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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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KAJIAN TENTANG PERTAUTAN HUKUM HUMANITER INTERNASIONAL DENGAN HUKUM PENGUNGSI Sigit Riyanto
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.v20i1.1376

Abstract

International Humanitarian Law and International Refugee Law are two branchs of law relevant to the protection of human rights in a specific context. This research aimed at evaluate the relationship of these two branchs of law. Legal materials that thoroughly considered and analized in this research were relevant international rules and facts embodied in international customs, general principles of law, international treaties, conventions, declarations and decisions of international organisation, recommendations, academic publications, proceedings and working papers. Based upon the analysis of the existing legal materials, eventually, it could be inferred that International Humanitarian Law has influenced International Refugee Law both in the standard setting and in the interpretation process. The rules embodied in these two branchs of law established a continuum protection for the victims of confilct with violence. Two international humanitarian agencies; International Committee of the Red Cross and the United Nations High Commissionner for Refugees has served as the guardians in the framework of promotion and implementation of these two branchs of law. Grave breaches of International Humanitarian Law and acts triggered international displacement were international wrongful acts and generate state responsibility.
EKSISTENSI DAN EFEKTIVITAS LEMBAGA OMBUDSMAN DAERAH (LOD) DALAM RANGKA TERCAPAINYA GOOD GOVERNANCE DI PROVINSI DAERAH ISTIMEWA YOGYAKARTA Septi Nur Wijayanti
Jurnal Media Hukum Vol 15, No 1 (2008): Juni
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v15i1.14400

Abstract

The motivation to increase the bureaucracy of the government in the local government is not only carried out internally, but several efforts addressing the external aspect is also conducted as a part of the society’s concern in promoting a bureaucracy which is humanistic, efficient, accountable and respecting the human right. This concern is reflected in the institutionalization of the DIY ombudsman, which is also a part of the society’s effort to promote changes. The establishment of this institution is very strategic, particularly when it is dealing with the condition that the civil society is often unaware of their rights as the costumers of the public service. Besides, the local government has not been able to address the rights appropriately. Hence, the institution could function as a media for the civil society to file their complaints and aspiration to the executives. In addition, the institution could also work independently to protect the right of the civil people from the mal- administrative service conducted by the government officials. Based on the study on data of LOD of DIY, it is identified that LOD is trusted by the society in its efforts to build the good governance, although, on the other hand, not many people ever heard about this institution. In contrast, the government officials consider that the existence of LOD of DIY threaten their future career.
RE-EVALUASI SISTEM PENUNTUTAN DALAM KUHAP Tolib Effendi
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.v19i1.1981

Abstract

Presecution system is one of the criminal justice system’s elements. In Indonesia, the presecution system does not clearly state whether it follows legality principle or opportunity principle. A strict regulation regarding to the presecution system influences the criminal justice system. Re-evaluation of the presecution system through the opportunity principle as stated in the Draft of Criminal Code Procedure of 2008 does not only bring impacts towards the Indonesian criminal justice system but also balance the victims position which has got less attention during these years.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.100

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
Dinamika dan Problematika Politik Hukum Lembaga Penyelesai Sengketa Hasil Pemilihan Kepala Daerah di Indonesia Nasrullah Nasrullah; Tanto Lailam
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.2017.0084.1-13

Abstract

The success of free and fair local elections is not only measured by the voting process, but also determined on how the settlement of the disputes follows it. In connection with that, the institutional dispute settlement of local elections in Indonesia has experienced ups and downs that have not been interminable. The issuance of the Act Number 10 of 2016 which mandates the establishment of special judicial body for settlement of regional head election disputes still leaves a ‘homework’ of the shape or design of that special judicial institution, its authorities and procedural law that must be established ahead of national simultaneous elections in 2027. This paper is the result of a normative research with statute, analytical, and case approaches regarding the background of the existence of special judicial body which is needed to be established to resolve regional head election disputes in Indonesia as an antithesis on the weaknesses and problems ofinstitutional settlement of regional head election disputes that been there for years, namely: Supreme Court and the Constitutional Court. In order to provide an overview as well as an alternative institutional model of special court for regional head election disputes settlement to be formed onward.
POLITIK HUKUM EKONOMI SYARIAH DALAM PERKEMBANGAN LEMBAGA KEUANGAN SYARIAH DI INDONESIA Mul Irawan
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.2018.0097.10-21

