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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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Perlindungan Hukum Terhadap Perusahaan Pelayaran Atas Wanprestasi Pencarter dalam Perjanjian Pengangkutan
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.v16i1.7797

Abstract

Shipping companies are one of the parties that are vulnerable to becoming victims of default in a charter party agreement, thus in practice shipping companies as carriers always apply clauses of retention rights and sell cargo clauses in their charter party agreement. This research is a follow-up to earlier research that has discovered that charterers often commit acts of default, where this research focuses on legal protection for shipping companies in the event of default by charterers. This research is qualitative research using normative juridical research methods based on laws and case approach. A Charter party agreement is a legal relationship between the carrier and the charterer where the carrier binds himself to organize the transportation, nn the other hand the charterer binds himself to make payments. By the act of default committed by Bintang Sarana Laut, Co. Ltd. (charterer), Bendera Bahtera Kemenangan, Co. Ltd. (carrier) can terminate the agreement unilaterally without prejudice to their rights to demand reimbursement of costs, compensation, and interest. The law also gives the rights to Bendera Bahtera Kemenangan, Co. Ltd. to request guarantee before the cargo is delivered to Bintang Sarana Laut, Co. Ltd. But if Bintang Sarana Laut, Co. Ltd. doesn’t wish to provide any guarantee, Bendera Bahtera Kemenangan, Co. Ltd. can store the cargo and may file a lawsuit against Bintang Sarana Laut, Co. Ltd. and make a request to the court to give power for Bendera Bahtera Kemenangan, Co. Ltd. to sell the cargo as payment for charter and storgae fees. The method used by Bendera Bahtera Kemenangan, Co. Ltd. in resolving the default disputes in the charter party agreement is through a consensus deliberation mechanism.
Perlindungan Hukum Pemegang Tanah Bekas Milik Adat Perorangan
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.v16i1.7876

Abstract

The purpose of this study is to analyze how the form of legal protection is given to holders of former customary land after the entry into force of Article 96 PP. 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration (hereinafter referred to as PP. No. 18/2021), wherein the provisions of Article 96 it is explained that written evidence of land formerly owned by custom (Petuk Tax Earth/Landrente, girik, pipil. Ketitir and Indonesian verponding) which are owned by individuals must be registered within 5 (five) years since the provisions of the Government Regulations are passed and in the event that the 5 (five) years period expires, written evidence of land formerly owned by custom is declared invalid and cannot be used as a means of proving the registration of land rights. The type of research used is normative legal research using statutory and conceptual approaches. Through this research, researchers offer preventive legal protections for holders of former customary land with a rights recognitions mechanism, in which the mechanism for recognizing this right is carried out by the applicant/owner of the former customary land by making a statement of physical ownership of the former customary land, made with at least 2 (two) witnesses, where later the statement letter was used as the basis for land registrations, as well as researchers offering repressive legal protection to former customary landholder by conducting a judicial review to on the PP. No. 18/2021.
Legalitas Hak Komunal Atas Kelestarian Hutan Adat di Wilayah Ibu Kota Nusantara
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.v16i1.8008

Abstract

The purpose of this research is to see the influence of the legality of indigenous forests in the Capital City area, after being designated as indigenous forests by the government, on their sustainability and the factors that influence their sustainability and damage. The 1945 Constitution of The Republic of Indonesia gave responsibility to the state to manage land, water, and natural resources in Indonesia to provide maximum benefits for the people. This is explicitly stated in The Constitution and refers to the existence of Indonesian agrarian reform. Law No. 3/2022 regulated special provisions regarding land acquisition for a public purpose in the construction of the new capital city called Nusantara. The relocation of the State Capital of Indonesia has an impact on all aspects of the life of indigenous peoples in the Capital City area, especially in the land sector. This is normative legal research using statute and conceptual approaches. Some of the factors affecting public awareness of indigenous forest protection include the fact that forests have many benefits for the survival of indigenous peoples socially, religiously, economically, and culturally. Therefore, the legal protection that indigenous peoples need, such as upholding customary rights and unique life norms in the capital city's community, agreeing on zoning regulations that do not damage local cultural values ​​and eliminate public interest in the development of the State Capital, and implementing a land registration program for people who undocumented.
Eksistensi Peraturan Daerah Kota Mataram Nomor 10 Tahun 2015 tentang Pedagang Kaki Lima dalam Meningkatkan Potensi Pajak dan Retribusi Daerah
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.v16i1.8018

