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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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TANGGUNG JAWAB PIDANA NOTARIS DALAM KEDUDUKANNYA SEBAGAI PEJABAT PEMBUAT AKTA Amiruddin, Amiruddin
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.2015.0055.190-204

Abstract

Notary is a profession which honors moral values so that every act violating the law conducted by the notaries in performing their duty must be legally liable. In serving their function, it is possible for them to make various kinds of mistake such as administrative error which results in administrative liability, civil fault which causes civil liability, and criminal defect which begets criminal liability. The criminal liability of the notary is based on the criminal law principle geen straf zonder schuld (there is no convict without any offense). If the notaries commit an act against the law and they are able to be responsible for it, either it is done intentionally or unintentionally, they have to receive the legal consequence without any mercy. Therefore, the parameters of the criminal liability are the act against the law and the offense. Those make it possible for the notaries to be condemned. 
Corruption of the Local Leaders in Indonesia: An Expository Study Sadhono Hadi; Achmad Nurmandi; Trisno Rahardjo; Ulung Pribadi
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.20200155

Abstract

Corruption in Indonesia takes various forms and involves various parties including the local leaders. The aim of this study is to analyze various forms of bribery involving the heads of regencies/Mayors. This study employs qualitative method and focuses on corruption cases in four regencies namely Bangkalan, Karawang, Tegal and Madiun. The research is supported by the Nvivo12 software package that enable researcher to categorize and homogeneous the enormous data. The study found that there are various types of bribery committed by the heads of regencies that include either direct bribery, levies, forced bribery (extortion), or tribute. The type of bribery depends on the specific conditions of each area. The types of corruptions can also be distinguished into hidden and open corruption. Open corruption refers to corruption that involves local governmental units.
COMBATING PIRACY: THE INDONESIAN CASE Kamil Ariadno, Melda
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.v20i1.1410

Abstract

Piracy at sea has been a threat to international navigation ever since the sea traverse by ships from west to east and north to south. Threat to international trade has resulted to various efforts in combating piracy regionally as well as internationally. International law has differentiated between piracy and sea-armed robbery, while the first requires regional or international cooperation due to universal jurisdiction, the second will directly fall under the jurisdiction of coastal state. Strait of Malacca has been used by international navigation and very fragile to the threat of piracy or even appropriately called as sea armed robbery since most of the time happened in the part of Indonesian territorial sea. Various efforts to combat piracy have been carried out by Indonesia including to cooperate with Malaysia and Singapore. This article discuss about piracy at sea, its legal definition and effort to combat piracy.
PENCEGAHAN TERSANGKA KE LUAR NEGERI OLEH KPK DALAM SISTEM PERADILAN PIDANA INDONESIA Nur, Muhammad
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.v19i1.1976

Abstract

One of means to eradicate corruption is preventing corruptors to go abroad. Prevention is basically an instrumentof limiting of indivudual rights and therefore it is considered againts human rights. However, prevention conduetedby the corruption Eradication Commision on the corruptors is not considered as againts human rights since it ispart of restriction on human rights in the light of law enforcement. It does not also violate the presumption ofinnocence as part of criminal procedure. the authority of the Corruption Eradiction Commission is legitimateand in accordance with legal principle that state may have right to restrain the rights of citizens for the sake ofstate interests and society.
Hubungan Antara Pusat dan Daerah Dalam Negara Kesatuan Republik Indonesia Berdasarkan Undang-Undang Nomor 23 Tahun 2014 Septi Nur Wijayanti
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.2016.0079.186-199

Abstract

Undang-undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah yang diundangkan pada tanggal 2 Oktober 2014 merubah wajah hubungan Pemerintah Pusat dan Pemerintah Daerah. Secara hukum maka Undang-undang  nomor 32 tahun 2004 dinyatakan sudah tidak berlaku lagi, dan dalam masa 2 (dua) tahun kedepan seluruh perubahan dan peraturan pelaksanaan  yang diatur dalam Undang-Undang nomor 23 tahun 2014 harus ditetapkan. Otonomi daerah yang dijalankan selama ini semata-mata hanya dipahami sebagai perpindahan kewajiban pemerintah pusat kepada pemerintah daerah untuk masyarakat. Padahal substansi penting dari otonomi daerah adalah pelimpahan kewenangan dari pusat ke daerah secara politik dan ekonomi agar pembangunan dan pertumbuhan ekonomi berlangsung secara adil dan merata di daerah. Makalah ini membahas tentang  konsep otonomi daerah dalam kerangka Negara Kesatuan Republik Indonesia  yang ditekankan lebih tajam dalam Undang-Undang nomor 23 tahun 2014. Perubahan yang mendasar lain yang tidak ada dalam Undang-Undang nomor 32 tahun 2004 ialah ditetapkannya Urusan Wajib Daerah, dan pola hubungan Urusan Konkuren antara Pemerintah Pusat, Provinsi dan Kabupaten/ Kota yang langsung dimasukkan dalam Lampiran Undang-Undang nomor 23 tahun 2014 bahwa klasifikasi urusan Pemerintahan terdiri atas urusan pemerintahan absolut, urusan pemerintahan konkuren, dan urusan pemerintahan umum
The Charging of Administrative Fee for Customers of Mudharabah Saving Depositors Muhammad, Danang Wahyu; Mustika, Mega
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.20190126

