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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 24 Documents
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Search results for , issue "Vol 19, No 2 (2012)" : 24 Documents clear
IMPLEMENTASI HAK KONSUMEN PASCA PEMBERLAKUAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN: A BREACH OF SOCIAL JUSTICE? Budianto, Agus
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The implementation of Consumer Protection Act which has shown the struggle to create equality of social justice between business people and consumers still remains a binding norm. On the other hand, ignorance or infringement of consumer rights can be interpreted as a breach of social justice, because the breach of social justice is defined not as a infringement of social norms, but interpreted as an infringement of consumer rights stipulated in the Constitution of the Republic of Indonesia in particular and the rights of the public in general, as mandated in the concept of welfare state. The concept of welfare state is not an abstract concept in consumer protection law, as mandated in Article 29 verse (1) Consumer Protection Act, that a state has roles in ensuring the fulfillment of consumer rights stipulated in the constitution or in other provisions. Thus, a  state has the obligation in creating equitable welfare through laws which is equal for all parties.Keywords: Consumer Protection, Social Justice
INVENTARISASI INSTITUSI ADAT REJANG DALAM RANGKA PENYUSUNAN KOMPILASI HUKUM ADAT REJANG Herlambang, Herlambang; Abdi, Muhammad; Harjanto, Andry; Yamani, Muhammad
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The research aims at finding values, principles, and norms of customary law in Indonesia that are necessary to improve the concept of rule of law in Indonesia. One of the customary laws that still exists in Indonesia is Rejang customary law (Hukum Adat Rejang) which applies in Rejang society, Bengkulu Province. The existence of Hukum Adat Rejang as customary law is influenced by values of kinship, community groupings and pattern of traditional Rejang tribes. In order to find and identify such norms, a legal anthropological research with a qualitative research would be used. The research was conducted at the District of Rejang Lebong, Lebong, and Kepahyang. The result of the research shows that kinship system of Rejang is based on patrilineal or matrilineal system. Rejang tribes consist of four tribes, they are Petulai Tubeui or Tubai, Petulai Bemani or Bermani, Petulai Jekalang or Jurukalang, Petulai Selupue or Selupu. There are some norms that could be identified in Rejang customary law, namely Bemaling, Menebo, Tikam, Sigar Kulit, Cucuk Kulit, Mea Bayang Daleak, Iram Coa Badaleak, Iram Badaleak, Tukak Takek Kukuk, Membalew, Cido Celako, Kejujung Tenggak, Mendaur Tenggak, Samun, Upet, Dawa, Sumbang, Johong Permayo, Mbut, Tambang, Pascas Poncong, Tepeket, dan Kerineak.Key words: Rejang customary law, institution of adat Rejang, compilation of adat Rejang
PENYELESAIAN TANAH KORBAN TSUNAMI YANG TIDAK ADA DAN/ATAU TIDAK DIKETAHUI AHLI WARISNYA Taqwaddin Taqwaddin; Sulaiman Tripa; Insa Ansari; Teuku Muttaqin Mansur
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.104

Abstract

Post-tsunami disaster in Aceh, legal issues on land are regulated by the Government Regulation in Lieu of Law Number 2 of 2007, which regulates among others on land that does not exist and/or unknown its owners and their heirs. The land is being taken care as  a religious treasure by Baitul Mal  with an order the Syar'iyah Court. This study applies juridical normative and sociological normative methods. From the field research it was found that the Government did not have data of lands with unknown owners and their heirs. It was known from decision of the Syar'iyah Court  of Banda Aceh which revealed that the fact was originated from the construction of the drainage where the land procurement committee did not know where to hand over the land acquisition fund.Key words: tsunami, land, Aceh
KONSEP PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN TRADISIONAL MASYARAKAT ASLI TENTANG OBAT DI INDONESIA ZAINUL DAULAY
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.99

Abstract

The Protection of Traditional Knowledge, especially protection traditional medicine, have been an academic debate in international forum. Research is aimed to find out: firstly, living norms protecting traditional konowledge of medicine in indigenous communities; secondly, comparing practices of developing countries in regulating Traditional Knowledge; and thirdly, identifying the current applicable concept in protection Traditional knowledge. The finding of the research comprises, firstly, as a valid owner of traditional knowledge, indigenous peoples have  reseonable rights to determine legal protection based on their perpectives.  Secondly, practices of medicinal knowledge arrangement in developing countries are variable and; thirdly defensive protection concept and positive protection involves intellectual property regime (patent, trademark and geographical indication) and legal regime sui generis to be applied in traditional knowledge, especially medicinal knowledge.Key Words: Traditional Knowledge; Indigenous Peoples; Ownership; Intellectual Property, Legal Protection.
PENEGAKAN HUKUM PENANGANAN GELANDANGAN DAN PENGEMIS MENURUT UNDANG-UNDANG DASAR 1945 DAN HUKUM PIDANA Yusrizal Yusrizal
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.109

Abstract

The criminal law enforcement in handling the vagabonds and the beggars should be in harmony with the higher regulations and with the values of the living law. Moreover, the implementation of article 34 of the 1945 Constitution and the policy if the legal provisions in the law abiding in the society, such as the law of the national social security system and the law of people’s prosperity which can contribute to the abolishment of poverty. The result of the research showed that the functionalization of the criminal law (law enforcement) against the vagabonds and the beggars was not maximal enough because the process of putting the criminal law in to operation was directed to punishment and not to development. Hierarchically, article 504 and article 505 KUHP are not restricted and efficient use of its implementations because they are not contrary with the high regulation. In principle, the vagabonds and the beggars do not violate the law; it can be said that and action cannot be categorized as illegal if there is no illegal intention so that it is true when the action is de-discrimination because no one complains because of their action.Key words: Law Enforcement, Vagabonds, Beggars, 1945 Constitution, Criminal Code
PERMIT PROCEDURE OF ESTHABLISMENT AND SUPERVISION OF NURSING CLINIC IN BANTUL REGENCY Nasrullah Nasrullah; Mishbahul Huda Alfarisyi
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.102

