Mimbar Keadilan最新文献

{"title":"Tinjauan Yuridis Terhadap Penetapan Locus Delicti dalam Kejahatan Dunia Maya (Cyber Crime) Berkaitan Dengan Upaya Pembaharuan Hukum Pidana di Indonesia","authors":"Rani Purwaningsih, Rahmat Dwi Putranto","doi":"10.30996/mk.v16i1.8021","DOIUrl":"https://doi.org/10.30996/mk.v16i1.8021","url":null,"abstract":"Some of the majority of research highlights the problem of this mode of cybercrime and the need to reform the National Criminal Law to overcome it. What is also a problem is that crimes in cyberspace require a clear locus delicti or a clear place of occurrence because it is one of the requirements for examination by law enforcement agencies. This study aims to review from a juridical perspective the determination of locus delicti in cybercrimes related to efforts to reform criminal law in Indonesia. This study uses a normative juridical approach with a statutory approach. The results of the study concluded that the Criminal Procedure Code does not exclusively regulate how to mention tempus and locus delicti in the indictment. Therefore, the determination of the locus delicti of cybercrime uses the theory of the place where the crime was committed, the theory where the effect was caused, and the theory of the tools used to commit the crime. The problem of cybercrime is not just how to make criminal law policies related to it, but also how to harmonize policies between countries, because the problem of cybercrime has become an international problem and is no longer just a national crime problem.","PeriodicalId":150950,"journal":{"name":"Mimbar Keadilan","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126941112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Eksistensi Peraturan Daerah Kota Mataram Nomor 10 Tahun 2015 tentang Pedagang Kaki Lima dalam Meningkatkan Potensi Pajak dan Retribusi Daerah","authors":"Syamsul Irawan, Gatot Dwi Hendro Wibowo, Minollah Minollah","doi":"10.30996/mk.v16i1.8018","DOIUrl":"https://doi.org/10.30996/mk.v16i1.8018","url":null,"abstract":"The purpose of this study is to determine the existence of Mataram City Regional Regulation No. 10/2015 concerning Street Vendors (PKL) in increasing the potential for regional taxes and fees on the PKL sector in the regional government of Mataram city and the impact after the Street Vendors Sector (PKL) was designated as a Potential Regional Tax and Retribution in the Regional Government of Mataram City. The research method used in this research is Normative Law research method. While the technique of collecting legal materials in this study is to use library research. The results of this study are the existence of Mataram City Regional Regulation No. 10/2015 concerning Street Vendors cannot be used as a legal basis as a legal umbrella in determining the Street Vendors (PKL) sector as a potential Regional Tax and Retribution in the City of Mataram, because materially there is no article or paragraph material in it which mentions and discusses matters meant. This legal basis is absolutely necessary as a basis for street vendors to become potential regional taxes and levies for the city of Mataram. There are three impacts that arise after the street vendors sector is designated as a potential Regional Tax and Retribution. The first is against street vendors (PKL). Next to Non-PKL Traders. Then to the Government and Society.","PeriodicalId":150950,"journal":{"name":"Mimbar Keadilan","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115895173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pelaksanaan Pengawasan Keimigrasian Terkait Kepatuhan Pelaporan Perubahan Alamat Orang Asing","authors":"Lukky Aktivanto, Tony Mirwanto, Koesmoyo Ponco Aji","doi":"10.30996/mk.v16i1.7726","DOIUrl":"https://doi.org/10.30996/mk.v16i1.7726","url":null,"abstract":"The purpose of this study is to clarify the status of the implementation of immigration control related to the handling of foreign address change registration and to clarify the efforts and obstacles made by Immigration Class I TPI Tanjung Perak. Compliance with the registration of change of address for foreigners. Based on Article 71 (a) of Law no. 6/2011 which states that every foreigner who is in Indonesian territory is required to provide all information in the form of his/her identity and family and to report any change in civil status, citizenship, employment, guarantor, and change of address to the local Immigration Office. As for the role of immigration in monitoring the movement of foreigners entering and leaving Indonesian territory as well as the presence and activities of foreigners within Indonesian territory, repressive measures are required to apply administrative and criminal sanctions to support immigration enforcement. The method used in this research is normative-empirical research. The results of this study found that foreigners entering Indonesian territory must be accurately registered at the TPI