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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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Patent Law and Its Enforcement in Indonesia, Japan and the USA Purwaningsih, Endang
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.20200138

Abstract

The fundamental issues in the era of industrialization is the protection of patent rights and the enforcement of the patent law. In Indonesia, Intellectual Property Rights (IPR) including patent tend to be violated with regard to foreign investment and transfer of technology issue. Therefore, as a member of the WTO, it is necessary for Indonesia to learn from  other countries such as Japan and the United States of America, especially in terms of regulations. The purpose of this study is to find out the fundamental differences among Indonesia, Japan and America regarding the protection of patent rights and the enforcement of patent law. This research is a normative legal research. Data is collected from books, international journals, relevant laws and government regulations. The results show that the scope of patent protection in Japan, the United States and Indonesia has so far followed TRIPs and WTO provisions. Basically, Indonesia, Japan, and America have the same acquisition system, namely “first to file”. Historically before 2013 America has ever used “first to invent” system. Coverage of protection remains the same in the fields of technology and industry, but Japan extends the scope of patents to cover those produced by the employees and Indonesia also adopts this  model. In term of enforcement, Indonesian patent law also develops  a new appeal commission to settle patent disputes.
Urgency of Legal Indigenous Communities' Position in Indonesian Constitutional System Jayus, Jaja Ahmad
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.20200144

Abstract

Customary law community or Masyarakat Hukum Adat (MHA) in Indonesia has their own uniqueness and peculiarity in establishing relationships with the people and the surrounding environment. Along with the development of the era, the MHA experienced the complexity of the conflict of interest on the land tenure for business purposes or Hak Guna Usaha in the civil sphere, as well as conflicts within the scope of criminal law. The research analyzes legal indigenous communities’ position in the protection of normative law. The method used is normative or doctrinal law research that leans to a qualitative (non-numeric) based on secondary data which is analyzed qualitatively. Recognition and protection of the MHA in Indonesia is experiencing an uneasy phase. Since the independence of Indonesia the existence of MHA has only received adequate portions in the era of reformation with the Amendment of the Constitution 1945, enshrined in the Article 18b Paragraph 2 and Article 28i Paragraph 3, eight laws, and at least 22 (twenty two) regulations of the region either in the province, or regency/city, or decree of the local head of the area that recognizes the existence of the Communities. Nevertheless, the upper position of the MHA is felt not to provide maximum assurance and protection forthe Communities. The Indonesian House of Representatives (DPR) through the right of initiative encourages the draft law on MHA which currently becomes a national legislation program and become a priority in 2020 in providing recognition, protection, and empowerment of MHA. With the initiatives of the Bill, it is expected that the problems experienced by indigenous peoples are reduced drastically.
Incorporating Psychological Approach in Nurturing the Inmates: Solution for Better Correctional System Rohayu H, Rina; Absori, Absori; Surbakti, Natangsa
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.20200139

