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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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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.
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.
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: December 2024
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.
Examining the Regulatory Frameworks Governing Prohibition of Torture in Warfare Nnawulezi, Uche; Mohammed, Safiyyah Ummu; Adiyatma, Septhian Eka; Ojekunle, Ademola O.; Ajayi, Oluwatobiloba Ifedolapo
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.v31i2.22420

Abstract

The aim of the paper is to examine the regulatory frameworks governing the prohibitions of torture in warfare to determine their adequacy in protecting civilian populations against torture during armed hostilities. To address the threat posed by torture in warfare against the civilian populations, the regulatory frameworks on International Humanitarian Law (IHL), International Human Rights Law (IHRL) and International Criminal Law (ICL) are examined. It may be argued that although this regulatory framework is aimed at guaranteeing safety of the civilian populations in situations of armed hostilities but are not capable of dealing with the current challenges. The paper employs a doctrinal approach by identifying and analyzing the applicable rules of IHL, IHRL, and ICL. It demonstrates how these laws impact the basic rights of civilian populations during armed conflicts. The paper found that despite the performance of the Tribunals as regulatory measures, they are confronted with several challenges prosecution and enforcement of their decisions. The paper concludes with recommendations that are relevant to address the challenges in order to ensure that the various frameworks are effectively implemented by States to safeguard the civilian populations from acts of torture during armed hostilities. 
Comparative Analysis of Citizen Complaints and Public Authority Interaction: A Study of the EU Seidalina, Zhanna
Jurnal Media Hukum Vol. 32 No. 2: December 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i2.23236

Abstract

Compliance with human and civil rights is a key task of governments. An effective institution for citizens’ appeals, particularly through complaints, enables interaction with public authorities to restore rights that have been violated. The study aims to compare and analyse administrative and legal aspects of the institution of citizens’ appeals in European Union countries, Ukraine, and the Republic of Kazakhstan. Methods such as formal legal analysis, comparative legal analysis, statistical observation, and content analysis were employed. The results indicate that the legal frameworks of all examined jurisdictions provide citizens with the constitutional right to submit complaints to state authorities, although only a few explicitly define the term “complaint.” A comparative analysis demonstrates that the decentralization of the Commissioner’s institution in Kazakhstan enhances accessibility, improves monitoring of human rights protection, and strengthens citizens’ trust in public authorities. The findings underline that well-structured complaint mechanisms and decentralised ombudsman systems contribute to more transparent, responsive, and citizen-oriented governance.
Digitalization of Islamic Banking in Indonesia: Justification and Compliance to Sharia Principles Ichsan, Muchammad; Fitriyanti, Fadia; Setiorini, Kusumaningdiah Retno; Al-Qudah, Adam Ma'abdeh
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.v31i2.22485

Abstract

Technological sophistication is observed to be increasing the necessity for digitalization of Islamic banks in Indonesia to avoid being abandoned by their customers, as conventional banks rapidly advance their digital offerings and set higher expectations for financial services. However, these banks are required to comply with Sharia principles for their products and services. This study was conducted to analyze the justification of digitalization of Islamic banking system and compliance of the digital services implemented to Sharia principles. It employed doctrinal legal study methods. Data were retrieved from literature references and were analysed qualitatively using a conceptual and statutory approach. The results showed several reasons to justify digitalization of Islamic banking system and these include the current demand for digital products and services, the prevalence of the millennial generation, and the legal backing provided for the advancement in Indonesia. These principles mandate that Islamic banks must avoid practices involving maisir (gambling), gharar (obscurity), haram (prohibited activities), riba (usury), and zalim (injustice). This study is novel in its comprehensive analysis of how digitalization can be harmonized with Sharia principles in the Indonesian context, providing a unique legal and practical framework for Islamic banks aiming to modernize their services while maintaining religious compliance.
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: December 2024
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.
Legal Protection for Private Lecturers: Addressing Sub-Minimum Wage Challenges in West Java Ahyani, Hisam; Azmi, Naelul; Lousada, Sérgio António Neves; Abduloh, Agus Yosep; Huda, Miftakhul
Jurnal Media Hukum Vol. 32 No. 1: June 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i1.23436

