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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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LARANGAN PENGASINGAN TANAH DAN PELUANG INVESTASI ASING DI INDONESIA FX Sumarja
Jurnal Media Hukum Vol 21, No 1 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v21i1.1163

Abstract

Throughout the political history, agrarian law in Indonesia recognize the prohibition of land alienation. Foreigners or  foreign  legal  entities  (foreign  investors) were  banned  for  land  ownership.  Argrarian  Fundamental  Lawsstipulates that foreigners domicile in Indonesia and foreign legal entities which have representatives in Indonesia are  only  allowed  to have  land  use  rights  and  building  lease  rights.  In  practice,  foreigners  and  foreign  legalentities prefer  to  acquire  land  ownership  rights by nominee. Whereas  nominee  is  illegal  and  has  very weak legal position. Article 16 paragraph (1) letter h junto Article 24 Argrarian Fundamental Laws open the opportunitiesfor foreign investors  in land tenure through Guna Bangun Serah rights, by positioning the ground as a means of production  rather  than as an  investment. Guna Bangun Serah  in  Indonesia was marked by the birth of  theMinister of Finance of  the Republic of Indonesia Decree No. 470 / KMK.01  / 1994 on Procedures for Removal and Utilization of Assets  / Country’s Wealth, which adopted  the  “Turgut’s Formula”, namely  the construction and management of dams on the river Syehan Turkey.This study aims to find an alternative land ownership for foreign  investors that  require  land as  ingredients, considering  the  limited  tenure  in  Indonesia  to consider  theexpediency  of  justice  and  legal  certainty.  The  new  paradigm  is needed  in  attracting  foreign  investment  in Indonesia, in order to obtain the benefit, justice and legal certainty, through Bangun Guna Serah rights. Article 16 paragraph (1) letter h Argrarian Fundamental Laws stipulates the other rights that are not included: Properties, Cultivation  rights, Building  rights,  Tenure  and Rental  Rights will  be  established  by  law.  Bangun Guna  Serah rights defined as rights to construct a building and / or its facilities on land that is not his own and then utilize the building and  / or  its facilities  in a  certain period of  time that has been agreed, as  in  the  future the  land, buildings  and  / or  the  following  facilities will be  transfered  to  the owner of  the  land after  the  term expired. Guna Bangun Serah  rights  can be  incorporated into  the Land Bill.
Transformative-Participatory Legal Research Method for Harmonizing The Existence of The Living Law in Indonesia Yoefanca Halim; Fricky Sudewo; Jestin Justian
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.20190130

Abstract

The most common research which conducted in Indonesia is a doctrinal research, based on the deductive approach. Theoretically, all provisions have noble goals, but in practice there are several difficulties in term of implementation, especially related to existence of living law. Therefore, appropriate legal-research method is needed to counter the polemic, namely the use of transformative-participatory legal research method. The article aims to explore how to harmonize the living law with transformative-participatory legal research methods. The method uses in the study is the normative legal research method. The research found that through the transformative-participatory legal research, legal researchers would still accommodate the essence of legal analysis founded in conventional methods, but it will not be confined by those methods.  The living law is the essence in society and based on transformative-participatory research method, the law-making process needs a community participation and empowerment.
CONTRACT OF WORK AS AN INTERNATIONALIZED CONTRACT: A SUI GENERIS RELATION OF FOREIGN INVESTMENT Nanda Saraswati
Jurnal Media Hukum Vol 22, No 1 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0050.110-126

Abstract

Contract of work is an agreement made between the government of the Republic of Indonesia with foreign companies, and or joint ventures between foreign companies with domestic legal entities to carry out exploration and exploitation in general mining or oil and gas out of the earth, in the time period agreed by both parties. One of the foreign companies in cooperation with the Indonesian government in this field is PT Newmont Nusa Tenggara which form the contract of work in the field of utilization and development of mining potential in Indonesia. However, Act No. 25 of 2007 on Investment, Chapter IV of Form and Position Enterprises in Article 5, paragraph 2 requires that the foreign investment shall be in the form of a limited liability company based on Indonesian law and domiciled in the territory of the Republic of Indonesia, unless specified otherwise by law. Therefore, a contract of work is often regarded as a national contract by many parties. Others suggested that such contract which involves foreign investment transaction is sui generis, or in other words a quasi-public international contract. This paper will discuss the foreign elements of the contract and conclude that the contract of work can be categorized as an international contract.
The Importance of the Governor Regulation in Supporting the Geographical Indication of Batik Production in West Java Komarudin Kudiya; Saftiyaningsih S. Ken Atik
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.
LEGAL ISSUES RELATED TO THE SHARIAH ADVISORY COUNCIL IN MALAYSIA Norhashimah Mohd Yasin
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v20i1.1402

