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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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Legal Clarity for Sharia Lodging Businesses through Sharia Certification Rasmuddin, Rasmuddin; Umar, Wahyudi; Sudirman, Sudirman; Rustan, Ahmad; Lambooy, Tineke
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.v31i2.18635

Abstract

The development of the Sharia business in Indonesia has become the most potential business not only in Islamic banking but also the non-Islamic bank financial industries, such as Islamic insurance, Islamic pension funds, Islamic finance companies, Islamic bonds (sukuk), Islamic mutual funds, and even Islamic lodging. This phenomenon makes the Sharia "label" as a trend. This research aims to analyze the urgency of Sharia certification in the Sharia lodging business in Indonesia. The method used is a type of normative legal research with statutory approaches, case approaches, and conceptual approaches. The results of this study indicate that the urgency of Sharia certification in the Sharia lodging business is to maintain the image of Islamic teachings and to provide certainty to consumers. This is because the application of Sharia in business institutions bearing the Sharia label still shows that the concept of Sharia understood by these business institutions still seems partial/not kaffah (total). Besides that, the Sharia "label" in the lodging business is used mostly as a brand or company brand. Therefore, it is high time for Sharia lodging certification to be carried out, like the halal label certificate on food products
Social Reintegration after the Implementation of Restorative Justice in the Indonesian Criminal Code Amarini, Indriati; Samhudi, Gamalel Rifqi; Mukarromah, Safitri; Ismail, Noorfajri; Saefudin, Yusuf
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.v31i1.20655

Abstract

The current criminal code has been in force in Indonesia since 1918. Indonesia formulated criminal law reform in 1963 and in 2023, a law on the national criminal code was issued. The spirit of the Indonesian criminal code is reformative, progressive, and responsive to changes to the law. One of the strengths of criminal law is regulating criminal law from the perspective and achievement of justice to repair and restore the situation after the event and judicial process known as restorative justice. The desire to strengthen restorative justice programs takes a long time and is complicated. This research aims to analyze the development of the concept of social reintegration through the application of restorative justice in the criminal justice process. This research was conducted qualitatively using secondary data and doctrinal legal study methods. The results showed that changes in criminal law arrangements caused opinion differences since restorative programs are widely used as a substitute for traditional and retributive approaches. The application of restorative justice in national criminal law must be implemented. Social reintegration in the implementation of restorative justice as regulated in the Criminal Code can be successful through commitment and collaboration between the community, government and law enforcement officials
Musyarakah Mutanaqisah: Strengthening Islamic Financing in Indonesia and Addressing Murabahah Vulnerabilities Asyiqin, Istianah Zainal; Alfurqon, Fe Fikran
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.v31i1.20897

Abstract

The article analyses to examine the practice of murabahah and musyarakah mutanaqisah financing in sharia banking in Indonesia. Islamic finance plays an important role in the Indonesian economy, contributing to financial inclusion and encouraging ethical practices and sharia compliance. Among the various Islamic financing models, musyarakah mutanaqisah has become famous as an alternative to conventional financing methods. The aticle method used is qualitative research with secondary data and doctrinal legal study methods. This article uses sustainable product innovation, modernization, and compliance with sharia principles. The results of the article found that the implementation of murabahah has several weaknesses, including: it is considered not in accordance with sharia, the nature of the contract is fixed, the down payment for sharia housing loans by murabahah is high, it is based on sharia, and cannot be used for refinancing, takeovers, and securing assets. The advantages of musyarakah mutanaqisah can be a solution to murabahah's weaknesses, because musyarakah mutanaqisah is safe according to sharia, suitable for long-term financing, down payments for sharia mortgages by musyarakah mutanaqisah are low, and according to sharia, musyarakah mutanaqisah can also be used for refinancing, takeovers and securing assets.
Illicit Enrichment in Corruption Eradication in Indonesia: A Future Strategy Yusuf, M.; Aswanto, Aswanto; Sumardi, Juajir; Maskun, Maskun; Ab Rahman, Nurul Hidayat
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.v31i2.22304

Abstract

Corruption crimes in Indonesia are on the rise, particularly through illicit enrichment where individuals accumulate wealth outside of legitimate income. Although Indonesia has ratified the United Nations Convention Against Corruption (UNCAC), the specific issue of illicit enrichment outlined in Article 20 has yet to be implemented in national legislation. This article aims to investigate current and potential future strategies to combat such corruption.  The research is a normative study using a comparative law approach and corpus-based critical analysis to assess Indonesia's anti-corruption efforts, explore the international standards set by illicit enrichment regulations, and draw lessons from the unexplained wealth laws in the United Kingdom and Australia. This research concludes that Indonesia has ratified UNCAC, but illicit enrichment in Article 20 of UNCAC has not been regulated in the law, so the practice of corruption is still so massive. To overcome this, strategic steps are needed in the future, such as revising the corruption law to include illicit enrichment regulations, optimizing institutions through bureaucratic reform, and activating community participation. Therefore, these three steps are very important in implementing the Illicit Enrichment regulation in advancing the corruption eradication agenda in Indonesia in the future.
Utilitarian Policy of Criminalization for the COVID-19 Vaccine Refusal in Indonesia Kurniawan, Kukuh Dwi; Bachtiar, Hasnan; Al-Fatih, Sholahuddin
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.v31i1.21564

