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.
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518 Documents
<![CDATA[FUNGSI BHP SEBAGAI WALI PENGAWAS TERHADAP ANAK DI BAWAH PERWALIAN DALAM RANGKA PERLINDUNGAN ANAK (STUDI KASUS DI BHP SEMARANG) ]]>
<![CDATA[Heriyani, Endang]]>;
<![CDATA[Yuniarlin, Prihati]]>
<![CDATA[ Jurnal Media Hukum Vol 22, No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2015.0057.218-231
<![CDATA[According to Article 45 paragraph (1) Regulations No 1 1974 about marriage, both of the parents have obligation to take care and educate their children as well as possible. But in fact, many events can be watched on parents who do not do their duties as parents. Children who are not in the authority of their parents, will be placed under the guardianship. According to Article 306 of the book of the civil law act in guardianship there should be a guardian which is run by the Heritage Hall. The problem rises is the existence of the Heritage Hall as the guardian watch in guardianship that can give protection to the children under the guardianship and how are the efforts to optimize the function of the Heritage Hall as the guardian watch to the children under the guardianship. This research is a normative and an empirical law research. The conclusion of this research is that the guardian's obligations and the obligations of the Heritage Hall as the guardian watch if it is executed to provide protection to the children, both the personality and the treasure. Thus, the position of Heritage Hall as the guardian watch needs to be maintained. The efforts of Heritage Hall to optimize the function of the Heritage Hall as the guardian watch can be reached by the bill of draft legislation about Heritage Hall. By maintaining the provisions of the book of civil law act or S 1872 No 166 on the instruction of Heritage Hall, which are still needed by the Heritage Hall in doing the duties.]]>
<![CDATA[The Undue Influence Doctrine and Its Function in Consumer Financing Cases ]]>
<![CDATA[Azam, Syaiful]]>;
<![CDATA[Mulhadi, Mulhadi]]>;
<![CDATA[Harianto, Dedi]]>
<![CDATA[ Jurnal Media Hukum Volume 27, Number 2, December 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.20200154
<![CDATA[The practice of freedom of contract in Indonesia is remain imbalance due to unequal position of the parties. This imbalance has been used by companies to take advantages and at the same time harm consumers. This study aims to explain the "undue influence" doctrine in legal practice in Indonesia and its function in emphasizing the importance of the consensual principle in contracts. By using normative juridical approach based on secondary legal materials, statutory, and court decisions, and the data were collected through literature study and analyzed qualitatively. The terminology of undue influence or misbruik van omstandigheden in the Indonesian Civil Code obviously has not been regulated but has the same character as the concept of “defect of the will†as regulated in Article 1321 of the Code. The provision of “defect of the will† is an integral part of the consensual principle in Article 1320 of the Code. The function of this doctrine limits the application of the absolute principle of freedom of contract and becomes a source of law for judges in resolving contract disputes in court. In the reform of the national contract law, this doctrine should be considered to be included as an important element to complete main aspects of Article 1321 of the Code.]]>
<![CDATA[THE NATIONAL AND SHARIA ARBITRATIONS: A COMPARATIVE STUDY ]]>
<![CDATA[Fitriyanti, Fadia]]>
<![CDATA[ Jurnal Media Hukum Vol 20, No 1 (2013) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v20i1.1412
<![CDATA[In the business world, of course, many considerations that underlie the business actors to choose arbitration as a dispute resolution efforts for dispute that will or they face. Among the advantages of arbitration over court based on Arbitration Act are the parties can choose the arbitrator. Although in the arbitration the parties can select arbitrators who are experts in their fields, seem the consideration to establish BASYARNAS (The National Sharia Arbitration Board) at first certainly raises the pros and cons. Based on the description of the background of the above problems then the formulation of the problem is how the comparison between national arbitration and sharia arbitration where the discussion focused on Rules and Procedures of BANI (The Indonesia National Board of Arbitration) and BASYARNAS. The substance of similarities between National arbitration and Sharia arbitration in the same way of resolving disputes other than through the courts or alqadla. With regard to the legal basis for the enactment of a national arbitration refers to Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution, while sharia arbitration is not set explicitly in the Law No. 30 of 1999 even in this act there is no article that offends the existence of sharia arbitration.The existence of sharia arbitration is recognized in the elucidation of Article 59 paragraph 1 of Law Number 48 of 2009 concerning the judicial power, which reads referred to arbitration under the provisions of the law including the sharia arbitration.There are some differences between national arbitration and sharia arbitration, the differences are the source of law, the legal principle , the jurisdiction of authority, pre-hearing phase, hearing phase and enforcement of the arbitral award phase.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP PEMBAJAKAN DI LAUT MELALUI YURISDIKSI MAHKAMAH PIDANA INTERNASIONAL ]]>
