Media of Law and Sharia
Media Law and Sharia Journal (P-ISSN: 2721-1967 dan E-ISSN : 2716-2192) adalah jurnal hukum yang diterbitkan oleh Prodi Ilmu Hukum, Fakultas Hukum, Universitas Muhammadiyah Yogyakarta. Kehadiran jurnal ini bertujuan sebagai wadah aktualisasi pendapat, hasil-hasil riset, artikel ilmiah para sarjana hukum, akademisi, peneliti, dan praktisi hukum yang disebarluaskan secara publik demi kemajuan dan pengembangan ilmu hukum Indonesia. Jurnal ini diterbitkan empat kali setahun pada Maret, Juni, September, dan Desember. Lingkup tulisan yang dimuat mencakup seluruh aspek ilmu hukum positif nasional termasuk yang berdimensi hukum syariah di Indonesia.
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111 Documents
<![CDATA[Tanggung Jawab Negara dalam Pemenuhan Jaminan Sosial Persepektif Welfare State ]]>
<![CDATA[Tareq Jati Pamungkas]]>;
<![CDATA[Achmad Hariri]]>
<![CDATA[ Media of Law and Sharia Vol 3, No 4: September 2022 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Muhamadiyah Yogyakarta ]]>
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DOI: 10.18196/mls.v3i4.15198
<![CDATA[The welfare state is intended to provide social services for all its citizens, as well as possible. In the concept of a welfare state, a country provides assistance or social security with the aim of achieving prosperity and welfare for its population. This study aims to determine the implementation of state responsibilities in welfare. The problem studied in this research is how the form of state responsibility in the perspective of the welfare state and how the form of social security responsibility according to Law no. 24 of 2011 concerning BPJS in the perspective of the welfare state. This study uses a type of normative research method based on written regulations and literature study. The results of this study indicate that the responsibility given by the welfare state is in the form of social services. In an effort to be responsible for realizing a welfare state, it is to make social policies by providing basic protection and services for compulsory education, basic living needs, health care, and social protection to vulnerable groups.]]>
<![CDATA[Upaya Hukum Pemenuhan Hak Penyandang Disabilitas Selama Masa Pandemi Covid 19 ]]>
<![CDATA[Asmuni Asmuni]]>;
<![CDATA[Muflih Ramadhani]]>
<![CDATA[ Media of Law and Sharia Vol 3, No 4: September 2022 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Muhamadiyah Yogyakarta ]]>
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DOI: 10.18196/mls.v3i4.15843
<![CDATA[The COVID-19 pandemic threatens all humans in the world. Many people died due to the plague of the world that has not disappeared yet from human civilization. Ministry of Social Affairs in 2021 through the Management Information System for Persons with Disabilities as of January 13, 2021, there were 209,604 persons with disabilities in Indonesia. This figure is a reference that there are quite a lot of people with disabilities that need to be considered with a large number of people with disabilities. Persons with disabilities are a group that is vulnerable to today's conditions, the spread of the COVID-19 pandemic in Indonesia. This research aims to determine the government's legal responsibility for persons with disabilities during the COVID-19 pandemic in Indonesia through regulations and legal remedies for handling them. This research uses the juridical-normative method and the conceptual approach and the statute Approach. The results of this study reveal that Persons with Disabilities have a right to health that cannot be reduced and requires the presence of the government to protect fundamental rights, that is the right to health which is included in human rights that have been stated in the laws and regulations in Indonesia. The fulfillment of rights for persons with disabilities during the COVID-19 pandemic has not been fully regulated and implemented by the government. It has been proven in several cases that there is discrimination against persons with disabilities in obtaining easy access and protection during the COVID-19 pandemic]]>
<![CDATA[Penyelesaian Konflik Transportasi Angkutan Umum Dengan DAMRI oleh Dinas Perhubungan ]]>
<![CDATA[Muhammad Firly Rizky Fahreza]]>;
<![CDATA[Nasrullah Nasrullah]]>
<![CDATA[ Media of Law and Sharia Vol 3, No 4: September 2022 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Muhamadiyah Yogyakarta ]]>
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DOI: 10.18196/mls.v3i4.14331
