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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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From Meaningful to Meaningless Participation: The Tragedy of Indonesia’s Omnibus Law on Job Creation Mochtar, Zainal Arifin; Arizona, Yance; Rahman, Faiz; Mubdi, Umar; Ruhpinesthi, Garuda Era; Wafi, Mochamad Adli
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.v31i2.23557

Abstract

Indonesia’s Constitutional Court introduced the concept of meaningful participation in the lawmaking process, emphasizing the right to be heard, considered, and explained. This concept was institutionalized through amendments to the Law on Lawmaking Procedures (Law Number 13 of 2022). However, meaningful participation remains poorly implemented, as demonstrated by the lack of public involvement in the issuance of the Government Regulation in Lieu of Law legalizing the Omnibus Law on Job Creation and the Constitutional Court's ruling on Law Number 6 of 2023 (Job Creation Law 2.0), which deemed public participation irrelevant for emergency laws. These developments highlight inconsistencies in applying the principle of meaningful participation in Indonesia’s legislative practices. This research evaluates the institutionalization of meaningful participation in Law Number 13 of 2022 and its practical application in Indonesia’s lawmaking process. This research uses doctrinal legal research methods by examining library materials and secondary data to analyze the legal framework and its implementation. The findings reveal a significant gap between the theoretical framework of meaningful participation and its application in practice, particularly in emergency lawmaking. In conclusion, while the institutionalization of meaningful participation reflects a positive step, inconsistent application undermines its potential to enhance democratic governance in Indonesia.
Institutional Integrity and Challenges in the Indonesian Constitutional Court Institution Sulastri, Dewi; Arifin, Firdaus; Susanto, Anthon F; Huda, Uu Nurul; Md. Nor, Mohd Zakhiri
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.v32i1.24100

Abstract

The Constitutional Court of Indonesia of Indonesia is crucial in upholding legislative legitimacy and protecting constitutional rights. However, concerns over its integrity have arisen due to political interference, corruption, and ethical violations. This study aims to assess the integrity of The Constitutional Court of Indonesia, identify challenges it faces, and propose solutions to strengthen its credibility. Using a doctrinal legal research method, this study applies a legislative approach to analyze statutory regulations, a conceptual approach to explore institutional integrity principles, and a case approach to evaluate judicial decisions. Data collection is conducted through literature reviews and document analysis, with qualitative methods used for interpretation. The findings reveal a decline in public trust due to judicial corruption, controversial rulings, and undue political influence in judge appointments. The media and public surveys further reflect this erosion of confidence. To restore integrity, it is necessary to reinforce the legal framework, establish strict oversight mechanisms, enforce ethical standards with firm sanctions, and ensure transparency in the judicial selection process. These measures are crucial for maintaining the credibility of The Constitutional Court of Indonesia
Indonesia’s Sustainable Green Economy Policy in the Energy Sector: Challenges and Expectations Keumala, Dinda; Sabirin, Ahmad; Setiyono, Setiyono; Az, M. Fariduddin; Arranchado, Jimi Rambo
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.v32i1.24109

Abstract

This paper comprehensively analyzes the challenges and prospects for achieving a sustainable green economy in Indonesia's energy sector, where fossil fuels dominate approximately 90.4 percent of the domestic energy supply, making the sector a major contributor to emissions. Despite ambitious targets, renewable energy development has progressed slowly, with only 0.97 GW capacity achieved out of a 3.4 GW target by the fourth quarter of 2023. Employing a normative research approach, this study draws from primary and secondary data sources to explore the obstacles hindering green economic transformation, including limited financing for technological innovation, insufficient long-term environmental policies, human resource constraints, institutional structures, regulatory coherence, and the need to balance economic tradeoffs. Key findings highlight that Indonesia must bolster its legal framework, strengthen infrastructure, foster policy alignment, secure financing, enhance technological capabilities, and expand renewable energy capacity. This paper seeks to contribute insights for formulating an integrated, resilient strategy to accelerate Indonesia's transition to a green economy within the energy sector.
Comparison of Malaysian and Indonesian Whistleblower Legal Protection as a Tool for Criminalization Elimination Hosnah, Asmak ul; Ghapa, Norhasliza binti; Nuraeny, Henny; Djarkasih Putro, Sapto Handoyo; Prihatini, Lilik
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.v32i1.24751

