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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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The Disparities in Punishment for Narcotic Addiction: Does it Reflect the Value of Justice? Winjaya Laksana, Andri; Musofiana, Ida; Sulchan, Achmad; Osman, Ahmed Kheir; Sanni, Tajudeen
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.v32i1.25678

Abstract

Sentencing disparity in narcotics abuse cases reflects an ongoing legal issue concerning the principle of justice in Indonesia. This research aims to analyze the root causes of such disparities and explore ideal law enforcement approaches for narcotics addicts, grounded in the value of justice. Employing a doctrinal legal research method, this study focuses on statutory interpretation, particularly Articles 111, 112, and 127 of Law No. 35 of 2009 on Narcotics. These provisions lack clear normative boundaries, creating interpretative ambiguity among law enforcement officials. The absence of technical guidelines distinguishing narcotics users from dealers contributes significantly to unequal sentencing. Consequently, addicts with minimal evidence may face charges under severe articles, leading to legal uncertainty, injustice, and diminishing public trust in the criminal justice system. The novelty of this study lies in proposing the integration of international best practices within Indonesia’s legal framework to prioritize humanity, legal certainty, and fairness. The study concludes that regulatory reconstruction is necessary through the substantive revision of Articles 111, 112, and 127, to eliminate multi-interpretation and establish clear classifications of narcotics offenders, thus improving both the enforcement of narcotics law and the credibility of the criminal justice system.
Beyond Administrative Sanctions: Reforming Insider Trading Regulation to Strengthen Investor Protection in Indonesia Sugianto, Fajar; Tokuyama, Shintaro
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.v32i2.26257

Abstract

Insider trading in Indonesia continues to expose structural weaknesses in capital market regulation, even after the enactment of the Strengthening Financial Sector (SFS) Law in 2023. Although the law expands the Financial Services Authority’s (FSA) supervisory powers, it fails to address core gaps that undermine legal certainty and investor protection. This study explores two main questions: (1) whether victims of insider trading are genuinely protected under the current framework, and (2) what doctrinal and institutional reforms are needed to build a more effective system. Using a normative legal research method, the study finds that the adoption of the una via principle has not strengthened enforcement. Most insider trading cases are still resolved through administrative sanctions, offering limited deterrence. Furthermore, inconsistencies between the SFS Law and Article 102 of the Capital Market Law perpetuate fragmented enforcement among regulators, prosecutors, and courts. This study contributes by integrating constitutional principles, legal theory, and comparative perspectives to show why Indonesia’s insider trading regime remains incomplete. The PT Perusahaan Gas Negara (PGN) case illustrates how delayed disclosure and a narrow definition of “insider” undermine market trust, highlighting the need for both procedural and substantive reforms.
From Retribution to Restoration: Human Rights-Based Legal Protection for Women Victims of Sexual Violence Yuliartini, Ni Putu Rai; Hartana, Hartana; Kbarek, Lukas Norman; Monteiro, Seguito
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.v32i2.26214

Abstract

This study examines the protection of women victims of sexual violence through a human rights-based lens, stressing the urgency of shifting from retribution to restoration. Sexual violence threatens physical security and constitutes a profound violation of dignity and human rights, with longterm psychological, social, and economic consequences. Thus, protection should not only punish perpetrators but also restore victims’ dignity and empower them. Utilizing normative legal methods, including statutory, conceptual, and case-based approaches, this research examines both national and international legal frameworks. At the national level, attention is given to Law No. 12 of 2022 on Sexual Violence and Law No. 39 of 1999 on Human Rights, both serving as key foundations for protecting justice and human rights in Indonesia, while internationally, key references include the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Declaration on the Elimination of Violence against Women. Several high-profile Indonesian cases are reviewed to highlight the persistent gap between comprehensive norms and weak enforcement. Findings reveal barriers, including limited awareness among law enforcement, social stigma, and inadequate support services. The study concludes that a restorative, human rights-based legal framework is crucial to ensure victim-centered justice, strengthen recovery, and foster inclusive cultural transformation beyond punitive measures.
Land Law Conceptualization: Realizing an Effective Dispute Resolution Model in Indonesia Buana, Andika Prawira; Raja, Aksara Alif; Aswari, Aan; Nur Fuady, Muhammad Ikram; Ramadani, Rizki
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.v32i2.26717

