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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.
Arjuna Subject : -
Articles 518 Documents
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Membangun Budaya Hak-Hak Asasi Manusia Sardi, Martino
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0073.121-127

Abstract

The violations of Human Rights remain spread in all over the world until now. There are violations of Human Rights in all the countries in this universe. It is not possible to find a country, which free from this violation. It is very terrible, such as the professional killing and systematic murder. It will cause to grow the culture of dead. This culture does not respect on the human life. The professional killing and systematic murder are real social fact, which are not distinct and justly resolved. This criminal actions will grow more terrible, if the official organs of the government provoke and take apart in this matter, do not want to obstacle and stop them, although they are capable to do it. The culture of Human Rights can be built, if the culture of life has been respected, the people, especially the organ of the government takes care and respect to Human Rights and promote them as well as possible. So the human life will grows to the directions of the welfare for the people and more civilized. If the people develop the culture of Human Rights, the human civilizations will grow for respect them. We have task to develop the culture of Human Rights.
Kedudukan Hukum Ibukota Kabupaten Setelah Dimekarkan Menjadi Pemerintah Kota Alinapia, Alinapia
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0092.80-87

Abstract

The problems of this research are: firstly how is the law position of district capital city South Tapanuli after separated from Sidimpuan city? Secondly, what are the law effects of between double capital cities and two autonomy areas? In this research, it used law research method, with collected the data based on interview and documentation. It was analysis with hypotheses technique inductively and deductively, therefore it found that the position the main capital city of district South Tapanuli after separated from Padangsidimpuan is Padangsidimpuan. Although in constitutions of establishment Padang Lawas in 2007, it is determined Sipirok as the capital city, but it is realization in 2014. Meanwhile the effects of law double capitals, in generally can disturb the continuity of both government and especially it will happen discrepancy, minus work ethic, there is the classification of society, outdated of tradition “dalihan natolu” and easily to provoked both two government.
Rekonstruksi Lembaga Penyelesaian Sengketa Akad Pembiayaan Dengan Jaminan Hak Tanggungan Pasca Putusan Mahkamah Konstitusi Nomor 93/PUU-X/2012 Nurul Musjtari, Dewi
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The purpose of this research is to know the reconstruction of dispute resolution institutions of financing agreement with mortgage guarantee interest in Islamic banking practices following the Ruling of the Constitutional Court Number 93 / PUU X / 2012. In addition to this, the importance of this research is to the development of Islamic banking institutions in Indonesia and economic law, particularly the law of Islamic economics. For researchers, the importance of this study is to realize the competence of researchers in developing science insightful of sharia law, especially law of syariah economic.The method in this research, using qualitative tradition, its operation carried out in accordance kostruktivisme paradigm. The relative position (stand point) the authors of the problem in this study at the level epiteme not as a participant but instead as an observer. Strategy Research carried out by the two strategies is the research library (Library Research). This study uses socio-legal rules governing studie.Technic data collection to secondary data obtained through library research and a legal document. The primary legal materials, consisting of Article 55 of Law No. 21/2008 and explanation, Article 39 of Law No. 30 /1999, Law No. 4/1996, Law No. 50/2009 Constitutional Court Decision No. 93/ PUU-X / 2012. Secondary law, consists of book-nail on the agreement (contract), Islamic banking, political law, legal theory, legal research methodology, journals. The primary data obtained as supporting data through research in the field (Field Research) with observations interviews which includes: 1) Law sanction institution: Judges Religion, Arbiter in Basyarnas, Staff Bagia Legal in Islamic Bank, Mediator in Bank Indonesia, Notary; 2) Role Occupant: Management Islamic Bank, Islamic Bank Customers, which is done by hermeneutics, sociology of law and phenomenology. Analisys data using qualitative descriptive analysis that describes the development of dispute resolution institutions guarantee security interest in Islamic banking practices after the Constitutional Court Decision 93/ PUU-X/2012. The Results from this study is the reconstruction of dispute resolution institutions of financing agreement with hak tanggungan guarantee interest in Islamic banking practices following the Ruling of the Constitutional Court Number 93/ PUU X / 2012 is resolving disputes financing agreement with mortgage guarantee through Parate Executie more effectively and efficiently in other words more beneficial for of the parties when compared to the settlement of disputes trough the assurance executorial title. However, for the preventive protection during the pre-contractual agreement prepared sharia Islamic banks needfully the deed of acknowledgement of financing manufacture (APP) agreed debtor. The parties are no longer glued to that in resolving disputes and guarantee rights dependents through judicial institutions and non litigation in the narrow sense, namely non litigation on consultation, banking mediation, arbitration through the National Sharia Board of Arbitration or other arbitration institution, but can also cover non-litigation processes such as consultation, negotiation (negotiation), conciliation, non judge mediation, expert opinion or assessment.
KESALAHAN PROFESIONAL DOKTER DAN PUTUSAN HAKIM: DILEMA DALAM PELAYANAN MEDIS Seran, Marcel
Jurnal Media Hukum Vol 23, No 2 (2016): December
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2016.0082.218-228

