Jurnal Media Hukum
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.
Articles
518 Documents
<![CDATA[State Responsibility of Afghanistan Under Taliban Regime ]]>
<![CDATA[Aiyub Kadir, M. Yakub]]>;
<![CDATA[Nurhaliza, Siti]]>
<![CDATA[ Jurnal Media Hukum Vol 30, No 1: June 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v30i1.16020
<![CDATA[Serious concerns on the rights of Afghanistan’s women and girls have been raised ever since the Taliban returned to power on 15th August 2021. This paper uses a normative methodology to investigate the discrepancy of legal argument in the international law of succession in terms of status of Taliban within the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) framework. This paper confirmed that the Taliban is the de facto government of Afghanistan as the Taliban have effective and integrated control over a state territory and there is no competing entity with a solid constitutional claim. Therefore, the Taliban is bound by international law to guarantee that women enjoy equal educational rights, including access to school and curriculum. However, the current framework of CEDAW, including the CEDAW committee has not be able to cope with such issues, as it should be reformed in the next future.]]>
<![CDATA[Child Soldier Ban: An International Regulatory Discourse ]]>
<![CDATA[Manuel Campos Lago]]>
<![CDATA[ Jurnal Media Hukum Volume 30, Number 1, June 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v30i1.17618
<![CDATA[Children are frequently turned into child soldiers or used as human shields in armed conflicts. The use of child soldiers is condemned by all nations and is regarded as a grave breach of both children's rights and international humanitarian law. The paper aims to discuss pertinent provisions of international legal norms, particularly those that relate to child soldiers in the sequence of their adoption. Additionally, it presents the issue of the implementation of several international conventions on the issue of using child soldiers and its atrocities in the international community. As the result, when it comes to addressing the issue of child soldiers, the international legal sources do not present a consistent picture. There has been a various provision in the determination of minimum age of a child that led to major debates among international communities. The situation is further exacerbated by the fact that, while some countries have accepted the convention as binding on themselves, their implementation faces significant challenges, such as the fact that the majority of international treaties lack sanctioning power, limiting their ability to properly accomplish the preventive purpose.]]>
<![CDATA[Policies to Control and Evaluate Regional Regulations on Taxes and Levies in Indonesia: Re-centralisation? ]]>
<![CDATA[Ambarwati, Sinta Devi]]>;
<![CDATA[Sudarsono, Sudarsono]]>;
<![CDATA[Hadiyantina, Shinta]]>
<![CDATA[ Jurnal Media Hukum Vol 30, No 1: June 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v30i1.14172
<![CDATA[The research analyses whether the regulations concerning the mechanisms of control and evaluation of regional regulations on taxes and levies, as outlined in Law No.1 of 2022, comply with the concept of regional autonomy in Indonesia. With normative juridical approach, this research found that the mechanisms of control and evaluation of regional regulations on taxes and levies do not comply with the concept of regional autonomy. However, such mechanisms are required in Indonesia as a unitary state that is based on autonomy, since no system of autonomy works in the absence of control. Nonetheless, in this case, the supervisory authority given to the central government, in the form of preventive and repressive supervision, tends to cause too much interference in the process of shaping policies regarding regional taxes and levies, which should be within the authority of regional governments. Therefore, assertive and specific provisions should be made to prevent intervention by the central government that goes beyond what is required]]>
<![CDATA[Public Participation in the Law-Making Process in Indonesia ]]>
<![CDATA[Wardana, Dodi Jaya]]>;
<![CDATA[Sukardi, Sukardi]]>;
<![CDATA[Salman, Radian]]>
<![CDATA[ Jurnal Media Hukum Vol 30, No 1: June 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v30i1.14813
<![CDATA[Participation from the general public is an essential component that must be taken into account during the legislative process. It is essential to the operation of laws in a country and includes the participation of society in the legislative process. This is particularly important in terms of the rule of law, the hierarchy of legal norms, and the operation of the law in its entirety. The purpose of this research is to evaluate the significance of public participation in the legislative process in Indonesia as well as the potential repercussions of excluding this procedure from the legislative process. For the purpose of carrying out this research, normative legal research that takes both a statutory and conceptual strategy was utilized. According to the findings, public participation offers a variety of possibilities for involvement, in accordance with the requirements of Article 96 of Law Number 11 of 2012 on the Formation of Regulations (UU P3). Due to this, the importance of public participation cannot be overstated, despite the restricted channels through which members of the public can communicate their thoughts and goals.]]>
