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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 25, No 1, June 2018" : 23 Documents clear
TINJAUAN HUKUM ISLAM TERHADAP FUNGSI BALAI HARTA PENINGGALAN DALAM MENGURUS HARTA KEKAYAAN ORANG YANG TIDAK HADIR Yuniarlin, Prihati; Heriyani, Endang
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0096.1-8

Abstract

People who are absent do not lose their status as legal subjects who have rights and obligations. For this reason, it is necessary to protect both the interests and property. The purpose of this study was to find out whether the Heritage Hall had fulfilled its function in managing the assets of people who were not present. This research is a normative legal research with a conceptual approach (conceptual approach) and a law approach. The informant in this study is an Islamic Civil Law Expert. The study is showed 3 results. First, the Heritage Property has fulfilled its function in managing the assets of people who absent. Second, the existence of the Institution of Treasury Hall can provide legal protection for the assets of people who absent. Third, the function of the Treasure House in managing the assets of people who absent can be said to be in accordance with Islamic law. Although the task of managing or managing the assets of people who absent is different, in Islamic Law the institution authorized to take care of the assets of people who absent is the Temporary Zakat Agency according to the Civil Code, the management of assets that are not present is the Heritage Hall . However, the essence is same, both the Amil Zakat Institution and BHP in principle represent the State in managing the assets of people who absent.
ANALISIS YURIDIS PUTUSAN BEBAS TERDAKWA ANGGOTA POLRI DALAM PERKARA TERTEMBAKNYA WARGA SIPIL DI MESUJI LAMPUNG Seregig, I Ketut
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0101.48-59

Abstract

The Free Verdict handed down by the Appellate Court of the Tanjungkarang High Court is a judgment that has fulfilled the sense of justice for the defendant AKP WH as a member of the Police, because the Panel of Judges has shown the authority of this law in the eyes of the public in general and gives appreciation to the Indonesian Police measures in securing the show  anarchist feelings that people do. However, the justification justifying the decision of the Tanjungkarang High Court of  Appeals Court is the issue that needs to be investigated to determine what is considered by the Panel of Justices so that in its decision to free the Defendant AKP WH from all charges.The conclusion of the research that has been done is that the free judgment handed down by the Appeals Judge to the defendant is based on several considerations that are used as justification reasons, among others; the defendant has performed his duties in accordance with the procedures laid down in the applicable law and the use of firearms to disperse anarchist masses and no longer any party to the act of the defendant, material or moral, as all parties have agreed to make peace. Reviewing the facts presented in the appeals court by the Appeals Panel is used as the Rejection and Forgiveness Reason because there is no longer any legal provisions violated by the defendant AKP WH, the Panel of Judges frees the defendant from all charges
PERLAKUAN TERHADAP TERPIDANA MATI DI LEMBAGA PEMASYARAKATAN DALAM PERSPEKTIF HAK ASASI MANUSIA Sitanggang, Djernih; Laela Fakhriah, Efa; Suseno, Sigid
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0106.102-110

Abstract

The Penal system is conducted by the correctional facility was only oriented towards convicted criminals. The problem was on how to treat death penalty convicts who are in the penitentiary during the execution waiting period. The result research’s on Penal system is only effective for convicts obliged to follow the restoration program, whereas the death penalty convict was not obliged and for him to decide actively or not to follow the restoration program. The restoration program must to be obliged for the death penalty convict, so that the penal system could provide protection for Human Rights
RESTORATIVE JUSTICE: PARADIGMA BARU PERADILAN PIDANA Satria, Hariman
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0107.111-123

