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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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OPTIMALISASI PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA Rodliyah, Rodliyah
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Domestic Violence Crimes (Domestic Violence) is a social phenomenon that often occurs in the community and the victims are mostly women. It is not only a national problem but an international problem, so set some instruments of international law and national legal instruments are adequate, which should be legal protection for women victims of domestic violence in the legal process can be catered for. In real terms the legal protection of women victims of domestic violence is still very weak, with an indication of the number of reports that were not followed up to the stage of the investigation, due to various constraints both in the community and from law enforcement officials. Optimization measures are needed legal protection for women victims of domestic violence, such as the high commitment or spirit of the law enforcement agencies to tackle domestic violence, meets all the rights of victims, providing legal aid to victims of the maximum judicial process, increase public awareness that domestic violence is a crime , not just a personal issue that no intervention, the offender must be processed to provide a sense of security to the victim and her family.Key words: Protection, Women, Violence
KOPERASI JASA KEUANGAN SYARIAH BAITUL MAAL WAT-TAMWIL (STUDI KASUS DI BERINGHARJO, YOGYAKARTA) Umam, Khotibul
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Jurnal Media Hukum

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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.Keywords: KJKS-BMT, Maal, Tamwil, Ta’awun
PERLINDUNGAN HKI SEBAGAI UPAYA PEMENUHAN HAK ATAS IPTEK, BUDAYA DAN SENI Sri Imaniyati, Neni
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The problem of Intellectual Property Right (IPR) is getting more complicated. IPR becomes one of the international issues besides problems on human right, environment, democratization, and standardization. Based on basic concept of IPR, IPR is the effort of recognition, respect, and right fulfillment on science, technology, culture, and art, which are parts of human rights. The IPR regulation in Indonesia is hierarchically written on the constitution and other regulations. As the consequence, when Indonesia ratified GATT, the IPR regulation in Indonesia must be continuously in line with TRIPs. Today, Indonesia is considered unready to implement TRIPs. It then turns out as negative perception upon IPR that is the possibility of losing the chance of IPR implementation in Indonesia that closely related to the emergence of high cost, insignificant influence on the foreign investment in Indonesia, and the occurrence of “biological hijack” toward Indonesian natural resources.Keywords: Protection, IPR, Science, Technology, Art and Culture
PENANGGULANGAN TERHADAP KEGIATAN ILLEGAL FISHING OLEH KAPAL-KAPAL PENANGKAP IKAN ASING DI WILAYAH PANTAI BARAT SUMATERA Ferdi, Ferdi; Delfiyanti, Delfiyanti
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The intensity of fishing activity around West Coast Area of Sumatra increased along with the decrease of the fish amount in marine area in other countries. This condition urged foreign fisherman boats to search for a new fishing area including the West Coast Area of Sumatra. This Area was the strategic part of marine area of Indonesia, it directly faced the high seas, Indian Ocean. Based on the data from Department of Maritime Affairs and Fisheries, marine fishery source of Indonesia was estimated to reach 6.167.940 tons per year. This illegal fishing was certainly detrimental for the country since it threatened the fishery potentials and the fish stock was decreasing. The line of West Coast Area of Sumatra was prone with illegal fishing, which included West Sumatera, Nanggroe Aceh Darussalam, and North Sumatera. The illegal fishing activities in the West Coast of Sumatra had been apprehensive, because the waters around this area were the open sea easily entered by foreign boats. Therefore, “Fishery Court” (in Medan) was formed to investigate, adjudicate, and decide criminal offense in fishery. The fishermen caught and arrested were then processed further based on the law referring to the Act No. 8 of 1981 on KUHP. Key Words: The Tackling, Illegal Fishing, West Coast Area of Sumatra
