cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Wahid Fathoni
Contact Email
wafathoni@umy.ac.id
Phone
+628872339336
Journal Mail Official
wafathoni@umy.ac.id
Editorial Address
Office: E5 Building, 2nd Floor, Universitas Muhammadiyah Yogyakarta Adreess : Brawijaya Street, Tamantirto, Kasihan, Bantul, DIY, Indonesia
Location
Kab. bantul,
Daerah istimewa yogyakarta
INDONESIA
Media of Law and Sharia
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 27211967     EISSN : 27162192     DOI : https://doi.org/10.18196/mls
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
The scope of the writings published in the journal Media of law and Sharia covers all aspects of positive law, including sharia law in Indonesia: Criminal Law This scope contains regulations that determine what actions are prohibited and are included in criminal acts, as well as determine what penalties can be imposed on those who commit them. Civil Law Studying humans as subjects in law, laws that arise from kinship, the law relating to the valuation of money/wealth and inheritance law. Constitutional Law Examine the ins and outs of the birth of the state, concepts and theories of sovereignty and state power, and the system and governance of the state and government, including examining the pattern of power-sharing and the formation of state equipment. State Administrative Law Picturing the system of governance, actions and behavior of officials or state administrative bodies in carrying out their duties and responsibilities, including the consequences and solutions for resolving administrative and state administrative disputes. Laws and Regulations Reviewing the system for the formation of laws and regulations from understanding basic principles or formal material principles. Definition and types of legal norms, the types and legal implications of the hierarchy of laws and regulations, the mechanism for the formation of laws and regulations, and how the system and mechanism for testing legislation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 4 No. 2: March 2023" : 6 Documents clear
Menguji Ketepatan Penambahan Kewenangan Penjabat Melalui Surat Edaran Menteri Dalam Negeri Catur Agil Pamungkas; Anom Wahyu Asmorojati
Media of Law and Sharia Vol. 4 No. 2: March 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i2.3

Abstract

A total of 271 Acting will fill the position of Regional Head for a long time, however Acting has limited authority, one of which is in the staffing aspect where Acting is prohibited from transferring employees without the approval of the Minister of Home Affairs. Based on the principles of effectiveness and efficiency, the Minister of Home Affairs issues a circular letter giving written approval to officials to manage personnel under higher regulations. The purpose of this research is look first at the position of the Circular Letters based on the legal system in Indonesia, secondly, to find out the accuracy of adding the Acting authority through a Circular Letter on the legal system in Indonesia. This research is included in normative legal research with the research approach used, namely the statutory and conceptual approach. This research utilizes primary, secondary, and tertiary legal materials and the collection is carried out by means of a literature study. The result showed that, first, Circular Letters are part of policy regulations that function as an instrument of communication between State Administration positions. Circular Letters are also a manifestation of written discretion not being part of statutory regulations. Second, that the Minister of Home Affairs has exceeded his authority by establishing a new legal norm through a Circular Letter. Where the main substance of the Circular Letter provides written approval to Acting Governors, Regents and Mayors in the aspect of staffing, where this is contrary to higher regulations.
Kompetensi Hakim dalam Gugatan Sederhana Sengketa Ekonomi Syariah di Pengadilan Agama Bantul Dewi Mariyatul Qibtiyah; Abdul Mujib
Media of Law and Sharia Vol. 4 No. 2: March 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i2.5

Abstract

This study examines the competence of judges in simple lawsuits for sharia economic disputes at the Bantul Religious Court (Decision Study Number 2/Pdt.G.S/2019/PA.Btl). The focus of the research is the opportunity for disputes over objects that serve as collateral in multiservice ijarah financing agreements. The purpose of this study is to determine the competence or authority of judges regarding these sharia economic disputes. The research method used is a normative juridical research type, in which research is aimed at written regulations or legal materials in the form of court decisions, namely decision Number 2/Pdt.G.S/2018/PA.Btl. Sources of data in the form of decisions, laws and PERMA are outlined in the form of narrative descriptions, not transformed into numbers. Then analyzed deductively in accordance with the theoretical framework used. The results of this study are the defendant's guarantee cannot be executed because it is a land dispute and the judge is not authorized to examine and adjudicate the dispute, because land disputes cannot be resolved through a simple lawsuit. So that the case was crossed out from the case register at the Bantul Religious Court and could be re-registered to be resolved through an ordinary procedural lawsuit.
Pemberlakuan Sanksi Cambuk, Qanun Jinayat di Aceh dalam Perspektif Hak Asasi Manusia Ida Ayu Rosida; Achmad Hariri
Media of Law and Sharia Vol. 4 No. 2: March 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i2.6

