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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 5 Documents
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Search results for , issue "Vol 17, No 2 (2010)" : 5 Documents clear
PENEGAKAN HUKUM PIDANA ISLAM (JINAYAH) DI PROVINSI NANGGROE ACEH DARUSSALAM Surbakti, Natangsa
Jurnal Media Hukum Vol 17, No 2 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The research aims at examining the characteristics of Islamic criminal law enforcement, co-existence of Islamic justice system (sharia law) and criminal justice system, and the factors inhibiting law enforcement in the Nanggroe Aceh Darussalam (NAD) province. The method employed in this research is normative empirical using qualitative data analysis technique. The result of the research shows that certain types of crime that become the competence of the Islamic judicial is based on provincial regulations called Qanun; therefore, the criminalization that occurs do not reduce the jurisdiction of civil court. Moreover, the result of the research also shows that the various factors which theoretically are known as factors supporting law enforcement are not working properly.Key words: law enforcement, Islamic criminal law, Qanun, Islamic justice system
PENETAPAN PERWALIAN BAGI ANAK KORBAN TSUNAMI OLEH MAHKAMAH SYAR’IAH KOTA BANDA ACEH Idami, Zahratul
Jurnal Media Hukum Vol 17, No 2 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Banda Aceh City is in the special condition caused by the tsunami in which some children do not only lose their parents but also siblings, become victims, lose their residence because they were also destroyed by the tsunami, so that they have to live in refugee camps. For these children, guardians are needed to take care of and be responsible for the continuity of the children’s lives in fulfilling their needs. Based on that situation, the problems which arise are, then: How does the implementation of the Custody Establishment for children victims of tsunami by the Sharia Court of Banda Aceh City? What are the obstacles faced in implementing the custody establishment referred to and what are the legal consequences? And what are the efforts made to overcome these obstacles? The data collection in this research is obtained through literature study and field research. The data obtained are analyzed using a qualitative approach and descriptive analysis method. The Custody Establishment is doen through Sharia Court decision based on the petitions which meet the specified requirements. In the implementation of post-tsunami custody establishment, the establishment was decided by a single judge because of the circumstances at the time, but after the situation is better, the judge is, then, the panel of judges. The legal consequences of the establishment are the responsibilities of the guardians to the children and the properties of the children under their custody. The efforts made are settling the custody petition that the court has got using existing facilities, and holding seminars or dialogues that discuss the need for rules regarding the supervision of children and the properties of the children who are under custody.Key words: Sharia Court of Banda Aceh, Victims of Tsunami, Custody Establishment
PENEGAKAN HUKUM PIDANA ISLAM (JINAYAH) DI PROVINSI NANGGROE ACEH DARUSSALAM Surbakti, Natangsa
Jurnal Media Hukum Vol 17, No 2 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i2.377

Abstract

The research aims at examining the characteristics of Islamic criminal law enforcement, co-existence of Islamic justice system (sharia law) and criminal justice system, and the factors inhibiting law enforcement in the Nanggroe Aceh Darussalam (NAD) province. The method employed in this research is normative empirical using qualitative data analysis technique. The result of the research shows that certain types of crime that become the competence of the Islamic judicial is based on provincial regulations called Qanun; therefore, the criminalization that occurs do not reduce the jurisdiction of civil court. Moreover, the result of the research also shows that the various factors which theoretically are known as factors supporting law enforcement are not working properly.Key words: law enforcement, Islamic criminal law, Qanun, Islamic justice system
PENETAPAN PERWALIAN BAGI ANAK KORBAN TSUNAMI OLEH MAHKAMAH SYAR’IAH KOTA BANDA ACEH Idami, Zahratul
Jurnal Media Hukum Vol 17, No 2 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i2.378

Abstract

Banda Aceh City is in the special condition caused by the tsunami in which some children do not only lose their parents but also siblings, become victims, lose their residence because they were also destroyed by the tsunami, so that they have to live in refugee camps. For these children, guardians are needed to take care of and be responsible for the continuity of the children’s lives in fulfilling their needs. Based on that situation, the problems which arise are, then: How does the implementation of the Custody Establishment for children victims of tsunami by the Sharia Court of Banda Aceh City? What are the obstacles faced in implementing the custody establishment referred to and what are the legal consequences? And what are the efforts made to overcome these obstacles? The data collection in this research is obtained through literature study and field research. The data obtained are analyzed using a qualitative approach and descriptive analysis method. The Custody Establishment is doen through Sharia Court decision based on the petitions which meet the specified requirements. In the implementation of post-tsunami custody establishment, the establishment was decided by a single judge because of the circumstances at the time, but after the situation is better, the judge is, then, the panel of judges. The legal consequences of the establishment are the responsibilities of the guardians to the children and the properties of the children under their custody. The efforts made are settling the custody petition that the court has got using existing facilities, and holding seminars or dialogues that discuss the need for rules regarding the supervision of children and the properties of the children who are under custody.Key words: Sharia Court of Banda Aceh, Victims of Tsunami, Custody Establishment
PENYIMPANGAN ASAS NON-RETROAKTIF DALAM PENGADILAN HAM AD HOC DARI PERSPEKTIF HAM SHINTA AGUSTINA; SISKA ELVANDARI; LUCKY RASPATY
Jurnal Media Hukum Vol 17, No 2 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i2.15483

Abstract

Ad Hoc Human Rights Court is regulated in Article 43 paragraph (1) Human Rights Court Law, which is established with the aim of providing justice for victims of gross human rights violations that has occurred before the Law was enacted. However, the provision is deemed to be violating human rights itself since it is against the Article 281, which regulates the right not to be prosecuted based on retroactive laws. Besides, it is also contrast to the principle of non retroactive, as one of basic principles in criminal law. The practices of human rights enforcement in Indonesia and the international world accept that violation on the basis of justice and the Human Rights instruments which provide the possibility of a deviation of the Human Rights implementation. The deviation is also justified only for the most serious crimes which become the concern of the international world, that is gross Human Rights violations in the form of genocide and crimes against humanity.

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