Abstract

Direction of criminal justice in Indonesia is currently experiencing a shift from retributive to restorative-rehabilitative or daad-dader-strafrecht or model of balance of interests. This is confirmed by Laws No. 11 of 2012 on Juvenile Justice System, which states in Article 6 to Article 8 that emphasizes the concept of restorative justice through diversion. Both of these concepts allow the settlement of children out of the criminal justice. However, not all criminal offenses committed by children can be settled out of court (diversion) unless two conditions are met: imprisonment for a criminal offense under seven years and is not a repetition of criminal offenses (recidivism). The essences of restorative justice are: First, in the settlement of children, it is necessary that the offenders and their families and victims and their families can sit together to discuss the settlement of issues including reparations to victims (restitution in integrum). Second, the essence of restorative justice is to give punishment to the offenders but the punishment is didactic, in order to benefit to both of the perpetrator and the victims.  This is in line with an adagio “delinquens per iram provocatus puniri debet mitius”. Third, regulation of a quo using two approaches: i.e. victims and offenders mediation approaches as implemented in North America as well as approach that emphasizes restitution and reparation (court based restitutive and reparative measure), as practiced in the United Kingdom
KOMPARASI PENYELESAIAN PENGADUAN NASABAH ANTARA BPD D.I. YOGYAKARTA DAN BPR DANAGUNG BAKTI GROUP Yuliansyah, Rasyid; Yunita, Ani
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0098.22-30

Abstract

This study is determined how the settlement system of customer claims the Regional Development Bank of Yogyakarta and Danagung Bakti’s Rural Bank and its Legal Implications. This study is non-doctrinal or empirical. The type of the research is empirical research and the research approach is the law concept with data sources of primary data, secondary, and tertiary. Data was collected through interviews, and study literature or documents. The result of this study is the system settlement of Customer Complaints in Regional Development Bank of Yogyakarta and Danagung Bakti’s Rural Bank accordance with PBI Numb. 7/7/PBI/2005 as amended by Regulation Numb.10/10/PBI/2008 on settlement of Customer Complaints although the level of implementation in the field there are still some deficiencies.  The legal implications concerning the existence of Standart Operating Procedure in the Regional Development Bank (BPD) of DIY result in the smooth implementation of the Customer Complaints Settlement process at Regional Development Bank DIY while the implications related to the absence of Standart Operating Procedure in Bank Perkreditan Rakyat Danagung Bakti cause still less optimal settlement process of customer complaint in Danagung Bakti Rural Bank.
THE MADRID PROTOCOL: MEWUJUDKAN PERLINDUNGAN HUKUM YANG EFEKTIF BAGI MEREK TERKENAL DI ASEAN Rohaini, Rohaini
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0103.68-80

Abstract

Intellectual Property Rights protection system is territorial. Registration and law enforcement must be done separately in each relevant jurisdiction. In the brand regime, this system is often a challenge for brand law enforcement. In practice, a brand with a well-known trademark often used without permission even registered by an unauthorized party only because the trademark is not registered in that country. Even this condition occurs in the ASEAN region. Take Vietnam, for example, in Vietnam it would be very easy to find the use of famous brands without permission by certain parties very freely because the trademark was not registered in Vietnam. The Madrid Protocol, which is a refinement of the Madrid Agreement, since its inception in 1989 is an alternative in building an international registration system. This system offers convenience for brand owners to get protection for their brands worldwide (Protocol member countries) with only one application and one procedure through WIPO International Berau to proceed to destination countries
USULAN RUMUSAN HUKUM ACARA (IUS CONSTITUENDUM) PENGUJIAN PERATURAN PERUNDANG-UNDANGAN DI BAWAH UNDANG-UNDANG OLEH MAHKAMAH AGUNG Effendi, Maftuh; Cahya Indra Permana, Tri
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0099.31-39

