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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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State Responsibility of Afghanistan Under Taliban Regime Aiyub Kadir, M. Yakub; Nurhaliza, Siti
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.v30i1.16020

Abstract

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.
Corporate Social Responsibility under the Maqasid Syariah Concept in Malaysia: Why Does it Matter? Abd Aziz, Hartinie; Abd Ghadas, Zuhairah Ariff; Ossofo, Assane Buana
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.v30i1.16916

Abstract

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
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.
The Legal Issues Concerning the Operation of Fin-Tech in Nigeria Aidonojie, Paul Atagamen; Majekodunmi, Toyin Afolabi; Adeyemi-Balogun, Omolola Janet
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.v30i2.18337

Abstract

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.
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.
Unveiling Ethical Implications: AI Robot Accountability in Islamic Context Hamsin, Muhammad Khaeruddin; Anggriawan, Rizaldy; Jiatrahman, Farisma
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.v30i2.18524

Abstract

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.
Shifting Polri's Law Enforcement Strategy: Restorative Justice for Public Trust Firdaus, Muhammad; Dwilaksana, Chryshnanda; Onielda, Muhammad Daffa Auliarizky
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.v30i2.18628

Abstract

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
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
Prohibition of Child Recruitment as Soldiers: An International Regulatory Discourse Arumbinang, Mohammad Hazyar; Gunawan, Yordan; Salim, Andi Agus
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.v30i1.19322

Abstract

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.
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.

Page 54 of 59 | Total Record : 588

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