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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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Green Victimology Perspective the Law Number 32 of 2009 on Environmental Protection and Management Angkasa, Angkasa
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.20200153

Abstract

Green victimology refers to the study of victimology that focuses on  victims of environmental harm. The object of this new study cannot be separated from the philosophical values that underlie the growth of green victimology. Through literature research based on secondary data, this research focuses on two studies. The first is about the philosophical foundations of green victimology and the second is about the perspective of green victimology in the Law Number 32 og 2009 on Environmental Protection and Management. Based on the results of the research, it can be stated that the foundation of green victimology ecocentrism which sees that the environmental entities have intrinsic value in virtue of their own interests apart from its instrumental or utilitarian value for humans. This is different from the values underlying the previous victimological study that was based on anthropocentrism. Ecocentrism has been adopted in the Law Number 32 of 2009 on Environmental Protection and Management.
Iconic Fictional Object as Separately Copyrighted Work from the Original Work Muthoharoh, Dian Ayu
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.v28i1.11045

Abstract

Copyright is one of the IPR branches that protect the human’s intellectual work in the field of science, arts, and literature. The film is a creation that is protected by copyright. In a film, there are not only characters that are easy to remember but also specific properties uniquely used by the characters, especially the main character. This property is called an iconic fictional object. This normative juridical legal research will discuss one legal issue, whether an iconic fictional object can be separately protected from the original work. Based on the analysis in this study, an iconic-fictional object is not explicitly stated as work protected by copyright according to Article 40 of Copyright Law No. 28 of 2014. However, iconic fictional objects fulfil elements of a work entitled to copyright protection: The creative work in the fields of science, art, and literature; Created by the ability, skill or expertise of the creator; and Expressed in real form. Furthermore, The United States Court of Appeals for the Ninth Circuit on DC Comics vs Mark Towle Batmobile case had argued that iconic fictional objects could be separately protected from the original work as long as they meet three conditions: (1) Physical as well as conceptual qualities, (2) Sufficiently delineated, and (3) Especially distinctive and contain some unique elements of expression.
The Payment of Inheritance Acquisition Duty of Right on Land and Building in Sleman Perwitiningsih, Perwitiningsih; Simarmata, Rikardo
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.v28i1.10801

Abstract

This research is aimed at revealing the collection practice of inheritance Acquisition Duty of Right on Land and Building (BPHTB) of Marital Properties in the form of land rights at Regional Finance and Assets Office (BKAD) Sleman and analyzing the practice based on the inheritance and land law. This research is empirical legal research. The data collected in this research are analyzed using a qualitative method and presented descriptively in order to obtain descriptive qualitative results. The result shows that there has been an overpayment of tax that should not be billed in the collection of BPHTB inheritance in the form of land as the marital property at BKAD Sleman since the living widow’s or widower’s right is counted. Land titles as joint assets, if registered only in the name of the heir without registering the spouse's name, the BKAD Sleman does not take into account the spouse’s right to the land titles. This calculation happens because a land certificate as the marital property is registered only under the name of a husband or a wife alone, and BKAD Sleman interprets this condition as that the owner of the certificate is the one whose name is registered on it.
SUMBANGAN PEMIKIRAN HAK ASASI MANUSIA TERHADAP PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA(KUHAP) Ari Wibowo
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.2016.0074.128-136

Abstract

The idea of renewal of the Criminal Procedure Code can not be separated from the contribution of human rights concept. This contribution has been explicitly included in the preamble of the Draft of Criminal Procedure Code. Although the current Criminal Procedure Code already provides protection to the rights of the defendant, but the implementation is still not optimal. Therefore, in the Draft of Criminal Procedure Code there is a new institution called the Rechter-Commissaris to replace the function of Pretrial Institutions. It has far wider powers of Pretrial Institution, so that the protection of the rights of defendant in any stage of the judicial process will be more secure fulfillment. The development of human rights concept also contributed to the idea to regulate the rights of victims, both associated with involvement in all stages of judicial proceedings and the right to sue for damages.
PENYELESAIAN SENGKETA PERBANKAN SYARIAH DALAM PERSPEKTIF HUKUM PROGRESIF Dewi Nurul Musjtari
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v20i2.270

