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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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BENTUK-BENTUK PENERAPAN NORMA HUKUM ADAT DALAM KEHIDUPAN MASYARAKAT DI JAWA TENGAH Sutrisno Purwohadi Mulyono
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.v20i2.266

Abstract

The existence of customary law in the life of central java people has existed for a long time, the rules of law that accommodate and legalize have been there and stratified from the beginning to the level of the basic law to the operation of the rules. Reseach problem: How is the customary forms the rule of law in the life of Central Java people? Research aim, to find out the application forms of customary law in the life of Central Java people. Research kind is policy research. Research type is empirical juridic research. The research characteristic is descriptive with purposive and stratified sampling approach. Primar and secondary data use interview and document. The research method is analytical qualitative. The research result shows, the existence of customary law in the implementation in the people life has existed for a long time. However, there are diversity forms in its application, some directly and some indirectly, depending on the characteristics of the place and time where it is applied. Suggestion, The need for unity indigenous manifested in village administration in order to facilitate social interaction between citizens, in the diversity and protection against right indigenous people.Keywords: Application Forms, Akad, Customary Law, People Life.
UPICC SEBAGAI MODEL BAGI PEMBARUAN HUKUM KONTRAK INDONESIA DALAM RANGKA MENGANTISIPASI BERLAKUNYA MASYARAKAT EKONOMI ASEAN TAHUN 2015 Subianta Mandala
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.2017.0085.96-104

Abstract

The current Indonesian contract law which is inherited from then Dutch colonial is no longger compatible with the the rapid development of international trade and business practice. Indonesia, therefore for quite long time, has made an effort to reform its contract law. However, those efforts are not successful so far. The entry into force of the ASEAN Economic Community in 2015 is a good momentum for Indonesia to revisit the idea of the reform. This research tried to find out the most possible approach for the reform. The research applied normative juridical method with futuristic approach. In conclusion, UPICC as an international instrument may well serve as model for the new Indonesian contract law. With its soft law character, UPICC may flexibly be adjusted in order not to prejudice the fundamental principles of Pancasila.
FAKTOR HUKUM DAN NON HUKUM DALAM PUTUSAN TINDAK PIDANA KORUPSI DI INDONESIA Jamin Ginting
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.v19i2.108

Abstract

The role of a judge is very important in deciding corruption cases in Indonesia, if a judge is affected by external which will make him/her unobjective in deciding a corruption case, thus his/her independency is judged. According to the research results, there is difference between cases which occurred in Java Island and Sumatera Island, where there is more corruption cases in Java compared to Sumatera and the punishment is more severe than in Sumatera, apart from that there are a lot of corruption done by company leaders with the average age of 46-54 years old. This shows that a leader of the mentioned range of age tends to misuse their position and opportunities while on the other hand, judges seldom give maximum punishment to corruptorKey words: Corruption, Judged, Independency, Legal Factor, Non Legal Factor.
Analisis Pengaturan dan Praktik Pemisahan Kekuasaan Sistem Pemerintahan Presidensial Berdasarkan Konstitusi Zulfan Zulfan
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.2018.0102.60-67

Abstract

The founding fathers is agreed to embrace a presidential government system. The founding fathers is formulated the vision and mission of the Indonesian nation on the understanding of nationalism. This article would like to answer how the separation of powers in the presidential system based on the 1945 Constitution. The separation of powers arrangements and practices in the parliamentary system has already been applied in Indonesia. Post-independence, the relationship between the President and the House of Representatives in the implementation of the legislative function is not harmonious. Indonesia during the Old Orde was a phase of liberal democracy, then re-enacted Pancasila democracy. Based on its development, political instability helped determine the weaknesses in the implementation of separation of powers in Indonesia.
ASAS HUKUM DALAM UNDANG-UNDANG NOMOR 39 TAHUN 2004 UNTUK MEWUJUDKAN PENEMPATAN DAN PERLINDUNGAN TENAGA KERJA INDONESIA YANG BERMARTABAT Lalu Husni
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.v17i1.375

Abstract

Legal principles (rechtsbeginselen) in Act No. 39, 2004 have not been fully translated as fundamentals in the establishment of legal norms (rechtsnormen) of placement and protection of Indonesian Migrant Workers. The principles which have been translated are the principle of equal rights, the principle of social justice, the principle of equity and justice of gender, and the principle of human trafficking/trafficking in person. The principle that has not been completely translated is the principle of integration. While, the principles which translations could not be found separately are the principle of democracy and the principle of non-discrimination. In order to protect the Indonesian Migrant Workers as dignified human beings, the legal principles should be reviewed again by adding new principles, that is, principle of humanity and principle of state responsibility as the philosophical foundation of the placement and protection of migrant workers in the future.Keywords: Legal principles, The Placement and Protection of Dignified Indonesian Migrant Workers.
Restructuring State-Owned Enterprises (SOEs) as a Strategy to Face Demonopolization Policies Putu Samawati Saleh
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.20190119