Abstract

Sharia economy has grown rapidly in Indonesia. This indicated by the creasing number of bank and non-bank finansial institution used sharia principles. One way’s to support these development is the sharia law political economy which conducted by the government. The problem who must be examined integrally was the politic role of law in the sharia finansial institutions development and the sharia finansial institutions development itself. The purpose and benefits of this research were to provide an objective picture as well as a recommendation for the strengthening the Islamic politic of law and sharia regulations. This research used normative method, which was a study on regulation, research result, journal, data and other reference, that would be analyzed by qualitative descriptive method. The results of the study found that the politic of laws and regulations of sharia economy have being contributed and established facilities for the development of Islamic finansial institutions in Indonesia. The unity of politic on law and sharia economic regulation has established public trust and provided an opportunities and protection for community, bussiness people, customers and sharia finansial institutions
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.370

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.
Pergeseran Aturan Netralitas Aparatur Sipil Negara dalam Pemilihan Umum Bagus Sarnawa
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.2018.0113.181-189

Abstract

The State Civil Apparatus (ASN) is the executor of government and development tasks. Therefore the ASN must be neutral. Based on Law Number 5 of 2014, the neutrality of the ASN is free from the influence and intervention of all political parties and groups. To maintain and guarantee the neutrality the integrity, cohesiveness, and unity of the State Civil Apparatus from the influence of political parties and to focus all attention, mind and energy on the tasks charged, the ASN is prohibited from becoming a member and/or administrator of political parties. In the past, the neutrality of the ASN began in the Old Order, when the issuance of Presidential Regulation Number 2 of 1959 concerning the Prohibition of Civil Servants and Public Officials in Political Parties. Furthermore, this Presidential Regulation was followed up and expanded with a Circular Letter of the President of the Republic of Indonesia Number 2 of 1959 concerning Prohibition of Membership of Political Parties for State Officials that Carry Out State Obligations Outside of Positions which they hold. Furthermore, in the New Order period, Law Number 8 of 1974 concerning the Principles of Staffing, while during the Reform Order was issued, among others, Law Number 43 of 1999, Civil servants must be neutral from the influence of all groups and parties and not discriminatory in providing services to the public. And the Reform Order was issued Law Number 5 of 2014 and other regulations related to the neutrality of the ASN
Omnibus Law on Job Creation: State Capture? Siska Ambarwati
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.v28i1.10654

Abstract

The study aims to analyze whether there is a state capture in making the Job Creation Law. Since the Job Creation Law was raised, many parties have criticized the existence of the Law because in the making of the Job Creation Law it is believed that it is more beneficial to employers, giving rise to an indication of state capture in its making. The research method used is a form of normative research with a statutory approach. The result shows that there is a state capture carried out by the authorities and employers in the making of the Job Creation Law. About 262 or 45.5 percent of the 575 House of Representatives members are affiliated with the company and therefore the regulations to be made more favorable for employers or investors while the welfare of workers is at stake. The rushed legislative process causes the values and aspirations of the people to be unable to be proportionally aggregated and accommodated, and this is certainly contrary to the principle of participation and the principle of openness as stipulated in the provisions of laws and regulations.
Sanksi Pidana Pemerkosaan Terhadap Anak Menurut Hukum Pidana Positif dan Hukum Pidana Islam Fitri Wahyuni
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.2015.0071.95-109

Abstract

Crime is a social phenomenon that occurs at any place and time. One form of the crime is rape against children. This research is motivated by the condition of the large number of rapes that occur against children. But the threat of criminal penalties against perpetrators of child rape with imprisonment of a maximum of 15 (fifteen) years is considered not reflect the sense of justice for children as victims and that provision is not in accordance with the development of the people of Indonesia are mostly Muslim. This encourages the comparison between positive criminal law with Islamic criminal law and the need for reform of criminal law in the future. Descriptive-analytic approach-comparative, used to analyze criminal sanctions in rape against children in Indonesia. Criminal sanctions rape of children as contained in the Criminal Code and the laws establish child protection imprisonment. Viewed from the objective of sentencing in criminal law rape Indonesia that criminal sanctions against children in positive criminal law does not accommodate the interests of the protection of victims but only oriented to act so that the objective of sentencing offenders to provide a deterrent effect against perpetrators have not been up to materialize. While the Islamic criminal law does not mention explicitly about rape,  but rape in Islamic criminal law can be in groups into jarimah adultery even more cruel. Islamic law had explained that rape is hirabah (QS. Al Maidah: 33). Punishment in the form of the death penalty, crucifixion, hand cut legs crossed or exiled. Thus, the formulation of sanctions in criminal law reform on child rape can be adopted with a choice of criminal sanctions as contained in the criminal law of Islam.

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