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Mimbar Keadilan
Published by Universitas 17 Agustus 1945 Surabaya
ISSN : 08538964     EISSN : 26542919     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 255 Documents
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Pembaharuan Sanksi Tindakan Kebiri Kimia Terhadap Pelaku Kekerasan Seksual Oleh Paedofil
Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v16i2.8735

Abstract

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.
Pertimbangan Hakim dalam Menjatuhkan Pidana Mati Terhadap Pelaku Tindak Pidana Turut Serta Melakukan Pembunuhan Berencana
Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v16i2.8691

Abstract

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.
Pertimbangan Hakim dalam Memutus Perkara Tindak Pidana Kekerasan Dalam Rumah Tangga
Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v16i2.8705

Abstract

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
President Elections Mechanism: Comparative Studies from Indonesia, Russia, and Türkiye
Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v16i2.8767

Abstract

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
Kekuatan Eksekutorial Putusan Majelis Pengadilan Pajak Terhadap Sengketa Pajak di Indonesia
Mimbar Keadilan Vol 16 No 2 (2023): Agustus 2023
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v16i2.8909

Abstract

The purpose of this study is to analyze taxpayers who refuse their legal remedies and do not carry out the decision of the Panel Judge at the Tax Court which is the final decision and has permanent legal force (In kracht Van Gewijsde), and to analyze taxpayers whose legal remedies are granted so that officials the government is obliged to implement the decision of the Panel Judge at the Tax Court. In the laws and regulations general provisions and tax procedures followed by tax laws and regulations, and continued with the formation of formal tax law arrangements and material tax laws, there are 3 (three) tax levies, namely fines, interest, and increases, for related violations with tax obligations, whether late or not yet reporting notification letters (SPT) both periodical and annual, also late or unpaid underpayment of tax payable which should be included if there is an audit result that causes underpayment to become a tax dispute. On the other hand, however, there is an imbalance of interest that should be received by the taxpayer, if there is a refund of the overpayment of tax that is not payable. This study uses a normative juridical method which analyzes using statutory approaches and approaches. The results of this study are to find out that taxpayers are willing to pay off their tax debts and if there are other reasons they can be given the opportunity to repay even though they are subject to additional interest and/or fines, and government officials also carry out fair execution if they have to return overpaid taxes, as well as providing an imbalance of interest if it turns out that there is a delay in returning it because the decision of the Tax Court is final and has permanent legal force.
Sengketa Laut China Selatan yang Bersinggungan Dengan Zona Ekonomi Ekslusif Indonesia di Utara Kepulauan Natuna, Provinsi Kepulauan Riau
Mimbar Keadilan Vol 16 No 1 (2023): Februari 2023
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v16i1.6967

Abstract

The purpose of this research is to describe China's unilateral claims in the South China Sea through the nine-dash line map that intersects with Indonesia's EEZ in accordance with UNCLOS 1982 where Indonesia finally took a stand on China's unilateral claims in the South China Sea in the northern sea of Natuna. It is hoped that this research can be useful as a basis for the development of science, especially in the field of international maritime law. This research uses a normative legal research method with statue approach and a case approach where various literature is related as secondary data that will strengthen the research arguments. Indonesia's relationship with China is heating up because China's unilateral claim in the waters of the South China Sea through a nine-dash line map is intersecting with the territory of Indonesia's maritime zone, the Exclusive Economic Zone of Indonesia in the Northern Natuna Islands of Riau Islands Province which has been recognized according to the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The results showed that the nine-dash line claims by China did not comply with UNCLOS 1982, a misunderstanding between Indonesia and China led the two countries to mediate and requested that China respect the provisions of international law, especially UNCLOS 1982 as the world maritime constitution.
Kedudukan dan Tanggung Jawab Induk Perusahaan Terhadap Pailitnya Anak Perusahaan
Mimbar Keadilan Vol 16 No 1 (2023): Februari 2023
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v16i1.6980