<![CDATA[Gunawan, Yordan]]>
<![CDATA[ Jurnal Media Hukum Vol 19, No 1 (2012) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v19i1.1978
<![CDATA[The international community, nowadays is facing the most serious problem of the piracy in the sea on a large scale than ever before. Todays piracy is destroying and disturbing the shipping industry worldwide with the modern way. The problem of piracy becomes increase day by day rather than to decrease. It is universally called as hostis humani generis. The piracy today is directed against victims from around the world, creates harms that are felt by the international community, and involves many of the same violation, as like as a murder and hostage-taking, that are used to commit the crimes within the jurisdiction of International Criminal Court (ICC). The main purpose of this paper is to describe the piracy in details which could be seen in some international laws concerning this problem as for UNCLOS 1982 and SUA Convention 1988. This paper also will elaborate how piracy could be called as a crime under international law, as well as the jurisdiction of the ICC. This permanent international judicial body is empowered to prosecute crimes of concern to the international community as a whole, in accordance with the Rome Statute 1998 and ICC is expected to fullfil the impunity as the biggest obstacle for countries to bring the pirates into the justice.]]>
<![CDATA[INKONSISTENSI PUTUSAN MAHKAMAH AGUNG DALAM MEMBATALKAN PUTUSAN ARBITRASE ]]>
<![CDATA[Widowaty, Yeni]]>;
<![CDATA[Fitriyanti, Fadia]]>
<![CDATA[ Jurnal Media Hukum Vol 23, No 2 (2016): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2016.0081.209-217
<![CDATA[This research has 3 aims, the first is to examines the consideration of the Supreme Court in deciding the cancellation of arbitration decision under Article 70 and beyond Article 70 of Arbitration Act, the second is to review and analyze theories used in the consideration of the Supreme Court to cancel the Arbitration Decision. The third is to formulate concept in deciding the cancellation of Arbitration based on the principle of justice. This type of research is normative judicial research. Approach used in this research is case study approach. In more detail of the data obtained, processed and analyzed and presented in descriptive qualitative. The result of the research is divided into several parts, the first shows that according to the consideration of Deision of Supreme Court No.729/K/Pdt.Sus/2008 see Article 70 of the Arbitrase Act is limitative, different with Supreme Court Decision No.03/Arb/BTU of 2005 interpeting Article is enunciatif. The second, the Great Judge who cancel the arbitrase decision according to Article 70 Arbitration Act which is limitative by using Analytical theory. the Great Judge cancel the arbitrase decision refers to reasons beyond Article 70 of Rbitrase Act using Progressive Law theory. The third, according to procedural fairness the reason for cancellation is based on decision Article No.70 Arbitrase Act is too limitative comparing to Article 34 of the UNICITRAL Model Law. This substantive justice should be limited to the signs, so that arbitrators use it arbitrarily.]]>
<![CDATA[Konstruksi Regulasi Sistem Pemilihan Kepala Daerah Menuju Sistem Pemilihan Kepala Daerah yang Demokratis dan Aspiratif ]]>
<![CDATA[Sulardi Sulardi]]>;
<![CDATA[Tri Sulistyaningsih]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 1 (2017): June ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0086.24-34
<![CDATA[This research is expected to produce the formulation of regulations on the regional election democratic and aspirational in order to embody democracy and good governance, from centralist to decentralization, of authoritarian to democracy. This research approah is a constructivism paradigm. The characteristics of this research are: first, this research uses an approach which law that manage the election as a mental construction reality of individual result of writing, and subjective action. Second, to get the data, the writer interact with expertises accurately and also governmental parties who are competent in this focus of research. Third, the interaction between the writer and expertises is conducted directly. Fourth, in accordance to various scientific literature works, then used as guidance by the researcher to conduct their own regulation construction in regional election. Fifth, conducting focus group dicsussion to get input for the improvement of this research.]]>
<![CDATA[PERMIT PROCEDURE OF ESTHABLISMENT AND SUPERVISION OF NURSING CLINIC IN BANTUL REGENCY ]]>
<![CDATA[Nasrullah Nasrullah]]>;
<![CDATA[Mishbahul Huda Alfarisyi]]>
<![CDATA[ Jurnal Media Hukum Vol 19, No 2 (2012) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v19i2.102
