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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 10 Documents
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Search results for , issue "vol. 32 no. 2: december 2025" : 10 Documents clear
Comparative Analysis of Citizen Complaints and Public Authority Interaction: A Study of the EU Seidalina, Zhanna
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.23236

Abstract

Compliance with human and civil rights is a key task of governments. An effective institution for citizens’ appeals, particularly through complaints, enables interaction with public authorities to restore rights that have been violated. The study aims to compare and analyse administrative and legal aspects of the institution of citizens’ appeals in European Union countries, Ukraine, and the Republic of Kazakhstan. Methods such as formal legal analysis, comparative legal analysis, statistical observation, and content analysis were employed. The results indicate that the legal frameworks of all examined jurisdictions provide citizens with the constitutional right to submit complaints to state authorities, although only a few explicitly define the term “complaint.” A comparative analysis demonstrates that the decentralization of the Commissioner’s institution in Kazakhstan enhances accessibility, improves monitoring of human rights protection, and strengthens citizens’ trust in public authorities. The findings underline that well-structured complaint mechanisms and decentralised ombudsman systems contribute to more transparent, responsive, and citizen-oriented governance.
Democratization of Village Autonomy in the Construction of Indonesian Administrative Law: Is It Possible? Hariyanto, Hariyanto; Yeyeng, Andi Tenri; Kapugu, Betsy Anggreini; Arowosaiye, Yusuf Ibrahim; Tajuddin, Muhammad Saleh
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.25216

Abstract

This article explores the potential for democratizing village autonomy within the Indonesian administrative law framework. Although Law No. 6 of 2014 and Law No. 3 of 2024 have granted formal recognition of village self-governance, significant challenges persist, including elite domination, corruption, limited community participation, and weak institutional capacity. Through a normative legal and comparative approach, this study examines the village autonomy experiences of India and the Philippines to identify best practices applicable to Indonesia. Findings indicate that democratization of village autonomy is achievable when supported by legal reform, institutional strengthening, transparent governance, and active citizen engagement. Democratization must go beyond procedural aspects like elections and include cultural adaptation, community empowerment, and the establishment of accountability mechanisms to prevent elite capture. Effective collaboration between central, regional, and village governments is essential to ensure participatory governance that aligns with local needs. Lessons from international cases underline the importance of community-driven planning and legally mandated public participation to achieve sustainable village development. This study concludes that democratizing village autonomy can significantly contribute to inclusive and resilient governance in Indonesia if systemic barriers are addressed comprehensively.
Beyond Administrative Sanctions: Reforming Insider Trading Regulation to Strengthen Investor Protection in Indonesia Sugianto, Fajar; Tokuyama, Shintaro
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.26257

Abstract

Insider trading in Indonesia continues to expose structural weaknesses in capital market regulation, even after the enactment of the Strengthening Financial Sector (SFS) Law in 2023. Although the law expands the Financial Services Authority’s (FSA) supervisory powers, it fails to address core gaps that undermine legal certainty and investor protection. This study explores two main questions: (1) whether victims of insider trading are genuinely protected under the current framework, and (2) what doctrinal and institutional reforms are needed to build a more effective system. Using a normative legal research method, the study finds that the adoption of the una via principle has not strengthened enforcement. Most insider trading cases are still resolved through administrative sanctions, offering limited deterrence. Furthermore, inconsistencies between the SFS Law and Article 102 of the Capital Market Law perpetuate fragmented enforcement among regulators, prosecutors, and courts. This study contributes by integrating constitutional principles, legal theory, and comparative perspectives to show why Indonesia’s insider trading regime remains incomplete. The PT Perusahaan Gas Negara (PGN) case illustrates how delayed disclosure and a narrow definition of “insider” undermine market trust, highlighting the need for both procedural and substantive reforms.
From Retribution to Restoration: Human Rights-Based Legal Protection for Women Victims of Sexual Violence Yuliartini, Ni Putu Rai; Hartana, Hartana; Kbarek, Lukas Norman; Monteiro, Seguito
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.26214