<![CDATA[Transportation is one of the needs of the community that needs more attention from the government, given that transportation is something that cannot be separated from people's daily lives. Transportation that can deliver tourists to visit Parangtritis beach destinations, one of which is public transportation. Damri's entry into Bantul Regency was due to a program from the central government. This study aims to determine the role of the Bantul Regency Transportation Office in resolving the conflict between public transportation and Damri to support tourism transportation facilities in the Parangtritis area by knowing the supporting and inhibiting factors. The research method uses empirical juridical, with data collection techniques obtained by interviewing the Bantul Regency Transportation Office. The results of this study indicate the role of the Bantul Regency Transportation Office to resolve conflicts between Bantul Regency public transportation and Damri as a mediator. This mediation resulted in a principle where the parties from the Bantul Regency public transportation organization did not question the existence of Damri operating in the Parangtritis area of Bantul Regency with several provisions. But there are supporting and inhibiting factors, the supporting factor is that both parties can be invited and met in a good way to find a solution, the inhibiting factor is the time to bring the two parties together, because of the work or activities of each party. And during this Covid-19 pandemic, crowding activities are also not allowed.]]>
<![CDATA[Penegakan Hukum Tindak Pidana Pemalsuan Polis Asuransi ]]>
<![CDATA[Husna Husna]]>;
<![CDATA[Muh Endriyo Susila]]>
<![CDATA[ Media of Law and Sharia Vol 3, No 4: September 2022 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Muhamadiyah Yogyakarta ]]>
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DOI: 10.18196/mls.v3i4.14332
<![CDATA[The existence of insurance is very much needed by the community, especially in large-scale economic activities. The existence of community activities allows for a large risk, so insurance can be a solution to protect the object of insurance. Unfortunately, the use of insurance policies is often misused, namely falsification of insurance policies. Forgery of insurance policies is a crime that has implications for the loss of trust for the parties to the insurance agreement. This study aims to understand and find out how law enforcement against the crime of counterfeiting insurance policies at PT. Harta Aman Pratama, Tbk. Yogyakarta Branch. This research is an empirical juridical research, namely research that explores both primary data sources and secondary data in the form of legal materials. One of the legal materials studied is the decision of the Sleman District Court No. 529/Pid.Sus/2016/PN Smn. The results showed that law enforcement against the crime of insurance policy forgery that occurred at PT Harta Aman Pratama, Tbk Yogyakarta Branch was carried out through the process of investigation, prosecution, examination of court hearings and implementation of court decisions. The perpetrator was charged with committing a criminal act of policy forgery as stipulated in Article 78 of Law Number 40 of 2014 concerning Insurance jo. Article 64 paragraph (1) of the Criminal Code. During the examination at the Sleman District Court, the defendant was found guilty and sentenced to imprisonment for 5 (five) months and a fine of Rp. 10,000,000. (Ten million rupiah). The convict served his prison sentence at the Cebongan Prison, Sleman.]]>
<![CDATA[Optimalisasi Penjatuhan Hukuman Akibat Indisipliner Kerja Pegawai Negeri Sipil ]]>
<![CDATA[Fathur Rauzi]]>
<![CDATA[ Media of Law and Sharia Vol 3, No 4: September 2022 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Muhamadiyah Yogyakarta ]]>
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DOI: 10.18196/mls.v3i4.15844
<![CDATA[Discipline is the ability of Civil Servants to comply with obligations and avoid prohibitions regulated in the applicable laws and regulations. The purpose of this study was to determine the benchmarks for imposing disciplinary penalties in Article 4 letter f according to the level of discipline and type of discipline. The method used in this study uses a normative-empirical approach, namely looking for data in the literature in which there are laws and regulations which are further elaborated with an empirical approach, namely the working of these norms in an institution, especially Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. In this study, it was found that the imposition of disciplinary penalties for perpetrators who committed violations according to the author was not optimal because of the low understanding of the applicable laws and regulations and not optimal supervision from direct superiors. Disciplinary law against Civil Servants who violates Article 4 letter f in Government Regulation Number 94 of 2021 concerning Civil Servant Discipline is divided into three categories: 1) the category of light discipline does not come to work without a valid reason up to ten working days for a year , 2) category of moderate punishment violation without the principle of cooperation with twenty thirty days, 3) category of violation of law without the principle of cooperation as a whole 21 (twenty one) to 28 (twenty eight) working days and or continuously for 10 (ten) working days for a year]]>
