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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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Konflik Wilayah Laut Tiongkok Selatan dan Kejahatan Lintas Negara serta Implikasinya terhadap Ketahanan Nasional Jawahir Thontowi
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.2018.0108.124-136

Abstract

This research aims to grasp to an understanding the influence of conflict of the Southern Tiongkok Sea and Transnational Organized Crime (TOC) to ASEAN peaceful and security region, as well as to the National Resilience of the Republic of Indonesia. Research method use a normative by examining relevant legal rules. Meanwhile, it is used analysis of substantive legal rules and the functioning of institutional government. The research findings are included as a follow (1) the Tiongkok government’s claim on the nine-dash lines over territory has no international legal basis. (2) The Indonesian government considers Transnational Organized Crimes, such as drug and narcotic trafficking, etc can therefore be categorized as more serious treath to the National Resilience of RI. The Indonesian government needs to take a countermeasure against Transnational Organized Crimes rather than the conflict of the Southern Tiongkok Sea. It is therefore the Indonesian government expected to take strictly control Transnational Organized Crimes over the entire territory.
PENERAPAN PRINSIP SYARIAH DALAM PERMODALAN BANK SYARIAH Danang Wahyu Muhammad
Jurnal Media Hukum Vol 21, No 1 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v21i1.1156

Abstract

Islamic Bank  is a bank  that  is based on Syariah principles. The principles must  always be obeyed both  in  the establishment and  in the operational,  including  the  financial capital.  Regarding  the capital,  it must not come from  a  source  that  is  considered  as  haram  according  to  Syariah  principles, which will  cause  a mix  between halal  and  haram.  Something  that  is  halal must  be  strictly  separated  from  something  that  is  haram,  and  vice versa. This paper discusses The Application of Syariah Principles in Islamic Bank Capitalization. Several principles are  applied  and must  be  obeyed by  Islamic  Bank,  namely: Al-Ta’awan  Principle,  Principle  of Avoiding  (Al-Ikhtinaz)  from  gharar, masyir,  and  riba.  As  a  part  of Islamic  Economy,  the  activities  of  Islamic  Bank  can  be observed  from  four  points  of  view,  namely;  ilahiyah  economy,  ahlaq  economy, humanity  economy,  and balance economy. Meanwhile, from several viewsnof Muslim Economists,  it can be concluded that the core of Islamic  teaching  is  tauhid, which means  that  all  human  activities  in  the world,  including economy,  is merely for  ibadah  –  act  of  devotion  – which  is  aimed  at  following  one  law,  Allah’s  law.  The  value  of  tauhid,  in practice,  is  interpreted  in many  valaes  and  there  are  three basic  values  that  become distinguishing factors between  Islamic economy and other, namely adl, khilafah, and takaful.  It can be conladed that  is a possibility that  Syariah  Principles  are  violated  by  Islamic  Bank  in  terms  of  its  capitalization.  This  can be  see  from  the missing of requirements that make it compulsory for all founders to make a statement letter which states that the  financial  capital  deposited  to  Islamic  Bank  does  not  come  from  a  source  which  is  considered as  haram according  to Syariah  Principle.  The  consequence  of  the missing requirement  is  the  possibility of  receiving haram  financial  capital  from the  founders.  Should  this happen,  then Syariah Principle  is violated.
Law on Khamr Under Qanun Jinayat in Aceh and Brunei Darussalam: A Comparative Study Muhammad Natsir; Cakra Arbas; Meta Suriyani
Jurnal Media Hukum Vol 26, No 1, June 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190124

