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Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia

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Published by Universitas Islam Darul Ulum

ISSN : 25804561 EISSN : 2580457X DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

MIMBAR YUSTITIA publishes research on various topics, national laws and international law, including analysis on policies, verdict, and human rights issues. The journal has published some of the most popular and popular articles in this field. This is an invaluable resource for academics and also interested in current analysis of current legal issues. The journal is published by Faculty of Law Universitas Islam Darul Ulum Lamongan Indonesia.

Arjuna Subject : -

Articles 89 Documents

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PEMBERIAN GRASI OLEH PRESIDEN BAGI TERPIDANA ANTASARI AZHAR Bagus Teguh Santoso
MIMBAR YUSTITIA Vol 1 No 1 (2017): Juni 2017
Publisher : universitas islam darul ulum lamongan

Clemency and rehabilitation as the pardoning belong to the President’s prerogatives based on the attributie and discretion authority in consideration to endorse or to reject them. In the implementation of the prerogatives of the Presidential Decree (beschikking), the President should impose it wisely (guided by Principles of Algemene Beginselen Van Behoerlijk Bestuur) and by the concept of law (rechtmatigeheid). But in fact, politically there was “abuse of power” (detournement de povoir) and as if it were the President’s prerogatives in the field of discretion. It can be seen from the endorsement of Antasari Azhar clemency through the Presidential Decree No. 1 / G / 2017 dated on January 16, Th 2017, whereas in Antasari Azhar previous application for the clemency was rejected by the President pursuant to the Presidential Decree No.27 / G / 2015 dated on 27 July, Th 2015. As we all know the clemency application may strictly be purposed merely (1) onces (lex stricta, lex scripta, lex certa) as stipulated in Article 2 paragraph (3) of the Act No. 22 of 2002 as amended by the Act No. 5 of 2010 about clemency.

KAJIAN HUKUM DAN TINDAKAN BAGI PELANGGARAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Sulistyani Eka Lestari
MIMBAR YUSTITIA Vol 1 No 1 (2017): Juni 2017
Publisher : universitas islam darul ulum lamongan

Livestock waste as a negative factor on the farm is a phenomenon that can not be removed easily. On land, livestock waste can weaken the carrying capacity of the soil, causing soil pollution. While on the water, microorganisms pathogenic (disease causing) derived from livestock waste will pollute the marine environment. In addition, pollution of water, air and soil are also cases of pollution and environmental destruction that stand out as a result of rapid activity less maintain the aspect preservation of the environment. The issue of environmental pollution can be solved through medical aspects, planalogis, technological, environmental engineering, economics and law. In the perspective of environmental law, the completion of cases of environmental pollution environment includes three (3) fields at once, namely legal administrative environment, legal environment of civil and environmental law penal law as a logical consequence of the position of environmental law as the law is functional, thus, in terms of substance, job descriptions environmental law consists of: environmental law administrative, civil environmental law, environmental law penal law. Law No. 32 of 2009 on the Protection and Environmental Management delegate authority from central to local government which is to optimize the role of local governments in a bureaucratic environment ministry.

PERJANJIAN ASURANSI MELALUI TELEMARKETING DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2008 Didik Wahyu Sugiyanto
MIMBAR YUSTITIA Vol 1 No 1 (2017): Juni 2017
Publisher : universitas islam darul ulum lamongan

Development in the field of insurance sparked a new idea related to the form of marketing in offering its services products. some insurance companies in offering their services is to use the telephone communication network called Telemarketing. the product of this insurance service uses a form of pemasaraan where the prospective insured party can buy insurance products without the need to meet face to face and signed a written agreement. In Article 255 of the Criminal Code states that the insurance must be made in writing in the form of a deed called Polis. Records of Telephone Disclosures in insurance agreements through Telemarketing as evidence in the dispute of civil cases are indeed valid to be made or submitted as evidence evidenced by Article 5 of the ITE Law. The recording of telephone conversations in the category of evidence in accordance with Article 1866 of the Civil Code is included in the form of evidence of "Conspiracy" so that this affects from the legal force of this evidence which is not the same as the legal force such as the perfect written proof so that other evidence must be presented such as letters or written evidence.