PERKEMBANGAN HAK NEGARA ATAS TANAH: HAK MENGUASAI ATAU HAK MEMILIKI? Kusumadara, Afifah
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Artikel ini ditulis dengan tujuan membahas perkembangan konsep hak menguasai negara, sebagai satu-satunya hak kebendaan yang diberikan Konstitusi kepada negara Indonesia. Dalam artikel ini penulis memfokuskan pembahasannya pada hak menguasai negara atas tanah dan pada interpretasi Mahkamah Konstitusi atas hak menguasai negara tersebut. Pembahasan penulis tersebut selanjutnya digunakan untuk menjawab permasalahan bahwa dalam kenyataannya hak menguasai negara atas tanah telah dimaknai secara keliru oleh Pemerintah, menjadi hak memiliki atas tanah. Disamping itu, hak menguasai negara atas tanah semakin tereduksi di Indonesia, digantikan dengan hak privat individual atas tanah. Hal ini mengakibatkan konflik pertanahan yang meluas di antara masyarakat di seluruh Indonesia. Dari pembahasan yang dilakukan penulis terhadap perkembangan konsep hak negara atas tanah dan interpretasi Mahkamah Konstitusi, maka penulis menemukan bahwa berbagai undang-undang sektoral terkait tanah telah menyimpang dari falsafah dan prinsip dasar UUPA. Oleh karena itu, perlu reformasi peraturan perundang-undangan yang mengembalikan UUPA sebagai payung hukum dari segala peraturan perundang-undangan terkait tanah.KEYWORDS: Tanah, Hak Milik, Hak Menguasai Negara, Hak Ulayat, Masyarakat Adat
KONSEP SUSTAINABLE DEVELOPMENT SEBAGAI BENTUK PERLINDUNGAN TERHADAP KORBAN TINDAK PIDANA LINGKUNGAN HIDUP Widowaty, Yeni
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The application of the principles of sustainable development in all sectors and activities become the main requirements to be internalized into policies and regulations in order that future generations will not inherit damaged and polluted environment. This research aims to identify, examine, and analyze the importance of legal protection and construct the ideal legal protection for the victims of environmental crime which have a sustainable development quality in the future.  This is a normative legal research which uses legislation law, case law, comparative, and conceptual as the approaches. The result of the research shows that philosophically, environmental crime victims should be protected because according to the theory of the law of the welfare state that the country is responsible for citizen’s welfare. Moreover, the preamble of the Indonesia 1945 Constitution 1945 (UUD 1945) also stated that the duty of the country is to protect the whole nation and give a general welfare. In the future, the ideal of environmental laws is to construct a sanction in the form of compensation for the victim and take on the environmental restoration by applying the principle of strict liability.Key words: Sustainable Development, Victims, Environmental Crime
BURMA’S ROHINGYA CASE IN INTERNATIONAL LAW PERSPECTIVE Gunawan, Yordan; Priambodo, Gatot
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Jurnal Media Hukum

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Abstract

Nowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn’t recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar’s government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1) Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issue that applicable to the Rohingyas case.KEYWORDS: Refugees, Persecution, Stateless, Human Rights
ENHANCING VALUE OF CUSTOMARY LAND: A CASE STUDY OF NEGERI SEMBILAN Jaria Maidin, Ainul; Zulkarnain, Ramawansyah; Sulaiman, Siti Sarah; Ramli, Norhidayah Mohd
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Jurnal Media Hukum

