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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 18 Documents
 1   2 
Search results for , issue "Vol 26, No 2, December 2019" : 18 Documents clear
Simultaneous Local Election in Indonesia: Is It Really More Effective and Efficient? Nugroho, Rahmat Muhajir; Asmorojati, Anom Wahyu
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190135

Abstract

Election system that is not carried out simultaneously, among others, has led to high political costs of local election. One of the objectives of the simultaneous local election design is the budget efficiency of the election implementation. This study aims to evaluate whether the simultaneous local election implementation may create a more effective and efficient local elections in the Special Region of Yogyakarta and South Kalimantan. This research was conducted using a normative juridical approach by analysing the applicable legal regulations, particularly Law Number 8 of 2015. In addition, an empirical juridical approach was used to see the implications of the establishment of Law Number 8 of 2015 on the Local Election. The results of study showed that the simultaneous local elections held in the Special Region of Yogyakarta and South Kalimantan were more effective and efficient in terms of controlling and solving problems, budgeting and time used for the implementation of the local election.
Transformative-Participatory Legal Research Method for Harmonizing The Existence of The Living Law in Indonesia Halim, Yoefanca; Sudewo, Fricky; Justian, Jestin
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190130

Abstract

The most common research which conducted in Indonesia is a doctrinal research, based on the deductive approach. Theoretically, all provisions have noble goals, but in practice there are several difficulties in term of implementation, especially related to existence of living law. Therefore, appropriate legal-research method is needed to counter the polemic, namely the use of transformative-participatory legal research method. The article aims to explore how to harmonize the living law with transformative-participatory legal research methods. The method uses in the study is the normative legal research method. The research found that through the transformative-participatory legal research, legal researchers would still accommodate the essence of legal analysis founded in conventional methods, but it will not be confined by those methods.  The living law is the essence in society and based on transformative-participatory research method, the law-making process needs a community participation and empowerment.
Village Sovereignty in Dispute Resolution after Law No 6 of 2014 concerning Village Isdiyanto, Ilham Yuli
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190136

Abstract

The research was conducted in order to strengthen the position of the village as a form of social control institution in solving problems that is present in the village setting which began to disappear since the independence era. A descriptive-qualitative approach with a historical-normative method is used to find the concept of the village sovereignty, obtained from studies of primary and secondary legal data. The research aims to get a historical picture as a conceptual reflection and judicial basis for developing and legitimizing the village as the place for resolving disputes among the populace. Since the monarchy until the colonial era, the village was given the authority to solve the problems of its people independently, this authority is severed after entering the independence era. The government finally began to realize the importance of village as autonomous and independent through Law No. 6 of 2014 concerning Villages and strengthened by Supreme Court Regulation; PERMA No. 1 of 2016 concerning the Mediation Process in the Court. Through the Regulation, the village head now has the authority to resolve the problems among its populace and create agreements regarding it. Hence, support from the government is needed to the respective village heads and the chosen delegates through regulation and mediation training
From Separate Legal Entity to Economic Unity: The Criminal Liability of Parent Company Ali, Mahrus
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190131

Abstract

Corporate criminal liability has become an issue following the increase in corporate crimes. This study discusses the possibility of parent company to deny liability for crimes committed by its subsidiary companies. This normative legal research employed qualitative analysis. The results showed that the parent company denied criminal liability by hiding behind the separate legal entities and limited liability doctrine. Through both doctrines, the parent company treats itself as a separate legal entity apart from the subsidiary company so that the former holds no liability for any crime committed by latter. Through piercing the corporate veil doctrine, the parent company intentionally uses the subsidiary company as a tool to maximize profits and applies total control. Therefore, based on the vicarious liability principle, the subsidiary company functioned as the parent company’s agent. It works for or on behalf of the parent company in which every profit made is owned by the parent company.
The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice Ikhwansyah, Isis; Sidabutar, Lambok Marisi Jakobus
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190137

Abstract

Bankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (SDPO). This article aims to analyze the basis of justice related to the bankruptcy of the debtor and the implementation of the bankruptcy test in relation to the request for bankruptcy submitted to the debtor. This study is a normative juridical research method that uses descriptive-analytic research. This study also uses library research to collect data and  analyzes data with qualitative juridical methods. The results show that the debtor's bankruptcy application did not apply the Bankruptcy test. It is believed that insolvency test  on the debtor's bankruptcy petition is as a manifestation of the principle of justice that is in accordance with Pancasila by providing balanced protection among creditors, debtors and other stakeholders.
The Urgency of the State Budget Revision: Political and Legal Perspectives Erawati, Erawati
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190132