Abstract

Correctional facility has duty and strategic function in implementing the imprisonment and nurturing the inmates. The existing regulations are unble to solve the problems within the correctional system. The purpose of this study is to find out better solution with regard to the nurturing process of the inmates. This study employs doctrinal or normative approach. It is found that many inmates involve in criminal activities during the nurturing process. Furthermore, the inmates often become recidivists either by repeating the previous crime or conducting the new one. These facts show that the application of the existing regulations fail to change the inmates’ behavior. Self-conscience of the inmates is a determinant factor and therefore, psychological approach needs to be incorporated in the nurturing process. This can be done especially by providing psychotherapy for the inmates
THE USE OF PER SE ILLEGAL APPROACH IN PROVING THE PRICE-FIXING AGREEMENTS IN INDONESIA Anisah, Siti
Media Hukum Vol 27, No 1 (2020): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The Indonesia Competition Commission (the ICC) often faces difficulties to find evidence in the form of agreement made by business actors in determining prices. The agreement is the main element to prove the price-fixing which is prohibited under Article 5 of Law No. 5 of 1999. The legal issue discussed in this research is whether the use of per se illegal approach in proving the price-fixing agreement requires direct evidence or it is sufficient with an indirect evidence. This normative study found that the competition authorities still impose sanctions to business actors even though the (legitimate) agreement does not exist. The examination requires an in-depth understanding of economic theories and should prioritize the principle of prudence due to its vulnerability to manipulation. The analysis of Decision No. 08/KPPU-I/2014 and 04/KPPU-I/2016 found that the ICC proved the price-fixing case using indirect evidence and included an analysis of the impact on competition. Both cases indicate that the ICC applied the rule of reason approach because of the difficulties in finding the evidence of the agreement. On the other hand, the ICC applied per se illegal approach in the Decision No. 10/KPPU-L/2009 and 14/KPPU-I/2014 due to the existence of direct evidence.
LEGAL AND INSTITUTIONAL FRAMEWORK ON COUNTER-TERRORISM IN INDONESIA Suatmiati, Sri; Kastro, Edy
Media Hukum Vol 27, No 1 (2020): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The current legal basis for combating terrorism in Indonesia is The Government Regulations in Lieu of Statute (Perpu) No. 1 of 2002 on the Eradication of Terrorism. The fight against terrorism involves various institutions including national police, national army, and civil society. With regard to this, special unit has been established to deal with terrorism by national police and national army as well. This paper aims at elaborating the legal and institutional framework for combating terrorism in Indonesia and the possible way to improve it. This normative legal research employs statutory approach. It is found that basically the existing law has been strong enough. However, the eradication of terrorism would be more effective if Indonesia adopt preventive detention clause as governed under the Internal Security Act (ISA) in Singapore and Malaysia. This clause allows the authority to detain the suspect without legal process when his action is considered as the threat of national security.
Corruption of the Local Leaders in Indonesia: An Expository Study Hadi, Sadhono; Nurmandi, Achmad; Rahardjo, Trisno; Pribadi, Ulung
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Corruption in Indonesia takes various forms and involves various parties including the local leaders. The aim of this study is to analyze various forms of bribery involving the heads of regencies/Mayors. This study employs qualitative method and focuses on corruption cases in four regencies namely Bangkalan, Karawang, Tegal and Madiun. The research is supported by the Nvivo12 software package that enable researcher to categorize and homogeneous the enormous data. The study found that there are various types of bribery committed by the heads of regencies that include either direct bribery, levies, forced bribery (extortion), or tribute. The type of bribery depends on the specific conditions of each area. The types of corruptions can also be distinguished into hidden and open corruption. Open corruption refers to corruption that involves local governmental units.
The Position of Amicus Curiae under the Indonesian Law of Evidence Aulia, Fadil; Muksin, Muchlas Rastra Samara
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The use of amicus curiae has been common in Indonesia, especially in criminal courts. Although there is no clear regulation on amicus curiae, in practice, it has been submitted more than 24 times to the courts. Even there are some judges who consider amicus curiae in making their decisions. This paper aims to determine and examine the legal standing and the strength of amicus curiae under the Indonesian law of evidence. This normative legal research relies on the secondary data in the form of legal material. It is found that the opinion of an amicus curiae, which is usually submitted to the court in written form, could be used as a documentary evidence as intended in Article 187 of the Criminal Procedure Code. However, it has no binding force. Therefore, the judges are free whether or not to consider the opinion submitted by the amicus curiae.
The Undue Influence Doctrine and Its Function in Consumer Financing Cases Azam, Syaiful; Mulhadi, Mulhadi; Harianto, Dedi
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The practice of freedom of contract in Indonesia is remain imbalance due to unequal position of the parties. This imbalance has been used by companies to take advantages and at the same time harm consumers. This study aims to explain the "undue influence" doctrine in legal practice in Indonesia and its function in emphasizing the importance of the consensual principle in contracts. By using normative juridical approach based on secondary legal materials, statutory, and court decisions, and the data were collected through literature study and analyzed qualitatively. The terminology of undue influence or misbruik van omstandigheden in the Indonesian Civil Code obviously has not been regulated but has the same character as the concept of “defect of the will” as regulated in Article 1321 of the Code. The provision of “defect of the will”  is an integral part of the consensual principle in Article 1320 of the Code. The function of this doctrine limits the application of the absolute principle of freedom of contract and becomes a source of law for judges in resolving contract disputes in court. In the reform of the national contract law, this doctrine should be considered to be included as an important element to complete main aspects of Article 1321 of the Code.
Cyber Terrorism and its Prevention in Indonesia Setiawan, Dian Alan
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Cyber technology gives birth to criminal activities carried out inside the cyberspace which is technically referred to as cybercrimes. Cybercrime appears in various forms including the so-called cyberterrorism.  The purpose of this research is to discuss the development of cyberterrorism and to explore the efforts made by the Government in controlling cyberterrorism in Indonesia. This normative legal research examines the application of the relevant legislation, especially Law No. 19 of 2016 regarding the Amendment to Law No. 11 of 2008 on Information and Electronic Transaction and Law No. 5 Year 2018 regarding the Amendment of the Law No. 15 of 2003 on the Eradication of Crime of Terrorism. It is found that the development of cyberterrorism can be prevented through both technological and legal approach.
The Challenges of Shariah Penal Code and Legal Pluralism in Aceh Razi, Muhammad; Mokhtar, Khairil Azmin
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

An outstanding feature of Aceh Special Region is its autonomy relating to the administration of Islamic Criminal justice system. Undoubtedly this power is one of the key features of the devolution of power to the region. It is a tedious process with numerous challenges and obstacles. The research paper aims to examine whether the prolonged development pertaining to the Islamic Criminal justice system's administration is due to the constitutional and administrative arrangements or actually lies in society. Devolution requires well-structured and systematic planning and execution. It involves various mechanisms and touches many issues. To blame the system for protracted progress is not something unexpected. However, the perception of the public or society of Aceh relating to the Shariah Criminal Justice System also has a significant impact. The research shows that despite the general manifestation of the local population's willingness and support for the system, some issues have emerged. The research reveals that the challenges and obstacles in prolonged development come from both the society and the system. Lack of understanding of the society towards Syariah Penal Code, problems faced by members of the People Representative Council (DPR) Aceh in drafting the Code, and the need to ensure strict compliance of the Code with Syariah are among obstacles faced. The issues and their effect on the implementation and enforcement of Aceh's Syariah Penal Code are scrutinized in the research paper.  This is a qualitative study based on library and internet research. It is also legal research whereby the relevant laws are examined.  The devolution in Aceh is more complicated than in other regions because it is coupled with "dualisme hukum" or legal pluralism within the Indonesian legal system.

Page 21 of 52 | Total Record : 518

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