Abstract

Whistleblowers in Indonesia face significant risks due to insufficient legal protection, particularly in cases involving corruption. The absence of comprehensive safeguards often leads to retaliation and even criminalization. This study aims to examine and compare the legal frameworks governing whistleblower protection in Indonesia and Malaysia, with the goal of proposing decriminalization strategies for whistleblowers in Indonesia. Employing a normative juridical approach and comparative legal analysis, this research draws on relevant statutes and case studies from both countries. The results show that Malaysia, through its Whistleblower Protection Act 2010, provides more robust protection mechanisms, including confidentiality guarantees, standardized reporting procedures, legal immunity for disclosures made in good faith, and remedies for reputational harm. In contrast, Indonesia relies primarily on the Witness and Victim Protection Act, which offers limited and less effective protection post-disclosure. Furthermore, Malaysia’s framework clearly defines institutional responsibilities and safeguards against workplace retaliation, aspects largely missing in Indonesia. The study concludes that Indonesia should adopt key elements from Malaysia’s model to strengthen its legal framework. Enhancing whistleblower protections is essential for promoting transparency, accountability, and a more corruption-resistant governance system.
Optimizing the Role of Information and Communications Technology within the State Administrative Court Environment Nasrullah; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego; Susilo, Agus Budi; Qazi Zada, Mohd Ziaolhaq
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.v32i1.25118

Abstract

With an increasingly complex judicial landscape, Information and Communications Technology (hereinafter referred to as ICT) has become the key factor in improving the efficiency, transparency, and accessibility of the modern justice system. This article explores the crucial role of ICT in changing judicial governance, especially within the State Administrative Court (PTUN). This article also identifies the challenges faced in the implementation of ICT. It initiates efforts to optimize the role of ICT in overcoming technical obstacles and realizing justice in the PTUN environment. The method used was doctrinal legal research using secondary data through statute and analytical approaches. The collected data were analyzed in a descriptive, prescriptive, and qualitative manner. The results illustrated that ICT significantly improved the performance, transparency, efficiency, and accessibility of the state administrative court's judicial system. Optimizing and expanding the reach of ICT utilization, especially in overcoming obstacles to executing PTUN decisions that have permanent legal force (inkracht van bewijsde), is an essential challenge and need for PTUN that continues to adapt to technological developments to ensure the continuity of judicial transformation, especially within the PTUN.
Forensic Examination and Criminalistics in Investigating War Crimes: European and Ukrainian Experiences Shevchuk, Viktor; Zhuravel, Volodymyr; Yevdokimenko, Svetlana; Yevdokimenko, Serhii; Myshkov, Yaroslav
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.v32i1.25056

Abstract

The rising prevalence of war crimes, particularly in Ukraine, highlights the urgent need for robust forensic investigations to uphold justice and accountability in conflict zones. This study addresses the challenges in investigating war crimes, focusing on integrating effective forensic and criminalistics practices into Ukraine’s framework. The research aims to summarize best practices in forensic science by drawing on the experiences of European countries and their application in Ukraine. A structural-functional approach was employed, utilizing qualitative data from case studies, legal documents, and forensic reports. Comparative analysis of methods used in Ukraine and Europe highlights current investigative practices' successes and challenges. Key findings include the effectiveness of DNA analysis for victim identification, digital technologies for documenting crimes, and forensic methodologies in evidence collection and analysis. The study concludes that forensic science and criminalistics are indispensable in war crime investigations, emphasizing the adoption of innovative techniques to improve justice delivery. Integrating advanced forensic practices into Ukraine’s investigative processes can enhance accountability and contribute to international standards in war crime investigations.
Countering Terrorist and Extremist Criminal Offences: A Situational Approach Lakbayev, Kanat; Nurgaliyev, Bakhyt; Khanov, Talgat; Bashirov, Aleksander; Smatlayev, Baurzhan
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.v32i1.25134

Abstract

The study examines the unique characteristics of terrorist and extremist activities in Kazakhstan compared to other countries. The primary objective is to analyze public perceptions of extremism and terrorism while identifying key socioeconomic and political factors contributing to their emergence. A quantitative survey method involving 2,905 respondents assessed public attitudes toward these issues. Additionally, a situational approach was used alongside historical and comparative legal methods to trace the development of extremism in Central Asia and highlight distinctive regional influences. The survey findings indicate that declining living standards, internal political instability, and external factors significantly contribute to extremist activities. Based on these insights, the study proposes targeted recommendations, including strengthening the legal framework, enhancing inter-agency coordination, integrating advanced information technologies, and adopting a situational approach to mitigate extremist threats. These measures are expected to improve national security and facilitate international cooperation in combating terrorism. The study underscores the necessity of a comprehensive and proactive strategy to address the region's evolving nature of extremist threats.
Democratization of Village Autonomy in the Construction of Indonesian Administrative Law: Is It Possible? Hariyanto, Hariyanto; Yeyeng, Andi Tenri; Kapugu, Betsy Anggreini; Arowosaiye, Yusuf Ibrahim; Tajuddin, Muhammad Saleh
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.v32i2.25216

