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Jurnal Hukum Mimbar Justitia
ISSN : 24775681     EISSN : 25800906     DOI : -
Jurnal Hukum Mimbar Justitia is a periodic Scientific Journal published by the Law Faculty of Suryakancana University twice a year, in June and December. Having a vision to be the leading Scientific Journal in Disseminating and Developing legal thinking results. Receive research papers, reviews and reviews of books, both in Indonesian and English.
Articles 36 Documents
KEABSAHAN SERTIFIKAT JAMINAN FIDUSIA ATAS BARANG MILIK PIHAK KETIGA YANG DIJAMINKAN SECARA MELAWAN HUKUM Kamilah, Anita
Jurnal Hukum Mimbar Justitia Vol 4, No 1 (2018): Published 30 Juni 2018
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Abstract

Sustainability of national development is the increase in the life of the community effort that is supported through the granting of credit facilities or loans, as the provision of money or bills that can be equated with that loan agreement borrow the returns are made on a period of time to come. In order to provide protection and reassurance against creditors in obtaining her credit refund, the Government ratified the Act No. 42 Year 1999 About the Fiduciary Guarantee gives the right to the lender through fiduciary certificates as material warranties that are submitted on the basis of trust, where the owner can still use his guarantee for economic activities. The ease, often abused the debtor not good intentioned one through the securing of objects belonging to third parties fiduciary are against the law to the detriment of creditors because it resulted in no fiduciary guarantee legitimately so the lender no longer has the right to obtain payment preferent precedence if the debtor tort in fulfilling the obligation payment of his credit. In addition, the owners of goods that harms his ownership was made the object of a fiduciary guarantee. Legal protection for owners of goods due to the securing of objects that are against the law of fiduciary relationships can do the prosecution indemnity as well as requesting removal of the disturbances a pleasure over the right material.Keywords: Fiduciary Certificates, Credit, Against The Law, Torts.
TANGGUNG JAWAB DOKTER DALAM MELAKUKAN ABORSI TANPA SEIJIN IBU YANG MENGANDUNG ATAU KELUARGA DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA Utami, Tanti Kirana; Mulyana, Aji
Jurnal Hukum Mimbar Justitia Vol 1, No 2 (2015): Published 30 Desember 2015
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A doctors liable criminally to do an abortion without any permission orexplanation before an abortion to the pregnant or the family. A doctor’s Criminalliability that does an abortion as a medical indication without any permissionfrom the pregnant mother or the family is considered as a subjection to criminalpenalties if the abortion is not done under emergency situation. Otherwise, doctoris not liable to the law. The writing uses juridical normative approach andobserved using primary, secondary and tertiary literature. The technique ofcollecting data is obtained by researching the literature. After observing, theliterature is analyzed by qualitative method. The result of this research is that anabortion case as a medical indication without any permission from the pregnantmother or the family is subject to criminal penalties, civil liability andadministrative sanctions. It is stipulated in criminal code and civil code, so thatabortion is absolutely prohibited.Keywords: Abortions, Responsibility Doctors, Without Permission Mother orFamily.
