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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 5 Documents
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Search results for , issue "Vol. 5 No. 4: September 2024" : 5 Documents clear
Pemalsuan dalam Penerbitan Sertipikat Hak Guna Bangunan sebagai Tindak Pidana Korupsi Engelin Kamea; Rena Yulia; Dadang Herli S
Media of Law and Sharia Vol. 5 No. 4: September 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i4.56

Abstract

This research is motivated by the many cases of issuance of Building Rights Title certificates on land that was never obtained by legal means. The issuance of these certificates occurs because of abuse of authority by civil servants at the land office. The purpose of this study is to determine the application of the Corruption Eradication Law and the authority of the prosecutor's office in cases of forgery in the issuance of Building Rights Title certificates. This research is a normative legal research with statute approach and case approach. The results of this study found that the application of the Corruption Eradication Law in cases of forgery in the issuance of Building Use Rights Certificates can be done by looking at the elements of the criminal act contained in Article 9 of Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Eradication of Corruption. 31 of 1999 on the Eradication of the Criminal Act of Corruption, namely: civil servants or persons other than civil servants who are assigned the task of carrying out a public office continuously or temporarily, deliberately falsifying books or lists specifically for administrative examination, then the authority of the prosecutor's office in cases of forgery in the issuance of Building Rights Title Certificates, lies in the position of the prosecutor's office as a sub-system that has the authority to investigate, prosecute and implement court decisions.
Tinjauan Yuridis Tanggung Jawab Rumah Sakit terhadap Kejadian Healthcare Associated Infections Danang Sugihardana; Wardah Yuspin
Media of Law and Sharia Vol. 5 No. 4: September 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i4.61

Abstract

Health Care Associated Infections (HAIs) pose a serious concern in the global healthcare system, including in Indonesia. Hospitals bear significant legal responsibility regarding these infections in Indonesia. This study is a normative legal research aimed at analyzing and understanding all legal regulations related to the research topic. The objective is to comprehend the protection and accountability concerning cases of Healthcare Associated Infections in Indonesia. The findings of this research indicate that the provision of hospital services, as mandated by the Republic of Indonesia Law Number 44 of 2009 concerning Hospitals (UURS), plays a crucial role. In efforts to address and prevent the spread of HAIs, the Indonesian government has issued the Guidelines for the Prevention and Control of Infections in Health Service Facilities, namely the Minister of Health Regulation Number 27 of 2017. The legal responsibility of a hospital in criminal matters may fall upon the owner or director if linked to negligence in fulfilling their obligations. However, if all hospital obligations are carried out diligently, and all staff adheres to established rules and service standards, the hospital is usually not held criminally accountable in situations of nosocomial infections in patients.
Tantangan Implementasi Kebijakan Kepemilikan Hunian Orang Asing Pasca Undang-Undang Cipta Kerja Debora Pasaribu; Shinta Pangesti; Elisabeth Ryanthie Maya Puteri
Media of Law and Sharia Vol. 5 No. 4: September 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i4.132

Abstract

This research focuses on the regulation of residential ownership by foreigners after the Job Creation Law and the challenges of implementing the policy. The Researcher used statutory and conceptual approaches with secondary data in the form of legal primary, secondary, and non-legal materials, obtained through a literature study. The research found that the regulation of residential ownership by foreigners after the Job Creation Law can be seen in the Job Creation Law 2023, PP 18/2021, Permen ATR/KBPN 18/2021, and Kepmen ATR/KPBN 1241/SK-HK.02/IX/2022. Foreigners who possess immigration documents can own a house or residence, either in the form of a landed house or an apartment unit on a certain land. There are specific restrictions regarding land plots’ size, amount of land plots, land rights types, and the minimum price foreigners may own. However, in implementing existing policies, the Indonesian government must act swiftly to overcome several challenges such as double standards in calculating NPP for apartment units, violations of principles and several articles of UUPA, and the absence of a supervisory institution for foreign residential ownership. Collaboration with relevant ministries, organizations, notaries, and land deed officials is necessary so that the legal corridor established by the government can be jointly maintained and enforced.
Konsekuensi atas Penghapusan Jaminan Fidusia yang Tidak Dilakukan Tsuroyyaa Maitsaa' Jaudah; Puji Sulistyaningsih; Dakum Dakum
Media of Law and Sharia Vol. 5 No. 4: September 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i4.148

Abstract

The cancellation of fidusia guarantee is an important process in consumer financing transactions. Fidusia guarantee is regulated by Law Number 42 of 1999 on Fidusia Guarantee. The cancellation of fidusia guarantee aims to provide legal certainty and remove the secured object once the debt is settled. However, many fidusia recipients fail to cancel the guarantee as required, resulting in negative consequences. The purpose of this research is to understand the consequences of not canceling the fidusia guarantee. The research method used is normative legal research with a legislative, conceptual, and case approach. The results of this research show that fidusia recipients who do not cancel the guarantee are caused by the lack of strict sanctions governing the cancellation of fidusia guarantee certificates, the recipients' or providers' lack of knowledge about the obligation to cancel the guarantee, and the cancellation of the guarantee not being a requirement for subsequent fidusia guarantee registration. The conclusion is that the consequences of not canceling the fidusia guarantee are that the debtor cannot re-pledge their property and the same or other creditors cannot re-register the fidusia guarantee, resulting in repeated fidusia registration or double fidusia, and the fidusia guarantee data on the AHU Directorate's database becomes inaccurate, invalid, and lacks legal certainty.
Legal Sources of Abuse of Authority in Corruption Crimes in Indonesia Fathur Rauzi; Irpan Suriadiata
Media of Law and Sharia Vol. 5 No. 4: September 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i4.174

Abstract

One manifestation of corruption that frequently arises and has a harmful effect on the government and society is the misuse of power. This study examines the legal framework in Indonesia, including Law Number 31 of 1999 and Law Number 20 of 2001, which focus on combating corruption. It also discusses the involvement of law enforcement agencies such as the Corruption Eradication Commission (KPK), the Police, and the Prosecutor's Office. This article examines the legal foundations for addressing instances of abuse of power in relation to criminal acts of corruption in Indonesia. Furthermore, this paper assesses the efficacy of implementing these laws to combat instances of authority abuse, as well as the challenges encountered in real-world scenarios. Through a comprehensive comprehension of the current legal frameworks and the obstacles encountered in their execution, it is anticipated that viable resolutions can be identified to enhance endeavors aimed at eradicating corruption in Indonesia

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