Abstract

The purpose of this study is to determine the existence of Mataram City Regional Regulation No. 10/2015 concerning Street Vendors (PKL) in increasing the potential for regional taxes and fees on the PKL sector in the regional government of Mataram city and the impact after the Street Vendors Sector (PKL) was designated as a Potential Regional Tax and Retribution in the Regional Government of Mataram City. The research method used in this research is Normative Law research method. While the technique of collecting legal materials in this study is to use library research. The results of this study are the existence of Mataram City Regional Regulation No. 10/2015 concerning Street Vendors cannot be used as a legal basis as a legal umbrella in determining the Street Vendors (PKL) sector as a potential Regional Tax and Retribution in the City of Mataram, because materially there is no article or paragraph material in it which mentions and discusses matters meant. This legal basis is absolutely necessary as a basis for street vendors to become potential regional taxes and levies for the city of Mataram. There are three impacts that arise after the street vendors sector is designated as a potential Regional Tax and Retribution. The first is against street vendors (PKL). Next to Non-PKL Traders. Then to the Government and Society.
Tinjauan Yuridis Terhadap Penetapan Locus Delicti dalam Kejahatan Dunia Maya (Cyber Crime) Berkaitan Dengan Upaya Pembaharuan Hukum Pidana di Indonesia
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.v16i1.8021

Abstract

Some of the majority of research highlights the problem of this mode of cybercrime and the need to reform the National Criminal Law to overcome it. What is also a problem is that crimes in cyberspace require a clear locus delicti or a clear place of occurrence because it is one of the requirements for examination by law enforcement agencies. This study aims to review from a juridical perspective the determination of locus delicti in cybercrimes related to efforts to reform criminal law in Indonesia. This study uses a normative juridical approach with a statutory approach. The results of the study concluded that the Criminal Procedure Code does not exclusively regulate how to mention tempus and locus delicti in the indictment. Therefore, the determination of the locus delicti of cybercrime uses the theory of the place where the crime was committed, the theory where the effect was caused, and the theory of the tools used to commit the crime. The problem of cybercrime is not just how to make criminal law policies related to it, but also how to harmonize policies between countries, because the problem of cybercrime has become an international problem and is no longer just a national crime problem.
Two Settlement Pathways for Gross Violations of Human Rights Based on The Dignified Justice Theory Prasetyo, Teguh; Kameo, Jeferson
Mimbar Keadilan Vol 17 No 2 (2024): Agustus 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.9394

Abstract

Settlement of gross violations of human rights might be pursued by choosing two “paths” provided. The first “path” is via the Human Rights Court. This route is also called litigation settlement. The second path is an alternative “path”, and has been coined as the out of the Human Rights Court settlement. The problem is the Constitutional Court states that the alternative “path” as referred to in the Explanation of Article 47 of the Law on Human Rights Courts is contrary to the Constitution. As a result of the issuance of the Constitutional Court decision, the alternative “path” seems to be in a state of limbo, and this presupposes a legal issue of the lack of clarity on the meaning of a formulation of the applicable statutory provisions. In this paper, it is argued that Article 47 of the Law on Human Rights Courts still recognizes two “paths” for solving or settling cases of gross violations of human rights in the Pancasila legal system. The research method used in this paper is normative legal research, often known as the pure legal research method. It examined the primary legal materials. The theory used for understanding and explaining the problem is the Dignified Justice theory, the Indonesian Jurisprudence.
Muhammad Husein's Gender Perspectives on Inheritance in Mukomuko Customary Law
Mimbar Keadilan Vol 17 No 1 (2024): Februari 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.9398

Abstract

This research examines the transmission of the Mukomuko custom according to Muhammad Husein's perspective on gender studies, which posits that women possess equal status and responsibilities as males. This research aims to analyze the correlation between gender studies, as proposed by Muhammad Husein, and the inheritance system outlined in Mukomuko customary law. This research uses a normative juridical legal method using a statutory and conceptual approach. Data processing uses inductive techniques that describe the specifics of the Mukomuko traditional heritage in the study of Islamic law with a gender approach by Muhammad Husein. Data collection techniques are based on literature originating from previous research, which will later be analyzed by comparing the two inheritance studies. Data-gathering approaches rely on prior studies' literature, which will be analyzed by comparing the two inheritance studies. Research findings indicate that women benefit more economically from the Mukomuko custom's inheritance than men. In Mukomuko culture, the inheritance system gives priority to the maternal bloodline. According to Muhammad Hussein's gender perspective, it is important to note that this viewpoint does not align with Islamic law, as male body parts are not considered to be offered as gifts. As per Muhammad Hussein, the gender ratio is equal, with an even distribution of males and women. Muhammad Hussein's viewpoint demonstrates that Islam strongly values equality among all groups. The Quran unequivocally affirms the equality of all human beings in the eyes of Allah, with the sole distinguishing factor being their level of devotion
Constitutional Imperatives: Examining the Urgency of Term Limits for Members of the House of Representatives
Mimbar Keadilan Vol 17 No 1 (2024): Februari 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.9635

