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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 6 Documents
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Search results for , issue "Vol. 5 No. 3: June 2024" : 6 Documents clear
Independensi Lembaga Komisi Pemberantasan Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 36/Puu-Xv/2017 Muhammad Rakha Ramadhan; Nanik Prasetyoningsih
Media of Law and Sharia Vol. 5 No. 3: June 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i3.60

Abstract

Fundamental changes occurred in the independent nature of the Corruption Eradication Commission (KPK) after the publication of Constitutional Court Decision Number 36/PUU-XV/2017, which before this decision was issued, the KPK was a state institution with independence in carrying out its duties and authority, namely enforcing and eradicating criminal acts. corruption, seeing that the Corruption Eradication Commission (KPK) in the Indonesian constitutional system is a state auxiliary (auxiliary state institution) with the characteristic of having independence. This legal research aims to examine the independence of the Corruption Eradication Commission (KPK) after the Constitutional Court decision Number 36/PUU-XV/2017. Explains the independence of independent state institutions in the Indonesian constitutional system, as well as the independence of the KPK institution as one of the independent state institutions following the Constitutional Court decision Number 36/PUU-XV/2017 concerning the dispute over the authority to grant the House of Representatives (DPR) questionnaire to the KPK institution. This research uses normative legal research methods which focus on positive law and legal doctrines. The types and sources of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. The technique for collecting legal materials is carried out by means of literature study, by reviewing and analyzing legal materials that are relevant to this research. The results of the research carried out by the author in this thesis are the weakening of the independence of the Corruption Eradication Commission as one of the independent auxiliary state institutions in the Indonesian constitutional system after the Constitutional Court decision Number 36/PUU-XV/2017 which decided that the DPR could use its right of inquiry. to the independent institution KPK.
Perlindungan Hukum Bagi Korban Penyitaan Akun Media Sosial dalam Perspektif Hukum Positif Alicia Radefi; Akbar Dwi Saputra; Yeni Widowaty
Media of Law and Sharia Vol. 5 No. 3: June 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i3.82

Abstract

Criminal acts with electronic media in the cyber world are known as cybercrime. Humiliation, reputation pollution, social media fraud are some examples of cybercrime. The most widely used means of cybercrime can be used as evidence to strengthen evidence in court proof. In this case, the author will discuss the settlement of the account suspension, the procedure of the Account suspension and how the legal protection against the victims of the accounts suspension. This writing uses a method of normative jurisprudence, which covers research on the level of synchronization of law, research on legal systematics, and research into the foundations of law. The seizure of social media accounts as evidence in the proof process is permitted because the social media account is an object or something that is directly used in committing a criminal act on social media (cybercrime) and has a clear legal basis of regulation that is the ITE Act. Arrangements regarding arrests deemed illegal or misprocedure by the police are one of the urgent issues to be discussed. The legal protection that the parties to this dispute can apply to a defendant who has been the victim of “illegal” arrest by the police in the trial process is pre-trial.
Pembatasan Oligarki dalam Mewujudkan Sistem Demokrasi di Indonesia Ghiyats Amri Wibowo; Muhammad Alfin Imanullah; Haqie Religia Saintika; Fayza Reizha Isfany
Media of Law and Sharia Vol. 5 No. 3: June 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i3.102

