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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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TANGGUNG JAWAB PIDANA NOTARIS DALAM KEDUDUKANNYA SEBAGAI PEJABAT PEMBUAT AKTA Amiruddin, Amiruddin
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.2015.0055.190-204

Abstract

Notary is a profession which honors moral values so that every act violating the law conducted by the notaries in performing their duty must be legally liable. In serving their function, it is possible for them to make various kinds of mistake such as administrative error which results in administrative liability, civil fault which causes civil liability, and criminal defect which begets criminal liability. The criminal liability of the notary is based on the criminal law principle geen straf zonder schuld (there is no convict without any offense). If the notaries commit an act against the law and they are able to be responsible for it, either it is done intentionally or unintentionally, they have to receive the legal consequence without any mercy. Therefore, the parameters of the criminal liability are the act against the law and the offense. Those make it possible for the notaries to be condemned. 
ISLAMIC CRIMINAL LAW AS A BRIDGE OF CONTENTION BETWEEN PUBLIC AND INDIVIDUAL INTEREST WITHIN RESTORATIVE JUSTICE Fathurokhmandan, Ferry; Fauzi, Ahmad
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.2015.0046.36-56

Abstract

Restorative justice has been developing broadly in many countries as a new paradigm in the criminal law field.  Following the necessity and global trend, Indonesia has made an effort to replace the current Juvenile Court Act (JCA) with the new one, called Juvenile Criminal Justice System Act (JCJSA), which utilizes diversion as a restorative justice program for juvenile delinquent which took into effect since July 2014. As a new paradigm, restorative justice has been criticized sporadically. One of the critics is how to balance public interest and individual interest when they are in conflict regarding the restorative justice settlement that reached by the victim and offender. The contention between the proponent and opponent of the restorative justice movement on this issue is remains unsolved up to present. This issue is also possible may be arise when the Indonesian government enforces JCJSA. As a Muslim-majority country, Indonesia has an opportunity to resolve the contention by offering Islamic Criminal Law (jinayat) as an approach method since restorative justice values exist also in Islamic criminal law. There are at least two notions why Islamic criminal law could relax the contention. Firstly, historically Islamic law ever existed in Indonesia. Secondly, restorative justice values exist in Islamic Criminal Law. This paper will try to portray restorative justice in Islamic criminal law point of view in order to mollify the contention.
IDEOLOGI DAN KONSTITUSI DALAM PERKEMBANGAN NEGARA-BANGSA INDONESIA: REKONSTRUKSI TRADISI, DEKOLONISASI, DAN DEMOKRATISASI Fitriciada Azhari, Aidul
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The research has purpose to investigate the development of Pancasila and the 1945 Constitution as the ideology and the constitution of Indonesia amidst the development of nation-state post-World War II and post-Cold War and its implication to position of people as a nation and citizens. With a socio-legal approach, the research found that the development of Pancasila and the 1945 Constitution has changed from the ideology and the constitution of postcolonial to the ideology and the constitution of post authoritarian. The change is marked by reduction of reconstruction of tradition and decolonization in the 1945 Constitution. Then, those are replaced by a purpose to democratization of the 1945 Constitution according to the universal values. The change that emphasizes on majority rule and rational choice also has shifted character of people from collectivity as a nation to individuality as a citizen.
PENILAIAN PROFESIONALISME ADVOKAT DALAM PENEGAKAN HUKUM MELALUI PENGUKURAN INDIKATOR KINERJA ETISNYA Raharjo, Agus; Sunarnyo, Sunarnyo
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The range of advocates work happens from investigation to law enforcement. The scope of the extensive works as a guard puts a major advocate in the resolution of the criminal case. The strategic position of the advocate and the pressure to win every case has caused most advocates take disgraceful behavior to achieve goals. Advocate profession as a real respectable profession (officium nobile) stained by the act of advocate it self. Personal commitment to uphold professional ethics in the performance of duties is not supported by an adequate level of supervision. Indeed, in the field of work, advocates have independence, but in relation to professional ethics they are under control of supervisor commission established by the advocate organization. According to what we need the supervision maximized through ethical assessment of performance indicators. This article will explain what ethical performance indicators are and their assessment of informants who become the object of research.
REPOSISI POLITIK HUKUM PERJANJIAN INTERNASIONAL DALAM RANGKA MEWUJUDKAN TERTIB HUKUM DI INDONESIA Puspitawati, Dhiana; Kusumaningrum, Adi
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.2015.0060.258-273

