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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518 Documents
<![CDATA[KARAKTERISTIK PENYELESAIAN TINDAK PIDANA SECARA INFORMAL MELALUI PERADILAN ADAT ]]>
<![CDATA[Fitriati, Fitriati]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0092.164-171
<![CDATA[The legal inquiry is not just a matter of legal institutions and state organs, but also concerning the pursuit of justice that are informal. One of the problems of existing laws are criminal cases. Many criminal cases in village government were resolved through informal channels through a variety of methods are applied to each of the area. The process of settlement of criminal acts through the informal channels is a form of local wisdom in the law enforcement process. The research objective is to analyze the effectiveness of the settlement of criminal cases informally through customary justice. This study is a socio legal research. According to the research found that this form of criminal offense informal settlement is through village meetings, traditional justice, customary pemufakatan, direct action by the community for the provision of social sanction. Customary justice here is not justice terlembgaa as was common in formal law. The reason why the track in formal been is because it is considered more effective and efficient in terms of time, procedures and costs.]]>
<![CDATA[Sanksi Pidana Pemerkosaan Terhadap Anak Menurut Hukum Pidana Positif dan Hukum Pidana Islam ]]>
<![CDATA[Wahyuni, Fitri]]>
<![CDATA[ Jurnal Media Hukum Vol 23, No 1 (2016): June ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2015.0071.95-109
<![CDATA[Crime is a social phenomenon that occurs at any place and time. One form of the crime is rape against children. This research is motivated by the condition of the large number of rapes that occur against children. But the threat of criminal penalties against perpetrators of child rape with imprisonment of a maximum of 15 (fifteen) years is considered not reflect the sense of justice for children as victims and that provision is not in accordance with the development of the people of Indonesia are mostly Muslim. This encourages the comparison between positive criminal law with Islamic criminal law and the need for reform of criminal law in the future. Descriptive-analytic approach-comparative, used to analyze criminal sanctions in rape against children in Indonesia. Criminal sanctions rape of children as contained in the Criminal Code and the laws establish child protection imprisonment. Viewed from the objective of sentencing in criminal law rape Indonesia that criminal sanctions against children in positive criminal law does not accommodate the interests of the protection of victims but only oriented to act so that the objective of sentencing offenders to provide a deterrent effect against perpetrators have not been up to materialize. While the Islamic criminal law does not mention explicitly about rape, but rape in Islamic criminal law can be in groups into jarimah adultery even more cruel. Islamic law had explained that rape is hirabah (QS. Al Maidah: 33). Punishment in the form of the death penalty, crucifixion, hand cut legs crossed or exiled. Thus, the formulation of sanctions in criminal law reform on child rape can be adopted with a choice of criminal sanctions as contained in the criminal law of Islam.]]>
<![CDATA[Tanggung Jawab Sosial Badan Usaha Milik Negara dalam Menumbuhkan Kemandirian Masyarakat di Sulawesi Selatan ]]>
<![CDATA[Rauf, Abdul]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 1 (2017): June ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[State-owned enterprises (SOEs) social responsibility is important to maintain continuity of production to the goal of building the social legitimacy, even the implementation of social responsibility in SOEs has become a liability in accordance with the legislation in force. However, reality shows that the implementation of social responsibility by the state has not been able to play an optimal role in fostering self-reliance. Therefore, the issues to be discussed is how a form of implementation of social responsibility SOEs to foster self-reliance. This research was conducted by examining theories and provisions of relevant laws and connected with the application in the field. The research was conducted on a five (5) SOEs in South Sulawesi as a sample. The results showed that the implementation of social and environmental responsibility by the state is a form of concern on the part of the company on surrounding communities and the environment, which is implemented in the form of the Partnership and Community Development Program coupled with other social programs are referred to as BUMN Peduli. However, in order to foster self-reliance of society, there should be synchronization between the activities of the partnership program with environmental development program. Provide guidance to the public should also be conducted on an ongoing basis from the provision of training, provision of capital, mentoring, until the people who nurtured can be sought independently.]]>
<![CDATA[REVITALISASI PRINSIP PEMBEDAAN (DISTINCTION PRINCIPLE) SEBAGAI UPAYA PERLINDUNGAN KORBAN KONFLIK DALAM KONFLIK BERSENJATA MODERN ]]>
