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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 518 Documents
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LEGAL ISSUES RELATED TO THE SHARIAH ADVISORY COUNCIL IN MALAYSIA Mohd Yasin, Norhashimah
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Malaysia has always aspired to be the hub for Islamic banking and finance. Various measures have been, and are being, carried out to promote Malaysia as an international Islamic banking and financial centre. As the backbone for this, the national Shariah Advisory Council (SAC) has been established under the auspices of the Central Bank of Malaysia Act 1958 (CBMA). Under the CBMA, the SAC has been conferred a statutory function as the authority for the ascertainment of Islamic law for the purposes of Islamic banking, as well as business and other types of Islamic financial businesses. In 2009, the CBMA 1958 was replaced and repealed. With the coming into force of the CBMA 2009, the role and functions of the SAC was reinforced and upgraded in terms of appointments of members and, most importantly, that the Shariah rulings pursuant to any reference made to the SAC by the Civil court or arbitrator concerning Shariah matters shall be binding on the Islamic financial institutions as well as on the court and any arbitrator. The issue of whether or not the SAC is the final arbiter on Islamic banking and finance disputes or, in other words, there is no longer a process of judicial review where it involves Shariah matters, will be the highlight of this paper. To what extent does the post CBMA 2009 solve the binding nature of the SAC upon the Civil courts of Malaysia as its rulings and directives are only relevant to ‘Shariah’ issues? What would be the situations if the issues of the Islamic banking and finance cases are deemed not to amount to a ‘Shariah’ issue, but are purely on banking, land matters or contractual interpretations? Has there any actual legal reform been brought about by this amendment or is it merely a cosmetic changes? If the court were to be bound by the SAC rulings, does this not usurp the independence of the judiciary which is the corner stone of the principle of separation of powers between the executive, the legislature and the judiciary? The above legal issues will be critically explored with the help of cases decided by the Malaysian Civil courts, pre and post CBMA 2009.
LARANGAN PENGASINGAN TANAH DAN PELUANG INVESTASI ASING DI INDONESIA Sumarja, FX
Jurnal Media Hukum Vol 21, No 1 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Throughout the political history, agrarian law in Indonesia recognize the prohibition of land alienation. Foreigners or  foreign  legal  entities  (foreign  investors) were  banned  for  land  ownership.  Argrarian  Fundamental  Lawsstipulates that foreigners domicile in Indonesia and foreign legal entities which have representatives in Indonesia are  only  allowed  to have  land  use  rights  and  building  lease  rights.  In  practice,  foreigners  and  foreign  legalentities prefer  to  acquire  land  ownership  rights by nominee. Whereas  nominee  is  illegal  and  has  very weak legal position. Article 16 paragraph (1) letter h junto Article 24 Argrarian Fundamental Laws open the opportunitiesfor foreign investors  in land tenure through Guna Bangun Serah rights, by positioning the ground as a means of production  rather  than as an  investment. Guna Bangun Serah  in  Indonesia was marked by the birth of  theMinister of Finance of  the Republic of Indonesia Decree No. 470 / KMK.01  / 1994 on Procedures for Removal and Utilization of Assets  / Country’s Wealth, which adopted  the  “Turgut’s Formula”, namely  the construction and management of dams on the river Syehan Turkey.This study aims to find an alternative land ownership for foreign  investors that  require  land as  ingredients, considering  the  limited  tenure  in  Indonesia  to consider  theexpediency  of  justice  and  legal  certainty.  The  new  paradigm  is needed  in  attracting  foreign  investment  in Indonesia, in order to obtain the benefit, justice and legal certainty, through Bangun Guna Serah rights. Article 16 paragraph (1) letter h Argrarian Fundamental Laws stipulates the other rights that are not included: Properties, Cultivation  rights, Building  rights,  Tenure  and Rental  Rights will  be  established  by  law.  Bangun Guna  Serah rights defined as rights to construct a building and / or its facilities on land that is not his own and then utilize the building and  / or  its facilities  in a  certain period of  time that has been agreed, as  in  the  future the  land, buildings  and  / or  the  following  facilities will be  transfered  to  the owner of  the  land after  the  term expired. Guna Bangun Serah  rights  can be  incorporated into  the Land Bill.
FUNGSI BHP SEBAGAI WALI PENGAWAS TERHADAP ANAK DI BAWAH PERWALIAN DALAM RANGKA PERLINDUNGAN ANAK (STUDI KASUS DI BHP SEMARANG) Heriyani, Endang; Yuniarlin, Prihati
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0057.218-231