Abstract

Land dispute resolution in Indonesia is often complex due to procedural inefficiencies and overlapping jurisdictions. Currently, the National Land agency (BPN) functions as a mediator, providing clarifications to the included parties. Dispute resolution by the parties in litigation results in unresolved disputes, resulting in a backlog of cases in court. Therefore, this research aims to re-evaluate the role of the BPN as a mediator and to propose a conceptual framework for an effective resolution model for land disputes. This research uses a juridical-normative process of finding a legal rule to answer the legal issue being researched. The results show that BPN mediation efforts have not sufficiently addressed land disputes due to the non-binding nature. The role of the BPN should be enhanced as an arbitration body under the regulations governing Arbitration and Alternative Dispute Resolution. By serving as arbitrator, the Land Agency can render final and binding decisions without the necessity of undergoing the stages of appeal, cassation, or judicial review, particularly in civil and administrative disputes. Furthermore, this research advocates for the revision of the Notarial Sale and Purchase Agreement to incorporate arbitration provisions and recommends establishing specialized land courts, drawing lessons from existing models in Australia and South Africa.
Mitigating the Impact of the Presidential Threshold’s Abolition in Indonesia: A Policy Approach Albab, Biantara; Prasetyoningsih, Nanik; Anugrah, Alma Fuji
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.v32i2.27157

Abstract

The Constitutional Court's decision to eliminate the presidential candidacy threshold will change Indonesia's political and electoral system. Small parties and independent candidates have more opportunities thanks to the elimination of the presidential nomination requirement for parliamentary seats or national votes. But this decision's potential consequences must also be considered. The aim of this study is to examine the effects of removing the presidential candidacy threshold on Indonesian politics and propose solutions. The research is normative legal and uses conceptual and comparative approaches to study legal theories, principles, and concepts and compare practices in different jurisdictions. This approach allows an in-depth examination of the normative basis for abolishing the presidential threshold and its relevance and implications through comparison with other political systems. The policy encourages small parties to run in elections, but it may lead to political fragmentation and instability. The Constitutional Court's mandate for open legal policy requires policy mitigation by raising the parliamentary threshold.
Land Acquisition Law in Indonesia: Between Legal Certainty and Substantive Injustice Eka Sihombing, Irene; R. Arranchado, Jimi Rambo
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.v33i1.27205

Abstract

The issue of land acquisition for public-interest development in Indonesia is inseparable from the limited availability of state land and the predominance of privately and communally owned land. Although Indonesia has established a relatively comprehensive legal framework, its implementation still falls short of providing fairness and legal certainty. This situation raises an important question concerning the balance between state development agendas and the protection of community land rights. The main problem lies in a structural imbalance that may generate injustice rather than promote public welfare. This study examines the effectiveness of land acquisition law in ensuring legal certainty and realizing social welfare. Using a normative juridical method, this research draws on legal materials such as statutes, court decisions, legal doctrines, and academic literature. The findings show a gap between legal norms and their practical application. While the law sets out clear procedures, its substance and implementation often fail to ensure substantive justice, especially for indigenous communities and informal landholders. The novelty of this study lies in its utilitarian perspective, emphasizing that law should create the greatest benefit for the greatest number. This research recommends strengthening legal substance, improving compensation mechanisms, and harmonizing state law with customary law.
Ultra Petita Practices in Regional Head Election Disputes before the Constitutional Court of Indonesia Adithiya Diar; Saputra, Beny; Hartati
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.v33i1.27208

