cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kab. bantul,
Daerah istimewa yogyakarta
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
 18   19   20   21   22 
From Separate Legal Entity to Economic Unity: The Criminal Liability of Parent Company Ali, Mahrus
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190131

Abstract

Corporate criminal liability has become an issue following the increase in corporate crimes. This study discusses the possibility of parent company to deny liability for crimes committed by its subsidiary companies. This normative legal research employed qualitative analysis. The results showed that the parent company denied criminal liability by hiding behind the separate legal entities and limited liability doctrine. Through both doctrines, the parent company treats itself as a separate legal entity apart from the subsidiary company so that the former holds no liability for any crime committed by latter. Through piercing the corporate veil doctrine, the parent company intentionally uses the subsidiary company as a tool to maximize profits and applies total control. Therefore, based on the vicarious liability principle, the subsidiary company functioned as the parent company’s agent. It works for or on behalf of the parent company in which every profit made is owned by the parent company.
The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice Ikhwansyah, Isis; Sidabutar, Lambok Marisi Jakobus
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190137

Abstract

Bankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (SDPO). This article aims to analyze the basis of justice related to the bankruptcy of the debtor and the implementation of the bankruptcy test in relation to the request for bankruptcy submitted to the debtor. This study is a normative juridical research method that uses descriptive-analytic research. This study also uses library research to collect data and  analyzes data with qualitative juridical methods. The results show that the debtor's bankruptcy application did not apply the Bankruptcy test. It is believed that insolvency test  on the debtor's bankruptcy petition is as a manifestation of the principle of justice that is in accordance with Pancasila by providing balanced protection among creditors, debtors and other stakeholders.
The Urgency of the State Budget Revision: Political and Legal Perspectives Erawati, Erawati
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190132

Abstract

This article aims to discuss the urgency of state budget revision and if the conditions, as stated in the MD3 Act are met, and the government takes steps not to propose an amended state budget with specific considerations, whether this government’s action is considered to violate the laws or regulations or not. This is a normative legal research that uses statute approach. The result of the study shows that the urgency of state budget revision is to ensure the soundness of the implementation of the current year's state budget by adjusting the amount of state revenue, state expenditure, budget deficits, and budget financing to more realistic levels that allow the achievement of specified development targets.  In the light of the Presidential system in Indonesia, the government’s decision not to propose a revision of the state budget if the criteria to revise it, as stipulated in the State Finance Law and MD3 Law are fulfilled, theoretically is not a violation of the current laws and regulations. The choice to submit or not submit a revision of the state budget, after going through careful consideration by the government, is aimed at maintaining its credibility since the existence of a revision implies that the government is unable to undertake precise budget planning.
The Application of Social Control Theory in Preventing Violent Crime by Juvenile Delinquent Widowaty, Yeni
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190133

Abstract

Yogyakarta has faced a number of violent crimes committed by a group of teenagers (juvenile delinquents). These include vandalism, destruction of public facilities and even murder. The purpose of the research was to find out factors that contribute to the rise of such crimes Yogyakarta and the possible solutions. This Socio-Legal research employed both primary and secondary data. It was found that factors causing violent crimes derived from both internal and external factors of the perpetrators. Both penal and non-penal policies have been taken to prevent the mentioned crime. The future concept is to approach violent crimes by juvenile delinquents through Social Control theory in the form of affection, trust, commitment, and involvement. The idea is to involve various parties in handling the problem. Not only police officers, other stakeholders such as parents, teachers, and religious leaders should also be involved.
The Issue of Copyright Infringement in 4.0 Industrial Revolution: Indonesian Case Nurhayati, Yati; Ifrani, Ifrani; Halim Barkatullah, Abdul; Said, M Yasir
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190128

