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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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KEDUDUKAN MENTERI KEUANGAN DALAM KEPAILITAN PERUSAHAAN ASURANSI Imbawani Atmadjaja, Djoko; Anwar, Anwar
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.v19i1.1974

Abstract

The research is aimed at investigating the exclusive position of the Minister of Finance as an applicant in an insurance company’s bankruptcy. This given authority has brought up issues in relation to law particularly concerning principle obedience. Problems raised in this research are, first, has Article 2 (5) Act No. 37 Year 2004 fulfilled the justice principle especially in the context of the nation’s role? Second, the given authority is in accordance with the positions and functions of the finance minister as “the government”. The methodology used in this paper is normative research. The research findings are: first, the nation’s participation in organising and overseeing the insurance company’s activities is fair. However, the chosen mechanism has actually ignored the law principles that have been agreed upon. The second finding, the position and the authority of the Minister of Finance as bankruptcy applicant has violated the positions and functions of a minister as it is already arranged in the Act of the Minister of State.
The Role of International Human Rights Law in Fights Against Climate Change Andika Putra
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.10988

Abstract

This paper aims to examine the current international legal framework that addresses climate change and identify the role of international human rights law in climate change issues. This paper began by identifying the international legal basis, the development of international legal regimes, and looking at the character and nature of these frameworks. Furthermore, this study seeks to identify the role of international human rights law to close the gap left by the climate change framework. This normative legal research examined secondary data from relevant books, journals, and published documents. There were several findings from this research. First, the current international climate change framework is insufficient to address climate change problems and their adverse impact. Second, international human rights law may play a significant role in closing the current climate change framework gap. International human rights law will add distinctive value to the current system, perform the complementary function to the non-legally binding commitment, and provide an 'arena' for such non-compliance behavior of states parties.
The Urgency of Leniency Program Against Cartels in Indonesia: Lesson Learned from Singapore Competition Law Reni Budi Setianingrum; Muhammad Hawin
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.11650

Abstract

Globalization is characterized by a process where the economy becomes more tightly integrated and manifested in the form of free trade. Free trade forced by economic globalization has brought adverse effects. Some of the harmful effects of free trade include the rise of international cartels, for instance, those involved in price-fixing, bid-rigging, output limitation, and market sharing. This normative legal research aims to examine the application of leniency programs in the enforcement of Competition Law in Singapore and how Indonesia can learn from Singapore. The research indicates that one particular method is commonly used in several countries in the context of law enforcement against cartels, which is known as the leniency program or the Whistleblower. Singapore, as one of the neighboring countries of Indonesia, also applies for the leniency program. As a result, Singapore has successfully resolved many international cartel issues. Consequently, the leniency program gives benefits for providing evidence for related cases. In conclusion, Indonesia should learn from Singapore's experience in implementing the leniency program to prevent the negative effect of free trade, including the proliferating international cartels.
Amendment of the Corruption Eradication Commission Act and Its Impact on the Constitution Josef Mario Monteiro
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.10941

Abstract

This study analyzed the sub-system factors influencing the amendment of the Corruption Eradication Commission Act (KPK Law) from the Cybernetics theory and the impacts on the Constitution. According to this theory, there are various kinds of sub-systems, where one sub-system is interrelated with other sub-systems. Each of the sub-systems referred to will influence each other based on the primary function of each of these sub-systems, such as the cultural sub-system, which has the primary function of maintaining patterns, the social sub-system as a function of integrity, the political function as a function of achieving goals, and the economic sub-system as an adaptive function. This doctrinal legal research employed statutory approaches and concepts and found that changes in the KPK Law are influenced by the political sub-system factor, particularly the strong political interests of the House of Representatives and the Government. As a result, the amendment to the KPK Law is undemocratic because it does not fulfill the formal and material principles. In addition, it does not philosophically fulfill the function of law, leading to constitutional values violation.
Politico-Legal Review of the Revised-Bill of the Corruption Eradication Commission and Omnibus Law JM Muslimin; Novita Akria Putri
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.11403

Abstract

The paper aims to prove that political compromise may create legal antagonisms, paradoxes and strengthen the influence of elite-oligarchy. The paper is based on the theory that the concept of consensus in the context of the political system is closely related to the Indonesian cultural democracy. However, in the implementation, there is an underlying principle of checks and balances as a systemic guarantee, so that democracy is not merely a tool of ‘killing ground of freedom’ to manipulate the essence of democracy itself, in particular, by the dominant forces of the elite and the oligarchy. Through the socio-historical method (empirical approach), this paper examined the emergence of the phenomenon of antagonism and paradox of regulatory formulation, such as the revision of the Bill for Eradicating Corruption which weakens anti-corruption institutions, Corruption Eradication Commission, to the creation of Omnibus Law, which is considered to make labors structurally marginalized. The investigation discovered that those legal products are distorted and should be originally created to achieve the benefit and interest of society at large. In contrast, they are falsified and manipulated under the banner of ‘consensus’ democracy steered by the limited elite-oligarchy of the Political Parties.
Policing in India: Need of Effective Preventive Actions to Tackle Crime and Criminality Pradeep Kumar Singh
Jurnal Media Hukum Volume 28, Number 2, December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i2.12624

