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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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BURMA’S ROHINGYA CASE IN INTERNATIONAL LAW PERSPECTIVE Gunawan, Yordan; Priambodo, Gatot
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.v20i1.1411

Abstract

Nowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn’t recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar’s government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1) Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issu that applicable to the Rohingyas case.Keywords:
PENGAWASAN DAN PEMBINAAN MAHKAMAH AGUNG TERHADAP PENGADILAN DI BAWAHNYA Fadlil Sumadi, Ahmad
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i1.1977

Abstract

The independence and impartiality of the judicial authority, in the history of its incorporation into norms, had undergone some improvements and impediments along with the changes in the 1945 Constitution of the Republic of Indonesia, which was subsequently followed by amandment in the judicial power. In general, the changes were intended as an effort to reinforce the implementation of the judicial power. The research aimed at studying the design of the regulation concerning the supervision and guidance by the Supreme Court to the lower courts from the perspective of the principles of democracy. The supervision and guidance in the respect were limited to those within the functions and organization of human resource management. The study is a normative legal one using doctrinal method to analyze the laws constructed by the legislative power and thus is apart from the constitutional and political choices at that time. The research had found several designs of laws in the court supervision and guidance. Constitutionally, it had been determined that the Supreme Court should perform the internal supervision while the Judicial Commision, perform the external one. In addition, the law had determined that the supervision should not reduce the independence and impartiality of the judge. Together, the Supreme Court and the Judicial Commision composed the Code of Ethics and Code of Conduct as tools of measurement.
REVITALISASI PRINSIP PEMBEDAAN (DISTINCTION PRINCIPLE) SEBAGAI UPAYA PERLINDUNGAN KORBAN KONFLIK DALAM KONFLIK BERSENJATA MODERN Danial, Danial
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.2016.0080.200-208

Abstract

Studi ini dimaksudkan untuk mengkaji revitalisasi prinsip pembedaan dalam hukum humaniter internasional agar dapat memberikan perlindungan efektif terhadap kombatan dan penduduk sipil dalam konflik bersenjata modern. Penelitian ini menggunakan metode yuridis normatif,dengan pendekatan asas-asas hukum dan sejarah hukum. Penelitian ini bersifat deskriptif analitis, yaitu menganalisis identifikasi masalah berdasarkan data sekunder berupa bahan hukum primer, bahan hukum sekunder dan bahan hukum tertier yang kemudian dianalisis secara yuridis kualitatif. Studi ini mengkaji revitalisasi revitalisasi konsep prinsip pembedaan hukum humaniter internasional dapat memberikan perlindungan efektif terhadap kombatan dan penduduk sipil jika pihak yang bersengketa menghormati prinsip pembedaan, prinsip proporsionaltas dan prinsip kemanusiaan dalam konflik bersenjata secara bersamaan. Selain itu, pembaharuan terhadap Hukum Humaniter Internasional dalam upaya perlindungan korban konflik bersenjata perlu di lakukan karena pada tataran konsep dan implementasi kurang memberikan perlindungan efektif terhadap kombatan dan penduduk sipil dalam konflik bersenjata modern. Hal tersebut karena dipengaruhi perkembangan bentuk konflik, yang tadinya hanya konflik bersenjata internasional kemudian muncul konflik bersenjata non internasional; adanya perbedaan norma antara Protokol Tambahan I dan II tahun 1977; dan adanya perbedaan penafsiran terhadap objek; serta Sulitnya membedakan antara kombatan dan non kombatan dalam perang modern saat ini.
ASPEK HUKUM PENGADAAN BARANG DAN JASA PEMERINTAH, SUATU TINJAUAN YURIDIS PERATURAN PENGADAAN BARANG DAN JASA PEMERINTAH Musa Darwin Pane
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.2017.0090.147-155

Abstract

Procurement of goods and services for the benefit of the government is one tool to drive the wheels of the economy, in order to improve the national economy to the welfare of Indonesian life, for the procurement of goods and services, especially in the public sector is closely linked to the use of the state budget. Through normative juridical research, this study found the legal aspects of government procurement of goods and services, especially in terms of a review of the juridical rules of government procurement. Arrangements regarding the procedures for the procurement of government goods and services in Presidential Decree No. 54 Year 2010 jouncto Presidential Decree No. 70 The year 2012 is expected to increase conducive investment climate, efficiency of public spending, and accelerating the implementation of APBN/APBD. Government procurement of goods and services currently on aspects of administrative law, civil law and criminal law. In the procurement of goods and services should apply the general principles, good principles that have long been known in state financial management, such as the principle annual, the principle of universality, the principle of unity, and the principle of specialty as well as the principles of the new as reflecting best practices (application of the rules good) in the management of state finances.
PENEGAKAN HUKUM PENANGANAN GELANDANGAN DAN PENGEMIS MENURUT UNDANG-UNDANG DASAR 1945 DAN HUKUM PIDANA Yusrizal Yusrizal
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.v19i2.109