<![CDATA[Sengketa Sertipikat Ganda Akibat Perbuatan Melawan Hukum ]]>
<![CDATA[Muhammad Daffa Ariansyah]]>;
<![CDATA[Reni Anggriani]]>
<![CDATA[ Media of Law and Sharia Vol 4, No 1: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Muhamadiyah Yogyakarta ]]>
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DOI: 10.18196/mls.v4i1.16829
<![CDATA[Legal certainty for land ownership in the form of a certificate has been regulated in Government Regulation Number 24 of 1997 jo. Government Regulation Number 18 of 2021, but not all certificates provide legal certainty, as in civil case No. 282/PDT.G/2020/PN SMG, namely land ownership disputes, namely the existence of multiple certificates of land rights on the same plot of land. The research is to find out how legal protection is related to legal certainty for holders of proof of ownership of land rights based on Government Regulation Number 24 of 1997 jo. PP Number 18 of 2021 concerning Land Registration by disclosing facts according to the conditions and realities that exist in society. The method used is normative. Legal certainty regarding land ownership is evidenced by a certificate that has been made in accordance with applicable procedures. The inhibiting factor for the government in the land registration process so that the products issued do not cause administrative defects is the existence of socialization from the government, in this case ATR/BPN, for all processes and documents that need to be considered in the land registration process.]]>
<![CDATA[Pertimbangan Hakim Terkait Penolakan Permohonan Poligami ]]>
<![CDATA[Mustika Anggraeni Dwi Kurnia]]>;
<![CDATA[Ahdiana Yuni Lestari]]>
<![CDATA[ Media of Law and Sharia Vol 4, No 1: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Muhamadiyah Yogyakarta ]]>
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DOI: 10.18196/mls.v4i1.17333
<![CDATA[In order to obtain a permit for a polygamous marriage that is legal in the eyes of the state, a husband must apply for polygamy to the Religious Courts in his area and must meet the requirements set forth in the Marriage Law Articles 4 and 5. However, in practice, polygamous marriages are preceded by sirri marriages first. The purpose of this study is to present the basis for the judge's considerations in rejecting the decision on the licensing of polygamy which was preceded by sirri marriage at the Bantul Religious Court and the legal consequences that occurred to the second wife, joint assets, and children born as a result of refusing permission to polygamy. This type of research is normative research with data collection techniques using literature and interviews with informants. The source person was Dra H. Nafilah S.H M.H. The judge who decided this case at the Bantul Religious Court. The analysis technique uses qualitative data with descriptive methods. Based on the results of the study, it can be concluded that the Judge's considerations in rejecting the application for a polygamy permit are in accordance with Articles 4 and 5 of the Marriage Law, Al-Quran Surah An-Nisa verse 3, and the Book of Fiqh, which in essence the Petitioner does not meet the alternative and cumulative requirements if do itsbat marriage, the application will still be rejected in accordance with the provisions of SEMA Number 03 of 2018. The legal consequences of refusing the permit for polygamy for the second wife are that they do not receive an inheritance if their husband dies and they do not receive joint assets if they divorce]]>
<![CDATA[Perlindungan Hukum Terhadap Jasa Pengiriman Barang Jalur Darat dalam Perspektif Hukum Perdagangan ]]>
<![CDATA[Ani Yunita]]>;
<![CDATA[Anisa Ferunika]]>;
<![CDATA[Nugraheni Indrawati]]>;
<![CDATA[Fathur Mochammad]]>
<![CDATA[ Media of Law and Sharia Vol 4, No 1: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Muhamadiyah Yogyakarta ]]>
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DOI: 10.18196/mls.v4i1.17307