Abstract

This article aims to discuss the urgency of state budget revision and if the conditions, as stated in the MD3 Act are met, and the government takes steps not to propose an amended state budget with specific considerations, whether this government’s action is considered to violate the laws or regulations or not. This is a normative legal research that uses statute approach. The result of the study shows that the urgency of state budget revision is to ensure the soundness of the implementation of the current year's state budget by adjusting the amount of state revenue, state expenditure, budget deficits, and budget financing to more realistic levels that allow the achievement of specified development targets.  In the light of the Presidential system in Indonesia, the government’s decision not to propose a revision of the state budget if the criteria to revise it, as stipulated in the State Finance Law and MD3 Law are fulfilled, theoretically is not a violation of the current laws and regulations. The choice to submit or not submit a revision of the state budget, after going through careful consideration by the government, is aimed at maintaining its credibility since the existence of a revision implies that the government is unable to undertake precise budget planning.
The Application of Social Control Theory in Preventing Violent Crime by Juvenile Delinquent Widowaty, Yeni
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190133

Abstract

Yogyakarta has faced a number of violent crimes committed by a group of teenagers (juvenile delinquents). These include vandalism, destruction of public facilities and even murder. The purpose of the research was to find out factors that contribute to the rise of such crimes Yogyakarta and the possible solutions. This Socio-Legal research employed both primary and secondary data. It was found that factors causing violent crimes derived from both internal and external factors of the perpetrators. Both penal and non-penal policies have been taken to prevent the mentioned crime. The future concept is to approach violent crimes by juvenile delinquents through Social Control theory in the form of affection, trust, commitment, and involvement. The idea is to involve various parties in handling the problem. Not only police officers, other stakeholders such as parents, teachers, and religious leaders should also be involved.
The Issue of Copyright Infringement in 4.0 Industrial Revolution: Indonesian Case Nurhayati, Yati; Ifrani, Ifrani; Halim Barkatullah, Abdul; Said, M Yasir
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190128

Abstract

Industrial revolution has substantially changed the economy and society. The fusion of technologies and information marked the fourth industrial revolution which brings about new challenges relating to protection of intellectual property, including copyrights. With regard to this, there has been several changes in the law relating to copyrights in Indonesia. The nature of copyright infringement has been changed from ordinary offense to complaint-based offense. This fundamental change undoubtedly affects the enforcement of the copyright law in Indonesia. Thus this paper aims to answer and review the legal reasoning behind the shift in offense in Copyright Law in Indonesia. This normative legal research employed a descriptive-analytic method. The result shows that the complaint-based offense is suitable in copyright protection considering that only the copyright owner knows the details of the object of the creation.
Transformative-Participatory Legal Research Method for Harmonizing The Existence of The Living Law in Indonesia Yoefanca Halim; Fricky Sudewo; Jestin Justian
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190130

Abstract

The most common research which conducted in Indonesia is a doctrinal research, based on the deductive approach. Theoretically, all provisions have noble goals, but in practice there are several difficulties in term of implementation, especially related to existence of living law. Therefore, appropriate legal-research method is needed to counter the polemic, namely the use of transformative-participatory legal research method. The article aims to explore how to harmonize the living law with transformative-participatory legal research methods. The method uses in the study is the normative legal research method. The research found that through the transformative-participatory legal research, legal researchers would still accommodate the essence of legal analysis founded in conventional methods, but it will not be confined by those methods.  The living law is the essence in society and based on transformative-participatory research method, the law-making process needs a community participation and empowerment.
Village Sovereignty in Dispute Resolution after Law No 6 of 2014 concerning Village Isdiyanto, Ilham Yuli
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190136

Abstract

The research was conducted in order to strengthen the position of the village as a form of social control institution in solving problems that is present in the village setting which began to disappear since the independence era. A descriptive-qualitative approach with a historical-normative method is used to find the concept of the village sovereignty, obtained from studies of primary and secondary legal data. The research aims to get a historical picture as a conceptual reflection and judicial basis for developing and legitimizing the village as the place for resolving disputes among the populace. Since the monarchy until the colonial era, the village was given the authority to solve the problems of its people independently, this authority is severed after entering the independence era. The government finally began to realize the importance of village as autonomous and independent through Law No. 6 of 2014 concerning Villages and strengthened by Supreme Court Regulation; PERMA No. 1 of 2016 concerning the Mediation Process in the Court. Through the Regulation, the village head now has the authority to resolve the problems among its populace and create agreements regarding it. Hence, support from the government is needed to the respective village heads and the chosen delegates through regulation and mediation training

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