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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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IMPLEMENTASI HAK KONSUMEN PASCA PEMBERLAKUAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN: A BREACH OF SOCIAL JUSTICE? Budianto, Agus
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The implementation of Consumer Protection Act which has shown the struggle to create equality of social justice between business people and consumers still remains a binding norm. On the other hand, ignorance or infringement of consumer rights can be interpreted as a breach of social justice, because the breach of social justice is defined not as a infringement of social norms, but interpreted as an infringement of consumer rights stipulated in the Constitution of the Republic of Indonesia in particular and the rights of the public in general, as mandated in the concept of welfare state. The concept of welfare state is not an abstract concept in consumer protection law, as mandated in Article 29 verse (1) Consumer Protection Act, that a state has roles in ensuring the fulfillment of consumer rights stipulated in the constitution or in other provisions. Thus, a  state has the obligation in creating equitable welfare through laws which is equal for all parties.Keywords: Consumer Protection, Social Justice
RIGHT TO PROPERTY: THE LAND ACQUISITION ACT 1960 AND THE SHARIAH PERSPECTIVE Mohamad, Nor Asiah Bin; Sufian, Azlinor; Harun, Azmi; Amin, Naemah
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Jurnal Media Hukum

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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.Key words: Land, Land Acquisition, Property, Shariah, Federal Constitution
ASAS HUKUM DALAM UNDANG-UNDANG NOMOR 39 TAHUN 2004 UNTUK MEWUJUDKAN PENEMPATAN DAN PERLINDUNGAN TENAGA KERJA INDONESIA YANG BERMARTABAT Husni, Lalu
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Legal principles (rechtsbeginselen) in Act No. 39, 2004 have not been fully translated as fundamentals in the establishment of legal norms (rechtsnormen) of placement and protection of Indonesian Migrant Workers. The principles which have been translated are the principle of equal rights, the principle of social justice, the principle of equity and justice of gender, and the principle of human trafficking/trafficking in person. The principle that has not been completely translated is the principle of integration. While, the principles which translations could not be found separately are the principle of democracy and the principle of non-discrimination. In order to protect the Indonesian Migrant Workers as dignified human beings, the legal principles should be reviewed again by adding new principles, that is, principle of humanity and principle of state responsibility as the philosophical foundation of the placement and protection of migrant workers in the future.Keywords: Legal principles, The Placement and Protection of Dignified Indonesian Migrant Workers.
PERLINDUNGAN HUKUM BAGI PENJUAL DALAM PERJANJIAN JUAL BELI KOMODITI AGRO DI PASAR LELANG FORWARD DI DAERAH ISTIMEWA YOGYAKARTA Heriyani, Endang; Yuniarlin, Prihati
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The study on legal protection for Seller in Purchase Agreement of Agro Commodity in Auction Market in Special Territory of Yogyakarta was a normative and sociological legal research. This study aimed at knowing how the purchase agreement of agro commodity in forward auction market was applied, and how the legal protection for seller in purchase agreement of agro commodity in forward auction market was. The data used were secondary and primary data. The result of the study showed that the purchase of agro commodity in forward auction market. Legal protection for seller in purchase agreement of agro commodity in forward auction market was acquired from 3 (three) things: (a) The legal protection given by government, it was given through the legislation by the issue of the Decree of Ministry of Industry and Trade of Republic of Indonesia Number 650/MPP/Kep/10/2004 on terms of Operation of Auction Market with Forward Transfer of Agro Commodity. (b) The legal protection from the purchase agreement of agro commodity, the agreement made by the parties applied as the law for all parties; and (c) The legal protection in dispute, the problem was solved by a discussion. If the discussion made no result, arbitration would be done. Key Words: legal protection, purchase of agro commodity, forward auction market.
BENTUK-BENTUK PENERAPAN NORMA HUKUM ADAT DALAM KEHIDUPAN MASYARAKAT DI JAWA TENGAH Mulyono, Sutrisno Purwohadi
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The existence of customary law in the life of central java people has existed for a long time, the rules of law that accommodate and legalize have been there and stratified from the beginning to the level of the basic law to the operation of the rules. Reseach problem: How is the customary forms the rule of law in the life of Central Java people? Research aim, to find out the application forms of customary law in the life of Central Java people. Research kind is policy research. Research type is empirical juridic research. The research characteristic is descriptive with purposive and stratified sampling approach. Primar and secondary data use interview and document. The research method is analytical qualitative. The research result shows, the existence of customary law in the implementation in the people life has existed for a long time. However, there are diversity forms in its application, some directly and some indirectly, depending on the characteristics of the place and time where it is applied. Suggestion, The need for unity indigenous manifested in village administration in order to facilitate social interaction between citizens, in the diversity and protection against right indigenous people.Keywords: Application Forms, Akad, Customary Law, People Life.
INVENTARISASI INSTITUSI ADAT REJANG DALAM RANGKA PENYUSUNAN KOMPILASI HUKUM ADAT REJANG Herlambang, Herlambang; Abdi, Muhammad; Harjanto, Andry; Yamani, Muhammad
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The research aims at finding values, principles, and norms of customary law in Indonesia that are necessary to improve the concept of rule of law in Indonesia. One of the customary laws that still exists in Indonesia is Rejang customary law (Hukum Adat Rejang) which applies in Rejang society, Bengkulu Province. The existence of Hukum Adat Rejang as customary law is influenced by values of kinship, community groupings and pattern of traditional Rejang tribes. In order to find and identify such norms, a legal anthropological research with a qualitative research would be used. The research was conducted at the District of Rejang Lebong, Lebong, and Kepahyang. The result of the research shows that kinship system of Rejang is based on patrilineal or matrilineal system. Rejang tribes consist of four tribes, they are Petulai Tubeui or Tubai, Petulai Bemani or Bermani, Petulai Jekalang or Jurukalang, Petulai Selupue or Selupu. There are some norms that could be identified in Rejang customary law, namely Bemaling, Menebo, Tikam, Sigar Kulit, Cucuk Kulit, Mea Bayang Daleak, Iram Coa Badaleak, Iram Badaleak, Tukak Takek Kukuk, Membalew, Cido Celako, Kejujung Tenggak, Mendaur Tenggak, Samun, Upet, Dawa, Sumbang, Johong Permayo, Mbut, Tambang, Pascas Poncong, Tepeket, dan Kerineak.Key words: Rejang customary law, institution of adat Rejang, compilation of adat Rejang
ARBITRASE NASIONAL DENGAN ARBITRASE SYARIAH: SUATU KAJIAN PERBANDINGAN Fitriyanti, Fadia
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Jurnal Media Hukum

