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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.
Arjuna Subject : -
Articles 255 Documents
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Through the Justice and the Sovereignty Over Natural Resources: An Analysis of 100 % Foreign Direct Investor Ownership over Geothermal Sector Project
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.v17i1.10149

Abstract

The enactment of the Job Creation Law and the Presidential Decree Number 10 of 2021 concerning the Investment Business Sector has make it possible for foreign investors to gain 100% ownership over geothermal sector projects. This policy then raises an important question, which is whether such policy violates the Sovereignty over Natural Resources doctrine, and if so, what kind of policy should be made. This study aims to analyze Indonesia’s geothermal foreign direct investment policy through the Sovereignty over Natural Resources doctrine and implementation of the fair efficiency principle, which also includes aspects of efficiency and justice. This study is normative legal research using statute approach and conceptual approach. The result of this study indicates that, although 100% foreign investor ownership over geothermal exploitation projects could be seen as an efficient policy to attract investors. However, it is still lacking the proper regulation to ensure said policy will not cause harm to the people.
Fair Legal Measures: Addressing Cybercrime Through a Juridical Lenss in Cases of Online Fraud
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.v17i1.10174

Abstract

The widespread misuse of information technology is deeply concerning to society due to the prevalence of cybercrime. Cybercrime is a violation of the law by using social networks or the internet as a means of crime, obtaining data illegally, taking advantage and enriching oneself. Online selling business is one of several possibilities for online fraud. This research examines decision number 177/Pid.Sus/2021/PN Smn, specifically focusing on the application of Article 45A paragraph (1) in conjunction with Article 28 paragraph 1 of Law No. 19/2016. This study aims to determine the judge's consideration based on the above decision and the application of sanctions in accordance or not with the relevant article. The source is secondary data using research that is basically doctrinal or normative, case and legislative approaches. The defendant, Juari alias Johan Bin Djun Hie, has been legally found to meet the requirements outlined in the mentioned article of the decision. The panel of judges considered the facts presented, the prosecutor's indictment, the defendant's statement, the testimony of witnesses, and the submitted evidence when deciding on the case. The application of the witnesses is in accordance with the Article mentioned. The Defendant is subject to a maximum prison sentence of 6 years and/or a maximum fine of Rp. 1,000,000,000.00. The legal system must adapt to technological advancements to maintain its efficacy in enforcing the law. Lastly, ongoing crime prevention efforts involve a holistic approach, including public education, cyber security infrastructure development, and collaboration between public and private sectors. This multifaceted approach is essential for the legal system to effectively address the challenges posed by cybercrime in the digital era.
Presidential Threshold in The Election of The President and Vice President from A Constitution and Human Rights Perspective Sukadi, Imam; Jundiani, Jundiani; Bachri, Syabbul; Sinal, Mohamad; As-Suvi, Ahmad Qiram
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.v17i2.10320

Abstract

Art 222 Law Number 7 year 2017 concerning General Elections, regulates the provisions of the threshold where the acquisition of seats in the DPR must be 20 percent or obtain valid votes nationally as much as 25 percent then political parties can nominate and nominate pairs of presidential and vice-presidential candidates. Setting the Presidential Threshold in the election of President and Vice President in Indonesia from a constitutional and human rights perspective brings its own problems in the Indonesian constitutional system. The Presidential Threshold system does give rise to privileges for certain parties. This is because only parties that meet the threshold can compete directly in the presidential election. It is for this reason that the privileges of these major parties have given birth to political cartels. What is bad for democracy is that it eliminates equal competition for all potential candidates to contest the Presidential election. The Presidential Threshold is not justified in eliminating or emasculating the meaning of democracy which provides rights and freedoms for citizens. Among the constitutional rights include the right to vote, the right to nominate (the right to be a candidate), and the right to nominate candidates, these are rights guaranteed by the 1945 Constitution of the Republic of Indonesia which everything is reduced because of this Presidential Threshold provision.
Riding the Wave of Change: Unmasking Transformative Shifts in Digital Activism for Social Justice in Indonesia
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.v17i1.10452

