Jurnal Media Hukum
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.
Articles
518 Documents
<![CDATA[RIGHT TO ACCESS INFORMATION IN DECENTRALIZED INDONESIA: A SOCIO-LEGAL INQUIRY ]]>
<![CDATA[Perdana Wiratraman, Herlambang]]>;
<![CDATA[El Muhtaj, Majda]]>;
<![CDATA[Kasim, Ifdhal]]>
<![CDATA[ Jurnal Media Hukum Vol 22, No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2015.0045.16-35
<![CDATA[Indonesia is no longer an authoritarian country, and no longer centralized government. Decentralization processes since 1999 has changed local democratization in a wider participation. Nevertheless, the culture of openness and incorrupt have been far from the more ideal situation. Bribery, corruption and unresponsive public services have been continuously and more systematic taking place. In that context, the Government of Indonesia enacted Law No. 14 of 2008 concerning Public Information Openness (Keterbukaan Informasi Publik or called PIO Law), which is implemented since 30 April 2010. The PIO law is believed to contribute to the better decentralization processes and economic-political democratization at local level. Nevertheless, although right to access information was guaranteed by law, but it has been applied in limited process. Such situation actually gives clear evidence that decentralized Indonesia should be questioned, especially in terms of how the right to access information has been applied in a meaningful way after the enactment PIO Law in 2008 and, what the dominant problems in implementing right to access information are. This article will elaborate the norms and practices of PIO Law by using the rule of law point of view.]]>
<![CDATA[RIGHT TO PROPERTY: THE LAND ACQUISITION ACT 1960 AND THE SHARIAH PERSPECTIVE ]]>
<![CDATA[Asiah Mohamad, Nor]]>;
<![CDATA[Sufian, Azlinor]]>;
<![CDATA[Harun, Azmi]]>;
<![CDATA[Amin, Naemah]]>
<![CDATA[ Jurnal Media Hukum Vol 20, No 1 (2013) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[Islamic law recognizes both private and community property. This community rights are manifested in forms of entitlement for charitable purposes, known as waqf or trusts, sadaqah as well as zakat. Under the Shaâriah, however, ownership of all property ultimately rests with God. Though individual property rights are upheld, there is a corresponding obligation to share, particularly with those in need. In Malaysia, the right to property is a constitutional right and thus, the acquiring authority cannot deprive a person of his land in an arbitrary manner. This paper discusses the extent of which the acquisition law falls in line with Shariâah thus preserving the right to property as determined by Shariâah to individuals. Similarly, the paper also looks at some basic principles sustained by the court in determining whether the working of the acquisition law falls within the constitutional guarantee provided under Article 13 of the Federal Constitution and the Shaâriah. A study of the case law reveals that human errors due to greediness and lack of responsibility have contributed to some of the problems in land acquisition.]]>
<![CDATA[TRANSBOUNDARY HAZE POLLUTION IN THE PERSPECTIVE OF INTERNATIONAL LAW OF STATE RESPONSIBILITY ]]>
<![CDATA[Gunawan, Yordan]]>
<![CDATA[ Jurnal Media Hukum Vol 21, No 2 (2014) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[In recent decades the Southeast Asia Countries have been affected by haze pollution which is caused by human activities in burning land/forest for plantation and/or agriculture. Indonesia is one of the major sources of the haze pollution in the region. The pollution does not stop at national borders only, but also causing transboundary pollution to the neighboring countries such as Malaysia and Singapore. As a reaction of this environmental crisis, ASEAN Agreement on transboundary Haze Pollution was signed. The Agreement recognizes that transboundary haze pollution which resulted from land and/or forest fires should be mitigated through concerted national efforts and international cooperation. As of June 2013, all the ASEAN countries, except Indonesia, have ratified the agreement. However Indonesia hopes to ratify the haze agreement by 2015. The study is normative legal reserach with Statute Approach and Case Approach. By using the qualitative descriptive method, this study will discribe the ransboundary haze pollution in details which could be seen in some international laws concerning law of state responsibility as for Draft Articles on State Responsibility and 1997 ASEAN Agreement on Transboundary Haze Pollution. The result shows that Indonesia needs to do the action, not onlyin term of how to combat the forest fires with the deployment of personnel from ASEAN, but also preventing issue of it, namely by making the rule of law which effectively penalize the forest burning. Most of these problems can be overcome only if Indonesia ratified the ASEAN Agreement on Transboundary Haze Pollution.]]>
<![CDATA[INTERPRETASI BENTUK BADAN USAHA MILIK DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA ]]>
<![CDATA[Sri Kusuma Dewi, Amelia]]>;
<![CDATA[D. Prasetyo, Ngesti]]>
