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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.
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Articles 10 Documents
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Search results for , issue " Vol 21, No 2 (2014)" : 10 Documents clear
POLITIK HUKUM PENANGGULANGAN TINDAK PIDANA PERIKANAN Rifai, Eddy; Anwar, Khaidir
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The study examines the political response to the crime of fisheries law, where criminal offenses prevention fishery does not operate effectively so that the results can only be overcome small fishermen. The research method uses juridical normative and empirical research sites in Lampung Province. The results showed that the politics of law including the formulation of policy or legislation making, policy application and execution or implementation of the legislation and enforcement of criminal law. Legislation on fisheries contained in the Fisheries Act has adequate set of law enforcement against criminal acts fishery, but there are obstacles in the application and execution stages, such as barriers in terms of law enforcement, infrastructure and public awareness.
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.
OTONOMI KHUSUS DAERAH PERBATASAN, ALTERNATIF SOLUSI PENYELESAIAN MASALAH PERBATASAN DI INDONESIA Permatasari, Ane
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Border dispute of Indonesia is not a new thing. Since Indonesia got its sovereignty, border had been becoming an unsolved problem until now. A problem that frequently happens is bordered disputes with neighboring countries that have a direct border with Indonesia either land or water borders. In addition, the Indonesian government should pay more attention to problems related to the welfare of people who live in the border. Development and facilities such as education, health, transportation, information and so on should be adequate. The Indonesian government should pay more attention to the needs of people in border areas, therefore they are not segregated from the external world. In accordance with that perspective, this paper would like to identify how the special autonomy of border areas could become the alternative solution to settle disputes in border areas. Generally, poverty and backwardness of people in border areas are the lack of their social and economic accessibility. Border areas have an important function since the complexity of problem that being faced. Border areas should be treated as a front yard, not the back yard of Republic of Indonesia. The treatment for border areas should be differentiated in accordance with the situation and condition of those areas. Therefore, metric decentralization should become the mindset of policy-making related to the relationship between the center and the region, especially related to the border areas and that is not reactive because of the demand of the region. Special autonomy in border areas is an option solution which is worth to be considered, to solve the complex problems in the border areas.
TRANSBOUNDARY HAZE POLLUTION IN THE PERSPECTIVE OF INTERNATIONAL LAW OF STATE RESPONSIBILITY Gunawan, Yordan
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

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.
DAMPAK PEMILIHAN UMUM SERENTAK BAGI PEMBANGUNAN DEMOKRASI INDONESIA Prasetyoningsih, Nanik
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

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 Indonesia’s 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.
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.
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 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.
MODEL KERJASAMA ANTAR DAERAH DALAM PENYELESAIAN SENGKETA KEWENANGAN PADA DAERAH KABUPATEN/KOTA HASIL PEMEKARAN Fauzan, Muhammad; Pamuji, Kadar
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The title of this study is a model of inter-regional cooperation in the Settlement Authority In District / Municipal Expansion. This research is motivated many conflicts / disputes regarding both the authority on government affairs and other matters between the Regional Holding with areas of the division. Results of the study include, first, the policy of regional expansion in addition to having the advantage in matters relating to the acceleration and improvement of public services and also has brought the potential development that could affect the relationship between regional harmonization with the Regional Holding Redistricting results, primarily due to a conflict of authority on asset management area. Second, the model of inter-regional cooperation in resolving disputes between the authority of the regency / municipality division of the District Holding wear two (2) approach, which is a formal legal approach and local wisdom approach, namely by providing “touch” argument that “touch” people’s emotional, the use of the term “interests of the whole community and mutual respect” with no regard to administrative boundaries of the Regional District of Holding and Expansion Results. This means that the interests of the community should be encouraged regardless of whether the incoming administration in the District or Regional Expansion.
PEMBERDAYAAN HAK KONSUMEN ATAS INFORMASI OBAT Sari, Norma
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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This research aims to investigate and identify the empowerment of consumer rights on drug information. Research questions focused on how the role of the Food and Drug Supervisory Agency (BPOM) and pharmacists in the empowering consumers on drug information. Research indicates very important information for consumers in taking the medication. Basic settings need to be protected and fulfilled people the right to information is the Constitution of the Republic of Indonesia in 1945 under Article 28F, Articles 7 and 8 of Law No. 36 of 2009 on, and Article 4 of Law No. 8 of 1999 on Consumer Protection Act. Implementing rules and derivatives can be found in the Decree of the Minister of Health No. 1197 / Minister of Health / SK / X / 2004 on Standards of Pharmaceutical Services in Hospitals and Organizational Rules Number 004 / PP.IAI / 1418 / VII / 2014 about the Organization Regulations Concerning Guidelines for Discipline Pharmacist Indonesia Chapter IV. The right to information is also related to the basic rights of Human Rights.The conclusions showed that the agency’s role in empowering consumers POM top right drug information is by monitoring the promotion / advertising and labeling of drugs, Communication, Information, Education and Communication (IEC) and formed a Consumer Complaints Service Unit. While the pharmacist’s role on the self medication drug at the pharmacy and hospital pharmacists, by providing information, counseling, promotion and education.

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