Abstract

Drinking khamr (liquor) is an offence under the Criminal Act (Qanun Jinayat) in Aceh and Brunei Darussalam. This paper aims at comparing the law relating to khamr in both jurisdictions. The study was made through content analysis using comparative approach. It is found that both in Aceh and Brunei Darussalam, drinking khamr is subjected to penalty in the form of whipping not exceeding 40 times. The sentence that was adopted from Shariah to be imposed within a trial held by the Shariah Court. Beside similarity, there are some differences especially in relation to the applicability, enforcement and proceedings. The law on khamr in Aceh as stipulated in its Qanun Jinayat is enforced by the Shariah Judge, while the prosecution of drinking khamr in Brunei Darussalam requires the role of prosecutor. Keywords: Drinking Khamr, Criminal Act, Qanun Jinayat and Shariah Court.
INCORPORATING GOOD LAND GOVERNANCE IN THE DISASTER REGION OF YOGYAKARTA Sunarno Sunarno
Jurnal Media Hukum Vol 22, No 1 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0044.1-16

Abstract

Land is one of the most major capitals in our life. Without it, sustainability of human existence is very impossible. Unfortunately, land problems in Indonesia have unique challenges compared to other countries. Many of kinds of challenges are in the form of the natural disasters. This paper is going to measure how well the principles of good governance has been incorporated in the Yogyakarta Special Region Land administration System generally by studying on the Merapi Disaster Mitigation, particularly in how  land planning for the Merapi Disaster’s victims is performed. The research methodology employs a combined research method, it means that fundamental principles in process and its output of both the doctrinal and non doctrinal approaches is synergized to based on the research’s activity unites. Configuration of  the land administration systems in achieving people prosperity has been affected by evolution of political, cultural, and legal awareness of local communities and central government policy. To conclude, incorporating a disaster response based land policy principles requires an integrated law and policy making system among parties through the implementation of good governance principle in the record of public participation voices and sustainable development interests. Notable reports illustrate that the good land governance incorporation encouraged and inspired land planning system to be more efficient and effective. Particularly in the natural disaster mitigation and reconstruction, incorporating good land governance principles furthermore encourages land policy makers to achieve the responsive land management in line with social demands and sustainable development programs.
Legal and Institutional Framework on Counter-Terrorism in Indonesia Sri Suatmiati; Edy Kastro
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.20200143

Abstract

The current legal basis for combating terrorism in Indonesia is The Government Regulations in Lieu of Statute (Perpu) No. 1 of 2002 on the Eradication of Terrorism. The fight against terrorism involves various institutions including national police, national army, and civil society. With regard to this, special unit has been established to deal with terrorism by national police and national army as well. This paper aims at elaborating the legal and institutional framework for combating terrorism in Indonesia and the possible way to improve it. This normative legal research employs statutory approach. It is found that basically the existing law has been strong enough. However, the eradication of terrorism would be more effective if Indonesia adopt preventive detention clause as governed under the Internal Security Act (ISA) in Singapore and Malaysia. This clause allows the authority to detain the suspect without legal process when his action is considered as the threat of national security.
REPOSISI POLITIK HUKUM PERJANJIAN INTERNASIONAL DALAM RANGKA MEWUJUDKAN TERTIB HUKUM DI INDONESIA Dhiana Puspitawati; Adi Kusumaningrum
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0060.258-273

Abstract

In Indonesia, here is no exact politic and legal system regarding the application of International Treaty within national legal system. Article 11 of Indonesian Constitution 1945 merely envisages the division of authority between President and Parliament in ratifying international treaty, however, such article does not state clearly Indonesia’s legal politics concerning the application of international treaty within national legal system. The lack of clarification on Indonesia’s legal and political system in such area raises problems in the application of international treaty domestically. This research is aimed to:  (1) analyses Indonesia’s legal politic concerning the application of international treaty towards Indonesian Constitution 1945 as well as other legal instruments; (2) analyses legal implications of international treaty upon Indonesia’s national interests and; (3) propose concept on legal politic regarding the application of international treaty in Indonesia. Since legal politic is crucial in supporting which law should be implemented towards state’s national goal, it is important to clarify Indonesia’s legal politic concerning the implementation of international treaty. As stated by Hans Kelsen, that as the application of the rule of law, a state should eliminate existing inconsistency and overlaps of its laws.
Green Victimology Perspective the Law Number 32 of 2009 on Environmental Protection and Management Angkasa Angkasa
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200153

