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
255 Documents
<![CDATA[The Enigma of Humanistic Justice in Addressing Narcotics Abuse ]]>
<![CDATA[Febriana, Maria]]>;
<![CDATA[Albar, Mohammad Haris Yusuf]]>;
<![CDATA[Hakim, Adiyansyah Lukman]]>
<![CDATA[ Mimbar Keadilan Vol 17 No 2 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v17i2.11329
<![CDATA[Drug abuse is a complex problem that requires a comprehensive solution. This includes how the concept is used in various aspects of tackling drug abuse. Justice in drug abuse eradication is a complex enigma, especially when the approach taken tends to be repressive and pays less attention to humanitarian aspects. Restorative justice is an alternative paradigm for handling drug abuse in Indonesia by linking it to the values of Pancasila. Restorative justice emphasizes recovery, reconciliation, and reintegration of offenders, victims, and society. This approach is in line with Pancasila values such as humanity, unity, and social justice. Restorative justice does not only enforce the law, but also pays attention to the social and psychological aspects involved in drug abuse cases. Applying restorative justice to the rehabilitation of drug addicts helps them overcome their addiction and become productive members of society again. Implementing restorative justice requires the cooperation of various stakeholders, including government, law enforcement, and local communities. This research aims to explore and understand the complexity of humanistic justice in the context of drug abuse treatment, as well as examine the definition and concept of humanistic justice in the context of drug abuse. This research uses an empirical juridical method, with interviews conducted at the Kediri City Attorney's Office and observation visits to post-rehabilitation drug abusers. Results of this study show that to overcome this, a comprehensive approach is needed that affects many aspects of life. The noble values of Pancasila provide a solid foundation in developing effective coping strategies.]]>
<![CDATA[Legal Certainty and Procedural Justice in Land Management in Indonesia: Ensuring Rights Protection and Effective Dispute Resolution ]]>
<![CDATA[Sabdaningtyas, Yuniar]]>;
<![CDATA[Dewi, Putri Maha]]>
<![CDATA[ Mimbar Keadilan Vol 17 No 2 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v17i2.11475
<![CDATA[Land disputes are a persistent issue in many countries, including Indonesia, often complicated by conflicting land certificates and ambiguous regulations. This article explores the multifaceted aspects of resolving such disputes, emphasizing the pivotal role of land certificates in achieving legal certainty. In addressing these challenges, the research employs the juridical-normative legal method to analyze the complexities inherent in land dispute resolution. A significant finding is that disputes involving dual certificates frequently entail multiple stakeholders, necessitating a meticulous determination of rights and liabilities among the parties involved. Thus, the principle of dignified justice becomes paramount in adjudicating these disputes, ensuring equitable outcomes for all parties. The prevalence of dual certificates exacerbates legal uncertainty for landholders, undermining the efficacy of certificates as conclusive evidence of ownership. Consequently, there is a pressing need for legislative reforms aimed at fortifying the validity and indisputability of land certificates. Strengthening the legal framework is essential to uphold the integrity of property rights and enhance confidence in the judicial process. Agrarian reform emerges as a pivotal strategy in addressing these issues, offering a systematic approach to resolve disputes and establish robust legal frameworks. By reforming existing regulations, stakeholders can mitigate ambiguities and streamline processes, thereby fostering an environment conducive to sustainable development and equitable land distribution. Effective resolution of land disputes hinges upon collaborative efforts among diverse stakeholders, including government bodies, legal institutions, and community representatives. These collaborations are instrumental in devising comprehensive strategies that promote legal certainty and uphold justice.]]>
<![CDATA[Child Perpetrators and Victims: Criminal Policy Approaches to Sexual Violence in Indonesia through Restorative Justice ]]>
<![CDATA[Pirmansyah, Redi]]>;
<![CDATA[Arifin, Muh Zainul]]>;
<![CDATA[Iqbal, M.]]>
<![CDATA[ Mimbar Keadilan Vol 17 No 2 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v17i2.11550
<![CDATA[Criminal law embodies the principle of ultimum remedium, which means that prosecution is considered a final measure in law enforcement. This principle does not seek to eliminate punishment for offenders but rather aims to protect society from crimes by using prosecution as a last resort. Offenses are not only committed by adults but also by minors. With the rapid advancement of information and telecommunication technology, sexually explicit content has become widely available through electronic media. As a result, many children mimic behaviors they have seen or heard about, particularly since they are often given access to electronic devices such as smartphones and computers with internet access. This ease of access sometimes occurs without sufficient parental supervision, exposing children to inappropriate content. Given this context, the author is motivated to conduct research titled Criminal Policy for Addressing Sexual Violence Committed by Minors Against Minors in Indonesia. This study aims to explore effective legal measures and policies to address and mitigate such incidents. The research employs a qualitative method grounded in the theory of sanctions and the theory of legal effectiveness. By utilizing a criminological approach, the study seeks to analyze crime patterns associated with sexual violence perpetrated by minors. This includes examining the socio-cultural factors that contribute to such behaviors and evaluating the current legal framework's effectiveness in addressing these issues. Through this research, the author hopes to shed light on the complexities of juvenile delinquency in the context of sexual violence and to propose informed policies that can better protect minors from both committing and becoming victims of such offenses. The findings are expected to contribute to the development of a more effective criminal justice system that balances punitive measures with rehabilitative approaches, ultimately aiming to create a safer and more just society for all.]]>
