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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 2 (2012)" : 24 Documents clear
PERMIT PROCEDURE OF ESTHABLISMENT AND SUPERVISION OF NURSING CLINIC IN BANTUL REGENCY Nasrullah, Nasrullah; Alfarisyi, Mishbahul Huda
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

As one of the health professions, nurse normally does no have independent authority to conduct medical practice. However, according to several regulations, nurse has a chance to establish and run his/her own nursing clinic. So far, there are six individual nursing clinics have been operated in Bantul Regency. By utilizing empirical research method with legislation approach, this research aims at finding out the importance and the permit procedure to establish nursing clinic as well as to know the supervision means used by the government upon the operated nursing clinic in Bantul Regency. This research proved that nursing clinics have given beneficial advantages on the society as whole. Meanwhile, to operate a nursing clinic a nurse has to be granted a Nursing Practice Permit Letter (Surat Izin Praktik Perawat/SIPP) from the government. Finally, the nursing clinic is supervised by the Health Bureau by means of supervision and control program.Keywords: nursing practice, nursing clinic, Nursing Practice Permit Letter, supervision and control program
BANGUN HUKUM AGRARIA NASIONAL BERBASIS NILAI-NILAI PANCASILA DI ERA GLOBALISASI Sumarja, FX
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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The study aims at knowing the implementation of Pancasila values in national agrarian law, national agrarian law from political perspective and the construction of national agrarian law in the globalization era. The result of study shows that Pancasila has rooted deeply in Agrarian Law Number 5 Year 1960. Accordingly it can be potential tools to explain, anticipate and provide solution for any legal problems in agrarian law issues in Indonesia. The Agrarian Law Number 5 Year 1960 as responsive political product of law is able to fulfill demand of justice of the society in Indonesia. Facing the globalization era, the agrarian law has to put Pancasila as the foundation which guides the law.Key words: Pancasila, Agraria Law, Building of Law
PENYELESAIAN ALIRAN SESAT DI INDONESIA DARI PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Ichsan, Muchammad; Prasetyoningsih, Nanik
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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This research aims at examining the problem solving of Aliran Sesat (deviated religious affiliations) from the Islamic and Indonesian positive law perspectives. The descriptive-analytical approach is used to reach the goal of this study. This study finds that the emergence of Aliran Sesat in Indonesia creates many serious problems. To stop these deviations and to prevent the society from their negative impacts, Majelis Ulama Indonesia (the Indonesian Islamic Scholars Council) has delivered fatwa (an answer of the religious question) and determined that these religious affiliations are misled and their followers should return back to the true Islamic teachings. However, they neglected this fatwa and disobeyed it and still continue their activities. They claimed that it is their right to do and spread what they believed and that the freedom of belief is protected by the Indonesian positive law. This makes the society angry and doing anarchist actions against them. It is because according to the majority, Aliran Sesat is a distortion and an attack to the Islamic religion, and not a human right neither protected by the law. The government, therefore, have to enforce the Criminal Code Article 156 (a) against them.Keywords: Aliran Sesat, Islamic Law, Indonesian Positive Law.
WEWENANG KELEMBAGAAN PENGELOLAAN LINGKUNGAN HIDUP DI ERA OTONOMI DAERAH Akib, Muhammad
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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The aims of this study are to assess the regulation regarding institutional authority of local environmental management agencies and discover the strong regulation model and reflect the principles of local autonomy and ecological sustainability. The research used doctrinal legal research method by using primary legal materials and secondary legal materials and analyzed in a prescriptive-analysis. The research discover that the regulations regarding local environment management agencies are weak, due to uncertainty and lack of local authority, different nomenclature, and the absence of clear regulation on inter-institutional relations procedure. The future regulation model, the local environmental management agencies should have a broad authority, covering planning, implementation, monitoring and enforcement aspects. Duties and functions must integrate coordination and operational functions, and there is a clear relationship system encompassing both inter-institutional and inter-regional center.Key word: authority, institutional, local autonomy
FAKTOR HUKUM DAN NON HUKUM DALAM PUTUSAN TINDAK PIDANA KORUPSI DI INDONESIA Ginting, Jamin
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The role of a judge is very important in deciding corruption cases in Indonesia, if a judge is affected by external which will make him/her unobjective in deciding a corruption case, thus his/her independency is judged. According to the research results, there is difference between cases which occurred in Java Island and Sumatera Island, where there is more corruption cases in Java compared to Sumatera and the punishment is more severe than in Sumatera, apart from that there are a lot of corruption done by company leaders with the average age of 46-54 years old. This shows that a leader of the mentioned range of age tends to misuse their position and opportunities while on the other hand, judges seldom give maximum punishment to corruptorKey words: Corruption, Judged, Independency, Legal Factor, Non Legal Factor.
