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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 21 Documents
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Search results for , issue "Vol 23, No 1 (2016): June" : 21 Documents clear
Constitutional Complaint Dalam Rangka Penegakan Hak Asasi Manusia di Republik Indonesia Bertho Plaituka, Solidaman
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0072.110-120

Abstract

The Constitutional Court exists to oversee the RI State Constitution contained therein and the protection of human rights enforcement. Protection of constitutional rights of citizens by the Court comes through constitutional review authority. But in the mechanism, the Court protect the constitutional rights of citizens to the extent of constitutional rights are violated by the provisions of the law, so the law will be declared contrary to the constitution. In fact, the possibility of violations of citizens’ constitutional rights not only through the normative provisions of a law. There are many way and possible that violation of the constitutional rights of citizens, either by the authorities or by the actions of other parties. In this condition we know that constitutional complaint very urgent in Constitutional Court in Indonesia.
Peluang Titik Berat Otonomi Pada Daerah Provinsi dalam Sistem Ketatanegaraan Republik Indonesia Fauzan, Muhammad
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0064.1-19

Abstract

This research entitled: Study Focus of Provincial Autonomy In the constitutional system of the Republic of Indonesia. The result of the research can be concluded that the First, the 1945 Constitution does not give a clear regulation about the options in the unit of local authority where the policy emphasis autonomy placed. The Second, in the history of the accomplishment regional administration, the policy emphasis on the autonomy at the regional Level II/regency/City normatively used to be implemented at the time of the validity of Law Number. 5 of 1974 and Law Number. 22 of 2004. The third, in the normative perspective chances of emphasis on provincial autonomy in the future is very open, it is because at the Article 18 of the 1945 amendments to the results of an open policy (open legal policy) about regional autonomy and regional autonomy center of gravity. In these provisions, do not regulate in which the emphasis regional autonomy placed. Thus the focus wisdom of regional autonomy is highly dependent on the political will of the legislators with regard to the situation of country, such as politics, security, economy and society when the law was made and the policy of the center gravity of regional autonomy in the Provincial or the Regency/City is not contradictory with the Constitution of Republic of Indonesia Year 1945.
Membangun Budaya Hak-Hak Asasi Manusia Sardi, Martino
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0073.121-127

