI ]]>
<![CDATA[Alwi, Helmi]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 1 (2022): Februari 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i1.5889
<![CDATA[The enactment of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 was followed by various controversies, including changing the organizational structure of the Corruption Eradication Commission, then by eliminating the authority of the KPK leadership in terms of investigating and prosecuting as stated in Law Number 30 of 2002 in Article 21 paragraph (4), as well as paragraph (6) where the KPK leadership is no longer the highest person in charge of the anti-corruption agency. The authority for investigation and prosecution as well as the responsibilities of the KPK leadership must exist, where this is the main authority in eradicating corruption. Disclosure of corruption cases always begins with investigations, investigations, and prosecutions in terms of finding evidence and suspects as well as determining punishments to ensnare the perpetrators of corruption. Meanwhile, the authority for investigation and prosecution as well as the responsibilities of the KPK leadership are still needed so that the KPK leadership can directly order investigators and public prosecutors who previously came from the Police and Prosecutors' agencies so that efforts to eradicate and prevent corruption can run well. The problem that can be raised is how to regulate the authority of the KPK leadership in investigation and prosecution, then what are the legal implications of the loss of authority to investigate and prosecute KPK leaders. Using normative legal research methods through statutory approaches and conceptual approaches, with prescriptive analysis techniques. The loss of authority and responsibility of the KPK leadership as investigators and public prosecutors can have implications for the loss of effective control of the KPK leadership in investigations and prosecutions. Then it can slow down efforts to eradicate corruption because the control of eradicating corruption is no longer directly with the KPK leadership or it can even stop the investigation and prosecution process. The Supervisory Board has a higher position than the KPK leadership, then the Supervisory Board is also given broader duties and authority from the KPK leadership related to law enforcement even though in carrying out the duties of the KPK institution it is the KPK leadership, but the authority and responsibility of the KPK leadership have turned to the Supervisory Board.]]>
<![CDATA[KAJIAN NORMATIF PENERAPAN PIDANA MATI BAGI KORUPTOR DANA PENANGGULANGAN COVID-19 ]]>
<![CDATA[Soren, Simon Maurits]]>;
<![CDATA[Soleh, Moh.]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 1 (2022): Februari 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i1.5976
<![CDATA[Various positive responses and government efforts in overcoming the impacts caused by the Covid-19 pandemic in various aspects of the field. The status of the Covid-19 outbreak in Indonesia itself has been determined through Presidential Decree Number 11 of 2020 concerning the Determination of Public Health Emergency of Corona Virus Disease 2019 (Covid-19) and Presidential Decree Number 12 of 2020 concerning Determination of Non-natural Disasters for the Spread of Corona Virus Disease 2019 (Covid-19) as a National Disaster. However, the process of distributing social assistance by the government experienced various obstacles or the heavy disbursement of funds during the pandemic made the Corruption Eradication Commission act quickly in arresting several persons who misappropriated funds. Corruption committed during the Covid-19 pandemic emergency (non-natural disaster) is very detrimental and must be held criminally responsible for its actions. Therefore, it is important to know whether criminal responsibility for corruption perpetrators of social assistance during this pandemic has a deterrent effect or not. Considering that the Covid-19 emergency period has been designated by the government as a national disaster so that it fulfills the requirements for the phrase 'certain circumstances' contained in Article 2 paragraph 2 of Law Number 31 of 1999. This study uses a normative juridical method, namely examining laws and regulations, theory and legal concepts. The results of this study are to find out whether perpetrators of corruption during the Covid-19 period can be sentenced to prison and fines or even the death penalty.]]>
<![CDATA[MEWUJUDKAN SISTEM PERADILAN PIDANA YANG FAIR BAGI PENYANDANG DISABILITAS ]]>
<![CDATA[Nur Patria, Eriq Panca]]>
<![CDATA[ Mimbar Keadilan Vol 15 No 1 (2022): Februari 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v15i1.6068
<![CDATA[The purpose of this research is to analyze the legal protection for persons with disabilities who conflict with the law. The research was conducted using juridical-normative legal research. The results showed that the judiciary in Indonesia did not yet have a special mechanism. Such a situation certainly raises the question of what is the obligation of the State in providing protection and fulfillment of the rights of perpetrators and victims of persons with disabilities in a fair criminal justice process. The scope of citizens, in this case, is broad, including anyone without exception as stipulated in Article 25 paragraph (1) of the 1945 Constitution of the Republic of Indonesia that includes persons with disabilities. Affirmation of the scope is very important because human rights for persons with disabilities are still often ignored, even violated. The application of the principle of Equality Before the Law that persons with disabilities will have the same facilities as normal humans in accessing justice in the judiciary. The benefit is that persons with disabilities can easily convey their meaning and obtain justice so that the case can be resolved and it is easy to get information. Optimization, in this case, is also by the utility theory of Jeremy Bentham that "The aim of the law is the greatest happiness of the greatest number", namely the goal of the law is the greatest happiness for the most people.]]>