<![CDATA[Corporate Social Responsibility under the Maqasid Syariah Concept in Malaysia: Why Does it Matter? ]]>
<![CDATA[Abd Aziz, Hartinie]]>;
<![CDATA[Abd Ghadas, Zuhairah Ariff]]>;
<![CDATA[Ossofo, Assane Buana]]>
<![CDATA[ Jurnal Media Hukum Vol 30, No 1: June 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v30i1.16916
<![CDATA[Corporate Social Responsibility (CSR) is an essential component of the shariah corporation framework. In the current corporate model, CSR is still an option rather than a company objective. The need for CSR is still being debated among companies, with some believing that it is in the long-term self-interest of a business to be socially responsible, while others view CSR as weakening a business's primary purpose. Islamic law requires Muslims to not only be governed by the al-Quran and as-Sunnah but also to be subject to the objective of Syariah, namely Maqasid Syariah. The research aims to provide analysis and recommendations to improve the practice of CSR according to the concept of Maqasid Syariah. This qualitative research used doctrinal legal method with employing secondary data. The outcome of this research is significant as a basis for law reform to develop a Shariah Compliant Corporation. It is crucial to incorporate CSR into the Shariah-compliant business model to ensure that businesses are responsible not only for maximizing profits but also for contributing positively to society. The incorporation of CSR into the Syariah-compliant business model is crucial in achieving the objectives of Syariah, namely, the promotion of human welfare, justice, and sustainability]]>
<![CDATA[Prohibition of Child Recruitment as Soldiers: An International Regulatory Discourse ]]>
<![CDATA[Arumbinang, Mohammad Hazyar]]>;
<![CDATA[Gunawan, Yordan]]>;
<![CDATA[Salim, Andi Agus]]>
<![CDATA[ Jurnal Media Hukum Vol 30, No 1: June 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v30i1.19322
<![CDATA[Children are frequently turned into child soldiers or used as human shields in armed conflicts. The use of child soldiers is condemned by all nations and is regarded as a grave breach of both children's rights and international humanitarian law. The paper aims to discuss pertinent provisions of international legal norms, particularly those that relate to child soldiers in the sequence of their adoption. Additionally, it presents the issue of the implementation of several international conventions on the issue of using child soldiers and its atrocities in the international community. As the result, when it comes to addressing the issue of child soldiers, the international legal sources do not present a consistent picture. There has been a various provision in the determination of minimum age of a child that led to major debates among international communities. The situation is further exacerbated by the fact that, while some countries have accepted the convention as binding on themselves, their implementation faces significant challenges, such as the fact that the majority of international treaties lack sanctioning power, limiting their ability to properly accomplish the preventive purpose.]]>
<![CDATA[Shifting Polri's Law Enforcement Strategy: Restorative Justice for Public Trust ]]>
<![CDATA[Firdaus, Muhammad]]>;
<![CDATA[Dwilaksana, Chryshnanda]]>;
<![CDATA[Onielda, Muhammad Daffa Auliarizky]]>
<![CDATA[ Jurnal Media Hukum Vol 30, No 2: December 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v30i2.18628
<![CDATA[Restorative justice has gained importance within the Indonesian National Police as a means of law enforcement and security services in the era of globalization and modernization. This approach offers a humane alternative that focuses on the recovery of victims and offenders, aiming to prevent crime and resolve conflicts. The police have transitioned from a purely punitive approach to embracing restorative justice principles. Community policing is crucial for reducing crime rates and fostering public trust. The challenge lies in shifting the law enforcement paradigm towards restorative justice and implementing community policing to build public trust. The research methodology involves normative legal research with an empirical approach, employing a descriptive-analytical nature. Secondary and primary data are used for analysis. Qualitative analysis and deductive conclusions are drawn. Findings indicate that the integration of restorative justice within community policing is an effective solution to improve the relationship between the community and the police. It is recommended that the police introduce the restorative justice approach in their community policing programs, thereby shifting the law enforcement paradigm and fostering public trust. This research emphasizes the significance of restorative justice in the context of community policing and its potential impact on law enforcement practices and public perception of the police]]>
