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INDONESIA
Jurnal Media Hukum
ISSN : 08548919     EISSN : 25031023     DOI : 10.18196/jmh
Core Subject : Social,
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
RIGHT TO PROPERTY: THE LAND ACQUISITION ACT 1960 AND THE SHARIAH PERSPECTIVE Nor Asiah Mohamad; Azlinor Sufian; Azmi Harun; Naemah Amin
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.v20i1.1404

Abstract

Islamic law recognizes both private and community property. This community rights are manifested in forms of entitlement for charitable purposes, known as waqf or trusts,  sadaqah as well as  zakat. Under the Sha‘riah, however, ownership of all property ultimately rests with God. Though individual property rights are upheld, there is a corresponding obligation to share, particularly with those in need. In Malaysia, the right to property is a constitutional right and thus, the acquiring authority cannot deprive a person of his land in an arbitrary manner. This paper discusses the extent of which the acquisition law falls in line with Shari‘ah thus preserving the right to property as determined by Shari‘ah to individuals. Similarly, the paper also looks at some basic principles sustained by the court in determining whether the working of the acquisition law falls within the constitutional guarantee provided under Article 13 of the Federal Constitution and the Sha‘riah. A study of the case law reveals that human errors due to greediness and lack of responsibility have contributed to some of the problems in land acquisition.
ASEAN Non-Intervention Principles: An Alternative Settlement towards Human Rights Violation in Rohingya Yulianto Achmad; Nanik Prasetyoningsih; M. Reformis Al Fath
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.v28i1.10892

Abstract

The frame of international news is colored with a series of systemic and consistent human rights violation experienced by the Rohingya ethnic group in Burma. Toward this case, it is unlikely for Burma to be willing and to be able to resolve this case internally. Hence, as a regional security and stability guard in the Southeast Asia region, ASEAN should take part in settling human rights violations that occur in its member states. However, every settlement attempted by ASEAN is constantly distracted with Non-Intervention Principles. This research aims to examine the alternative ideas for Non-Intervention Principles of ASEAN as a settlement towards human rights violation on Rohingya ethnic. This research used normative research, based on the secondary data was employed as the research method. The obtained data were analyzed by using qualitative analysis. The research found that the Non-Intervention principle has been applied in ASEAN in the most rigid form. Meanwhile, Humanitarian Assistance and Humanitarian Intervention mechanism is an alternative settlement towards human rights violations on the Rohingya ethnic group in Myanmar
PENERAPAN UNSUR-UNSUR PERBUATAN MELAWAN HUKUM TERHADAP KREDITUR YANG TIDAK MENDAFTARKAN JAMINAN FIDUCIA Prihati Yuniarlin
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.v19i1.1973

Abstract

Fiduciary transfer of ownership is done through constitutum possessorium which means that the transfer is followed by an object control. The object of fiduciary assurance consists of chattels or moving objects and immovable objects which cannot be loaded with mortages, the transfer of chattels with real submission. As an effort to give a legal policy to the fiduciary assignor (creditor) and to fulfill the publicity principles, Government through the UUJF requires the creditor to register the fiduciary assurance in the Fiduciary Registration Office. That regulation is stated in the article 11 of UUJF. This study is a normative legal research with the research question as follow, “Can the elements of torts be implemented to the creditor or fiduciary assignee so that the creditoris considered doing the unlawful act?” The primary data are used in the study. The analysis results show that the elements of tort cannot be implemented to the creditor who does not register the fiduciary assurance in the Fiduciary Registration Office. Therefore, he is not considered doing the unlawful act.
EKSISTENSI SERIKAT PEKERJA/SERIKAT BURUH DALAM UPAYA MENSEJAHTERAKAN PEKERJA Zulkarnain Ibrahim
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.2016.0076.150-161

Abstract

The exsistence of Labour Union do not implement the mandate of Laws. No. 21 year 2000 about Labour Union, also in covering, defensing the right/obligation of workers, and welfare of workers and their family. Informal workers not yet and should become the member of Labour Union, because they become the Indonesia’s economic strength/endurance. So that Labour Union convince goverment to help with technical guidance, management, and banking with low interest. General obstacle of Labour Union, weak in leadership’s quality and bargaining with businessmen. The personal/group needs, become the reason of fragmentation from time to time, and the vision/mission has not yet maximally executed to facing the future. The Labour Union should execute right/obligation from laws, making the members become professional in their fields, and harmonic with members and also bussinesmen.
PENYELESAIAN KONFLIK ETNIS DAN INSTITUSIONALISASI PENGADILAN LOKAL YANG BERBASIS BUDAYA Hermansyah Hermansyah
Jurnal Media Hukum Vol 16, No 3 (2009)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v16i3.15380