Abstract

The purpose of this study was to  explain Islamic banking dispute serrlement in progressive legal perspective relevant to thinking about law Hans Kelsen for the development of progressive legal concept that in order to complement and enhance the operation of law in society.The paradigm of this research is constuktivisme, while the method of research was carried out by two strategies, namely the research literature (library research) and case studies (case study). Literature study conducted on all documents or literature on legal theory. Documents then grouped according to the dimension of time or periodization. Case studies conducted in this study is a case related to the operation of law in society related to Islamic banking dispute resolution. This study used a socio-legal rules governing this studies. This research using secondary data and primary data. Secondary data was obtained through the Research Library (Library Research) and Legal Document. Secondary data include: 1) Primary Legal Materials, in the form of Article 55 of Law No. 21 Th 2008 and explanations, Article 39 of Law No. 30 Th, 1999, Law No. 4 Th. 1996, Law No. 50 Th. 2009 àStatute aproach civil relationship à Theory Agreement and Procedural Law, Procedural Law Religious Court, the Constitutional Court Decision No. 93 / PUU-X / 2012 à Pollitik àTeori Political Law Law, Religion and ruling Justice Court Judge District Court relating to Settlement Dispute Guarantee Mortgage. 2) Secondary Legal Materials, consisting of a book-nail on legal theory, legal philosophy, paradigm, socio-legal studies and research methods. Primary data was obtained through research in the field (Field Research) was done by observation, interview, which includes: 1) Law sanction institution: Judges. 2) Role Occupant: Judges, Academics, Advocate, Legal Staff of The Islamic Bank, Islamic Bank Customer, Successor (cadre) Satjipto Rahardjo and Hans Kelsen. à implemantation with hermeneutics and phenomenology. Keywords:  Dispute Settlement, Islamic Banking, Progressive Legal Perspective
Perlindungan Hukum Terhadap Hak-Hak Masyarakat Adat Di Kabupaten Pelalawan Terkait Dengan Penerbitan Ijin Lahan Maryati Bachtiar; Riska Fitriani
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0091.71-79

Abstract

Overlap the land permit granted by the Government of Pelalawan result of indigenous people communal land taken without regard to the rights of the local population. In issuing licenses, many customary rights of indigenous peoples are disadvantaged. Because in practice the country has not fully provide legal protection of the rights of indigenous peoples, as in the case of customary land disputes and conflicts/communal, indigenous peoples still in a weak position associated with the policies issued by the state. Need for Local Regulation in Pelalawan governing the legal protection of the rights of indigenous peoples, so that indigenous land disputes and conflicts/customary in Pelalawan can be minimized.
PENYELESAIAN TANAH KORBAN TSUNAMI YANG TIDAK ADA DAN/ATAU TIDAK DIKETAHUI AHLI WARISNYA Taqwaddin Taqwaddin; Sulaiman Tripa; Insa Ansari; Teuku Muttaqin Mansur
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.104

Abstract

Post-tsunami disaster in Aceh, legal issues on land are regulated by the Government Regulation in Lieu of Law Number 2 of 2007, which regulates among others on land that does not exist and/or unknown its owners and their heirs. The land is being taken care as  a religious treasure by Baitul Mal  with an order the Syar'iyah Court. This study applies juridical normative and sociological normative methods. From the field research it was found that the Government did not have data of lands with unknown owners and their heirs. It was known from decision of the Syar'iyah Court  of Banda Aceh which revealed that the fact was originated from the construction of the drainage where the land procurement committee did not know where to hand over the land acquisition fund.Key words: tsunami, land, Aceh
KOMPARASI PENYELESAIAN PENGADUAN NASABAH ANTARA BPD D.I. YOGYAKARTA DAN BPR DANAGUNG BAKTI GROUP Rasyid Yuliansyah; Ani Yunita
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.
KAJIAN TENTANG PELAKSANAAN PENCATATAN SIPIL DITINJAU DARI PERSPEKTIF UU NO. 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN DI KABUPATEN BANTUL Sri Suwarni
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.371

Abstract

The research aims to figure out the implementation of vital statistics  in Bantul Regency that in line with Law No.23/2006, to find out problems in the implementation of this vital statistics, and to define efforts done by the officials in dealing with problem in the implementation of vital statistics with the presence of aforementioned regulation. This research was conducted in both library and field research methods. The data attained from both library and field research, analyzed in qualitative approach. Law No. 23/2006 has recently been implemented in Local Regulation of Bantul Regency No. 26/2008 on the implementation of demographic administration and Bantul Regent Regulation No. 16/2008 on Birth Certificate Record. Problems occurred on vital statistics during transition period of Law application are quality of human resources which is frankly speaking still insufficient to deal with high demand from the residents on service of official documents, especially birth certificate, and deficiency of facilities to support the implementation of vital statistics. The officials has conducted Demography and Vital Statistics Service in order to meet the high demand on providing official documents, are maximizing its service and using available facilities in Demography and Vital Statistics Service, also in Licensing Service.Keywords: demographic administration, vital Statistics, Licensing Service.
Pengaruh Pelaksanaan Jaring Aspirasi Masyarakat dalam Pembentukan Peraturan Daerah Partisipatif Fatkhurrohman Fatkhurrohman; Miftachus Sjuhad
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0114.190-201

Abstract

Jaring Asmara were carried out after Regional Regulation drafting was completed by both the executive and the legislative. This research carried out an empirical legal research approach.The results of the research in Malang, Pasuruan and Tulungagung showed that Jaring Asmara activities produced the first few records, all inputs (proposals) from stakeholders were not always fulfilled, especially those that were against the wishes (legal politics) by the legislators. Both things are definitely fulfilled by the legislator when it comes to new policies, information on new legislation, information on new technical procedures. From these findings, it shows that Jaring Asmara is actually a tool to provide opportunities for the community in guarding the formation of a regional regulation to be a little functional (not optimal). Likewise the existence of the thought theory of Philip Nonet and Philip Selznick which is the motor of forming responsive legislation has no effect at all. Jaring Asmara is nothing more than a ceremonial activity where the target is only to drop procedures. It is hoped that in the first year this study will find out the influence of implementing the Jaring Asmara in the formation of participatory local regulations to resolve the problem.

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