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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 23 Documents
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Search results for , issue "Vol 24, No 1 (2017): June" : 23 Documents clear
Perlindungan Hukum Terhadap Hak-Hak Masyarakat Adat Di Kabupaten Pelalawan Terkait Dengan Penerbitan Ijin Lahan Bachtiar, Maryati; Fitriani, Riska
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0091.71-79

Abstract

Overlap the land permit granted by the Government of Pelalawan result of indigenous people communal land taken without regard to the rights of the local population. In issuing licenses, many customary rights of indigenous peoples are disadvantaged. Because in practice the country has not fully provide legal protection of the rights of indigenous peoples, as in the case of customary land disputes and conflicts/communal, indigenous peoples still in a weak position associated with the policies issued by the state. Need for Local Regulation in Pelalawan governing the legal protection of the rights of indigenous peoples, so that indigenous land disputes and conflicts/customary in Pelalawan can be minimized.
Pengaturan dan Implementasi Prinsip Netralitas Aparatur Sipil Negara di Indonesia Sarnawa, Bagus
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0088.42-51

Abstract

The State Civil Apparatus has a very important role in the implementation of the tasks of government and nation-building. Therefore, the State Civil Apparatus is an apparatus free from political intervention. In other words, as stated in the legislation, the State Civil Apparatus must be neutral. The neutrality of the State Civil Apparatus is a prohibition for the State Civil Apparatus to become a member or manager of a political party, so that the Civil State Apparatus is free from the influence and intervention of political parties in the performance of their duties and obligations. The regulation of the neutrality of the new State Civil Apparatus began in the New Order period with the issuance of Law No. 8 of 1974, and so on in Law 43 of 1999 and Law No. 5 of 2014 on State Civil Apparatus and its implementing regulations. In practice, the implementation of neutrality of the State Civil Apparatus has many obstacles and constraints. At the time of enactment of Law No. 8 of 1974 and Law No. 43 of 1999, the principle of State Civil State’s neutrality of neutrality is often violated, this is due to the strong influence of political parties in bureaucratic relations in government agencies. Therefore, in the period of Law No. 5 of 2014, efforts are made to minimize and even eliminate the influence of political parties on the State Civil Apparatus, one way is to establish the State Civil Apparatus Commission.
Kedudukan Hukum Ibukota Kabupaten Setelah Dimekarkan Menjadi Pemerintah Kota Alinapia, Alinapia
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0092.80-87

Abstract

The problems of this research are: firstly how is the law position of district capital city South Tapanuli after separated from Sidimpuan city? Secondly, what are the law effects of between double capital cities and two autonomy areas? In this research, it used law research method, with collected the data based on interview and documentation. It was analysis with hypotheses technique inductively and deductively, therefore it found that the position the main capital city of district South Tapanuli after separated from Padangsidimpuan is Padangsidimpuan. Although in constitutions of establishment Padang Lawas in 2007, it is determined Sipirok as the capital city, but it is realization in 2014. Meanwhile the effects of law double capitals, in generally can disturb the continuity of both government and especially it will happen discrepancy, minus work ethic, there is the classification of society, outdated of tradition “dalihan natolu” and easily to provoked both two government.
Dinamika dan Problematika Politik Hukum Lembaga Penyelesai Sengketa Hasil Pemilihan Kepala Daerah di Indonesia Nasrullah, Nasrullah; Lailam, Tanto
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The success of free and fair local elections is not only measured by the voting process, but also determined on how the settlement of the disputes follows it. In connection with that, the institutional dispute settlement of local elections in Indonesia has experienced ups and downs that have not been interminable. The issuance of the Act Number 10 of 2016 which mandates the establishment of special judicial body for settlement of regional head election disputes still leaves a ‘homework’ of the shape or design of that special judicial institution, its authorities and procedural law that must be established ahead of national simultaneous elections in 2027. This paper is the result of a normative research with statute, analytical, and case approaches regarding the background of the existence of special judicial body which is needed to be established to resolve regional head election disputes in Indonesia as an antithesis on the weaknesses and problems ofinstitutional settlement of regional head election disputes that been there for years, namely: Supreme Court and the Constitutional Court. In order to provide an overview as well as an alternative institutional model of special court for regional head election disputes settlement to be formed onward.
Kewenangan Komisi Kepolisian Nasional dalam Mewujudkan Tata Kelola Kepolisian Yang Baik Awaluddin, Awaluddin
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0089.52-61

