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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 7 Documents
 1 
Search results for , issue "Vol. 4 No. 3: June 2023" : 7 Documents clear
Pembatalan Pengalihan Hak Atas Merek Terdaftar Pada Dirjen Merek (Studi Kasus Merek “Bikers Brotherhood Mc”) Ahmad Fauzi
Media of Law and Sharia Vol. 4 No. 3: June 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i3.1

Abstract

The transfer of rights to a trademark is one of the mechanisms for transferring rights to a brand to another party. Transfer of trademark rights can be done in various ways, one of which is by agreement. The agreement on the transfer of rights to the trademarks of both parties has occurred, then the transfer of rights to the marks will be registered with the Director General of Intellectual Property Rights. In cases where the Director General of Intellectual Property Rights does not have the authority to cancel the transfer of trademark rights, the Trademark Law does not regulate the procedure for canceling trademark rights that have been registered. So that it is necessary to renew the law by revising the Trademark Law regarding the mechanism for canceling the transfer of rights to a Mark. This research was conducted by means of literature study.
Keabsahan Perkawinan Sejenis dalam Hukum Ketatanegaraan Ega Permatadani; Achmad Hariri
Media of Law and Sharia Vol. 4 No. 3: June 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i3.10

Abstract

Same-sex marriage is currently the attention of the Indonesian people due to news and issues circulating on social media that spread quickly and become a hot topic among the people. Marriage itself in general can be interpreted as a sacred bond carried out by both parties (male-female). However, at this time there are some groups who hope to carry out this same-sex marriage or there are some groups who have carried out same-sex marriages and harm one other party without knowing the truth. The purpose of this study is to find out how legal a same-sex marriage is in Indonesia, as well as what consequences will be received if it violates the legal basis that already exists and applies in Indonesia. This study uses a normative juridical research 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 the subject matter is found in conformity with the normative provisions. The results of this study are that same-sex marriage cannot be carried out because it is not in accordance with existing legal rules and norms. The legality and legal consequences of same-sex marriage are clearly explained in the 1945 Constitution of the Republic of Indonesia, Law Number 23 of 2006 concerning Population Administration, Law Number 1 of 1974 concerning Marriage and the Criminal Code.
Anak Berkonflik dengan Hukum dalam Perspektif Hukum Islam Rina Rohayu Harun; Burhanuddin Burhanuddin
Media of Law and Sharia Vol. 4 No. 3: June 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i3.15

Abstract

In positive law in Indonesia related to the handling of children in conflict with the law, it focuses on legal protection for children, starting from prevention to the justice system that is in accordance with the behavior shown and carried out by children. In practice, this protection effort uses a restorative justice approach. So far, the weakness of the statutory system lies more in its implementation. For this reason, it is very interesting to study the perspective of Islamic law on cases of children in conflict with this law. At least, there is a possibility of a formulation being found to criticize or improve the system and implementation in handling positive law in Indonesia for children in conflict with the law. From the results of the discussion, it was concluded that in the teachings of Islam, providing protection to children is the duty of everyone, not only parents. When a child is in conflict with the law, he is not given legal sanctions but is delegated or charged to his parents. The child is only given ta'dibi, namely punishment that is instructive in nature and does not affect the child's psyche. The arrangement for giving ta'dibi is left to the leader or ruler.
The Dynamics of the Opposition and Coalition Parties within the Indonesian Pancasila Democratic System Titi Mahira A’dawiyah; Anang Dony Irawan
Media of Law and Sharia Vol. 4 No. 3: June 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i3.28

