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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 18 Documents
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Search results for , issue "Vol 25, No 2, December 2018" : 18 Documents clear
Kedudukan Hukum PERMA Nomor 2 Tahun 2012 dalam Perspektif Sistem Peradilan Pidana (Studi di Pengadilan Negeri Kelas I Kupang) Ballu, Nuriyani
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0112.171-180

Abstract

This study aims to determine the position and the application of criminal penalties in accordance with the Supreme Court Decree Number 2 of 2012 concerning Adjustment of Limitation of Minor Crime and Amount of Fine in the Penal Code from the Perspective of the Criminal Justice System. The nature of research is normative legal research. Data in the form of court decision was take from the Kupang District Court. Study was made against the theft case involving an accused named Yohamir Amtiran Alias Hamir Amtiran which is registered in the mentioned court numbered 205/ Pen.Pid / 2015 / PN.KPG. The accused person has been alleged for having stolen two watches, one with Giotana brand, silver-colored boxy, and another one with SEIKO brand, spherical gold. The theft was committed at night in a house owned by Indriani Listya Purwanti Indri alias Indri located in BSB Housing Complex, Puri Lontar Street, Oebufu Village, Oebobo Subdistrict, in Kupang. The economic value of the stolen properties is approximately Rp 1,500,000.00 (one million and five hundred thousand rupiahs). The accused was tried with the ordinary criminal proceedings and put under detention.  It is clear that the judges have not yet implemented the above mentioned Supreme Court Decree.
Penormaan Pengawasan Izin Lingkungan dalam Pencegahan Pencemaran dan Kerusakan Lingkungan Hidup dalam Eksploitasi Sumber Daya Alam Listiyani, Nurul; Akbar Hayat, Muzahid; Mandala, Subianta
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0116.217-227

Abstract

In environmental protection and management, the main effort is to prevent pollution and damage on environment instead of repressing the damages occurred. Permit is one of preventive measures and becomes a principle in Administrative Law. Permits can be seen as government’s tool as judicial preventive and used as an administrative instrument to control people's behavior. Environmental permit can be seen as preventive measure, because it always related to orders and obligations that must be obeyed by the holder. On the other hand, environmental permit also function as repressive instrument to counter environmental problems due to human activities, including mining. The norm’s obscurity on the supervision of environmental permits in in Law No. 32 Year 2009 on Environmental Protection and Management (hereafter will refer as UUPPLH) is an indicator for the lack of the objective results.Based on type, this research  focuses the study on the Environmental permit as an absolute requirement. Normatively, the principle of environmental permit as stipulated in Environmental Law regulates that every business and/or activity which required an Environmental Impact Analysis document or UKL-UPL should also hold an environmental permit. The purpose of Environmental permits is to maintain the preservation of environmental functions while also prevent and counter environmental pollution and damage due to human activities. Based on this construction, permits plays a very important role in environmental activity. Exploitation of natural resources has a significant impact on the environment, thus based on Article 22 paragraph (1) of Environmental Law these activities requires an Environment Impact Analysis. Important impacts as detailed in Article 22 paragraph (2) at empirical level still occurs so the goal of preventing pollution and damage as the objective of environmental permits still has not been achieved.
Implikasi Pengujian Undang-undang oleh Mahkamah Konstitusi dalam Mewujudkan Maqashid Syari’ah Nur Wijayanti, Septi; Lailam, Tanto
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0115.202-216

Abstract

This research is about the implications of constitutional review by Constitutional Court in realizing maqashid sharia backgrounded by the ambiguity of whether or not to use the maqashid syariah as a benchmark in constitutional review. The research is to observe the use of maqashid syariah as a benchmark and the implications of the legal system in Indonesia. The method used is normative legal research focusing on several decisions of Constitutional Court. The results of the study show that the Constitutional Court accommodates maqashid sharia. Based on the analysis of Constitutional Court Verdict Number 2-3/ PUU-V/2007, Verdict Number 12/PUU-V/2007, Verdict Number 68/PUU-XII/2014, Verdict Number 85/PUU-XI/2013 show that in constitutional review, the Constitutional Court uses the maqashid syariah as a benchmarks (in the framework of  Pancasila) in line with the idealization of Baldatun Thayyibatun wa Rabbun Ghafur meant to maqashid syariah focusing on maintaining the benefit of religion/din, maintaining the benefit of the soul/nafs, maintaining the benefit of reason/aql, maintaining the benefit of descendants/nasl, and maintaining the benefit of wealth/mal) has been accommodated and applied in constitutional review. The implication is that maqashid sharia becomes one of benchmarks in constitutional review and the Constitutional Court can intepret the contextualization of maqashid sharia in various cases.
Kedudukan Hukum Pihak Ketiga dalam Layanan Keuangan Tanpa Kantor Joko Suryono, Leli; Anggriani, Reni
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0117.228-235