Abstract

This research aims to analyze on how the authority implementation by National Police Commission in the pursuit of manifesting good governance of police in Indonesia. This research is a normative research. The data collection method is by library researches, document studies, law acts, interview with member of the House of Representative of Indonesia, interview with National Police Commission, and interview with the Imparsial Jakarta. The data processing method is qualitative. The result of the research shows that the authority implementation by National Police Commission has not worked according to the society’s expectation. Since the authority owned by National Police Commission is too simple for a national commission that help President. Likewise, it is too weak for a commission which expected to run the supervisory function toward the performance of Indonesian Police.
Implikasi Declaration of Conduct Laut Tiongkok Selatan Tahun 2002 Terhadap Proses Penyelesaian Sengketa Haryanto, Agus; Bainus, Arry
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0093.88-95

Abstract

Overlapping sovereignty in the South China Sea (SCS) has been serious problem since the 1970s. A formal agreement was reached between China and ASEAN is Declaration of Conduct (DoC) that signed in 2002. However, the existence of the DoC has not yet been able to defuse the dispute in the SCS. This paper will elaborate the DoC weaknesses that have a low bonds, precision and delegation. Thus, it is understandable if the DoC was not able to organize parties - disputants. Therefore the parties need to have a Code of Conduct (CoC) to follow up the DoC.
Konstruksi Regulasi Sistem Pemilihan Kepala Daerah Menuju Sistem Pemilihan Kepala Daerah yang Demokratis dan Aspiratif Sulardi, Sulardi; Sulistyaningsih, Tri
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0086.24-34

Abstract

This research is expected to produce the formulation of regulations on the regional election democratic and aspirational in order to embody democracy and good governance, from centralist to decentralization, of authoritarian to democracy. This research approah is a constructivism paradigm. The characteristics of this research are: first, this research uses an approach which law that manage the election as a mental construction reality of individual result of writing, and subjective action. Second, to get the data, the writer interact with expertises accurately and also governmental parties who are competent in this focus of research. Third, the interaction between the writer and expertises is conducted directly. Fourth, in accordance to various scientific literature works, then used as guidance by the researcher to conduct their own regulation construction in regional election. Fifth, conducting focus group dicsussion to get input for the improvement of this research.
Urgensi Pengaturan Keamanan Maritim Nasional di Indonesia Puspitawati, Dhiana; Kristiyanto, Kristiyanto
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Located between two continents and two oceans, Indonesia is vulnerable to various transnational crimes. Hence, the concept of maritime security emerged. This paper focuses on three crucial matters, maritime delimitation, IUU Fishing as well as piracy and armed robbery at sea. This research aims to analyze the urgency of national maritime security legal framework in Indonesia. This research uses normative method with statute approach and comparative approach. It is submitted that although regional dan international cooperation is important to address maritime threats, national legal instrument is also necessary. Unfortunately, Indonesia still does not have comprehensive national legal instrument in place. Thus, it is argued that Indonesia should formulate specific policy and national legal frameworks in addressing maritime threats completed with certain measures for each threats as well as point out which institutions competent in handling each threats.
Tanggung Jawab Sosial Badan Usaha Milik Negara dalam Menumbuhkan Kemandirian Masyarakat di Sulawesi Selatan Rauf, Abdul
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

State-owned enterprises (SOEs) social responsibility is important to maintain continuity of production to the goal of building the social legitimacy, even the implementation of social responsibility in SOEs has become a liability in accordance with the legislation in force. However, reality shows that the implementation of social responsibility by the state has not been able to play an optimal role in fostering self-reliance. Therefore, the issues to be discussed is how a form of implementation of social responsibility SOEs to foster self-reliance. This research was conducted by examining theories and provisions of relevant laws and connected with the application in the field. The research was conducted on a five (5) SOEs in South Sulawesi as a sample. The results showed that the implementation of social and environmental responsibility by the state is a form of concern on the part of the company on surrounding communities and the environment, which is implemented in the form of the Partnership and Community Development Program coupled with other social programs are referred to as BUMN Peduli. However, in order to foster self-reliance of society, there should be synchronization between the activities of the partnership program with environmental development program. Provide guidance to the public should also be conducted on an ongoing basis from the provision of training, provision of capital, mentoring, until the people who nurtured can be sought independently.
The Use of Gold Dinar and Silver Dirham in Moslem Countries in the Contemporary Era Ichsan, Muchammad
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0087.35-41

Abstract

The dominance of the US dollar and other developed countries currencies, as well as the fact that their currencies have fallen behind, have urged groups of Moslems in some countries to call for the use of gold dinar and silver dirham as a medium of exchange. This paper aims at examining the need, application, and law on the use of gold dinar and silver dirham from the Islamic perspective. To reach the goal set at this moment, a descriptive method is employed in the writing while an analytical method is used to scrutinize the relevant problems. This study finds that in the current situation Moslems need to use gold dinar and silver dirham for their financial contracts. The use of gold dinar and silver dirham is applicable in this modern era although there are some obstacles and problems. Lastly, the use of gold dinar and silver dirham as a medium of exchange is allowed from the Islamic perspective based on some propositions.

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