Abstract

The implementation of juridical control of the legislation under the law by the Supreme Court through judicial review until nowadays was not running optimally. One of the causes of the less optimal quality of the decision to test regulations under the law was the absence of procedural law for the testing of material test rights that can accommodate the needs of the proceedings. These article wishes to propose a number of ideas so that in the future the MA will begin to discuss the procedural law for the testing of laws and regulations under the Act through trials that were open to the public. This is based on the principle that disputes in the laws and regulations under the Act not only examine juridical aspects, but also facts, and the decisions are final and binding, so that they have a broad impact on the public. Therefore, it is necessary to develop material on the contents of the procedural law for the testing of laws and regulations under a law that reflects the principle of fairness in order to increase public trust.
Konsep Judicial Pardon (Pemaafan Hakim) dalam Masyarakat Adat di Indonesia Farikhah, Mufatikhatul -
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0104.81-92

Abstract

ABSTRACTRenewal of the criminal law puts a new conception of Judicial Pardon in the formulation of Article 56 paragraph (2) of the draft of the Criminal Code concept of 2016. The author is believed the existence of the concept in indigenous Indonesian society, so that it can find the best concept is characterized by Indonesia. The article is based on the results of normative legal research with the method of conceptual approach and statue Approach. The concept of Judicial Pardon has appeared in various forms of implementation within the Indonesian Community, including in Indigenous Batak Karo, Lampung Menggala, Minangkabau, Java and Aceh. The concept of forgiveness that exists within indigenous peoples requires the forgiveness of the victim, and does not necessarily eliminate the criminal. There are sanctions provided but the sanctions are not only for the interests of the victim and the perpetrator but also to restore the balance that has been damaged by the crime. The sanctions in the form of indemnification or other forms agreed by the parties including the public, through a peaceful resolution mechanism without involving the Court
FORUM PRIVILEGIATUM SEBAGAI WUJUD PERADILAN YANG ADIL BAGI MASYARAKAT Sastra Panjaitan, Budi
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0100.40-47

Abstract

This paper aims to find out whether the privilegatum forum is needed or not to bring about a fair justice for the community. The state provides fair recognition, guarantee, protection and legal certainty for everyone without distinction of ethnicity, religion or position, including the poor who are unable to have access to justice properly, but in reality justice is not easily obtained, including those who are economically is under. Justice is illustrated more easily by those with special standing as state officials. In order to realize the balance of law and balance the sense of justice in the community, it is time for the forum privilegatum made a permanent choice for state officials who commit criminal acts. Through the privilegatum forum, the dismissal and punishment of state officials committing crimes is committed through special court mechanisms. This special tribunal is the first and final courts whose decisions are final and binding.
KAJIAN TERHADAP AKAD MURABAHAH DENGAN KUASA MEMBELI DALAM PRAKTEK BANK SYARIAH Wahyu Muhammad, Danang; Vivin Setyoningsih, Erika
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0105.93-101

Abstract

Murabahah is a buying and selling contract between two parties in which the first party, the seller (bai’) has an obligation to sell goods needed by customers. The second party is the buyer (musytari). This party is obliged to pay the goods purchased. In murabahah, the first party or the seller (bai’) informs the customers about the cost of goods sold along with the agreed profit. Murabahah is commonly used in Islamic bank financing practices especially murabahah with buying authority. In this practice, akad (contract) murabahah and authorization contract are merged in one contract. This means that the seller will automatically become the party who gives authorization and the buyer becomes the party who receives authorization. The problem of the research is how the murabahah contract with buying authority is applied in Islamic bank financing which accords with Islamic principles. The type of the research is juridical normative by using legal approach. This research used primary, secondary, and tertiary legal materials as the main source. The analysis method used was descriptive method. The research result indicates that the merging of both murabahah contract and buying authority contract are approved to be correct according to Islamic principles. However, it must be conducted carefully since there has to be clear differentiator between when the murabahah contract and when authorization contract take place. Other than that, there has to be clear from several parties between the rights and obligations of the parties involved in murabahah contract and buying authority. In the financing practice with buying authority, banks are the seller when murabahah contract takes place and customers are the buyers. Meanwhile, in buying authority contract, banks are the principals and customers are the agents. Murabahah contract is conducted after buying authority contract takes place.

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