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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. 7 no. 1: april 2026" : 8 Documents clear
Discursive Contestations Beyond Parliament Shaping Indonesia’s Sexual Violence Criminal Bill: Dynamics, Actors, and Legitimacy Fajar, Habib Ferian; Semadaria, Kharisma Ratuprima; Wicaksono, Rifki Alfian; Meryadinata, Geofani Lingga; Latuconsina, Naimah; Akbar, M. Fabian
Media of Law and Sharia Vol. 7 No. 1: April 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.451

Abstract

Law Number 12 of 2022 on Sexual Violence Crimes (TPKS Law) emerged as a response to the increasing number of sexual violence cases and the inadequacy of previous legal frameworks in providing justice and protection for victims. The enactment of this law signifies the urgency of ensuring legal certainty grounded in justice, public benefit, and respect for human rights. This study examines the debate and the state’s response during the legislative process, reflecting the tension between human rights and religious morality paradigms. It highlights three main aspects: the role and interaction of various actors in shaping the debate, the construction of morality and human rights within the socio-political framework, and the juridical-political significance of the TPKS Law in forming responsive legal norms. Using a normative legal approach and theoretical analysis, the findings show that the law represents a convergence between human rights and religious morality, producing a compromise between legal and political interests. This dynamic marks a transition from repressive to responsive lawmaking, emphasizing civil society participation and legislative commitment. Ultimately, the TPKS Law stands as both a legal achievement and a product of political contestation that strengthens victim protection and upholds human dignity.
When Policy Conflict Becomes a Legal Crisis: Policy Conflict Framework in Merapi Sand Mining Laras Lingganingrum; M. Mude Sastra Atmaja
Media of Law and Sharia Vol. 7 No. 1: April 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.454

Abstract

This study examines sand mining conflicts in the Mount Merapi river area as a case of escalating policy conflict that has evolved into a legal crisis. The research method used is qualitative research with a case study approach based on secondary data. This article uses the Policy Conflict Framework (PCF) as an analytical framework to identify the configuration of actors, power relations, and interaction dynamics that shape the character and intensity of policy conflicts in Merapi sand mining. The asymmetry of power between pro-mining and counter-mining actors results in communication distortions. Counter-mining actors are marginalized while pro-mining actors manage the conflict covertly, resulting in the war transforming into a governance crisis with ecological impacts and a technical crisis of legitimacy. The results of this study indicate that the Merapi mining conflict reflects a pattern of high-intensity pragmatic conflict policies, characterized by a recurring and difficult-to-resolve cycle based on an unwillingness to compromise. To break this cycle, administrative law reform, consistent law enforcement, and public participation mechanisms are needed that can balance economic interests with socio-ecological justice.
Penafsiran Hakim dalam Tindak Pidana Siber: Dilema Asas Legalitas dan Perluasan Pertanggungjawaban Pidana Irena Puspa Mega; Triadi, Irwan
Media of Law and Sharia Vol. 7 No. 1: April 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.449

Abstract

Artikel ini menganalisis peran hakim dalam tindak pidana siber, khususnya terkait dilema antara asas legalitas dengan praktik judicial law-making yang berpotensi memperluas pertanggungjawaban pidana. Melalui pendekatan normatif dengan telaah undang-undang, putusan pengadilan, serta literatur akademik, penelitian ini menunjukkan bahwa pasal-pasal dalam Undang-Undang Informasi dan Transaksi Elektronik, terutama Pasal 27, 28, dan 29, memiliki norma yang kabur dan membuka ruang interpretasi luas. Dalam praktiknya, hakim sering menggunakan penafsiran teleologis dan sistematis untuk menyesuaikan hukum dengan perkembangan teknologi. Meskipun langkah ini memperlihatkan upaya rechtsvinding, terdapat risiko pelanggaran asas legalitas, ketidakpastian hukum, dan perluasan kriminalisasi yang mengancam kebebasan berekspresi. Kontribusi akademik artikel ini terletak pada pengayaan teori penemuan hukum dengan menekankan bagaimana interpretasi hakim dalam hukum pidana siber membentuk ruang baru bagi pertanggungjawaban pidana yang melampaui formulasi legislatif, sekaligus menawarkan refleksi normatif mengenai kebutuhan reformasi UU ITE.
Implications of Unregistered Marriage Status in Family Cards for Protection of Children and Wives Arkanbariq, Anantya Aliyya; Pangestu, Mahdi Rais
Media of Law and Sharia Vol. 7 No. 1: April 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.443

Abstract

This study aims to analyze the distribution of Net Surplus in Islamic cooperatives from a utilitarianism perspective, particularly in relation to achieving the greatest benefit for all members through the allocation of SHU. The establishment and operation of Islamic cooperatives in Indonesia are legally grounded in Law No. 25 of 1992 on Cooperatives and Minister of Cooperatives and SMEs Regulation No. 08 of 2023 on the Implementation of Savings, Loan, and Sharia Financing Activities by Cooperatives. Within the Islamic economic framework, cooperative activities are guided by the principle of maslahah (public welfare), which emphasizes the achievement of collective prosperity and the fulfillment of members’ fundamental needs. The distribution of Net Surplus is carried out proportionally based on members’ participation and business contributions within the cooperative. From a utilitarian perspective, this mechanism aims to maximize collective welfare by ensuring that the benefits generated from cooperative activities are distributed fairly among members. This study employs a juridical–philosophical method through the analysis of utilitarian legal philosophy and a conceptual approach to public interest. The novelty of this research lies in examining the rationale of Net Surplus distribution through utilitarian reasoning within the framework of Islamic cooperative principles. The findings indicate that Islamic cooperatives implement a form of rule utilitarianism by prioritizing members’ welfare in SHU distribution, while simultaneously upholding the principles of justice, legal certainty, and the protection of members’ rights.
Evaluasi Normatif Pembagian Sisa Hasil Usaha pada Koperasi Syariah: Perspektif Filsafat Hukum Utilitarianisme Isniyati, Qodriyah; Wahyu Muhammad, Danang
Media of Law and Sharia Vol. 7 No. 1: April 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.491

