Media Iuris
Media Iuris E-ISSN (2621-5225) is an open-access-peer-reviewed legal journal affiliated with the Faculty of Law of Airlangga University, which was published for the first time in 2018 in the online version. The purpose of this journal is as a forum for legal scholars, lawyers and practitioners to contribute their ideas to be widely disseminated for the development of legal science in Indonesia. This journal is published three times a year in February, June and October. Scope of articles ranging from legal issues in the fields of business law, constitutional law, administrative law, criminal law, international law, comparative law, and other legal fields.
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<![CDATA[KONSTITUSIONALITAS MODEL PENGISIAN JABATAN WAKIL KEPALA DAERAH DALAM PENYELENGGARAAN PEMILIHAN KEPALA DAERAH (PILKADA) ]]>
<![CDATA[Wilda Prihatiningtyas]]>
<![CDATA[ Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v1i2.8836
<![CDATA[The local government is very important in the context of unitary state according to Indonesia Constitution (UUD NRI 1945). There is no constitution in the world that does not regulate important thing regarding to local government or state government explicitly. Therefore formulations charging a place on local government may be related parameter early governance in the region. There are 2 (two) important issues relating to constitutionality of model charging office deputy head of the regions in the regional head election. First, standing of deputy head based on the laws. Second, constitutionality of model charging office deputy head of the regions based on Law No. 1/2015 jo Law No. 8/2015. In this paper, there are 2 (two) models in placing the position of deputy head of region. First, the position is hierarchical under the head of the region with the argument that the deputy head of the region appointed by the head of the region. And second, the position of the deputy head of the region is considered parallel to the regional head because both are directly elected by the people in a package.]]>
<![CDATA[ITIKAD BAIK DALAM PROSES MEDIASI PERKARA PERDATA DI PENGADILAN ]]>
<![CDATA[Ajrina Yuka Ardhira]]>;
<![CDATA[Ghansham Anand]]>
<![CDATA[ Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v1i2.8821
<![CDATA[Mediation is a duty which must be taken by the parties wishing to settle its dispute in the Court as specified in the Civil Procedure Code and in accordance with Article 130 HIR and 154 RGB. To improve the regulation of mediation in the Court, the Supreme Court shall issue its Regulation, namely the Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in the Court. Where the regulations on mediation as stipulated in the Supreme Court Regulation No. 1 of 2016 use good faith in its formal conditions. And with such a condition the Supreme Court expects the success rate of mediation in the first level to increase so as to reduce the number of cases accumulated at the Supreme Court. Good faith as a duty to the parties in the Supreme Court Regulation Number 1 Year 2016 is made clear in Article 7 paragraph (1), where there are legal consequences for parties that are considered not having good intentions by doing things listed in Article 7 paragraph (2) , namely Article 22 for the plaintiff and Article 23 for the defendant. ]]>
<![CDATA[KONTRAK KAPITASI DALAM HUKUM KONTRAK INDONESIA ]]>
<![CDATA[Andini Aprilia Wardhani]]>;
<![CDATA[Erni Agustin]]>
<![CDATA[ Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v1i2.8826
<![CDATA[The existence of Act No. 3 of 1992 on Social Security of Labor which regulates that a company is required to provide social security, one of them by providing health insurance for its workers. One form of health insurance provided by the company to its employees is through a healthcare contract, made between the company and the hospital generally referred to as the capitation contract. However, until now there has been no legislation regulating the capitation contract so that the question arises about the validity, characteristics, and implementation of the capitation contract itself. This article aims to examine the characteristics, the validity, and the implementation of capitation contract in Indonesia. Specifically, this type of capitation contract has not been regulated in Indonesian legislation. The parties to the capitation contract are hospitals as providers of healthcare services and companies as recipients of healthcare services. Payments in capitation contracts are fixed and made regularly provided by the recipients of health care services. Capitation contracts are included in contracts that are beneficial to the third parties. Implementation of captation contract in Indonesia refers to the prevailing laws and regulations in Indonesia and should not be contradictory to the regulations such as Social Security of Labor, Health Law and Hospital Law.]]>
<![CDATA[PEMBUKTIAN PENGANJUR DALAM TINDAK PIDANA PEMBUNUHAN ANAK ]]>
<![CDATA[Irene Ulfa]]>
<![CDATA[ Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v1i2.8833
<![CDATA[The doctrine of inclusion as a basis for expanding the crime can be criminalized by a person who is involved in the realization of a crime. Participation is regulated in Article 55, Article 56 of the Criminal Code and Article 57 of the Criminal Code which means that there are two or more persons who commit a crime. The inclusion of (deelneming) in positive law is that there are two or more persons who commit a crime or in the words of two or more persons participating in a criminal act may be mentioned that a person participates in relation to another person (provided for in Article 55 and 56 of the Criminal Code). In Article 55 paragraph 1 to 2 of the Criminal Code, the Concept of the Occupation can be categorized as those who give or promise something by misusing power or dignity, by violence, threat or misdirection, or by providing opportunities, means or information, deliberately encouraging others to do deeds. The participation of advocates on the crime of child killing can be subject to accountability that has been regulated as Article 343 of the Criminal Code. Article 55 and Article 56 of the Criminal Code there are four forms of participation: a). order to do; b). participate; c). advocates / moves others to do; d). help do or help to do.]]>
<![CDATA[POLITIK HUKUM PENGENDALIAN TENAGA KERJA ASING YANG BEKERJA DI INDONESIA ]]>
<![CDATA[Anis Tiana Pottag]]>
<![CDATA[ Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v1i2.8827