Abstract

According to Article 45 paragraph (1) Regulations No 1 1974 about marriage, both of the parents have obligation to take care and educate their children as well as possible. But in fact, many events can be watched on parents who do not do their duties as parents. Children who are not in the authority of their parents, will be placed under the guardianship. According to Article 306 of the book of the civil law act in guardianship there should be a guardian which is run by the Heritage Hall. The problem rises is the existence of the Heritage Hall as the guardian watch in guardianship that can give protection to the children under the guardianship and how are the efforts to optimize the function of the Heritage Hall as the guardian watch to the children under the guardianship. This research is a normative and an empirical law research. The conclusion of this research is that the guardian's obligations and the obligations of the Heritage Hall as the guardian watch if it is executed to provide protection to the children, both the personality and the treasure. Thus, the position of Heritage Hall as the guardian watch needs to be maintained. The efforts of Heritage Hall to optimize the function of the Heritage Hall as the guardian watch can be reached by the bill of draft legislation about Heritage Hall. By maintaining the provisions of the book of civil law act or S 1872 No 166 on the instruction of Heritage Hall, which are still needed by the Heritage Hall in doing the duties.
REKONSTRUKSI MODEL PUTUSAN HAKIM PERKARA KDRT MELALUI PENDEKATAN HUKUM PROGRESIF Endrawati, Lucky; Aprilianda, Nurini; Farikha, Mufatikhatul
Jurnal Media Hukum Vol 22, No 1 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0048.73-94

Abstract

Case of domestic violence had increased every year, this is caused by people have a paradigm that domestic violence is privat domain. Even though, domestic violence be regulated by domestic violence elimination Act number 23 in 2004, but the victim often don’t recognize justice. In common law jurisdictions concentrate on judges, whose opinions contain masses of reasoning. In civil law jurisdictions, they focus more on the writings of jurists, both because their works are regarded as important evidence of what the law is, and because court judgements are much less elaborate in their ratiocinations, judge legal reasoning used Act priority, specially Act for Domestic Violence Elimination. So, that reasons for use progressive law approach
COMBATING PIRACY: THE INDONESIAN CASE Kamil Ariadno, Melda
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Piracy at sea has been a threat to international navigation ever since the sea traverse by ships from west to east and north to south. Threat to international trade has resulted to various efforts in combating piracy regionally as well as internationally. International law has differentiated between piracy and sea-armed robbery, while the first requires regional or international cooperation due to universal jurisdiction, the second will directly fall under the jurisdiction of coastal state. Strait of Malacca has been used by international navigation and very fragile to the threat of piracy or even appropriately called as sea armed robbery since most of the time happened in the part of Indonesian territorial sea. Various efforts to combat piracy have been carried out by Indonesia including to cooperate with Malaysia and Singapore. This article discuss about piracy at sea, its legal definition and effort to combat piracy.
PENYELESAIAN KONFLIK PENGELOLAAN SUMBER DAYA ALAM BERBASIS PRANATA ADAT Sulastriyono, Sulastriyono
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Conflict resolution of natural resources management is considered to be based on adat institutions when a conflict is resolved by adat law justice system in an adat forum by applying adat norms. Government, adat law community, and the private sector parties must be serious in empowering adat institutions. The seriousness of the government towards the recognition of adat intitution is outlined in the legislation. The seriousness of the adat law community is shown by receiving critically and carefully various new values that are good for strengthening the social life of the next community. The position and status of members of adat law communities are not only as a passive recipient of the local culture, but also as an actor, creator, and innovator agents of adat institutions. Members of adat law communities as active subjects carry out innovation and revitalization of adat institutions in order to adjust to the challenges of the times. The seriousness of the private sector is manifested in the willingness form of consultation with members of adat law communities to understand the feelings of the heart and the willingness of members of adat law communities.
Perjanjian Kerjasama Jasa Operator Yang Aman Dan Menjamin Kepastian Hukum Di Bidang Transportasi Anggriani, Reni
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0062.294-308

