Mimbar Keadilan

https://jurnal.untag-sby.ac.id/index.php/mimbarkeadilan/issue/feed Mimbar Keadilan 2025-08-02T06:16:46+00:00 Prof. Dr. Made Warka, S.H., M.Hum. madewarka@untag-sby.ac.id Open Journal Systems Journal title: Mimbar Keadilan Initials: MK Abbreviation: Mimbar K. Frequency: 2 Issues per year (February & August) DOI: <a href=" https://search.crossref.org/?q=mimbar+keadilan ">DOI 10.30996/mk</a> P-ISSN: <a href=" http://issn.pdii.lipi.go.id/issn.cgi?daftar&1536311458&1&&">ISSN </a><a href="https://issn.brin.go.id/terbit/detail/1180432798">0853-8964</a> E-ISSN: <a href="https://issn.brin.go.id/terbit/detail/1536311458">ISSN 2654-2919</a> Editor in Chief: <a title="Profesor" href="https://scholar.google.co.id/citations?hl=en&user=molq5DYAAAAJ&view_op=list_works&sortby=pubdate">Made Warka</a> Publisher: <a href=" http://hukum.untag-sby.ac.id/"> Bachelor of Law, Law Faculty, Universitas 17 Agustus 1945 Surabaya</a> Citation: <a href="http://sinta.ristekbrin.go.id/journals/detail?id=4181"> SINTA</a><a href="https://scholar.google.com/citations?hl=en&user=g1U6qBsAAAAJ"> Google Scholar</a><a href="http://garuda.ristekbrin.go.id/journal/view/8814"> Garuda</a><a href="https://app.dimensions.ai/discover/publication?and_facet_journal=jour.1314504&search_text=mimbar%20keadilan&search_type=kws&search_field=full_search"> Dimensions</a> Discipline: Pancasila; Law and Justice; Fairness and Equability; Humanity and Social Justice; Democracy and Constitution Mimbar Keadilan is a peer-reviewed journal, published by the Bachelor of Law, Law Faculty, Universitas 17 Agustus 1945 Surabaya. First published in 1996 and up to now there are as many as two editions per year. Each edition there are eleven articles. 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 Civil Law, Administrative Law, Indonesian Law, Constitutional Law, Criminal Law, International Law, Religion Law, Legal Philosophy, Customary Law, Human Rights Law. The Mimbar Keadilan is available in both print and online. The language used in this journal is English. Mimbar Keadilan and the Asosiasi Ilmuwan Praktisi Hukum Indonesia (Indonesia Scientists of Legal Practitioners Association) and Asosiasi Pengelola Jurnal Hukum Indonesia came into an agreement on journal publication cooperation in 2020. The email address is jurnalhmk@untag-sby.ac.id. <a href=" http://sinta.ristekbrin.go.id/journals/detail?id=4181">Since November 2019, this journal has been accredited Rank 3 as a scientific journal under the decree of the Ministry of Research, Technology and Higher Education of the Republic of Indonesia, Decree No. 30/E/KPT/2019, November 11th, 2019.</a> This journal has been indexed by: Sinta, Google Scholar, Dimensions, Garuda, LIPI, Zenodo, Academia, PKP Index, Scilit, etc. and has become a CrossRef Member, therefore, all articles published by MK will have unique DOI number. https://jurnal.untag-sby.ac.id/index.php/mimbarkeadilan/article/view/10860 Equity and Equality in Legal Safeguards for the Rights and Duties of Political Party Members: A Normative Analysis 2025-08-02T06:16:05+00:00 Sultoni Fikri sultonifikri@gmail.com Reza Maulana Hikam rezamh@hawaii.edu

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.

2025-07-21T03:15:57+00:00 ##submission.copyrightStatement## https://jurnal.untag-sby.ac.id/index.php/mimbarkeadilan/article/view/13134 Law and Justice in Timor-Leste: Challenges and Prospects 2025-08-02T06:16:11+00:00 Reinaldo Francisco Luis uchela123@gmail.com

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.

2025-07-21T03:37:28+00:00 ##submission.copyrightStatement## https://jurnal.untag-sby.ac.id/index.php/mimbarkeadilan/article/view/13150 Is ‘Priority’ Just? Rethinking Constitutional Fairness in Indonesia’s Mining Law 2025-08-02T06:16:23+00:00 Abd. Rohman 228213327@ogrenci.karabuk.edu.tr Rizky Bangun Wibisono rbangunwibisono@gmail.com

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.

2025-07-21T03:48:02+00:00 ##submission.copyrightStatement## https://jurnal.untag-sby.ac.id/index.php/mimbarkeadilan/article/view/13139 Enhancing Inclusive Access to Justice in Uzbekistan 2025-08-02T06:16:27+00:00 Muhammadiyev Bahrоmjоn Qоdirjоn bahromjonmuhammadiyev57@gmail.com

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.

2025-07-21T03:58:42+00:00 ##submission.copyrightStatement## https://jurnal.untag-sby.ac.id/index.php/mimbarkeadilan/article/view/131786 Revisiting Justice in Inclusive Education: A Case Study of Jombang 2025-08-02T06:16:30+00:00 Ahmad Sholikhin Ruslie ruslie@untagsby.ac.id Tina Fitria Ningtyas tina@gmail.com Nata Senora natasenora@gmail.com M. Ja'far Raihan Alfath jraihanA@gmail.com Maulana Berlian berlian@gmail.com

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.

2025-07-21T04:08:40+00:00 ##submission.copyrightStatement## https://jurnal.untag-sby.ac.id/index.php/mimbarkeadilan/article/view/13144 Access to Justice: Addressing Case Backlogs and Promoting Gender-Sensitive Alternative Dispute Resolution 2025-08-02T06:16:37+00:00 Khurshid Rajib khurshid.rajib@students.ru.ac.bd

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.

2025-07-21T04:17:36+00:00 ##submission.copyrightStatement## https://jurnal.untag-sby.ac.id/index.php/mimbarkeadilan/article/view/131947 Justice in the Internet Context: The Protection of Freedom of Expression Online Post Constitutional Court Decision Number 105/PUU-XXII/2024 2025-08-02T06:16:42+00:00 Syofyan Hadi syofyan@untag-sby.ac.id

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.