Abstract

Malaysia has always aspired to be the hub for Islamic banking and finance. Various measures have been, and are being, carried out to promote Malaysia as an international Islamic banking and financial centre. As the backbone for this, the national Shariah Advisory Council (SAC) has been established under the auspices of the Central Bank of Malaysia Act 1958 (CBMA). Under the CBMA, the SAC has been conferred a statutory function as the authority for the ascertainment of Islamic law for the purposes of Islamic banking, as well as business and other types of Islamic financial businesses. In 2009, the CBMA 1958 was replaced and repealed. With the coming into force of the CBMA 2009, the role and functions of the SAC was reinforced and upgraded in terms of appointments of members and, most importantly, that the Shariah rulings pursuant to any reference made to the SAC by the Civil court or arbitrator concerning Shariah matters shall be binding on the Islamic financial institutions as well as on the court and any arbitrator. The issue of whether or not the SAC is the final arbiter on Islamic banking and finance disputes or, in other words, there is no longer a process of judicial review where it involves Shariah matters, will be the highlight of this paper. To what extent does the post CBMA 2009 solve the binding nature of the SAC upon the Civil courts of Malaysia as its rulings and directives are only relevant to ‘Shariah’ issues? What would be the situations if the issues of the Islamic banking and finance cases are deemed not to amount to a ‘Shariah’ issue, but are purely on banking, land matters or contractual interpretations? Has there any actual legal reform been brought about by this amendment or is it merely a cosmetic changes? If the court were to be bound by the SAC rulings, does this not usurp the independence of the judiciary which is the corner stone of the principle of separation of powers between the executive, the legislature and the judiciary? The above legal issues will be critically explored with the help of cases decided by the Malaysian Civil courts, pre and post CBMA 2009.
Iconic Fictional Object as Separately Copyrighted Work from the Original Work Dian Ayu Muthoharoh
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.
Constitutional Complaint Dalam Rangka Penegakan Hak Asasi Manusia di Republik Indonesia Solidaman Bertho Plaituka
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0072.110-120

Abstract

The Constitutional Court exists to oversee the RI State Constitution contained therein and the protection of human rights enforcement. Protection of constitutional rights of citizens by the Court comes through constitutional review authority. But in the mechanism, the Court protect the constitutional rights of citizens to the extent of constitutional rights are violated by the provisions of the law, so the law will be declared contrary to the constitution. In fact, the possibility of violations of citizens’ constitutional rights not only through the normative provisions of a law. There are many way and possible that violation of the constitutional rights of citizens, either by the authorities or by the actions of other parties. In this condition we know that constitutional complaint very urgent in Constitutional Court in Indonesia.
The Use of Gold Dinar and Silver Dirham in Moslem Countries in the Contemporary Era Muchammad Ichsan
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.2017.0087.35-41

Abstract

The dominance of the US dollar and other developed countries currencies, as well as the fact that their currencies have fallen behind, have urged groups of Moslems in some countries to call for the use of gold dinar and silver dirham as a medium of exchange. This paper aims at examining the need, application, and law on the use of gold dinar and silver dirham from the Islamic perspective. To reach the goal set at this moment, a descriptive method is employed in the writing while an analytical method is used to scrutinize the relevant problems. This study finds that in the current situation Moslems need to use gold dinar and silver dirham for their financial contracts. The use of gold dinar and silver dirham is applicable in this modern era although there are some obstacles and problems. Lastly, the use of gold dinar and silver dirham as a medium of exchange is allowed from the Islamic perspective based on some propositions.
KONSEP PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN TRADISIONAL MASYARAKAT ASLI TENTANG OBAT DI INDONESIA ZAINUL DAULAY
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.v19i2.99

Abstract

The Protection of Traditional Knowledge, especially protection traditional medicine, have been an academic debate in international forum. Research is aimed to find out: firstly, living norms protecting traditional konowledge of medicine in indigenous communities; secondly, comparing practices of developing countries in regulating Traditional Knowledge; and thirdly, identifying the current applicable concept in protection Traditional knowledge. The finding of the research comprises, firstly, as a valid owner of traditional knowledge, indigenous peoples have  reseonable rights to determine legal protection based on their perpectives.  Secondly, practices of medicinal knowledge arrangement in developing countries are variable and; thirdly defensive protection concept and positive protection involves intellectual property regime (patent, trademark and geographical indication) and legal regime sui generis to be applied in traditional knowledge, especially medicinal knowledge.Key Words: Traditional Knowledge; Indigenous Peoples; Ownership; Intellectual Property, Legal Protection.
ANALISIS FATWA DEWAN SYARIAH NASIONAL TENTANG WAKALAH, HAWALAH, DAN KAFALAH DALAM KEGIATAN JASA PERUSAHAAN PEMBIAYAAN SYARIAH Destri Budi Nugraheni
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.2017.0088.124-136

Abstract

The objective of this research is to analyze the Fatwa of Dewan Syariah nasional (Syariah National Board) concerning Wakalah, Hawalah, and Kafalah so that whether it can be applied in the activities of islamic finance company. This is a juridical normative research and focused on analyzing secondary data, specifically in 2 (two) types of Legal material, Primary and Secondary Legal Matrerials. Furthermore, all data will be analyzed and presented descriptevely. This research shows  that, regarding Wakalah, the Fatwa about Wakalah and Wakalah bil Ujrah are in conformity with activities by Islamic Finance Company Service. Wakalah was used as Complementary Agreement in Murabahah Financing with Islamic Finance Company as Principal. In the other side, Fatwa concering Wakalah bil Ujrah used when Islamic Finance Company take a position as Grantee. Even though Financial Service Authority’s Regulation specify that service activities may use Hawalah and Kafalah Agreement, but based on this research’s analysis about Fatwa and Fikih, only Hawalah bil Ujrah and Kafalah bil Ujrah that may be used by Islamic Finance Company.

Page 24 of 52 | Total Record : 518

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