Abstract

 Conflict, ethnicity and multicultural matters are natural law, and the conflicts frequently happen are caused by the misunderstanding of the different life objectives, tribe diversity and cultural plurality. In reality, the conflict settlements are often solved through criminal justice system. However, the settlement through the state criminal justice system results in dissatisfaction as it emphasizes more on the procedural justice. People use violence as an expression of their dissatisfaction with the state justice system. In fact there is an institutionalized local justice (customary justice) which can be used to settle conflicts considering that local justice characteristics emphasize more on substantive justice aspects in settling the conflicts and have social basis and base itself on clear cultural based community.
MEDICAL NEGLIGENCE CASES FROM THE PERSPECTIVE OF THE CONSUMER PROTECTION ACT 1999 MUH. ENDRIYO SUSILA
Jurnal Media Hukum Vol 18, No 2 (2011)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v18i2.15498

Abstract

The presence of the Consumer Protection Act 1999 (Undang-undang Nomor 8 tahun 1999 tentang Perlindungan Konsumen) has changed the way the people look at the doctor-patient relationship. In the past, relationship between doctor and patient was only viewed as fiduciary relationship, but after the enactment of this Act some people look at it as a kind of commercial relationship. If patients were considered as consumers, any action causing damage upon the patients would subject to related legal provisions available in the Consumer Protection Act 1999. Even though claim for compensation can be carried out based on the mentioned Act however the tendency to refer to the Consumer Protection Act 1999 for settling medical negligence cases in Indonesia is still very low. It is interesting to know why the patients seem to be reluctant to employ that Act in pursuing damages. This paper will elaborate the effectiveness of the Consumer Protection Act 1999 in settling medical negligence cases in Indonesia.
Mewujudkan Sistem Peradilan Pidana Berwibawa Di Indonesia C. Maya Indah S
Jurnal Media Hukum Vol 14, No 3: November 2007
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v14i3.14943

Abstract

The authoritative criminal justice system in Indonesia should be realized in order to get trust and respect from the society. The basic norm order which is embraced in the legal principles is the manifestation of the supreme bases, that is the Grand norm of Pancasila. It should become the legal spirit in the legal validity and reality. The authoritative criminal justice system shall occur when the criminal justice system holds high the criminal legal principles as the meta norm and the attitude guidance. The accountability aspect for criminal justice and its implication towards controllability and responsiveness of institute is very significant in the development of the authoritative justice system. Therefore, it requires a system approach to promote structural, substantial, and cultural synchronizations for the sake of the establishment of legal council and institution in the criminal justice system.
MEMBERANTAS TINDAK PIDANA KORUPSI DI INDONESIA DENGAN MENATA BIROKRASI DALAM KERANGKA GOOD GOVERNANCE SJAHRUDDIN RASUL
Jurnal Media Hukum Vol 16, No 1 (2009): Juni
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v16i1.15479

Abstract

Considering the severe corruption in Indonesia, its eradication then could not be conducted partially. It needs a holistic eradication corruption which involves the whole aspect, including Indonesian people and government institutions. Particularly from the side of government institution, it needs harder effort, related with the existence of bureaucracy obstacle and a poor good governance system inside the government organization. inline with that, one of the strategy that has to be used is to manage bureaucracy in accordance with the principle of good governance. Good governance consists of three principles. i.e: transparancy, participative and accountability. in addition to implement the good governance principle, job assesment on the bureaucracy has to be implemented
Tugas Dan Fungsi Dewan Keamanan PBB Dalam Penyelesaian Sengketa Internasional (Secara Damai) Khaidir Anwar
Jurnal Media Hukum Vol 14, No 3: November 2007
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v14i3.14926

Abstract

The Security Council is one of equipment of the United Nations whose functions and assignments are to maintain the harmony, security, and piece of the world. The security council of the United Nations in conducting its functions and assignments occasionally determines the resolution. However, many are questioning the supporting force of the resolution. In this study, the assignments and functions of the security council of the United Nations as well as the supporting force of the resolution determined are discussed.
KARAKTER PROGRESIF MATERI MUATAN PERATURAN DAERAH (Perspektif Keberpihakan Penyelenggaran Pelayanan dasar Pemerintah Daerah Terhadap Masyarakat Miskin) HS Tisnanta
Jurnal Media Hukum Vol 16, No 3 (2009)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v16i3.15375

Abstract

 Basic service management is the obligation of Local government and one of the constitutional rights of citizen. Basic service is run based on Local Regulation (Perda) which is oriented for the prosperity of society especially for poor society. Based on that condition, it is required a progressive character of perda for guarantying availability, accessibility, and service quality.