STATUS HUKUM KEPEMILIKAN TANAH YAYASAN YANG BERSERTIPIKAT ATAS NAMA PERSEORANGAN Wenni Indita Yuliardani
MIMBAR YUSTITIA Vol 1 No 1 (2017): Juni 2017
Publisher : universitas islam darul ulum lamongan

This legal research is conducted because in reality still found the right to land owned by the foundation on behalf of the management. This fact raises legal issues concerning the legal status of ownership of certified foundations in the name of individuals. The focus of this legal research is to find a systematic explanation of the validity of the status of land owned by the foundation certified on behalf of the individuals based on the Foundation Law and the legal efforts of the foundation's board so that the foundation's land is certified on behalf of the Foundation. The problem approach used is the statute approach, the conceptual approach, and the historical approach. Based on the legal research conducted, it can be concluded that (1) the legislation, the foundation is one of the legal entity that can own the right to land so that the foundation land still certified on behalf of the individual is legitimate as the property of the foundation, by certain legal effort; (2) the legal remedies that a foundation can make for the land owned by a foundation certified in the name of an individual may be turned on behalf of the foundation by a reversal of the name on the basis of proof of release of the landrights by the person in the certificate as the owner of the foundation's land or heirs if the person concerned has passed away, or the board of the foundation filed a lawsuit to ensure that the land of the foundation certified on behalf of an individual is designated as the property of the foundation.

TEORI KEADILAN DALAM PERLINDUNGAN HUKUM BAGI KEPALA DESA DALAM MELAKSANAKAN KEBIJAKAN DESA ( Studi Kasus putusan perkara Nomor 66/Pid.Sus/Tpk/2015/PN. Sby ) Muhammad Mashuri
MIMBAR YUSTITIA Vol 1 No 1 (2017): Juni 2017
Publisher : universitas islam darul ulum lamongan

The village is the lowest organizational structure of government in Indonesia. The formation of political society in Indonesia originated from the village. In running the organization of village government, the village is led by the village head and assisted by the village apparatus. In the structure of the Indonesian governmental organization, the village head includes government officials, in this case the elected village government is based on direct election by the village community with a six-year tenure. The role of the village head is very important in the level of government in Indonesia, because the village policy that will control a government in the region is prosperous or not. With the existence of Article 26 paragraph (3) of Law Number 6 Year 2014 regarding the Village, the legal norm of the Village Head in implementing his policy has been given legal protection that can be used as a basis for seeking justice when dealing with law enforcers. However, philosophically, the legal protection for the Village Head itself must be set forth in a separate legislation, so in implementing its policy, the Village Head feels more confident with the legal certainty of their fate in leading a Village Government so that it will not affect the development and village empowerment.

TANGGUNG JAWAB PELAKU TINDAK PIDANA PROSTITUSI MELALUI MEDIA ONLINE Shalahudin Serba Bagus; M. Fariz Wahyu Pratama
MIMBAR YUSTITIA Vol 1 No 1 (2017): Juni 2017
Publisher : universitas islam darul ulum lamongan

Cybercrime is one of the forms or dimensions of contemporary evil that is one of the dark sides of technological advancement. One form of crime in the field of Cybercrime is the criminal act of online prostitution. The purpose of this study is to find out whether prostitution through online media is a criminal act and how the criminal liability to the perpetrators of prostitution crime through online media based on positive law in Indonesia with the decision of Pangkalpinang District Court number 267 / Pid.B / 2015 / PN. Pg. The research conducted in this journal is normative law research, this research uses the approach of legislation as well as the case approach. The result of the research is known that prostitution through online media is an act of criminal and criminal liability of the perpetrators of prostitution through online media found in the Book Criminal Law (Penal Code), Law Number 11 Year 2008 on Information and Electronic Transactions and Law Number 44 Year 2008 regarding Pornography.

PENGATURAN PAJAK RESTORAN ATAS FOOD TRUCK MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2009 TENTANG PAJAK DAERAH DAN RETRIBUSI DAERAH Ahmad Munir; Dea Arifka Andini
MIMBAR YUSTITIA Vol 1 No 1 (2017): Juni 2017
Publisher : universitas islam darul ulum lamongan

The development of restaurant business requires entrepreneurs to make creative innovation in business such as the existence of Foof Truck. Food Truck is a new model of bussiness for selling food by a car so that it can mobile to another places. The definition of restaurant in the restaurant tax regulation does not mention Food Truck, but there are similar concepts so that there are multi interpretations in that sense. Not only interpret the notion of the restaurant, but also understanding the subject, mandatory, and object of restaurant taxes. This study aims to analysis the Food Truck model whether it is included or not in the restaurant tax category in restaurant tax arrangements. The method used in this research is normative legal method, so the study in this research is focused with the approach of legislation and conceptual approach. The results of analysis of the Local Taxation and Retribution regulations will indicate whether Food Truck is or is not included in the restaurant taxes category.

