Jurnal Media Hukum
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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<![CDATA[Kedudukan Hukum Pihak Ketiga dalam Layanan Keuangan Tanpa Kantor ]]>
<![CDATA[Joko Suryono, Leli]]>;
<![CDATA[Anggriani, Reni]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0117.228-235
<![CDATA[Financial Services Authority Regulation Number 19/POJK.03/2014 concerning Financial Services Without Offices In the Context of Inclusive Finance, the Financial Services Authority in collaboration with the Banking sector makes services sell well. In this study as clever behavior is Bank Central Asia, which is one of the banks that conducts Officeless Financial Services, because it needs to serve people in remote areas, it is necessary to know the definition of clever service in order to know how the legal position of Third Parties in managing smart services still unclear, especially the legal status of the Third Party as a liaison between the bank and the customer. The purpose of the study is to examine and analyze the legal standing of third parties in financial services without offices. This research is a normative legal research that examines the principles, legal concepts and legislation related to the legal position of third parties in the provision of financial services without offices. The conclusion of this study is that Officeless Financial Services is an activity of providing banking services and/or other financial services carried out not through office networks and legal relations of the parties based on cooperation agreements and internal circulars. The legal position of third parties is as a bank liaison with customers (agents) and an extension of the bank (partner), where in each implementation there are rights and obligations that must be fulfilled in order to achieve the implementation of salable services.]]>
<![CDATA[Penanggulangan Penangkapan Ikan secara Ilegal di Perairan Provinsi Aceh ]]>
<![CDATA[Adwani, Adwani]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0109.137-149
<![CDATA[Countermeasure against illegal fishing in Aceh water territory has not yet run effectively as expected in accordance with the Law Number 45 of 2009 on Fisheries. This research aims to identify the policies of the local government relating to the countermeasure of illegal missing the mentioned territory. Data were collected through library research on reliable sources such as books, journals and other scholary works. In addition, field works foe collecting primary data have also been conducted through interview with relevant informen and respondents. It is found that the local government has shown necessary efforts in preventing and combating illegal fishing by issuing regulation concerning fishery issues and making coordination with relevant parties the Navy, Office of Maritime Affairs and Panglima Laot. Nevertheless, more efforts are needed including the issuance of the more specific regulation on illegal fishing which can address the case of illegal fissing by foreign fishing vessels. This is important since the existing regulation can only deal with the case of illegal fishing carried out by local fishermen with regards to illegal fishing gear and fishing permits.]]>
<![CDATA[Optimalisasi Peran Badan Usaha Milik Negara (BUMN) pada Era Masyarakat Ekonomi Asean (MEA) ]]>
<![CDATA[Ikhwansyah, Isis]]>;
<![CDATA[Chandrawulan, An An]]>;
<![CDATA[Amalia, Prita]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0110.150-161
<![CDATA[ASEAN Economic Community (AEC) which came into effect since 2015 requires the creativity of the Indonesian society in competing with other ASEAN countries. One of the necessary strategies in dealing with AEC is to optimize the role of the State-Owned Enterprises (BUMN). With regards to the implementation of the AEC, it is important to provide adequate regulation in order to ensure legal certainty for BUMN. The main purpose of this research is to discover form of national regulation that can maximize business opportunity for BUMN in AEC era. It is found that the existing regulations have not yet given business opportunity for BUMN in AEC era. The existing regulations are contradictory one to another especially relating to the status of the state finance inserted as capital into BUMN. In addition, the Constitutional Court decision Number 48/PUU-XI/2013 maintained that the capital inserted into BUMN is considered as part of the state finance. Therefore, this brings about fundamental impact on future cases since the nature of the Constitutional Court decision is erga omnes.]]>
<![CDATA[Pengaruh Pelaksanaan Jaring Aspirasi Masyarakat dalam Pembentukan Peraturan Daerah Partisipatif ]]>
<![CDATA[Fatkhurrohman, Fatkhurrohman]]>;
<![CDATA[Sjuhad, Miftachus]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0114.190-201