<![CDATA[Danial, Danial]]>
<![CDATA[ Jurnal Media Hukum Vol 23, No 2 (2016): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2016.0080.200-208
<![CDATA[Studi ini dimaksudkan untuk mengkaji revitalisasi prinsip pembedaan dalam hukum humaniter internasional agar dapat memberikan perlindungan efektif terhadap kombatan dan penduduk sipil dalam konflik bersenjata modern. Penelitian ini menggunakan metode yuridis normatif,dengan pendekatan asas-asas hukum dan sejarah hukum. Penelitian ini bersifat deskriptif analitis, yaitu menganalisis identifikasi masalah berdasarkan data sekunder berupa bahan hukum primer, bahan hukum sekunder dan bahan hukum tertier yang kemudian dianalisis secara yuridis kualitatif. Studi ini mengkaji revitalisasi revitalisasi konsep prinsip pembedaan hukum humaniter internasional dapat memberikan perlindungan efektif terhadap kombatan dan penduduk sipil jika pihak yang bersengketa menghormati prinsip pembedaan, prinsip proporsionaltas dan prinsip kemanusiaan dalam konflik bersenjata secara bersamaan. Selain itu, pembaharuan terhadap Hukum Humaniter Internasional dalam upaya perlindungan korban konflik bersenjata perlu di lakukan karena pada tataran konsep dan implementasi kurang memberikan perlindungan efektif terhadap kombatan dan penduduk sipil dalam konflik bersenjata modern. Hal tersebut karena dipengaruhi perkembangan bentuk konflik, yang tadinya hanya konflik bersenjata internasional kemudian muncul konflik bersenjata non internasional; adanya perbedaan norma antara Protokol Tambahan I dan II tahun 1977; dan adanya perbedaan penafsiran terhadap objek; serta Sulitnya membedakan antara kombatan dan non kombatan dalam perang modern saat ini.]]>
<![CDATA[CONSTITUTIONAL COMPLAINT DAN CONSTITUTIONAL QUESTION DAN PERLINDUNGAN HAK-HAK KONSTITUSIONAL WARGA NEGARA ]]>
<![CDATA[Zoelva, Hamdan]]>
<![CDATA[ Jurnal Media Hukum Vol 19, No 1 (2012) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[The 1945 Constitution gives limitative authority to the Constitutional Court only to review of laws against the constitution, adjudicate dispute over state institution whose authorities are mandate by constitution, adjudicate dispute on the result of general election, dissolution of political parties and obliged to decide upon DPRâs opinion in the case of the impeachment of the President. In practice, many of the constitutional issues can not be resolved by the Constitutional Court because it explicitly doesnât include the authority of the Constitutional Court, for example, the adjudication of the constitutional complaint and the constitutional question. Both of these issues are not easily resolved by the Court outside of the Constitutional Court. The main issue to be analyzed in this paper is the possibility that the Constitutional Court may adjudicate constitutional complaint and constitutional question. By using the normative approach, comparative study of several other countries as well as theoretical studies on the functions of the Constitutional Court in constitutional democracies states, this paper analyzes the possibility of the Indonesian Constitutional Court may adjudicate constitutional complaint and the constitutional question.]]>
<![CDATA[PELAPORAN PROGRAM KEMITRAAN DAN BINA LINGKUNGAN SERTA CORPORATE SOCIAL RESPONSIBILITY BADAN USAHA MILIK NEGARA ]]>
<![CDATA[Fajar, Mukti]]>;
<![CDATA[Budi Setyaningrum, Reni]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0095.193-206
<![CDATA[Act number 13 of 2003 on State Owned Enterprise obligate State Owned Enterprise to pay attention on social issues through Partnership and Community Development Program (PKBL). Meanwhile Act number 40 of 2007 on the Limited Liability Company instruct Limited Liability Company to implement Social and Environmental Responsibility which often called as Corporate Social Responsibility (CSR). These two programs are practically have almost the same form, thus assign a double burden for SOEs on its implementation. This study aims  are to find out the mechanism of implementation and reporting of PKBL and CSR from SOEs which are both regulated in different legal regimes. This research is conducted normatively by reviewing various rules and legal documents and empirically by assessing various implementation of PKBL and CSR by SOEs. The result of this study indicate that SOEs must perform PKBL if they have profits, while SOEs related to natural resources industry have to implement CSR which obtained from company’s budget. Both programs are implemented in the same form in providing social assistance and community business. The CSR report is only reported in the Company's annual report to be accounted in front of General Meeting of Shareholders. While the aims of Partnership and Community Development Program financial reporting is to provide information on financial position, activity and cash flow statement and records, for stakeholder’s decision making.]]>
<![CDATA[HARMONISASI REGULASI DAN EFEKTIVITAS KELEMBAGAAN SAFEGUARD DI INDONESIA ]]>
<![CDATA[Alfaqiih, Abdurrahman]]>
