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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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GAP ANTARA FIKIH MUNAKAHAT DAN UNDANG-UNDANG PERKAWINAN Muhammad Khaeruddin Hamsin
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.v20i1.1406

Abstract

The existence of marriage law in Indonesia has involved various interests such as religion, state, and women. In this sense, Indonesia expects to have a uniform marriage law in order to reduce gap and tension among the existing legal systems, namely Civil Law (Dutch Law), Adat law and Islamic law (fiqh). The research aims to study critically the reasons behind the gap between Fiqh Munakahah and Marriage Law Act in cause of marriage under age, to find out alternative policy resolving the gap. The research is normative legal research with non-doctrine approach. Both library and field research are conducted. The research find out that the alternative policy to overcome the gap is by enforcing legal sanction in marriage law, promoting more intensive legal awareness in the society and formulating a clearer provision in the marriage law act. Particularly on minimum age for marriage, therefore society might accept the law sociologically and philosophically.
HARMONISASI REGULASI DAN EFEKTIVITAS KELEMBAGAAN SAFEGUARD DI INDONESIA Abdurrahman Alfaqiih
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.v19i1.1975

Abstract

The implementation of WTO agreement is not easy in accordance with the estabilished regulations, so deviations in the process of trade liberalization that press domestic indrusties will likely to take place. Therefore, it is necessary to have safety actions to actualize mutual benefits in international trade. There are many cases of safety actions conducted by many countries such as Argentine that implements safety actions to its footwear industries without adapting to WTO regulations which causes the country’s losses. The paper examines the consistency of safeguard regulations in Indonesia with safeguard regulations of WTO and its implementation reviewed from the law effectiveness. The result of the study shows that the safeguard regulations in Indonesia is in accordance with the safeguard regulations of WTO in the normative level, but in the implementation the policy is not done effectively.
Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia Khairil Azmin Mokhtar
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.2016.0078.171-185

Abstract

Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available
Tanggung Jawab Sosial Badan Usaha Milik Negara dalam Menumbuhkan Kemandirian Masyarakat di Sulawesi Selatan Abdul Rauf
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0090.62-70

Abstract

State-owned enterprises (SOEs) social responsibility is important to maintain continuity of production to the goal of building the social legitimacy, even the implementation of social responsibility in SOEs has become a liability in accordance with the legislation in force. However, reality shows that the implementation of social responsibility by the state has not been able to play an optimal role in fostering self-reliance. Therefore, the issues to be discussed is how a form of implementation of social responsibility SOEs to foster self-reliance. This research was conducted by examining theories and provisions of relevant laws and connected with the application in the field. The research was conducted on a five (5) SOEs in South Sulawesi as a sample. The results showed that the implementation of social and environmental responsibility by the state is a form of concern on the part of the company on surrounding communities and the environment, which is implemented in the form of the Partnership and Community Development Program coupled with other social programs are referred to as BUMN Peduli. However, in order to foster self-reliance of society, there should be synchronization between the activities of the partnership program with environmental development program. Provide guidance to the public should also be conducted on an ongoing basis from the provision of training, provision of capital, mentoring, until the people who nurtured can be sought independently.
Implikasi Declaration of Conduct Laut Tiongkok Selatan Tahun 2002 Terhadap Proses Penyelesaian Sengketa Haryanto, Agus; Bainus, Arry
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0093.88-95

Abstract

Overlapping sovereignty in the South China Sea (SCS) has been serious problem since the 1970s. A formal agreement was reached between China and ASEAN is Declaration of Conduct (DoC) that signed in 2002. However, the existence of the DoC has not yet been able to defuse the dispute in the SCS. This paper will elaborate the DoC weaknesses that have a low bonds, precision and delegation. Thus, it is understandable if the DoC was not able to organize parties - disputants. Therefore the parties need to have a Code of Conduct (CoC) to follow up the DoC.
INVENTARISASI INSTITUSI ADAT REJANG DALAM RANGKA PENYUSUNAN KOMPILASI HUKUM ADAT REJANG Herlambang, Herlambang; Abdi, Muhammad; Harjanto, Andry; Yamani, Muhammad
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.v19i2.106

Abstract

The research aims at finding values, principles, and norms of customary law in Indonesia that are necessary to improve the concept of rule of law in Indonesia. One of the customary laws that still exists in Indonesia is Rejang customary law (Hukum Adat Rejang) which applies in Rejang society, Bengkulu Province. The existence of Hukum Adat Rejang as customary law is influenced by values of kinship, community groupings and pattern of traditional Rejang tribes. In order to find and identify such norms, a legal anthropological research with a qualitative research would be used. The research was conducted at the District of Rejang Lebong, Lebong, and Kepahyang. The result of the research shows that kinship system of Rejang is based on patrilineal or matrilineal system. Rejang tribes consist of four tribes, they are Petulai Tubeui or Tubai, Petulai Bemani or Bermani, Petulai Jekalang or Jurukalang, Petulai Selupue or Selupu. There are some norms that could be identified in Rejang customary law, namely Bemaling, Menebo, Tikam, Sigar Kulit, Cucuk Kulit, Mea Bayang Daleak, Iram Coa Badaleak, Iram Badaleak, Tukak Takek Kukuk, Membalew, Cido Celako, Kejujung Tenggak, Mendaur Tenggak, Samun, Upet, Dawa, Sumbang, Johong Permayo, Mbut, Tambang, Pascas Poncong, Tepeket, dan Kerineak.Key words: Rejang customary law, institution of adat Rejang, compilation of adat Rejang
FORUM PRIVILEGIATUM SEBAGAI WUJUD PERADILAN YANG ADIL BAGI MASYARAKAT Sastra Panjaitan, Budi
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.2018.0100.40-47

