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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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Simultaneous Elections in North Aceh Regency: An Islamic Perspective Yahya, Nasrullah Arull
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The 2019 Simultaneous Regional Election has brought about some problems which threaten the quality of local democracy, especially in North Aceh Regency, Indonesia. The research aims at discussing the practice of regional election in North Aceh Regency from Islamic perspective. In Islamic law, the implementation of elections is carried out in accordance with the principles of justice and equal rights. This research is a normative and empirical study, where the research data is obtained through library research and interviews with informants. While the data analysis used is descriptive analysis. The results show that the problems in the implementation of the 2019 simultaneous elections in North Aceh Regency according to Islamic law were; first, there is a question on neutrality of the Election Commission officers in carrying out its duties and functions, such as taking sides to certain candidates or parties by way of inflating votes. This is contrary to the principles of Islamic law, namely the principles of justice and equal rights; Second, the weakness of human resources in operating computers for inputting voter data and election result data. In Islamic law, the lack of qualified human resources has an impact on the inability to account for the mandate as caliph; and third, the inadequate facilities and infrastructure, both for offices (workspaces, desks, computers, and other supporting equipment) and non-available official vehicles. This situation is contrary to objective of Islamic law, namely maqashid sharia, such as essential element of life (dharuri), complementary element of life (haji) and accessories of life (tahsini) needs.
A New Industry and Tax Base on Taxing Esports in Indonesia Sung, Ming-Hsi; Umar, Wahyudi
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Unlike traditional sports that relies on traditional television broadcasting, esports usually adopts live streaming on internet platforms, such as YouTube, as its medium.  Through a delicate design of profit sharing, live esports streaming and media have greatly changed the video game industry from sheer family entertainment machine makers into a new frontier of money making sport, and therefore the game players into a profession that may make billion dollars annually. This paper intends to introduce the current situation of esports in Indonesia, asserting the potential to collect tax from live game streamers (Content Creators) and YouTube (Platform), and players from this newly developed sports industry to broaden the tax base in Indonesia.  This research is a normative legal research. Data collected from books, journals, relevant laws and regulations. The results show that the government should either revise the current tax law and legal design that are obvious out-of-dated and dysfunctional or follow developed countries to have law specifically designed for taxing esports industry and e-economy.
Interpreting Fiscal Risk for Lack of Bank Indonesia’s Capital Indrawati, Yuli
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.8712

Abstract

The research is focused on determining the government's obligation to meet the shortage of capital of Bank Indonesia (BI), as the central bank, in the National State Budget (APBN). The research analyzes the basis of the government's obligation to meet BI's lack of capital and a mechanism for fulfilling the government's obligations to cover BI deficiencies in line with the objectives of the APBN. This study uses a normative legal research method with a statute, interdisciplinary, and analytical approach. The result shows that the government's obligation to suffice BI's capital is intended to maintain BI's sustainability so that BI can continue to carry out its responsibilities and obligations to maintain monetary stability. Monetary stability has implications for economic stability and increases in people's welfare. In addition, the fulfilment of government obligations is contingent, limited and final. This obligation will only be born if BI is no longer able to overcome the lack of capital. The cause of the lack of capital is beyond BI's control, as evidenced by the results of an examination by the Supreme Audit Agency and requires the approval of the House of Representatives.
Problematics of Determining Interest in Peer-to-peer Lending in Indonesia Annas, Muhammad; Anshori, Muhammad Anwar
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.10022

Abstract

Peer-to-peer lending is considered as the solution for people who require loans with easy terms. However, peer-to-peer lending in Indonesia causes some new problem related to the essential nature of it. Authorization of Indonesian Joint Funding Fintech (AFPI) determines peer-to-peer lending interest-debt possible to violate competition law in Indonesia. The paper aims to describe and analyze the authorization of Indonesian Joint Funding Fintech, which has a big chance to harm competition law in Indonesia. The author uses normative legal research methods and secondary data sources to examine the topic in this study. The result shows that the arrangement of interest-debt in peer-to-peer lending potentially creates a cartel and violates the basic principles of competition law in Indonesia.
ASEAN Non-Intervention Principles: An Alternative Settlement towards Human Rights Violation in Rohingya Achmad, Yulianto; Prasetyoningsih, Nanik; Al Fath, M. Reformis
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.10892