Abstract

Green victimology refers to the study of victimology that focuses on  victims of environmental harm. The object of this new study cannot be separated from the philosophical values that underlie the growth of green victimology. Through literature research based on secondary data, this research focuses on two studies. The first is about the philosophical foundations of green victimology and the second is about the perspective of green victimology in the Law Number 32 og 2009 on Environmental Protection and Management. Based on the results of the research, it can be stated that the foundation of green victimology ecocentrism which sees that the environmental entities have intrinsic value in virtue of their own interests apart from its instrumental or utilitarian value for humans. This is different from the values underlying the previous victimological study that was based on anthropocentrism. Ecocentrism has been adopted in the Law Number 32 of 2009 on Environmental Protection and Management.
Perlindungan Hukum Terhadap Anak Korban Kejahatan Seksual dalam Perspektif Hukum Progresif Irwan Safaruddin Harahap
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.2015.0066.37-47

Abstract

A child has the right in the same as like own adult people. There are not many people that have thought to do certain things with Children’s right protection. So there are some efforts to protect children’s right that have been broken by country, adult, their environment, or their parents that did not give much attention to their future. Whereas, child as the soul and the reflection of the future, family asset, religion, and nation. Child get bad experience, like children exploitation, children abusement, being sex toy, child labor, abandoned, become the street children, victims of drug trafficking. Universally, Indonesia in breaking of the children’s right in real or nonreal become a normal and common image as mass media gives news about that. Indonesia as a law nation based on Pancasila must give a law protection to society, because of that the law protection will produce confession and human rights protection in his shape as individual creatures and social creatures in a unitary state that uphold family spirit in order to attain public welfare. Law enforcement to child victims of sexual crime in North Sumatra as conceptually has been located on the harmonizing relations of the values which span the hierarchy activities in good rules and with attitude as series value hierarchy, to build, maintain, and defend the peacefulness social life, conception that has basic philosophy that makes more solid. Construction law to protection children victims of sexual crime in progressive law perspective is an ideology and dedication of the perpetrators of law got the first place to do a dignification.
Urgensi Pengaturan Keamanan Maritim Nasional di Indonesia Dhiana Puspitawati; Kristiyanto Kristiyanto
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.2017.0085.14-23

Abstract

Located between two continents and two oceans, Indonesia is vulnerable to various transnational crimes. Hence, the concept of maritime security emerged. This paper focuses on three crucial matters, maritime delimitation, IUU Fishing as well as piracy and armed robbery at sea. This research aims to analyze the urgency of national maritime security legal framework in Indonesia. This research uses normative method with statute approach and comparative approach. It is submitted that although regional dan international cooperation is important to address maritime threats, national legal instrument is also necessary. Unfortunately, Indonesia still does not have comprehensive national legal instrument in place. Thus, it is argued that Indonesia should formulate specific policy and national legal frameworks in addressing maritime threats completed with certain measures for each threats as well as point out which institutions competent in handling each threats.
MEDIASI SEBAGAI PENGUATAN KEARIFAN LOKAL BANYUMAS DALAM PENYELESAIAN PERKARA PIDANA Muhammad Taufiq; Sarsiti Sarsiti; Rindha Widyaningsih; Rani Hendriana
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.2017.0089.137-146

Abstract

This  study is discussed about the mediation mechanism based on the local wisdom in Banyumas and factors inhibiting in the implementation. This study used a qualitative sociological juridical approach. The results showed that the mechanism for the resolution of criminal cases through mediation based on the value of local wisdom in Banyumas can be done outside and within the criminal justice, while still empowering the use of social network mediator. The mediation mechanism outside the criminal justice is done when the criminal case has not been reported or filed to the police, while the mechanism in the criminal court is done when a criminal case has been reported or filed with the police, and each of these mechanism has a sequence of stages. Meanwhile, the voluntary mediation became the first and man choices of Banyumas people. Inhibiting factors in the implementation of the mediation is primarily related to substantial and cultural components.

Page 41 of 52 | Total Record : 518

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