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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 266 Documents
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Justice in the Internet Context: The Protection of Freedom of Expression Online Post Constitutional Court Decision Number 105/PUU-XXII/2024 Hadi, Syofyan
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.v18i2.131947

Abstract

The purpose of this study is to analyze justice on the Internet post Constitutional Court Decision Number 105/PUU-XII/2024 which provide strengthening of protection of freedom of expression on the Internet. This research is a normative legal research with a statutory, conceptual, and case approach. The results of the study found that restrictions on freedom of expression on the Internet in the Law on Electronic Information and Transaction are problematic because they are irrational, unfair, disproportionate, and tend to conflict with the 1945 Constitution of the Republic of Indonesia. Through Decision Number 105/PUU-XII/2024, the Constitutional Court has realized justice on the Internet by providing proportional protection of freedom of expression on the Internet. The decision provides freedom for everyone to express themselves on the Internet, such as conveying criticism, provided that their expression does not degrade the dignity or good name of others. Government institutions, professions, or positions are excluded from subjects that can be victims of defamation. The government can no longer prosecute citizens who criticize the policies it has taken. The decision provides guidelines for enforcing the law against violations of freedom of expression on the Internet.
Exploring the Justice Paradox in Clemency for Narcotics Convicts: A Case Study of Banyuasin Class IIB Prison Nikmatulo, Dodis; Achmad, Ruben; Wardhana, Arief Wisnu
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.v18i2.13055

Abstract

The granting of clemency as a presidential prerogative within the Indonesian legal system has sparked considerable debate, particularly when applied to narcotics offenders classified as perpetrators of hard crimes. This study examines the case of Muhammad Aldin Purwanto, a narcotics convict who was granted clemency in the form of sentence reduction, despite having previously been sentenced to seven years' imprisonment for acting as an intermediary in the sale of a Schedule I narcotic substance. Clemency was granted on the grounds of good behavior and his role as the primary breadwinner for his family. This research aims to analyze the granting of clemency within the framework of justice, employing a normative juridical method with both conceptual and case study approaches. The study reveals a tension between the principle of retributive justice, which demands proportionate punishment for criminal acts, and the restorative justice approach, which emphasizes offender rehabilitation. The clemency granted in this case presents both a moral and legal dilemma, as it may be interpreted as a denial of retributive justice and a dilution of the meaning of criminal responsibility. The findings suggest that the absence of clear parameters for granting clemency creates vulnerabilities to policy deviation, potentially undermining the legitimacy of the criminal justice system itself. Therefore, a reformulation of clemency policy is necessary through clearer legal regulation, grounded in justice-based principles. Clemency should be guided by rational, objective, and balanced legal considerations that weigh both the rights of the convict and the public sense of justice.
Settlement of Sexual Violence Cases Against Boys with Bisexual Perpetrators in Wonogiri from a Justice Perspective Kurnianingsih, Marisa; Rachmawati, Elisa; Kuswardani, Kuswardani; Hartanto, Hartanto
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.v18i2.13100

Abstract

This research was conducted to find out how sexual violence against boys with bisexual perpetrators in Wonogiri is resolved. Sexual violence is now widespread and increases every year. The perpetrators of sexual violence are mostly adults, and the victims are girls, but currently, many boys are also victims of sexual violence. In Wonogiri in 2021, there were cases of sexual violence involving bisexual perpetrators and male victims. This research aims to provide an explanation regarding the resolution of cases of sexual violence against boys with bisexual perpetrators in Wonogiri using empirical juridical writing methods, with the type of research using descriptive research, with primary and secondary data sources, and using observational data collection methods. and interviews. This research was carried out at the Wonogiri Police Office, Criminal Investigation Unit, and Wonogiri Regency PPA Unit, and an analysis was carried out of court decisions regarding the judge's consideration of the impact of sexual violence on victims in making their decision. Based on research, it was found that the handling of sexual violence cases was carried out by the Wonogiri Regency PPA Unit, and in court decisions, it was discovered that the victims of sexual violence with bisexual perpetrators were traumatized by the incident, so that it was used as a basis for criminal charges by the judge.
Justice in Disarray? Assessing the Legitimacy of the Paris Agreement After the U.S. Withdrawal Christina Situmorang, Ave Agave; Kusuma, Winanda; Salfutra, Reko Dwi; Permatasari, Bunga
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.v18i2.132354