Abstract

Financial Services Authority Regulation Number 19/POJK.03/2014 concerning Financial Services Without Offices In the Context of Inclusive Finance, the Financial Services Authority in collaboration with the Banking sector makes services sell well. In this study as clever behavior is Bank Central Asia, which is one of the banks that conducts Officeless Financial Services, because it needs to serve people in remote areas, it is necessary to know the definition of clever service in order to know how the legal position of Third Parties in managing smart services still unclear, especially the legal status of the Third Party as a liaison between the bank and the customer. The purpose of the study is to examine and analyze the legal standing of third parties in financial services without offices. This research is a normative legal research that examines the principles, legal concepts and legislation related to the legal position of third parties in the provision of financial services without offices. The conclusion of this study is that Officeless Financial Services is an activity of providing banking services and/or other financial services carried out not through office networks and legal relations of the parties based on cooperation agreements and internal circulars. The legal position of third parties is as a bank liaison with customers (agents) and an extension of the bank (partner), where in each implementation there are rights and obligations that must be fulfilled in order to achieve the implementation of salable services.
Pergeseran Aturan Netralitas Aparatur Sipil Negara dalam Pemilihan Umum Bagus Sarnawa
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0113.181-189

Abstract

The State Civil Apparatus (ASN) is the executor of government and development tasks. Therefore the ASN must be neutral. Based on Law Number 5 of 2014, the neutrality of the ASN is free from the influence and intervention of all political parties and groups. To maintain and guarantee the neutrality the integrity, cohesiveness, and unity of the State Civil Apparatus from the influence of political parties and to focus all attention, mind and energy on the tasks charged, the ASN is prohibited from becoming a member and/or administrator of political parties. In the past, the neutrality of the ASN began in the Old Order, when the issuance of Presidential Regulation Number 2 of 1959 concerning the Prohibition of Civil Servants and Public Officials in Political Parties. Furthermore, this Presidential Regulation was followed up and expanded with a Circular Letter of the President of the Republic of Indonesia Number 2 of 1959 concerning Prohibition of Membership of Political Parties for State Officials that Carry Out State Obligations Outside of Positions which they hold. Furthermore, in the New Order period, Law Number 8 of 1974 concerning the Principles of Staffing, while during the Reform Order was issued, among others, Law Number 43 of 1999, Civil servants must be neutral from the influence of all groups and parties and not discriminatory in providing services to the public. And the Reform Order was issued Law Number 5 of 2014 and other regulations related to the neutrality of the ASN
Konflik Wilayah Laut Tiongkok Selatan dan Kejahatan Lintas Negara serta Implikasinya terhadap Ketahanan Nasional Jawahir Thontowi
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0108.124-136

Abstract

This research aims to grasp to an understanding the influence of conflict of the Southern Tiongkok Sea and Transnational Organized Crime (TOC) to ASEAN peaceful and security region, as well as to the National Resilience of the Republic of Indonesia. Research method use a normative by examining relevant legal rules. Meanwhile, it is used analysis of substantive legal rules and the functioning of institutional government. The research findings are included as a follow (1) the Tiongkok government’s claim on the nine-dash lines over territory has no international legal basis. (2) The Indonesian government considers Transnational Organized Crimes, such as drug and narcotic trafficking, etc can therefore be categorized as more serious treath to the National Resilience of RI. The Indonesian government needs to take a countermeasure against Transnational Organized Crimes rather than the conflict of the Southern Tiongkok Sea. It is therefore the Indonesian government expected to take strictly control Transnational Organized Crimes over the entire territory.
Mewujudkan Keadilan Sosial dalam Penyelesaian Sengketa Di Pengadilan Administrasi Indriati Amarini
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0111.162-170

Abstract

Administrative Courts in developing countries carry out more demanding tasks than those in developed countries because they have to be able to keep the balance between protecting public and individual interests. This research raises the issue of how to realize social justice in resolving a dispute in Administrative Courts. This is a doctrinal research using legal, conceptual, and comparative approaches. The research result indicates that Administrative Courts, carry out the oversight function against the acts of government officials, have to realize the justice which becomes the essence of the administrative law’s goal, that is social justice. Social justice which is built on the basis of Pancasila, functions to maintain the balance between the individual interest and the society’s rights so that the balance and harmony between the government and the people will be created. Furthermore, the Administrative Courts have to be able to realize the social justice, not only normative or procedural justices.
Editorial Foreword admin jmh
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v25i2.15806

Abstract

Editorial Foreword

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