Abstract

This article aims to analyze several issues of the implementation of the regulation of vaccination in Indonesia, encompassing the issues of the imposition of criminalization following the vaccination refusal, discussion on its objective, and practical challenges that potentially emerge. As qualitative research, this article employed a normative legal approach and social contextualization to comprehend regulations, legal interpretations, and arguments. This article finds that the government has amended the Presidential Regulation No. 99 of 2020 on the Procurement and Implementation of Vaccination to the Presidential Regulation No. 14 of 2021 on the Change of the Presidential Regulation No. 99 of 2020 in dealing with the issue of punishment imposed on those refusing the vaccination. From the perspective of utilitarian humanism, the regulation aims to ensure the success of the vaccination and is expected to result in the herd immunity of society that determines the social welfare in the country. The implementation of the regulation is being criticized on the practical level because it is claimed to raise the likelihood of the violation of human rights and overlook the public trust on account of excessive criminalization. This article argues that support from society is vital in the implementation of the regulation, while a positive campaign over public vaccinations need to be massively urged.
Construction of Criminal Policies for Handling Football Riots in the Kanjuruhan Tragedy Astuti, Laras; Soponyono, Eko; Sularto, RB; Genovés, Manuel Beltrán
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.v31i1.20139

Abstract

Even though conflicts between supporters caused the majority of the riots, other factors were no less important. Specifically, those related to the organization of football matches that were not yet professional could not guarantee security or order. The incident at Kanjuruhan Stadium serves as a significant reminder that hosting football matches without prioritizing proper safety measures and collaborative procedures will undoubtedly fail to promote fair competition in line with the principles of organizing sporting events that uphold sportsmanship, fair play, and respect. This paper is compiled through normative research by prioritizing secondary data that focuses on statutory and case approach, which are collected and analyzed descriptively and qualitatively. The results shows that the legal construction used in carrying out security by the Police in the Kanjuruhan Tragedy refers to the Regulation of the Chief of Police of the Republic of Indonesia Number 1 of 2009 on the Use of Force in Police Action while after the Kanjuruhan Tragedy, the Police compiled a new legal construction, the Republic of Indonesia National Police Regulation Indonesia Number 10 of 2022 on Security for the Implementation of Sports Competitions which can be used specifically in securing the implementation of football in Indonesia
Legal Clarity for Sharia Lodging Businesses through Sharia Certification Rasmuddin, Rasmuddin; Umar, Wahyudi; Sudirman, Sudirman; Lambooy, Tineke
Jurnal Media Hukum Vol. 31 No. 2: December 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.18635

Abstract

The development of the Sharia business in Indonesia has become the most potential business not only in Islamic banking but also the non-Islamic bank financial industries, such as Islamic insurance, Islamic pension funds, Islamic finance companies, Islamic bonds (sukuk), Islamic mutual funds, and even Islamic lodging. This phenomenon makes the Sharia "label" as a trend. This research aims to analyze the urgency of Sharia certification in the Sharia lodging business in Indonesia. The method used is a type of normative legal research with statutory approaches, case approaches, and conceptual approaches. The results of this study indicate that the urgency of Sharia certification in the Sharia lodging business is to maintain the image of Islamic teachings and to provide certainty to consumers. This is because the application of Sharia in business institutions bearing the Sharia label still shows that the concept of Sharia understood by these business institutions still seems partial/not kaffah (total). Besides that, the Sharia "label" in the lodging business is used mostly as a brand or company brand. Therefore, it is high time for Sharia lodging certification to be carried out, like the halal label certificate on food products
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: December 2024
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.
Investigation Methods of Combating Smuggling and Suspicious Trade Through Transport Routes: Ukrainian Case Kniaziev, Sergii; Verbytskyi, Vitalii; Chernysh, Maryna; Dziubynskyi, Andrii; Kyslyi, Anatolii
Jurnal Media Hukum Vol. 31 No. 2: December 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.21931

Abstract

Smuggling poses a threat both to individuals and to national security. The problem of smuggling is complicated by the constant transformation of criminal schemes, thereby urging the search for appropriate investigation methods of this offense. The aim of the research is to improve the methods of investigation of smuggling through the integration of legislative, international, human, and technical resources. The research employed a doctrinal approach, a statistical method, and a descriptive method. As a result of the research, the Ukrainian legislation on combating smuggling was analysed in the context of European integration. It is noted that the criminalization of smuggling of goods is a welcome innovation, but the legislative framework needs further improvement. The legal basis of Ukraine's international cooperation in the investigation and countering of smuggling has been disclosed. The priority forms of cooperation were determined and directions for further improvement were revealed using the experience of several international initiatives. The value of human capital in combination with the latest technologies in the process of investigating crimes related to smuggling is noted. The obtained conclusions can be useful for regulatory bodies in the context of developing anti-smuggling policies based on identified priority areas.
Evaluating Whether Indonesia Should Maintain or Revise Its Local Incorporation Requirement for Foreign Investors Hawin, M; Butt, Simon; Setianingrum, Reni Budi
Jurnal Media Hukum Vol. 31 No. 2: December 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.22122

Abstract

The article reviews the locally incorporated company requirement for foreign investors in Indonesia. It uses a normative juridical method, focusing on examining positive law through a statute approach. It involves analyzing relevant laws, regulations, cases, and literature and includes interviews with law scholars and an official from Indonesia’s Investment Coordinating Board to gather expert opinions. The data obtained is analyzed using qualitative techniques. It discusses the advantages and disadvantages of the requirement in international foreign investment law and Indonesia concluding that its advantages outweigh the disadvantages, and some of the disadvantages have been resolved. Hence, the article argues that the requirement remains appropriate for Indonesia and should be maintained. However, certain investment treaties have weakened the requirement as a defense against legal action by locally incorporated companies in international arbitration. To overcome this problem, the country should renegotiate its bilateral investment treaties (BITs) that give the companies direct legal action rights and develop new BITs that contain balanced rights between foreign investors and Indonesia. Additionally, the locally incorporated company requirement should be reinforced by Indonesia’s negative list policy, prioritizing specific sectors for local investors.

Page 51 of 52 | Total Record : 518

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