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INDONESIA
Jurnal Media Hukum
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 08548919     EISSN : 25031023     DOI : 10.18196/jmh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 23 Documents
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Search results for , issue "Vol 17, No 1 (2010)" : 23 Documents clear
UPAYA PENANGULANGAN KEJAHATAN TERORISME YANG BERKARAKTERISTIK HAK ASASI MANUSIA DI INDONESIA Ridwan, Ridwan
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Indonesia is the country founded on law and not only power. Hence, the tackling of terrorism as a criminal offense must also be founded on law, respect and protection of human rights of the suspect, defendant, and convict. Human rights are guaranteed by the positive law in Indonesia. The party alleged as the terrorist can be arrested for two years without a trial, is not in accordance with the law founded on Pancasila which requires a guarantee for a just and civilized humanity to create justice for all Indonesian people based on the supreme of law.  Any violation of law by anyone including the law enforcer cannot be justified.  Consequently, a criminal policy is necessary by using penal and non-penal tools so that the law can be enforced effectively without endangering the value of legal basis in the forms of legal certainty, justice, and expediency. The law enforcement must also be accompanied by faith to avoid violation of law. Thus, the tackling of crime related to terrorism really characterizes human rights enforcement founded on the value of legal basis.
PELAKSANAAN HAK ATAS KESEHATAN BAGI PEGAWAI NEGERI SIPIL SEBAGAI BAGIAN DARI HAK ASASI MANUSIA PADA PT. ASKES (PERSERO) PEKANBARU Deliana, Evi
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Human rights are inherent rights for human being. It is independent from the influence of the law system and government.  One of those rights is the right of health. PT. Askes (Persero) is one of the companies which hold health insurance for civil servants (Pegawai Negeri Sipil/PNS). Based on legislation, civil servants must join this insurance. The problem is civil servants do not have information about their right and duty in health insurance contract. However, health institutions do not give their service well for civil servants.Keywords: human rights, health insurance, civil servants.
IN SEARCH FOR A DEMOCRATIC CONSTITUTION: INDONESIAN CONSTITUTIONAL REFORM 1999 - 2002 Indrayana, Denny
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

In 1999, the Indonesian People’s Consultative Assembly enacted the First Amendment to the 1945 Constitution. Over each of the next three years, it passed a further amendment. This paper argues that the amendments lacked what have widely been accepted as key features of a democratic constitution-making process. Many of the problems related to fundamental issues within the Constitution itself. It contained two aspects seen as crucial to the identity and survival of the country by most nationalists: the rejection of an Islamic state and the imposition in its place of a nationalist state ideology, the Pancasila. This paper proposes that to resolve the difficult relationship between Islam and the state - for the immediate future at least - the preamble and Article 29 should be made as a non-amendable and ‘entrenched’. From Indonesia’s experience, beside observing the general characteristics of constitution-making process in transition, scholars should note how the symbolic value of the 1945 Constitution strongly overshadowed the way the constitutional reform took place.Keywords: Constitution, Democracy, Amendment, Reform, Indonesia.
DESENTRALISASI KEWENANGAN BIDANG PERTANAHAN BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2006 Ismail, Ilyas; Abdurrahman, Abdurrahman; Jafar, Muhammad; Azhari, Azhari
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Law No. 11, 2006 concerning Aceh Government determines the existence of decentralization of authority in the land sector to the Aceh Government. However, in reality, the decentralization of authority could not be accomplished.  Therefore, this research aims at studying the authorities which have been decentralized and factors that led to the failure in implementing these authorities. The data were collected through literature research and field research. The literature research was conducted by reviewing the Law No. 11, 2006 and other statutory provisions as well as the views of relevant experts. Field research was conducted by interviewing officials of technical institutions and other relevant stakeholders. The results of the research show that the authorities in the land sector that are especially decentralized to the Government of Aceh through Law No. 11, 2006 are the autorithies to grand The Right to Cultivate and The Building Rights on Land. However, these rights have not been implemented due to the inavailability of more concrete rules and local officials whose fundamental duties and functions are specifically in the land sector.Key words: decentralization, authority, the land sector
ASAS-ASAS HUKUM MODERN DALAM HUKUM ISLAM Alim, Muhammad
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The legal principle is important because it is the truth which is used as a base of thinking and reasoning, especially in the law enforcement and implementation. The principle of law is the most important subsystem of one system of law and legal principle. The principle ranks above the rule system. It is not only because the principle of the law is more universal in character, but also because it reflects the values and cultural message which should be embodied in the rule of law. Theprinciple of law may be cited as the basis or reason for the formation of a rule of law or is a ratio legis of legal rule that contains the values, spirit, ideas of social or ethical views to be established. In the view of Islam, as mention in the Quran, Islam is a complete and perfect teachings. Completeness and perfection is spoken by Allah Almighty in the Quran sura Al Maaidah/5: 3. Although the rule of Allah in the teaching of Islam is perfect, the principle of Islamic law which is still considered legal principles derived from western scientific thought.Keywords: Modern Islamic Principles of Law, The legal principle, the law enforcement.
