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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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EKSISTENSI SERIKAT PEKERJA/SERIKAT BURUH DALAM UPAYA MENSEJAHTERAKAN PEKERJA Ibrahim, Zulkarnain
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.2016.0076.150-161

Abstract

The exsistence of Labour Union do not implement the mandate of Laws. No. 21 year 2000 about Labour Union, also in covering, defensing the right/obligation of workers, and welfare of workers and their family. Informal workers not yet and should become the member of Labour Union, because they become the Indonesia’s economic strength/endurance. So that Labour Union convince goverment to help with technical guidance, management, and banking with low interest. General obstacle of Labour Union, weak in leadership’s quality and bargaining with businessmen. The personal/group needs, become the reason of fragmentation from time to time, and the vision/mission has not yet maximally executed to facing the future. The Labour Union should execute right/obligation from laws, making the members become professional in their fields, and harmonic with members and also bussinesmen.
INDIKASI GEOGRAFIS: REZIM HKI YANG BERSIFAT SUI GENERIS Sasongko, Wahyu
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The existence of the Geographical Indication (GI) was estabilished at the same time as the TRIPs Agreement in 1994. In the TRIPs Agreement, GI is Intellectual Property Rights (hereafter IPR) regime that is typical of sui generis due to its distinctive features. It is reflected in the elements that are in the definition of GI. Basically, GI has set the use of Geographical names to recognise an object. Previously, the IPR regime had also set them, namely: Indication of Source (IS) and Apellation of Origin (AO), that were set in the Paris Convention in 1883, Madrid Agreement in 1891, and the Lisbon Agreement in 1958. Instead, the geographical names are also used as brands. The paper is a theoretical study towards two problems. First, the elements that become the characteristics of GI so that it is typical of sui generis. Second, the similiarities and the differences amongst GI and IS, AO and other trademarks. The findings of the study reveal that GI is typical of sui generis, reflected in the elements that are in the GI definition as it has already been agreed upon in the TRIPs Agreement. There are similiarities amongst GI and AS, AO and other trademarks, namely they can use the geographical names as a label on objects. Meanwhile, the differences are in the elements themselves. IS has the simplest element, followed by GI and the trademark is in ownership system that is individual in the trademark and communal in GI.
PENGATURAN PEMUTUSAN HUBUNGAN KERJA DALAM PERSPEKTIF KEPENTINGAN EKONOMI DAN HAK ASASI MANUSIA Santoso, Budi
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.2017.0087.115-123

Abstract

Issue of dismissal is closely related to human rights and economics. The regulating must consider both aspects. This paper explores how the economics perspective and human rights perspective on the issue. On the economics perspective, although the neoclassical economics theory and the theory of new institutional economics have a difference in perspective on the issue, whether or not it stipulated by legislation, but both have a common view that the dismissal should not affect the company's productivity and efficiency. Meanwhile, on the human rights perspective, the worker is entitled to a fair dismissal.
TINJAUAN HUKUM ISLAM TERHADAP FUNGSI BALAI HARTA PENINGGALAN DALAM MENGURUS HARTA KEKAYAAN ORANG YANG TIDAK HADIR Yuniarlin, Prihati; Heriyani, Endang
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0096.1-8

Abstract

People who are absent do not lose their status as legal subjects who have rights and obligations. For this reason, it is necessary to protect both the interests and property. The purpose of this study was to find out whether the Heritage Hall had fulfilled its function in managing the assets of people who were not present. This research is a normative legal research with a conceptual approach (conceptual approach) and a law approach. The informant in this study is an Islamic Civil Law Expert. The study is showed 3 results. First, the Heritage Property has fulfilled its function in managing the assets of people who absent. Second, the existence of the Institution of Treasury Hall can provide legal protection for the assets of people who absent. Third, the function of the Treasure House in managing the assets of people who absent can be said to be in accordance with Islamic law. Although the task of managing or managing the assets of people who absent is different, in Islamic Law the institution authorized to take care of the assets of people who absent is the Temporary Zakat Agency according to the Civil Code, the management of assets that are not present is the Heritage Hall . However, the essence is same, both the Amil Zakat Institution and BHP in principle represent the State in managing the assets of people who absent.
ANALISIS YURIDIS PUTUSAN BEBAS TERDAKWA ANGGOTA POLRI DALAM PERKARA TERTEMBAKNYA WARGA SIPIL DI MESUJI LAMPUNG Seregig, I Ketut
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0101.48-59

Abstract

The Free Verdict handed down by the Appellate Court of the Tanjungkarang High Court is a judgment that has fulfilled the sense of justice for the defendant AKP WH as a member of the Police, because the Panel of Judges has shown the authority of this law in the eyes of the public in general and gives appreciation to the Indonesian Police measures in securing the show  anarchist feelings that people do. However, the justification justifying the decision of the Tanjungkarang High Court of  Appeals Court is the issue that needs to be investigated to determine what is considered by the Panel of Justices so that in its decision to free the Defendant AKP WH from all charges.The conclusion of the research that has been done is that the free judgment handed down by the Appeals Judge to the defendant is based on several considerations that are used as justification reasons, among others; the defendant has performed his duties in accordance with the procedures laid down in the applicable law and the use of firearms to disperse anarchist masses and no longer any party to the act of the defendant, material or moral, as all parties have agreed to make peace. Reviewing the facts presented in the appeals court by the Appeals Panel is used as the Rejection and Forgiveness Reason because there is no longer any legal provisions violated by the defendant AKP WH, the Panel of Judges frees the defendant from all charges
PERLAKUAN TERHADAP TERPIDANA MATI DI LEMBAGA PEMASYARAKATAN DALAM PERSPEKTIF HAK ASASI MANUSIA Sitanggang, Djernih; Laela Fakhriah, Efa; Suseno, Sigid
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0106.102-110