<![CDATA[Ecological Justice: Optimizing Financing for the Transition to New and Renewable Energy Through Green Financing ]]>
<![CDATA[Indriastuti, Dwi Elok]]>;
<![CDATA[Fithri, Nur Hidayatul]]>;
<![CDATA[Gandryani, Farina]]>
<![CDATA[ Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v18i1.11111
<![CDATA[The transition to renewable energy became a current issue following the drafting of the New and Renewable Energy Bill. One problem with this transition is related to funding, which requires large funds, making it not possible to depend on funds derived from the state budget. Therefore, this article will analyze the optimization of funding from the private sector through green financing schemes. This is normative research through statute, conceptual and comparative approaches. The results show that reflecting on the implementation of green financing in China and South Africa, the formulation of Articles in the Draft Bill on Renewable Energy should explicitly mention green financing instruments such as green bonds and green sukuk as one of the sources of funding for the transition. The Draft Bill must also involve elements from the Financial Services Authority in its technical implementation. Moreover, the Financial Services Authority has issued POJK Number 18 of 2023 which can be linked to other funding sources for the transition to renewable energy.]]>
<![CDATA[The Ideal Concept of Requirements for Ad Hoc Human Rights Judges at the Supreme Court to Achieve Justice ]]>
<![CDATA[Panjaitan, Ananda Chrisna D.]]>
<![CDATA[ Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v18i1.11119
<![CDATA[Resolving severe human rights abuses in Indonesia requires serious efforts. One significant case, the human rights abuses in Paniai, remains unresolved and has not yet found justice. After the accused was acquitted, the Attorney General filed an appeal to the Supreme Court. However, the cassation process has not proceeded due to the absence of ad hoc human rights judges at the Supreme Court. The stringent requirements for ad hoc judges at the Supreme Court level serve as a barrier to attracting competent candidates. This study employs normative legal research methodology, utilizing both legislative and case approaches. The findings indicate that there is a need to amend the administrative requirements outlined in Paragraph 4, clauses (d) and (e), which pertain to the age and experience of prospective ad hoc judges. These requirements hinder qualified candidates, particularly those with expertise in severe human rights abuses, from applying. The inefficiency and ineffectiveness of these administrative criteria contribute to delays in resolving such cases. The study advocates for revising the age and experience requirements, emphasizing that the critical factor in resolving severe human rights abuses is the ad hoc judges' knowledge of victim rehabilitation and the imposition of appropriate penalties on perpetrators. Revising these requirements is essential to expedite the resolution of severe human rights abuses and to ensure a more effective judicial process.]]>
<![CDATA[Designating Prisoners as Justice Collaborators in the Pursuit of Justice ]]>
<![CDATA[Suryanegara, Fariz Dyza]]>;
<![CDATA[Setyorini, Erny Herlin]]>
<![CDATA[ Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v18i1.11145
<![CDATA[This research studies is the authority of the prosecutor's office in determining prisoners as justice collaborators. This research is research with a normative juridical type, statutory approach, conceptual and comparative approach, as well as deductive legal material analysis techniques to analyze the types and sources of primary and secondary legal materials. The aim of this research is to analyze the urgency of the Republic of Indonesia Prosecutor's authority in determining justice collaborator status for prisoners and its concept. The research results reveals that this concept of regulating the authority of the Republic of Indonesia Prosecutor's Office in determining justice collaborator status for convicts is in the form of a concept. First, the concept of regulating the designation of prisoners as justice collaborators based on Law No. 8 of 1981 concerning Criminal Procedure Law. Second, the designation of convicts as justice collaborators with a benefit orientation as a legal goal. Third, the concept of determining prisoners as justice collaborators is oriented towards justice as a legal goal. From these several concepts, the author urges the immediate formulation of legislative regulations in Indonesia to fill the legal vacuum in determining prisoners as justice collaborators, especially the Indonesian Attorney General's Office and the Indonesian DPR to make changes (revisions) to Law No. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Witness and Victim Protection. Also, the DPR RI also changed Law No. 11 of 2021 concerning Amendments to Law No. 16 of 2004 concerning the Indonesian Attorney General's Office by increasing the authority of the Prosecutor in determining justice collaborators for prisoners in this law.]]>
<![CDATA[Human Rights Implications of Tax Validation Policies on Land and Building Sales: A Social Justice Perspective ]]>
<![CDATA[Warsito, Lilik]]>
<![CDATA[ Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v18i1.11645