<![CDATA[As one of the health professions, nurse normally does no have independent authority to conduct medical practice. However, according to several regulations, nurse has a chance to establish and run his/her own nursing clinic. So far, there are six individual nursing clinics have been operated in Bantul Regency. By utilizing empirical research method with legislation approach, this research aims at finding out the importance and the permit procedure to establish nursing clinic as well as to know the supervision means used by the government upon the operated nursing clinic in Bantul Regency. This research proved that nursing clinics have given beneficial advantages on the society as whole. Meanwhile, to operate a nursing clinic a nurse has to be granted a Nursing Practice Permit Letter (Surat Izin Praktik Perawat/SIPP) from the government. Finally, the nursing clinic is supervised by the Health Bureau by means of supervision and control program.Keywords: nursing practice, nursing clinic, Nursing Practice Permit Letter, supervision and control program]]>
<![CDATA[TINJAUAN HUKUM ISLAM TERHADAP FUNGSI BALAI HARTA PENINGGALAN DALAM MENGURUS HARTA KEKAYAAN ORANG YANG TIDAK HADIR ]]>
<![CDATA[Yuniarlin, Prihati]]>;
<![CDATA[Heriyani, Endang]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 1, June 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0096.1-8
<![CDATA[People who are absent do not lose their status as legal subjects who have rights and obligations. For this reason, it is necessary to protect both the interests and property. The purpose of this study was to find out whether the Heritage Hall had fulfilled its function in managing the assets of people who were not present. This research is a normative legal research with a conceptual approach (conceptual approach) and a law approach. The informant in this study is an Islamic Civil Law Expert. The study is showed 3 results. First, the Heritage Property has fulfilled its function in managing the assets of people who absent. Second, the existence of the Institution of Treasury Hall can provide legal protection for the assets of people who absent. Third, the function of the Treasure House in managing the assets of people who absent can be said to be in accordance with Islamic law. Although the task of managing or managing the assets of people who absent is different, in Islamic Law the institution authorized to take care of the assets of people who absent is the Temporary Zakat Agency according to the Civil Code, the management of assets that are not present is the Heritage Hall . However, the essence is same, both the Amil Zakat Institution and BHP in principle represent the State in managing the assets of people who absent.]]>
<![CDATA[MAKNA OTONOMI DAERAH DI WILAYAH LAUT BAGI MASYARAKAT PESISIR KOTA SEMARANG ]]>
<![CDATA[Kushandajani, Kushandajani]]>
<![CDATA[ Jurnal Media Hukum Vol 17, No 1 (2010) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v17i1.369
<![CDATA[The main problem in this study was how the social significance of the existence of local autonomy regulation through the Law No. 32 of 2004. The specific questions tried to be answered in this study were whether the Law could preserve the social values rooted from the local culture, could increase the participation of the society, and finally could prosper the local society.Law No. 32 of 2004 contains local authority in the sea area which includes two categories, “to receive profit share†and “to have the authority to manage the resources in sea area†as far as 4 miles from coast line for the regions which own the sea. Through the delegation of authority in managing the coastal area, it was expected that the regional governance would develop the coastal society to be more prosper.The local government and the coastal society didn’t realize and couldn’t give an appropriate response to the change design in Law. The application of local autonomy which regulated territorial power division hadn’t yet been meaningful for the coastal society in Semarang City. Society development programs could not increase the participation yet. Meanwhile, economic development hadn’t yet been able to increase the costal society’s prosperity.Keywords: Local autonomy, the coastal society, prosperity.]]>
<![CDATA[Kedudukan Hukum PERMA Nomor 2 Tahun 2012 dalam Perspektif Sistem Peradilan Pidana (Studi di Pengadilan Negeri Kelas I Kupang) ]]>
<![CDATA[Ballu, Nuriyani]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0112.171-180
<![CDATA[This study aims to determine the position and the application of criminal penalties in accordance with the Supreme Court Decree Number 2 of 2012 concerning Adjustment of Limitation of Minor Crime and Amount of Fine in the Penal Code from the Perspective of the Criminal Justice System. The nature of research is normative legal research. Data in the form of court decision was take from the Kupang District Court. Study was made against the theft case involving an accused named Yohamir Amtiran Alias Hamir Amtiran which is registered in the mentioned court numbered 205/ Pen.Pid / 2015 / PN.KPG. The accused person has been alleged for having stolen two watches, one with Giotana brand, silver-colored boxy, and another one with SEIKO brand, spherical gold. The theft was committed at night in a house owned by Indriani Listya Purwanti Indri alias Indri located in BSB Housing Complex, Puri Lontar Street, Oebufu Village, Oebobo Subdistrict, in Kupang. The economic value of the stolen properties is approximately Rp 1,500,000.00 (one million and five hundred thousand rupiahs). The accused was tried with the ordinary criminal proceedings and put under detention. It is clear that the judges have not yet implemented the above mentioned Supreme Court Decree.]]>