<![CDATA[ Jurnal Media Hukum Vol 22, No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[This research aimed to analyze about Interpretation Forms village-owned enterprises According to Law No. 6 of 2014 About the Village. To answer the legal issues mentioned above, the type of research conducted by the researchers are using a normative juridical research, by using the approach the statute approach and conceptual approach. From the analysis of Law No. 6 of 2014 About the village and its implementing regulations, it was concluded that the establishment of village-owned enterprises, the Government does not impose the form of a particular enterprise, this is an effort to grow the rural economy naturally through a form of business entity characterized by village, Rule further that in terms of business activities can run and well developed, it was possible at the time village-owned enterprises follow legal entities established in the provisions of the legislation, here the researchers interpret of legislation, that the legal entity in question is Village Public Company. Additionally village-owned enterprises can consist of business units that are legal entities which may be institutions whose business is derived from its ownership village-owned enterprises and communities.]]>
<![CDATA[URGENSI PEMBARUAN COMMERCIAL CODE DI BIDANG PELAYARAN GUNA MENJAMIN PERLINDUNGAN HUKUM KONSUMEN (STUDI PERBANDINGAN DI PELABUHAN PORTKLANG MALAYSIA) ]]>
<![CDATA[Syamsudin, Muhammad]]>
<![CDATA[ Jurnal Media Hukum Vol 21, No 1 (2014) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[This study was aimed to reform some of regulations of the commercial code in shipping which are no longer adequate in the present development. The main issues of the study are: (1) How is the development of commercial code in regulating shipping matter in Indonesia?; (2) Which regulations of the commercial code are necessarily to be reviewed to guarantee the legal protection of consumers?; (3) How is the practice of commercial code in Malaysia as a comparison in regulating the port in Indonesia?. The study uses the traditions of normative legal research. Legal materials are collected by studying document both the primary legalmaterials and secondary legal materials. Legal materials are analyzed by both of themes and content analysis. The analysis of the theme is focused on topics of commercial code that needs to be reviewed. On the other hand, the content analysis is aimed to the contents of the legal provisions of the commercial code which are no longer appropriate , and it needs to be replaced by the new ones. The results of the study shows that there are some commercial code regulations that need to be reviewed namely: (1) It relates to the definition of the contract and the parties involved in the making of the contract; (2) It is necessary to determine the limits of liability and responsibility of the carrier, and the protection of shippers (customers); (3) From the results of the comparative studies at the Port Klang Malaysia demonstrate that normatively Indonesia is not left behind in terms of regulating commercial Code. It demonstrates that in practice Indonesia has imposed the Hage Visby Rules 1968, although Indonesia has not yet ratified it. On the other hand, Malaysia still imposes the Hague Rule 1924. The facts prove that PortKlang in Malaysia is more advanced than the ports in Indonesia in terms of infrastructure availability. Portklang engagesin 13th rank among ports in the world, while the ports in Indonesia are not included in the world rank.]]>
<![CDATA[CONTRACT OF WORK AS AN INTERNATIONALIZED CONTRACT: A SUI GENERIS RELATION OF FOREIGN INVESTMENT ]]>
<![CDATA[Saraswati, Nanda]]>
<![CDATA[ Jurnal Media Hukum Vol 22, No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2015.0050.110-126
<![CDATA[Contract of work is an agreement made between the government of the Republic of Indonesia with foreign companies, and or joint ventures between foreign companies with domestic legal entities to carry out exploration and exploitation in general mining or oil and gas out of the earth, in the time period agreed by both parties. One of the foreign companies in cooperation with the Indonesian government in this field is PT Newmont Nusa Tenggara which form the contract of work in the field of utilization and development of mining potential in Indonesia. However, Act No. 25 of 2007 on Investment, Chapter IV of Form and Position Enterprises in Article 5, paragraph 2 requires that the foreign investment shall be in the form of a limited liability company based on Indonesian law and domiciled in the territory of the Republic of Indonesia, unless specified otherwise by law. Therefore, a contract of work is often regarded as a national contract by many parties. Others suggested that such contract which involves foreign investment transaction is sui generis, or in other words a quasi-public international contract. This paper will discuss the foreign elements of the contract and conclude that the contract of work can be categorized as an international contract.]]>
<![CDATA[THE NATIONAL AND SHARIA ARBITRATIONS: A COMPARATIVE STUDY ]]>
<![CDATA[Fitriyanti, Fadia]]>
<![CDATA[ Jurnal Media Hukum Vol 20, No 1 (2013) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[In the business world, of course, many considerations that underlie the business actors to choose arbitration as a dispute resolution efforts for dispute that will or they face. Among the advantages of arbitration over court based on Arbitration Act are the parties can choose the arbitrator. Although in the arbitration the parties can select arbitrators who are experts in their fields, seem the consideration to establish BASYARNAS (The National Sharia Arbitration Board) at first certainly raises the pros and cons. Based on the description of the background of the above problems then the formulation of the problem is how the comparison between national arbitration and sharia arbitration where the discussion focused on Rules and Procedures of BANI (The Indonesia National Board of Arbitration) and BASYARNAS. The substance of similarities between National arbitration and Sharia arbitration in the same way of resolving disputes other than through the courts or alqadla. With regard to the legal basis for the enactment of a national arbitration refers to Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution, while sharia arbitration is not set explicitly in the Law No. 30 of 1999 even in this act there is no article that offends the existence of sharia arbitration.The existence of sharia arbitration is recognized in the elucidation of Article 59 paragraph 1 of Law Number 48 of 2009 concerning the judicial power, which reads referred to arbitration under the provisions of the law including the sharia arbitration.There are some differences between national arbitration and sharia arbitration, the differences are the source of law, the legal principle , the jurisdiction of authority, pre-hearing phase, hearing phase and enforcement of the arbitral award phase.]]>