Abstract

Private lecturers in Indonesia play a crucial role in higher education; however, they face significant welfare issues, particularly concerning salaries that often fall below the Regional Minimum Wage (UMK). This study aims to identify the challenges faced by private lecturers in West Java related to inadequate salaries and offer recommendations for improvement. Using a qualitative research approach, the study interviews private lecturers and analyzes employment agreements from several private universities. It also examines relevant laws and regulations, including Law Number 14 of 2005 on Teachers and Lecturers, Government Regulation Number 37 of 2009 on Lecturers, Law Number 30 of 2014 on Government Administration, and Law Number 13 of 2003 on Manpower. The findings reveal that, despite formal employment agreements, many lecturers earn less than the UMK, negatively impacting their welfare. Contributing factors include a lengthy certification process, inadequate social security, and the lack of academic ranks for many permanent lecturers. Many private lecturers are not registered with the social security program (BPJS). This study concludes that salaries below the UMK create injustice and undermine the teaching profession. Strengthening employment contracts, clarifying rights and obligations, and raising awareness about lecturers' rights are essential for improving their welfare.
The Risks of Using Artificial Intelligence on Privacy and Human Rights: Unifying Global Standards Al-Billeh, Tareq; Hmaidan, Ruba; Al-Hammouri, Ali; AL Makhmari, Mohammed
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.v31i2.23480

Abstract

Artificial intelligence (AI) presents significant opportunities and challenges, particularly balancing innovation with protecting privacy and human rights. The increasing integration of AI into daily life has amplified risks to digital privacy, access to information, and online communication, raising concerns about human rights violations. Governments must address these risks by implementing practical measures to ensure safe AI usage and redressing harm caused by unethical practices. This article explores the impact of AI on privacy and human rights, utilizing the 2024 Council of Europe Framework Convention on AI, Human Rights, Democracy, and the Rule of Law as a basis for ethical considerations. Employing an analytical methodology, the study examines international charters and national legislation to highlight disparities in addressing AI-related privacy concerns and to identify gaps between global human rights standards and digital technologies. Comparative analysis is conducted to evaluate international and national approaches to AI governance. The findings emphasize the urgent need for unified global standards to protect digital human rights, harmonize AI ethics, and reduce risks associated with AI applications. Recommendations include adopting comprehensive legal frameworks and promoting international cooperation to ensure ethical AI deployment aligned with human rights principles.
Constitutional Judges: What Powers Does the House of Representatives Have? Wijayanti, Septi Nur; Saraswati, Retno; Addy Listya Wardhani, Lita Tyesta; Iswandi, Kelik; Surana, Tanu
Jurnal Media Hukum Vol. 32 No. 1: June 2025
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i1.23842

Abstract

The House of Representatives did not extend the term of constitutional judge Aswanto on September 29, 2022, because Aswanto regularly nullified laws that they passed. This action was taken against the Indonesian legal system with the House of Representatives' authority to remove constitutional judges' and constitutional judges' independence. Accordingly, this paper will employ normative research approaches to assess the House of Representatives' influence over Constitutional Judges. The findings revealed that the Supreme Court, the President, and the House of Representatives proposed the constitutional judges. Each proposed institution is given the ability to nominate and choose constitutional judges. Meanwhile, the dismissal of constitutional judges is governed by Article 24C paragraph (6) of the 1945 Indonesian Constitution. Dismissal of constitutional judges is determined by Presidential decree at the request of the chief of the constitutional court.  As a result, the House of Representatives’ decision to dismiss constitutional judge Aswanto violates the Indonesian Constitution.

Page 56 of 59 | Total Record : 588

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