Jurnal Media Hukum
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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<![CDATA[Legal Clarity for Sharia Lodging Businesses through Sharia Certification ]]>
Rasmuddin, Rasmuddin;
<![CDATA[Umar, Wahyudi]]>;
<![CDATA[Sudirman, Sudirman]]>;
<![CDATA[Lambooy, Tineke]]>
<![CDATA[ Jurnal Media Hukum Vol. 31 No. 2: December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.18635
<![CDATA[The development of the Sharia business in Indonesia has become the most potential business not only in Islamic banking but also the non-Islamic bank financial industries, such as Islamic insurance, Islamic pension funds, Islamic finance companies, Islamic bonds (sukuk), Islamic mutual funds, and even Islamic lodging. This phenomenon makes the Sharia "label" as a trend. This research aims to analyze the urgency of Sharia certification in the Sharia lodging business in Indonesia. The method used is a type of normative legal research with statutory approaches, case approaches, and conceptual approaches. The results of this study indicate that the urgency of Sharia certification in the Sharia lodging business is to maintain the image of Islamic teachings and to provide certainty to consumers. This is because the application of Sharia in business institutions bearing the Sharia label still shows that the concept of Sharia understood by these business institutions still seems partial/not kaffah (total). Besides that, the Sharia "label" in the lodging business is used mostly as a brand or company brand. Therefore, it is high time for Sharia lodging certification to be carried out, like the halal label certificate on food products]]>
<![CDATA[Heavy Parliamentary v. Heavy Executive: Ambiguity of Power in Indonesian Constitutional Practices ]]>
<![CDATA[Mukhlis, Muhammad Mutawalli]]>;
<![CDATA[Wahab, Harlida Abdul]]>;
<![CDATA[Paidi, Zulhilmi]]>;
<![CDATA[Sastrawaty, Nila]]>;
<![CDATA[Hasan, Haslinda]]>
<![CDATA[ Jurnal Media Hukum Vol. 31 No. 2: December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.21703
<![CDATA[The history of the Indonesian constitution has implemented Parliamentary and Presidential systems at different times. However, in practice it creates ambiguity in system implementation. The presidential system currently implemented is experiencing a dilemma due to regulation and separation of powers which tends to still have a parliamentary nuance. This research is library research that examines and explores regulatory documents, books, journals and other scientific works that are relevant to the topic of discussion. The results of data collection were analyzed in depth and then presented descriptively analytically. This article aims to provide ideas for building a concrete government system based on the shift in power functions that has occurred. This article concludes the need to issue a Law on the Presidential Institution which contains concrete limits on the powers of the President and the DPR. The President's capacity as head of government is limited by the party coalition in parliament. Therefore, it is necessary to redefine the roles and relationships between the President, DPR and political parties, clarify the checks and balances mechanism, and support the effectiveness of concrete and proportional government.]]>
<![CDATA[Investigation Methods of Combating Smuggling and Suspicious Trade Through Transport Routes: Ukrainian Case ]]>
<![CDATA[Kniaziev, Sergii]]>;
<![CDATA[Verbytskyi, Vitalii]]>;
<![CDATA[Chernysh, Maryna]]>;
<![CDATA[Dziubynskyi, Andrii]]>;
<![CDATA[Kyslyi, Anatolii]]>
<![CDATA[ Jurnal Media Hukum Vol. 31 No. 2: December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.21931
<![CDATA[Smuggling poses a threat both to individuals and to national security. The problem of smuggling is complicated by the constant transformation of criminal schemes, thereby urging the search for appropriate investigation methods of this offense. The aim of the research is to improve the methods of investigation of smuggling through the integration of legislative, international, human, and technical resources. The research employed a doctrinal approach, a statistical method, and a descriptive method. As a result of the research, the Ukrainian legislation on combating smuggling was analysed in the context of European integration. It is noted that the criminalization of smuggling of goods is a welcome innovation, but the legislative framework needs further improvement. The legal basis of Ukraine's international cooperation in the investigation and countering of smuggling has been disclosed. The priority forms of cooperation were determined and directions for further improvement were revealed using the experience of several international initiatives. The value of human capital in combination with the latest technologies in the process of investigating crimes related to smuggling is noted. The obtained conclusions can be useful for regulatory bodies in the context of developing anti-smuggling policies based on identified priority areas.]]>
<![CDATA[Evaluating Whether Indonesia Should Maintain or Revise Its Local Incorporation Requirement for Foreign Investors ]]>
<![CDATA[Hawin, M]]>;
<![CDATA[Butt, Simon]]>;
<![CDATA[Setianingrum, Reni Budi]]>
<![CDATA[ Jurnal Media Hukum Vol. 31 No. 2: December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.22122
