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Wahid Fathoni
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Office: E5 Building, 2nd Floor, Universitas Muhammadiyah Yogyakarta Adreess : Brawijaya Street, Tamantirto, Kasihan, Bantul, DIY, Indonesia
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INDONESIA
Media of Law and Sharia
ISSN : 27211967     EISSN : 27162192     DOI : https://doi.org/10.18196/mls
Core Subject : Humanities, Social,
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
Search results for , issue "Vol. 6 No. 1: December 2024" : 5 Documents clear
Analisis Perlindungan Data Pribadi bagi Pengguna E-commerce Menurut Perspektif Hukum di Indonesia Nabila, Laela; Setianingrum, Reni Budi
Media of Law and Sharia Vol. 6 No. 1: December 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i1.138

Abstract

The development of technology in Indonesia means that buying and selling transactions can also be done electronically without having to meet face-to-face between sellers and buyers, namely through electronic commerce platforms or e-commerce. Through this e-commerce platform, a buyer must include personal data such as name, residential address and mobile phone number. The purpose of this research is to find out how the regulations regarding the protection of personal data for e-commerce users in Indonesia and what sanctions are given to e-commerce companies as electronic system providers if there is a leak of user personal data. The research method used by the author is the normative juridical method and statute approach. From the research results obtained, the protection of personal data in Indonesia is regulated in Law Number 27 of 2022 and ITE Law. The conclusion is that the protection of personal data in Indonesia already has regulations that regulate so there is no need to worry if you are going to make buying and selling transactions through e-commerce
Implementasi Keterwakilan Perempuan Anggota Dewan Perwakilan Rakyat Daerah di Kabupaten Sukoharjo Afwah Rafi Miftah Supriyadi; Asmorojati, Anom Wahyu
Media of Law and Sharia Vol. 6 No. 1: December 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i1.182

Abstract

The lack of support hampers the performance of female legislators. This is one of the obstacles in achieving 30 percent female representation in the legislature. In its implementation, there has been a law that regulates political parties and elections that provides opportunities for women to enter politics and participate in parliament. This study aims to find out the comparison of the implementation of women's representation in members of the Regional People's Representative Council (DPRD) in Sukoharjo Regency in the 2014-2019 period and the 2019-2024 period and the factors that cause instability in women's representation in the DPRD. The author uses empirical juridical research methods and uses primary and secondary data sources. The authors collected data through literature studies and field studies. The data collection method was carried out by observation, interviews, and questionnaires. The data analysis method is used to analyze data obtained from literature studies and interview results, which are then analyzed descriptively and qualitatively to obtain the facts and realities revealed in the research. The results of the study show that first, the representation of women in the membership of the DPRD in Sukoharjo Regency in the 2014-2019 period and the 2019-2024 period has not been able to meet 30 percent of women's representation. When presented in the 2014-2019 period, women's representation was 15.56%, while in the 2019-2024 period, women's representation was 22.22%. Although it has increased, the increase has not been able to meet the 30% representation of women in the legislature. The government continues to strive to fulfill the 30% percentage of female representation. Furthermore, the factors that cause instability in women's representation include political and cultural barriers, obstacles from within women, social and economic obstacles to candidacy
Urgensi Kewenangan Constitutional Complaint dalam Penguatan Hak-Hak Konstitusional Fitri Sakinah, Afifah; Wijayanti, Septi Nur
Media of Law and Sharia Vol. 6 No. 1: December 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i1.196

Abstract

The idea of ​​the urgency of constitutional complaint authority to the Constitutional Court is part of an effort to protect the rights of citizens protected by the 1945 Constitution. This arose because the constitutional rights of citizens are often violated by various parties, including non-compliance of state administrators and abuse of authority in the executive, legislative and judicial realms. This study discusses the urgency of constitutional complaint authority for strengthening constitutional rights in the Constitutional Court of the Republic of Indonesia. The method used in this study is descriptive analytical research using a normative legal approach. The results of the study show that in order to strengthen the meaning of the constitutional life of Indonesian citizens and as a last resort for violations of citizens' constitutional rights, constitutional complaint authority needs to be given to the Constitutional Court as a form of constitutional supremacy in regulating people's sovereignty, because constitutional complaints are part of the problem of constitutional review. This is clearly stated in the spirit of the Preamble to the 1945 Constitution and is in line with the essence of the presence of the Constitutional Court of the Republic of Indonesia
Asas Itikad Baik Dalam Penggantian Ongkos Pasca Perbuatan Sukarela Saputra, Febrianto; Gultom, Elisatris
Media of Law and Sharia Vol. 6 No. 1: December 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i1.198

Abstract

The gestor, in the course of voluntary management, often incurs various expenses. Reimbursement of these management costs can be claimed from the dominus (Article 1357 of the Civil Code). However, the gestor's position may become vulnerable if the dominus did not request such management, especially with the application of Article 1358 of the Civil Code, and if the dominus fails to recognize the existence of a legal relationship. This study aims to understand how the principle of good faith is applied in the reimbursement of costs arising from voluntary actions and its function as a guideline to balance rights and obligations, potentially preventing disputes arising from differing views on zaakwaarneming cost reimbursements. This research adopts normative legal research methods. The findings reveal that, although Articles 1354–1358 of the Civil Code provide a legal foundation for zaakwaarneming, the gestor's position often remains vulnerable, particularly regarding cost reimbursements following voluntary actions. In this context, the principle of good faith functions as both a moral standard and a legal mechanism to ensure that the relationship between the gestor and dominus is proportional, rational, and does not harm either party. Through the principle of good faith, cost reimbursements can be conducted fairly and appropriately without resorting to litigation, given the cooperative nature underlying the zaakwaarneming relationship. This relationship is not merely moral-social but also constitutes a tangible legal relationship. The principle of good faith ensures that the dominus fulfills their obligations fairly and transparently, requiring both parties to act with propriety and appropriateness. This fosters not only a healthy and cooperative legal relationship but also reinforces moral-social values in their interactions
Kedudukan Surat Kuasa Menjual dalam Perjanjian Utang Piutang dengan Wanprestasi Destiarany, Regina; Anggriani, Reni
Media of Law and Sharia Vol. 6 No. 1: December 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i1.210

Abstract

A power of attorney is a letter document whose content is to give authority to other parties to do something that the power of attorney wants. Power of attorney is often given in carrying out certain legal actions, including making payments of debts and receivables. Debts and receivables in daily life are not new, especially in the business field which is used to increase capital or other things for the smooth running of business. The issue raised is how the position of the power of attorney in the debt and receivables agreement in default with a case study of Decision Number 33/PDT. G/2023/PN SPT. The method used is the normative method. The position of the power of attorney to sell in debts and receivables associated with the existence of default is inappropriate, what should be used in debts and receivables is the right of guarantee over land against these debts. The results of this study show that the making of a power of attorney in the aquo case is inappropriate, because the aquo case that occurs is a debt-receivables agreement, not a sale and purchase

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