Abstract

Pancasila democracy places the people at the center, focusing on the ideology of democracy and Pancasila as the state's guiding principle. In the current era of political openness and transparency, various dynamics have emerged, including changes in the democratic system over time in Indonesia and conflicts experienced by political parties, ranging from opposition as government watchdogs to coalitions as policy-makers. These dynamics have given rise to numerous theories regarding the function of state institutions. One of the most prominent theories is Montesquieu's trias politica, which divides power into the Executive, Legislative, and Judiciary, serving as a balancing mechanism for democracy and the dynamics within the Indonesia. This study utilizes normative legal materials, namely books, legal journals, and online sources, to examine the background of the problem. Within this research, it was discovered that the dynamics of democracy in Indonesia are influenced by historical factors deeply ingrained in its fabric. Furthermore, the state ideology has undergone several transformations, starting from the shift from guided democracy to Pancasila and subsequently the reformation era, ultimately culminating in the present. There have been numerous disputes in the pursuit of becoming a sovereign democratic nation in accordance with the 1945 Constitution and Pancasila.
Faktor Terjadinya Sengketa Tukar Menukar Tanah di Desa Teloyo Kabupaten Klaten Isti Ary Wardani; Reni Anggriani
Media of Law and Sharia Vol. 4 No. 3: June 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i3.29

Abstract

Land problems often occur in the Republic of Indonesia, especially regarding the ownership of land rights. Each ownership of land rights must be accompanied by proof of ownership, namely a land certificate. If the ownership of the land is still unclear, then the land is still in dispute. As an example of the case that occurred in Teloyo Village, Wonosari District, Klaten Regency, the main problem in this case was the unclear status of the land because the land transfer process by means of land swaps had not been fully resolved so that there was an acknowledgment that the land belonged to an individual. The problem studied in this study is regarding the factors that cause land disputes through the process of exchanging village treasury land with privately owned land in Teloyo Village, Klaten Regency. This study uses a qualitative approach to the type of empirical juridical research. The purpose of this research is to find out what are the factors that cause land ownership disputes in the transfer of land ownership rights through the land exchange process. The data sources of this research are primary data and secondary data. Primary data obtained from the results of interviews conducted with informants. Secondary data is obtained from laws and scientific writings that support research. In this study it was concluded that one of the factors causing land disputes was inadequate regulation regarding the process of transferring property rights that occurred in Teloyo Village.
Majlis As-Shura and the Plurality Principle: Non-Muslims' Representation in the Majlis As-Shura Kante Hamed
Media of Law and Sharia Vol. 4 No. 3: June 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i3.35

Abstract

As-Shura is the research of the opinions in the community, which is represented by competent persons who will give their views and ideas on a given question, a problem, or even a decision that is very important and is attached to the social, economic, or political life of the people. Therefore, some scholars argued that the elected Shüra must consist of a plurality of political parties, including non-Muslims, who have the authority to formulate the laws of the country. Thus, this research aims to study the main discourses of writers and Muslim researchers on the possibility of this plurality in the Majlis as-Shura in an Islamic state and if that could be going against the morale of a tradition of the law of God that we desperately want to implement and apply. Therefore, the study aims to discourse what competencies the Majlis Al-Shura must have. The research was analyzed using the content analysis method related to documents on Islamic law. The article explored the discussion about Majlis al-Shura from an Islamic perspective by relating The arguments of scholars who support the idea that Majlis al-Shura could have a plurality, which is also one of the values of the democratic system, The article supports the idea that non-Muslims could take part in the shura of the Muslim council, but its authority is restricted and should not be directly linked to the thorough legislation and divine law of the Sharia.
Problematika Hak Anak Luar Kawin: Tinjauan Kitab Undang-Undang Hukum Perdata Muhammad Habibi Miftakhul Marwa
Media of Law and Sharia Vol. 4 No. 3: June 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i3.36

Abstract

The position of children in the family is very important, because their presence in the world brings happiness to parents. However, not all children fare well. Children born outside of marriage have a double burden in society. They occupy the lowest strata and are even stigmatized as illegitimate children. This article aims to determine the regulation of the position of extra-marital children and the legal consequences of the recognition of extra-marital children according to the Civil Code and the fiqh of children's rights. This research is a type of normative legal research because it uses secondary data obtained from literature studies. The data is analyzed descriptively with a conceptual approach and statute approach. The results of this study indicate that the provisions of extra-marital children are regulated in the Civil Code Chapter XII concerning Fatherhood and the Origin of Children. Extra-marital children only get biological and juridical civil rights after being legalized by the authorities or recognized by their parents. The existence of this recognition has legal consequences in the form of a civil rights relationship between parents and unmarried children to jointly carry out their rights and obligations.

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