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Abstract

This paper examines the role of law in enhancing the value of customary land which is an integral part of the social and economic aspect of the adat perpatih community in the State of Negeri Sembilan, Malaysia. Tracts of customary land has been left idle for some time since 1980s mainly because of the wrong perception that agricultural activities will not yield fast and high returns. The Malaysian government identified various strategies to help alleviate rural poverty since the early days of independence. Despite the efforts undertaken by the government, the major problem posed to the government agencies is the increasing rate of idle agricultural land. Data were collected from interviews with affected landowners in Negeri Sembilan, the adat leaders, the State Authorities responsible for land administration and development, Federal government agencies established to address rural development strategies to identify the reasons for the increase in the idle agricultural land despite the policies and measures undertaken by the government for promoting efficient use of the land. Research identified that there are factors impacting adversely on the successful implementation of the government’s plans to develop idle agricultural lands. This problem if left not being watched will impact on the supply of agriculture land available for development. This paper sets out the legal measures that can be adopted in addressing issues relating to idle agricultural land, the problems faced and the proposals to overcome the problems to prevent the loss of supply of land available for agriculture development which is very crucial to ensure food security and promote sustainable development of the rural community that can have the effect of enhancing the values of customary land.Key words: law for development of land, sustainable development of rural land
PERANAN PEMERINTAH KOTA YOGYAKARTA DALAM MENINGKATKAN PELAYANAN PERIZINAN DAN MEWUJUDKAN FUNGSI IZIN SEBAGAI ALAT PENGENDALI BAGI KEGIATAN MASYARAKAT YANG MEMBAHAYAKAN LINGKUNGAN Nurwigati, Nurwigati
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The research aims to discover the relation between debureaucratization of licensing service and actualization of license function as a control to society’s threatening activities in order to avoid vicinity’s threats. The research resulted in some points, as licensing service in Yogyakarta municipality is not only quick, simple, and transparent, but also makes environmental aspect as one of its main concerns. Since documents in environmental management become main requirement to attain the license, when Environmental Bureau decides that all required in UKL-UPL, DPL has been completed, this bureau will issue the license no longer than 3 days. It is expected that the license will be processed exactly as the allocated time.  Meanwhile, in relation with retribution fee on making the license, the fee will be paid to Financial Management Board and then used it in preventing environmental threats via Environmental Service. Total budget available for this program is IDR. 11,353,434.740; on the other hand, income from retribution fee on licensing in 2007 was IDR. 2,216,475.050. It means that all the income from retribution fee on licensing returns back to society to prevent vicinity’s threats, even the municipality still provides additional funds from its budget.Keywords: Debureaucratization, Licensing Service, Environment.
ISLAMIC PERSPECTIVE ON MARITAL RAPE Susila, Muhammad Endriyo
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Marital rape has become a controversial issue in many countries including Indonesia. For the majority of the Indonesian people, it is impossible for rape to take place inside the marriage institution, however some other peoples believe that it possibly occurs. Since it is considered as a kind of rape anyway, those who agree with that concept, insist on the government of Indonesia to qualify marital rape as an offence. This is sounded usually by the human rights activists, especially the feminists. This research is aimed to elaborate the legal position of what so-call marital rape in Islam. As a country whose population is majority Muslim, it can be understood that the development of the Indonesian law is influenced by the Islamic values. This research provide an important reference to deal with the issue of the criminalization of marital rape in Indonesia.Since the research focuses more on the study of legal materials from various sources, it is qualified as a normative legal research. To support the collection of data, interview upon the competent legal experts has also been exercised. The standard of qualification of the legal experts involving in the interview are those who are interested in Islamic Law, especially Islamic Family law as well as Islamic Criminal Law.    Based on the research finding, it is found that the type of the relationship between husband and wife as suggested in Islamic teaching naturaly prevents the what so-call marital rape to occur. It is difficult to imagine the existence of marital rape inside the Muslim familes, since the husband is bound with the obligation to treat her wife well (mu’asyarah bil ma’ruf). In sexual matter, the doctrine of mu’asyarah bil ma’ruf can be applied by respecting the need and the willingness of the wife in sexual matter. Meaning to say, the husband is obliged to fulfill his wife sexual desire in one side, and in the other side he is not allowed to force her wife for sex when she is unwilling. It is better for the husband to sacrifice him self (to be patient) rather than sacrificing his wife. A good husband must be wise in choosing the better choice relating to the above issue. A good husband must be patient (shabr) for not saying that who is not patient is not a good husband.Keywords: Marriage, Rape, and Marital Rape

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