Abstract

This article explores the potential for democratizing village autonomy within the Indonesian administrative law framework. Although Law No. 6 of 2014 and Law No. 3 of 2024 have granted formal recognition of village self-governance, significant challenges persist, including elite domination, corruption, limited community participation, and weak institutional capacity. Through a normative legal and comparative approach, this study examines the village autonomy experiences of India and the Philippines to identify best practices applicable to Indonesia. Findings indicate that democratization of village autonomy is achievable when supported by legal reform, institutional strengthening, transparent governance, and active citizen engagement. Democratization must go beyond procedural aspects like elections and include cultural adaptation, community empowerment, and the establishment of accountability mechanisms to prevent elite capture. Effective collaboration between central, regional, and village governments is essential to ensure participatory governance that aligns with local needs. Lessons from international cases underline the importance of community-driven planning and legally mandated public participation to achieve sustainable village development. This study concludes that democratizing village autonomy can significantly contribute to inclusive and resilient governance in Indonesia if systemic barriers are addressed comprehensively.
Authorship and Ownership of AI-Generated Works in Indonesia: A Doctrinal and Comparative Review Praja, Chrisna Bagus Edhita; Riswandi, Budi Agus; Wartini, Sri; Hakim, Hary Abdul; Espares, Gerald Antang
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.v32i1.25383

Abstract

The rise of generative artificial intelligence (AI) challenges the doctrinal foundations of copyright law in Indonesia, particularly the human-centered definition of authorship under Law No. 28 of 2014. This article examines whether Indonesia’s copyright regime can accommodate AI-generated works within its current legal framework and whether adapting the concept of Work Made for Hire (WMFH) can provide a solution to growing legal uncertainties. Using a doctrinal and comparative method, this study analyzes the limits of Indonesian copyright provisions, especially Articles 1(2), 34, and 36, and compares them with legal approaches from the United States, the United Kingdom, and India. While U.S. law requires human authorship for protection, the UK and India allow copyright to be granted to the person who organizes or directs the creation of the work, even if produced by AI. Based on natural rights, incentives, and utilitarian theories, this article proposes a legal reform in Indonesia that would allow copyright ownership to be granted to the human who initiates or controls the AI system. This approach balances legal certainty with the need to support innovation, while preserving the human focus of copyright law.
Addressing Childhood Obesity in Brunei Darussalam: Proposing Rights-Based Legal and Policy Reforms Ahmad, Nehaluddin; Haji Ahmad, Siti Sara; Shamsu, Lilly Suzana; Ali, Aqilah Walin; Lilienthal, Gary L
Jurnal Media Hukum Vol. 33 No. 1: June 2026
Publisher : Fakultas Hukum, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v33i1.25943

Abstract

Childhood obesity is a growing public health concern in Brunei Darussalam, highlighting the urgent need for effective intervention. While public health initiatives have traditionally addressed these challenges, there is increasing recognition of the role of legal and policy measures in promoting healthier environments for children. This study advances existing scholarship by examining Brunei’s legal and policy frameworks through a child rights and right-to-health perspective, evaluating whether they effectively safeguard children’s right to health. Using a qualitative, doctrinal legal methodology, the research analyses relevant domestic legislation and key policy instruments, supported by comparative insights from international best practices and guided by the right to health, the precautionary principle, and the best interests of the child. The study finds that although Brunei has introduced voluntary marketing codes, healthy school canteen guidelines, and sugar-sweetened beverage taxes, the framework remains fragmented and largely non-binding. To effectively prevent childhood obesity, Brunei should adopt binding regulations on food marketing to children, enforce statutory nutrition standards in schools, introduce front-of-pack labellinglabeling, and expand sugar-related fiscal measures within a clear legal framework. This study therefore, therefore, offers a novel, rights-based perspective to inform more coherent and effective public health reform.

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