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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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KONSEPSI PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP DALAM UUPR DAN RTRW SE PROVINSI NUSA TENGGARA BARAT Arba, H.M.
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.v20i2.265

Abstract

Persoalan penataan ruang tidak bisa lepas dengan lingkungan hidup dan sumber daya alam. Ketiga komponen ini selalu berkaitan, sehingga baik di dalam UUPR maupun di dalam Perda Provinsi dan Kabupaten/Kota tentang rencana penataan ruang selalu memperhatikan lingkungan dan sumber daya alam. Kajian ini bertujuan mengetahui dan memahami konsepsi dasar perlindungan dan pengelolaan lingkungan hidup baik di dalam UUD NRI 1945 maupun di dalam peraturan perundang-undangan organiknya. Dan untuk mengetahui dan memahami tentang konsep hukum pengaturan perlindungan dan pengelolaan lingkungan hidup di dalam UUPR dan Perda-perda RTRW di Provinsi NTB. Berdasarkan hasil kajian dan analisis menunjukan bahwa konsepsi dasar perlindungan dan pengelolaan lingkungan hidup telah diatur dengan jelas di dalam UUD NRI 1945 (amandemen) dan peraturan perundang-undangan organiknya. Lingkungan hidup adalah salah satu komponen kehidupan yang selalu melekat dengan manusia, oleh karena itu harus diatur, dikelola dan dilindungi dengan baik. Sedangkan Pengaturan perlindungan dan pengelolaan lingkungan hidup baik di dalam UUPR maupun di dalam Perda-perda RTRW di Provinsi NTB sudah diatur secara jelas dan detail. Dengan demikian, pengaturan perlindungan dan pengelolaan lingkungan hidup tidak hanya terdapat di dalam UUPPLH dan peraturan pelaksanaannya, akan tetapi diatur juga di dalam UUPR dan peraturan pelakksanaannya, serta Perda-perda RTRW Provinsi dan Kabupaten/Kota se-NTB.Key Words: Perlindungan lingkungan hidup
PIDANA KERJA SOSIAL DAN RESTITUSI SEBAGAI ALTERNATIF PIDANA PENJARA DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA Iskandar Wibawa
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.2017.0086.105-114

Abstract

Imprisonment is the criminal delict who always threatened on every offences crime althought criticized  various circles due to ineffectiveness realize the purpose of punisment, namely the social defence and fostering offender. This led to the emergence of anternatives on imprisonment in the hope purpose of punishment can be realized. The Tokyo Rules is set to 14 Desember 1990 recommending the counties in the world in order to enter the alternatives of imprisonment in a code penal include a community service order and restitution. A community service order is intended to make offenders be chastened and shammed so as not to repeat the crime (offender oriented), while restitution in the form of payments for losses incurred due to the act the offender to the victim, as an expression of remorse is expected to eliminate the conflict between the offender and the victim (victim oriented). Thus, the purposee of punishment is expected to be realized.
ISLAMIC PERSPECTIVE ON MARITAL RAPE Muhammad Endriyo Susila
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.v20i2.271

Abstract

Marital rape has become a controversial issue in many countries including Indonesia. For the majority of the Indonesian people, it is impossible for rape to take place inside the marriage institution, however some other peoples believe that it possibly occurs. Since it is considered as a kind of rape anyway, those who agree with that concept, insist on the government of Indonesia to qualify marital rape as an offence. This is sounded usually by the human rights activists, especially the feminists. This research is aimed to elaborate the legal position of what so-call marital rape in Islam. As a country whose population is majority Muslim, it can be understood that the development of the Indonesian law is influenced by the Islamic values. This research provide an important reference to deal with the issue of the criminalization of marital rape in Indonesia.Since the research focuses more on the study of legal materials from various sources, it is qualified as a normative legal research. To support the collection of data, interview upon the competent legal experts has also been exercised. The standard of qualification of the legal experts involving in the interview are those who are interested in Islamic Law, especially Islamic Family law as well as Islamic Criminal Law.    Based on the research finding, it is found that the type of the relationship between husband and wife as suggested in Islamic teaching naturaly prevents the what so-call marital rape to occur. It is difficult to imagine the existence of marital rape inside the Muslim familes, since the husband is bound with the obligation to treat her wife well (mu’asyarah bil ma’ruf). In sexual matter, the doctrine of mu’asyarah bil ma’ruf can be applied by respecting the need and the willingness of the wife in sexual matter. Meaning to say, the husband is obliged to fulfill his wife sexual desire in one side, and in the other side he is not allowed to force her wife for sex when she is unwilling. It is better for the husband to sacrifice him self (to be patient) rather than sacrificing his wife. A good husband must be wise in choosing the better choice relating to the above issue. A good husband must be patient (shabr) for not saying that who is not patient is not a good husband.Keywords: Marriage, Rape, and Marital Rape
Konsep Judicial Pardon (Pemaafan Hakim) dalam Masyarakat Adat di Indonesia Mufatikhatul - Farikhah
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.2018.0104.81-92

Abstract

ABSTRACTRenewal of the criminal law puts a new conception of Judicial Pardon in the formulation of Article 56 paragraph (2) of the draft of the Criminal Code concept of 2016. The author is believed the existence of the concept in indigenous Indonesian society, so that it can find the best concept is characterized by Indonesia. The article is based on the results of normative legal research with the method of conceptual approach and statue Approach. The concept of Judicial Pardon has appeared in various forms of implementation within the Indonesian Community, including in Indigenous Batak Karo, Lampung Menggala, Minangkabau, Java and Aceh. The concept of forgiveness that exists within indigenous peoples requires the forgiveness of the victim, and does not necessarily eliminate the criminal. There are sanctions provided but the sanctions are not only for the interests of the victim and the perpetrator but also to restore the balance that has been damaged by the crime. The sanctions in the form of indemnification or other forms agreed by the parties including the public, through a peaceful resolution mechanism without involving the Court
PENEGAKAN HUKUM PIDANA ISLAM (JINAYAH) DI PROVINSI NANGGROE ACEH DARUSSALAM Surbakti, Natangsa
Jurnal Media Hukum Vol 17, No 2 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i2.377