Abstract

In Indonesia, here is no exact politic and legal system regarding the application of International Treaty within national legal system. Article 11 of Indonesian Constitution 1945 merely envisages the division of authority between President and Parliament in ratifying international treaty, however, such article does not state clearly Indonesia’s legal politics concerning the application of international treaty within national legal system. The lack of clarification on Indonesia’s legal and political system in such area raises problems in the application of international treaty domestically. This research is aimed to:  (1) analyses Indonesia’s legal politic concerning the application of international treaty towards Indonesian Constitution 1945 as well as other legal instruments; (2) analyses legal implications of international treaty upon Indonesia’s national interests and; (3) propose concept on legal politic regarding the application of international treaty in Indonesia. Since legal politic is crucial in supporting which law should be implemented towards state’s national goal, it is important to clarify Indonesia’s legal politic concerning the implementation of international treaty. As stated by Hans Kelsen, that as the application of the rule of law, a state should eliminate existing inconsistency and overlaps of its laws.
PENERAPAN PRINSIP SYARIAH DALAM PERMODALAN BANK SYARIAH Wahyu Muhammad, Danang
Jurnal Media Hukum Vol 21, No 1 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Islamic Bank  is a bank  that  is based on Syariah principles. The principles must  always be obeyed both  in  the establishment and  in the operational,  including  the  financial capital.  Regarding  the capital,  it must not come from  a  source  that  is  considered  as  haram  according  to  Syariah  principles, which will  cause  a mix  between halal  and  haram.  Something  that  is  halal must  be  strictly  separated  from  something  that  is  haram,  and  vice versa. This paper discusses The Application of Syariah Principles in Islamic Bank Capitalization. Several principles are  applied  and must  be  obeyed by  Islamic  Bank,  namely: Al-Ta’awan  Principle,  Principle  of Avoiding  (Al-Ikhtinaz)  from  gharar, masyir,  and  riba.  As  a  part  of Islamic  Economy,  the  activities  of  Islamic  Bank  can  be observed  from  four  points  of  view,  namely;  ilahiyah  economy,  ahlaq  economy, humanity  economy,  and balance economy. Meanwhile, from several viewsnof Muslim Economists,  it can be concluded that the core of Islamic  teaching  is  tauhid, which means  that  all  human  activities  in  the world,  including economy,  is merely for  ibadah  –  act  of  devotion  – which  is  aimed  at  following  one  law,  Allah’s  law.  The  value  of  tauhid,  in practice,  is  interpreted  in many  valaes  and  there  are  three basic  values  that  become distinguishing factors between  Islamic economy and other, namely adl, khilafah, and takaful.  It can be conladed that  is a possibility that  Syariah  Principles  are  violated  by  Islamic  Bank  in  terms  of  its  capitalization.  This  can be  see  from  the missing of requirements that make it compulsory for all founders to make a statement letter which states that the  financial  capital  deposited  to  Islamic  Bank  does  not  come  from  a  source  which  is  considered as  haram according  to Syariah  Principle.  The  consequence  of  the missing requirement  is  the  possibility of  receiving haram  financial  capital  from the  founders.  Should  this happen,  then Syariah Principle  is violated.
PEMBANGUNAN HUKUM PERLINDUNGAN NELAYAN TRADISIONAL DI ACEH DALAM KAITAN PEMANFAATAN SUMBER DAYA PERIKANAN SECARA BERKEADILAN Sulaiman, Sulaiman; Adli Abdullah, Muhammad; Muttaqin Mansur, Teuku; Zulfan, Zulfan
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Traditional fishermen feel the impact of the damage of marine ecosystems and fisheries. The damage is not only caused by the consumption aspect, but also due to the government policy. Although it has great potential, but most of the traditional fishing communities are poor. This study seeks to answer three questions, namely: how to protect traditional fishermen in Aceh in connection with the consumption of fishery resources? What factors cause justice to be important in the context of the protection of traditional fishermen? How does the development of the law is supposed to do to protect traditional fishing? This study examines the law in non-doctrinal perspective with socio-legal approach. The third source of information is the Bureau of Maritime Affairs and Fisheries, FAO staff, the community of fishermen, fishery-environmental NGOs, and academics marine, fisheries, and the customary law of the sea. Protection of traditional fishermen is very important undertaken by the country in the consumption of fishery resources due to the presence of traditional fishermen in exploiting fisheries resources not only as an economic activity, but also related to culture. Fairness factor in the protection of traditional fishermen need to be explored to remember a few things, namely poverty, access, utilization, ease of access to markets, and access management. Development protection laws in connection with the issue of fishermen should be the most important principle, which is to bring the state in providing basic rights as outlined in the Constitution. Access restrictions or lack of interest will basically lead a traditional fishing in marginal conditions either political, social, cultural, or economic. This study suggests that in order to restore the traditional fishermen, it is important to conduct study on the various legislations, ranging from legal to technical regulations, to find a map of the position of traditional fishermen in Indonesia. Based on these maps, traditional fishing is authorized with the participation of various sectors of the program provided for the fishing communities.
REKONSTRUKSI KEWENANGAN KONSTITUSIONAL KOMISI YUDISIAL Edy Subiyanto, Achmad
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.2015.0052.140-155

