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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 5 Documents
 1 
Search results for , issue "Vol 30, No 2: December 2023" : 5 Documents clear
Shifting Polri's Law Enforcement Strategy: Restorative Justice for Public Trust Firdaus, Muhammad; Dwilaksana, Chryshnanda; Onielda, Muhammad Daffa Auliarizky
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18628

Abstract

Restorative justice has gained importance within the Indonesian National Police as a means of law enforcement and security services in the era of globalization and modernization. This approach offers a humane alternative that focuses on the recovery of victims and offenders, aiming to prevent crime and resolve conflicts. The police have transitioned from a purely punitive approach to embracing restorative justice principles. Community policing is crucial for reducing crime rates and fostering public trust. The challenge lies in shifting the law enforcement paradigm towards restorative justice and implementing community policing to build public trust. The research methodology involves normative legal research with an empirical approach, employing a descriptive-analytical nature. Secondary and primary data are used for analysis. Qualitative analysis and deductive conclusions are drawn. Findings indicate that the integration of restorative justice within community policing is an effective solution to improve the relationship between the community and the police. It is recommended that the police introduce the restorative justice approach in their community policing programs, thereby shifting the law enforcement paradigm and fostering public trust. This research emphasizes the significance of restorative justice in the context of community policing and its potential impact on law enforcement practices and public perception of the police
The Legal Issues Concerning the Operation of Fin-Tech in Nigeria Aidonojie, Paul Atagamen; Majekodunmi, Toyin Afolabi; Adeyemi-Balogun, Omolola Janet
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18337

Abstract

Technology has greatly enhanced the developmental process of the global environment. It suffices to state that, Nigeria being a developing country is also having its fair share in the use of technology within the financial sector. This is concerning the fact that the traditional method of financial activities is gradually overtaken by financial technology. However, despite the prospect of finance and technology (Fin-Tech), there are several legal issues and challenges affecting its operation in Nigeria. In this regard, this study tends to embark on a hybrid method of study on the prospect and legal issues concerning Fin-Tech in Nigeria. The questionnaire was distributed to 301 respondents residing within Nigeria. The data obtained was analysed through descriptive and analytical statistical methods. The study, therefore, found that the introduction of Fin-Tech has greatly enhanced the commercial sector in Nigeria. Although, several challenges include the legality of its operations, other social and economic challenges could affect its smooth operation. The study concluded and recommended the necessity for legal regulations, internet security, educating the general public on the Fin-Tech system, and alignment of Fin-Tech operations with Nigerian laws for a smoother adoption of Fin-Tech in Nigeria.
Unveiling Ethical Implications: AI Robot Accountability in Islamic Context Hamsin, Muhammad Khaeruddin; Anggriawan, Rizaldy; Jiatrahman, Farisma
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18524

Abstract

The world is currently experiencing what is known as industry 4.0, a fusion of business and IT where robots and other forms of artificial intelligence are massively utilized. The fact that robots are now a regular part of people's lives raises novel liability issues. The research aims to address the questions whether artificial intelligence robots can be accepted as ethical and legal subjects in Islamic perspective. It also considers whether it is necessary to grant legal personality to robots and hold them liable for their decisions and conducts. The research is doctrinal legal research where the analysis was presented within the context of Islamic viewpoints in a descriptive-structured way. The result demonstrates that robots with artificial intelligence fall under the definition of jamadat. No matter how sophisticated, an artificial intelligence cannot have a biological vitality. Therefore, only humans have the potential to possess rights and be held liable for their actions. Robotic artificial intelligence systems lack the capacity to be regarded as responsible entities in this sense, to inflict legal sanctions on activities that are the result of algorithms, and to be held accountable for both civil and criminal offenses.
Reflections on the Dismissal of Theft Charges Through Prosecutor's Restorative Justice House in Lampung Kusworo, Daffa Ladro; Abdulkadir, Abdulrazaq Owolabi; Fauzi, Maghfira Nur Khaliza
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18384

Abstract

The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases by seeking to resolve cases solely outside of court. The implementation of restorative justice-based prosecution termination can be applied to theft, which has the highest number of cases in Indonesia. This is because the Covid-19 pandemic created a moral crisis that led to a drastic increase in theft crimes in Indonesia, disrupting economic stability. Recently, restorative justice houses have been established in each jurisdiction of the prosecutor's office to optimize the resolution of legal problems by filtering cases that go to court, disseminating law to local residents, and involving local traditional leaders to develop local wisdom and emphasize consensus deliberation. The research approach used a normative juridical method, referencing laws and regulations sourced from primary data and literature studies on criminal law in Indonesia, which were then processed to draw specific conclusions. The study's results show that humanist restorative justice houses are an alternative for solving theft cases. The embodiment of restorative justice in a hybrid way within the prosecutor's office will establish it as a humane law enforcement agency in Lampung province.
Ownership of Land: Legal Philosophy and Culture Analysis of Land Property Rights Fuad, Fokky; Tardjono, Heriyono; Machmud, Aris; Rohayah, Nizla; Maghucu, Prosper
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18264

Abstract

Land stands as a fundamental aspect of human existence, serving as a cornerstone for meeting diverse needs and holding considerable economic significance. Its limited capacity often becomes a trigger for societal conflicts, spanning both vertical and horizontal dimensions. A well-crafted land policy holds the potential to foster community prosperity and ensure environmental sustainability. However, the imposition of state-driven evictions often leads to agrarian conflicts, undermining customary rights. This study examines the intricate relationship between land and humanity through the lenses of legal philosophy and the concept of land property rights within legal culture. Employing a formative juridical research approach, the authors aim to uncover a comprehensive human understanding rooted in philosophical perspectives, legal theory, dogmatic legal norms, and legal culture. From a philosophical standpoint, land represents a space where the spiritual connection between humans and their divine entities takes form. Furthermore, within the realm of legal culture, land is perceived as an integral part of the human essence, symbolizing the place of birth, growth, mortality, and final resting.

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