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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 23 Documents
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PERLINDUNGAN HUKUM BAGI PENJUAL DALAM PERJANJIAN JUAL BELI KOMODITI AGRO DI PASAR LELANG FORWARD DI DAERAH ISTIMEWA YOGYAKARTA Heriyani, Endang; Yuniarlin, Prihati
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The study on legal protection for Seller in Purchase Agreement of Agro Commodity in Auction Market in Special Territory of Yogyakarta was a normative and sociological legal research. This study aimed at knowing how the purchase agreement of agro commodity in forward auction market was applied, and how the legal protection for seller in purchase agreement of agro commodity in forward auction market was. The data used were secondary and primary data. The result of the study showed that the purchase of agro commodity in forward auction market. Legal protection for seller in purchase agreement of agro commodity in forward auction market was acquired from 3 (three) things: (a) The legal protection given by government, it was given through the legislation by the issue of the Decree of Ministry of Industry and Trade of Republic of Indonesia Number 650/MPP/Kep/10/2004 on terms of Operation of Auction Market with Forward Transfer of Agro Commodity. (b) The legal protection from the purchase agreement of agro commodity, the agreement made by the parties applied as the law for all parties; and (c) The legal protection in dispute, the problem was solved by a discussion. If the discussion made no result, arbitration would be done. Key Words: legal protection, purchase of agro commodity, forward auction market.
KAJIAN TENTANG PELAKSANAAN PENCATATAN SIPIL DITINJAU DARI PERSPEKTIF UU NO. 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN DI KABUPATEN BANTUL Suwarni, Sri
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The research aims to figure out the implementation of vital statistics  in Bantul Regency that in line with Law No.23/2006, to find out problems in the implementation of this vital statistics, and to define efforts done by the officials in dealing with problem in the implementation of vital statistics with the presence of aforementioned regulation. This research was conducted in both library and field research methods. The data attained from both library and field research, analyzed in qualitative approach. Law No. 23/2006 has recently been implemented in Local Regulation of Bantul Regency No. 26/2008 on the implementation of demographic administration and Bantul Regent Regulation No. 16/2008 on Birth Certificate Record. Problems occurred on vital statistics during transition period of Law application are quality of human resources which is frankly speaking still insufficient to deal with high demand from the residents on service of official documents, especially birth certificate, and deficiency of facilities to support the implementation of vital statistics. The officials has conducted Demography and Vital Statistics Service in order to meet the high demand on providing official documents, are maximizing its service and using available facilities in Demography and Vital Statistics Service, also in Licensing Service.Keywords: demographic administration, vital Statistics, Licensing Service.
KAJIAN TENTANG PELAKSANAAN PENCATATAN SIPIL DITINJAU DARI PERSPEKTIF UU NO. 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN DI KABUPATEN BANTUL Sri Suwarni
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.371

Abstract

The research aims to figure out the implementation of vital statistics  in Bantul Regency that in line with Law No.23/2006, to find out problems in the implementation of this vital statistics, and to define efforts done by the officials in dealing with problem in the implementation of vital statistics with the presence of aforementioned regulation. This research was conducted in both library and field research methods. The data attained from both library and field research, analyzed in qualitative approach. Law No. 23/2006 has recently been implemented in Local Regulation of Bantul Regency No. 26/2008 on the implementation of demographic administration and Bantul Regent Regulation No. 16/2008 on Birth Certificate Record. Problems occurred on vital statistics during transition period of Law application are quality of human resources which is frankly speaking still insufficient to deal with high demand from the residents on service of official documents, especially birth certificate, and deficiency of facilities to support the implementation of vital statistics. The officials has conducted Demography and Vital Statistics Service in order to meet the high demand on providing official documents, are maximizing its service and using available facilities in Demography and Vital Statistics Service, also in Licensing Service.Keywords: demographic administration, vital Statistics, Licensing Service.
PERLINDUNGAN HUKUM BAGI PENJUAL DALAM PERJANJIAN JUAL BELI KOMODITI AGRO DI PASAR LELANG FORWARD DI DAERAH ISTIMEWA YOGYAKARTA Endang Heriyani; Prihati Yuniarlin
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.363

Abstract

The study on legal protection for Seller in Purchase Agreement of Agro Commodity in Auction Market in Special Territory of Yogyakarta was a normative and sociological legal research. This study aimed at knowing how the purchase agreement of agro commodity in forward auction market was applied, and how the legal protection for seller in purchase agreement of agro commodity in forward auction market was. The data used were secondary and primary data. The result of the study showed that the purchase of agro commodity in forward auction market. Legal protection for seller in purchase agreement of agro commodity in forward auction market was acquired from 3 (three) things: (a) The legal protection given by government, it was given through the legislation by the issue of the Decree of Ministry of Industry and Trade of Republic of Indonesia Number 650/MPP/Kep/10/2004 on terms of Operation of Auction Market with Forward Transfer of Agro Commodity. (b) The legal protection from the purchase agreement of agro commodity, the agreement made by the parties applied as the law for all parties; and (c) The legal protection in dispute, the problem was solved by a discussion. If the discussion made no result, arbitration would be done. Key Words: legal protection, purchase of agro commodity, forward auction market.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.376

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.369

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.
ASAS HUKUM DALAM UNDANG-UNDANG NOMOR 39 TAHUN 2004 UNTUK MEWUJUDKAN PENEMPATAN DAN PERLINDUNGAN TENAGA KERJA INDONESIA YANG BERMARTABAT Lalu Husni
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.375

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.
ASAS-ASAS HUKUM MODERN DALAM HUKUM ISLAM Muhammad Alim
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.373

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.372

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.374

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

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