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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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Comercialization of Airnav Indonesia as Air Navigation Provider: Is it beneficial? Feri Wirsamulia
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.20200147

Abstract

The aim of the research is to analyse whether commercialization air navigation service and how Airnav Indonesia as a provider may have a benefit from it. This normative legal research uses statutory approach. The results of research show that following the transfer of authority and responsibility from PT. Angkasa Pura I and PT. Angkasa Pura II as the air navigation service provider in January 2013, the air navigation service in Indonesia entered into a new chapter which is monopolized by one company, that is “Lembaga Penyelenggara Pelayanan Navigasi Penerbangan Indonesia” (LPPNPI) or “Airnav Indonesia”. By the Governmental Decree No. 77 of 2012, Airnav Indonesia was established to provide air navigation service in order to secure the aviation safety and air traffic over the Indonesia territory. Generally, air navigation service is treated as public service in many countries, however, the idea to commercialize the air navigation service has been applied in some countries. The Government should consider altering Airnav Indonesia from a public service company to be a commercial business company which may contribute to the Government’s income. Commercialization of the air navigation service will provide a mutual benefit not only among stakeholders in the aviation industry, but also for aviation safety. Eventually, the Airnav Indonesia as the sole air navigation service provider in Indonesia could be a profit centre institution instead of merely a public service company.
KOPERASI JASA KEUANGAN SYARIAH BAITUL MAAL WAT-TAMWIL (STUDI KASUS DI BERINGHARJO, YOGYAKARTA) Umam, Khotibul
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.v20i1.1403

Abstract

Koperasi Jasa Keuangan Syariah Baitul Maal wat-Tamwil (KJKS BMT) is an organization that combines the concept of cooperatives and the concept of sharia. Both have the same spirit of kinship and mutual assistance (ta’awun). The concept is realized in the form of maal products and tamwil products, and accompanying activities, giving the product in question. Operational KJKS BMT based on the laws and regulations in the field of cooperatives.
Interpreting Fiscal Risk for Lack of Bank Indonesia’s Capital Yuli Indrawati
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.v28i1.8712

Abstract

The research is focused on determining the government's obligation to meet the shortage of capital of Bank Indonesia (BI), as the central bank, in the National State Budget (APBN). The research analyzes the basis of the government's obligation to meet BI's lack of capital and a mechanism for fulfilling the government's obligations to cover BI deficiencies in line with the objectives of the APBN. This study uses a normative legal research method with a statute, interdisciplinary, and analytical approach. The result shows that the government's obligation to suffice BI's capital is intended to maintain BI's sustainability so that BI can continue to carry out its responsibilities and obligations to maintain monetary stability. Monetary stability has implications for economic stability and increases in people's welfare. In addition, the fulfilment of government obligations is contingent, limited and final. This obligation will only be born if BI is no longer able to overcome the lack of capital. The cause of the lack of capital is beyond BI's control, as evidenced by the results of an examination by the Supreme Audit Agency and requires the approval of the House of Representatives.
Membangun Budaya Hak-Hak Asasi Manusia Sardi, Martino
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0073.121-127

Abstract

The violations of Human Rights remain spread in all over the world until now. There are violations of Human Rights in all the countries in this universe. It is not possible to find a country, which free from this violation. It is very terrible, such as the professional killing and systematic murder. It will cause to grow the culture of dead. This culture does not respect on the human life. The professional killing and systematic murder are real social fact, which are not distinct and justly resolved. This criminal actions will grow more terrible, if the official organs of the government provoke and take apart in this matter, do not want to obstacle and stop them, although they are capable to do it. The culture of Human Rights can be built, if the culture of life has been respected, the people, especially the organ of the government takes care and respect to Human Rights and promote them as well as possible. So the human life will grows to the directions of the welfare for the people and more civilized. If the people develop the culture of Human Rights, the human civilizations will grow for respect them. We have task to develop the culture of Human Rights.
HAK PREROGATIF PRESIDEN DALAM PENGANGKATAN DAN PEMBERHENTIAN KEPALA KEPOLISIAN NEGARA REPUBLIK INDONESIA BERDASARKAN UUD 1945 Kaharudin, Kaharudin; Galang Asmara, HM; Minollah, Minollah; Jayadi, Haeruman
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.2016.0075.137-149

Abstract

The research was intended to determine the prerogative of the President on the Constitution of the Republic of Indonesia 1945, and to know the prerogative of the President in the appointment and dismissal of the Head of the Indonesian National Police, so as to prevent conflicts between the president and parliament in the appointment and dismissal of the police chief. The research method used is normative law research method with the statute approach and the conceptual approach. Through statute approach, researchers will conduct in-depth study of the article of the Constitution of the Republic of Indonesia 1945, and the Act on the prerogative of the President in the appointment and dismissal of the police chief. While the conceptual approach, researchers will study the concepts of the thinking of experts in Constitutional Law related to the prerogative of the President in the appointment and dismissal of the police chief. The results showed that the prerogative of the President in the appointment and dismissal of the Chief of Police is restricted by the requirement for approval of the House of Representatives as a form of checks and balances between state institutions. This is a form of control of the House of Representatives as a representative of all the people of Indonesia who have sovereignty under the Constitution of 1945.
THE PARADOX OF POSITIVISTIC VIEW AND PROGRESSIVE LAW OF CRIMINAL LAW ENFORCEMENT IN INDONESIA Krismiyarsi, Krismiyarsi
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.v20i2.269