<![CDATA[The Legal Issues Concerning the Operation of Fin-Tech in Nigeria ]]>
<![CDATA[Aidonojie, Paul Atagamen]]>;
<![CDATA[Majekodunmi, Toyin Afolabi]]>;
<![CDATA[Adeyemi-Balogun, Omolola Janet]]>
<![CDATA[ Jurnal Media Hukum Vol 30, No 2: December 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v30i2.18337
<![CDATA[Technology has greatly enhanced the developmental process of the global environment. It suffices to state that, Nigeria being a developing country is also having its fair share in the use of technology within the financial sector. This is concerning the fact that the traditional method of financial activities is gradually overtaken by financial technology. However, despite the prospect of finance and technology (Fin-Tech), there are several legal issues and challenges affecting its operation in Nigeria. In this regard, this study tends to embark on a hybrid method of study on the prospect and legal issues concerning Fin-Tech in Nigeria. The questionnaire was distributed to 301 respondents residing within Nigeria. The data obtained was analysed through descriptive and analytical statistical methods. The study, therefore, found that the introduction of Fin-Tech has greatly enhanced the commercial sector in Nigeria. Although, several challenges include the legality of its operations, other social and economic challenges could affect its smooth operation. The study concluded and recommended the necessity for legal regulations, internet security, educating the general public on the Fin-Tech system, and alignment of Fin-Tech operations with Nigerian laws for a smoother adoption of Fin-Tech in Nigeria.]]>
<![CDATA[Unveiling Ethical Implications: AI Robot Accountability in Islamic Context ]]>
<![CDATA[Hamsin, Muhammad Khaeruddin]]>;
<![CDATA[Anggriawan, Rizaldy]]>;
<![CDATA[Jiatrahman, Farisma]]>
<![CDATA[ Jurnal Media Hukum Vol 30, No 2: December 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v30i2.18524
<![CDATA[The world is currently experiencing what is known as industry 4.0, a fusion of business and IT where robots and other forms of artificial intelligence are massively utilized. The fact that robots are now a regular part of people's lives raises novel liability issues. The research aims to address the questions whether artificial intelligence robots can be accepted as ethical and legal subjects in Islamic perspective. It also considers whether it is necessary to grant legal personality to robots and hold them liable for their decisions and conducts. The research is doctrinal legal research where the analysis was presented within the context of Islamic viewpoints in a descriptive-structured way. The result demonstrates that robots with artificial intelligence fall under the definition of jamadat. No matter how sophisticated, an artificial intelligence cannot have a biological vitality. Therefore, only humans have the potential to possess rights and be held liable for their actions. Robotic artificial intelligence systems lack the capacity to be regarded as responsible entities in this sense, to inflict legal sanctions on activities that are the result of algorithms, and to be held accountable for both civil and criminal offenses.]]>
<![CDATA[Digitalization of Islamic Banking in Indonesia: Justification and Compliance to Sharia Principles ]]>
<![CDATA[Ichsan, Muchammad]]>;
<![CDATA[Fitriyanti, Fadia]]>;
<![CDATA[Setiorini, Kusumaningdiah Retno]]>;
<![CDATA[Al-Qudah, Adam Ma'abdeh]]>
<![CDATA[ Jurnal Media Hukum Vol 31, No 2 (2024): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.v31i2.22485
<![CDATA[Technological sophistication is observed to be increasing the necessity for digitalization of Islamic banks in Indonesia to avoid being abandoned by their customers, as conventional banks rapidly advance their digital offerings and set higher expectations for financial services. However, these banks are required to comply with Sharia principles for their products and services. This study was conducted to analyze the justification of digitalization of Islamic banking system and compliance of the digital services implemented to Sharia principles. It employed doctrinal legal study methods. Data were retrieved from literature references and were analysed qualitatively using a conceptual and statutory approach. The results showed several reasons to justify digitalization of Islamic banking system and these include the current demand for digital products and services, the prevalence of the millennial generation, and the legal backing provided for the advancement in Indonesia. These principles mandate that Islamic banks must avoid practices involving maisir (gambling), gharar (obscurity), haram (prohibited activities), riba (usury), and zalim (injustice). This study is novel in its comprehensive analysis of how digitalization can be harmonized with Sharia principles in the Indonesian context, providing a unique legal and practical framework for Islamic banks aiming to modernize their services while maintaining religious compliance.]]>