Abstract

The widening economic gap and the domination of wealth by a small number of individuals in Indonesia highlight key challenges in realizing an inclusive and equitable democracy. Popular sovereignty reflects democracy, which represents the majority's voice. However, in reality, the people's voice is degraded by the voice of the oligarchs who own the majority of wealth in Indonesia. This research explores economic oligarchy's implications on the Indonesian democratic system. The used is juridical-normative legal research or also called document research with secondary data as the main source. Researchers conduct legislative studies to see synchronization between legislation. Data were collected using literature review techniques, such as perusing, analyzing, and drawing conclusions from relevant documents. The research results confirm that the dominance of oligarchs grows and develops due to the high political costs of elections, so power relations are formed between the rulers and the oligarchs. As a result, oligarchs become regulators and executors in the state administration system, which has implications for the difficulty of achieving the ideals of a more inclusive democracy. Therefore, to limit oligarchy, policy reform is needed that is more oriented towards social justice, economic equality, and meaningful participation in realizing checks and balances
Kekuatan Keterangan Ahli Terhadap Alat Bukti Elektronik Dalam Perkara Perdata Alifa Ramadhani Adrianti; Reni Anggraini
Media of Law and Sharia Vol. 5 No. 3: June 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i3.109

Abstract

This writing aims to find out how the strength of expert testimony on electronic evidence in court, the method used in writing is normative juridical or literature, which is carried out by literature study of legal materials. with the development of the times electronic products are increasingly sophisticated and developed, humans can find applications or web editing easily so it is very possible to falsify electronic information. Electronic evidence must be recognised in order to have binding legal force, if it is not recognised, other evidence is needed as stated in article 1866 of the Civil Code / article 164 HIR regarding types of evidence including expert testimony. Expert testimony is still very much needed to provide an understanding of a civil case, especially in situations that are beyond the expertise or scientific knowledge of the judge. It can be concluded with certainty that the information provided by an expert is not considered as evidence, but rather serves to strengthen the strength of existing evidence. Therefore, it cannot determine the outcome of a civil court decision. The Panel of Judges can still consider and make decisions on existing issues even without expert opinion.
Kedudukan Hukum Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023 Terhadap Prinsip Kebebasan Hakim dalam Memutus Perkara Girianto Edy Purnomo; Anang Dony Irawan
Media of Law and Sharia Vol. 5 No. 3: June 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i3.111

Abstract

This research aimed to examine the position of the Supreme Court Circular Letter, or hereinafter referred to SEMA, Number 2 of 2023 regarding the principle of Judges’ freedom in deciding cases. The method used normative juridical with a statutory approach. The primary, secondary and tertiary legal materials obtained analyzed using legal searches. The research results showed that SEMA’s legal position in the hierarchy of statutory regulations is below the law. Considering that the contents are contrary to the principle of freedom of judges in deciding cases in accordance with Article 3 Paragraph (1) and Elucidation of Article 3 Paragraph (1) of Law Number 48 of 2009 concerning Judicial Power, the existence of SEMA will also cause Judges to lose their freedom in deciding cases in the case of applications for registration of interfaith marriages, this will further be a dilemma for the judge when handling this case considering that the legal regulations regarding applications for interfaith marriages are also still valid and in force
Pergeseran Tradisi Meurup-urup di Muntigunung dalam Perspektif Perlindungan Anak dan Hak Asasi Manusia Muhammad Nuha Maulana Pasya; Ahdiana Yuni Lestari
Media of Law and Sharia Vol. 5 No. 3: June 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i3.115

Abstract

The community's paradigm of sponging activities in Bali certainly points to Muntigunung Hamlet as a sponger-producing hamlet. The problem of Gepeng in Muntigunung Hamlet is one of the anomalies in the response to customs and traditions (meurup-urup) which then develops into an antinomy and takes root to make a new reality in meurup-urup, exacerbated by the economic crush, and the existing ecology makes this problem like uprooting old teak roots. This research uses analysis with anthropological, juridical, logical, and systematic approaches. The results found that the trend of human error capacity that occurs is trying to be handled by the state in the sense of the Regional Government of Karangasem by taking technical measures which in the opinion of the author is a futile step, therefore the government must carry out a model of handling spongers in terms of direct involvement with the handling of camp assessment and social work for adult spongers and in child spongers is given education and the rights attached to it as a society so as not to violate the right to live properly, be educated, free of discrimination and degrading treatment, especially in this case spongers.   Keywords: Tradisi, Meurup-urup, Gepeng, Hukum, Negara.

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