Abstract

This research delves into the transformative shifts in social media use in Indonesia, exploring how it has become more than a personal necessity, evolving into a powerful tool for civic engagement and justice advocacy. Focusing on the "No Viral, No Justice" movement, we dissect its impact on the nation's digital landscape and law enforcement dynamics. The analysis reveals a complex interplay of positive change and potential pitfalls, including the risk of echo chambers. The study emphasizes the significance of digital activism, transcending its role as a mere trend, and underscores its importance in holding authorities accountable. The narrative navigates through real-life examples, such as the case of sexual harassment at the Indonesian Broadcasting Commission, illustrating how social media acts as a catalyst for justice. The reflection section addresses the looming threats associated with this evolving trend and proposes strategies for mitigation. This research contributes to understanding the nuanced role of social media in Indonesian society, shedding light on both its transformative potential and the imperative need for responsible digital activism.
Legal Protection and Principles of Justice for Women Post-Annulment of Marriage in Asset Division Yakin, Moh Ainul; Ma’ruf, Ali; Putri, Ervita Septyanto; Muslim, Haidi; Kurniawan, Michael Gilrandy
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.v17i2.10623

Abstract

The conception of marriage law in Indonesia is categorised into three groups, the first being the concept based on the Burgelijk Wetboek, the second after the enactment of the Marriage Law, and the third in accordance with Islamic law. A valid marriage gives rise to rights and obligations for both spouses, as well as property and children born during the marriage. However, if the marriage that is carried out does not meet the legal requirements of marriage, implications may arise, as illustrated in a case in South Kalimantan where the ex-wife tried to annul her husband's marriage to another woman. On these issues, this study examines the legal protection and application of the principles of justice for women in the context of the division of common property after the annulment of marriage. The main focus of the research is to analyze the legal impact of marriage annulment on women's rights to joint property and identify gaps in existing regulations. The research method used is normative juridical with a statutory and conceptual approach. The results show that women are often in a vulnerable position after marriage annulment, especially in terms of the division of joint property. Although the Marriage Law and the Compilation of Islamic Law regulate the division of joint property, its implementation in cases of marriage annulment still creates legal uncertainty. The principle of justice has not been fully realized.
In Pursuit of Justice: The Evolution of Social Work in Criminal Supervision Hajairin, Hajairin
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.v17i2.10806

Abstract

Social work punishment is a form of renewal of basic criminal punishment in Indonesia. Therefore, it is important to regulate the mechanism of social punishment supervision so that the implementation of social work punishment is in accordance with the objectives of punishment in Indonesia, one of which is to create a sense of security in the community. As a form of legal novelty, currently Indonesia does not have legal regulations governing the mechanism of supervision of social work punishment. The policy of social work criminal supervision greatly affects the legal framework in realizing justice. The purpose of this research is to explain the importance of legal reform in the supervision of criminal social work and provide ideas on the ideal model for criminal social work supervision in Indonesia. The method used in this research is normative juridical, by examining the application of rules or norms in positive law with a statutory approach, historical approach, and conceptual approach. The result of this research is that legal reform is needed so that Indonesia has rules governing the implementation of social work punishment in detail so that it can create justice and benefit in society. The ideal model of supervision of social work punishment in ius constituendum criminal law reform, namely by formulating a direct supervision model and using a global positioning system (GPS) by Community Supervisors and coordinating with the Prosecutor and the agency where the convict works.
Towards Achieving Substantive Justice: The Importance of Extending the Time Limit for Resolving Presidential Election Disputes Kharisma, Bunga; Satria, I Gde Sandy
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.v17i2.10924

Abstract

Presidential election dispute resolution (PHPU) is complicated because its scope covers the entire territory of Indonesia and its application to Indonesian citizens in various parts of the world. The PHPU dispute resolution process must also guarantee maximum protection of constitutional rights. This research uses normative research methods using secondary data sources. This aims to assess the urgency of extending the deadline for resolving presidential election disputes, which is currently 14 working days from the date of submission. Research sculpture approach and conceptual approach. These findings illustrate the need for changes to legislation to extend the time limit for resolving PHPU disputes beyond the existing 14-day limit. In practice, this time period does not provide maximum opportunity for the presentation of evidence. Historical analysis shows that from the 2004 presidential election to 2024, not a single PHPU demand has been granted, mainly because the demand cannot be proven. The author emphasizes that a time limit that is too early does not guarantee substantive justice, which includes not only fair and accurate decision-making, so rational considerations are needed that produce rational and logical decisions and a process that allows each party to present their arguments comprehensively and obtain fair treatment in the judicial process.
Distributive Justice Analysis in the Context of Workers' Leave Time Regulation: A Legal Perspective Yaqin, Robith Ainul; Wahjoeono, Dipo; Luis, Reinaldo Francisco
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.v17i2.10997

