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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 68 Documents
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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
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 (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.
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.
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 (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 (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.

Page 7 of 7 | Total Record : 68

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