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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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Corruption During Non-Natural Disaster: Is Death Penalty Necessary? Faisal Abdaud; Ming-Hsi Sung; Wahyudi Umar
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.v29i1.14247

Abstract

Extraordinary measures are needed to combat corruption in Indonesia which has been characterised as an extraordinary crime. This includes the application of death penalty as governed in Section 2 point (2) of the Corruption Eradication Act 1999. This paper intends to analyse the implementation of the aforementioned article on corruption case that occurs during the COVID-19 outbreak. This normative legal research relies on secondary date which are collected from various sources including books, journals, related legislation. The result of the research shows that,  in regard to corruption case, the death penalty is only applicable when the corruption is committed in certain circumstances as intended in Section 2 point (2) of the Corruption Eradication Act 1999  and its amendment. These include the event of state emergency and national natural disaster. By virtue of the principle of legality, death penalty cannot be applied to the corruption cases that occurs during the national non-natural disaster like the Covid-19 pandemic. Reinterpretation of the phrase "certain circumstances" is needed for the sake of promoting justice. They should include national non-natural disasters like the Covid-19 pandemic.
Child Marriage within the Sea Tribe of Kelumu Island: Issues and Problems Winsherly Tan
Jurnal Media Hukum Vol 29, No 2: December 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i2.14027

Abstract

Sea Tribe is a group of indigenous people on Kelumu Island entrenched in the practice of child marriage. This study aims to analyze the law’s implementation on marriage and its impacts on the marine tribal community of Kelumu Island using empirical/socio-legal research methods. Furthermore, the primary legal data used are the 1945 Constitution, Law Number 16 of 2019 concerning Marriage, 35 of 2014, and Law Number 35 of 2014 concerning child protection, and Number 20 of 2003 on Marriage, Child Protection, and National Education System. The Theory of Legal Effectiveness by Soerjono Soekanto was also used. The results showed that the implementation of the marriage law in the Sea Tribe community of Kelumu Island has not yet been classified as adequate. The implementation of the marriage law in the marine tribal community is classified as ineffective when measured by Soerjono Soekanto’s Theory of Legal Effectiveness. This is due to the weakness of several existing factors, namely legal factors, law enforcement, infrastructure, maturity and local communities. Meanwhile, the impact of child marriage is the loss of the children’s right to education and health.
Editorial Foreword admin jmh
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.v24i1.15820

Abstract

Editorial Foreword
Disaster Mitigation in Coastal Areas: Perspective of the Indonesian Spatial Planning Law Dyah Ayu Widowati
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.v29i1.14685

Abstract

This article is a critical analysis on spatial planning with regard to disaster mitigation in coastal areas. The author explores the concepts and regulations of disaster mitigation and spatial planning in Indonesian coastal areas to identify how spatial planning works in terms of disaster mitigation in coastal areas and the roles of stakeholders in disaster mitigation in coastal areas in the context of the spatial planning law. This normative legal research was conducted by examining secondary data from relevant books, journals, and published documents. This study finds out that, first, according to the Spatial Planning Law, Management of Coastal Zone and Small Islands Law, Disaster Management Law, Job Creation Law, and their derivative regulations, there have been regulations mandating spatial planning as a non-structural mitigative measure with regard to disaster management in coastal areas. Second, in terms of spatial planning and disaster mitigation, the government is the dominant stakeholder, while the role of non-government stakeholders is not expressly provided for which may eventually result in "tokenism" participation in disaster mitigation in coastal areas.
Legal Issues Concerning Food Poisoning in Nigeria: The need for Judicial and Statutory Response Paul Atagamen Aidonojie; Esther Chetachukwu Francis
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.v29i1.12595

Abstract

Food is essential to man's existence, giving the popular saying that a healthy feeding often determines a healthy living of an individual. However, it has been observed that given the high rate of food insecurity in Nigeria, it has resulted to a high influx of numerous food producers producing substandard products or food that could cause food poisoning. Given this, the study made use of a doctrinal and non-doctrinal method of research method in examining the causes and dangers of food poisoning in Nigeria, how effective statutory laws are, and judicial attitude towards cases of food poisoning. The study adopted an online survey questionnaire distributed to 347 respondents (randomly selected) living in various states in Nigeria. Analytical and descriptive statistics were used to analyze data generated from the online questionnaire. The study, therefore, found that most Nigerians have suffered from food poisoning arising from poor processing, storage, and preservation of harmful substances. It was therefore concluded and recommended that, there is a need for statutory response and judicial activism in curtailing the sale of food that could cause food poisoning. Furthermore, food inspector agencies should often conduct routine inspections of public and private food processing factories or vendors
A Libertarian Legitimacy for Mandatory Covid-19 Vaccination Yudi Setiawan; Zaid Zaid; Nanik Prasetyoningsih; Mahbub Pasca Al Bahy
Jurnal Media Hukum Vol 29, No 2: December 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i2.14313