Abstract

The controversy surrounding Law No. 6/2023 revolves around the loss of the two-day weekend holiday entitlement for workers, the provision of only one day off in a six-day workweek, changes in working hours, which also affect rest time to only one day per week for a 6-day work schedule. The existence of a law should inherently provide fairness to society and contribute to the happiness of the people, but on the other hand, the government must also strive consistently to foster the economic growth of the population as a means to achieve social welfare. This research aims to investigate the regulation of workers' rest time under Law No. 6/2023 and to assess whether the provisions for rest time under Law No. 6/2023 have met the criteria of fairness for workers. To address these objectives, a normative juridical method with legislative and conceptual approaches is employed. Based on distributive justice theory, Law No. 13/2003 better reflects justice in labor relations in Indonesia as it considers basic needs, equality, and workers' contributions more comprehensively. Conversely, Law No. 6/2023, despite providing benefits to employers and potentially stimulating economic growth, appears to reduce the protection and welfare of workers, which can be deemed less fair according to distributive justice principles. Therefore, strict monitoring and improvements are necessary in the implementation of Law No. 6/2023 to ensure fairness for workers is maintained.
Legal Certainty in the Decisions of the Honorary Council of the Constitutional Court: A Case Study of Chairman Anwar Usman's Ruling Yanuarto, Totok; Sari, Pika; Anggono, Bayu Dwi; Tanuwijaya, Fanny
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.v17i2.11012

Abstract

The existence of the Constitutional Court in the life of the nation and state is in order to guarantee and prove the existence of positive law, especially laws, so that these laws remain in accordance with the constitution so that later the constitutional rights of citizens can be maintained. The purpose of this research is as evaluation material and learning material for law enforcers, students and other parties. This type of research is included in the juridical-normative category, namely research carried out by examining theories, concepts, legal principles and regulations that are appropriate and related to the object of research. The Constitutional Court decision that has been issued against Anwar Usman cannot be challenged in the State Administrative Court because the Constitutional Court's decision is not a state administrative decision so it does not fall within the scope of what can be litigated in the state administrative court. Another reason that could be the basis for approval or inaccuracy of the State Administrative Court's lawsuit in relation to the Constitutional Court's decision is related to the ad hoc nature inherent in the Constitutional Court. Compliance with ethical standards in the decision-making process in law enforcement agencies is a crucial element in maintaining the trust and reputation of state administration in the eyes of the public. The presence of ethical standards in the Constitutional Court is considered the basis for upholding constitutional principles which are moral and behavioral guidelines for all members of the judiciary.
Gender Justice Principles in the Islamic Inheritance System Ruslie, Ahmad Sholikhin; Wisnumurti, Rahadyan Widarsadhika; Muharman, Dedy
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.v17i2.11022

Abstract

This study aims to examine the principles of gender justice within the Islamic inheritance system, based on Surah An-Nisa’ verses 11-12, which stipulate a 2:1 ratio (a male receives two shares of the inheritance compared to a female). However, in the modern era, with changing times and human mindsets, as well as demands for equal rights, this 2:1 stipulation is considered a problem of justice. This research is normative juridical research, employing the library research method. The legal materials used include literature studies, such as interpretations of sacred texts, fiqh books, books, journals, previous research results, websites, and other writings related to the issues being studied. The results of this research indicate that justice refers to fair and equal treatment for every individual in accordance with the principles of the Qur'an and Hadith. However, in the context of Islamic inheritance distribution, challenges arise due to social and cultural changes that affect its interpretation and application. Although the principles of justice remain, there needs to be a renewal in the interpretation and implementation of Islamic law to reflect social and economic developments and to advocate for gender equality. This adaptation is not an effort to oppose culture or religion but a step towards a more just society for all individuals, regardless of gender. In making this adaptation, religious values and cultural traditions must be reinterpreted in accordance with the spirit of inclusivity and justice inherent in Islam, so that Islam remains a relevant moral and legal guide for its followers.

Page 23 of 26 | Total Record : 255

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