<![CDATA[The article reviews the locally incorporated company requirement for foreign investors in Indonesia. It uses a normative juridical method, focusing on examining positive law through a statute approach. It involves analyzing relevant laws, regulations, cases, and literature and includes interviews with law scholars and an official from Indonesia’s Investment Coordinating Board to gather expert opinions. The data obtained is analyzed using qualitative techniques. It discusses the advantages and disadvantages of the requirement in international foreign investment law and Indonesia concluding that its advantages outweigh the disadvantages, and some of the disadvantages have been resolved. Hence, the article argues that the requirement remains appropriate for Indonesia and should be maintained. However, certain investment treaties have weakened the requirement as a defense against legal action by locally incorporated companies in international arbitration. To overcome this problem, the country should renegotiate its bilateral investment treaties (BITs) that give the companies direct legal action rights and develop new BITs that contain balanced rights between foreign investors and Indonesia. Additionally, the locally incorporated company requirement should be reinforced by Indonesia’s negative list policy, prioritizing specific sectors for local investors.]]>
<![CDATA[Illicit Enrichment in Corruption Eradication in Indonesia: A Future Strategy ]]>
<![CDATA[Yusuf, M.]]>;
<![CDATA[Aswanto, Aswanto]]>;
<![CDATA[Sumardi, Juajir]]>;
<![CDATA[Maskun, Maskun]]>;
<![CDATA[Ab Rahman, Nurul Hidayat]]>
<![CDATA[ Jurnal Media Hukum Vol. 31 No. 2: December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.22304
<![CDATA[Corruption crimes in Indonesia are on the rise, particularly through illicit enrichment where individuals accumulate wealth outside of legitimate income. Although Indonesia has ratified the United Nations Convention Against Corruption (UNCAC), the specific issue of illicit enrichment outlined in Article 20 has yet to be implemented in national legislation. This article aims to investigate current and potential future strategies to combat such corruption. The research is a normative study using a comparative law approach and corpus-based critical analysis to assess Indonesia's anti-corruption efforts, explore the international standards set by illicit enrichment regulations, and draw lessons from the unexplained wealth laws in the United Kingdom and Australia. This research concludes that Indonesia has ratified UNCAC, but illicit enrichment in Article 20 of UNCAC has not been regulated in the law, so the practice of corruption is still so massive. To overcome this, strategic steps are needed in the future, such as revising the corruption law to include illicit enrichment regulations, optimizing institutions through bureaucratic reform, and activating community participation. Therefore, these three steps are very important in implementing the Illicit Enrichment regulation in advancing the corruption eradication agenda in Indonesia in the future.]]>
<![CDATA[Examining the Regulatory Frameworks Governing Prohibition of Torture in Warfare ]]>
<![CDATA[Nnawulezi, Uche]]>;
<![CDATA[Mohammed, Safiyyah Ummu]]>;
<![CDATA[Adiyatma, Septhian Eka]]>;
<![CDATA[Ojekunle, Ademola O.]]>;
<![CDATA[Ajayi, Oluwatobiloba Ifedolapo]]>
<![CDATA[ Jurnal Media Hukum Vol. 31 No. 2: December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.22420
<![CDATA[The aim of the paper is to examine the regulatory frameworks governing the prohibitions of torture in warfare to determine their adequacy in protecting civilian populations against torture during armed hostilities. To address the threat posed by torture in warfare against the civilian populations, the regulatory frameworks on International Humanitarian Law (IHL), International Human Rights Law (IHRL) and International Criminal Law (ICL) are examined. It may be argued that although this regulatory framework is aimed at guaranteeing safety of the civilian populations in situations of armed hostilities but are not capable of dealing with the current challenges. The paper employs a doctrinal approach by identifying and analyzing the applicable rules of IHL, IHRL, and ICL. It demonstrates how these laws impact the basic rights of civilian populations during armed conflicts. The paper found that despite the performance of the Tribunals as regulatory measures, they are confronted with several challenges prosecution and enforcement of their decisions. The paper concludes with recommendations that are relevant to address the challenges in order to ensure that the various frameworks are effectively implemented by States to safeguard the civilian populations from acts of torture during armed hostilities. ]]>
<![CDATA[Digitalization of Islamic Banking in Indonesia: Justification and Compliance to Sharia Principles ]]>
<![CDATA[Ichsan, Muchammad]]>;
<![CDATA[Fitriyanti, Fadia]]>;
<![CDATA[Setiorini, Kusumaningdiah Retno]]>;
<![CDATA[Al-Qudah, Adam Ma'abdeh]]>
<![CDATA[ Jurnal Media Hukum Vol. 31 No. 2: December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.22485
<![CDATA[Technological sophistication is observed to be increasing the necessity for digitalization of Islamic banks in Indonesia to avoid being abandoned by their customers, as conventional banks rapidly advance their digital offerings and set higher expectations for financial services. However, these banks are required to comply with Sharia principles for their products and services. This study was conducted to analyze the justification of digitalization of Islamic banking system and compliance of the digital services implemented to Sharia principles. It employed doctrinal legal study methods. Data were retrieved from literature references and were analysed qualitatively using a conceptual and statutory approach. The results showed several reasons to justify digitalization of Islamic banking system and these include the current demand for digital products and services, the prevalence of the millennial generation, and the legal backing provided for the advancement in Indonesia. These principles mandate that Islamic banks must avoid practices involving maisir (gambling), gharar (obscurity), haram (prohibited activities), riba (usury), and zalim (injustice). This study is novel in its comprehensive analysis of how digitalization can be harmonized with Sharia principles in the Indonesian context, providing a unique legal and practical framework for Islamic banks aiming to modernize their services while maintaining religious compliance.]]>
