Jurnal Media Hukum
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.
Articles
518 Documents
<![CDATA[Peluang Titik Berat Otonomi Pada Daerah Provinsi dalam Sistem Ketatanegaraan Republik Indonesia ]]>
<![CDATA[Fauzan, Muhammad]]>
<![CDATA[ Jurnal Media Hukum Vol 23, No 1 (2016): June ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/jmh.2015.0064.1-19
<![CDATA[This research entitled: Study Focus of Provincial Autonomy In the constitutional system of the Republic of Indonesia. The result of the research can be concluded that the First, the 1945 Constitution does not give a clear regulation about the options in the unit of local authority where the policy emphasis autonomy placed. The Second, in the history of the accomplishment regional administration, the policy emphasis on the autonomy at the regional Level II/regency/City normatively used to be implemented at the time of the validity of Law Number. 5 of 1974 and Law Number. 22 of 2004. The third, in the normative perspective chances of emphasis on provincial autonomy in the future is very open, it is because at the Article 18 of the 1945 amendments to the results of an open policy (open legal policy) about regional autonomy and regional autonomy center of gravity. In these provisions, do not regulate in which the emphasis regional autonomy placed. Thus the focus wisdom of regional autonomy is highly dependent on the political will of the legislators with regard to the situation of country, such as politics, security, economy and society when the law was made and the policy of the center gravity of regional autonomy in the Provincial or the Regency/City is not contradictory with the Constitution of Republic of Indonesia Year 1945.]]>
<![CDATA[REKONSTRUKSI KEDUDUKAN DPD DAN DPR MENUJU BIKAMERAL YANG SETARA ]]>
<![CDATA[Sulardi, Sulardi]]>
<![CDATA[ Jurnal Media Hukum Vol 19, No 1 (2012) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/jmh.v19i1.1983
<![CDATA[As a state institution that was born from the amendment of the Constitution 1945, Regional Representative Council (hereafter: Council) has authority and supervision functions of such legislation in general. There are two important issues related to the council. First, the Council has the authority and supervision functions which are stated in constitution. Second, the Council has an equal position with the Parliament. By looking at the role of the Council and the Parliament stated in constitution, it can be seen that the Council is merely a complimentary institution. On the other hand, the institution which has the real legislation, supervision and budgeting functions is the Parliament. The provision contained in the constitution indicates inequality and imbalance between the Council and the Parliament, it does not mean that the Council has no role in the process of state. The Council should continue to run its legislation, supervision and budgeting functions optimally. Futhermore the Council should establish optimal relation with local communities. In this case, the Council is more flexible since its presence does not represent any political parties. Therefore the Council may have “public hearing†with various groups in society.]]>
<![CDATA[STATE OBLIGATION ON VIRUS SAMPLE SHARING;FROM COMMON HERITAGE OF MANKIND TO STATE’S SOVEREIGN RIGHT ]]>
<![CDATA[Barizah, Nurul]]>
<![CDATA[ Jurnal Media Hukum Vol 20, No 2 (2013) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/jmh.v20i2.263
<![CDATA[The tradition of free international exchange of viruses have been developed by the World Health Organization (WHO) probably based on the principle of “Common Heritage of Mankindâ€.  This tradition lead to legal uncertainty and unfairness in the movement of resources among states and provides an opportunity for developed countries to obtain easy access to viruses of developing countries. Then, International Law has introduced a new regime of “State’s Sovereign Right.†This research focuses on whether Member States have an obligation to share pathogen materials, including viruses for preventing global public health emergency, and whether WHO Collaborating Centers has a right to  share viruses to private sectors. It examines the reason why States should apply that principle. This research is normative legal research by using conceptual approach and  statute approach. This research finds that viruses are part of genetic resources under the meaning of CBD Convention. Accordingly, there is no state obligation under International Law to share it. However, if there is an international human rights obligation to share virus, there should also be an international human rights obligation to assure the access of affordability of drugs and vaccines. Thus, each state will have an equal obligation to enhance the global public health.Key Words : Intellectual Property, Virus Sample Sharing, Common Heritage of Mankind, and State’s Sovereign Right]]>
<![CDATA[PERJANJIAN PENGADAAN TANAH KAS DESA SEBAGAI LAHAN KAWASAN INDUSTRI DI DAERAH ISTIMEWA YOGYAKARTA ]]>
<![CDATA[Anggriani, Reni]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/jmh.2017.0093.172-180
