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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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PENANGANAN PEMBIAYAAN BERMASALAH DALAM PELAKSANAAN AKAD DENGAN PRINSIP MURABAHAH DI BANK MUAMALAT INDONESIA CABANG YOGYAKARTA WIRATMANTO WIRATMANTO
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.v16i1.15474

Abstract

Fakultas Hukum, , Jalan Lingkar Selatan, Tamantirto, Kasihan, Bantul, Yogyakarta,55183 Indonesia. ABSTRACT The aim of this research is to understand the aspect of settlement law of financial problem, handling of financial problem and law attainment used for the solution of financial problem within the implementation of principally murabahah covenant in Indonesian Muamalat Bank, particularly in Yogyakarta. The final conclusion for this research is the handling of financial problem within the implementation of principally murabahah covenant in Indonesian Mualamat Bank through redemption and settlements acts of financial problem. The redemption act is done by rescheduling. Besides that, reconditioning and restructuring are also conducted. Law attainment used in the settlement of financial problem within the implementation of principally murabahah covenant in Indonesian Muamalat Bank is by conducting bank internal settlement that is discussion to reach common agreement. Other than that, the settlement phases that can be done are denunciation to Bank of Indonesia, mediation even though for the settlement through that bank, arbitration, of which it is bonding and last, through BASYARNAS so that if there is an in-obedient side, they can demand for flat execution to Religious Court, litigation (Religious Court). The prosecution can be directly filed to Religious Court based on Act Number. 3 of The Year 2006.
PENEGAKAN HUKUM YANG BERKEADILAN SOSIAL DAN BERDIMENSI HAM (Studi terhadap Penggusuran Kelompok Masyarakat Marginal) Yohanes Suhardin
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.v16i3.15366

Abstract

Law enforcement in the current era of globalization, but to have to uphold the rule of law, expediency, social justice must also consider human rights. Likewise, law enforcement, especially the regional regulation should consider the values social of justice and human rights. The facto, in particular law enforcement often conflict with the values social of justice and violation of human rights. PERDA (Regional Regulation of) DKI Number No. 8 of 2007 on Public order tends to conflict with the values of social justice and violation of human rights. The most of obvious human rights are violated of human rights in field of economics, sosial and cultural.
ANALISIS DOKTRINAL TARAF SINKRONISASI VERTIKAL PENERAPAN NILAI KEADILAN SOSIAL DI BIDANG PENGELOLAAN SUMBER DAYA AIR SUTEKI SUTEKI
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.v16i1.15469

Abstract

The researches about Water Resources Management were often have been done by previous researchers, but haven’t reach the basic idea of water resources management related the social justice. The doctrinal analysis was chosen to examine synchronization in vertical perspective. There are two problems in this research, those are (1) How vertical synchronization grade in Water Resources Management? (2) Why vertical synchronization grade in Water Resources Management was very difficult to be realized? These problems will be solved by doctrinalresearch approach. The results show that there is inconsistency in implementing of social justice value in regulation of water resources management. There is no vertical synchronization in regulation between UUD 1945, UUSDA, PP 16 Tahun 2005, Permendagri No. 23 Tahun 2006 serta Perpres No. 77 Tahun 2007. Based on analysis of document about RUU SDA meeting and Decision of Constitutional Court (MK) about Judicial Review of UUSDA, there was evident that DPR and Constitutional Court were trapped into legal-positivism thinking. They did not conduct ‘moral reading’ of Indonesian constitution. Through Perpres No. 77 Tahun 2007 that permits the foreign investors are able to occupy the share of water corporation until 95% more shows that disharmony in vertical perspective has occurred in regulation of water resources management.
TINJAUAN FILOSOFIS PERLINDUNGAN HAK MILIK ATAS MEREK AGUNG SUJATMIKO
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.v18i2.15499

Abstract

As part of Intellectual Property Rights, trademarks is an exclusive right. The rights contens two rights; to use and to license the trademarks. According to Jeremy Bentham all of property is based on utility or happiness for majority people. On the other hand, according to Rousseau the property has social functions. The philosophy aspects of trademarks as property can be used as guide that a trademark must be protected from infringement. The protection of trademarks is very important, because trademarks has economic value.
Assessing Indonesia’s Environmental Laws Pertaining to the Abatement of Marine Plastic Pollution: A Euphemism? David Tan
Jurnal Media Hukum Vol 29, No 1: June 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i1.13414

Abstract

The predominance of irresponsible and unsustainable plastic usage in Indonesia poses an urgent and alarming danger to the ecosystem. This paper discussed the legislative and regulatory mechanism in place in Indonesia to manage marine plastic pollution, the limitations and obstacles it faces, and the possibility of remedies being implemented to resolve Indonesia's marine plastic pollution predicament. The ecological approach, sustainable development goals, human right to a healthy environment, and sociopolitical context will all be used to advise this research. The findings demonstrate both top-down and bottom-up initiatives to marine plastic pollution law and regulations are ineffectual. If not adequately regulated, the government, political, and economic structural proclivities would most likely favor economic expansion at the expense of appropriate protection of the environment. Indonesia has to consider not just more comprehensive law and regulation to handle the complex concerns of marine plastic pollution, but it also sought to acknowledge other drivers that hamper the success of efforts to conserve the marine ecosystem. As a result, it is suggested that Indonesia initially focus on short-term measures prior to progressing on to long-term remedies, with effective cohesion across all approaches and collaboration with all involved parties.
KEWENANGAN PENGADILAN AGAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH A.A. OKA DHERMAWAN
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.v16i1.15480

