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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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The Phenomenon of Divorce during the Election Period in the Perspective of Islamic Law Setiyawan, Deni; Tuasikal, Hadi; Karana, Hafidz Adhi
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.21868

Abstract

This article delved into the perspectives of Islamic law about the divorce phenomena as it pertains to the election period. This phenomenon has been the subject of very little research about Islamic law. Legal anthropology brings an Islamic and conceptual studies perspective to this study technique. Consequently, this study aims to provide an Islamic perspective on these events and analyze them from a legal Islamic perspective. This article explained that ikhtilaf happened throughout the Islamic culture. During the election period, societal shifts inside the family led to the dissolution of the marriage. Since political opinions do not constitute nusyuz against the spouse, Muslims are free to have differing views on this matter. Only in religious issues is a woman bound to obey her husband. Thus, divorce is forbidden in Islam because of disparities in personal decisions. This study is expected to provide the groundwork for Islamic law and help families work through disagreements over political candidates during election period.
ICC Jurisdiction: Against Israeli War and Humanitarian Crimes Targeting Palestinian Civilians 2023 Soraya, Ninda; Muhammad, Ali; Ladiqi, Suyatno
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.20938

Abstract

The article explains the jurisdictional policy of the International Criminal Court (ICC) regarding Israeli war crimes targeting Palestinian civilians, during the attack on Gaza on October 7, 2023. The article shows that based on articles of the Rome Statute, Israel committed war crimes and crimes against humanity that occurred on October 7, 2023.  therefore, the ICC has authority in this matter. ICC policy towards conflict 7 October 2023, ICC jurisdiction took action to continue the investigative process and will accelerate investigations related to the conflict, while Israel in 2024 and the latest update is not part of the non-member states of the ICC. However, given the jurisdiction of the ICC, it has jurisdiction regarding its investigations in countries that are not parties to the ICC. This is influenced by several factors in upholding the ICC's jurisdictional investigation law against Israeli criminals even though Israel is not an ICC member state: First, Palestine is a state party to the ICC which is supposed to provide justice for civil society. Second, there is pressure and encouragement from member countries and non-member countries of the ICC to carry out investigations regarding the conflict attack in October 2023.
Historical Study of the Neutrality Arrangements of the State Civil Apparatus in General Elections in Indonesia Sarnawa, Bagus; Khaer, Fawaz Muhammad
Jurnal Media Hukum Vol 31, No 2 (2024): December
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.22618

Abstract

This research aims to determine the neutrality regulations of civil servants in general elections. To achieve this goal, analysis was carried out on secondary data or library materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. To complete secondary data, interviews were conducted with sources consisting of experts in the field of civil service law and general elections, as well as practitioners such as the State Civil Service Agency, the State Civil Service Commission, and the General Election Supervisory Agency of the Republic of Indonesia. This research applied a statute approach and combined it with a historical approach and a conceptual approach. The results of the research showed that from 1966 until now, the regulation of the neutrality of the State Civil Service in general elections has undergone changes in the subject and object of its regulation. However, this arrangement has not been able to guarantee the neutrality of the State Civil Service in general elections. This is inseparable from the political system, which does not yet support the realization of neutrality of the State Civil Service in General Elections.
Reflections on the Dismissal of Theft Charges Through Prosecutor's Restorative Justice House in Lampung Kusworo, Daffa Ladro; Abdulkadir, Abdulrazaq Owolabi; Fauzi, Maghfira Nur Khaliza
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18384

Abstract

The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases by seeking to resolve cases solely outside of court. The implementation of restorative justice-based prosecution termination can be applied to theft, which has the highest number of cases in Indonesia. This is because the Covid-19 pandemic created a moral crisis that led to a drastic increase in theft crimes in Indonesia, disrupting economic stability. Recently, restorative justice houses have been established in each jurisdiction of the prosecutor's office to optimize the resolution of legal problems by filtering cases that go to court, disseminating law to local residents, and involving local traditional leaders to develop local wisdom and emphasize consensus deliberation. The research approach used a normative juridical method, referencing laws and regulations sourced from primary data and literature studies on criminal law in Indonesia, which were then processed to draw specific conclusions. The study's results show that humanist restorative justice houses are an alternative for solving theft cases. The embodiment of restorative justice in a hybrid way within the prosecutor's office will establish it as a humane law enforcement agency in Lampung province.
Implementation of International Arbitration Awards in Indonesia from the Perspective of Legal Value Theory Sari, Niken Junika; Zulfikar, Ahmad Arif; Dorlah, Sulaiman
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.20026

Abstract

Establishing an arbitral institution aims to resolve business disputes swiftly and conclusively, with arbitration's finality and binding nature being key principles. However, Indonesian arbitration law requires exequatur from the Central Jakarta District Court to enforce an international arbitration award, leading to delays and complications. A notable instance involved the annulment of an international arbitration award due to ambiguous norms. This study employs a normative research methodology with a theoretical approach to highlight the misalignment between international arbitration awards in Indonesia and Gustav Radbruch's Theory. The findings indicate that the lack of a balanced approach to justice, conflicting norms resulting in legal uncertainty, and the failure to provide benefits to all parties contribute to this misalignment. According to Radbruch, law aims to achieve justice, legal certainty, and expediency, with clear and logical provisions necessary for legal certainty and laws serving the diverse interests of all parties for expediency. The issuance of the Republic of Indonesia Supreme Court Regulation No. 3 of 2023 represents an effort to improve Indonesia's arbitration law. Revising Indonesian arbitration law is essential to align it with Radbruch's Theory, ensuring justice, legal certainty, and expediency in international arbitration awards.
A Comparison of Legislative Election Systems in Indonesia and Malaysia Nugroho, Rahmat Muhajir; Asmorojati, Anom Wahyu; Setyaningrum, Wita; Shuaib, Farid Sufian
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.21485