<![CDATA[Special Region of Yogyakarta wants to increase the investment, there are some method that is quite effective in investor, one of them is by developing industrial area. Government Regulation Number 24 of 2009 concerning on Industrial Area explained that industrial area is where the central of Industrial activity that equipped with facilities and infrastructures supported and managed by industrial estate Company which already have Industrial Business License. With that fact, the researcher interest to research on industrial area. Most of the land in Yogyakarta is Sultan Ground and land of village cash, so to organize the investment program, a model of agreement is needed that can guarantee the parties in developing the investment, especially in the Special Region of Yogyakarta. The Methods of this research is literature Legal approach that examines legal materials and other legal materials, with the aim of the existence of guidelines or regulations concerning the procurement of land for industrial area which is Sultan Ground or land of village cash.]]>
<![CDATA[REGULATING FIRMS’ BEHAVIOR IN THE MARKET UNDER THE COMPETITION LAW: ISSUES AND CHALLENGES ]]>
<![CDATA[Abdul Rahman, Nasarudin]]>;
<![CDATA[Ahamat, Haniff]]>;
<![CDATA[Khan, Mushera Ambaras]]>
<![CDATA[ Jurnal Media Hukum Vol 20, No 2 (2013) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/jmh.v20i2.274
<![CDATA[The objective of competition law is to protect the process of rivalry between firms in the market. It prohibits any anti-competitive behaviors such as cartel and abuse of dominant position. However, in practice regulating firms’ behaviors in the market is not an easy task. It requires both legal and economic analysis to determine whether a firm is occupying a dominant position and whether the conduct is abusive. This paper seeks to identify the important provisions of “anti-competitive agreements†and “abuse of dominant position†under the Malaysian Competition Act 2010. It is observed that competition law across the counties have been heavily influenced by the UK and EU competition law. Despite the similar concepts applied across the jurisdictions, in practice the implementation differs. This paper seeks to explore the benefits of adopting foreign concepts on competition law and how the rules will be implemented especially in response to the different political, economic and social environment. This paper will also include the approach taken by Indonesia with regard to implementation of foreign ideas on competition law to suit the local need.]]>
<![CDATA[KAJIAN TERHADAP AKAD MURABAHAH DENGAN KUASA MEMBELI DALAM PRAKTEK BANK SYARIAH ]]>
<![CDATA[Wahyu Muhammad, Danang]]>;
<![CDATA[Vivin Setyoningsih, Erika]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 1, June 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/jmh.2018.0105.93-101
<![CDATA[Murabahah is a buying and selling contract between two parties in which the first party, the seller (bai’) has an obligation to sell goods needed by customers. The second party is the buyer (musytari). This party is obliged to pay the goods purchased. In murabahah, the first party or the seller (bai’) informs the customers about the cost of goods sold along with the agreed profit. Murabahah is commonly used in Islamic bank financing practices especially murabahah with buying authority. In this practice, akad (contract) murabahah and authorization contract are merged in one contract. This means that the seller will automatically become the party who gives authorization and the buyer becomes the party who receives authorization. The problem of the research is how the murabahah contract with buying authority is applied in Islamic bank financing which accords with Islamic principles. The type of the research is juridical normative by using legal approach. This research used primary, secondary, and tertiary legal materials as the main source. The analysis method used was descriptive method. The research result indicates that the merging of both murabahah contract and buying authority contract are approved to be correct according to Islamic principles. However, it must be conducted carefully since there has to be clear differentiator between when the murabahah contract and when authorization contract take place. Other than that, there has to be clear from several parties between the rights and obligations of the parties involved in murabahah contract and buying authority. In the financing practice with buying authority, banks are the seller when murabahah contract takes place and customers are the buyers. Meanwhile, in buying authority contract, banks are the principals and customers are the agents. Murabahah contract is conducted after buying authority contract takes place.]]>
<![CDATA[PENETAPAN PERWALIAN BAGI ANAK KORBAN TSUNAMI OLEH MAHKAMAH SYAR’IAH KOTA BANDA ACEH ]]>
<![CDATA[Idami, Zahratul]]>
<![CDATA[ Jurnal Media Hukum Vol 17, No 2 (2010) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/jmh.v17i2.378