Abstract

This paper aims to find out whether the privilegatum forum is needed or not to bring about a fair justice for the community. The state provides fair recognition, guarantee, protection and legal certainty for everyone without distinction of ethnicity, religion or position, including the poor who are unable to have access to justice properly, but in reality justice is not easily obtained, including those who are economically is under. Justice is illustrated more easily by those with special standing as state officials. In order to realize the balance of law and balance the sense of justice in the community, it is time for the forum privilegatum made a permanent choice for state officials who commit criminal acts. Through the privilegatum forum, the dismissal and punishment of state officials committing crimes is committed through special court mechanisms. This special tribunal is the first and final courts whose decisions are final and binding.
ASAS-ASAS HUKUM MODERN DALAM HUKUM ISLAM Muhammad Alim
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.v17i1.373

Abstract

The legal principle is important because it is the truth which is used as a base of thinking and reasoning, especially in the law enforcement and implementation. The principle of law is the most important subsystem of one system of law and legal principle. The principle ranks above the rule system. It is not only because the principle of the law is more universal in character, but also because it reflects the values and cultural message which should be embodied in the rule of law. Theprinciple of law may be cited as the basis or reason for the formation of a rule of law or is a ratio legis of legal rule that contains the values, spirit, ideas of social or ethical views to be established. In the view of Islam, as mention in the Quran, Islam is a complete and perfect teachings. Completeness and perfection is spoken by Allah Almighty in the Quran sura Al Maaidah/5: 3. Although the rule of Allah in the teaching of Islam is perfect, the principle of Islamic law which is still considered legal principles derived from western scientific thought.Keywords: Modern Islamic Principles of Law, The legal principle, the law enforcement.
Penormaan Pengawasan Izin Lingkungan dalam Pencegahan Pencemaran dan Kerusakan Lingkungan Hidup dalam Eksploitasi Sumber Daya Alam Listiyani, Nurul; Akbar Hayat, Muzahid; Mandala, Subianta
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0116.217-227

Abstract

In environmental protection and management, the main effort is to prevent pollution and damage on environment instead of repressing the damages occurred. Permit is one of preventive measures and becomes a principle in Administrative Law. Permits can be seen as government’s tool as judicial preventive and used as an administrative instrument to control people's behavior. Environmental permit can be seen as preventive measure, because it always related to orders and obligations that must be obeyed by the holder. On the other hand, environmental permit also function as repressive instrument to counter environmental problems due to human activities, including mining. The norm’s obscurity on the supervision of environmental permits in in Law No. 32 Year 2009 on Environmental Protection and Management (hereafter will refer as UUPPLH) is an indicator for the lack of the objective results.Based on type, this research  focuses the study on the Environmental permit as an absolute requirement. Normatively, the principle of environmental permit as stipulated in Environmental Law regulates that every business and/or activity which required an Environmental Impact Analysis document or UKL-UPL should also hold an environmental permit. The purpose of Environmental permits is to maintain the preservation of environmental functions while also prevent and counter environmental pollution and damage due to human activities. Based on this construction, permits plays a very important role in environmental activity. Exploitation of natural resources has a significant impact on the environment, thus based on Article 22 paragraph (1) of Environmental Law these activities requires an Environment Impact Analysis. Important impacts as detailed in Article 22 paragraph (2) at empirical level still occurs so the goal of preventing pollution and damage as the objective of environmental permits still has not been achieved.
TRANSBOUNDARY HAZE POLLUTION IN THE PERSPECTIVE OF INTERNATIONAL LAW OF STATE RESPONSIBILITY Gunawan, Yordan
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.v21i2.1185

Abstract

In recent decades the Southeast Asia Countries have been affected by haze pollution which is caused by human activities in burning land/forest for plantation and/or agriculture. Indonesia is one of the major sources of the haze pollution in the region. The pollution does not stop at national borders only, but also causing transboundary pollution to the neighboring countries such as Malaysia and Singapore. As a reaction of this environmental crisis, ASEAN Agreement on transboundary Haze Pollution was signed. The Agreement recognizes that transboundary haze pollution which resulted from land and/or forest fires should be mitigated through concerted national efforts and international cooperation. As of June 2013, all the ASEAN countries, except Indonesia, have ratified the agreement. However Indonesia hopes to ratify the haze agreement by 2015. The study is normative legal reserach with Statute Approach and Case Approach. By using the qualitative descriptive method, this study will discribe the ransboundary haze pollution in details which could be seen in some international laws concerning law of state responsibility as for Draft Articles on State Responsibility and 1997 ASEAN Agreement on Transboundary Haze Pollution. The result shows that Indonesia needs to do the action, not onlyin term of how to combat the forest fires with the deployment of personnel from ASEAN, but also preventing issue of it, namely by making the rule of law which effectively penalize the forest burning. Most of these problems can be overcome only if Indonesia ratified the ASEAN Agreement on Transboundary Haze Pollution.

Page 34 of 52 | Total Record : 518

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