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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 8 Documents
 1 
Search results for , issue "Vol. 6 No. 4 (2025)" : 8 Documents clear
Beyond Sanctions: Progressive Legal Strategies for Victim Empowerment and Violence Prevention Labaka, Albri; Hi Abas, Gunawan
Media of Law and Sharia Vol. 6 No. 4 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i4.381

Abstract

Domestic violence (DV), particularly when experienced by wives as victims of physical, psychological, sexual, and economic abuse, remains a deeply concerning legal and social phenomenon in Indonesian society. This study examines the normative dimensions of DV against women through the lens of progressive legal theory and the framework of positive law. The findings reveal that uncontrolled jealousy, economic pressure, and alcohol consumption are among the primary triggers of domestic violence. Such violence manifests in physical, sexual, psychological, and financial forms, all of which have a profound impact on victims' overall well-being. (UU PKDRT) provides a clear legal foundation for victim protection, including through protective orders. However, from a progressive legal perspective, the response to domestic violence must go beyond a rigid and normative application of the law by embracing a more humane, empathetic, and victim-oriented approach. Law enforcement officials, including judicial bodies, are expected to consider the psychological and mental condition of victims in handling such cases. Furthermore, effective recovery requires multi-sectoral involvement, including legal advocates, healthcare professionals, social workers, and volunteer companions, to ensure that victims receive holistic protection encompassing legal, emotional, and social support
Membangun Ketahanan Demokrasi: Peran Pendidikan Politik dalam Mendorong Keterlibatan Pemilih Irawan, Anang Dony; Yustitianingtyas, Levina; Setiawan, Bahri Nur
Media of Law and Sharia Vol. 6 No. 4 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i4.387

Abstract

The importance of political education lies in the principle of popular sovereignty, which holds that a just government is determined by the people and must be held accountable to them. Limited public exposure to political education has led to immature participation and weak attitudes toward the democratic process. Left unaddressed, this may trigger conflicts, undermine security, and risk national disintegration. This research aims to assess the extent to which political education can be regarded as a planned and structured process designed to shape voters’ political identity, foster political awareness, and cultivate ethically and morally responsible participation. Political education, as a product of public policy, can be evaluated directly during its implementation. It serves as a step toward achieving policy objectives through administrative and political measures. Using a normative juridical legal research method with a statutory approach, this study examines the internal aspects of positive law related to political education. Findings indicate that voter participation remains minimal despite its vital role in sustaining democracy. Active and informed voter engagement is essential for building a strong and lasting democratic foundation. The study highlights that political education should be a continuous process within communities, not limited to the period preceding elections. This is particularly relevant in the context of Indonesia’s upcoming 2029 General Elections and 2029 Simultaneous Regional Elections, where the focus should shift from short-term mobilisation to long-term democratic capacity building
Safeguarding Justice Seekers: Institutional Reforms and Public Engagement in Indonesia’s Administrative Law System Asmuni, Asmuni
Media of Law and Sharia Vol. 6 No. 4 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i4.396

Abstract

Legal protection for justice seekers can be achieved through the good faith of the state administrative agency or official responsible for executing the state administrative court's decision, coupled with active community oversight of the implementation process. Indonesia requires an executive institution to implement  PTUN (Peradilan Tata Usaha Negara) execution, ensuring that legal enforcement operates more efficiently, particularly within the realm of state administrative justice. This research aims to reveal and analyze how legal protection for justice seekers is implemented through state administrative courts and what steps can be taken so that legal protection can be binding. The method applied in this research is a statutory approach, a concept approach, and testing it with case studies of several cases of the State Administrative Court in Indonesia. This study found that a comprehensive approach encompassing good faith implementation, community involvement, establishment of executive institutions, capacity building, training initiatives, and public awareness campaigns is essential for safeguarding legal protection within state administrative justice systems. This collective effort aims to ensure the effective implementation of administrative court decisions, uphold the rule of Law, and protect the rights of justice seekers in Indonesia
Pertanggungjawaban Notaris atas Cacat Prosedur dalam Akta RUPS Luar Biasa: Kajian Putusan Pengadilan Yunita, Sahera; Ferdi; Misnar Syam
Media of Law and Sharia Vol. 6 No. 4 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i4.440

Abstract

Indonesia’s national economy is developed on the foundation of economic democracy and the principle of the rule of law, which ensures certainty, order, and legal protection. Within the corporate sphere, the Limited Liability Company (Perseroan Terbatas/ PT) recognizes the General Meeting of Shareholders (Rapat Umum Pemegang Saham/ RUPS) as its highest organ with strategic authority, where every resolution must be formalized in an authentic deed prepared by a notary. Such deeds serve a crucial role in providing legal certainty and preventing potential disputes. However, practice reveals recurring problems in which RUPS deeds are drawn up without complying with legal procedures, thereby triggering conflicts and causing harm to shareholders. This issue is evident in the Padang District Court Decision No. 10/Pdt.G.S/2023/PN Pdg and the Medan High Court Decision No. 315/Pdt/2021/PT MDN. This study aims to examine the notary’s liability in drafting procedurally defective RUPS deeds and to analyze the legal consequences arising from these judicial decisions. The research employs a normative juridical approach with a descriptive character, combining statutory analysis (statute approach) with conceptual analysis (conceptual approach). The data are derived from primary, secondary, and tertiary legal sources, which are then qualitatively analyzed. The findings demonstrate that notaries in both cases failed to properly observe the principle of prudence, resulting in the deeds being declared invalid or null and void. In the Padang case, the court ordered restitutio in integrum by restoring the plaintiff’s legal position, while in the Medan case, the ruling was limited to annulment of the deed without explicit restitution. These outcomes affirm that notarial responsibility extends beyond formal or administrative duties, encompassing substantive obligations to uphold legal certainty and protect shareholders’ rights.
Tanggung Jawab Influencer dalam Iklan Endorsement: Perspektif Perlindungan Hukum Konsumen Hasna, Nabila; Yunita, Ani
Media of Law and Sharia Vol. 6 No. 4 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i4.441