MASALAH RAWAN DALAM HUBUNGAN INDUSTRIAL DAN KONSEP NEGARA KESEJAHTERAAN INDONESIA Zulkarnaen, Ahmad Hunaeni
Jurnal Hukum Mimbar Justitia Vol 2, No 2 (2016): Published 30 Desember 2016
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The Indonesian’s Development goal is to achieve national stability, including economical stability, the achievement of nationally economical stability, determined by the stability in the sector of production of goods and services, or its stability in the sector of production of goods and services is the supporting factor to the dominant of national development programs especially economic development program. One of the requirements to achieve stability in the sectoral production of goods and services is the condition of harmonious industrial relations based on Pancasila in the form of peaceful in working situation or industrial peace, is a dynamic condition in working, where there 3 (three) important elements: first the guarantee implementation on rights and obligations; second, conflict can be resolved internally; third, strikes and lockouts (lock-out) should not be used to impose willingness, because conflict could have been resolved well. In fact, in creating a harmonious industrial relations is not easy, there are some contributing factors such as; workers / laborers factor, employers factor, and public administration factor.Keywords: Industrial Relationship Problem, Indonesian Welfare State Concept
PENALARAN HUKUM YANG MAMPU MEWUJUDKAN TUJUAN HUKUM SECARA PROPORSIONAL Setiawan, Agus
Jurnal Hukum Mimbar Justitia Vol 3, No 2 (2017): Published 30 Desember 2017
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On the activity of legal reasoning, legal objective embodiment in the form of: justice, legal certainty, and kemanfaaan sometimes not achieved proportionately or even forgot or did not understand that the purpose of law should be the third contained proportionally in any legal ruling.  The third objective will be achieved proportionately, by finding the point of the link between the reasoning of the law with the purpose of the law, the law of nature and the methods used to achieve the third objective of the law.The research was carried out using the method of legal research is research that is interdisciplinary collaboration and integration of the disciplines of law and other disciplines, which in this case is a philosophy.  This research is a study of the legal reasoning of how capable of realizing justice, legal certainty and benefit proportionately.  Therefore the examined was how the point links between legal reasoning with the purpose of the law, as well as what is the meaning of the law (the ontological aspect) and what is the method to achieve it (epistemological aspect).Research proves that there is a link between the point of law raised by Gustav Radbruch, namely: justice, legal certainty, and the benefit with the aksiologis of models of legal reasoning advanced by Shidarta.  With regard to the activity of the legal reasoning that is capable of realizing justice, legal certainty, and benefit proportionally; found that all the arguments of yuridik which is a legal ruling made by establishing practical law was supposed to interpret the law as positive norms within the system of legislation that pay attention to the principles of truth and justice universal or moral, the behavioral pattern of the terlembaga, and the symbolic meanings of social actors.Whereas the epistemological aspects of the law which is its method is deductive reasoning patterns doctrinal-in order to be empowered in order to achieve legal certainty and fairness as well as simultaneously using inductive reasoning patterns nondoktrinal-so are empowered to achieve benefit.  The pattern of reasoning is identical with the model of thought problematic tersistematisasi. Keywords: Law, Proportional Reasoning, the purpose of the law.
Peran Serta Masyarakat, Dunia Usaha dan Pemerintah Daerah Dalam Perluasan Kesempatan Kerja Berdasarkan Slogan CIANJUR JAGO dan Visi, Misi Kabupaten Cianjur (Dikaji Menurut Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan) Zulkarnaen, Ahmad Hunaeni
Jurnal Hukum Mimbar Justitia Vol 3, No 1 (2017): Published 27 Juni 2017
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ABSTRACTThe participation of the society, business community and the Government of Cianjurregency in creating the expansion of employment by the slogan "Cianjur Jago" in linewith the Vision of Cianjur Regency 2016-2021 "Cianjur Lebih Maju dan Agamis" (moreadvance and religious) and Medium Term Development Mission 2016-2021 for the nextfive years is a commitment to achieve the Vision of Cianjur, which is to increasedevelopment in all sectors without any boundaries. It should be recognize that human resources development in the economic field, is a very responsible prominent factor forthe Government of Cianjur in realizing the greatest prosperity for people by equity in afair and equitable target of growth and it can be enjoyed by all citizens for theachievement of Cianjur economical stability. Prospective workers, workers andlaborers are very vital role as actors and gaining economic development goals inCianjur where success is determined by the development of employment, equity andexpansion of employment opportunities as well as the provision of skillful workers andlaborers whose appropriate with the regional development Cianjur needs are thehuman resources manifestation.Keywords: The slogan "Cianjur Jago"; Vision-Mission, Business Participation, LocalGovernment Community of Cianjur Regency; Employment.
POTENSI PENYELEWENGAN ALOKASI DANA DESA DI KAJI MENURUT PERATURAN MENTERI DALAM NEGERI NOMOR 37 TAHUN 2007 TENTANG PENGELOLAAN KEUANGAN DESA Yulianah, Yuyun
Jurnal Hukum Mimbar Justitia Vol 1, No 2 (2015): Published 30 Desember 2015
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A lot of government aid which is allocated for village development is kind ofgovernment attention to rural areas. However, in this case the potency of Villagefinancial fraud is more likely to happen. It is not apart from the lack of thesupervision from district government officials on the funds flow process. In addition,which is also important is the human resources of government officials in the villageitself were generally weak. The amount of the Village Fund Allocation (ADD)received by the Head of Village is quite small and is not comparable with theresponsibility of the head of the village which is expected to organize villagedevelopment. Even worse, the ADD fraud culture by unscrupulous bureaucracy hascaused the fund received by the village was pretty small.Keywords: Regional Autonomy, Village Fund Allocation.