immigration data center upon arrival and supervised in detecting the presence of foreigners in certain areas, thus ensuring complete foreigners with adequate documents. clarity. Obstacles or problems that arise in the implementation of immigration control, such as a lack of personnel to transfer information, duties, and functions of administrative and external supervision. The steps taken to explore these obstacles are expected to maximize the performance of licensed immigration officers in carrying out their immigration functions.","PeriodicalId":150950,"journal":{"name":"Mimbar Keadilan","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126493451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Proses Penyidikan oleh Kepolisian Terhadap Tindak Pidana Perdagangan Orang dalam Aplikasi Whatsapp","authors":"Aditya Pratama, Heni Susanti","doi":"10.30996/mk.v16i1.7570","DOIUrl":"https://doi.org/10.30996/mk.v16i1.7570","url":null,"abstract":"To understand the investigation into the crime of trafficking in persons on Whatsapp media and understand the obstacles in police investigations of social media such as WhatsApp. This research uses case studies, namely examining cases and taking data directly on the parties involved in the chance to be investigated. In this study, it was found that the perpetrators of the crime of trafficking in persons did so because of economic problems, and victims of the crime of trafficking in persons were forced to do so because they were entangled in the deceit of the perpetrators, the victim who was a good friend of the victim was deceived and ensnared so that he needed to undergo rehabilitation for the perpetrator's actions. Social media, such as Whatsapp, is a crime that is difficult to trace because the perpetrators of crimes can be outside the jurisdiction of the Pekanbaru Police, but successful investigations and investigations have been carried out due to reports and assistance from public information cooperation. Around and feel disturbed by this criminal act of trafficking in persons. The most common obstacles encountered in these investigative cases include internal barriers consisting of limited jurisdiction areas and cyber mastery constraints. Second, there are external constraints (investigations into victims and lack of public legal concern).","PeriodicalId":150950,"journal":{"name":"Mimbar Keadilan","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114722119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sengketa Laut China Selatan yang Bersinggungan Dengan Zona Ekonomi Ekslusif Indonesia di Utara Kepulauan Natuna, Provinsi Kepulauan Riau","authors":"Muhamad Haris Aulawi, Yodia Adriatami Edwina","doi":"10.30996/mk.v16i1.6967","DOIUrl":"https://doi.org/10.30996/mk.v16i1.6967","url":null,"abstract":"The purpose of this research is to describe China's unilateral claims in the South China Sea through the nine-dash line map that intersects with Indonesia's EEZ in accordance with UNCLOS 1982 where Indonesia finally took a stand on China's unilateral claims in the South China Sea in the northern sea of Natuna. It is hoped that this research can be useful as a basis for the development of science, especially in the field of international maritime law. This research uses a normative legal research method with statue approach and a case approach where various literature is related as secondary data that will strengthen the research arguments. Indonesia's relationship with China is heating up because China's unilateral claim in the waters of the South China Sea through a nine-dash line map is intersecting with the territory of Indonesia's maritime zone, the Exclusive Economic Zone of Indonesia in the Northern Natuna Islands of Riau Islands Province which has been recognized according to the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The results showed that the nine-dash line claims by China did not comply with UNCLOS 1982, a misunderstanding between Indonesia and China led the two countries to mediate and requested that China respect the provisions of international law, especially UNCLOS 1982 as the world maritime constitution.","PeriodicalId":150950,"journal":{"name":"Mimbar Keadilan","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123180028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Hukum Terhadap Perusahaan Pelayaran Atas Wanprestasi Pencarter dalam Perjanjian Pengangkutan","authors":"Zulfikri Marasabessy, D. Ramadhani","doi":"10.30996/mk.v16i1.7797","DOIUrl":"https://doi.org/10.30996/mk.v16i1.7797","url":null,"abstract":"Shipping companies are one of the parties that are vulnerable to becoming victims of default in a charter party agreement, thus in practice shipping companies as carriers always apply clauses of retention rights and sell cargo clauses in their charter party agreement. This research is a follow-up to earlier research that has discovered that charterers often commit acts of default, where