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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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Fairness in Re-Election: Examining Resignation Rules for Public Officials Through the Lens of Equality Before the Law Chrismawantika, Nurma
Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i1.12226

Abstract

The principle of equality before the law, which is the foundation of the country's legal system as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, emphasizes that all citizens have an identical position in the realm of law and government without any exceptions. However, the regulation of the Resignation of Public Officials who intend to run for re-election to public office shows variations among the various existing constitutional regulations. This disparity of rules has the potential to create unequal treatment of Public Officials, which substantively violates the principle of equality before the law mandated by the 1945 Constitution of the Republic of Indonesia. This study aims to identify and analyze the suitability of Resignation arrangements for Public Officials who will run for re-election to public office according to the perspective of equality before the law in the Constitution. This research is a normative juridical study with a statutory analysis approach, conceptual approach, and case study approach to explore legal concepts and provide comprehensive juridical prescriptions. Based on the research findings, the implementation of the law related to the Resignation of Public Officials who are running for office is still not fully in line with the principle of equality before the law, so that regulatory reconstruction is needed to create equality before the law for all potential Public Officials.
The Legal Liability of Beauty Clinics in Achieving Justice for Consumers Prayuti, Yuyut; Arini, Yeni; Risdiana, Yendi
Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i1.12271

Abstract

Beauty clinics have become an integral part of modern lifestyles, offering aesthetic solutions to enhance self-confidence. However, alongside their popularity, several challenges have emerged, including health risks stemming from hazardous chemicals, malpractice, and inadequate professional competence. Widespread consumerism often overlooks safety aspects, driven by media-induced unrealistic beauty standards. In this context, legal protection for consumers utilizing beauty clinic services is of paramount importance. This study aims to analyze the legal liability of beauty clinics in safeguarding consumer rights, focusing on the application of justice principles. These principles encompass distributive justice, which demands equitable access to services without discrimination, and procedural justice, which ensures transparency and active consumer participation in medical decision-making. Employing a normative juridical method. The findings reveal that, despite existing regulations outlining the obligations of service providers, numerous beauty clinics fail to adhere to established standards. Consumers often suffer harm due to unsafe procedures or the use of unregulated beauty products. In such instances, the BPSK offers an effective mechanism for dispute resolution, providing mediation, conciliation, and arbitration services characterized by low costs and simplified procedures. From the perspective of justice, ensuring that all consumers have equal rights to clear information and safe services is imperative. Furthermore, strengthening consumer involvement in medical decision-making processes is critical to avoiding the dominance of paternalistic relationships between healthcare providers and patients. By enforcing robust legal protections and adopting a holistic approach to justice, consumer protection in beauty clinic services can be significantly enhanced. This would not only mitigate potential harm but also foster a more balanced relationship between consumers and service providers.
Reviving House of National Representatives Power: A Normative Analysis Through the Lens of Fiqh Siyasah Dusturiyah Priyanto, Ari; Al arif, M. Yasin; Faizal, Liky; Sofiana, Anis
Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i1.12648

Abstract

This research aims to strengthen the institution of the House of National Representatives (DPD) in the national legislation programme, to be more representative in accommodating national aspirations. Through a normative juridical approach and analysis of Siyasah duturiyah, this research examines the principles of justice, deliberation, and participation under the values of Sharia in public policy making. This research is normative juridical research by collecting primary and secondary legal materials relevant to the research utilizing a statutory approach and conceptual approach in both positive law and siyasah duturiyah. The results found that to strengthen the control and development of DPD in the national legislation, it is necessary to amend the 1945 Fundamental law of the Republic of Indonesia, revise the Law No. 17/2014, revise the Law No. 27/2009, separate arrangements regarding the assignment and functions of DPD, adopt a strong bicameral system and likely bicameral. The impact is hoped to enrich the study in the field of Fiqh Siyasah and Fundamental law, especially in the context of developing a more inclusive legislative system under the framework of the Unitary Republic of Indonesia.
Restorative Justice in Narcotics Crimes Investigation: Implementation, Challenges and Obstacles Munandar, Tri Imam; Siregar, Elizabeth; Rakhmawati, Dessy; Adamy, Zulham
Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i1.11961