Abstract

A success in the business world could be seen one from the absence of problems nor disputes among the business people.The interests of investors either business people in conducting business transaction caused by the availability of a certainty within the business itself. The investor or business people would be interested to conduct a business or transaction with the result that there are teasing and ensure legal certainty in the position of conducting business or cooperation in these efforts. Perhaps even legal certainty is a major factor which is very important for them to conduct business, especially a business or partnership that has a very large nominal value, including the cooperation in transportation sector, especially the service provider. Legal certainty is a major factor to gain the trust and convince the investors to do a partnership in conducting business transactions. One of kinds of legal certaintycould be stated in a written agreement in which regulates everything that had been agreed upon by the parties who enter into agreement. The cooperation of operator services in transportation sector actually has usually conducted even though several of them conducted without a clear agreement between the rights and obligations of the parties, that when there is damage to the armadas for example if it is not agreed in advance, the parties who will bear the cost of the damage that will refuse the responsibility.Likewise, the method of payment to be clear on how and what if there is a delay or no increase in the price of fuel the vehicle or if there is inflation is going to affect the implementation of on going cooperation agreement. Moreover if all that does not set out clearly and firmly  will lead to problems that will result in performance.
PENGUJIAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG OLEH MAHKAMAH KONSTITUSI Imbawani, Djoko
Jurnal Media Hukum Vol 21, No 1 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Constitutional Court (MK) through Verdict Number 138/PUU-VII/2009 have, conclusion  that authoritative MK to check, to  judging, and breaking application of examination of Regulation of Government of Substitution of Code.  Though  article  24  C  sentence  (1)  Constitution of  Indonesia  State  1945  (III  amendment)  for  example authoritative test  inviter code  to  constitution,  to uphold supremacy of constitution. Assessment  to  regulation of  government of  substitution  of  code  according  to  rule  articles  22  sentence  (2) Constitution of  Indonesia State  1945  conducted  by  Parliament  in  next  conference.This  Research  type  is  research  of  law  of  normative. Approach which utilized in this research is approach of law philosophy, approach of law theory, and constitutional approach. The system based on the Constitution’s attempt to RIS or UUDS,  judicial it does not allow review of product  in the  form of  legislative act because  the product  is a  result of the exercise of  sovereignty,  let alone judicial  review  against  a Perpu.  Similarly a Perpu born based on  the Constitution  of 1945  (original  text) also cannot be done  yudicial  review. After he did  the  amendment to  the Constitution process yudicial review  can be done. Yudicial review against a Perpu can be done, but  the need for the restriction that a Perpu substance should  set  things outside  the  realm of  the  Executive branch  can do  yudicial review.
ENHANCING VALUE OF CUSTOMARY LAND: A CASE STUDY OF NEGERI SEMBILAN Jaria Maidin, Ainul; Zulkarnain, Ramawansyah; Sarah Sulaiman, Siti; Mohd Ramli, Norhidayah
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

This paper examines the role of law in enhancing the value of customary land which is an integral part of the social and economic aspect of the adat perpatih community in the State of Negeri Sembilan, Malaysia. Tracts of customary land has been left idle for some time since 1980s mainly because of the wrong perception that agricultural activities will not yield fast and high returns. The Malaysian government identified various strategies to help alleviate rural poverty since the early days of independence. Despite the efforts undertaken by the government, the major problem posed to the government agencies is the increasing rate of idle agricultural land. Data were collected from interviews with affected landowners in Negeri Sembilan, the adat leaders, the State Authorities responsible for land administration and development, Federal government agencies established to address rural development strategies to identify the reasons for the increase in the idle agricultural landdespite the policies and measures undertaken by the government for promoting efficient use of the land. Research identified that there are factors impacting adversely on the successful implementation of the government’s plans to develop idle agricultural lands. This problem if left not being watched will impact on the supply of agriculture land available for development. This paper sets out the legal measures that can be adopted in addressing issues relating to idle agricultural land, the problems faced and the proposals to overcome the problems to prevent the loss of supply of land available for agriculture development which is very crucial to ensure food security and promote sustainable development of the rural community that can have the effect of enhancing the values of customary land.
INCORPORATING GOOD LAND GOVERNANCE IN THE DISASTER REGION OF YOGYAKARTA Sunarno, Sunarno
Jurnal Media Hukum Vol 22, No 1 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0044.1-16

Abstract

Land is one of the most major capitals in our life. Without it, sustainability of human existence is very impossible. Unfortunately, land problems in Indonesia have unique challenges compared to other countries. Many of kinds of challenges are in the form of the natural disasters. This paper is going to measure how well the principles of good governance has been incorporated in the Yogyakarta Special Region Land administration System generally by studying on the Merapi Disaster Mitigation, particularly in how  land planning for the Merapi Disaster’s victims is performed. The research methodology employs a combined research method, it means that fundamental principles in process and its output of both the doctrinal and non doctrinal approaches is synergized to based on the research’s activity unites. Configuration of  the land administration systems in achieving people prosperity has been affected by evolution of political, cultural, and legal awareness of local communities and central government policy. To conclude, incorporating a disaster response based land policy principles requires an integrated law and policy making system among parties through the implementation of good governance principle in the record of public participation voices and sustainable development interests. Notable reports illustrate that the good land governance incorporation encouraged and inspired land planning system to be more efficient and effective. Particularly in the natural disaster mitigation and reconstruction, incorporating good land governance principles furthermore encourages land policy makers to achieve the responsive land management in line with social demands and sustainable development programs.

Page 6 of 52 | Total Record : 518

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