Abstract

The issue of climate change is a global environmental challenge that requires comprehensive collaboration between countries. The Paris Agreement was born as an international legal instrument under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC), with a nationally determined contributions (NDCs) approach and the principle of common but differentiated responsibilities. The United States, as one of the world's largest emitters, plays a key role in emissions reduction efforts and provides financial assistance to developing countries. However, the United States' unilateral decision to withdraw from the Paris Agreement during the Donald Trump administration, citing economic interests, has sparked debate regarding the binding force of international agreements. Through a normative legal approach and analysis of the 1969 Vienna Convention on the Law of Treaties, it was found that the United States' withdrawal contradicts the provisions of Article 62 concerning a fundamental change of circumstances. This situation demonstrates the dilemma between national sovereignty and compliance with global commitments. Therefore, strengthening the enforcement and implementation mechanisms of international agreements in the environmental sector is necessary to ensure the achievement of global ecological justice.
The Truth Behind the Label: Ensuring Fairness and Legal Liabilities in Skincare Ingredient Overclaims Margaret, Felicia; Sapni, Dripsy Teresa P.; Kongres, Evi
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.v18i2.132375

Abstract

Recently, interest in skincare products has grown dramatically. As a result, there is intense competition due to the emergence of numerous new skincare brands. Some skincare brands, in their pursuit of greater profits, resort to unethical practices, such as overclaiming the ingredients on the packaging. These exaggerated claims not only deceive consumers but also result in a significant discrepancy between the promised and actual ingredient composition which lead to potential harm to consumers' health and financial losses. This research's legal concern is corporate actors' liability for making exaggerated claims about the ingredients’ composition that harms consumers’ rights. This research offers a novel perspective to the legal protection for consumers by focusing specifically on ingredients overclaims in skincare products that do not match reality. The analysis is based on articles on consumer rights in Law No. 8/1999 using the normative legal method. Through this research, it was found that the legal responsibility of business actors is often hindered by gaps in law enforcement processes. These challenges, such as inadequate regulation enforcement and lack of transparency, must be addressed to mitigate the widespread phenomenon of ingredient overclaims in the skincare industry. In conclusion, effective legal safeguards and more stringent monitoring mechanisms are essential to uphold consumer rights and ensure fair business practices within the skincare sector.
Deconstructing the Criminal Justice System in Nepal: Toward a Victim-Centered Justice Paradigm within the Shadows of a Hybrid Legal System Lamicchane, Bimal Prasad; Dahal, Kabita
Mimbar Keadilan Vol. 19 No. 1 (2026): Februari 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i1.13160

Abstract

Nepal’s criminal justice system, despite undergoing legislative reforms, remains entangled in a historical legacy rooted in hierarchical social structures and patriarchal values. This legal system, marked by minimal implementation of justice principles, has yet to realize a truly participatory and victim-centered model of justice. This study aims to evaluate the extent to which legal reforms in Nepal have ensured more equitable and victim-oriented justice, and how legal transformation within the criminal justice system can be actualized. Through a critical examination of Nepal’s legal history, constitutional texts, and legislative reform initiatives, this article assesses the dissonance between progressive legal theories and practical implementation. Employing a normative-juridical approach with an emphasis on critical legal analysis and a comparative-historical perspective, the study reveals that, despite legislative efforts to reduce inequality and discrimination, law enforcement practices continue to reflect structural disparities that neglect the needs of victims and reinforce state dominance in criminal proceedings. Accordingly, current reforms remain insufficient to achieve substantive change and necessitate an ideological transformation toward a legal paradigm that is more responsive and sensitive to victims’ rights.
Justice Without Teeth: The Illusion of International Accountability in the Rohingya Crisis Mursito, Ananda Felix
Mimbar Keadilan Vol. 19 No. 1 (2026): Februari 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i1.131846

Abstract

Violence against the Rohingya community in Myanmar has emerged as one of the most systematic and brutal humanitarian tragedies in contemporary history. Amidst the realities of genocide, crimes against humanity, and forced deportation, international law faces an acute challenge in demonstrating its normative and operational reach. This article aims to provide a philosophical and juridical analysis of the international legal constellation surrounding the crimes committed against the Rohingya ethnic group, the responsibility of the State of Myanmar, and the failure of the international community to uphold the principles of justice. This study employs a normative-juridical method using both conceptual and case-based approaches, and it critically examines international legal norms such as the Rome Statute, the 1948 Genocide Convention, the principle of jus cogens, and the doctrine of erga omnes obligations. The analysis reveals that the crimes committed against the Rohingya community constitute not only grave violations of fundamental norms of international law but also reflect a collective failure of the global community in fulfilling its responsibilities. Moreover, the study identifies a stagnation in the enforcement of legal accountability, rooted in political factors, institutional weaknesses, and the normalization of diplomatic relations. The article recommends strengthening transnational mechanisms and establishing an ad hoc tribunal as necessary measures for the restoration of substantive justice for victims and for reaffirming the supremacy of international law over impunity.
Debt and Fiscal Justice in the Global South: Argentina and Indonesia under IMF and World Bank Intervention Wibisono, Rizky Bangun; Wijaya, Mohammad Aditya; Ariani, Chyntia Dwi; Faradis, Muhammad Aidil
Mimbar Keadilan Vol. 19 No. 1 (2026): Februari 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i1.132115