Abstract

The Province of the Special Region of Aceh is one of the special regions that has special autonomy in managing its area, this is in line with Law Number 11 of 2006 concerning the Government of Aceh. The term regional regulation of Aceh province which regulates the governance and life of the people of Aceh is called Qanun, the qanun itself contains Islamic sharia rules which have adapted to become Acehnese customs. This article was compiled to find out how the application of caning sanctions in the Aceh Qanun Number 6 of 2014 concerning Jinayat Law in the perspective of human rights. This study uses a normative legal method with a statute approach which refers to the concept of law as a rule and also uses legal doctrines which are then analyzed qualitatively and described in a descriptive form so that conformity is found between the subject matter and the normative provisions. Given that Aceh Province is a strong adherent of the Islamic religion, everything related to the life of its people must be based on Islamic law, especially in matters of criminal behavior.So the Aceh government with all its specificity in carrying out Islamic shari'ah made a regional regulation which was ratified in 2014, namely Aceh Qanun Number 6 of 2014 concerning Jinayat Law.
Problematika Perusahaan Grup: Bentuk dan Potensi Praktik Monopoli dan Persaingan Usaha Tidak Sehat Dandi Jayusman; Reni Budi Setianingrum
Media of Law and Sharia Vol. 4 No. 2: March 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i2.7

Abstract

The development of group companies today is an implication of the globalization era which makes business competition more open and free and at the same time can plunge business actors into monopoly practices. The aim of this research is to analyze the problems of group companies in the Indonesian legal system and to analyze forms of monopolistic practices and unfair business competition through the business strategy of group companies (groups). While the method used is the normative legal research method using statutory approaches, case approaches, and conceptual approaches. The results of this study indicate that the problems of group companies in Indonesia occur due to the regulation based on the 2007 UUPT using a single company approach, which legally recognizes that the parent company and subsidiaries in group companies are independent. The forms of monopolistic practices that are likely to be carried out by group companies are cross-share ownership, discriminatory practices and price fixing through multiple positions. This is an implication of the parent company's controlling power and full dominance in determining the policies and business activities of its subsidiaries.
Penerapan Self Asessment System Bea Perolehan Hak atas Tanah Bangunan dalam Transaksi Jual Beli Rahayu Harina; Busyra Azheri; Yussy Adelina Mannas
Media of Law and Sharia Vol. 4 No. 2: March 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i2.9

Abstract

According to Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, it is stated that the BPHTB collection is calculated and paid by the taxpayer himself, in the sense that the BPHTB adheres to a self-assessment system collection system. The essential imposition of BPHTB based on the Regional Regulation of Agam Agency Number 7 of 2011 concerning Regional Tax states that the basis for the imposition of BPHTB for a sale and purchase transaction of land or buildings is the transaction value, which is the transaction value here according to the elucidation of Law Number 20 of 2000 concerning Acquisition Fees. The values that occur and are agreed upon by the parties involved are land and building rights. However, in reality, BEKEUDA in Agam Regency is more dominant in using market prices. This study aims to analyze and answer questions from the formulation of the problem, namely how is the application of the principles of the self-assessment system at BPHTB in buying and selling transactions of land and/or buildings in Agam Regency, what is the basis for determining the sale and purchase price of land and/or buildings at BPHTB by BAKEUDA of Agam Regency, what is the legal certainty regarding the determination of the sale and purchase price set by BAKEUDA of Agam Regency. The approach method in this study is empirical-juridical, and the specifications used in this study are analytical-descriptive. Based on the research results, it can be concluded that, the application of the principle of a self-assessment system is not purely following the mandate of the law. The considerations that determine the value of the buying and selling price by BAKEUDA are the results of previous verification, the opinion of the nagari guardian, the opinion of the community shop, and the price on the marketplace on social media. The legal certainty regarding the determination of the sale and purchase price is not yet strong and certain.
Penegakan Hukum HAM dalam Bingkai Hukum Progresif Berdasarkan Kasus Paniai di Papua Rufaidah Rufaidah; Nanik Prasetyoningsih
Media of Law and Sharia Vol. 4 No. 2: March 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i2.16

Abstract

In Indonesia, there is a need for a new legal breakthrough in the enforcement of human rights law. Progressive law can be used as a legal thought in enforcing human rights law. Considering progressive law is a law that does not rely on the text of the law alone but can be sourced from the values of people's lives. This study will discuss the Enforcement of Human Rights Law in a Progressive Legal Perspective. Efforts to enforce human rights law and protect human rights in Indonesia, apart from being regulated through regulations, can also be legally processed through human rights courts. The thing that underlies the urgency of the Progressive legal approach is that the judiciary, which is a justice enforcement agency, has not provided the best results in the justice enforcement process. What needs to be emphasized and underlined is that progressive law is different from other laws which prioritize strict procedures rather than prioritizing the objectives of the law itself. Enforcement of human rights law is often difficult, due to the many requirements and regulations as well as political dynamics that hinder the legal process for enforcing human rights law. Komnas HAM as an institution that has responsibility for the implementation of human rights law enforcement, preferably in the process of resolving human rights law, or seeking human rights justice, does not only build a legal rationale based on the positivistic paradigm.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol. 6 No. 4: September 2025 Vol. 6 No. 3: June 2025 Vol. 6 No. 2: March 2025 Vol. 6 No. 1: December 2024 Vol. 5 No. 4: September 2024 Vol. 5 No. 3: June 2024 Vol. 5 No. 2: March 2024 Vol. 5 No. 1: December 2023 Vol. 4 No. 4: September 2023 Vol. 4 No. 3: June 2023 Vol. 4 No. 2: March 2023 More Issue