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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
HARMONISASI REGULASI DAN EFEKTIVITAS KELEMBAGAAN SAFEGUARD DI INDONESIA Alfaqiih, Abdurrahman
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The implementation of WTO agreement is not easy in accordance with the estabilished regulations, so deviations in the process of trade liberalization that press domestic indrusties will likely to take place. Therefore, it is necessary to have safety actions to actualize mutual benefits in international trade. There are many cases of safety actions conducted by many countries such as Argentine that implements safety actions to its footwear industries without adapting to WTO regulations which causes the country’s losses. The paper examines the consistency of safeguard regulations in Indonesia with safeguard regulations of WTO and its implementation reviewed from the law effectiveness. The result of the study shows that the safeguard regulations in Indonesia is in accordance with the safeguard regulations of WTO in the normative level, but in the implementation the policy is not done effectively.
INDIKASI GEOGRAFIS: REZIM HKI YANG BERSIFAT SUI GENERIS Sasongko, Wahyu
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The existence of the Geographical Indication (GI) was estabilished at the same time as the TRIPs Agreement in 1994. In the TRIPs Agreement, GI is Intellectual Property Rights (hereafter IPR) regime that is typical of sui generis due to its distinctive features. It is reflected in the elements that are in the definition of GI. Basically, GI has set the use of Geographical names to recognise an object. Previously, the IPR regime had also set them, namely: Indication of Source (IS) and Apellation of Origin (AO), that were set in the Paris Convention in 1883, Madrid Agreement in 1891, and the Lisbon Agreement in 1958. Instead, the geographical names are also used as brands. The paper is a theoretical study towards two problems. First, the elements that become the characteristics of GI so that it is typical of sui generis. Second, the similiarities and the differences amongst GI and IS, AO and other trademarks. The findings of the study reveal that GI is typical of sui generis, reflected in the elements that are in the GI definition as it has already been agreed upon in the TRIPs Agreement. There are similiarities amongst GI and AS, AO and other trademarks, namely they can use the geographical names as a label on objects. Meanwhile, the differences are in the elements themselves. IS has the simplest element, followed by GI and the trademark is in ownership system that is individual in the trademark and communal in GI.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i1.1982

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i1.1977

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i1.1976

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i1.1983

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i1.1978

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.
INDIKASI GEOGRAFIS: REZIM HKI YANG BERSIFAT SUI GENERIS Sasongko, Wahyu
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i1.1980

Abstract

The existence of the Geographical Indication (GI) was estabilished at the same time as the TRIPs Agreement in 1994. In the TRIPs Agreement, GI is Intellectual Property Rights (hereafter IPR) regime that is typical of sui generis due to its distinctive features. It is reflected in the elements that are in the definition of GI. Basically, GI has set the use of Geographical names to recognise an object. Previously, the IPR regime had also set them, namely: Indication of Source (IS) and Apellation of Origin (AO), that were set in the Paris Convention in 1883, Madrid Agreement in 1891, and the Lisbon Agreement in 1958. Instead, the geographical names are also used as brands. The paper is a theoretical study towards two problems. First, the elements that become the characteristics of GI so that it is typical of sui generis. Second, the similiarities and the differences amongst GI and IS, AO and other trademarks. The findings of the study reveal that GI is typical of sui generis, reflected in the elements that are in the GI definition as it has already been agreed upon in the TRIPs Agreement. There are similiarities amongst GI and AS, AO and other trademarks, namely they can use the geographical names as a label on objects. Meanwhile, the differences are in the elements themselves. IS has the simplest element, followed by GI and the trademark is in ownership system that is individual in the trademark and communal in GI.
HARMONISASI REGULASI DAN EFEKTIVITAS KELEMBAGAAN SAFEGUARD DI INDONESIA Abdurrahman Alfaqiih
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i1.1975

Abstract

The implementation of WTO agreement is not easy in accordance with the estabilished regulations, so deviations in the process of trade liberalization that press domestic indrusties will likely to take place. Therefore, it is necessary to have safety actions to actualize mutual benefits in international trade. There are many cases of safety actions conducted by many countries such as Argentine that implements safety actions to its footwear industries without adapting to WTO regulations which causes the country’s losses. The paper examines the consistency of safeguard regulations in Indonesia with safeguard regulations of WTO and its implementation reviewed from the law effectiveness. The result of the study shows that the safeguard regulations in Indonesia is in accordance with the safeguard regulations of WTO in the normative level, but in the implementation the policy is not done effectively.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i1.1979

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.

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