Abstract

Industrial revolution has substantially changed the economy and society. The fusion of technologies and information marked the fourth industrial revolution which brings about new challenges relating to protection of intellectual property, including copyrights. With regard to this, there has been several changes in the law relating to copyrights in Indonesia. The nature of copyright infringement has been changed from ordinary offense to complaint-based offense. This fundamental change undoubtedly affects the enforcement of the copyright law in Indonesia. Thus this paper aims to answer and review the legal reasoning behind the shift in offense in Copyright Law in Indonesia. This normative legal research employed a descriptive-analytic method. The result shows that the complaint-based offense is suitable in copyright protection considering that only the copyright owner knows the details of the object of the creation.
The Importance of the Governor Regulation in Supporting the Geographical Indication of Batik Production in West Java Kudiya, Komarudin; Atik, Saftiyaningsih S. Ken
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200146

Abstract

West Java has traditional batik crafts developed in 27 districts/cities. The diversity in both style and variation af this traditional batik is a source of strength that is not found in other provinces. The spread of imitation batik (batik motif) put a serious threat for traditional batik craftsmen. The purpose of this research is to discuss the importance of regulating the use of traditional batik to increase the economic value and to support the geographical indication  in West Java.  This empirical legal research used both secondary and primary data. It is found that the regulation on the use of traditional batik as governed under the Governor Regulation is intended to increase the economic value and to support the geographical indication of West Java Province. This regulation is a strategic step in efforts to preserve, develop, and protect the existence of West Java traditional batik.
Strengthening the Position of Expert Witness in Judicial Process Amarini, Indriati; Kartikawati, Ratna
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200141

Abstract

An expert witness is a person requested to give testimony based on his/her specific expertise in a court trial. Expert testimony is needed to help the judges discovering the truth. A problem emerges when the expert witness is sued for his/her testimony by the losing party. The purpose of this research is to elaborate the role of expert witness and the need to strengthen its position in judicial process. This doctrinal research relies on the secondary data and employs a qualitative juridical analysis. The result of the research shows that the expert testimony is needed to clarify particular issue that cannot be addressed by the judges themselves. Considering its importance, the expert witnesses should be able to give their testimonies freely and protected from any legal action due to their testimonies. 
Comercialization of Airnav Indonesia as Air Navigation Provider: Is it beneficial? Wirsamulia, Feri
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200147

Abstract

The aim of the research is to analyse whether commercialization air navigation service and how Airnav Indonesia as a provider may have a benefit from it. This normative legal research uses statutory approach. The results of research show that following the transfer of authority and responsibility from PT. Angkasa Pura I and PT. Angkasa Pura II as the air navigation service provider in January 2013, the air navigation service in Indonesia entered into a new chapter which is monopolized by one company, that is “Lembaga Penyelenggara Pelayanan Navigasi Penerbangan Indonesia” (LPPNPI) or “Airnav Indonesia”. By the Governmental Decree No. 77 of 2012, Airnav Indonesia was established to provide air navigation service in order to secure the aviation safety and air traffic over the Indonesia territory. Generally, air navigation service is treated as public service in many countries, however, the idea to commercialize the air navigation service has been applied in some countries. The Government should consider altering Airnav Indonesia from a public service company to be a commercial business company which may contribute to the Government’s income. Commercialization of the air navigation service will provide a mutual benefit not only among stakeholders in the aviation industry, but also for aviation safety. Eventually, the Airnav Indonesia as the sole air navigation service provider in Indonesia could be a profit centre institution instead of merely a public service company.
Policies on Regulatory Reform in Indonesia: Some Proposals Chandranegara, Ibnu Sina; Ali, Muhammad
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200142