Abstract

The demonopolization policy on State-Owned Enterprises (SOEs) makes SOEs as an independent corporations by prioritizing profit motives while running a business for public benefits. The opportunity for private companies to become competitors of SOEs that have been running a monopoly business is one of the challenges for SOEs to compete. Restructuring of SOEs is a strategy to survive in business. The fundamental goal to achieve is that SOEs can become the main business entity that plays a role in national development by combining corporate/business principles and public services, but it still rests on the concept of democratic economy as a characteristic of Indonesian. The main problem to improve the role of SOEs in being able to be independent and competitive would be presented through normative juridical (doctrinal) research by using secondary data as the main data. The findings in the normative-prescriptive analysis would then be interacted using qualitative descriptive analysis methods through inductive conclusions. The results is finding an external and internal improvement strategy for the company by strengthening the concept of restructuring as an effort to enhance the role SOEs to be independent, competitive, and contributive to the sovereign, fair, and prosperous national economy.
MODEL KERJASAMA ANTAR DAERAH DALAM PENYELESAIAN SENGKETA KEWENANGAN PADA DAERAH KABUPATEN/KOTA HASIL PEMEKARAN Muhammad Fauzan; Kadar Pamuji
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.v21i2.1187

Abstract

The title of this study is a model of inter-regional cooperation in the Settlement Authority In District / Municipal Expansion. This research is motivated many conflicts / disputes regarding both the authority on government affairs and other matters between the Regional Holding with areas of the division. Results of the study include, first, the policy of regional expansion in addition to having the advantage in matters relating to the acceleration and improvement of public services and also has brought the potential development that could affect the relationship between regional harmonization with the Regional Holding Redistricting results, primarily due to a conflict of authority on asset management area. Second, the model of inter-regional cooperation in resolving disputes between the authority of the regency / municipality division of the District Holding wear two (2) approach, which is a formal legal approach and local wisdom approach, namely by providing “touch” argument that “touch” people’s emotional, the use of the term “interests of the whole community and mutual respect” with no regard to administrative boundaries of the Regional District of Holding and Expansion Results. This means that the interests of the community should be encouraged regardless of whether the incoming administration in the District or Regional Expansion.
Space Control Concept : A Comparison Between Space Legal Theory and Indonesian Law Nugraha Pranadita; Imas Rosidawati; Tansah Rahmatullah
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.20190134

Abstract

The purpose of the study is to provide a theoretical basis on the discussion of space by comparing the theory of space law with Indonesian laws related to space. Nowadays, space is no longer empty land, no man's land, but has become an arena of competition for the interests of various countries and international organizations. As space currently has limitless economic and strategic values. To utilize space optimally, an understanding between the parties concerned is necessary. Thus, the existence of the theory of space law becomes a vital issue in bridging the gap between the needs and availability of area in space as not every position in space has the same economic and strategic value. The research was conducted by using the method of doctrinal legal research using the conceptual and legal approach which is explained descriptively by analysis using the deductive method. The results of the study are going to determine the differences in the concept of mastery of space according to the theory of space law and according to Indonesian law.
PENGATURAN DAN PENEGAKAN HUKUM PEMBOIKOTAN DALAM ANTITRUST LAW AMERIKA SERIKAT Siti Anisah
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.2015.0054.173-189

Abstract

Boycott is one of violations in the competition law that eliminating the freedom of parties to enter the market. The aim of it no other than lessened fair competition. Theoretically, the issue related boycott discuss about the approach utilised by the authority to investigate and enforce boycott and its meaning: whether boycott is vertical or horizontal, or both; and what are the criteria of the violations? Given so few references on boycott, this paper attempts to reveal the regulation and the enforcement of it in the United States. It is aimed as reference to regulate and/or to settle the competition law cases of boycott in Indonesia in the future day. The United States does not specifically state boycott in the Antitrust Law. The United States includes boycott as concerted to deal and refuse to deal as ruled in the Section 1 of Sherman Act.
Copyright Infringement on Parody Video: A Legal Perspective Nur Persmawati Sahar
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.20200149

Abstract

The study aims to find out and analyze copyright infringement related to making parody videos with cinematographic work content. The researcher analyzed one of the parody videos made by Shopee as advertising content. The parody video made came from one of the cinematographic works, namely Dilan 1991. The research method used was normative juridical. The approach used is the statutory approach and conceptual approach. The author examined that in Shopee ads, the making of the Dilon 2019 parody video satisfies the provision of Article 5 of Law Number 28 of 2014 on Copyright. Two rights are retained by a creator or copyright holder, namely moral rights and economic rights. Article 5 of the Copyright Act governs the moral interests of the author and copyright holder.The study indicates that the 2019 Dilon parody video made by Shopee as advertising content is a form of copyright infringement and is not included in fair use. That is because the parody video making violates the moral rights and economic rights of the creators of cinematography Dilan 1991.

Page 33 of 52 | Total Record : 518

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