Abstract

When the criminal justice system is seen on the face, it may appear that actions are initiated only after the commission of a crime. Accordingly, criminal law can prescribe punishments for already committed criminal acts. However, a detailed and proper analysis of criminal justice clarifies that its main objective is the prevention of crime and criminality. Prevention of crime is taking action at the incipient stage means before the commission of a crime. The criminal justice system always provides crucial spaces for preventive actions. Proper and efficient police actions ensure effective tackling of crime and criminality, particularly police actions at the incipient stage. In India, in the 21st-century, crime and criminality are creating a serious challenge where the nature of crime is becoming more serious, and the crime rate is increasing. In such a situation, analysis of the Indian criminal law is vital to find out whether it sufficiently empowers Indian police for preventive actions to tackle crime and criminality. Analysis of Indian Criminal Law shows that provisions for directing and enabling policing are already provided. Despite that, training is necessary for the police officers to use the modern know-how for resorting to preventive actions. 
CONSTITUTIONAL COMPLAINT DAN CONSTITUTIONAL QUESTION DAN PERLINDUNGAN HAK-HAK KONSTITUSIONAL WARGA NEGARA Hamdan Zoelva
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.v19i1.1984

Abstract

The 1945 Constitution gives limitative authority to the Constitutional Court only to review of laws against the constitution, adjudicate dispute over state institution whose authorities are mandate by constitution, adjudicate dispute on the result of general election, dissolution of political parties and obliged to decide upon DPR’s opinion in the case of the impeachment of the President. In practice, many of the constitutional issues can not be resolved by the Constitutional Court because it explicitly doesn’t include the authority of the Constitutional Court, for example, the adjudication of the constitutional complaint and the constitutional question. Both of these issues are not easily resolved by the Court outside of the Constitutional Court. The main issue to be analyzed in this paper is the possibility that the Constitutional Court may adjudicate constitutional complaint and constitutional question. By using the normative approach, comparative study of several other countries as well as theoretical studies on the functions of the Constitutional Court in constitutional democracies states, this paper analyzes the possibility of the Indonesian Constitutional Court may adjudicate constitutional complaint and the constitutional question.
STUDI EVALUASI TERHADAP AMANDEMEN UUD 1945 (AMANDEMEN SEBAGAI UPAYA PEMENUHAN KEBUTUHAN HUKUM MASYARAKAT INDONESIA) Wijayanti, Septi Nur
Jurnal Media Hukum Vol 16, No 2 (2009): Desember
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v16i2.14399

Abstract

The four amendments of Indonesian Constitution 1945 taking place in 1999, 2000, 2001 and 2002 still have weaknesses, especially in terms of substance when inconsistencies exist. For example 1) the presidential system applied which violates the system such as the president’s accountability to the People’s Consultative Assembly (not clearly stated), the intervention of the House of Representative to president’s policy implementation, impeachment given by People’s Consultative Assembly, and the unclear responsibilities and accountability of the vice president; 2) the unbalanced bargaining power of the Regional Representative Council (DPD) in form of bicameral representative in the House of Representative; and 3) the controversial existence of the Judicial Commission. Therefore, an evaluation needs to be carried out to create a better constitution in the state administration. Running a nation should have a clear concept of a nation so that the politicians have strong principles to take action and create policies. On the other hand, the legal need of the society has to be fulfilled.
WEWENANG KELEMBAGAAN PENGELOLAAN LINGKUNGAN HIDUP DI ERA OTONOMI DAERAH Muhammad Akib
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.v19i2.103

Abstract

The aims of this study are to assess the regulation regarding institutional authority of local environmental management agencies and discover the strong regulation model and reflect the principles of local autonomy and ecological sustainability. The research used doctrinal legal research method by using primary legal materials and secondary legal materials and analyzed in a prescriptive-analysis. The research discover that the regulations regarding local environment management agencies are weak, due to uncertainty and lack of local authority, different nomenclature, and the absence of clear regulation on inter-institutional relations procedure. The future regulation model, the local environmental management agencies should have a broad authority, covering planning, implementation, monitoring and enforcement aspects. Duties and functions must integrate coordination and operational functions, and there is a clear relationship system encompassing both inter-institutional and inter-regional center.Key word: authority, institutional, local autonomy
PENYELESAIAN ALIRAN SESAT DI INDONESIA DARI PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Muchammad Ichsan; Nanik Prasetyoningsih
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.v19i2.98

Abstract

This research aims at examining the problem solving of Aliran Sesat (deviated religious affiliations) from the Islamic and Indonesian positive law perspectives. The descriptive-analytical approach is used to reach the goal of this study. This study finds that the emergence of Aliran Sesat in Indonesia creates many serious problems. To stop these deviations and to prevent the society from their negative impacts, Majelis Ulama Indonesia (the Indonesian Islamic Scholars Council) has delivered fatwa (an answer of the religious question) and determined that these religious affiliations are misled and their followers should return back to the true Islamic teachings. However, they neglected this fatwa and disobeyed it and still continue their activities. They claimed that it is their right to do and spread what they believed and that the freedom of belief is protected by the Indonesian positive law. This makes the society angry and doing anarchist actions against them. It is because according to the majority, Aliran Sesat is a distortion and an attack to the Islamic religion, and not a human right neither protected by the law. The government, therefore, have to enforce the Criminal Code Article 156 (a) against them.Keywords: Aliran Sesat, Islamic Law, Indonesian Positive Law.

Page 39 of 52 | Total Record : 518

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