Abstract

As one of the health professions, nurse normally does no have independent authority to conduct medical practice. However, according to several regulations, nurse has a chance to establish and run his/her own nursing clinic. So far, there are six individual nursing clinics have been operated in Bantul Regency. By utilizing empirical research method with legislation approach, this research aims at finding out the importance and the permit procedure to establish nursing clinic as well as to know the supervision means used by the government upon the operated nursing clinic in Bantul Regency. This research proved that nursing clinics have given beneficial advantages on the society as whole. Meanwhile, to operate a nursing clinic a nurse has to be granted a Nursing Practice Permit Letter (Surat Izin Praktik Perawat/SIPP) from the government. Finally, the nursing clinic is supervised by the Health Bureau by means of supervision and control program.Keywords: nursing practice, nursing clinic, Nursing Practice Permit Letter, supervision and control program
FAKTOR HUKUM DAN NON HUKUM DALAM PUTUSAN TINDAK PIDANA KORUPSI DI INDONESIA Jamin Ginting
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.108

Abstract

The role of a judge is very important in deciding corruption cases in Indonesia, if a judge is affected by external which will make him/her unobjective in deciding a corruption case, thus his/her independency is judged. According to the research results, there is difference between cases which occurred in Java Island and Sumatera Island, where there is more corruption cases in Java compared to Sumatera and the punishment is more severe than in Sumatera, apart from that there are a lot of corruption done by company leaders with the average age of 46-54 years old. This shows that a leader of the mentioned range of age tends to misuse their position and opportunities while on the other hand, judges seldom give maximum punishment to corruptorKey words: Corruption, Judged, Independency, Legal Factor, Non Legal Factor.
INVENTARISASI INSTITUSI ADAT REJANG DALAM RANGKA PENYUSUNAN KOMPILASI HUKUM ADAT REJANG Herlambang, Herlambang; Abdi, Muhammad; Harjanto, Andry; Yamani, Muhammad
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.106

Abstract

The research aims at finding values, principles, and norms of customary law in Indonesia that are necessary to improve the concept of rule of law in Indonesia. One of the customary laws that still exists in Indonesia is Rejang customary law (Hukum Adat Rejang) which applies in Rejang society, Bengkulu Province. The existence of Hukum Adat Rejang as customary law is influenced by values of kinship, community groupings and pattern of traditional Rejang tribes. In order to find and identify such norms, a legal anthropological research with a qualitative research would be used. The research was conducted at the District of Rejang Lebong, Lebong, and Kepahyang. The result of the research shows that kinship system of Rejang is based on patrilineal or matrilineal system. Rejang tribes consist of four tribes, they are Petulai Tubeui or Tubai, Petulai Bemani or Bermani, Petulai Jekalang or Jurukalang, Petulai Selupue or Selupu. There are some norms that could be identified in Rejang customary law, namely Bemaling, Menebo, Tikam, Sigar Kulit, Cucuk Kulit, Mea Bayang Daleak, Iram Coa Badaleak, Iram Badaleak, Tukak Takek Kukuk, Membalew, Cido Celako, Kejujung Tenggak, Mendaur Tenggak, Samun, Upet, Dawa, Sumbang, Johong Permayo, Mbut, Tambang, Pascas Poncong, Tepeket, dan Kerineak.Key words: Rejang customary law, institution of adat Rejang, compilation of adat Rejang
KONSEP SUSTAINABLE DEVELOPMENT SEBAGAI BENTUK PERLINDUNGAN TERHADAP KORBAN TINDAK PIDANA LINGKUNGAN HIDUP Widowaty, Yeni
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.105

Abstract

The application of the principles of sustainable development in all sectors and activities become the main requirements to be internalized into policies and regulations in order that future generations will not inherit damaged and polluted environment. This research aims to identify, examine, and analyze the importance of legal protection and construct the ideal legal protection for the victims of environmental crime which have a sustainable development quality in the future.  This is a normative legal research which uses legislation law, case law, comparative, and conceptual as the approaches. The result of the research shows that philosophically, environmental crime victims should be protected because according to the theory of the law of the welfare state that the country is responsible for citizen’s welfare. Moreover, the preamble of the Indonesia 1945 Constitution 1945 (UUD 1945) also stated that the duty of the country is to protect the whole nation and give a general welfare. In the future, the ideal of environmental laws is to construct a sanction in the form of compensation for the victim and take on the environmental restoration by applying the principle of strict liability.Key words: Sustainable Development, Victims, Environmental Crime
BANGUN HUKUM AGRARIA NASIONAL BERBASIS NILAI-NILAI PANCASILA DI ERA GLOBALISASI Sumarja, FX
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.107

Abstract

The study aims at knowing the implementation of Pancasila values in national agrarian law, national agrarian law from political perspective and the construction of national agrarian law in the globalization era. The result of study shows that Pancasila has rooted deeply in Agrarian Law Number 5 Year 1960. Accordingly it can be potential tools to explain, anticipate and provide solution for any legal problems in agrarian law issues in Indonesia. The Agrarian Law Number 5 Year 1960 as responsive political product of law is able to fulfill demand of justice of the society in Indonesia. Facing the globalization era, the agrarian law has to put Pancasila as the foundation which guides the law.Key words: Pancasila, Agraria Law, Building of Law

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