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Contact Name
Wahid Fathoni
Contact Email
wafathoni@umy.ac.id
Phone
+628872339336
Journal Mail Official
wafathoni@umy.ac.id
Editorial Address
Office: E5 Building, 2nd Floor, Universitas Muhammadiyah Yogyakarta Adreess : Brawijaya Street, Tamantirto, Kasihan, Bantul, DIY, Indonesia
Location
Kab. bantul,
Daerah istimewa yogyakarta
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 75 Documents
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.
A Comparison of Regulatory Oversight of Loan Interest Rates on Peer-to-Peer Lending Platforms in Indonesia and the United States Kurniayudha, Wikian Fadam; Setianingrum, Reni Budi
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.471

Abstract

The rapid growth of financial technology, particularly peer-to-peer (P2P) lending, has expanded public access to financing but has also raised concerns regarding high and insufficiently transparent loan interest rates, which may increase default risks and weaken consumer protection. This study aims to analyze the supervision of P2P lending interest rates in Indonesia and compare it with the regulatory framework in the United States (US) to identify a more effective and equitable regulatory model. This research employs a normative legal method using statutory and comparative law approaches through a literature review of relevant legislation, legal doctrines, and scholarly works. The findings indicate that Indonesia has established a regulatory framework through the authority of financial regulators to set maximum interest rate limits. However, the implementation of supervision and transparency still faces several challenges. In contrast, the US regulates lending interest rates through mandatory disclosure of the Annual Percentage Rate (APR) and interest rate limitations under state-level usury laws. The study concludes that strengthening interest rate supervision, enhancing transparency, and refining regulatory policies are necessary to improve consumer protection and reduce default risks in Indonesia’s P2P lending industry.
The Role of Religious Figures in Preventing Incest in Tanjung Village: A Maqashid Sharia Perspective Putri, Tania Kadziyah; Marwa, Muhammad Habibi Miftakhul
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.485

Abstract

This study examines the phenomenon of incest, a forbidden marriage between closely related individuals, focusing on the case of seven infant deaths in Tanjung Village, Banyumas, resulting from a consanguineous relationship between a father and his biological child. The incidence of incest in Indonesia is notably high. If left unchecked, incest poses a threat to religious teachings and societal resilience. The objective of this research is to conduct an in-depth and critical analysis, using the perspective of maqashid sharia, of the incest phenomenon, its societal impacts, and the role of religious leaders in preventing non-marital incestuous relationships in Tanjung Village, Banyumas Regency. This research is a normative juridical legal study. The data sources used are primary data obtained through field studies and interviews with one figure each from Muhammadiyah, NU, and LDII. Secondary data were obtained through library research of various relevant literature. The collected data were then analyzed using the concept of maqashid sharia. The findings reveal that the role of religious leaders from Muhammadiyah, NU, and LDII in Tanjung Village, Banyumas Regency, is highly strategic in preventing incest. The moral guidance delivered through religious outreach aligns with the objectives of maqashid sharia, preservation of faith, life, intellect, property, and lineage. Incest, whether committed outside or within marriage, contradicts maqashid sharia, as it causes more harm than benefit.
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.