Abstract

The relationship between the doctor-patient is a very unique law. The uniqueness of this legal relationship beside based on the law; the element of trust is becoming a cornerstone of the creation of the medical practitioners’ acts of effort on the patient, so that the ethical and moral aspects are involved in it. As a cornerstone of patient-doctor relationship, it is built upon trust; it is not an option of the way the medical dispute resolution between doctor-patient but as a must. But in fact, it is not the case, since it is not uncommon for the court becomes the choice of the medical dispute settlement. There would be a reaction from among the medical profession. They assess that the law interferes too far with the autonomy of the medical profession. To overcome this problem then it is offered medical dispute solutions through the judicial profession; there is a need to involve medical profession as a member of the judges. So there is no longer an accusation that the public court judge does not understand the medical issues. In that way, the medical dispute resolution can be achieved.
Dinamika dan Problematika Politik Hukum Lembaga Penyelesai Sengketa Hasil Pemilihan Kepala Daerah di Indonesia Nasrullah, Nasrullah; Lailam, Tanto
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The success of free and fair local elections is not only measured by the voting process, but also determined on how the settlement of the disputes follows it. In connection with that, the institutional dispute settlement of local elections in Indonesia has experienced ups and downs that have not been interminable. The issuance of the Act Number 10 of 2016 which mandates the establishment of special judicial body for settlement of regional head election disputes still leaves a ‘homework’ of the shape or design of that special judicial institution, its authorities and procedural law that must be established ahead of national simultaneous elections in 2027. This paper is the result of a normative research with statute, analytical, and case approaches regarding the background of the existence of special judicial body which is needed to be established to resolve regional head election disputes in Indonesia as an antithesis on the weaknesses and problems ofinstitutional settlement of regional head election disputes that been there for years, namely: Supreme Court and the Constitutional Court. In order to provide an overview as well as an alternative institutional model of special court for regional head election disputes settlement to be formed onward.
PENGAWASAN DAN PEMBINAAN MAHKAMAH AGUNG TERHADAP PENGADILAN DI BAWAHNYA Fadlil Sumadi, Ahmad
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The independence and impartiality of the judicial authority, in the history of its incorporation into norms, had undergone some improvements and impediments along with the changes in the 1945 Constitution of the Republic of Indonesia, which was subsequently followed by amandment in the judicial power. In general, the changes were intended as an effort to reinforce the implementation of the judicial power. The research aimed at studying the design of the regulation concerning the supervision and guidance by the Supreme Court to the lower courts from the perspective of the principles of democracy. The supervision and guidance in the respect were limited to those within the functions and organization of human resource management. The study is a normative legal one using doctrinal method to analyze the laws constructed by the legislative power and thus is apart from the constitutional and political choices at that time. The research had found several designs of laws in the court supervision and guidance. Constitutionally, it had been determined that the Supreme Court should perform the internal supervision while the Judicial Commision, perform the external one. In addition, the law had determined that the supervision should not reduce the independence and impartiality of the judge. Together, the Supreme Court and the Judicial Commision composed the Code of Ethics and Code of Conduct as tools of measurement.
PIDANA KERJA SOSIAL DAN RESTITUSI SEBAGAI ALTERNATIF PIDANA PENJARA DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA Wibawa, Iskandar
Jurnal Media Hukum Vol 24, No 2 (2017): December
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0086.105-114

Abstract

Imprisonment is the criminal delict who always threatened on every offences crime althought criticized  various circles due to ineffectiveness realize the purpose of punisment, namely the social defence and fostering offender. This led to the emergence of anternatives on imprisonment in the hope purpose of punishment can be realized. The Tokyo Rules is set to 14 Desember 1990 recommending the counties in the world in order to enter the alternatives of imprisonment in a code penal include a community service order and restitution. A community service order is intended to make offenders be chastened and shammed so as not to repeat the crime (offender oriented), while restitution in the form of payments for losses incurred due to the act the offender to the victim, as an expression of remorse is expected to eliminate the conflict between the offender and the victim (victim oriented). Thus, the purposee of punishment is expected to be realized.
Kebijakan Formulasi Pengaturan “Illicit Enrichment” Sebagai Upaya Pemberantasan Tindak Pidana Korupsi Istiqomah, Milda
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0069.76-86

Abstract

In its progress, the criminal sanctions given to the convicted offenders of corruption are not effective. Therefore, in order to prevent corruption, the strategy needs a certain mechanism to criminalize the alleged offenders of corruption. The proper strategy is to provide a deterrent effect aims to impoverish corruptor. This study attempts to examine the regulations of corruption and offers alternative setting formulations of illicit enrichment as an effort to prevent the corruption. This research applies normative judicial method with statute approach and comparative approach. This study concludes that Indonesia doesn’t have regulations related to illicit enrichment; therefore the author offers an alternative on regulation of illicit enrichment as effort to eradicate corruption in Indonesia.
Kewenangan Komisi Kepolisian Nasional dalam Mewujudkan Tata Kelola Kepolisian Yang Baik Awaluddin, Awaluddin
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0089.52-61

Abstract

This research aims to analyze on how the authority implementation by National Police Commission in the pursuit of manifesting good governance of police in Indonesia. This research is a normative research. The data collection method is by library researches, document studies, law acts, interview with member of the House of Representative of Indonesia, interview with National Police Commission, and interview with the Imparsial Jakarta. The data processing method is qualitative. The result of the research shows that the authority implementation by National Police Commission has not worked according to the society’s expectation. Since the authority owned by National Police Commission is too simple for a national commission that help President. Likewise, it is too weak for a commission which expected to run the supervisory function toward the performance of Indonesian Police.
Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia Azmin Mokhtar, Khairil
Jurnal Media Hukum Vol 23, No 2 (2016): December
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available

Page 12 of 52 | Total Record : 518

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