<![CDATA[ Jurnal Media Hukum Vol 19, No 1 (2012) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[The implementation of WTO agreement is not easy in accordance with the estabilished regulations, so deviations in the process of trade liberalization that press domestic indrusties will likely to take place. Therefore, it is necessary to have safety actions to actualize mutual benefits in international trade. There are many cases of safety actions conducted by many countries such as Argentine that implements safety actions to its footwear industries without adapting to WTO regulations which causes the countryâs losses. The paper examines the consistency of safeguard regulations in Indonesia with safeguard regulations of WTO and its implementation reviewed from the law effectiveness. The result of the study shows that the safeguard regulations in Indonesia is in accordance with the safeguard regulations of WTO in the normative level, but in the implementation the policy is not done effectively.]]>
<![CDATA[UPICC SEBAGAI MODEL BAGI PEMBARUAN HUKUM KONTRAK INDONESIA DALAM RANGKA MENGANTISIPASI BERLAKUNYA MASYARAKAT EKONOMI ASEAN TAHUN 2015 ]]>
<![CDATA[Mandala, Subianta]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0085.96-104
<![CDATA[The current Indonesian contract law which is inherited from then Dutch colonial is no longger compatible with the the rapid development of international trade and business practice. Indonesia, therefore for quite long time, has made an effort to reform its contract law. However, those efforts are not successful so far. The entry into force of the ASEAN Economic Community in 2015 is a good momentum for Indonesia to revisit the idea of the reform. This research tried to find out the most possible approach for the reform. The research applied normative juridical method with futuristic approach. In conclusion, UPICC as an international instrument may well serve as model for the new Indonesian contract law. With its soft law character, UPICC may flexibly be adjusted in order not to prejudice the fundamental principles of Pancasila.]]>
<![CDATA[UPAYA GANTI RUGI AKIBAT TIDAK SAHNYA PENANGKAPAN DAN PENAHANAN PASCA DIKELUARKANYA PERATURAN PEMERINTAH NO. 92 TAHUN 2015 TENTANG PELAKSANAAN KUHAP ]]>
<![CDATA[Purwanto, Heri]]>
<![CDATA[ Jurnal Media Hukum Vol 23, No 1 (2016): June ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2015.0067.48-61
<![CDATA[The point of research is compensation, so the aim of this research was to determine claims for losses due to it unlawful arrest and detention through the pretrial process. This research uses yuridis normative law research analyst with using approach of law (statute approach) and conseptual approach so it’s using the secondary dates sources such as primary,secondary and tertiary legal materials. Dates was collected with library research and analyzed by deductive logic. That the point to research about the compensation due to the implementation of the demands it unlawful arrest and detention through the pretrial process. Basic legal arrangement which is used to determine the pretrial process is the Code of Criminal Procedure (Criminal Procedure Code). The results showed that to know whether the Government Order No. 92. 2016 on implementing the Criminal Code relating to the increase in the amount of compensation can be implemented with a simple process in accordance with the principles of simplicity and fairnes. Based on the results of research and discussion in mind that the process of implementation efforts related to the costs of compensation for damages can not be done easily, because they still have to refer to the decision of the Minister of Finance 983 / KMK.01 / 1983 that was already in need of revision due to too many stages that resulted the process becomes long in accordance with Government Regulation No. 92. 2015 which requires in Article 11, paragraph 2, which reads "Payment of compensation be made within 14 (fourteen) working days from the date of claim for damages is accepted by the minister who organized". The important thing from this research is to porpose immediately change the Indonesian Minister of Finance decision No. 983/KMK.01/198, into new decision implementing government regulation No.92. 2015. So in this case it mean that the proces of disbursement of compensation must be implemented is easy and quick short.]]>
<![CDATA[The Use of Gold Dinar and Silver Dirham in Moslem Countries in the Contemporary Era ]]>
<![CDATA[Ichsan, Muchammad]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 1 (2017): June ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0087.35-41
<![CDATA[The dominance of the US dollar and other developed countries currencies, as well as the fact that their currencies have fallen behind, have urged groups of Moslems in some countries to call for the use of gold dinar and silver dirham as a medium of exchange. This paper aims at examining the need, application, and law on the use of gold dinar and silver dirham from the Islamic perspective. To reach the goal set at this moment, a descriptive method is employed in the writing while an analytical method is used to scrutinize the relevant problems. This study finds that in the current situation Moslems need to use gold dinar and silver dirham for their financial contracts. The use of gold dinar and silver dirham is applicable in this modern era although there are some obstacles and problems. Lastly, the use of gold dinar and silver dirham as a medium of exchange is allowed from the Islamic perspective based on some propositions.]]>