<![CDATA[Banda Aceh City is in the special condition caused by the tsunami in which some children do not only lose their parents but also siblings, become victims, lose their residence because they were also destroyed by the tsunami, so that they have to live in refugee camps. For these children, guardians are needed to take care of and be responsible for the continuity of the children’s lives in fulfilling their needs. Based on that situation, the problems which arise are, then: How does the implementation of the Custody Establishment for children victims of tsunami by the Sharia Court of Banda Aceh City? What are the obstacles faced in implementing the custody establishment referred to and what are the legal consequences? And what are the efforts made to overcome these obstacles? The data collection in this research is obtained through literature study and field research. The data obtained are analyzed using a qualitative approach and descriptive analysis method. The Custody Establishment is doen through Sharia Court decision based on the petitions which meet the specified requirements. In the implementation of post-tsunami custody establishment, the establishment was decided by a single judge because of the circumstances at the time, but after the situation is better, the judge is, then, the panel of judges. The legal consequences of the establishment are the responsibilities of the guardians to the children and the properties of the children under their custody. The efforts made are settling the custody petition that the court has got using existing facilities, and holding seminars or dialogues that discuss the need for rules regarding the supervision of children and the properties of the children who are under custody.Key words: Sharia Court of Banda Aceh, Victims of Tsunami, Custody Establishment]]>
<![CDATA[Sexual Violence in Indonesia and Malaysia: A Comparative Study ]]>
<![CDATA[Kuswardani, Kuswardani]]>
<![CDATA[ Jurnal Media Hukum Vol 26, No 1, June 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/jmh.20190122
<![CDATA[Sexual violence (rape) especially committed by boyfriend has been growing rapidly these days. However, the Penal Code cannot be dealt with this issue. In such a case, the sexual intercourse is usually conducted without violence or under threat of violence, but rather based on consent (love). Penal reform should address this issue to accord with the current global development. This paper describes the comparison between the Indonesian Penal Code and the Malaysian Penal Code in regulating rape. The result shows that the formulation of rape in Malaysian Penal Code is broader than its Indonesian counterpart. Under the Malaysian Penal Code, rape is punishable whether it is conducted with or without consent. It seems that the penal reform in Indonesia should adopt the Malaysian approach in order to provide better protection for women from sexual violence. This is also in line with the Beijing Declaration 1993 and the development of the issues in other countries. ]]>
<![CDATA[DAMPAK PEMILIHAN UMUM SERENTAK BAGI PEMBANGUNAN DEMOKRASI INDONESIA ]]>
<![CDATA[Prasetyoningsih, Nanik]]>
<![CDATA[ Jurnal Media Hukum Vol 21, No 2 (2014) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/jmh.v21i2.1190
<![CDATA[Elections are a democratic mechanism to elect person who will represent the people and lead the government. Since 1955; Indonesia has been held 11 general elections. According to the Article 1 (3) 1945 Constitution, which mentioned the principle of popular sovereignty; it means that people hold the highest authority should be given the opportunity to determine the power. The aim of this study was to analysis of the effect of electoral systems for developing Indonesia’s democracy. Talking on democratic government its always related with the degree of legitimation, means that the government should have the legitimation from the people trough the general election. The type of research is a legal research with normative point of view. The approach of the research are statue and conceptual approach. The main data of this research is a secondary data, which consist of a primary legal material and secondary legal material. In 2014, Indonesia hosted the general election to elect the parliament members and President which held in the different day. A month before general election done, the Constitutional Court announced the judicial review verdict of Law Number 42 Year 2008. Constitutional Court decided the legislative elections and the election of the president and vice president were held simultaneously. Decision of constitutional court Number 14/PUUXI/2013 has legal implication on general election of 2014 and also general election of 2019. From the very beginning the new law was endorsed, the General Election Commission have made all preparations to organize simultaneous elections in Indonesia. The goal is mainly to reduce costs. Indonesian democracy has long been perceived as being too costly. The quality of democracy depends on the fairness of general election not the cost. Everybody get their rights properly and savely. This is important to ensure justice while at the same time avoiding possible conflict.]]>
<![CDATA[The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice ]]>
<![CDATA[Ikhwansyah, Isis]]>;
<![CDATA[Sidabutar, Lambok Marisi Jakobus]]>
<![CDATA[ Jurnal Media Hukum Vol 26, No 2, December 2019 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/jmh.20190137
<![CDATA[Bankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (SDPO). This article aims to analyze the basis of justice related to the bankruptcy of the debtor and the implementation of the bankruptcy test in relation to the request for bankruptcy submitted to the debtor. This study is a normative juridical research method that uses descriptive-analytic research. This study also uses library research to collect data and analyzes data with qualitative juridical methods. The results show that the debtor's bankruptcy application did not apply the Bankruptcy test. It is believed that insolvency test on the debtor's bankruptcy petition is as a manifestation of the principle of justice that is in accordance with Pancasila by providing balanced protection among creditors, debtors and other stakeholders.]]>