<![CDATA[The inception of the regulation No. 6 year concerning immigration 2011 and No. 13 year 2003 and regarding the employment has had a huge impact in the political direction of the law controlling foreign workers who works in Indonesia. The controlling system of foreign workers who work in Indonesia aims to protect the rights of Indonesian citizens from losing their jobs because of the high number of foreign workers who come to work in Indonesia. As the implementation of an Article 27 paragraph 2 of the national constitution in 1945 specifies where every citizen of Indonesia has the right to work and a decent subsistence for humanity. As the state which constituted by the law, Indonesia has a responsibility to protect the rights of its citizens in accordance with Article number 28, paragraph 4 where the protection, promotion, enforcement and fulfillment of human rights is the responsibility of the state, especially in this case is the responsibility of the government. The utilization of foreign labor in Indonesia should be limited in number and areas that can be occupied by the foreign labor. The Labor law and regulation limit the positions that can be occupied by the foreign labor. The positions which are prohibited (closed list) should be considered by the employer before filing the utilization of foreign labor. Apart from having to comply with the provisions regarding the positions, the employer should also pay attention to the standards of an applicable competency.]]>
<![CDATA[TRANSFER OF UNDERTAKINGS PROTECTION OF EMPLOYMENT (TUPE) DALAM PERJANJIAN OUTSOURCING ]]>
<![CDATA[Muhammad Johar Fathoni]]>
<![CDATA[ Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v1i2.8834
<![CDATA[Transfer of Undertaking Protection of Employment Based on Constitutional Court Decision Number 27/PUU-IX/2011, there are two models that must be fulfilled in outsourcing agreement, that is First, by requiring for agreement between worker and company conducting work outsourcing does not take the form of a certain time labor agreement (PKWT), but is in the form of an indefinite time agreement (PKWTT). The consequences of termination of contract for the Employment Service Provider who laid off his employees for the law, the employer shall be entitled to grant the right to his employees in accordance with the Manpower Act, Kepmenaker No. Kep. 150/Men/2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification. Then the government also stipulates the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia no. Kep. 76/Men/2001 on Amendment to several articles of Minister of Manpower Decree no. Kep. 150 / Men / 2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification at the Company.]]>
<![CDATA[EKSISTENSI PAJAK DAERAH SEBAGAI WUJUD PELAKSANAAN OTONOMI DAERAH DALAM KERANGKA GOOD FINANCIAL GOVERNANCE ]]>
<![CDATA[Galih Arya Prathama]]>
<![CDATA[ Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v1i2.8828
<![CDATA[The increase of regional capacity in managing the needs of Regional Development accompanied by the Delegation of Authority from Central Government to Regional Government, has implications in increasing the need for Development Funds, while the Regions can’t continue to rely on the fulfillment of these needs to the Central Government. In response to this, in implementing Autonomy, the Regions are given additional Authority of Financial Management. Such authority, creates demands for the Regions to be creative and focused in achieving the Government Goals that have been established.,As an effort to execute duties and functions of Regional Government in the form of Regional Financial Management, then a region must be able to recognize the potential and explore all the resources it has. Local Government is expected to dig deeper related to the potential derived from its own financial resources, especially in order to meet the needs of government financing and development in the region, one of them through Local Own Revenue as one of the main sources of Regional Financial Reception. Independence of Local Own Revenue for a Regional Government, giving positive support to the ability of the region in meeting the needs to build the region. Thus, the greater source of income derived from the potential owned by a region, the more freely the area can accommodate the needs of community without the interest of Central Government which is not in accordance with the needs of people in the region.]]>
<![CDATA[PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG ]]>
<![CDATA[Rendy Ardy Septia Yuristara]]>
<![CDATA[ Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v1i2.8835
<![CDATA[Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.]]>
<![CDATA[PAJAK PENGHASILAN TERHADAP TENAGA KERJA ASING SEBAGAI SUBYEK HUKUM PAJAK ]]>
<![CDATA[Hendy Ramadhan]]>
<![CDATA[ Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v1i2.8830
<![CDATA[Foreign workers who work in Indonesia, have rights and obligations that are governed by the laws and regulations applicable in Indonesia, including rules relating to taxation. The foreign workers residing in Indonesia may be subject to tax laws in Indonesia. For the implementatio of legal order in the field of taxation, there is a need to apply the law of income tax on foreign workers who work in Indonesia. This paper discusses the legal basis for the imposition of foreign workers income tax in Indonesia as well as the form of liability for violations of income tax regulation on foreign workers in Indonesia. Based on this paper, foreign worker is one of the subject of income tax in Indonesia and can be subject to domestic tax or foreign tax subject depending on how long they have worked in Indonesia. Whereas in the event of any fraud related to the income tax on foreign worker, in the case the tax deduction is done by the company where the foreign worker is working, then the sanction given to the party who withholds the income tax.]]>
<![CDATA[PEMBANTUAN DAN PENYERTAAN (DEELMENING) DALAM KASUS PERKOSAAN ANAK ]]>
<![CDATA[Ike Indra Agus Setyowati]]>
<![CDATA[ Media Iuris Vol. 1 No. 2 (2018): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v1i2.8831
<![CDATA[Rape is a sexual crime. Rape of children will destroy the future of children as the next generation. Nowadays the rape of children, as well as rape committed by children are getting increased. One of the contributing factors is due to the freedom of the child in accessing any information that can not be monitored continuously by parents. It encourages the children to commit acts that are not in accordance with their age and can not hold their lust. If the action is committed by an individual, it would be easy to identify the perpetrator. The problem occurs when it is committed by group. The case is included in the assistance and involvement in its responsibility. This paper discusses the implementation of the concept of assistance and involvement in cases of child rape that the perpetrator more than one person. In addition, it will analyzes Judge’s consideration in the case of child rape on Court Decision Number 24 / Pid.Sus / A / 2012 / PN.Pso and Decision Case No 142/ Pid.Sus/2012/PN.Spg. ]]>
