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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 588 Documents
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Assessing Indonesia’s Environmental Laws Pertaining to the Abatement of Marine Plastic Pollution: A Euphemism? Tan, David
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.v29i1.13414

Abstract

The predominance of irresponsible and unsustainable plastic usage in Indonesia poses an urgent and alarming danger to the ecosystem. This paper discussed the legislative and regulatory mechanism in place in Indonesia to manage marine plastic pollution, the limitations and obstacles it faces, and the possibility of remedies being implemented to resolve Indonesia's marine plastic pollution predicament. The ecological approach, sustainable development goals, human right to a healthy environment, and sociopolitical context will all be used to advise this research. The findings demonstrate both top-down and bottom-up initiatives to marine plastic pollution law and regulations are ineffectual. If not adequately regulated, the government, political, and economic structural proclivities would most likely favor economic expansion at the expense of appropriate protection of the environment. Indonesia has to consider not just more comprehensive law and regulation to handle the complex concerns of marine plastic pollution, but it also sought to acknowledge other drivers that hamper the success of efforts to conserve the marine ecosystem. As a result, it is suggested that Indonesia initially focus on short-term measures prior to progressing on to long-term remedies, with effective cohesion across all approaches and collaboration with all involved parties.
Child Marriage within the Sea Tribe of Kelumu Island: Issues and Problems Tan, Winsherly
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.
Policies to Control and Evaluate Regional Regulations on Taxes and Levies in Indonesia: Re-centralisation? Ambarwati, Sinta Devi; Sudarsono, Sudarsono; Hadiyantina, Shinta
Jurnal Media Hukum Vol. 30 No. 1: June 2023
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i1.14172

Abstract

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
The Role of the Sarak Opat in Resolving Minor Crimes Suhartini, Suhartini; Surya, Achmad
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.
Corruption During Non-Natural Disaster: Is Death Penalty Necessary? Abdaud, Faisal; Sung, Ming-Hsi; Umar, Wahyudi
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.
A Libertarian Legitimacy for Mandatory Covid-19 Vaccination Setiawan, Yudi; Zaid, Zaid; Prasetyoningsih, Nanik; Al Bahy, Mahbub Pasca
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.
Earth Observation Applications and the Right to Privacy: Within and Beyond the COVID-19 Pandemic Shi, Yuran
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.
Disaster Mitigation in Coastal Areas: Perspective of the Indonesian Spatial Planning Law Widowati, Dyah Ayu
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.
Public Participation in the Law-Making Process in Indonesia Wardana, Dodi Jaya; Sukardi, Sukardi; Salman, Radian
Jurnal Media Hukum Vol. 30 No. 1: June 2023
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i1.14813

Abstract

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.
Meta-Mortgaging: Islamic Law Review on Marhūn Issues Muhammadi, Fauzan; Putranti, Deslaely; Praja, Chrisna Bagus Edhita; Yudha, Alda Kartika
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.

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