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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 24 Documents
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Search results for , issue "Vol 19, No 1 (2012)" : 24 Documents clear
PENCEGAHAN TERSANGKA KE LUAR NEGERI OLEH KPK DALAM SISTEM PERADILAN PIDANA INDONESIA Nur, Muhammad
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

One of means to eradicate corruption is preventing corruptors to go abroad. Prevention is basically an instrumentof limiting of indivudual rights and therefore it is considered againts human rights. However, prevention conduetedby the corruption Eradication Commision on the corruptors is not considered as againts human rights since it ispart of restriction on human rights in the light of law enforcement. It does not also violate the presumption ofinnocence as part of criminal procedure. the authority of the Corruption Eradiction Commission is legitimateand in accordance with legal principle that state may have right to restrain the rights of citizens for the sake ofstate interests and society.
RE-EVALUASI SISTEM PENUNTUTAN DALAM KUHAP Effendi, Tolib
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Presecution system is one of the criminal justice system’s elements. In Indonesia, the presecution system does not clearly state whether it follows legality principle or opportunity principle. A strict regulation regarding to the presecution system influences the criminal justice system. Re-evaluation of the presecution system through the opportunity principle as stated in the Draft of Criminal Code Procedure of 2008 does not only bring impacts towards the Indonesian criminal justice system but also balance the victims position which has got less attention during these years.
PENGAWASAN DAN PEMBINAAN MAHKAMAH AGUNG TERHADAP PENGADILAN DI BAWAHNYA Fadlil Sumadi, Ahmad
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The independence and impartiality of the judicial authority, in the history of its incorporation into norms, had undergone some improvements and impediments along with the changes in the 1945 Constitution of the Republic of Indonesia, which was subsequently followed by amandment in the judicial power. In general, the changes were intended as an effort to reinforce the implementation of the judicial power. The research aimed at studying the design of the regulation concerning the supervision and guidance by the Supreme Court to the lower courts from the perspective of the principles of democracy. The supervision and guidance in the respect were limited to those within the functions and organization of human resource management. The study is a normative legal one using doctrinal method to analyze the laws constructed by the legislative power and thus is apart from the constitutional and political choices at that time. The research had found several designs of laws in the court supervision and guidance. Constitutionally, it had been determined that the Supreme Court should perform the internal supervision while the Judicial Commision, perform the external one. In addition, the law had determined that the supervision should not reduce the independence and impartiality of the judge. Together, the Supreme Court and the Judicial Commision composed the Code of Ethics and Code of Conduct as tools of measurement.
PEMBERANTASAN KORUPSI DALAM PENGADAAN BARANG DAN JASA MELALUI INSTRUMEN HUKUM PIDANA DAN ADMINISTRASI Amiruddin, Amiruddin
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Corruption in the procurement of goods and services cannot be eradicated only by a single criminal law instrument. The punishment theory, which aims at making the corruptors or people who want to do corruption scared and prevent the from corruption, is not effective enough to eradicate corruption, since the corruptors are mostly officers and the modus operandi (method of operation) is very dynamic. Therefore, corruptions are difficult to be detected. Thus besides employing criminal law as an instrument to eradicate corruption in the procurement of goods and services, administrative law instrument, which focuses on the control and administrative sanction, is also needed. Officers who are proven doing violation can be punished with the dismissal sanction, while the dishonest providers of goods and services can be punished by putting them in a black list or terminating their business permits. In conlusion, by combining use of criminal law and administrative law, the eradication of corruption in the procurement of goods and services becomes more effective.
PENERAPAN UNSUR-UNSUR PERBUATAN MELAWAN HUKUM TERHADAP KREDITUR YANG TIDAK MENDAFTARKAN JAMINAN FIDUCIA Yuniarlin, Prihati
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Fiduciary transfer of ownership is done through constitutum possessorium which means that the transfer is followed by an object control. The object of fiduciary assurance consists of chattels or moving objects and immovable objects which cannot be loaded with mortages, the transfer of chattels with real submission. As an effort to give a legal policy to the fiduciary assignor (creditor) and to fulfill the publicity principles, Government through the UUJF requires the creditor to register the fiduciary assurance in the Fiduciary Registration Office. That regulation is stated in the article 11 of UUJF. This study is a normative legal research with the research question as follow, “Can the elements of torts be implemented to the creditor or fiduciary assignee so that the creditoris considered doing the unlawful act?” The primary data are used in the study. The analysis results show that the elements of tort cannot be implemented to the creditor who does not register the fiduciary assurance in the Fiduciary Registration Office. Therefore, he is not considered doing the unlawful act.
PENEGAKAN HUKUM TERHADAP PEMBAJAKAN DI LAUT MELALUI YURISDIKSI MAHKAMAH PIDANA INTERNASIONAL Gunawan, Yordan
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The international community, nowadays is facing the most serious problem of the piracy in the sea on a large scale than ever before. Todays piracy is destroying and disturbing the shipping industry worldwide with the modern way. The problem of piracy becomes increase day by day rather than to decrease. It is universally called as hostis humani generis. The piracy today is directed against victims from around the world, creates harms that are felt by the international community, and involves many of the same violation, as like as a murder and hostage-taking, that are used to commit the crimes within the jurisdiction of International Criminal Court (ICC). The main purpose of this paper is to describe the piracy in details which could be seen in some international laws concerning this problem as for UNCLOS 1982 and SUA Convention 1988. This paper also will elaborate how piracy could be called as a crime under international law, as well as the jurisdiction of the ICC. This permanent international judicial body is empowered to prosecute crimes of concern to the international community as a whole, in accordance with the Rome Statute 1998 and ICC is expected to fullfil the impunity as the biggest obstacle for countries to bring the pirates into the justice.
REKONSTRUKSI KEDUDUKAN DPD DAN DPR MENUJU BIKAMERAL YANG SETARA Sulardi, Sulardi
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

