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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 6 Documents
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Search results for , issue "Volume 28, Number 2, December 2021" : 6 Documents clear
The Role of International Human Rights Law in Fights Against Climate Change Andika Putra
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.10988

Abstract

This paper aims to examine the current international legal framework that addresses climate change and identify the role of international human rights law in climate change issues. This paper began by identifying the international legal basis, the development of international legal regimes, and looking at the character and nature of these frameworks. Furthermore, this study seeks to identify the role of international human rights law to close the gap left by the climate change framework. This normative legal research examined secondary data from relevant books, journals, and published documents. There were several findings from this research. First, the current international climate change framework is insufficient to address climate change problems and their adverse impact. Second, international human rights law may play a significant role in closing the current climate change framework gap. International human rights law will add distinctive value to the current system, perform the complementary function to the non-legally binding commitment, and provide an 'arena' for such non-compliance behavior of states parties.
The Urgency of Leniency Program Against Cartels in Indonesia: Lesson Learned from Singapore Competition Law Reni Budi Setianingrum; Muhammad Hawin
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.11650

Abstract

Globalization is characterized by a process where the economy becomes more tightly integrated and manifested in the form of free trade. Free trade forced by economic globalization has brought adverse effects. Some of the harmful effects of free trade include the rise of international cartels, for instance, those involved in price-fixing, bid-rigging, output limitation, and market sharing. This normative legal research aims to examine the application of leniency programs in the enforcement of Competition Law in Singapore and how Indonesia can learn from Singapore. The research indicates that one particular method is commonly used in several countries in the context of law enforcement against cartels, which is known as the leniency program or the Whistleblower. Singapore, as one of the neighboring countries of Indonesia, also applies for the leniency program. As a result, Singapore has successfully resolved many international cartel issues. Consequently, the leniency program gives benefits for providing evidence for related cases. In conclusion, Indonesia should learn from Singapore's experience in implementing the leniency program to prevent the negative effect of free trade, including the proliferating international cartels.
Amendment of the Corruption Eradication Commission Act and Its Impact on the Constitution Josef Mario Monteiro
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.10941

Abstract

This study analyzed the sub-system factors influencing the amendment of the Corruption Eradication Commission Act (KPK Law) from the Cybernetics theory and the impacts on the Constitution. According to this theory, there are various kinds of sub-systems, where one sub-system is interrelated with other sub-systems. Each of the sub-systems referred to will influence each other based on the primary function of each of these sub-systems, such as the cultural sub-system, which has the primary function of maintaining patterns, the social sub-system as a function of integrity, the political function as a function of achieving goals, and the economic sub-system as an adaptive function. This doctrinal legal research employed statutory approaches and concepts and found that changes in the KPK Law are influenced by the political sub-system factor, particularly the strong political interests of the House of Representatives and the Government. As a result, the amendment to the KPK Law is undemocratic because it does not fulfill the formal and material principles. In addition, it does not philosophically fulfill the function of law, leading to constitutional values violation.
Politico-Legal Review of the Revised-Bill of the Corruption Eradication Commission and Omnibus Law JM Muslimin; Novita Akria Putri
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.11403

Abstract

The paper aims to prove that political compromise may create legal antagonisms, paradoxes and strengthen the influence of elite-oligarchy. The paper is based on the theory that the concept of consensus in the context of the political system is closely related to the Indonesian cultural democracy. However, in the implementation, there is an underlying principle of checks and balances as a systemic guarantee, so that democracy is not merely a tool of ‘killing ground of freedom’ to manipulate the essence of democracy itself, in particular, by the dominant forces of the elite and the oligarchy. Through the socio-historical method (empirical approach), this paper examined the emergence of the phenomenon of antagonism and paradox of regulatory formulation, such as the revision of the Bill for Eradicating Corruption which weakens anti-corruption institutions, Corruption Eradication Commission, to the creation of Omnibus Law, which is considered to make labors structurally marginalized. The investigation discovered that those legal products are distorted and should be originally created to achieve the benefit and interest of society at large. In contrast, they are falsified and manipulated under the banner of ‘consensus’ democracy steered by the limited elite-oligarchy of the Political Parties.
Policing in India: Need of Effective Preventive Actions to Tackle Crime and Criminality Pradeep Kumar Singh
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.12624

Abstract

When the criminal justice system is seen on the face, it may appear that actions are initiated only after the commission of a crime. Accordingly, criminal law can prescribe punishments for already committed criminal acts. However, a detailed and proper analysis of criminal justice clarifies that its main objective is the prevention of crime and criminality. Prevention of crime is taking action at the incipient stage means before the commission of a crime. The criminal justice system always provides crucial spaces for preventive actions. Proper and efficient police actions ensure effective tackling of crime and criminality, particularly police actions at the incipient stage. In India, in the 21st-century, crime and criminality are creating a serious challenge where the nature of crime is becoming more serious, and the crime rate is increasing. In such a situation, analysis of the Indian criminal law is vital to find out whether it sufficiently empowers Indian police for preventive actions to tackle crime and criminality. Analysis of Indian Criminal Law shows that provisions for directing and enabling policing are already provided. Despite that, training is necessary for the police officers to use the modern know-how for resorting to preventive actions. 
Editorial Foreword admin jmh
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.15758

Abstract

Editorial Foreword

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