Abstract

The violations of Human Rights remain spread in all over the world until now. There are violations of Human Rights in all the countries in this universe. It is not possible to find a country, which free from this violation. It is very terrible, such as the professional killing and systematic murder. It will cause to grow the culture of dead. This culture does not respect on the human life. The professional killing and systematic murder are real social fact, which are not distinct and justly resolved. This criminal actions will grow more terrible, if the official organs of the government provoke and take apart in this matter, do not want to obstacle and stop them, although they are capable to do it. The culture of Human Rights can be built, if the culture of life has been respected, the people, especially the organ of the government takes care and respect to Human Rights and promote them as well as possible. So the human life will grows to the directions of the welfare for the people and more civilized. If the people develop the culture of Human Rights, the human civilizations will grow for respect them. We have task to develop the culture of Human Rights.
Rekonstruksi Lembaga Penyelesaian Sengketa Akad Pembiayaan Dengan Jaminan Hak Tanggungan Pasca Putusan Mahkamah Konstitusi Nomor 93/PUU-X/2012 Nurul Musjtari, Dewi
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The purpose of this research is to know the reconstruction of dispute resolution institutions of financing agreement with mortgage guarantee interest in Islamic banking practices following the Ruling of the Constitutional Court Number 93 / PUU X / 2012. In addition to this, the importance of this research is to the development of Islamic banking institutions in Indonesia and economic law, particularly the law of Islamic economics. For researchers, the importance of this study is to realize the competence of researchers in developing science insightful of sharia law, especially law of syariah economic.The method in this research, using qualitative tradition, its operation carried out in accordance kostruktivisme paradigm. The relative position (stand point) the authors of the problem in this study at the level epiteme not as a participant but instead as an observer. Strategy Research carried out by the two strategies is the research library (Library Research). This study uses socio-legal rules governing studie.Technic data collection to secondary data obtained through library research and a legal document. The primary legal materials, consisting of Article 55 of Law No. 21/2008 and explanation, Article 39 of Law No. 30 /1999, Law No. 4/1996, Law No. 50/2009 Constitutional Court Decision No. 93/ PUU-X / 2012. Secondary law, consists of book-nail on the agreement (contract), Islamic banking, political law, legal theory, legal research methodology, journals. The primary data obtained as supporting data through research in the field (Field Research) with observations interviews which includes: 1) Law sanction institution: Judges Religion, Arbiter in Basyarnas, Staff Bagia Legal in Islamic Bank, Mediator in Bank Indonesia, Notary; 2) Role Occupant: Management Islamic Bank, Islamic Bank Customers, which is done by hermeneutics, sociology of law and phenomenology. Analisys data using qualitative descriptive analysis that describes the development of dispute resolution institutions guarantee security interest in Islamic banking practices after the Constitutional Court Decision 93/ PUU-X/2012. The Results from this study is the reconstruction of dispute resolution institutions of financing agreement with hak tanggungan guarantee interest in Islamic banking practices following the Ruling of the Constitutional Court Number 93/ PUU X / 2012 is resolving disputes financing agreement with mortgage guarantee through Parate Executie more effectively and efficiently in other words more beneficial for of the parties when compared to the settlement of disputes trough the assurance executorial title. However, for the preventive protection during the pre-contractual agreement prepared sharia Islamic banks needfully the deed of acknowledgement of financing manufacture (APP) agreed debtor. The parties are no longer glued to that in resolving disputes and guarantee rights dependents through judicial institutions and non litigation in the narrow sense, namely non litigation on consultation, banking mediation, arbitration through the National Sharia Board of Arbitration or other arbitration institution, but can also cover non-litigation processes such as consultation, negotiation (negotiation), conciliation, non judge mediation, expert opinion or assessment.
Kebijakan Formulasi Pengaturan “Illicit Enrichment” Sebagai Upaya Pemberantasan Tindak Pidana Korupsi Istiqomah, Milda
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0069.76-86

Abstract

In its progress, the criminal sanctions given to the convicted offenders of corruption are not effective. Therefore, in order to prevent corruption, the strategy needs a certain mechanism to criminalize the alleged offenders of corruption. The proper strategy is to provide a deterrent effect aims to impoverish corruptor. This study attempts to examine the regulations of corruption and offers alternative setting formulations of illicit enrichment as an effort to prevent the corruption. This research applies normative judicial method with statute approach and comparative approach. This study concludes that Indonesia doesn’t have regulations related to illicit enrichment; therefore the author offers an alternative on regulation of illicit enrichment as effort to eradicate corruption in Indonesia.
KEDUDUKAN BPN RI DALAM MENGHADAPI PROBLEMATIK PUTUSAN NON-EXECUTABLE PENGADILAN TATA USAHA NEGARA TENTANG PEMBATALAN SERTIPIKAT HAK ATAS TANAH (ANOTASI PUTUSAN MAHKAMAH AGUNG RI NO. 158/PK/TUN/2011 TENTANG PEMBATALAN SERTIPIKAT HAK GUNA BANGUNAN NO. 132 Arvita, Rani
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0065.20-36