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Abstract

In the business world, of course, many considerations that underlie the business actors to choose arbitration as a dispute resolution efforts for dispute that will or they face. Among the advantages of arbitration over court based on Arbitration Act are the parties can choose the arbitrator. Although in the arbitration the parties can select arbitrators who are experts in their fields, seem the consideration to establish BASYARNAS (The National Sharia Arbitration Board) at first certainly raises the pros and cons. Based on the description of the background of  the above problems then the formulation of the problem is how the comparison between national arbitration and sharia arbitration where the discussion focused on Rules and Procedures of BANI  (The Indonesia  National  Board  of Arbitration) and BASYARNAS. The substance of  similarities between  National arbitration and Sharia arbitration in the same way of resolving disputes other than through the courts or alqadla. With regard to the legal basis for the enactment of a national arbitration refers to Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution, while sharia arbitration is not set explicitly in the Law No. 30 of 1999 even in this act there is no article that offends the existence of sharia arbitration.The existence of sharia arbitration is recognized in the elucidation of Article 59 paragraph 1 of Law Number 48 of 2009 concerning the judicial power, which reads referred to arbitration under the provisions of the law including the sharia arbitration.There are some differences between national arbitration and sharia arbitration, the differences are the source of law, the legal principle , the jurisdiction of authority, pre-hearing phase, hearing phase and enforcement of the arbitral award phase.Keywords: National Arbitration, Sharia Arbitration , Comparative Study
LEMBAGA PERADILAN DALAM PERSPEKTIF PEMBARUAN HUKUM Hoesein, Zainal Arifin
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Jurnal Media Hukum

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Abstract

The study aims at knowing the judicial power in legal reform perspective. In principle the rule of law, all public policy and election of public officials must be based on the rule of law. To realize the principle of supremacy of law, then one major factor is the presence of the judiciary is the embodiment of judicial power is independent, and authoritative. Law enforcement can not be regarded merely as a process of applying the law, however, has a broader dimension especially with regard to the dimensions of human behavior. The legal problems that will always stand out is the problem of "law in action" and not "law in the books". The judge is not only a spokesman for the law, but even further is the spokesman for law and justice. This means that the judiciary function as an institution that is able to translate the law in concrete when dealing with written legal norms/laws, and even be able to find the law, when a legal vacuum. In this perspective the judiciary can function as a locomotive of legal reform, if the judiciary can run freely and independently, and adhering to the principles of justice and expediency.Key words: Judiciary, Legal reform, and independent
KAJIAN TENTANG PELAKSANAAN PENCATATAN SIPIL DITINJAU DARI PERSPEKTIF UU NO. 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN DI KABUPATEN BANTUL Suwarni, Sri
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The research aims to figure out the implementation of vital statistics  in Bantul Regency that in line with Law No.23/2006, to find out problems in the implementation of this vital statistics, and to define efforts done by the officials in dealing with problem in the implementation of vital statistics with the presence of aforementioned regulation. This research was conducted in both library and field research methods. The data attained from both library and field research, analyzed in qualitative approach. Law No. 23/2006 has recently been implemented in Local Regulation of Bantul Regency No. 26/2008 on the implementation of demographic administration and Bantul Regent Regulation No. 16/2008 on Birth Certificate Record. Problems occurred on vital statistics during transition period of Law application are quality of human resources which is frankly speaking still insufficient to deal with high demand from the residents on service of official documents, especially birth certificate, and deficiency of facilities to support the implementation of vital statistics. The officials has conducted Demography and Vital Statistics Service in order to meet the high demand on providing official documents, are maximizing its service and using available facilities in Demography and Vital Statistics Service, also in Licensing Service.Keywords: demographic administration, vital Statistics, Licensing Service.
POLITIK HUKUM PENANGGULANGAN TINDAK PIDANA PERIKANAN Rifai, Eddy; Anwar, Khaidir
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The study examines the political response to the crime of fisheries law, where criminal offenses prevention fishery does not operate effectively so that the results can only be overcome small fishermen. The research method uses juridical normative and empirical research sites in Lampung Province. The results showed that the politics of law including the formulation of policy or legislation making, policy application and execution or implementation of the legislation and enforcement of criminal law. Legislation on fisheries contained in the Fisheries Act has adequate set of law enforcement against criminal acts fishery, but there are obstacles in the application and execution stages, such as barriers in terms of law enforcement, infrastructure and public awareness.

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