Abstract

This study examines the protection of women victims of sexual violence through a human rights-based lens, stressing the urgency of shifting from retribution to restoration. Sexual violence threatens physical security and constitutes a profound violation of dignity and human rights, with longterm psychological, social, and economic consequences. Thus, protection should not only punish perpetrators but also restore victims’ dignity and empower them. Utilizing normative legal methods, including statutory, conceptual, and case-based approaches, this research examines both national and international legal frameworks. At the national level, attention is given to Law No. 12 of 2022 on Sexual Violence and Law No. 39 of 1999 on Human Rights, both serving as key foundations for protecting justice and human rights in Indonesia, while internationally, key references include the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Declaration on the Elimination of Violence against Women. Several high-profile Indonesian cases are reviewed to highlight the persistent gap between comprehensive norms and weak enforcement. Findings reveal barriers, including limited awareness among law enforcement, social stigma, and inadequate support services. The study concludes that a restorative, human rights-based legal framework is crucial to ensure victim-centered justice, strengthen recovery, and foster inclusive cultural transformation beyond punitive measures.
Land Law Conceptualization: Realizing an Effective Dispute Resolution Model in Indonesia Buana, Andika Prawira; Raja, Aksara Alif; Aswari, Aan; Nur Fuady, Muhammad Ikram; Ramadani, Rizki
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.26717

Abstract

Land dispute resolution in Indonesia is often complex due to procedural inefficiencies and overlapping jurisdictions. Currently, the National Land agency (BPN) functions as a mediator, providing clarifications to the included parties. Dispute resolution by the parties in litigation results in unresolved disputes, resulting in a backlog of cases in court. Therefore, this research aims to re-evaluate the role of the BPN as a mediator and to propose a conceptual framework for an effective resolution model for land disputes. This research uses a juridical-normative process of finding a legal rule to answer the legal issue being researched. The results show that BPN mediation efforts have not sufficiently addressed land disputes due to the non-binding nature. The role of the BPN should be enhanced as an arbitration body under the regulations governing Arbitration and Alternative Dispute Resolution. By serving as arbitrator, the Land Agency can render final and binding decisions without the necessity of undergoing the stages of appeal, cassation, or judicial review, particularly in civil and administrative disputes. Furthermore, this research advocates for the revision of the Notarial Sale and Purchase Agreement to incorporate arbitration provisions and recommends establishing specialized land courts, drawing lessons from existing models in Australia and South Africa.
Mitigating the Impact of the Presidential Threshold’s Abolition in Indonesia: A Policy Approach Albab, Biantara; Prasetyoningsih, Nanik; Anugrah, Alma Fuji
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.27157

Abstract

The Constitutional Court's decision to eliminate the presidential candidacy threshold will change Indonesia's political and electoral system. Small parties and independent candidates have more opportunities thanks to the elimination of the presidential nomination requirement for parliamentary seats or national votes. But this decision's potential consequences must also be considered. The aim of this study is to examine the effects of removing the presidential candidacy threshold on Indonesian politics and propose solutions. The research is normative legal and uses conceptual and comparative approaches to study legal theories, principles, and concepts and compare practices in different jurisdictions. This approach allows an in-depth examination of the normative basis for abolishing the presidential threshold and its relevance and implications through comparison with other political systems. The policy encourages small parties to run in elections, but it may lead to political fragmentation and instability. The Constitutional Court's mandate for open legal policy requires policy mitigation by raising the parliamentary threshold.
Assessing Local Communities’ Roles in Geographical Indication Dispute Resolution: Challenges in Southeast Asia Tantimin, Tantimin; Supasiripongchai, Noppanun; Budi, Henry Soelistyo; Disemadi, Hari Sutra; Agustini, Shenti
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.27547

Abstract

Geographical Indications require proper protection with adequate mechanisms, including dispute resolution, particularly in the face of further economic developments. This paper evaluates the adequacy of the Indonesian, Malaysian, and Thai frameworks in ensuring the involvement of relevant local communities in GI dispute resolution, employing a normative legal research method and a comparative approach. Findings of this study highlight that Indonesia, Malaysia, and Thailand each establish formal community recognition in GI registration through explicit statutory provisions. However, the translation of this substantive recognition into dispute resolution frameworks reveals procedural gaps. Each country recognizes community involvement yet lacks complete procedural safeguards, with Indonesia providing no institutional representation guidance, Malaysia omitting ADR mechanisms, and Thailand leaving post-registration standing undefined, further heightening the urgency of legal reforms to ensure that local communities in GI disputes and ensuring that they can be involved in many processes that are relevant to the GIs that represent their geographical area and cultural heritage, through formal litigation or ADR.
Crisis Diplomacy from Below: Subnational Legitimacy, Legal Pluralism, and Global Multilevel Governance Dynamics Hakim, Lukman; Negara, Purnawan Dwikora; Sirajuddin, Sirajuddin; Melati, Qatrunnada Hamparan
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.27501