Abstract

The frame of international news is colored with a series of systemic and consistent human rights violation experienced by the Rohingya ethnic group in Burma. Toward this case, it is unlikely for Burma to be willing and to be able to resolve this case internally. Hence, as a regional security and stability guard in the Southeast Asia region, ASEAN should take part in settling human rights violations that occur in its member states. However, every settlement attempted by ASEAN is constantly distracted with Non-Intervention Principles. This research aims to examine the alternative ideas for Non-Intervention Principles of ASEAN as a settlement towards human rights violation on Rohingya ethnic. This research used normative research, based on the secondary data was employed as the research method. The obtained data were analyzed by using qualitative analysis. The research found that the Non-Intervention principle has been applied in ASEAN in the most rigid form. Meanwhile, Humanitarian Assistance and Humanitarian Intervention mechanism is an alternative settlement towards human rights violations on the Rohingya ethnic group in Myanmar
Implications of Legal Loophole concerning Liability over Delay in Restitution Payment by Criminal Offender Aprilianda, Nurini; Fibriansyah, Ryan Ilham
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.10411

Abstract

Crime is harmful to society, especially to the victims. Legal protection should be taken into account to help the victims recover from the loss suffered. The protection can be made through the payment of restitution by either the offender or the third party. Such an issue has been addressed in the existing law, especially the Witness and Victim Protection Act 2014 (Amendment) and the Government Regulation No. 7 of 2018 concerning Compensation, Restitution, and Aid for Witness and Victim. Unfortunately, they do not impose any sanction over the delay in restitution payment by the third party or the offender. This paper aims at discussing the implication of this legal loophole. This normative legal research employs a statutory approach. It is found that the legal loophole has exposed the victims to secondary victimization due to uncertainty and injustice.
Corporate Liability for Creditors’ Losses during the Covid-19 Pandemic Johan, Suwinto; Ariawan, Ariawan
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.10566

Abstract

Many companies experienced bankruptcy lawsuits during the Covid-19 pandemic in 2020. This was so when the companies’ asset cannot afford their obligations upon their creditors, especially banks and other financial institutions. The creditors demanded compensation to avoid losses due to the companies’ failure in repaying their loans. The question is who should be held liable if the companies are of limited liability companies. This paper aims to examine the liability of corporation for creditors' losses. This normative legal research relies on secondary data in the form of legal materials, especially primary and secondary legal materials. The result shows that demanding compensation through bankruptcy lawsuit is not an easy task for the creditors. In fact, a separate lawsuit is required rather than incorporating it in a bankruptcy lawsuit. Even, it is not only a matter of civil case but also criminal case. Therefore, the companies may be subjected to both civil and criminal liability.
Emergency Powers and Covid-19 in Thailand: Carl Schmitt’s Constitutional Emergency Model Reconsidered Leelapatana, Rawin
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.11477

Abstract

Carl Schmitt was an anti-liberal conservative jurist during the Weimar Republic in Germany whose position on emergency powers sponsors a hardline form of ‘realism’. To restore peace and order qua the homogeneity of the people in times of crises, he sponsors the role of the sovereign in deciding on an extreme emergency even by transgressing the wordings of a written constitution. However, this article seeks to use the case of the Thai government’s response to Covid-19 through the invocation of emergency powers to expose deficiencies pertaining to the Schmittian model. Rather than calling for the politics of exclusion, the present outbreak of Covid-19 in Thailand reiterates the essence of legality and communitarian and social solidarity.
Copyright Infringement on Parody Video: A Legal Perspective Sahar, Nur Persmawati
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200149

Abstract

The study aims to find out and analyze copyright infringement related to making parody videos with cinematographic work content. The researcher analyzed one of the parody videos made by Shopee as advertising content. The parody video made came from one of the cinematographic works, namely Dilan 1991. The research method used was normative juridical. The approach used is the statutory approach and conceptual approach. The author examined that in Shopee ads, the making of the Dilon 2019 parody video satisfies the provision of Article 5 of Law Number 28 of 2014 on Copyright. Two rights are retained by a creator or copyright holder, namely moral rights and economic rights. Article 5 of the Copyright Act governs the moral interests of the author and copyright holder.The study indicates that the 2019 Dilon parody video made by Shopee as advertising content is a form of copyright infringement and is not included in fair use. That is because the parody video making violates the moral rights and economic rights of the creators of cinematography Dilan 1991.
Omnibus Law on Job Creation: State Capture? Ambarwati, Siska
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.10654

Abstract

The study aims to analyze whether there is a state capture in making the Job Creation Law. Since the Job Creation Law was raised, many parties have criticized the existence of the Law because in the making of the Job Creation Law it is believed that it is more beneficial to employers, giving rise to an indication of state capture in its making. The research method used is a form of normative research with a statutory approach. The result shows that there is a state capture carried out by the authorities and employers in the making of the Job Creation Law. About 262 or 45.5 percent of the 575 House of Representatives members are affiliated with the company and therefore the regulations to be made more favorable for employers or investors while the welfare of workers is at stake. The rushed legislative process causes the values and aspirations of the people to be unable to be proportionally aggregated and accommodated, and this is certainly contrary to the principle of participation and the principle of openness as stipulated in the provisions of laws and regulations.

Page 22 of 52 | Total Record : 518

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