<![CDATA[In the service of sending goods through expeditionary routes, there are three routes by land, sea and air. Shipping by land has a very high risk. This research has the aim of first, to find out the legal protection of goods delivery services by land. Second, to find out the responsibility of the goods delivery service company when there is a delay or the goods are damaged on the way of delivery. This type of research uses normative juridical research with statutory approach methods. The results of this study indicate that protection for business actors for the actions of consumers who use goods delivery services that are not in good faith is contained in Law Number 38 of 2009 concerning Post and Law Number 8 of 1999 concerning Consumer Protection. Existing regulations only provide repressive legal protection so that a preventive rule is needed. Goods delivery services by land have a responsibility for goods delivery service companies when there is a delay in delivery, which is to replace costs, as well as compensation for damage to goods based on the Civil Code, the Trade Code and Law No. 8 of 1999 concerning Consumer Protection.]]>
<![CDATA[Analisis Perlindungan Hukum Terhadap Anak Sebagai Korban Kejahatan Kekerasan Seksual ]]>
<![CDATA[Dimas Handoko]]>;
<![CDATA[Yeni Widowaty]]>
<![CDATA[ Media of Law and Sharia Vol 4, No 1: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Muhamadiyah Yogyakarta ]]>
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DOI: 10.18196/mls.v4i1.17208
<![CDATA[Children are a gift from God that must be looked after as well as possible. Children are the hope of every family as the next generation of nation and civilization. As the next generation of the nation, children must grow and develop optimally in all aspects of their development, both physically and psychologically. To achieve optimal child development, of course, children must receive protection from all forms of violence against children. With the formulation of the existing problems, namely the factors that cause sexual violence crimes and forms of legal protection for children as victims of sexual violence crimes. This research is a normative juridical law research by analyzing court decisions. This research relies heavily on Primary and Secondary data sources. The results of this study are factors that make perpetrators commit crimes of sexual violence against children, namely lack of supervision from parents, being influenced by the environment, impulsive behavior and low self-control, lack of instilling morals and values from the family, lack of closeness to family and forms of protection The legal results of this research are Providing legal assistance to children to fulfill children's rights as victims of sexual violence against children, Providing protection and assistance to children as victims of sexual violence crimes while undergoing the legal process until a decision is obtained in court, Seeking a sanction that will be given to the accused objectively in order to fulfill a justice.]]>
<![CDATA[Dampak Perkawinan Di bawah Umur Terhadap Terjadinya Perceraian ]]>
<![CDATA[Lismi Salis]]>;
<![CDATA[Endang Heriyani]]>
<![CDATA[ Media of Law and Sharia Vol 4, No 1: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Muhamadiyah Yogyakarta ]]>
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DOI: 10.18196/mls.v4i1.17186
<![CDATA[Pasal 1 Undang-Undang No. 1 Tahun 1974 menyatakan bahwa: “Perkawinan ialah ikatan lahir batin antara seorang pria dengan seorang wanita sebagai suami isteri dengan tujuan membentuk keluarga (rumah tangga) yang bahagia dan kekal berdasarkan Ketuhanan Yang Maha Esa”. Pada Pasal 7 ayat (1), Undang-Undang Nomor 16 Tahun 2019 Tentang Perubahan atas Undang Undang Nomor 1 Tahun 1974 tentang perkawinan menyatakan bahwa Perkawinan hanya diizinkan apabila laki-laki dan Perempuan sudah mencapai umur 19 tahun. Pada kenyataannya, di Kabupaten Pemalang masih banyak ditemukan perkawinan yang dilakukan oleh mempelai yang masih dibawah umur dan berakhir dengan perceraian. Hal ini bisa terjadi, karena pelaku yang melakukan perkawinan dibawah umur biasanya belum memiliki kesiapan mental bahkan kesiapan ekonomi untuk berumah tangga yang mengakibatkan terjadinya perselisihan terus-menerus. Dalam penulisan hukum ini, penulis tertarik untuk meneliti mengenai faktor terjadinya perkawinan dibawah dan pengaruh perkawinan dibawah umur dengan angka perceraian di Kabupaten Pemalang dengan tujuan untuk mengetahui faktor penyebab adanya perkawinan dibawah umur dan bagaimana pengaruh perkawinan dibawah umur terhadap angka perceraian. Penelitian ini menggunakan metode Penelitian Normatif Empiris dan data yang diperoleh akan dianalisisi secara deskriptif kualitatif. Hasil dari penelitian ini adalah di Kabupaten Pemalang faktor terjadinya perkawinan dibawah umur dikarenakan adanya desakan dari orang tua, faktor ekonomi, dan hamil diluar nikah. Akibatnya dalam pernikahan tersebut sering terjadi perselisihan sehingga tidak bisa dipertahankan dan berakhir dengan perceraian.]]>