Abstract

The criminal law enforcement in handling the vagabonds and the beggars should be in harmony with the higher regulations and with the values of the living law. Moreover, the implementation of article 34 of the 1945 Constitution and the policy if the legal provisions in the law abiding in the society, such as the law of the national social security system and the law of people’s prosperity which can contribute to the abolishment of poverty. The result of the research showed that the functionalization of the criminal law (law enforcement) against the vagabonds and the beggars was not maximal enough because the process of putting the criminal law in to operation was directed to punishment and not to development. Hierarchically, article 504 and article 505 KUHP are not restricted and efficient use of its implementations because they are not contrary with the high regulation. In principle, the vagabonds and the beggars do not violate the law; it can be said that and action cannot be categorized as illegal if there is no illegal intention so that it is true when the action is de-discrimination because no one complains because of their action.Key words: Law Enforcement, Vagabonds, Beggars, 1945 Constitution, Criminal Code
THE MADRID PROTOCOL: MEWUJUDKAN PERLINDUNGAN HUKUM YANG EFEKTIF BAGI MEREK TERKENAL DI ASEAN Rohaini Rohaini
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.2018.0103.68-80

Abstract

Intellectual Property Rights protection system is territorial. Registration and law enforcement must be done separately in each relevant jurisdiction. In the brand regime, this system is often a challenge for brand law enforcement. In practice, a brand with a well-known trademark often used without permission even registered by an unauthorized party only because the trademark is not registered in that country. Even this condition occurs in the ASEAN region. Take Vietnam, for example, in Vietnam it would be very easy to find the use of famous brands without permission by certain parties very freely because the trademark was not registered in Vietnam. The Madrid Protocol, which is a refinement of the Madrid Agreement, since its inception in 1989 is an alternative in building an international registration system. This system offers convenience for brand owners to get protection for their brands worldwide (Protocol member countries) with only one application and one procedure through WIPO International Berau to proceed to destination countries
UPAYA PENANGULANGAN KEJAHATAN TERORISME YANG BERKARAKTERISTIK HAK ASASI MANUSIA DI INDONESIA Ridwan Ridwan
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.v17i1.376

Abstract

Indonesia is the country founded on law and not only power. Hence, the tackling of terrorism as a criminal offense must also be founded on law, respect and protection of human rights of the suspect, defendant, and convict. Human rights are guaranteed by the positive law in Indonesia. The party alleged as the terrorist can be arrested for two years without a trial, is not in accordance with the law founded on Pancasila which requires a guarantee for a just and civilized humanity to create justice for all Indonesian people based on the supreme of law.  Any violation of law by anyone including the law enforcer cannot be justified.  Consequently, a criminal policy is necessary by using penal and non-penal tools so that the law can be enforced effectively without endangering the value of legal basis in the forms of legal certainty, justice, and expediency. The law enforcement must also be accompanied by faith to avoid violation of law. Thus, the tackling of crime related to terrorism really characterizes human rights enforcement founded on the value of legal basis.
The Institutionalization of Community Mediation for Resolving Merarik Marriage Disputes in Sasak Community Hilman Syahrial Haq; Nasri Nasri; Khudzaifah Dimyati; Absori Absori
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.20190118

Abstract

Mediation is applicable for various disputes within the society, including family dispute. Such a method is commonly referred to as community mediation. This paper discusses the application of community mediation for resolving merarik marriage dispute in Sasak Community, Lombok. This socio-legal research conducted through both library-based study and field work. Interview and non-participatory observation have been conducted in several locations including Sesait Village, Mambalan Village and Rambitan Village. It is found that community mediation should be institutionalized in order to improve its effectiveness. The institutionalization of community mediation can be made by integrating it into the national justice system. It is expected that community mediation can be an alternative mechanism to the court system especially in handling merarik marriage disputes.
PENYELESAIAN KONFLIK PENGELOLAAN SUMBER DAYA ALAM BERBASIS PRANATA ADAT Sulastriyono Sulastriyono
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.v21i2.1188

Abstract

Conflict resolution of natural resources management is considered to be based on adat institutions when a conflict is resolved by adat law justice system in an adat forum by applying adat norms. Government, adat law community, and the private sector parties must be serious in empowering adat institutions. The seriousness of the government towards the recognition of adat intitution is outlined in the legislation. The seriousness of the adat law community is shown by receiving critically and carefully various new values that are good for strengthening the social life of the next community. The position and status of members of adat law communities are not only as a passive recipient of the local culture, but also as an actor, creator, and innovator agents of adat institutions. Members of adat law communities as active subjects carry out innovation and revitalization of adat institutions in order to adjust to the challenges of the times. The seriousness of the private sector is manifested in the willingness form of consultation with members of adat law communities to understand the feelings of the heart and the willingness of members of adat law communities.
Simultaneous Local Election in Indonesia: Is It Really More Effective and Efficient? Nugroho, Rahmat Muhajir; Asmorojati, Anom Wahyu
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.20190135

Abstract

Election system that is not carried out simultaneously, among others, has led to high political costs of local election. One of the objectives of the simultaneous local election design is the budget efficiency of the election implementation. This study aims to evaluate whether the simultaneous local election implementation may create a more effective and efficient local elections in the Special Region of Yogyakarta and South Kalimantan. This research was conducted using a normative juridical approach by analysing the applicable legal regulations, particularly Law Number 8 of 2015. In addition, an empirical juridical approach was used to see the implications of the establishment of Law Number 8 of 2015 on the Local Election. The results of study showed that the simultaneous local elections held in the Special Region of Yogyakarta and South Kalimantan were more effective and efficient in terms of controlling and solving problems, budgeting and time used for the implementation of the local election.

Page 27 of 52 | Total Record : 518

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