Abstract

The paradox of positivistic view and progressive law in the criminal law enforcement happened because there is a difference among the law enforcement officer’s view and perception.  Our law education from the beginning until now still teaches the students the positivistic view so that after the students becoming law officers in running the law they still use positive law or positivistic view. The positivistic view is often far from the substantive justice and close to the formal justice. In order to functioning the progressive law in law enforcement especially the penal code constraint of positivistic view which rooted inside of the law enforcer’s mind, therefore it is need paradigm change by fixing the law system, law education, ethics and morality of law officers , and increasing religious consciousness.Keywords: paradox, law positivism, progressive law, criminal law enforcement
Pengaturan dan Implementasi Prinsip Netralitas Aparatur Sipil Negara di Indonesia Sarnawa, Bagus
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.2017.0088.42-51

Abstract

The State Civil Apparatus has a very important role in the implementation of the tasks of government and nation-building. Therefore, the State Civil Apparatus is an apparatus free from political intervention. In other words, as stated in the legislation, the State Civil Apparatus must be neutral. The neutrality of the State Civil Apparatus is a prohibition for the State Civil Apparatus to become a member or manager of a political party, so that the Civil State Apparatus is free from the influence and intervention of political parties in the performance of their duties and obligations. The regulation of the neutrality of the new State Civil Apparatus began in the New Order period with the issuance of Law No. 8 of 1974, and so on in Law 43 of 1999 and Law No. 5 of 2014 on State Civil Apparatus and its implementing regulations. In practice, the implementation of neutrality of the State Civil Apparatus has many obstacles and constraints. At the time of enactment of Law No. 8 of 1974 and Law No. 43 of 1999, the principle of State Civil State’s neutrality of neutrality is often violated, this is due to the strong influence of political parties in bureaucratic relations in government agencies. Therefore, in the period of Law No. 5 of 2014, efforts are made to minimize and even eliminate the influence of political parties on the State Civil Apparatus, one way is to establish the State Civil Apparatus Commission.
PEMBANGUNAN HUKUM PERLINDUNGAN NELAYAN TRADISIONAL DI ACEH DALAM KAITAN PEMANFAATAN SUMBER DAYA PERIKANAN SECARA BERKEADILAN Sulaiman, Sulaiman; Adli Abdullah, Muhammad; Muttaqin Mansur, Teuku; Zulfan, Zulfan
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.v21i2.1195

Abstract

Traditional fishermen feel the impact of the damage of marine ecosystems and fisheries. The damage is not only caused by the consumption aspect, but also due to the government policy. Although it has great potential, but most of the traditional fishing communities are poor. This study seeks to answer three questions, namely: how to protect traditional fishermen in Aceh in connection with the consumption of fishery resources? What factors cause justice to be important in the context of the protection of traditional fishermen? How does the development of the law is supposed to do to protect traditional fishing? This study examines the law in non-doctrinal perspective with socio-legal approach. The third source of information is the Bureau of Maritime Affairs and Fisheries, FAO staff, the community of fishermen, fishery-environmental NGOs, and academics marine, fisheries, and the customary law of the sea. Protection of traditional fishermen is very important undertaken by the country in the consumption of fishery resources due to the presence of traditional fishermen in exploiting fisheries resources not only as an economic activity, but also related to culture. Fairness factor in the protection of traditional fishermen need to be explored to remember a few things, namely poverty, access, utilization, ease of access to markets, and access management. Development protection laws in connection with the issue of fishermen should be the most important principle, which is to bring the state in providing basic rights as outlined in the Constitution. Access restrictions or lack of interest will basically lead a traditional fishing in marginal conditions either political, social, cultural, or economic. This study suggests that in order to restore the traditional fishermen, it is important to conduct study on the various legislations, ranging from legal to technical regulations, to find a map of the position of traditional fishermen in Indonesia. Based on these maps, traditional fishing is authorized with the participation of various sectors of the program provided for the fishing communities.
KARAKTERISTIK PENYELESAIAN TINDAK PIDANA SECARA INFORMAL MELALUI PERADILAN ADAT Fitriati, Fitriati
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.2017.0092.164-171

Abstract

The legal inquiry is not just a matter of legal institutions and state organs, but also concerning the pursuit of justice that are informal. One of the problems of existing laws are criminal cases. Many criminal cases in village government were resolved through informal channels through a variety of methods are applied to each of the area. The process of settlement of criminal acts through the informal channels is a form of local wisdom in the law enforcement process. The research objective is to analyze the effectiveness of the settlement of criminal cases informally through customary justice. This study is a socio legal research. According to the research found that this form of criminal offense informal settlement is through village meetings, traditional justice, customary pemufakatan, direct action by the community for the provision of social sanction. Customary justice here is not justice terlembgaa as was common in formal law. The reason why the track in formal been is because it is considered more effective and efficient in terms of time, procedures and costs.
STRATEGI KEBIJAKAN PERLINDUNGAN INVESTOR LOKAL DALAM ARUS BEBAS ASEAN ECONOMIC COMMUNITY Nur Dewata, Mukti Fajar
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.v20i2.284

Abstract

ASEAN countries will enter the era of free trade through the agreement of Asean Economic Community Blueprint. This agreement will open the free flow of trade in goods, services, investment, capital and skilled labor. Regarding the investment, in particularly, all countries will apply the principles of the National Treatment and Most Favoured Nation. It means that all countries will give equal treatment between foreign investors and local investors. This poses a problem for Indonesian government on policy strategies to provide protection for local investors. This paper will use the normative juridical method for the discussion. However, to complete the analysis, empirical facts will also be carried to sharpen the argument. Based on the normative analysis, the result showed that Indonesian government has taken various strategies throughout legal instruments related to the investment law. Local investor protection is conducted by providing limits to the field of businesses, investment and divestment requirements for foreign investors.Keywords : policy strategies, asean economic community, local investor protection

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