MAKNA OTONOMI DAERAH DI WILAYAH LAUT BAGI MASYARAKAT PESISIR KOTA SEMARANG Kushandajani, Kushandajani
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The main problem in this study was how the social significance of the existence of local autonomy regulation through the Law No. 32 of 2004. The specific questions tried to be answered in this study were whether the Law could preserve the social values rooted from the local culture, could increase the participation of the society, and finally could prosper the local society.Law No. 32 of 2004 contains local authority in the sea area which includes two categories, “to receive profit share” and “to have the authority to manage the resources in sea area” as far as 4 miles from coast line for the regions which own the sea. Through the delegation of authority in managing the coastal area, it was expected that the regional governance would develop the coastal society to be more prosper.The local government and the coastal society didn’t realize and couldn’t give an appropriate response to the change design in Law. The application of local autonomy which regulated territorial power division hadn’t yet been meaningful for the coastal society in Semarang City. Society development programs could not increase the participation yet. Meanwhile, economic development hadn’t yet been able to increase the costal society’s prosperity.Keywords: Local autonomy, the coastal society, prosperity.
PERLINDUNGAN HKI SEBAGAI UPAYA PEMENUHAN HAK ATAS IPTEK, BUDAYA DAN SENI Sri Imaniyati, Neni
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The problem of Intellectual Property Right (IPR) is getting more complicated. IPR becomes one of the international issues besides problems on human right, environment, democratization, and standardization. Based on basic concept of IPR, IPR is the effort of recognition, respect, and right fulfillment on science, technology, culture, and art, which are parts of human rights. The IPR regulation in Indonesia is hierarchically written on the constitution and other regulations. As the consequence, when Indonesia ratified GATT, the IPR regulation in Indonesia must be continuously in line with TRIPs. Today, Indonesia is considered unready to implement TRIPs. It then turns out as negative perception upon IPR that is the possibility of losing the chance of IPR implementation in Indonesia that closely related to the emergence of high cost, insignificant influence on the foreign investment in Indonesia, and the occurrence of “biological hijack” toward Indonesian natural resources.Keywords: Protection, IPR, Science, Technology, Art and Culture
PENANGGULANGAN TERHADAP KEGIATAN ILLEGAL FISHING OLEH KAPAL-KAPAL PENANGKAP IKAN ASING DI WILAYAH PANTAI BARAT SUMATERA Ferdi, Ferdi; Delfiyanti, Delfiyanti
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The intensity of fishing activity around West Coast Area of Sumatra increased along with the decrease of the fish amount in marine area in other countries. This condition urged foreign fisherman boats to search for a new fishing area including the West Coast Area of Sumatra. This Area was the strategic part of marine area of Indonesia, it directly faced the high seas, Indian Ocean. Based on the data from Department of Maritime Affairs and Fisheries, marine fishery source of Indonesia was estimated to reach 6.167.940 tons per year. This illegal fishing was certainly detrimental for the country since it threatened the fishery potentials and the fish stock was decreasing. The line of West Coast Area of Sumatra was prone with illegal fishing, which included West Sumatera, Nanggroe Aceh Darussalam, and North Sumatera. The illegal fishing activities in the West Coast of Sumatra had been apprehensive, because the waters around this area were the open sea easily entered by foreign boats. Therefore, “Fishery Court” (in Medan) was formed to investigate, adjudicate, and decide criminal offense in fishery. The fishermen caught and arrested were then processed further based on the law referring to the Act No. 8 of 1981 on KUHP. Key Words: The Tackling, Illegal Fishing, West Coast Area of Sumatra
PERANAN PEMERINTAH KOTA YOGYAKARTA DALAM MENINGKATKAN PELAYANAN PERIZINAN DAN MEWUJUDKAN FUNGSI IZIN SEBAGAI ALAT PENGENDALI BAGI KEGIATAN MASYARAKAT YANG MEMBAHAYAKAN LINGKUNGAN Nurwigati, Nurwigati
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The research aims to discover the relation between debureaucratization of licensing service and actualization of license function as a control to society’s threatening activities in order to avoid vicinity’s threats. The research resulted in some points, as licensing service in Yogyakarta municipality is not only quick, simple, and transparent, but also makes environmental aspect as one of its main concerns. Since documents in environmental management become main requirement to attain the license, when Environmental Bureau decides that all required in UKL-UPL, DPL has been completed, this bureau will issue the license no longer than 3 days. It is expected that the license will be processed exactly as the allocated time.  Meanwhile, in relation with retribution fee on making the license, the fee will be paid to Financial Management Board and then used it in preventing environmental threats via Environmental Service. Total budget available for this program is IDR. 11,353,434.740; on the other hand, income from retribution fee on licensing in 2007 was IDR. 2,216,475.050. It means that all the income from retribution fee on licensing returns back to society to prevent vicinity’s threats, even the municipality still provides additional funds from its budget.Keywords: Debureaucratization, Licensing Service, Environment.
ASAS HUKUM DALAM UNDANG-UNDANG NOMOR 39 TAHUN 2004 UNTUK MEWUJUDKAN PENEMPATAN DAN PERLINDUNGAN TENAGA KERJA INDONESIA YANG BERMARTABAT Husni, Lalu
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Legal principles (rechtsbeginselen) in Act No. 39, 2004 have not been fully translated as fundamentals in the establishment of legal norms (rechtsnormen) of placement and protection of Indonesian Migrant Workers. The principles which have been translated are the principle of equal rights, the principle of social justice, the principle of equity and justice of gender, and the principle of human trafficking/trafficking in person. The principle that has not been completely translated is the principle of integration. While, the principles which translations could not be found separately are the principle of democracy and the principle of non-discrimination. In order to protect the Indonesian Migrant Workers as dignified human beings, the legal principles should be reviewed again by adding new principles, that is, principle of humanity and principle of state responsibility as the philosophical foundation of the placement and protection of migrant workers in the future.Keywords: Legal principles, The Placement and Protection of Dignified Indonesian Migrant Workers.

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