As a state institution that was born from the amendment of the Constitution 1945, Regional Representative Council (hereafter: Council) has authority and supervision functions of such legislation in general. There are two important issues related to the council. First, the Council has the authority and supervision functions which are stated in constitution. Second, the Council has an equal position with the Parliament. By looking at the role of the Council and the Parliament stated in constitution, it can be seen that the Council is merely a complimentary institution. On the other hand, the institution which has the real legislation, supervision and budgeting functions is the Parliament. The provision contained in the constitution indicates inequality and imbalance between the Council and the Parliament, it does not mean that the Council has no role in the process of state. The Council should continue to run its legislation, supervision and budgeting functions optimally. Futhermore the Council should establish optimal relation with local communities. In this case, the Council is more flexible since its presence does not represent any political parties. Therefore the Council may have “public hearing” with various groups in society.
KEDUDUKAN MENTERI KEUANGAN DALAM KEPAILITAN PERUSAHAAN ASURANSI Imbawani Atmadjaja, Djoko; Anwar, Anwar
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The research is aimed at investigating the exclusive position of the Minister of Finance as an applicant in an insurance company’s bankruptcy. This given authority has brought up issues in relation to law particularly concerning principle obedience. Problems raised in this research are, first, has Article 2 (5) Act No. 37 Year 2004 fulfilled the justice principle especially in the context of the nation’s role? Second, the given authority is in accordance with the positions and functions of the finance minister as “the government”. The methodology used in this paper is normative research. The research findings are: first, the nation’s participation in organising and overseeing the insurance company’s activities is fair. However, the chosen mechanism has actually ignored the law principles that have been agreed upon. The second finding, the position and the authority of the Minister of Finance as bankruptcy applicant has violated the positions and functions of a minister as it is already arranged in the Act of the Minister of State.
MEMBANGUN INTEGRITAS PENEGAK HUKUM BAGI TERCIPTANYA PENEGAKAN HUKUM PIDANA YANG BERWIBAWA Ridwan, Ridwan
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The way a legal system works determines how well law enforcement will be. A legal system consists of structure, substance and culture, of each must work in a system. In order that a legal system works properly, the law enforcers must be able to increase their knowledge on law and divinity so that they are able to comprehend law more broadly. In other words, law is not taken merely as a text in a constitution. As a system, the most important aspect is the culture of the law because it functions as the driving force that leads people to abide the law. In addition, in order to establish the integrity of legal enforcers, the implementation of integrated judicial system is also needed. Therefore, the role of supreme court as the highest supervisor of judges is also necessary.
CONSTITUTIONAL COMPLAINT DAN CONSTITUTIONAL QUESTION DAN PERLINDUNGAN HAK-HAK KONSTITUSIONAL WARGA NEGARA Zoelva, Hamdan
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The 1945 Constitution gives limitative authority to the Constitutional Court only to review of laws against the constitution, adjudicate dispute over state institution whose authorities are mandate by constitution, adjudicate dispute on the result of general election, dissolution of political parties and obliged to decide upon DPR’s opinion in the case of the impeachment of the President. In practice, many of the constitutional issues can not be resolved by the Constitutional Court because it explicitly doesn’t include the authority of the Constitutional Court, for example, the adjudication of the constitutional complaint and the constitutional question. Both of these issues are not easily resolved by the Court outside of the Constitutional Court. The main issue to be analyzed in this paper is the possibility that the Constitutional Court may adjudicate constitutional complaint and constitutional question. By using the normative approach, comparative study of several other countries as well as theoretical studies on the functions of the Constitutional Court in constitutional democracies states, this paper analyzes the possibility of the Indonesian Constitutional Court may adjudicate constitutional complaint and the constitutional question.

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