Hak Politik Mantan Narapidana Untuk Mencalonkan Diri Sebagai Calon Kepala Daerah (Analisis terhadap Putusan MK. No. 42/PUU-XIII/2015) Muhammad Lutfi Hardiyanto; Shalahudin Serba Bagus; Ahmad Munir
MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017
Publisher : universitas islam darul ulum lamongan

This article discusses the political rights of former inmates to run for candidates for a mayor. This article is the result of an analysis of the decision of the Constitutional Court. No. 42/PUU-XIII/2015 which gives political rights to former inmates to run for a mayor candidate. Basic consideration (ratio decidendi) of the decision of the Constitutional Court namely; the right to vote and to be elected by a person can only be withdrawn on the basis of a court decision not in accordance with the provisions of law; a person who has served the sentence and left the prison is essentially a person who has repented and regrets his actions, so it is not appropriate to be given further punishment through the provisions of the law which prohibite the candidacy in the election of regional head. On that basis, the Constitutional Court granted the right to former inmates to run for regional heads. The Constitutional Court ruling has a legal effect on former prisoners who were previously not allowed to run for regional head candidates. Following the verdict of the Constitutional Court the right of prisoners has the same right to run in elections.

PENGUJIAN PERATURAN PERUNDANG-UNDANGAN DI BAWAH UNDANG-UNDANG OLEH MAHKAMAH AGUNG Sudarsono Sudarsono
MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017
Publisher : universitas islam darul ulum lamongan

In realizing unity in the legislation system in Indonesia, it is known that there is a Judicial Review conducted by the Constitutional Court and the Supreme Court. Article 9 of Law Number 12 Year 2011 concerning the establishment of laws and regulations states that the Constitutional Court has the authority to examine the legality of a law with the test stone of the 1945 Constitution of the State of the Republic of Indonesia, while the Supreme Court has the authority to examine the legality of a legislation under the law with a test stone legislation. The Supreme Court in exercising its authority has issued the Supreme Court Regulation No. 1 of 2011 on the Right to Material Test. In its development, the Supreme Court Regulation Number 1 Year 2011 needs to be refined, whether related to the definition of "laws and regulations" that become the competence of the Supreme Court, as well as the improvement of procedural law such as grace period of submission of answers, type of verdict, to the involvement of the parties in litigation a dispute on the Right to Material Test in the Supreme Court. The legal issues in this study are: (1) Competence of the Supreme Court in conducting examination of the petition for Material Test Rights; and (2) Procedural Law in the examination of the petition for Judicial Review of Judicial Rights by the Supreme Court. This research is legal research, with approach of statute approach and conceptual approach. From this study it is found that: (1) the definition of "legislation" which can be tested in the Supreme Court based on Supreme Court Regulation Number 1 Year 2011 is very open (open texture) and different from the definition of "legislation as Article 1 Number 2 of Law Number 12 Year 2011; and (2) in relation to the procedural law at the examination of the Material Rights Trial in the Supreme Court, it is known that the grace period of the response of only 14 (fourteen) days, the inappropriate "unlawful" decision, the involvement of the parties only submission of requests and answers only, to the model of execution of decisions that are not in accordance with the character of the test of a norm of legislation. From both of these things, it is necessary to improve the Supreme Court Regulation Number 1 Year 2011.

PERLINDUNGAN HUKUM TERHADAP BURUH WANITA SEKTOR PEKERJA RUMAH TANGGA (PRT) DI KOTA SURABAYA Muwahid Muwahid
MIMBAR YUSTITIA Vol 1 No 2 (2017): Desember 2017
Publisher : universitas islam darul ulum lamongan

Research on the legal protection of women workers housekeeper sector aims to answer the problem; how the legal protection arrangements for a domestic helper in the legislation, how application of legal protection against domestic servants in the city of Surabaya, what obstacles and solutions to the implementation of the legal protection. This study is an empirical law, sources of primary data obtained from the respondents, namely domestic, manpower officials, NGOs. Secondary data source of legislation. Data was collected through interviews, observation, and study documents, while data analysis using inductive thought pattern. The results showed: the setting of legal protection in labor law is limited to formal workers, domestic helpers work (PRT) in the legislation are not categorized as workers, so that their basic rights as workers are not guaranteed. Application of legal protection of women workers sector domestic workers (PRT) in the city of Surabaya is not maximized. Most domestic workers in the city of Surabaya who do not get their rights as workers such as the right to earn wages above the minimum wage city, leave entitlements, social security rights and workplace accidents. factors that affect the application of the maximum no legal protection for women workers sector domestic workers (PRT) in the city of Surabaya is as follows; First, juridical factors. Legally, domestic as normative informal workers do not enter the category of workers under Law No. 13 In 2003, the Second, sociological factors. Sociologically, the implementation constraints of legal protection for domestic workers domestic workers due to low education, economic urgency, domestic practices tend to closed and lack of control of the government.

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