Abstract

This Study analyzes how subnational governments in Surabaya (Indonesia), Cebu (Philippines), and Chiang Mai (Thailand) Practice diplomacy amid crises. This study introduces the concept of crisis diplomacy from below, describing how cities navigate centralized legal systems yet engage globally during pandemics, disasters, and economic shocks. Using a Qualitative, theory-guided comparative case study based on MoUs/Lols, city-network documents, and secondary sources, this study finds that a state-centric treaty framework leaves recognition gaps but allows informal collaboration. Grounded in performance-based legitimacy, legal pluralism, multilevel governance, and actorness, cities emerge as pragmatic diplomatic actors employing soft legal tools, networks, and cultural exchanges to overcome legal and institutional constraints. Results indicate greater flexibility and responsiveness in health and disaster management, as well as clearer paths for sustainable development. This study contributes to the field by conceptualizing crisis diplomacy from a bottom-up perspective and proposing hybrid legal mechanisms to legitimize city-level cooperation during crises without compromising sovereignty, thereby advancing an inclusive model of global governance that recognizes subnational actors, particularly in Southeast Asia.
Crypto Mining as a Threat to Energy and the Environment from the Perspective of Criminal Law Reform Fernando, Zico Junius; Arifin , Firdaus; Sunggara, Muhamad Adystia; Muthia, Arini Azka
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.27575

Abstract

The rapid growth of cryptocurrency mining has led to significant environmental and energy concerns worldwide. Bitcoin mining alone consumes more than 170 TWh of electricity annually, equivalent to the energy consumption of countries like Poland or Malaysia, and generates nearly 98 million tons of CO₂ emissions. These impacts have prompted stringent global responses, such as China’s nationwide ban on cryptocurrency mining in 2021 and the European Union’s requirement for environmental disclosures from cryptocurrency service providers. In Indonesia, however, regulations remain unclear and fragmented. Current environmental and criminal laws do not yet explicitly address the ecological harm caused by cryptocurrency mining, including high electricity consumption, electronic waste, and unauthorized power connections. As a result, many mining activities operate in a legal vacuum without accountability. This study identifies these legal gaps and proposes reforms combining preventive regulation, corporate criminal liability, environmental transparency, and community-oriented sanctions to strengthen ecological justice and constitutional environmental protection.
Strengthening of Sharia Savings, Loans, and Financing Cooperative Institutions: Friedman's Legal System Theory Framework Yunita, Ani; Budi Santoso; Agus Sarono; Weni Hawariyuni
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.28410

Abstract

This study aims to strengthen the Sharia Savings and Loans and Financing Cooperatives (KSPPS) institution from the perspective of legal system theory inIndonesia. Thisstudy employs anempiricaljuridical research type, utilizing a qualitative approach. The research used primary and secondary data sources. The research findings indicate that strengthening KSPPS institutions from the perspective oflegal system theory, including structural elements, is crucial for enhancing human resource capacity and fostering synergy among KSPPS supervisory institutions. Legal structure enhancement can be achieved by improving the performance of the Sharia Supervisory Board and the National Sharia Council in overseeing KSPPS, as well as establishing internal supervisory units and a Sharia Islamic deposit insurance agency. Furthermore, the strengthening of KSPPS BMT institutions can also be realized by synergizing with organizations such as the Ministry of Cooperatives, the Financial Services Authority, the National Sharia Council, and the Sharia Supervisory Board. This strengthening will contribute to the formulation of legislation related to KSPPS. With the institutional strengthening of KSPPS, institutional issues related to KSPPS, in terms of legal substance, legal structure, and legal culture, can be minimized and more easily resolved

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