KONSEP PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN TRADISIONAL MASYARAKAT ASLI TENTANG OBAT DI INDONESIA DAULAY, ZAINUL
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The Protection of Traditional Knowledge, especially protection traditional medicine, have been an academic debate in international forum. Research is aimed to find out: firstly, living norms protecting traditional konowledge of medicine in indigenous communities; secondly, comparing practices of developing countries in regulating Traditional Knowledge; and thirdly, identifying the current applicable concept in protection Traditional knowledge. The finding of the research comprises, firstly, as a valid owner of traditional knowledge, indigenous peoples have  reseonable rights to determine legal protection based on their perpectives.  Secondly, practices of medicinal knowledge arrangement in developing countries are variable and; thirdly defensive protection concept and positive protection involves intellectual property regime (patent, trademark and geographical indication) and legal regime sui generis to be applied in traditional knowledge, especially medicinal knowledge.Key Words: Traditional Knowledge; Indigenous Peoples; Ownership; Intellectual Property, Legal Protection.
PENYELESAIAN TANAH KORBAN TSUNAMI YANG TIDAK ADA DAN/ATAU TIDAK DIKETAHUI AHLI WARISNYA Taqwaddin, Taqwaddin; Tripa, Sulaiman; Ansari, Insa; Mansur, Teuku Muttaqin
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Post-tsunami disaster in Aceh, legal issues on land are regulated by the Government Regulation in Lieu of Law Number 2 of 2007, which regulates among others on land that does not exist and/or unknown its owners and their heirs. The land is being taken care as  a religious treasure by Baitul Mal  with an order the Syariyah Court. This study applies juridical normative and sociological normative methods. From the field research it was found that the Government did not have data of lands with unknown owners and their heirs. It was known from decision of the Syariyah Court  of Banda Aceh which revealed that the fact was originated from the construction of the drainage where the land procurement committee did not know where to hand over the land acquisition fund.Key words: tsunami, land, Aceh
PENEGAKAN HUKUM PENANGANAN GELANDANGAN DAN PENGEMIS MENURUT UNDANG-UNDANG DASAR 1945 DAN HUKUM PIDANA Yusrizal, Yusrizal
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The criminal law enforcement in handling the vagabonds and the beggars should be in harmony with the higher regulations and with the values of the living law. Moreover, the implementation of article 34 of the 1945 Constitution and the policy if the legal provisions in the law abiding in the society, such as the law of the national social security system and the law of people’s prosperity which can contribute to the abolishment of poverty. The result of the research showed that the functionalization of the criminal law (law enforcement) against the vagabonds and the beggars was not maximal enough because the process of putting the criminal law in to operation was directed to punishment and not to development. Hierarchically, article 504 and article 505 KUHP are not restricted and efficient use of its implementations because they are not contrary with the high regulation. In principle, the vagabonds and the beggars do not violate the law; it can be said that and action cannot be categorized as illegal if there is no illegal intention so that it is true when the action is de-discrimination because no one complains because of their action.Key words: Law Enforcement, Vagabonds, Beggars, 1945 Constitution, Criminal Code
OPTIMALISASI PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA Rodliyah, Rodliyah
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Domestic Violence Crimes (Domestic Violence) is a social phenomenon that often occurs in the community and the victims are mostly women. It is not only a national problem but an international problem, so set some instruments of international law and national legal instruments are adequate, which should be legal protection for women victims of domestic violence in the legal process can be catered for. In real terms the legal protection of women victims of domestic violence is still very weak, with an indication of the number of reports that were not followed up to the stage of the investigation, due to various constraints both in the community and from law enforcement officials. Optimization measures are needed legal protection for women victims of domestic violence, such as the high commitment or spirit of the law enforcement agencies to tackle domestic violence, meets all the rights of victims, providing legal aid to victims of the maximum judicial process, increase public awareness that domestic violence is a crime , not just a personal issue that no intervention, the offender must be processed to provide a sense of security to the victim and her family.Key words: Protection, Women, Violence
KONSEP SUSTAINABLE DEVELOPMENT SEBAGAI BENTUK PERLINDUNGAN TERHADAP KORBAN TINDAK PIDANA LINGKUNGAN HIDUP Widowaty, Yeni
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The application of the principles of sustainable development in all sectors and activities become the main requirements to be internalized into policies and regulations in order that future generations will not inherit damaged and polluted environment. This research aims to identify, examine, and analyze the importance of legal protection and construct the ideal legal protection for the victims of environmental crime which have a sustainable development quality in the future.  This is a normative legal research which uses legislation law, case law, comparative, and conceptual as the approaches. The result of the research shows that philosophically, environmental crime victims should be protected because according to the theory of the law of the welfare state that the country is responsible for citizen’s welfare. Moreover, the preamble of the Indonesia 1945 Constitution 1945 (UUD 1945) also stated that the duty of the country is to protect the whole nation and give a general welfare. In the future, the ideal of environmental laws is to construct a sanction in the form of compensation for the victim and take on the environmental restoration by applying the principle of strict liability.Key words: Sustainable Development, Victims, Environmental Crime

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