<![CDATA[One of the taxable objects is the transfer of rights over land and/or buildings. Land and buildings gain value as they can be transferred from their owners to others who desire them. The taxable object of the transfer of rights over land and/or buildings is subject to taxes from both the seller and the buyer. The seller is subject to income tax (PPh), while the buyer is subject to a tax in the form of a duty on the acquisition of rights over land and buildings (BPHTB). The taxable object of the duty on the acquisition of rights over land and buildings includes land, buildings, as well as land and buildings. This analysis examines land procurement from a Human Rights perspective. The fundamental values of Human Rights should underlie development, as there is a close connection between development and Human Rights. The quality of life of the affected community must be improved or at least remain the same as before the land acquisition. Land procurement activities should also accommodate the protection of the rights and interests of the community, including the right to receive welfare guarantees so that they do not become poorer than before their land was acquired. The principles of taxation that are universally recognized, namely justice, convenience, and administrative efficiency, as well as the enhancement and optimization of state revenue, should be upheld while maintaining self-assessment.]]>
<![CDATA[Election Omnibus: Efforts to Realize Legal Certainty in General Elections in Indonesia ]]>
<![CDATA[Riqiey, Baharuddin]]>;
<![CDATA[Janah, Miftaqul]]>
<![CDATA[ Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v18i1.11989
<![CDATA[Constitutional Court Decision Number 85/PUU-XX/2022 explicitly states that there is no longer any difference between the Election regime and the Regional Election regime. This decision, in addition to providing legal certainty regarding which institution is authorized to resolve disputes over the results of the Regional Election, on the one hand also creates legal uncertainty itself. The legal uncertainty is regarding the extent to which the Regional Election regime is merged into the Election regime as stated in the decision, whether it is only limited to the principles of implementation and institutions authorized to resolve disputes over results or all of them. On that basis, this study aims to examine and analyze the urgency of forming an omnibus Election law in order to realize legal certainty for Elections in Indonesia. This research is a legal research using a statutory approach, conceptual approach, and case approach. The results of this study indicate that the meaning of merging the Regional Election regime into the Election regime must be interpreted as a whole. Starting from the organizing institution, the principles of implementation, to the institution authorized to resolve disputes over results. So, it is important to form what is called an omnibus Election law. This is because to realize legal certainty; To implement Constitutional Court Decision Number 85/PUU-XX/2022; and To realize a meaningful election.]]>
<![CDATA[Religious Holiday Allowance as a Form of Justice for Casual Workers in Indonesia ]]>
<![CDATA[Sukadana, I Putu]]>;
<![CDATA[Afifah, Wiwik]]>
<![CDATA[ Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v18i1.12143
<![CDATA[Wage regulations are designed with the main objective of protecting the welfare of workers and providing a sense of justice for all workers. One form of wage that is a right for workers in Indonesia is the provision of Religious Holiday Allowance as non-wage income. The implementation of the provision of Religious Holiday Allowance has several problems such as being underpaid, not paid, paid late, and paid in installments as much as possible. In addition, there are also gaps and legal issues for casual workers with work intensity below 21 working days in a month and who have worked for more than 3 consecutive months, so they do not get Religious Holiday Allowance. The purpose of writing this journal is to analyze the regulation of the provision of Religious Holiday Allowance to casual workers under existing positive laws in Indonesia. The writing of this journal uses the normative juridical method through conceptual and statutory approaches. Based on the analysis that has been done, it shows that the Religious Holiday Allowance for casual workers who work with a working period of more than or less than 12 months and or work not full for 21 working days in a month, can cause legal problems due to unclear calculations so that the impact is not paid Religious Holiday Allowance. The sanctions for employers who do not pay Religious Holiday Allowance on time are fines and administrative sanctions. However, many casual workers do not settle the dispute, both litigation and non-litigation, due to the need for work in addition to the unequal position in the employment agreement.]]>
<![CDATA[Upholding the Rights of Persons with Disabilities Through the Difference Principle ]]>
<![CDATA[Shodikin, Miftakhul]]>;
<![CDATA[Hadi, Syofyan]]>
<![CDATA[ Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/mk.v18i1.12135
<![CDATA[The right to work is a right for every citizen to earn a decent living for humanity. However, injustice is still often felt by people with disabilities who often face challenges in accessing this right. The difference principle asserts that inequality is only acceptable if it provides the greatest benefit to the most disadvantaged. This principle is an appropriate analytical tool to evaluate how employment policies in Indonesia have succeeded in minimizing the inequalities faced by persons with disabilities. Therefore, this research aims to explain the difference principle prioritizes the well-being of those who are most disadvantaged or marginalized. This study aims to analyze the legal issues through a normative legal lens, incorporating both statutory and conceptual analysis. Through normative analysis and deductive reasoning, the result of this research is that the regulation of the right to work for persons with disabilities is not yet optimal in accordance with the difference principle. Such as special quota policies that are not accompanied by strict sanctions, training, and job fairs that are still general and have yet to fully meet the unique requirements of individuals with disabilities. The inclusive recruitment process, which should be a must, is a phrase in the article that regulates the possibility (optional) instead of an obligation (mandatory). Meanwhile, the limited authority of the Disability Service Unit (ULD) in the employment sector and the weak institutional structure of the National Commission on Disability (KND), which is far from independent, include the barriers that individuals with disabilities encounter in accessing their right to employment.]]>