this research focuses on legal protection for shipping companies in the event of default by charterers. This research is qualitative research using normative juridical research methods based on laws and case approach. A Charter party agreement is a legal relationship between the carrier and the charterer where the carrier binds himself to organize the transportation, nn the other hand the charterer binds himself to make payments. By the act of default committed by Bintang Sarana Laut, Co. Ltd. (charterer), Bendera Bahtera Kemenangan, Co. Ltd. (carrier) can terminate the agreement unilaterally without prejudice to their rights to demand reimbursement of costs, compensation, and interest. The law also gives the rights to Bendera Bahtera Kemenangan, Co. Ltd. to request guarantee before the cargo is delivered to Bintang Sarana Laut, Co. Ltd. But if Bintang Sarana Laut, Co. Ltd. doesn’t wish to provide any guarantee, Bendera Bahtera Kemenangan, Co. Ltd. can store the cargo and may file a lawsuit against Bintang Sarana Laut, Co. Ltd. and make a request to the court to give power for Bendera Bahtera Kemenangan, Co. Ltd. to sell the cargo as payment for charter and storgae fees. The method used by Bendera Bahtera Kemenangan, Co. Ltd. in resolving the default disputes in the charter party agreement is through a consensus deliberation mechanism.","PeriodicalId":150950,"journal":{"name":"Mimbar Keadilan","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133636671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kedudukan dan Tanggung Jawab Induk Perusahaan Terhadap Pailitnya Anak Perusahaan","authors":"Viyoneta Purnama, Nyulistiowati Suryanti, E. Rahmawati","doi":"10.30996/mk.v16i1.6980","DOIUrl":"https://doi.org/10.30996/mk.v16i1.6980","url":null,"abstract":"This research was conducted to explain the position of the holding company as a shareholder and creditor of a bankrupt subsidiary company in terms of Company Law and Bankruptcy and Postponement of Debt Settlement Obligation Law, furthermore, to explain the holding company’s responsibilities for the bankruptcy of the subsidiaries company which are bound by an obligation agreement to only sell the product of the subsidiary company to the holding company in terms of Company Law. This research method is carried out with normative juridical and descriptive-analytical research specifications that describe the practice of Limited Liability and/or Bankruptcy which will be analyzed based on relevant rules such as regulation, theory, and legal principles that are in accordance with the object of the problem, along with that this research was conducted by field research by interview a curator. Then, research specifications with analytical descriptive that describe data on the Company’s practices and/or bankruptcy which are then analyzed based on relevant rules that are in accordance with the object of the problem. The data analysis method is carried out in a qualitative juridical way that describes das sein on the company and/or bankruptcy and analyzes the data based on legal aspects or das sollen without using a diagram. The result of this research shows that when the bankruptcy happened in the subsidiary company, the position of the holding company as creditor and shareholder is different, therefore that position cannot be equaled at the time of payment, the shareholder must wait for the bill paid for the entire creditors are done. If there is still a remaining company asset, the shareholders are entitled to receive their shares. If the holding company through a loan agreement with a subsidiary company contains a clause that exploits the subsidiary company for the benefit of the holding company with bad faith, then the agreement must be null and void because it does not meet the legal requirements of the agreement objectively. As the consequence of the agreement, caused the subsidiary company to fall bankrupt, there has been an indication of piercing the corporate veil so that the position of the holding company as the shareholder and creditor of the subsidiary company, is not entitled to obtain the return of the debt and shares, however, the holding company must be responsible for the losses it incurred","PeriodicalId":150950,"journal":{"name":"Mimbar Keadilan","volume":"257 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115265293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Hukum Pemegang Tanah Bekas Milik Adat Perorangan","authors":"Muchammad Yulianto, Elsy Pihawiani","doi":"10.30996/mk.v16i1.7876","DOIUrl":"https://doi.org/10.30996/mk.v16i1.7876","url":null,"abstract":"The purpose of this study is to analyze how the form of legal protection is given to holders of former customary land after the entry into force of Article 96 PP. 