Abstract

This article aims to analyse the application of Restorative Justice in investigating narcotics crimes in the Jambi Police Jurisdiction and the obstacles encountered. The approach of restorative justice in the investigation of narcotics crimes in Indonesia is becoming increasingly popular, specifically in the context of handling addicts and victims of narcotics abuse to restore the conditions before the crime occurred, with a focus on rehabilitation and restoration of the relationship between perpetrators and victims (victimless). As empirical juridical research, this article refers to observing the operation of law in society. The results of this study indicate that the application of restorative justice for narcotic abusers must be carried out by referring to the criteria established in the National Police Regulation (Perkapolri) No. 8 of 2021 at the request of the family concerned, followed by an assessment of the perpetrator. However, there are impediments to implementing Restorative Justice, such as a lack of human resources with specific competencies and qualifications, as well as a lack of facilities for narcotics law enforcement at the Jambi Police Narcotics Unit. Therefore, considering that the application of Restorative Justice is time-limited, intense cooperation is needed for all parties who conduct assessments related to scheduling and human resources so that the application of restorative justice can be carried out in time. Furthermore, the Jambi Police Narcotics Unit's support facilities for law enforcement of narcotics crimes must be enhanced further to facilitate the realization of restorative justice.
Equity and Equality in Legal Safeguards for the Rights and Duties of Political Party Members: A Normative Analysis Fikri, Sultoni; Hikam, Reza Maulana
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.10860

Abstract

This article constitutes an examination of the legal protection of the rights and obligations of political party members, focusing on the crucial role of political party members in maintaining the health and dynamics of the political process. Additionally, this article comprehensively outlines the rights and obligations that govern the behavior of political party members. This research was conducted using the normative legal research method by analyzing primary and secondary legal materials, and applying normative or prescriptive analysis techniques. The analysis results indicate that the rights of political party members include the right to associate, assemble, express opinions, engage in politics, and obtain public office. Meanwhile, the obligations of political party members encompass concrete actions such as practicing Pancasila, upholding state integrity, participating in national development, upholding the supremacy of law, conducting political education, ensuring the success of general elections, and ensuring financial transparency. Furthermore, this article proposes improvements to Law No. 8/2008 in conjunction with Law No. 2/2011 to enhance the protection of the rights and obligations of political party members. This includes the important role of supervisory institutions and law enforcement agencies in safeguarding the rights and obligations of political party members, as well as ensuring compliance with the principles of democracy and the supremacy of law within the scope of political parties. In conclusion, this article provides a significant contribution to understanding the participation, rights, and obligations of political party members in the legal and democratic context of Indonesia.
Law and Justice in Timor-Leste: Challenges and Prospects Luis, Reinaldo Francisco
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.13134

Abstract

The legal and judicial system in Timor-Leste continues to face various structural and substantive challenges that hinder access to justice, particularly for communities in remote areas. The lack of judicial infrastructure, limited human resources, and the imbalance between customary legal mechanisms and the formal legal system are key factors that complicate the effective and equitable enforcement of the law. In the context of protecting vulnerable groups, such as women and children, the existing legal system has yet to fully provide optimal protection as mandated by the Constituição da República Democrática de Timor-Leste and other relevant legislation. This study aims to critically analyze the barriers and challenges to accessing justice in Timor-Leste and to evaluate the prospects for legal reform to enhance the effectiveness of the judicial system. Employing legal research methods and an empirical approach, this study examines the existing legal framework and its practical implementation through case studies and secondary data analysis. The findings reveal that the limited number of courts, the shortage of competent judges and prosecutors, and the unequal distribution of legal aid services constitute major obstacles within Timor-Leste’s judicial system. Furthermore, customary law—often the primary recourse for many communities—frequently conflicts with human rights principles, particularly regarding the protection of women and children. Legal reforms, including investments in judicial infrastructure, capacity building for law enforcement officials, and the harmonization of customary and formal legal systems, are essential to improving access to justice.
Enhancing Inclusive Access to Justice in Uzbekistan Qоdirjоn, Muhammadiyev Bahrоmjоn
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.13139