Abstract

Since its inception, the 2019 coronavirus disease (Covid-19) outbreak has become a major health problem. At the same time, countries worldwide have been waiting for a Covid-19 vaccine to be sufficiently available. When the Covid-19 vaccine became available, several countries began to adopt mandatory Covid-19 vaccination policies. However, mandatory Covid-19 vaccination has received strong opposition from the start. Rejections have emerged from various parties, including from libertarians. The researcher observes that the current research attempting to analyze the mandatory Covid-19 vaccination still revolves around the perspective of human rights and utilitarianism. Then, this study aims to explore and find out how the libertarian perspective toward mandatory vaccination. Normative research methods with conceptual and comparative approaches were used in this study. After analyzing secondary data sources with prescriptive analysis methods, this study finally succeeded in finding that mandatory Covid-19 vaccination has its place, legitimacy, and justification on the ideological side of libertarianism. It is because libertarians accept that the government may require a mandatory vaccination program against Covid-19. In addition, due to the libertarian framework, the government is still justified in enforcing coercive policies that violate the rights of certain individuals if the policy is necessary to avoid greater harm to others.
Equity Interest Scheme in Polymetallic Nodules Deep Seabed Mining: The Positives and Negatives Agustina Merdekawati; I Made Andi Arsana
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.v29i1.13770

Abstract

UNCLOS 1982 initially obliged all applicants to submit a reserved area when applying for exploration activities in the Area. Such provisions were derogated when the equity interest scheme was introduced in the exploration regulations for polymetallic sulphides and cobalt-rich ferromanganese crust. The applicant may choose to submit a reserved area or offer an equity interest in a joint venture with the Enterprise. There has been a push to implement the same policy for polymetallic nodule (PMN) explorations. Although this prospect has sparked much support and rejections, there have been no scholarly articles substantiating such alignment's positive and negative impacts. Applying the scheme for all three types of minerals may significantly impact the implementation of the common heritage of mankind principle in the Area. This article normatively assesses the prospect of incorporating the equity interest scheme into the PMN utilization regime to identify its advantages and disadvantages compared to the reserved area scheme. The study found that incorporating the equity interest scheme for PMN would be oriented to optimize the financial benefits. However, it would further compromise the access for developing countries.
Earth Observation Applications and the Right to Privacy: Within and Beyond the COVID-19 Pandemic Yuran Shi
Jurnal Media Hukum Vol 29, No 2: December 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i2.14435

Abstract

Earth Observation (EO) applications interact with many industries and government practices. When EO applications touch upon data being able to identify individuals or certain groups, the processing methods adopted therein entail the balance between public interests in EO applications and the values of privacy protection. It then raises the question of whether and to what extent the EO data comes under privacy protection. This study builds on the methodologies of positive law analysis and normative analysis, with supplementary discussions on the role of EO applications in the COVID-19 pandemic. In recognising the conclusion that the right to privacy entails restrictions on data processing within EO applications, the principle of proportionality calls for solutions to fill the gaps in the regulatory framework. Though legislative solutions are possible in theory, it is not an easy job to get consensus among States in practice. A more appropriate solution lies in introducing a privacy ranking regime internationally, with supplementary enforcement practices on the regional and national levels.
Meta-Mortgaging: Islamic Law Review on Marhūn Issues Fauzan Muhammadi; Deslaely Putranti; Chrisna Bagus Edhita Praja; Alda Kartika Yudha
Jurnal Media Hukum Vol 29, No 2: December 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i2.16959

Abstract

To this date, technology has seen massive development and, it influences the economic field. The emergence of the metaverse has become an inevitable part of this progress. It serves as a digital world, wherein everyone is able carry out a vast array of activities, including economic transactions. The emergence of digital assets, that has encouraged serious discussion, is inseparable from Islamic law. One of these digital assets is the Non-Fungible Token (NFT). This digital asset is the focus of this study, specifically on for its posibility to become material guarantees. This article employs a qualitative study and presented descriptively through the perspective of Islamic law. The result of this study is that the pledged-object (marhūn) has certain primary conditions for it to be functional, namely: it is a property, it has value, it can be traded, its asset value is clearly known, and it is actually owned by the guarantor (rāhin). The concept of marhūn as a valuable object ultimately answers that NFT is included in the marhūn category. However, since NFTs do not stand alone if the transaction currency used in the metaverse is cryptocurrencies, al-rahn transactions using NFTs become less favourable considering Cyrptocurrency is deemed to be haram.
The Role of the Sarak Opat in Resolving Minor Crimes Suhartini Suhartini; Achmad Surya
Jurnal Media Hukum Vol 29, No 2: December 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i2.14471

Abstract

The Sarak Opat as one of the customary institutions in Aceh have been authorized to settle disputes of minor cases at the village level in Central Aceh, Aceh, Indonesia. This is guaranteed by the applicable  laws and regulations. However, the practice of resolving minor cases is currently delegated to the judiciary. Therefore, this study was a legal empirical or sociological research to analyze primary and secondary data in Central Aceh Regency. Data collection method employed were direct interviews with selected informants, and the collected data were processed in qualitative analysis method. The results showed that the role of the Sarak Opat customary institution in resolving minor cases in the Gayo community in Central Aceh has a strong legal basis as mandated by various national and regional legal policies. Subsequently, the customary institution has two considerations in delegating minor criminal cases to the judiciary. First, the litigants are dissatisfied with the sanctions decided by Sarak Opat. Second, the officials of Sarak Opat lack understanding of their authority as a customary justice institution.

Page 48 of 52 | Total Record : 518

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