<![CDATA[DAMPAK PEMILIHAN UMUM SERENTAK BAGI PEMBANGUNAN DEMOKRASI INDONESIA ]]>
<![CDATA[Prasetyoningsih, Nanik]]>
<![CDATA[ Jurnal Media Hukum Vol 21, No 2 (2014) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[Elections are a democratic mechanism to elect person who will represent the people and lead the government. Since 1955; Indonesia has been held 11 general elections. According to the Article 1 (3) 1945 Constitution, which mentioned the principle of popular sovereignty; it means that people hold the highest authority should be given the opportunity to determine the power. The aim of this study was to analysis of the effect of electoral systems for developing Indonesiaâs democracy. Talking on democratic government its always related with the degree of legitimation, means that the government should have the legitimation from the people trough the general election. The type of research is a legal research with normative point of view. The approach of the research are statue and conceptual approach. The main data of this research is a secondary data, which consist of a primary legal material and secondary legal material. In 2014, Indonesia hosted the general election to elect the parliament members and President which held in the different day. A month before general election done, the Constitutional Court announced the judicial review verdict of Law Number 42 Year 2008. Constitutional Court decided the legislative elections and the election of the president and vice president were held simultaneously. Decision of constitutional court Number 14/PUUXI/2013 has legal implication on general election of 2014 and also general election of 2019. From the very beginning the new law was endorsed, the General Election Commission have made all preparations to organize simultaneous elections in Indonesia. The goal is mainly to reduce costs. Indonesian democracy has long been perceived as being too costly. The quality of democracy depends on the fairness of general election not the cost. Everybody get their rights properly and savely. This is important to ensure justice while at the same time avoiding possible conflict.]]>
<![CDATA[LEMBAGA PERADILAN DALAM PERSPEKTIF PEMBARUAN HUKUM ]]>
<![CDATA[Arifin Hoesein, Zainal]]>
<![CDATA[ Jurnal Media Hukum Vol 20, No 1 (2013) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[The study aims at knowing the judicial power in legal reform perspective. In principle the rule of law, all public policy and election of public officials must be based on the rule of law. To realize the principle of supremacy of law, then one major factor is the presence of the judiciary is the embodiment of judicial power is independent, and authoritative. Law enforcement can not be regarded merely as a process of applying the law, however, has a broader dimension especially with regard to the dimensions of human behavior. The legal problems that will always stand out is the problem of âlaw in actionâ and not âlaw in the booksâ. The judge is not only a spokesman for the law, but even further is the spokesman for law and justice. This means that the judiciaryfunction as an institution that is able to translate the law in concrete when dealing with written legal norms/laws, and even be able to find the law, when a legal vacuum. In this perspective the judiciary can function as a locomotive of legal reform, if the judiciary can run freely and independently, and adhering to the principlesof justice and expediency.]]>
<![CDATA[IMPLEMENTASI UNDANG- UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK DALAM UPAYA MELINDUNGI KEPENTINGAN ANAK ]]>
<![CDATA[Varida Ariani, Nevey]]>
<![CDATA[ Jurnal Media Hukum Vol 21, No 1 (2014) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[Children are a mandate from God Almighty which in them laid a dignity as human beings. Children need protection against negative effects of a fast-growing developmnet. This essay is trying to discuss about howâs the implementation of the law of SPPA and the Government of Indonesiaâs efforts in protecting children especially those who are conflicted with the law in accordance to The Law number 11 Year 2012. The method applied in this essay is qualitative socio-legal approach, based on the library data. In the investigation process, prosecution until the proceedings, there still be diversion process Is ultimately enforced considering the childrenâs age and the penalties are not over than 7 years. If this diversion process is not applicable then the judicial process is becoming ultimum remedium, putting the children in LPAS, LPAK and LPKS. Those institutions are expected to give new hopes to children whoâs dealing with the legal matters. Through the approching system in Juvenile Criminal Court Process from investigators, prosecutors, judges, advocates to the public counselor, both the Ministry of Law and Human Rights and the Social Ministry, it is necessary to establish a clear coordination and role in implementing the Juvenile Criminal Court System.]]>