Abstract

The research aims at examining the characteristics of Islamic criminal law enforcement, co-existence of Islamic justice system (sharia law) and criminal justice system, and the factors inhibiting law enforcement in the Nanggroe Aceh Darussalam (NAD) province. The method employed in this research is normative empirical using qualitative data analysis technique. The result of the research shows that certain types of crime that become the competence of the Islamic judicial is based on provincial regulations called Qanun; therefore, the criminalization that occurs do not reduce the jurisdiction of civil court. Moreover, the result of the research also shows that the various factors which theoretically are known as factors supporting law enforcement are not working properly.Key words: law enforcement, Islamic criminal law, Qanun, Islamic justice system
Juridical and Philosophical Aspects of Joint Land (Gandhok/Gamblok) Ownership System: Adat Land Law Perspective Sulastriyono, Sulastriyono
Jurnal Media Hukum Vol 26, No 1, June 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190120

Abstract

Joint land ownership has been in existence for long time in Indonesia, especially in Java. Such a unique ownership system has inherent problem, namely potential conflict among the factual owners. This article aims to analyze the philosophical background of joint land ownership and its legal problems. This normative legal research was conducted through library-based study. It is found that there are three contributing factors that created the joint land ownership system. These include historical factors, philosophical factors, and the change of land economic value. In the past, joint land ownership system was introduced by the head village (bekel) to alleviate the burden of the tax payment. The philosophy of joint land ownership system refers to the philosophy of farmer life that can be identified from several values such as mutual trust and honesty in the spirit of kinship/togetherness.
OTONOMI KHUSUS DAERAH PERBATASAN, ALTERNATIF SOLUSI PENYELESAIAN MASALAH PERBATASAN DI INDONESIA Permatasari, Ane
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v21i2.1189

Abstract

Border dispute of Indonesia is not a new thing. Since Indonesia got its sovereignty, border had been becoming an unsolved problem until now. A problem that frequently happens is bordered disputes with neighboring countries that have a direct border with Indonesia either land or water borders. In addition, the Indonesian government should pay more attention to problems related to the welfare of people who live in the border. Development and facilities such as education, health, transportation, information and so on should be adequate. The Indonesian government should pay more attention to the needs of people in border areas, therefore they are not segregated from the external world. In accordance with that perspective, this paper would like to identify how the special autonomy of border areas could become the alternative solution to settle disputes in border areas. Generally, poverty and backwardness of people in border areas are the lack of their social and economic accessibility. Border areas have an important function since the complexity of problem that being faced. Border areas should be treated as a front yard, not the back yard of Republic of Indonesia. The treatment for border areas should be differentiated in accordance with the situation and condition of those areas. Therefore, metric decentralization should become the mindset of policy-making related to the relationship between the center and the region, especially related to the border areas and that is not reactive because of the demand of the region. Special autonomy in border areas is an option solution which is worth to be considered, to solve the complex problems in the border areas.
Village Sovereignty in Dispute Resolution after Law No 6 of 2014 concerning Village Isdiyanto, Ilham Yuli
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.20190136

Abstract

The research was conducted in order to strengthen the position of the village as a form of social control institution in solving problems that is present in the village setting which began to disappear since the independence era. A descriptive-qualitative approach with a historical-normative method is used to find the concept of the village sovereignty, obtained from studies of primary and secondary legal data. The research aims to get a historical picture as a conceptual reflection and judicial basis for developing and legitimizing the village as the place for resolving disputes among the populace. Since the monarchy until the colonial era, the village was given the authority to solve the problems of its people independently, this authority is severed after entering the independence era. The government finally began to realize the importance of village as autonomous and independent through Law No. 6 of 2014 concerning Villages and strengthened by Supreme Court Regulation; PERMA No. 1 of 2016 concerning the Mediation Process in the Court. Through the Regulation, the village head now has the authority to resolve the problems among its populace and create agreements regarding it. Hence, support from the government is needed to the respective village heads and the chosen delegates through regulation and mediation training
PERLINDUNGAN HUKUM BAGI KREDITOR DALAM PENGGUNAAN BASE TRANSCEIFER STATION (BTS) SEBAGAI OBJEK JAMINAN FIDUSIA DALAM PERJANJIAN KREDIT Malikhatun Badriyah, Siti
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0056.205-217

Abstract

The development of telecommunications business major effect on development. However, this requires a relatively large funds , so that the telecommunications service provider is in need of funds from the bank to the credit agreement . Bank has a big risk in lending this , so we need guarantees, one of which fiduciary guarantee with objects Base Transceiver Station . The purpose of this study was to determine and analyze the use of Base Transceiver Station in the credit agreement and what if the debtor defaults. The research  method is a normative juridical. From the results it can be seen that the Base Transceiver Station ( BTS ) is a moving object that can be the object of fiduciary guarantee . If the debtor defaults , BTS can be executed in accordance with the stipulated in Fiduciary Guarantee Act.
The Position of Amicus Curiae under the Indonesian Law of Evidence Fadil Aulia; Muchlas Rastra Samara Muksin
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.20201152

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.

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