<![CDATA[Jaring Asmara were carried out after Regional Regulation drafting was completed by both the executive and the legislative. This research carried out an empirical legal research approach.The results of the research in Malang, Pasuruan and Tulungagung showed that Jaring Asmara activities produced the first few records, all inputs (proposals) from stakeholders were not always fulfilled, especially those that were against the wishes (legal politics) by the legislators. Both things are definitely fulfilled by the legislator when it comes to new policies, information on new legislation, information on new technical procedures. From these findings, it shows that Jaring Asmara is actually a tool to provide opportunities for the community in guarding the formation of a regional regulation to be a little functional (not optimal). Likewise the existence of the thought theory of Philip Nonet and Philip Selznick which is the motor of forming responsive legislation has no effect at all. Jaring Asmara is nothing more than a ceremonial activity where the target is only to drop procedures. It is hoped that in the first year this study will find out the influence of implementing the Jaring Asmara in the formation of participatory local regulations to resolve the problem.]]>
<![CDATA[Implikasi Pengujian Undang-undang oleh Mahkamah Konstitusi dalam Mewujudkan Maqashid Syari’ah ]]>
<![CDATA[Nur Wijayanti, Septi]]>;
<![CDATA[Lailam, Tanto]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0115.202-216
<![CDATA[This research is about the implications of constitutional review by Constitutional Court in realizing maqashid sharia backgrounded by the ambiguity of whether or not to use the maqashid syariah as a benchmark in constitutional review. The research is to observe the use of maqashid syariah as a benchmark and the implications of the legal system in Indonesia. The method used is normative legal research focusing on several decisions of Constitutional Court. The results of the study show that the Constitutional Court accommodates maqashid sharia. Based on the analysis of Constitutional Court Verdict Number 2-3/ PUU-V/2007, Verdict Number 12/PUU-V/2007, Verdict Number 68/PUU-XII/2014, Verdict Number 85/PUU-XI/2013 show that in constitutional review, the Constitutional Court uses the maqashid syariah as a benchmarks (in the framework of Pancasila) in line with the idealization of Baldatun Thayyibatun wa Rabbun Ghafur meant to maqashid syariah focusing on maintaining the benefit of religion/din, maintaining the benefit of the soul/nafs, maintaining the benefit of reason/aql, maintaining the benefit of descendants/nasl, and maintaining the benefit of wealth/mal) has been accommodated and applied in constitutional review. The implication is that maqashid sharia becomes one of benchmarks in constitutional review and the Constitutional Court can intepret the contextualization of maqashid sharia in various cases.]]>
<![CDATA[Penormaan Pengawasan Izin Lingkungan dalam Pencegahan Pencemaran dan Kerusakan Lingkungan Hidup dalam Eksploitasi Sumber Daya Alam ]]>
<![CDATA[Listiyani, Nurul]]>;
<![CDATA[Akbar Hayat, Muzahid]]>;
<![CDATA[Mandala, Subianta]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0116.217-227
<![CDATA[In environmental protection and management, the main effort is to prevent pollution and damage on environment instead of repressing the damages occurred. Permit is one of preventive measures and becomes a principle in Administrative Law. Permits can be seen as government’s tool as judicial preventive and used as an administrative instrument to control people's behavior. Environmental permit can be seen as preventive measure, because it always related to orders and obligations that must be obeyed by the holder. On the other hand, environmental permit also function as repressive instrument to counter environmental problems due to human activities, including mining. The norm’s obscurity on the supervision of environmental permits in in Law No. 32 Year 2009 on Environmental Protection and Management (hereafter will refer as UUPPLH) is an indicator for the lack of the objective results.Based on type, this research focuses the study on the Environmental permit as an absolute requirement. Normatively, the principle of environmental permit as stipulated in Environmental Law regulates that every business and/or activity which required an Environmental Impact Analysis document or UKL-UPL should also hold an environmental permit. The purpose of Environmental permits is to maintain the preservation of environmental functions while also prevent and counter environmental pollution and damage due to human activities. Based on this construction, permits plays a very important role in environmental activity. Exploitation of natural resources has a significant impact on the environment, thus based on Article 22 paragraph (1) of Environmental Law these activities requires an Environment Impact Analysis. Important impacts as detailed in Article 22 paragraph (2) at empirical level still occurs so the goal of preventing pollution and damage as the objective of environmental permits still has not been achieved.]]>
<![CDATA[Mewujudkan Keadilan Sosial dalam Penyelesaian Sengketa Di Pengadilan Administrasi ]]>
<![CDATA[Amarini, Indriati]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0111.162-170