Abstract

The existence of a lawsuit in court against the certificate is not a new thing anymore , given stelsel adopted in the system of land registration in Indonesia is negative stelsel positive tendency . If on the certificate that was sued earlier , based on court decisions that have permanent legal force ( inkracht van gewisjde ) should be revoked and canceled by the National Land Agency, but de facto the decision can not be implemented by the National Land Agency with some particular reason , then this is where the role of National Pertanahann Agency to be able to realize the judgment which can not be implemented as Non - Executable decision. In this study will answer perrmasalahan , namely : Why is the National Land Agency wants the Indonesian Supreme Court Decision 158 / PK / TUN / 2011 on Cancellation of Certificate Broking No. 132 on behalf of PT . TOP As the verdict of Non - Executable ?, How the National Land Agency Role In Delivering the Indonesian Supreme Court Decision 158 / PK / TUN / 2011 As a verdict of Non - Executable ? How Legal Certainty The winner of the Indonesian Supreme Court Decision 158 / PK / TUN / 2011 and the Justice and Legal Protection against the owner of Certificate Broking No. 132 Certificate of derivatives and their owners ? To address this problem used approach Legislation , Case Approach , Conceptual Approach , Approach Sociology of Law and Political Law. Based on the survey results revealed that : First , there are two main reasons why the National Land Agency wants the Supreme Court Decision No. 158 / PK / TUN / 2011 as Non - Executable ruling that reasons are normative juridical considerations and Juridical Technical . Pertimbangann normative juridical reason is that the decision of cancellation of the Certificate Broking No. 132 on behalf of PT . TOP is overdue / expired / verjaring , Ultra Petita and filed by the plaintiffs who do not have other interests and there is a decision in the administrative court ruling that the criminal verdict. While consideration juridical reason partly because the decision concerning civil rights and legal justice for the hundreds of people or communities certificate owner derivative or fragment of a Certificate of Right to Building No. 132 certificate as a parent, but it also relates to issues of Local Government Assets and Money State. Second, the role of the National Land Agency in realizing the Supreme Court Decision No. 158 / PK / TUN / 2001 to a decision of Non-Executable is a way to initiate a peace between the parties that the winning parties and the ruling party Certificate holder Broking No. 132 as a party that has been lost. The essence of peace is how the BPN role in creating the conditions that the parties who won the verdict, his rights can still be given, while for the owner of Certificate Broking No. 132 does not need to be canceled. Then after a peace between the parties earlier, the peace agreement must be drawn up in an authentic deed in this case the notarial deed, then a notary deed are then registered to Class I Palembang District Court to get the verdict determination of Non-Executable. Third, the Rule of Law which can be given to the winner of the verdict is that they can still get their rights as they are demanded in the lawsuit, while the owner of Certificate Broking No. 132 does not need to be done for cancellation as a command decision, so that the legal protection and legal justice for the hundreds of citizens derivative of the certificate holder Certificate nno Broking. 132 can still be given. In this study is recommended in order to be reviewed and revised the regulatory legislation has tended to impose to government officials to have to melaksanaka command decision that has ikracht, while there has not yet been set on the criteria that can be used as a benchmark as the ruling Non -Executable as well as an alternative solution, so there will be a legal umbrella for state administration officials were not able to carry out a court decision that has inkracht due to constraints of both factors normative juridical and technical factors. Especially for the internal BPN, it is recommended that in the Minister Substitute Regulation of the National Land Agency No. 3 of 2011 which is currently being created in the Ministry of Agricultural and Spatial / BPN RI put special rules regarding the decision of non-executable and its completion, resulting in the implementation later, this rule can be used as a benchmark by all officials BPN RI in the face of problematic decision of non-executable.
Menyoal Makna Netralitas Pegawai Negeri Sipil dalam Undang-Undang Nomor 5 Tahun 2014 Tentang Aparatur Sipil Negara Sudrajat, Tedi; Mulya Karsona, Agus
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Problems of neutrality of civil servants will always occur when the meaning of neutrality  is not in sync with the norms. In order to evaluate governance, the meaning of neutrality should be broader and more functional towards the legal relationship in the context of public official relation in the field of civil servants law. Substantially, the focus of Law Number 5 Year 2014 concerning Civil State Apparatus just make civil servants as an object of neutrality, regardless of the dynamic activity of practical politic intervention. It should be underlined that the role of civil servants in government always correlate with many interested parties. If neutrality is not matched by standard criteria and restrictions, it is very possible neutrality principle only be a slogan with minimum implementation.
Perlindungan Hukum Terhadap Anak Korban Kejahatan Seksual dalam Perspektif Hukum Progresif Harahap, Irwan Safaruddin
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0066.37-47