Abstract

After the reformation, the number of laws and regulations has continued to increase. In the period 2000-2017, there were 35,901 regulations have been issued. The highest number is Regional Regulations, which are as many as 14,225 Regional Regulations, followed by a Ministerial Regulation at 11,873. In the third place, there were 3,163 regulations from non-ministerial institutions. This study has main objectives of finding policy choices in an effort to simplify and identify regulations as an agenda for legal reform. This research is a normative juridical research. The data used are secondary data, which includes primary and secondary legal materials, in the form of relevant legislation, as examples of regulations that are out of sync, incoherent, and potentially overlapping. This study concluded that the regulatory reform agenda can be carried out by three means, i.e. (1) Regulatory simplification (2) Reconceptualization of understanding regulatory needs and (3) synergies between regulators. There must be also some reformation between actual practice and long term frameworks on regulation making process and regulation itself. That is because effective regulation is not just predicated on technical information-capturing capabilities (and the experience) of the regulator.
Building Quality of Democracy and Democratization of Political Party’s Leader Election Sulardi, Sulardi
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200140

Abstract

Political parties are crucial assets of democracy. Political parties have strategic functions and roles in building democracy of a country. To create democracy and democratization, thus, the first subject who must practice democratization should be the political parties themselves.  Until today, Indonesia is still in the process of seeking and progressing towards the ideal form of democratic living (democratization), as envisioned in the constitution. Surely, “the process of democratization” must be done in all aspects. Democratization in political parties has not been built well, as there are still some political parties whose election of leaders are still influenced by the parties’ founder and family ties. Building quality of democracy may be initiated by the democratization of political parties, in this case through making better the election mechanism of the leader of the political party. This election process may be done democratically if: there are regulations which have been prepared from the beginning which guarantees the democratic changing process of the political party’s leader. There should be no “familial” characteristics in the political parties which will actually create political party dynasties. There should also be a clear limitations regarding the head of the political parties’ term of office and a more transparent and accountable election of political party’s election of leader.  

Page 20 of 52 | Total Record : 518

 18   19   20   21   22 

Filter by Year

2007 2025


Reset
Filter By Issues
All Issue Vol. 32 No. 1: June 2025 Vol 31, No 2 (2024): December Vol. 31 No. 2: December 2024 Vol 31, No 1: June 2024 Vol 30, No 2: December 2023 Volume 30, Number 1, June 2023 Vol 30, No 1: June 2023 Vol 29, No 2: December 2022 Vol 29, No 1: June 2022 Volume 28, Number 2, December 2021 Volume 28, Number 1, June 2021 Volume 27, Number 2, December 2020 Vol 27, No 1 (2020): June Volume 27, Number 1, June 2020 Vol 26, No 1 (2019): JUNE 2019 Vol 26, No 2 (2019): December Vol 26, No 2, December 2019 Vol 26, No 1, June 2019 Vol 25, No 2 (2018): DECEMBER 2018 Vol 25, No 1 (2018): JUNE 2018 Vol 25, No 2, December 2018 Vol 25, No 1, June 2018 Vol 24, No 2 (2017): December 2017 Vol 24, No 2 (2017): December Vol 24, No 1 (2017): June Vol 24, No 1 (2017): June Vol 23, No 2 (2016): December Vol 23, No 2 (2016): December Vol 23, No 1 (2016): June Vol 23, No 1 (2016): June Vol 22, No 2 (2015) Vol 22, No 2 (2015) Vol 22, No 1 (2015) Vol 22, No 1 (2015) Vol 21, No 2 (2014) Vol 21, No 2 (2014) Vol 21, No 1 (2014) Vol 21, No 1 (2014) Vol 20, No 2 (2013) Vol 20, No 2 (2013) Vol 20, No 1 (2013) Vol 20, No 1 (2013) Vol 19, No 2 (2012) Vol 19, No 2 (2012) Vol 19, No 1 (2012) Vol 19, No 1 (2012) Vol 18, No 2 (2011) Vol 16, No 3 (2009) Vol 16, No 1 (2009): Juni Vol 14, No 3: November 2007 Vol 17, No 2 (2010) Vol 17, No 2 (2010) Vol 17, No 1 (2010) Vol 17, No 1 (2010) Vol 16, No 2 (2009): Desember Vol 15, No 1 (2008): Juni More Issue