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration (hereinafter referred to as PP. No. 18/2021), wherein the provisions of Article 96 it is explained that written evidence of land formerly owned by custom (Petuk Tax Earth/Landrente, girik, pipil. Ketitir and Indonesian verponding) which are owned by individuals must be registered within 5 (five) years since the provisions of the Government Regulations are passed and in the event that the 5 (five) years period expires, written evidence of land formerly owned by custom is declared invalid and cannot be used as a means of proving the registration of land rights. The type of research used is normative legal research using statutory and conceptual approaches. Through this research, researchers offer preventive legal protections for holders of former customary land with a rights recognitions mechanism, in which the mechanism for recognizing this right is carried out by the applicant/owner of the former customary land by making a statement of physical ownership of the former customary land, made with at least 2 (two) witnesses, where later the statement letter was used as the basis for land registrations, as well as researchers offering repressive legal protection to former customary landholder by conducting a judicial review to on the PP. No. 18/2021.","PeriodicalId":150950,"journal":{"name":"Mimbar Keadilan","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132914760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Family Resilience of MSMEs Traders after Toll Road Operation at Pasar Bengkel: Islamic Family Law Perspective","authors":"A. Armansyah, Ibnu Radwan Siddik Turnip","doi":"10.30996/mk.v16i1.7711","DOIUrl":"https://doi.org/10.30996/mk.v16i1.7711","url":null,"abstract":"This paper aims at seeking how the implementation of family resilience among MSMEs traders after the toll road operation in the view of Islamic family law. This research is empirical legal research with a legal sociology approach. Sources of data were taken from interviews with MSMEs traders and qualitative methods were used to analyze it. The results show that the operation of the Medan-Kualanamu-TebingTinggi toll road affects the economic income of merchant families, the resilience of merchant families is still relatively strong in the view of Islamic family law. This condition was marked by reaching their resilience in terms of aspects of marriage legality, household integrity, fulfillment of rights and obligations, and aspects of conflict management. The efforts made by the families of MSMEs traders after the operation of the Medan-Kualanamu-TebingTinggi toll road maintain family resilience including finding their jobs to cover their lack of income, being open about financial problems and maintaining good communication between family members. Whereas in general the concept of family resilience is still being implemented among MSMEs traders at Pasar Bengkel even though affected by the toll road operation.","PeriodicalId":150950,"journal":{"name":"Mimbar Keadilan","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128985045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legalitas Hak Komunal Atas Kelestarian Hutan Adat di Wilayah Ibu Kota Nusantara","authors":"Indah Anggraini Novitasari, Farina Gandryani, Fikri Hadi","doi":"10.30996/mk.v16i1.8008","DOIUrl":"https://doi.org/10.30996/mk.v16i1.8008","url":null,"abstract":"The purpose of this research is to see the influence of the legality of indigenous forests in the Capital City area, after being designated as indigenous forests by the government, on their sustainability and the factors that influence their sustainability and damage. The 1945 Constitution of The Republic of Indonesia gave responsibility to the state to manage land, water, and natural resources in Indonesia to provide maximum benefits for the people. This is explicitly stated in The Constitution and refers to the existence of Indonesian agrarian reform. Law No. 3/2022 regulated special provisions regarding land acquisition for a public purpose in the construction of the new capital city called Nusantara. The relocation of the State Capital of Indonesia has an impact on all aspects of the life of indigenous peoples in the Capital City area, especially in the land sector. This is normative legal research using statute and conceptual approaches. Some of the factors affecting public awareness of indigenous forest protection include the fact that forests have many benefits for the survival of indigenous peoples socially, religiously, economically, and culturally. Therefore, the legal protection that indigenous peoples need, such as upholding customary rights and unique life norms in the capital city's community, agreeing on zoning regulations that do not damage local cultural values ​​and eliminate public interest in the development of the State Capital, and implementing a land registration program for people who undocumented.","PeriodicalId":150950,"journal":{"name":"Mimbar Keadilan","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127104565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}