Abstract

This research was conducted to explain the position of the holding company as a shareholder and creditor of a bankrupt subsidiary company in terms of Company Law and Bankruptcy and Postponement of Debt Settlement Obligation Law, furthermore, to explain the holding company’s responsibilities for the bankruptcy of the subsidiaries company which are bound by an obligation agreement to only sell the product of the subsidiary company to the holding company in terms of Company Law. This research method is carried out with normative juridical and descriptive-analytical research specifications that describe the practice of Limited Liability and/or Bankruptcy which will be analyzed based on relevant rules such as regulation, theory, and legal principles that are in accordance with the object of the problem, along with that this research was conducted by field research by interview a curator. Then, research specifications with analytical descriptive that describe data on the Company’s practices and/or bankruptcy which are then analyzed based on relevant rules that are in accordance with the object of the problem. The data analysis method is carried out in a qualitative juridical way that describes das sein on the company and/or bankruptcy and analyzes the data based on legal aspects or das sollen without using a diagram. The result of this research shows that when the bankruptcy happened in the subsidiary company, the position of the holding company as creditor and shareholder is different, therefore that position cannot be equaled at the time of payment, the shareholder must wait for the bill paid for the entire creditors are done. If there is still a remaining company asset, the shareholders are entitled to receive their shares. If the holding company through a loan agreement with a subsidiary company contains a clause that exploits the subsidiary company for the benefit of the holding company with bad faith, then the agreement must be null and void because it does not meet the legal requirements of the agreement objectively. As the consequence of the agreement, caused the subsidiary company to fall bankrupt, there has been an indication of piercing the corporate veil so that the position of the holding company as the shareholder and creditor of the subsidiary company, is not entitled to obtain the return of the debt and shares, however, the holding company must be responsible for the losses it incurred
Proses Penyidikan oleh Kepolisian Terhadap Tindak Pidana Perdagangan Orang dalam Aplikasi Whatsapp
Mimbar Keadilan Vol 16 No 1 (2023): Februari 2023
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v16i1.7570

Abstract

To understand the investigation into the crime of trafficking in persons on Whatsapp media and understand the obstacles in police investigations of social media such as WhatsApp. This research uses case studies, namely examining cases and taking data directly on the parties involved in the chance to be investigated. In this study, it was found that the perpetrators of the crime of trafficking in persons did so because of economic problems, and victims of the crime of trafficking in persons were forced to do so because they were entangled in the deceit of the perpetrators, the victim who was a good friend of the victim was deceived and ensnared so that he needed to undergo rehabilitation for the perpetrator's actions. Social media, such as Whatsapp, is a crime that is difficult to trace because the perpetrators of crimes can be outside the jurisdiction of the Pekanbaru Police, but successful investigations and investigations have been carried out due to reports and assistance from public information cooperation. Around and feel disturbed by this criminal act of trafficking in persons. The most common obstacles encountered in these investigative cases include internal barriers consisting of limited jurisdiction areas and cyber mastery constraints. Second, there are external constraints (investigations into victims and lack of public legal concern).
Family Resilience of MSMEs Traders after Toll Road Operation at Pasar Bengkel: Islamic Family Law Perspective
Mimbar Keadilan Vol 16 No 1 (2023): Februari 2023
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v16i1.7711

Abstract

This paper aims at seeking how the implementation of family resilience among MSMEs traders after the toll road operation in the view of Islamic family law. This research is empirical legal research with a legal sociology approach. Sources of data were taken from interviews with MSMEs traders and qualitative methods were used to analyze it. The results show that the operation of the Medan-Kualanamu-TebingTinggi toll road affects the economic income of merchant families, the resilience of merchant families is still relatively strong in the view of Islamic family law. This condition was marked by reaching their resilience in terms of aspects of marriage legality, household integrity, fulfillment of rights and obligations, and aspects of conflict management. The efforts made by the families of MSMEs traders after the operation of the Medan-Kualanamu-TebingTinggi toll road maintain family resilience including finding their jobs to cover their lack of income, being open about financial problems and maintaining good communication between family members. Whereas in general the concept of family resilience is still being implemented among MSMEs traders at Pasar Bengkel even though affected by the toll road operation.
Pelaksanaan Pengawasan Keimigrasian Terkait Kepatuhan Pelaporan Perubahan Alamat Orang Asing
Mimbar Keadilan Vol 16 No 1 (2023): Februari 2023
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v16i1.7726

Abstract

The purpose of this study is to clarify the status of the implementation of immigration control related to the handling of foreign address change registration and to clarify the efforts and obstacles made by Immigration Class I TPI Tanjung Perak. Compliance with the registration of change of address for foreigners. Based on Article 71 (a) of Law no. 6/2011 which states that every foreigner who is in Indonesian territory is required to provide all information in the form of his/her identity and family and to report any change in civil status, citizenship, employment, guarantor, and change of address to the local Immigration Office. As for the role of immigration in monitoring the movement of foreigners entering and leaving Indonesian territory as well as the presence and activities of foreigners within Indonesian territory, repressive measures are required to apply administrative and criminal sanctions to support immigration enforcement. The method used in this research is normative-empirical research. The results of this study found that foreigners entering Indonesian territory must be accurately registered at the TPI immigration data center upon arrival and supervised in detecting the presence of foreigners in certain areas, thus ensuring complete foreigners with adequate documents. clarity. Obstacles or problems that arise in the implementation of immigration control, such as a lack of personnel to transfer information, duties, and functions of administrative and external supervision. The steps taken to explore these obstacles are expected to maximize the performance of licensed immigration officers in carrying out their immigration functions.

Page 21 of 26 | Total Record : 255

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