<![CDATA[Administrative Courts in developing countries carry out more demanding tasks than those in developed countries because they have to be able to keep the balance between protecting public and individual interests. This research raises the issue of how to realize social justice in resolving a dispute in Administrative Courts. This is a doctrinal research using legal, conceptual, and comparative approaches. The research result indicates that Administrative Courts, carry out the oversight function against the acts of government officials, have to realize the justice which becomes the essence of the administrative law’s goal, that is social justice. Social justice which is built on the basis of Pancasila, functions to maintain the balance between the individual interest and the society’s rights so that the balance and harmony between the government and the people will be created. Furthermore, the Administrative Courts have to be able to realize the social justice, not only normative or procedural justices.]]>
<![CDATA[Kedudukan Hukum PERMA Nomor 2 Tahun 2012 dalam Perspektif Sistem Peradilan Pidana (Studi di Pengadilan Negeri Kelas I Kupang) ]]>
<![CDATA[Ballu, Nuriyani]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0112.171-180
<![CDATA[This study aims to determine the position and the application of criminal penalties in accordance with the Supreme Court Decree Number 2 of 2012 concerning Adjustment of Limitation of Minor Crime and Amount of Fine in the Penal Code from the Perspective of the Criminal Justice System. The nature of research is normative legal research. Data in the form of court decision was take from the Kupang District Court. Study was made against the theft case involving an accused named Yohamir Amtiran Alias Hamir Amtiran which is registered in the mentioned court numbered 205/ Pen.Pid / 2015 / PN.KPG. The accused person has been alleged for having stolen two watches, one with Giotana brand, silver-colored boxy, and another one with SEIKO brand, spherical gold. The theft was committed at night in a house owned by Indriani Listya Purwanti Indri alias Indri located in BSB Housing Complex, Puri Lontar Street, Oebufu Village, Oebobo Subdistrict, in Kupang. The economic value of the stolen properties is approximately Rp 1,500,000.00 (one million and five hundred thousand rupiahs). The accused was tried with the ordinary criminal proceedings and put under detention. It is clear that the judges have not yet implemented the above mentioned Supreme Court Decree.]]>
<![CDATA[Pengaruh Pelaksanaan Jaring Aspirasi Masyarakat dalam Pembentukan Peraturan Daerah Partisipatif ]]>
<![CDATA[Fatkhurrohman Fatkhurrohman]]>;
<![CDATA[Miftachus Sjuhad]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0114.190-201
<![CDATA[Jaring Asmara were carried out after Regional Regulation drafting was completed by both the executive and the legislative. This research carried out an empirical legal research approach.The results of the research in Malang, Pasuruan and Tulungagung showed that Jaring Asmara activities produced the first few records, all inputs (proposals) from stakeholders were not always fulfilled, especially those that were against the wishes (legal politics) by the legislators. Both things are definitely fulfilled by the legislator when it comes to new policies, information on new legislation, information on new technical procedures. From these findings, it shows that Jaring Asmara is actually a tool to provide opportunities for the community in guarding the formation of a regional regulation to be a little functional (not optimal). Likewise the existence of the thought theory of Philip Nonet and Philip Selznick which is the motor of forming responsive legislation has no effect at all. Jaring Asmara is nothing more than a ceremonial activity where the target is only to drop procedures. It is hoped that in the first year this study will find out the influence of implementing the Jaring Asmara in the formation of participatory local regulations to resolve the problem.]]>
<![CDATA[Penanggulangan Penangkapan Ikan secara Ilegal di Perairan Provinsi Aceh ]]>
<![CDATA[Adwani Adwani]]>
<![CDATA[ Jurnal Media Hukum Vol 25, No 2, December 2018 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2018.0109.137-149
<![CDATA[Countermeasure against illegal fishing in Aceh water territory has not yet run effectively as expected in accordance with the Law Number 45 of 2009 on Fisheries. This research aims to identify the policies of the local government relating to the countermeasure of illegal missing the mentioned territory. Data were collected through library research on reliable sources such as books, journals and other scholary works. In addition, field works foe collecting primary data have also been conducted through interview with relevant informen and respondents. It is found that the local government has shown necessary efforts in preventing and combating illegal fishing by issuing regulation concerning fishery issues and making coordination with relevant parties the Navy, Office of Maritime Affairs and Panglima Laot. Nevertheless, more efforts are needed including the issuance of the more specific regulation on illegal fishing which can address the case of illegal fissing by foreign fishing vessels. This is important since the existing regulation can only deal with the case of illegal fishing carried out by local fishermen with regards to illegal fishing gear and fishing permits.]]>