Abstract

The article aimed to analyze the comparison of electoral systems in Indonesia and Malaysia due to relevant differences and similarities. In Malaysia, the legislative election system was implemented to elect members of the People Council using a district platform. Meanwhile, Indonesia used an Open Proportional system to elect members of the National and Regional Representative Councils. A total of three aspects were also compared between both countries through a legal research and comparative approach, namely Government, Election, and Party Systems. Data collection was subsequently carried out through empirical studies, including interviews and literature reviews. The results showed that differences in government systems, state forms, and administration were observed between Indonesia and Malaysia, where proportional and district electoral platforms were implemented, respectively. Despite the differences, the two countries still had various similarities, such as the implementation of a multiparty system using different party coalition platforms. Variations were also observed in the implementation of voting rights by soldiers and convicts within both countries.
Ownership of Land: Legal Philosophy and Culture Analysis of Land Property Rights Fuad, Fokky; Tardjono, Heriyono; Machmud, Aris; Rohayah, Nizla; Maghucu, Prosper
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18264

Abstract

Land stands as a fundamental aspect of human existence, serving as a cornerstone for meeting diverse needs and holding considerable economic significance. Its limited capacity often becomes a trigger for societal conflicts, spanning both vertical and horizontal dimensions. A well-crafted land policy holds the potential to foster community prosperity and ensure environmental sustainability. However, the imposition of state-driven evictions often leads to agrarian conflicts, undermining customary rights. This study examines the intricate relationship between land and humanity through the lenses of legal philosophy and the concept of land property rights within legal culture. Employing a formative juridical research approach, the authors aim to uncover a comprehensive human understanding rooted in philosophical perspectives, legal theory, dogmatic legal norms, and legal culture. From a philosophical standpoint, land represents a space where the spiritual connection between humans and their divine entities takes form. Furthermore, within the realm of legal culture, land is perceived as an integral part of the human essence, symbolizing the place of birth, growth, mortality, and final resting.
Heavy Parliamentary v. Heavy Executive: Ambiguity of Power in Indonesian Constitutional Practices Mukhlis, Muhammad Mutawalli; Wahab, Harlida Abdul; Paidi, Zulhilmi; Sastrawaty, Nila; Hasan, Haslinda
Jurnal Media Hukum Vol 31, No 2 (2024): December
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.21703

Abstract

The history of the Indonesian constitution has implemented Parliamentary and Presidential systems at different times. However, in practice it creates ambiguity in system implementation. The presidential system currently implemented is experiencing a dilemma due to regulation and separation of powers which tends to still have a parliamentary nuance. This research is library research that examines and explores regulatory documents, books, journals and other scientific works that are relevant to the topic of discussion. The results of data collection were analyzed in depth and then presented descriptively analytically. This article aims to provide ideas for building a concrete government system based on the shift in power functions that has occurred. This article concludes the need to issue a Law on the Presidential Institution which contains concrete limits on the powers of the President and the DPR. The President's capacity as head of government is limited by the party coalition in parliament. Therefore, it is necessary to redefine the roles and relationships between the President, DPR and political parties, clarify the checks and balances mechanism, and support the effectiveness of concrete and proportional government.
Preventing Electoral Fraud in Indonesia: Protecting the Social Security of Election Management Personnel Riwanto, Agus; Suryaningsih, Sukarni; Firmandiaz, Viddy
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.19361

Abstract

Indonesia’s Election Management Bodies (EMBs), constitutionally mandated to manage legislative and presidential elections, face substantial risks, including accidents and fatalities. However, their social security rights are often overshadowed by the focus on civil servants and private-sector workers. This study, employing normative legal research, urges the need for state protection of EMBs’ social security rights, drawing on secondary data sources. EMBs should receive comprehensive work-related accident benefits, death benefit programs, and old-age protection schemes from the Workers Social Security Agency (BPJS Ketenagakerjaan). The legal basis for these social security rights can be found in several legislative provisions, including the Indonesian 1945 Constitution, the National Social Security System Law, and other related regulations. Recognizing EMBs as state-serving workers is a crucial step in safeguarding their social security rights. This recognition is not merely a matter of legal interpretation; it is a necessity to ensure a fair and secure electoral environment. By ensuring that EMBs are accorded the same rights and protections as other workers, the state can create a more equitable electoral process and reinforce the integrity of its democratic institutions.
Genealogy of Islamic Business Organization: The Institutional Approach Towards Current Islamic Corporate Law Afdal, Windi; Murwadji, Tarsisius; Supriyatni, Renny; Mulyati, Etty; Mbilinyi, Francis Daniel
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.20132

Abstract

This article examines the social foundation which posed challenges to the adoption of corporate form as a business entity within the framework of Islamic legal tradition. This article employs juridical-normative research analysis with socio-legal approach. This paper concludes: (1) The corporate legal form was not required by the medieval Islamic legal system as well as the case in Western Europe due to several reason such as: an institutional vacuity; withdrawal of community capital resources into waqf institutions; stagnancy in institutional development of business organizations in Islamic law; and inability of the Muslim business elite to consolidate power. (2) In classical fiqh discussions, Islamic business organizations do not have legal personality. The closest approximation to corporate legal entities found in Islam have been bayt al-māl (public treasury), mosque property, and waqf (trusts).  Recently, the scholars have approved the corporate form on the basis of fiqh principles of qiyas (analogy) and istihsan, or masaliha mursalah (public interest). 

Page 50 of 52 | Total Record : 518

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