Abstract

This study aims to analyze the distribution of Net Surplus in Islamic cooperatives from a utilitarianism perspective, particularly in relation to achieving the greatest benefit for all members through the allocation of SHU. The establishment and operation of Islamic cooperatives in Indonesia are legally grounded in Law No. 25 of 1992 on Cooperatives and Minister of Cooperatives and SMEs Regulation No. 08 of 2023 on the Implementation of Savings, Loan, and Sharia Financing Activities by Cooperatives. Within the Islamic economic framework, cooperative activities are guided by the principle of maslahah (public welfare), which emphasizes the achievement of collective prosperity and the fulfillment of members’ fundamental needs. The distribution of Net Surplus is carried out proportionally based on members’ participation and business contributions within the cooperative. From a utilitarian perspective, this mechanism aims to maximize collective welfare by ensuring that the benefits generated from cooperative activities are distributed fairly among members. This study employs a juridical–philosophical method through the analysis of utilitarian legal philosophy and a conceptual approach to public interest. The novelty of this research lies in examining the rationale of Net Surplus distribution through utilitarian reasoning within the framework of Islamic cooperative principles. The findings indicate that Islamic cooperatives implement a form of rule utilitarianism by prioritizing members’ welfare in SHU distribution, while simultaneously upholding the principles of justice, legal certainty, and the protection of members’ rights.
Intellectual Property Rights and Their Inheritance: Positive Law and Islamic Law Perspectives Fauzy, Addyn Daffa; Ichsan, Muchammad
Media of Law and Sharia Vol. 7 No. 1: April 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.497

Abstract

Recently, disputes regarding intellectual property rights (IPR) have frequently arisen within society. This is particularly true for IPR, which are intangible assets that hold significant economic value and are inherited after the owner's death. This study aims to examine the status of IPR as movable property and an object of inheritance based on Indonesian positive law and Islamic law. Using a normative-juridical and comparative law approach, this study analyzes seven IPR laws (the Copyright Law, the Patent Law, the Trademark and Geographical Indications Law, the Trade Secrets Act, the Industrial Design Act, the Integrated Circuit Layout-Design Act, and the Plant Variety Protection Act) as well as the Civil Code, the Compilation of Islamic Law, and fiqh doctrines on inheritance. Research findings indicate that Indonesian positive law explicitly recognizes IPR as inheritable property that can be transferred to heirs through registration (copyrights, patents, trademarks, and others). Meanwhile, Islamic law recognizes IPR as māl (property) that can be owned and inherited, provided it meets the requirements of perfect ownership and does not conflict with Sharia. The integration of these two legal systems enables Muslims in Indonesia to inherit IPR in accordance with the principles of justice and benefit.
Perlindungan Hukum Perempuan dari Diskriminasi: Analisis Implementasi CEDAW di Daerah Istimewa Yogyakarta Haris Aulawi, Muhammad; Sarnawa, Bagus; Edwina, Yodia Adriatmi; Wardani, Susilo
Media of Law and Sharia Vol. 7 No. 1: April 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.496

Abstract

Human Rights (HAM) violations remain a global issue alongside democratic development. Normatively, human rights are inherent gifts from God that must be protected by the state, law, and society to uphold human dignity. As a protection effort, international instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) exist, which Indonesia ratified through Law No. 7 of 1984. However, despite this ratification, many Indonesian women still face discrimination, harassment, and violence, lacking both physical and psychological security. This research aims to produce an academic paper to implement the protection of women's rights effectively. To achieve this objective, this study employs a normative legal approach, focusing on library research through various documents and treaties. The primary data source is secondary data, which includes laws, regulations, academic papers, articles, dictionaries, and encyclopedias. To complement the secondary data, the researcher conducted open-ended interviews with key resource persons, including the Head of the Yogyakarta Special Region Province Women and Community Empowerment Agency, and representatives from the "Rifka Annisa Women's Crisis Center." Furthermore, the collected data were analyzed using content analysis.
Legitimizing Religious Court Authority: Strengthening Public Confidence in Sharia Economic Dispute Resolution in Indonesia Asyiqin, Istianah Zainal
Media of Law and Sharia Vol. 7 No. 1: April 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.514

Abstract

The Religious Court in Indonesia has formal authority to resolve Sharia economic disputes. However, in practice, its role in this field remains limited, as the public still largely associates the institution with family law matters such as divorce, inheritance, child custody, wills, and grants. This condition reflects a broader issue of public trust and awareness regarding the Religious Court’s capacity to handle Sharia economic cases. This study examines the factors that contribute to this limited trust and how they affect the use of the Religious Court as a forum for economic dispute resolution. Using normative legal research, this study analyzes statutory regulations, Religious Court decisions, legal doctrines, academic literature, and relevant institutional reports concerning Sharia economic dispute resolution in Indonesia. The findings show that public trust is weakened by three main factors: historical and regulatory limitations, inadequate court facilities to meet business needs for efficient dispute resolution, and low legal literacy among Sharia economic actors. Strengthening the Religious Court, therefore, requires regulatory reform, institutional improvement, better infrastructure, and sustained legal education. This study also highlights the importance of further research on public perceptions of the Religious Court.

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