IMPLEMENTASI METODE BAGI HASIL DENGAN PRINSIP MUDHARABAH PADA BANK SYARIAH DI INDONESIA DIHUBUNGKAN DENGAN FATWA DSN NO. 15/DSN-MUI/IX/2000 Hermansyah, Hermansyah
Jurnal Hukum Mimbar Justitia Vol 4, No 1 (2018): Published 30 Juni 2018
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Today Islamic economy was recognized and growing in daily life, particularly  Indonesia, both in real sector and financial sector. One of financial organization which has significant role in satisfying social need is bank, particularly Islamic bank. The operational base of Islamic bank was settled in Law No. 21 of 2008 about Islamic Bank.  Dual banking system framework applied in Indonesia offer more alternatif option that can be chosed by Indonesian people. One of Islamic bank operational system is revenue sharing which can be applied in two method: profit sharing and revenue sharing. The research use a normative juridical approach that designed to find positive legal principles, analytical descriptive. The data collection techniques use literature study and field study, determination of sample in purposive sampling way and the data analysis using qualitative normative analysis. From research result can be conclused that first in  law of Islamic economy, the  profit sharing and revenue sharing methods is allowed by Islam law principle, second, application of mudharabah to customer savings in Islamic bank have two meanings; first,  mudharabah  as a product is applied to accumulation of funds, generally Islamic bank use revenue sharing and second, mudharabah as a system by which mudharabah is general guidelines for Islamic bank in performing various transaction of available banking product.Keywords: The Implementation Of Profit Sharing Method, Mudharabah Principle, Islamic Bank,  Fatwa DSN No. 15/DSN-MUI/IX/2000.
MODEL PENGELOLAAN SUMBER DAYA ALAM UNTUK SEBESARBESARNYA KEMAKMURAN RAKYAT Kuswandi, Kuswandi
Jurnal Hukum Mimbar Justitia Vol 1, No 2 (2015): Published 30 Desember 2015
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Legal political management of Indonesias natural resources is "the attitude and/or the attention of government/state of the management of natural resources in the form of policies as outlined in the Act and Regulation, where the rights of control by the state over natural resources as the primary basis and most fundamentally,its implementation by the state for the maximum kamakmuran people.Keywords: Economic Liberalization, Right to Control by the State, PublicWelfare.
PERLINDUNGAN DAN PENEGAKAN HUKUM TERHADAP KASUS KEKERASAN SEKSUAL PADA ANAK Handayani, Trini
Jurnal Hukum Mimbar Justitia Vol 2, No 2 (2016): Published 30 Desember 2016
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Few times ago, the Indonesian people shocked by sexual abuse case that occurred in educational institutions which was incidentally very trusted institution in building the children’s characters and the parental expectations for their childrens academic future. Cases that occurred outside the educational institution also very surprising, it was claimed more than 100 (one hundred) children were sodomized by a person who has well known by the victims. By promising cheap prize and by giving treatment so that they would not report as the victims of sexual violence to anyone. Victims and families delay in reporting to the police because they thought that sexual violence is considered a family disgrace, so there are a lot of victims.Keywords: Sexual Abuse, Victim, Child, and Family Disgrace.
PENEGAKAN HUKUM LEGALISTIK DALAM PERSPEKTIF SOSIOLOGIS Wiharma, Cecep
Jurnal Hukum Mimbar Justitia Vol 3, No 2 (2017): Published 30 Desember 2017
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The law societys awareness of the factors that strongly holds an important role in the efforts of the law enforcement itself, because it is this persfektif that need to be arranged so that the rule of law in this country can run. The relevance of the rule of law in the perspective of the rule of Justice as part of the legal consciousness of the public, is an alternative effort over mistrust against law enforcement officials of the ruling is positive and which is the mainstream of the view legalistic. When talking about the law in persfektif justice in the area of ethics or morality and does not discuss the legal issues in a sense narrow. How positive law is made, and whether it has made positive law represents the communitys sense of fairness, as well as the legal apparatus that this mentality of enforcing the law? The culture of the law society legal culture depends on its members which is influenced by the background of his education, the environment, culture, position, even the interests. Keywords: Law enforcement, Legal Awareness, and Justice

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