Abstract

A child has the right in the same as like own adult people. There are not many people that have thought to do certain things with Children’s right protection. So there are some efforts to protect children’s right that have been broken by country, adult, their environment, or their parents that did not give much attention to their future. Whereas, child as the soul and the reflection of the future, family asset, religion, and nation. Child get bad experience, like children exploitation, children abusement, being sex toy, child labor, abandoned, become the street children, victims of drug trafficking. Universally, Indonesia in breaking of the children’s right in real or nonreal become a normal and common image as mass media gives news about that. Indonesia as a law nation based on Pancasila must give a law protection to society, because of that the law protection will produce confession and human rights protection in his shape as individual creatures and social creatures in a unitary state that uphold family spirit in order to attain public welfare. Law enforcement to child victims of sexual crime in North Sumatra as conceptually has been located on the harmonizing relations of the values which span the hierarchy activities in good rules and with attitude as series value hierarchy, to build, maintain, and defend the peacefulness social life, conception that has basic philosophy that makes more solid. Construction law to protection children victims of sexual crime in progressive law perspective is an ideology and dedication of the perpetrators of law got the first place to do a dignification.
Sanksi Pidana Pemerkosaan Terhadap Anak Menurut Hukum Pidana Positif dan Hukum Pidana Islam Wahyuni, Fitri
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0071.95-109

Abstract

Crime is a social phenomenon that occurs at any place and time. One form of the crime is rape against children. This research is motivated by the condition of the large number of rapes that occur against children. But the threat of criminal penalties against perpetrators of child rape with imprisonment of a maximum of 15 (fifteen) years is considered not reflect the sense of justice for children as victims and that provision is not in accordance with the development of the people of Indonesia are mostly Muslim. This encourages the comparison between positive criminal law with Islamic criminal law and the need for reform of criminal law in the future. Descriptive-analytic approach-comparative, used to analyze criminal sanctions in rape against children in Indonesia. Criminal sanctions rape of children as contained in the Criminal Code and the laws establish child protection imprisonment. Viewed from the objective of sentencing in criminal law rape Indonesia that criminal sanctions against children in positive criminal law does not accommodate the interests of the protection of victims but only oriented to act so that the objective of sentencing offenders to provide a deterrent effect against perpetrators have not been up to materialize. While the Islamic criminal law does not mention explicitly about rape,  but rape in Islamic criminal law can be in groups into jarimah adultery even more cruel. Islamic law had explained that rape is hirabah (QS. Al Maidah: 33). Punishment in the form of the death penalty, crucifixion, hand cut legs crossed or exiled. Thus, the formulation of sanctions in criminal law reform on child rape can be adopted with a choice of criminal sanctions as contained in the criminal law of Islam.
UPAYA GANTI RUGI AKIBAT TIDAK SAHNYA PENANGKAPAN DAN PENAHANAN PASCA DIKELUARKANYA PERATURAN PEMERINTAH NO. 92 TAHUN 2015 TENTANG PELAKSANAAN KUHAP Purwanto, Heri
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0067.48-61

Abstract

The point of research is compensation, so the aim of this research was to determine claims for losses due to it unlawful arrest and detention through the pretrial process. This research uses yuridis normative law research analyst with using approach of law (statute approach) and conseptual approach so it’s using the secondary dates sources such as primary,secondary and tertiary legal materials. Dates was collected with library research and analyzed by deductive logic. That the point to research about the compensation due to the implementation of the demands it unlawful arrest and detention through the pretrial process. Basic legal arrangement which is used to determine the pretrial process is the Code of Criminal Procedure (Criminal Procedure Code). The results showed that to know whether the Government Order No. 92. 2016 on implementing the Criminal Code relating to the increase in the amount of compensation can be implemented with a simple process in accordance with the principles of simplicity and fairnes. Based on the results of research and discussion in mind that the process of implementation efforts related to the costs of compensation for damages can not be done easily, because they still have to refer to the decision of the Minister of Finance 983 / KMK.01 / 1983 that was already in need of revision due to too many stages that resulted the process becomes long in accordance with Government Regulation No. 92. 2015 which requires in Article 11, paragraph 2, which reads "Payment of compensation be made within 14 (fourteen) working days from the date of claim for damages is accepted by the minister who organized". The important thing from this research is to porpose immediately change the Indonesian Minister of Finance decision No. 983/KMK.01/198, into new decision implementing government regulation No.92. 2015. So in this case it mean that the proces of disbursement of compensation must be implemented is easy and quick short.

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