Abstract

One of the saving products in Islamic banks is mudharabah. In the practice of mudharabah saving, there are Islamic banks charge an administrative fee and some do not. The research aims to clarify the fiqh basis of the charge of administrative fees to Shahibul Maal by mudharib in mudharabah saving. This normative research used secondary data consisting of primary, secondary, and tertiary legal materials. It is found that the charge of administrative fee by mudharib to Shahibul Maal on mudharabah saving does not have a clear foundation in fiqh. Based on the Fatwa of the National Sharia Board (DSN), the operational cost of mudharabah savings is the responsibility of the Mudharib and not the Shahibul Maal, since the Shahibul Maal has provided the fund. Mudharib can charge for the operational cost only if there is an agreement with the Shahibul Maal.          
ISLAMIC CRIMINAL LAW AS A BRIDGE OF CONTENTION BETWEEN PUBLIC AND INDIVIDUAL INTEREST WITHIN RESTORATIVE JUSTICE Fathurokhmandan, Ferry; Fauzi, Ahmad
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.2015.0046.36-56

Abstract

Restorative justice has been developing broadly in many countries as a new paradigm in the criminal law field.  Following the necessity and global trend, Indonesia has made an effort to replace the current Juvenile Court Act (JCA) with the new one, called Juvenile Criminal Justice System Act (JCJSA), which utilizes diversion as a restorative justice program for juvenile delinquent which took into effect since July 2014. As a new paradigm, restorative justice has been criticized sporadically. One of the critics is how to balance public interest and individual interest when they are in conflict regarding the restorative justice settlement that reached by the victim and offender. The contention between the proponent and opponent of the restorative justice movement on this issue is remains unsolved up to present. This issue is also possible may be arise when the Indonesian government enforces JCJSA. As a Muslim-majority country, Indonesia has an opportunity to resolve the contention by offering Islamic Criminal Law (jinayat) as an approach method since restorative justice values exist also in Islamic criminal law. There are at least two notions why Islamic criminal law could relax the contention. Firstly, historically Islamic law ever existed in Indonesia. Secondly, restorative justice values exist in Islamic Criminal Law. This paper will try to portray restorative justice in Islamic criminal law point of view in order to mollify the contention.
Policies on Regulatory Reform in Indonesia: Some Proposals Chandranegara, Ibnu Sina; Ali, Muhammad
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.20200142

Abstract

After the reformation, the number of laws and regulations has continued to increase. In the period 2000-2017, there were 35,901 regulations have been issued. The highest number is Regional Regulations, which are as many as 14,225 Regional Regulations, followed by a Ministerial Regulation at 11,873. In the third place, there were 3,163 regulations from non-ministerial institutions. This study has main objectives of finding policy choices in an effort to simplify and identify regulations as an agenda for legal reform. This research is a normative juridical research. The data used are secondary data, which includes primary and secondary legal materials, in the form of relevant legislation, as examples of regulations that are out of sync, incoherent, and potentially overlapping. This study concluded that the regulatory reform agenda can be carried out by three means, i.e. (1) Regulatory simplification (2) Reconceptualization of understanding regulatory needs and (3) synergies between regulators. There must be also some reformation between actual practice and long term frameworks on regulation making process and regulation itself. That is because effective regulation is not just predicated on technical information-capturing capabilities (and the experience) of the regulator.
Perjanjian Kerjasama Jasa Operator Yang Aman Dan Menjamin Kepastian Hukum Di Bidang Transportasi Anggriani, Reni
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.2015.0062.294-308

Abstract

A success in the business world could be seen one from the absence of problems nor disputes among the business people.The interests of investors either business people in conducting business transaction caused by the availability of a certainty within the business itself. The investor or business people would be interested to conduct a business or transaction with the result that there are teasing and ensure legal certainty in the position of conducting business or cooperation in these efforts. Perhaps even legal certainty is a major factor which is very important for them to conduct business, especially a business or partnership that has a very large nominal value, including the cooperation in transportation sector, especially the service provider. Legal certainty is a major factor to gain the trust and convince the investors to do a partnership in conducting business transactions. One of kinds of legal certaintycould be stated in a written agreement in which regulates everything that had been agreed upon by the parties who enter into agreement. The cooperation of operator services in transportation sector actually has usually conducted even though several of them conducted without a clear agreement between the rights and obligations of the parties, that when there is damage to the armadas for example if it is not agreed in advance, the parties who will bear the cost of the damage that will refuse the responsibility.Likewise, the method of payment to be clear on how and what if there is a delay or no increase in the price of fuel the vehicle or if there is inflation is going to affect the implementation of on going cooperation agreement. Moreover if all that does not set out clearly and firmly  will lead to problems that will result in performance.
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.

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