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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 60 Documents
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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
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
Post-Divorce Consequences: A Legal Study of Decision No. 1442/Pdt.G/2018/PA.Btl Arifia, Ayu Yustika; Lestari, Ahdiana Yuni
Media of Law and Sharia Vol. 6 No. 2: March 2025
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i2.227

Abstract

Marriage is a union formed between a man and a woman legally. However, divorce often brings various challenges, one of which is the issue of child custody when children are born into the marriage. The research examines who is granted custody of the child in case No. 1442/Pdt.G/2018/PA.Btl and the responsibilities of parents after divorce based on the same case ruling. The study aims to determine the legal custody arrangement as per the verdict in case No. 1442/Pdt.G/2018/PA.Btl and how parental responsibilities are implemented post-divorce. The research employs an empirical normative legal approach. The study's findings reveal, custody is implicitly granted to the mother, as the child is still a minor (under 12 years old) and had been living with the mother prior to the divorce. Moreover, the responsibilities of divorced parents align with Article 41 of Law No. 1 of 1974 on Marriage and Article 104(1) of the Compilation of Islamic Law (CIL), which state that both parents remain obligated to care for and educate their child, with the father responsible for covering the child's living and educational expenses
Dispensasi Kawin di Pengadilan Agama Soasio: Antara Regulasi dan Kemaslahatan bagi Anak Berliana Dyah Cahyo Wati Putri; Marwa, Muhammad Habibi Miftakhul
Media of Law and Sharia Vol. 6 No. 2: March 2025
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i2.334

Abstract

Marriage dispensation is a policy of granting rights to men and 19 years of age. Marriage dispensation has become a phenomenon and a serious concern because the number of applications for marriage dispensation continues to increase among teenagers. One of the main factors driving the application for marriage dispensation is pregnancy outside of marriage. The purpose of this study is to analyze in depth the application of the best interests of children in granting marriage dispensation at the Soasio Religious Court based on the theory of welfare. This study was written using a type of normative juridical legal research because it uses secondary data obtained through literature studies. The results of this study indicate that there are four marriage dispensation regulation regimes in Indonesia, namely the regime before the Marriage Law, the Marriage Law regime, the Constitutional Court Decision Number 22/PUU-XV/2017 regime, and the Amendment to the Marriage Law regime. The Soasio Religious Court applies the principle of the best interests of children in granting marriage dispensation referring to the protection of children's rights. Marriage dispensation will be granted or approved by the Soasio Religious Court if it is considered to provide benefits to individuals, families, and society. If the granting of marriage dispensation actually causes harm, then the application for dispensation is worthy of being rejected or not granted
Jogja Smart Service: Utilization Under Presidential Regulation No. 95/2018 in SPBE Principles Suryo Bintoro, R.M Hafizh Swardana; Umi Khaera Pati
Media of Law and Sharia Vol. 6 No. 2: March 2025
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i2.342

Abstract

The research examines the compatibility of the legal framework for the Jogja Smart Service application with Presidential Regulation Number 95 of 2018, as well as the application of SPBE principles within the Jogja Smart Service. The goal of this study is to assess the alignment of the legal basis for the implementation of the Jogja Smart Service application and the integration of SPBE principles. The research employs a normative-empirical method, analyzing the application of relevant laws and regulations in real-world situations. The findings indicate that while there is legal conformity with the legal foundation for implementing the Jogja Smart Service, its practical application in society is less than ideal. Additionally, the implementation of SPBE principles is not optimal, due to various factors, such as limited public awareness of the Jogja Smart Service application, slow response times from officials in addressing public complaints, and a lack of transparency regarding the security system
Regulatory Framework of SITASYA in Manado Smart City: A Legal Analysis Lentang, Fahrozy; Annas, Muhammad
Media of Law and Sharia Vol. 6 No. 2: March 2025
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i2.347

Abstract

The research will discuss the SITASYA application based on Mayor Regulation Number 10 of 2018 concerning Manado Smart City. The purpose of the research is to provide an overview of the SITASYA application based on Mayor Regulation Number 10 of 2018 concerning Manado Smart City, and how the Mayor Regulation relates to the Principles of E-Government. The research method used is normative research and empirical research. The results of the research show that there is an inaccuracy between the arrangements contained in the Mayor's Regulation and the management of the SITASYA application that is carried out. And the Mayor's Regulation identifies the inability of the Regulation to fulfill E-Government Principles such as transparency, accessibility, and data security Keywords: E-Government, Sitasya, Smart City

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