Abstract

New Media is a term defined modern advertising emerge from technological development, one of them is endorsement. Endorsement brings negative effects beside its advantages such as massive spread of misinformation which led to consumer’s loss. There is no specific regulation organized endorsement practices in Indonesia. This empirical study aims to analyse available legal protection of consumers, and to identify the legal remedies to hold parties accountable. The results shows that both preventive and repressive legal protection is embedded in various legal instruments. These instruments regulate business actors’ obligations, prohibit misleading practices, and establish standards of advertising. Influencers may comply with these provisions by conduct double checking procedures and ensure that advertisement is aligned to legal standards. Repressive legal protection is also provided under the same legislative framework, which sets out the liability of business actors and prescribes administrative and criminal sanctions for violations. In seeking redress, consumers may pursue non-litigation mechanisms by lodging complaints to influencers, business actors, or relevant authorities such as Komdigi, BPOM, BPKN, BPSK, or LPKSM. If the non-litigation mechanism does not work out, consumers may pursue litigation mechanism by filing lawsuits in courts within their domicile
LGBT and Same-Sex Marriage: Marriage Nature in State Religious, Quran and Hadith Norms Faqih, Yurika Anidza; Khamim
Media of Law and Sharia Vol. 6 No. 4 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i4.137

Abstract

The phenomenon of LGBT and same-sex marriage has been a long-standing problem and debate to this day, where it is contrary to the essence of marriage and human nature. Islamic law and positive law in Indonesia also oppose this because it is not in accordance with the religious values and morality of Indonesian society. The focus of this research is to describe the existence of LGBT and marriage in Indonesia within state norms and analyze based on the Koran and hadith the nature of marriage towards LGBT and same-sex marriage. This research uses normative legal research or can be called library research with a conceptual approach. The results of this research are that the existence of LGBT and same-sex marriages grows and develops in line with existing empirical facts, caused by several factors and damaging the moral ethics of religion and nation and in this case the sanctions for this behavior have not been determined with certainty due to legal ambiguity.In state regulations, namely in Article 292 of the Criminal Code. Meanwhile, in the analysis of the Al-Qur'an and Hadith in Qs. An-Nisa' (1) and Sahih Muslim that LGBT and same-sex marriage violate the essence of marriage, namely not marriage between a man and a woman, sexual orientation is only to fulfill thebiological aspect and not the entire psychological and spiritual aspect and violates the objectives of Islamic law, namely Maqashid Sharia specifically Hifdz an-Nasl, because they cannot continue their descendants afterwards.
The Proportionality Principle: A Key to Fair Licensing Agreements Umar, Wahyudi; Sudirman, Sudirman; Rasmuddin, Rasmuddin
Media of Law and Sharia Vol. 6 No. 4 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i4.395

Abstract

This study examines the implementation of the principle of proportionality in license agreement clauses, focusing on how this principle can support fairness in the contractual relationship between grantees and licensees. In the era of globalization, licensing agreements are an essential tool in regulating intellectual property rights (IPR). Still, there is often an imbalance between the rights and obligations of the parties that can lead to disputes. The principle of proportionality ensures that each provision in the agreement reflects a fair balance, prevents exploitation of one party, and promotes a harmonious relationship. The research method used is normative legal research with a statutory and conceptual approach, which examines various licensing agreement clauses in Indonesia and their impact on the rights and obligations of the parties. The study results show that applying the principle of proportionality in licensing agreements can substantially increase fairness and reduce potential conflicts. Recommendations were given for the drafting of fairer and more sustainable licensing agreements, as well as the development of agreement law in Indonesia.
Keabsahan Kontrak Elektronik Dalam Layanan Pinjaman Online yang Menggunakan Identitas Pihak Ketiga Laksono, Fajar Galuh; Risqullah, Arya Razan; Anggriani, Reni
Media of Law and Sharia Vol. 6 No. 4 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i4.409

Abstract

This research discusses the validity of electronic contracts in online loan services that use third-party identities without permission. This phenomenon is rampant with the development of digital technology and the ease of access to application-based financial services. The main issue in this research is how the legal review of the validity of electronic contracts in cases of identity theft and how legal protection for victims is addressed. This research uses a normative juridical method with a legislative and conceptual approach. The research results show that electronic contracts made using a third party's identity without valid consent do not meet the elements of agreement as regulated in Article 1320 of the Civil Code, thus the contract can be considered null and void by law. Additionally, legal protection for victims of identity theft in online loan services is still weak, considering the absence of specific regulations that detail mechanisms for protection and recovery for victims. This research uses a normative legal method, namely an approach that is based on the analysis of regulations, legal doctrine, and relevant case studies. Therefore, there is a need to strengthen regulations and enhance the role of fintech providers in ensuring the validity of user identities to create legal certainty and fair protection for all parties.

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