Abstract

The authority of Religion Court in resolving the Shariah Banking disputes regulated in article 55, verse (1) of Sharia Banking Regulation. There are two types of dispute resolution methods, namely non litigation (out of court) and litigation (through the court). The resolution procedure using non litigation method basically uses the agreement from all parties. If the resolution is made through arbitrate institution, the procedure of the dispute resolution is regulated in Regulation No. 30 the year of 1999, about Arbitration and the Alternative of Dispute Resolution. The procedure of the resolution of the Shariah banking dispute which proposed by the law abider, an Islamic person or legal institution and/ or they who abide the Islamic law can be done in two ways. First is special judicial procedure when the case is dismissed, canceled and verstek by the verdict of dismissal, cancelation and verstek. When the case is dismissed, and canceled, there will not be any legal action, but the related parties can reapply the case. When the case is on verstek verdict, the legal action will be in the form of verzet. The second is the regular case, it is applied when all the trial procedures are fulfilled perfectly and the granted or denied with appeal as the law action.
Persaingan Usaha Yang Sehat Dalam Perspektif Perlindungan Konsumen Moh. Saleh
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.v14i3.14927

Abstract

Consumer protection from the businessmen can be implemented if there is a healthy-law competition. It also contains two umbrella acts, they are, UU No. 5 The 1999 on the anti-trust application and the unhealthy-law competition; and UU No. 8 The 1999 on the consumer protection. Both acts provide clear guidance on how the businessmen implement a healthy-law competition in order the consumer obtain such protection. Although this has been legalised, the consumer rights are often overruled by the businessmen so that it will raise loss. To maximize the consumer protection, the information openness, the honesty and the seriousness of the businessmen become important things. Otherwise, the consumer will not believe the businessmen and it can threaten the continuity of the application from the businessmen themselves.
URGENSI HARMONISASI HUKUM PENGELOLAAN PERTAMBANGAN MINYAK DAN GAS BUMI LEPAS PANTAI DI ERA OTONOMI DAERAH Heriyandi Heriyandi
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.v16i3.15376

Abstract

 The management of off shore gas and oil mining in regional autonomy era is related to three categories of law regulations, namely the categories of regulations on mining, marine area and regional autonomy. Each regulation can reach its goals if one another works harmoniously, however, in reality these three categories of regulations are disharmonious, either in the principles of the objectives, institution authority, or law implementation area. Therefore, this paper will explain the importance of harmonization and the substance of regulations needed to harmonize.
PELAKSANAAN PRIVATISASI BUMD DI ERA OTONOMI DAERAH DALAM SISTEM HUKUM DI INDONESIA RHIDO JUSMADI
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.v16i1.15475

Abstract

Generally, the existing of Local Own Enterprise (LOE) was based on the willing of local government to intervene the economic life in that region. LOE as business instumen of the local government is valuable enough and gives benefits to the local development as part of the efforts to increase prosperous life in this era of regional autonomy. As stated in Indonesian Constitution 1945 Article 33, the local government (as representation of the state) has right to own LOE as company business. The need of owning this LOE by the local government is embodied in the Article 173 and 177 of the Law No. 32 of 2004. Privatisation now becomes an alternative that should be done by State Own Enterprise (SOE) but not by the LOE. It is because of there is, until now, no Law that regulates the privatisation in LOE. Now, the effort for privatisation still becomes the local policy of each local government. The policy of privatization, then, becomes the important need if it is based on the need to increase local government in the form of public services quality as well as increase its local budget development.
DISKRESI (FREIES ERMESSEN) OLEH PEJABAT PEMERINTAH RAMBU HUKUM, ALAT UKUR KEABSAHAN, DAN KECERMATAN DALAM PENGGUNAANNYA Ridwan Ridwan
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.v16i3.15367

Abstract

There is no law of which articles can embrace all aspects of the community life and various unpredicted events. Discretion is intended to implement the vague written laws (vagenormen) at the concret situation so the government function can be conducted in flexibility and effectivity. Even though the discretion is not based on the clear written law, or there is no written text at all, discretion is still bounded to the principle of validity (rechtmatigheid), in term of the authorithy, procedure, and substance. The legal sign of the discretion is clear and universal, but it is often adjusted to be in line with the needs of the users of the discretion. That kind of discretion is out of the real discretion context; it is a kind of authorithy and law abuse. The problem is not on the law, but it is on the manner of the discretion users.  

Page 45 of 52 | Total Record : 518

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