Abstract

The Penal system is conducted by the correctional facility was only oriented towards convicted criminals. The problem was on how to treat death penalty convicts who are in the penitentiary during the execution waiting period. The result research’s on Penal system is only effective for convicts obliged to follow the restoration program, whereas the death penalty convict was not obliged and for him to decide actively or not to follow the restoration program. The restoration program must to be obliged for the death penalty convict, so that the penal system could provide protection for Human Rights
POLITIK HUKUM EKONOMI SYARIAH DALAM PERKEMBANGAN LEMBAGA KEUANGAN SYARIAH DI INDONESIA Irawan, Mul
Media Hukum Vol 25, No 1 (2018): JUNE 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Sharia economy has grown rapidly in Indonesia. This indicated by the creasing number of bank and non-bank finansial institution used sharia principles. One way’s to support these development is the sharia law political economy which conducted by the government. The problem who must be examined integrally was the politic role of law in the sharia finansial institutions development and the sharia finansial institutions development itself. The purpose and benefits of this research were to provide an objective picture as well as a recommendation for the strengthening the Islamic politic of law and sharia regulations. This research used normative method, which was a study on regulation, research result, journal, data and other reference, that would be analyzed by qualitative descriptive method. The results of the study found that the politic of laws and regulations of sharia economy have being contributed and established facilities for the development of Islamic finansial institutions in Indonesia. The unity of politic on law and sharia economic regulation has established public trust and provided an opportunities and protection for community, bussiness people, customers and sharia finansial institutions
Analisis Pengaturan dan Praktik Pemisahan Kekuasaan Sistem Pemerintahan Presidensial Berdasarkan Konstitusi Zulfan, Zulfan
Media Hukum Vol 25, No 1 (2018): JUNE 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The founding fathers is agreed to embrace a presidential government system. The founding fathers is formulated the vision and mission of the Indonesian nation on the understanding of nationalism. This article would like to answer how the separation of powers in the presidential system based on the 1945 Constitution. The separation of powers arrangements and practices in the parliamentary system has already been applied in Indonesia. Post-independence, the relationship between the President and the House of Representatives in the implementation of the legislative function is not harmonious. Indonesia during the Old Orde was a phase of liberal democracy, then re-enacted Pancasila democracy. Based on its development, political instability helped determine the weaknesses in the implementation of separation of powers in Indonesia.
RESTORATIVE JUSTICE: PARADIGMA BARU PERADILAN PIDANA Satria, Hariman
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0107.111-123

Abstract

Direction of criminal justice in Indonesia is currently experiencing a shift from retributive to restorative-rehabilitative or daad-dader-strafrecht or model of balance of interests. This is confirmed by Laws No. 11 of 2012 on Juvenile Justice System, which states in Article 6 to Article 8 that emphasizes the concept of restorative justice through diversion. Both of these concepts allow the settlement of children out of the criminal justice. However, not all criminal offenses committed by children can be settled out of court (diversion) unless two conditions are met: imprisonment for a criminal offense under seven years and is not a repetition of criminal offenses (recidivism). The essences of restorative justice are: First, in the settlement of children, it is necessary that the offenders and their families and victims and their families can sit together to discuss the settlement of issues including reparations to victims (restitution in integrum). Second, the essence of restorative justice is to give punishment to the offenders but the punishment is didactic, in order to benefit to both of the perpetrator and the victims.  This is in line with an adagio “delinquens per iram provocatus puniri debet mitius”. Third, regulation of a quo using two approaches: i.e. victims and offenders mediation approaches as implemented in North America as well as approach that emphasizes restitution and reparation (court based restitutive and reparative measure), as practiced in the United Kingdom
KOMPARASI PENYELESAIAN PENGADUAN NASABAH ANTARA BPD D.I. YOGYAKARTA DAN BPR DANAGUNG BAKTI GROUP Yuliansyah, Rasyid; Yunita, Ani
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0098.22-30

Abstract

This study is determined how the settlement system of customer claims the Regional Development Bank of Yogyakarta and Danagung Bakti’s Rural Bank and its Legal Implications. This study is non-doctrinal or empirical. The type of the research is empirical research and the research approach is the law concept with data sources of primary data, secondary, and tertiary. Data was collected through interviews, and study literature or documents. The result of this study is the system settlement of Customer Complaints in Regional Development Bank of Yogyakarta and Danagung Bakti’s Rural Bank accordance with PBI Numb. 7/7/PBI/2005 as amended by Regulation Numb.10/10/PBI/2008 on settlement of Customer Complaints although the level of implementation in the field there are still some deficiencies.  The legal implications concerning the existence of Standart Operating Procedure in the Regional Development Bank (BPD) of DIY result in the smooth implementation of the Customer Complaints Settlement process at Regional Development Bank DIY while the implications related to the absence of Standart Operating Procedure in Bank Perkreditan Rakyat Danagung Bakti cause still less optimal settlement process of customer complaint in Danagung Bakti Rural Bank.

Page 16 of 52 | Total Record : 518

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