Abstract

After the Amendment of the 1945 Constitution of The Republic of Indonesia, The Judicial Power has become the most fundamentally power and also as a part of the axis of power which its function is to enforce justice. According to the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power in the structure of state power, is still placed at the power that is free from intervention or influence from other power in exercising its authority. In the structure of state power, after the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power shall be implemented by a Supreme Court and judicial bodies underneath it in the form of public courts, religious affairs courts, military tribunals, and state administrative courts, and by a Constitutional Court. The Amendment of the 1945 Constitution of The Republic of Indonesia, also spawned a new institution, which its function is relating to judicial power, namely an independent Judicial Commission which shall possess the authority to propose candidates for appointment as justices of the Supreme Court and shall possess further authority to maintain and ensure the honour, dignity and behaviour of judges.
REKONSTRUKSI KEDUDUKAN KETETAPAN MPR DALAM SISTEM KETATANEGARAAN INDONESIA Widayati, Widayati; Absori, Absori; Fitriciada Azhari, Aidul
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Amendments of UUD 1945 Constitution to change the state system of Indonesia, including changes in state institutions, especially institutions MPR. After amendment of 1945 Constitution, MPR position parallel with other state institutions, and the authority of MPR also changed. MPR no longer as the highest state institutions and actors sovereignty of the people so that their authority is very limited. MPR no longer authorized to elect the President and Vice President, and is no longer authorized to establish GBHN. By not competent MPR sets GBHN, then MPR is not authorized to establish to form TAP MPR. It becomes polemic when Law No. 12/2011 2011 places TAP MPR to the kind and hierarchy of Laws and Regulations. Therefore, This research will analize the development of position of TAP MPR related to authority of MPR, then reconstructed to the position of TAP MPR on Indonesia’s constitutional system. The method used to analyze is normative. In the reconstruction of the position of TAP MPR carried by the fifth amendment of the 1945 Constitution to strengthen the MPR institutions and give the highest authority MPR, one of which is to develop a state policy that is poured into legal products MPR.
KAJIAN TENTANG PERTAUTAN HUKUM HUMANITER INTERNASIONAL DENGAN HUKUM PENGUNGSI Riyanto, Sigit
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

International Humanitarian Law and International Refugee Law are two branchs of law relevant to the protection of human rights in a specific context. This research aimed at evaluate the relationship of these two branchs of law. Legal materials that thoroughly considered and analized in this research were relevant international rules and facts embodied in international customs, general principles of law, international treaties, conventions, declarations and decisions of international organisation, recommendations, academic publications, proceedings and working papers. Based upon the analysis of the existing legal materials, eventually, it could be inferred that International Humanitarian Law has influenced International Refugee Law both in the standard setting and in the interpretation process. The rules embodied in these two branchs of law established a continuum protection for the victims of confilct with violence. Two international humanitarian agencies; International Committee of the Red Cross and the United Nations High Commissionner for Refugees has served as the guardians in the framework of promotion and implementation of these two branchs of law. Grave breaches of International Humanitarian Law and acts triggered international displacement were international wrongful acts and generate state responsibility.

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