Abstract

This study examines the tension between legal certainty and substantive justice in regional election disputes in Indonesia, focusing on the Constitutional Court’s application of the ultra petita doctrine. It analyzes how the Court balances procedural law with moral considerations to ensure fair and legitimate electoral outcomes. Using normative legal research, the study applies three approaches: a conceptual approach to explore principles such as ultra petita, procedural justice, and substantive justice; a statutory approach to review relevant laws, including Law No. 10 of 2016 and Constitutional Court Regulation No. 3 of 2024; and a case approach examining key decisions, including No. 41/PHPU.D-VI/2008 and No. 313/PHPU.BUP-XXIII/2025. The findings show that the Court often prioritizes substantive justice over strict legal certainty, particularly in cases involving vote-buying or electoral manipulation. Through ultra petita rulings, the Court addresses legal gaps, safeguards constitutional rights, and upholds democratic integrity. The study concludes that the Constitutional Court has evolved from a guardian of statutory texts into a moral interpreter of the Constitution. To preserve legitimacy and predictability, clearer and proportionate guidelines for exercising ultra petita powers in regional election disputes are recommended.
Assessing Local Communities’ Roles in Geographical Indication Dispute Resolution: Challenges in Southeast Asia Tantimin, Tantimin; Supasiripongchai, Noppanun; Budi, Henry Soelistyo; Disemadi, Hari Sutra; Agustini, Shenti
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.v32i2.27547

Abstract

Geographical Indications require proper protection with adequate mechanisms, including dispute resolution, particularly in the face of further economic developments. This paper evaluates the adequacy of the Indonesian, Malaysian, and Thai frameworks in ensuring the involvement of relevant local communities in GI dispute resolution, employing a normative legal research method and a comparative approach. Findings of this study highlight that Indonesia, Malaysia, and Thailand each establish formal community recognition in GI registration through explicit statutory provisions. However, the translation of this substantive recognition into dispute resolution frameworks reveals procedural gaps. Each country recognizes community involvement yet lacks complete procedural safeguards, with Indonesia providing no institutional representation guidance, Malaysia omitting ADR mechanisms, and Thailand leaving post-registration standing undefined, further heightening the urgency of legal reforms to ensure that local communities in GI disputes and ensuring that they can be involved in many processes that are relevant to the GIs that represent their geographical area and cultural heritage, through formal litigation or ADR.
Crisis Diplomacy from Below: Subnational Legitimacy, Legal Pluralism, and Global Multilevel Governance Dynamics Hakim, Lukman; Negara, Purnawan Dwikora; Sirajuddin, Sirajuddin; Melati, Qatrunnada Hamparan
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.v32i2.27501

Abstract

This Study analyzes how subnational governments in Surabaya (Indonesia), Cebu (Philippines), and Chiang Mai (Thailand) Practice diplomacy amid crises. This study introduces the concept of crisis diplomacy from below, describing how cities navigate centralized legal systems yet engage globally during pandemics, disasters, and economic shocks. Using a Qualitative, theory-guided comparative case study based on MoUs/Lols, city-network documents, and secondary sources, this study finds that a state-centric treaty framework leaves recognition gaps but allows informal collaboration. Grounded in performance-based legitimacy, legal pluralism, multilevel governance, and actorness, cities emerge as pragmatic diplomatic actors employing soft legal tools, networks, and cultural exchanges to overcome legal and institutional constraints. Results indicate greater flexibility and responsiveness in health and disaster management, as well as clearer paths for sustainable development. This study contributes to the field by conceptualizing crisis diplomacy from a bottom-up perspective and proposing hybrid legal mechanisms to legitimize city-level cooperation during crises without compromising sovereignty, thereby advancing an inclusive model of global governance that recognizes subnational actors, particularly in Southeast Asia.
Crypto Mining as a Threat to Energy and the Environment from the Perspective of Criminal Law Reform Fernando, Zico Junius; Arifin , Firdaus; Sunggara, Muhamad Adystia; Muthia, Arini Azka
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.v32i2.27575

Abstract

The rapid growth of cryptocurrency mining has led to significant environmental and energy concerns worldwide. Bitcoin mining alone consumes more than 170 TWh of electricity annually, equivalent to the energy consumption of countries like Poland or Malaysia, and generates nearly 98 million tons of CO₂ emissions. These impacts have prompted stringent global responses, such as China’s nationwide ban on cryptocurrency mining in 2021 and the European Union’s requirement for environmental disclosures from cryptocurrency service providers. In Indonesia, however, regulations remain unclear and fragmented. Current environmental and criminal laws do not yet explicitly address the ecological harm caused by cryptocurrency mining, including high electricity consumption, electronic waste, and unauthorized power connections. As a result, many mining activities operate in a legal vacuum without accountability. This study identifies these legal gaps and proposes reforms combining preventive regulation, corporate criminal liability, environmental transparency, and community-oriented sanctions to strengthen ecological justice and constitutional environmental protection.

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