Abstract

This article examines sovereign debt as both an economic mechanism and a political instrument that sustains structural inequalities between the Global North and South. Through a qualitative comparative study of Argentina and Indonesia, and drawing on dependency theory, postcolonial political economy and fiscal justice frameworks, the paper argues that international financial institutions such as the IMF and World Bank constrain fiscal autonomy and policy space in developing countries. In the Indonesian context, domestic elites—including technocrats, oligarchs, and state bureaucrats—play a central role in entrenching project-based debt dependency for political and economic gain. While Argentina serves as a cautionary tale, early signs of resistance emerge through South-South cooperation and BRICS-led alternatives. By integrating structural and actor-centered perspectives, this study contributes to debates on global debt governance and calls for reforms that advance distributive and procedural justice in fiscal policymaking. Keywords: IMF, debt diplomacy, global inequality, fiscal justice.
Recalibrating Philippine Criminal Justice: A Legal Analysis of Restorative Justice within the Framework of the Juvenile Justice and Barangay Systems Liquigan Eustaquio, Theresa
Mimbar Keadilan Vol. 19 No. 1 (2026): Februari 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i1.132587

Abstract

The Philippine criminal justice system remains predominantly retributive, shaped by colonial legacies and a legal culture deeply entrenched in punitive responses to crime. While recent legislation, particularly the Juvenile Justice and Welfare Act (RA 9344), has introduced restorative justice mechanisms, their implementation remains limited in scope, uneven across jurisdictions, and largely confined to youth offenders. This creates a normative inconsistency that undermines the constitutional aspirations for a humane, equitable, and socially responsive justice system. This paper critically examines the structural contradictions within the current legal framework and assesses the potential of restorative justice as a legal and moral alternative in the Philippine context. Employing a doctrinal legal research method, supported by socio-legal analysis, the study investigates statutory enactments, jurisprudential developments, and institutional practices to map the operational boundaries and normative gaps in restorative justice implementation. The findings reveal that restorative justice in the Philippines lacks a coherent statutory foundation beyond juvenile justice, suffers from institutional fragmentation, and is hindered by the absence of inter-agency coordination among the DOJ, DSWD, LGUs, and civil society stakeholders. Despite this, the study affirms that restorative justice aligns with constitutional mandates on due process, social justice, and human dignity. It also offers a culturally resonant approach to justice, particularly when integrated with indigenous and community-based mechanisms. This paper concludes with a call for statutory reform, institutional redesign, and pedagogical transformation to mainstream restorative justice as a constitutionally grounded alternative to the prevailing punitive model.
The Paradox of Justice in the Free Nutritious Meal Program Lailatul Firdaus, Shintia; Dwi Astuti, Siti
Mimbar Keadilan Vol. 19 No. 1 (2026): Februari 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i1.132588

Abstract

The Free Nutritious Meal Program, initiated under Presidential Regulation No. 83 of 2024 concerning the National Nutrition Agency, represents a strategic government policy aimed at improving children’s nutritional quality as part of fulfilling the right to health guaranteed under Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, in practice, the implementation of MBG has generated serious problems, including mass food poisoning incidents affecting more than 7,000 students across various regions. This article employs a juridical-normative approach. The findings reveal that the absence of a regulatory framework—given that the implementation of MBG relies solely on internal technical guidelines of the National Nutrition Agency without a binding legal basis equivalent to a Presidential Regulation—has resulted in a normative vacuum, weakened food safety standards, and the lack of an emergency legal response mechanism. Such conditions amount to violations of the right to health, the right to food safety, and social justice. From the perspective of justice theory, although MBG was intended as an instrument of distributive justice, substantively it fails to deliver fairness and capability, instead creating new vulnerabilities for marginalized groups, particularly children. Moreover, the involvement of military and police apparatus in the management of the Free Nutritious Meal Program undermines the system of checks and balances in public administration, rendering MBG a concrete example of policy failure that erodes the principle of social justice.

Page 26 of 27 | Total Record : 266

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