Abstract

UUD NRI 1945 is the highest law in Indonesia's hierarchy of rules and regulations. One of the principles adopted by the UUD NRI 1945 is the principle of constitutionalism. Proof that the UUD NRI 1945 adheres to the principle of constitutionalism can be proven by the existence of Article 7, Article 23E, Article 24A, Article 24B, and Article 24C of the UUD NRI 1945. Meanwhile, the DPR, one of the state institutions mentioned in Chapter VII of the UUD NRI 1945, does not regulate term limits. This research explains the urgency of regulating term limits for DPR members from a constitutionalism perspective. This research is normative legal research using a statutory, conceptual, case, and comparative approach. The results of this research show that the absence of regulations regarding term limits for members of The House of Representative in the UUD NRI 1945 is not in accordance with the principles of constitutionalism adopted by the UUD NRI 1945. The urgency of limiting the terms for members the House of Representative is to: (1) uphold the principles of constitutionalism, (2) prevent arbitrary actions, (3) realize legal certainty, (4) improve the implementation of democracy in Indonesia, (5) prevent authoritarianism, and (6) Carrying out regeneration.
Analyzing the Ratio Decidendi: Court of Appeals Decision Reversing District Court’s Ruling in an Election Process Dispute
Mimbar Keadilan Vol 17 No 1 (2024): Februari 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i1.9712

Abstract

In practice, the General Election process disputes must be brought before the State Administrative Court. Decision Number 757/Pdt.G/2023/PN Jkt.Pst exceeded its jurisdictional limits. This is because the Central Jakarta District Court ruled over the dispute when it did not have the authority. The decision was revoked by decision Number 230/Pdt/2023/PT DKI due to its violation of applicable regulations regarding absolute competence. The legal basis for this revocation has been underscored in Article 470 of Law Number 7 of 2017 concerning General Elections and Article 25 of Law Number 48 of 2009 concerning Judicial Power. This study aims to determine the legal principle of decision Number 230/Pdt/2023/PT DKI, which overturned the Central Jakarta District Court's decision regarding the dispute over the General Election process. The research methodology utilized in this inquiry is normative legal research incorporating a statutory, conceptual, and case-based approach. The legal materials utilized include primary legal materials, such as laws, regulations, and court decisions, and secondary legal materials, including legal books, research journals, and theses pertinent to the research area. The findings indicate that the verdict issued by the DKI Jakarta High Court Judges' Panel was justified. As part of the Supreme Court's voorpost function, the Court of Appeals is responsible for addressing judicial technical and administrative matters that arise at the initial level.
Stakeholder Engagement: Analyzing the Role of Community Participation in EIA Document Crafting for PT Semen Indonesia's Cement Plant
Mimbar Keadilan Vol 17 No 1 (2024): Februari 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i1.9714

Abstract

This study aims to clarify the community involvement process in preparing AMDAL papers for the construction of a cement plant by PT Semen Indonesia (Persero) Tbk in Rembang Regency, Central Java Province. An Environmental Impact Assessment (AMDAL) document is mandatory for any development and mining operation and must be prepared by the party responsible. The community's involvement in decision-making and evaluation stages is crucial for the construction site. This research utilizes a normative technique incorporating a statutory, conceptual, and case-based approach. The findings illustrate community engagement through their involvement in preparing AMDAL papers. This study investigates the level of community engagement in preparing Environmental Impact Assessment (EIA) reports for establishing a cement factory by PT Semen Indonesia (Persero) Tbk in Rembang Regency, Central Java Province. Furthermore, it examines the disputes between PT Semen Indonesia (Persero) Tbk and the local community on regulating community involvement in preparing the Environmental Impact Assessment (EIA) document

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