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INDONESIA
Jurnal Media Hukum
ISSN : 08548919     EISSN : 25031023     DOI : 10.18196/jmh
Core Subject : Social,
MEDIA HUKUM (JMH) (ISSN:0854-8919, E-ISSN:2503-1023) is journal published by Faculty of Law Universitas Muhammadiyah Yogyakarta. JMH publishes scientific articles that related in law, development and harmonization of Shariah and positive law in Indonesia. JMH are published twice a year, in June and December. Articles are written in English or Bahasa Indonesia and reviewed by competence reviewers.
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Articles 22 Documents
Search results for , issue " Vol 20, No 1 (2013)" : 22 Documents clear
KAJIAN TENTANG PERTAUTAN HUKUM HUMANITER INTERNASIONAL DENGAN HUKUM PENGUNGSI Riyanto, Sigit
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

International Humanitarian Law and International Refugee Law are two branchs of law relevant to the protection of human rights in a specific context. This research aimed at evaluate the relationship of these two branchs of law. Legal materials that thoroughly considered and analized in this research were relevant international rules and facts embodied in international customs, general principles of law, international treaties, conventions, declarations and decisions of international organisation, recommendations, academic publications, proceedings and working papers. Based upon the analysis of the existing legal materials, eventually, it could be inferred that International Humanitarian Law has influenced International Refugee Law both in the standard setting and in the interpretation process. The rules embodied in these two branchs of law established a continuum protection for the victims of confilct with violence. Two international humanitarian agencies; International Committee of the Red Cross and the United Nations High Commissionner for Refugees has served as the guardians in the framework of promotion and implementation of these two branchs of law. Grave breaches of International Humanitarian Law and acts triggered international displacement were international wrongful acts and generate state responsibility.
GAP ANTARA FIKIH MUNAKAHAT DAN UNDANG-UNDANG PERKAWINAN Khaeruddin Hamsin, Muhammad
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The existence of marriage law in Indonesia has involved various interests such as religion, state, and women. In this sense, Indonesia expects to have a uniform marriage law in order to reduce gap and tension among the existing legal systems, namely Civil Law (Dutch Law), Adat law and Islamic law (fiqh). The research aims to study critically the reasons behind the gap between Fiqh Munakahah and Marriage Law Act in cause of marriage under age, to find out alternative policy resolving the gap. The research is normative legal research with non-doctrine approach. Both library and field research are conducted. The research find out that the alternative policy to overcome the gap is by enforcing legal sanction in marriage law, promoting more intensive legal awareness in the society and formulating a clearer provision in the marriage law act. Particularly on minimum age for marriage, therefore society might accept the law sociologically and philosophically.

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