Abstract

Access to justice is a fundamental element in realizing an inclusive and democratic rule of law. In Uzbekistan, various reforms have been undertaken to enhance the affordability and accessibility of legal services for all members of society, particularly vulnerable groups such as women, children, and rural communities. However, several obstacles remain, including complex legal bureaucracy and a lack of public awareness regarding their legal rights. This study aims to analyze legal policies aimed at improving access to justice, identify the challenges faced, and explore strategies that have been implemented to create a more inclusive legal system. The research adopts a juridical approach, examining existing regulations and policies, along with an empirical analysis of the implementation of those policies in practice. The findings show that Uzbekistan has taken several progressive steps, including institutional reforms, the digitalization of the judicial system, and the provision of free legal aid. Nevertheless, challenges such as limited resources, rigid bureaucracy, and unequal access in rural areas remain major barriers. Therefore, a more integrated and collaborative approach involving the government, civil society organizations, and international institutions is required to ensure equitable justice for all citizens.
Access to Justice: Addressing Case Backlogs and Promoting Gender-Sensitive Alternative Dispute Resolution Rajib, Khurshid
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.13144

Abstract

Access to justice is a fundamental element in ensuring human rights and the rule of law. In Bangladesh, the judicial system faces serious challenges, most notably the issue of case backlogs that hinder the timely, fair, and efficient resolution of disputes. This study aims to analyze the root causes of the legal system’s congestion and to explore the potential of gender-sensitive ADR mechanisms as a means to broaden access to justice, particularly for vulnerable groups such as women. Using a descriptive qualitative approach, this study relies on secondary data from policy reports, academic publications, and relevant field studies. The findings indicate that the formal judicial system in Bangladesh is burdened by a lack of human resources and infrastructure, as well as by complex and gender-insensitive legal procedures. In contrast, ADR mechanisms such as mediation and arbitration hold significant promise for reducing the caseload of the courts and enabling more participatory and expedited dispute resolution processes. However, the effective implementation of ADR continues to face structural challenges, including gender bias, limited public awareness, and the need for institutional reform and gender-based training. Therefore, a multi-level approach that includes policy reform, gender-sensitive capacity building, and community advocacy is essential to promote a more responsive and inclusive legal system in Bangladesh.
Is ‘Priority’ Just? Rethinking Constitutional Fairness in Indonesia’s Mining Law Rohman, Abd.; Wibisono, Rizky Bangun
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.13150

Abstract

The governance of natural resources in Indonesia, especially the mining sector, remains a contested legal domain involving intersecting economic, political, and constitutional interests. Article 6 paragraph (1) letter j of Law No. 3/020 grants the central government the authority to designate WIUPK “on a priority basis,” raising constitutional questions about its alignment with Article 33 paragraph (3) of the UUD NRI 1945. Critics argue that the vague term “priority” invites discretionary abuse, perpetuates structural inequalities, and potentially legitimizes monopolistic practices in the name of development. This study aims to critically examine the constitutionality and practical implications of the said provision using a normative legal research approach. The method involves statutory analysis, jurisprudential review, and interpretative evaluation of relevant constitutional principles, including distributive justice and economic democracy. The findings suggest that while the provision may be justified as an affirmative policy instrument to promote equitable access to natural resources, its current formulation lacks clear legal criteria, thereby opening space for misuse. The Constitutional Court's Decision No. 77/PUU-XXII/2024 affirms that any prioritization must be grounded in transparent, accountable mechanisms and should reflect the principle of social justice. This decision also signals the importance of inclusive governance, public participation, and state responsibility in preventing legal inequality. Without substantial regulatory reform, the application of “priority” risks contradicting the very essence of constitutional fairness.
Revisiting Justice in Inclusive Education: A Case Study of Jombang Ruslie, Ahmad Sholikhin; Ningtyas, Tina Fitria; Senora, Nata; Alfath, M. Ja'far Raihan; Berlian, Maulana
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.131786

Abstract

Inclusive education has become a fundamental principle within the Indonesian education system as an effort to ensure equal rights for all children, including those with special needs. However, the implementation of inclusive education policies at the regional level, particularly in Jombang Regency, reveals a gap between normative discourse and the reality of practice on the ground. The Jombang Regent Regulation No. 39 of 2014 serves as the legal basis for the implementation of inclusive education; however, its application does not fully reflect the principle of substantive justice for children with special needs. This study aims to critique the policy using philosophical and normative approaches to analyze the role of the state as the organizer of inclusive education. The methodology employed is a qualitative approach with textual analysis of legislation and observation of policy implementation in inclusive schools in Jombang. The research findings indicate that although inclusive education policies are legally and formally regulated, many deficiencies persist in practice, such as the lack of support teachers, unprepared curricula, and insufficient funding. These findings reflect the state's failure to uphold the principles of social justice and human rights for children with special needs. Inclusive education should be understood as an integral part of the state's obligation to achieve substantive justice, rather than merely an administrative requirement.

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