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
266 Documents
<![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.]]>
<![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 ]]>
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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 ]]>
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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[Legal Study on Criminal Sanctions in Certain Airport Area ]]>
<![CDATA[ Mimbar Keadilan Vol 16 No 1 (2023): Februari 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v16i1.8173
<![CDATA[The purpose of this study is to examine criminal sanctions in certain areas at the airport. An airport is a facility where aircraft can take off and land. The importance of aviation safety and security is the responsibility of the Airport Authority. Therefore, it is necessary to limit the area or security area, because an airport is a place that is prone to crime, so there are criminal sanctions for those who break the law. Airport supervision and authority are regulated by the Airport Authority, and the government can easily monitor airport activities under the management of PT. Angkasa Pura I and PT. Angkasa Pura II. The type of research used is legal research with normative juridical methods, which analyzes using statutory and conceptual approaches. The main role of the airport authority is as a regulator of safety, and security and facilitating flight services. With the important role of the Airport Authority, there are restrictions on areas that passengers and non-passengers may pass while in the airport area. If there is an unlawful act, a criminal sanction will be imposed based on the current law. Criminal sanctions for perpetrators of crimes in the aviation industry are in the form of imprisonment and administrative fines. Criminal imposition of perpetrators of aviation crimes is a logical juridical consequence of the implementation of these statutory provisions.]]>
<![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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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.]]>