<![CDATA[Historical Study of the Neutrality Arrangements of the State Civil Apparatus in General Elections in Indonesia ]]>
<![CDATA[Sarnawa, Bagus]]>; Khaer, Fawaz Muhammad
<![CDATA[ Jurnal Media Hukum Vol. 31 No. 2: December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.22618
<![CDATA[This research aims to determine the neutrality regulations of civil servants in general elections. To achieve this goal, analysis was carried out on secondary data or library materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. To complete secondary data, interviews were conducted with sources consisting of experts in the field of civil service law and general elections, as well as practitioners such as the State Civil Service Agency, the State Civil Service Commission, and the General Election Supervisory Agency of the Republic of Indonesia. This research applied a statute approach and combined it with a historical approach and a conceptual approach. The results of the research showed that from 1966 until now, the regulation of the neutrality of the State Civil Service in general elections has undergone changes in the subject and object of its regulation. However, this arrangement has not been able to guarantee the neutrality of the State Civil Service in general elections. This is inseparable from the political system, which does not yet support the realization of neutrality of the State Civil Service in General Elections.]]>
<![CDATA[The Risks of Using Artificial Intelligence on Privacy and Human Rights: Unifying Global Standards ]]>
<![CDATA[Al-Billeh, Tareq]]>;
<![CDATA[Hmaidan, Ruba]]>;
<![CDATA[Al-Hammouri, Ali]]>;
<![CDATA[AL Makhmari, Mohammed]]>
<![CDATA[ Jurnal Media Hukum Vol. 31 No. 2: December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.23480
<![CDATA[Artificial intelligence (AI) presents significant opportunities and challenges, particularly balancing innovation with protecting privacy and human rights. The increasing integration of AI into daily life has amplified risks to digital privacy, access to information, and online communication, raising concerns about human rights violations. Governments must address these risks by implementing practical measures to ensure safe AI usage and redressing harm caused by unethical practices. This article explores the impact of AI on privacy and human rights, utilizing the 2024 Council of Europe Framework Convention on AI, Human Rights, Democracy, and the Rule of Law as a basis for ethical considerations. Employing an analytical methodology, the study examines international charters and national legislation to highlight disparities in addressing AI-related privacy concerns and to identify gaps between global human rights standards and digital technologies. Comparative analysis is conducted to evaluate international and national approaches to AI governance. The findings emphasize the urgent need for unified global standards to protect digital human rights, harmonize AI ethics, and reduce risks associated with AI applications. Recommendations include adopting comprehensive legal frameworks and promoting international cooperation to ensure ethical AI deployment aligned with human rights principles.]]>
<![CDATA[From Meaningful to Meaningless Participation: The Tragedy of Indonesia’s Omnibus Law on Job Creation ]]>
<![CDATA[Mochtar, Zainal Arifin]]>;
<![CDATA[Arizona, Yance]]>;
<![CDATA[Rahman, Faiz]]>;
<![CDATA[Mubdi, Umar]]>;
<![CDATA[Ruhpinesthi, Garuda Era]]>;
<![CDATA[Wafi, Mochamad Adli]]>
<![CDATA[ Jurnal Media Hukum Vol. 31 No. 2: December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.23557
<![CDATA[Indonesia’s Constitutional Court introduced the concept of meaningful participation in the lawmaking process, emphasizing the right to be heard, considered, and explained. This concept was institutionalized through amendments to the Law on Lawmaking Procedures (Law Number 13 of 2022). However, meaningful participation remains poorly implemented, as demonstrated by the lack of public involvement in the issuance of the Government Regulation in Lieu of Law legalizing the Omnibus Law on Job Creation and the Constitutional Court's ruling on Law Number 6 of 2023 (Job Creation Law 2.0), which deemed public participation irrelevant for emergency laws. These developments highlight inconsistencies in applying the principle of meaningful participation in Indonesia’s legislative practices. This research evaluates the institutionalization of meaningful participation in Law Number 13 of 2022 and its practical application in Indonesia’s lawmaking process. This research uses doctrinal legal research methods by examining library materials and secondary data to analyze the legal framework and its implementation. The findings reveal a significant gap between the theoretical framework of meaningful participation and its application in practice, particularly in emergency lawmaking. In conclusion, while the institutionalization of meaningful participation reflects a positive step, inconsistent application undermines its potential to enhance democratic governance in Indonesia.]]>
