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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 32 Documents
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Search results for , issue "Vol 20, No 1 (2013)" : 32 Documents clear
LEMBAGA PERADILAN DALAM PERSPEKTIF PEMBARUAN HUKUM Hoesein, Zainal Arifin
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Jurnal Media Hukum

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Abstract

The study aims at knowing the judicial power in legal reform perspective. In principle the rule of law, all public policy and election of public officials must be based on the rule of law. To realize the principle of supremacy of law, then one major factor is the presence of the judiciary is the embodiment of judicial power is independent, and authoritative. Law enforcement can not be regarded merely as a process of applying the law, however, has a broader dimension especially with regard to the dimensions of human behavior. The legal problems that will always stand out is the problem of "law in action" and not "law in the books". The judge is not only a spokesman for the law, but even further is the spokesman for law and justice. This means that the judiciary function as an institution that is able to translate the law in concrete when dealing with written legal norms/laws, and even be able to find the law, when a legal vacuum. In this perspective the judiciary can function as a locomotive of legal reform, if the judiciary can run freely and independently, and adhering to the principles of justice and expediency.Key words: Judiciary, Legal reform, and independent
LEGAL ISSUES RELATED TO THE SHARIAH ADVISORY COUNCIL IN MALAYSIA Mohd Yasin, Norhashimah
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Malaysia has always aspired to be the hub for Islamic banking and finance. Various measures have been, and are being, carried out to promote Malaysia as an international Islamic banking and financial centre. As the backbone for this, the national Shariah Advisory Council (SAC) has been established under the auspices of the Central Bank of Malaysia Act 1958 (CBMA). Under the CBMA, the SAC has been conferred a statutory function as the authority for the ascertainment of Islamic law for the purposes of Islamic banking, as well as business and other types of Islamic financial businesses. In 2009, the CBMA 1958 was replaced and repealed. With the coming into force of the CBMA 2009, the role and functions of the SAC was reinforced and upgraded in terms of appointments of members and, most importantly, that the Shariah rulings pursuant to any reference made to the SAC by the Civil court or arbitrator concerning Shariah matters shall be binding on the Islamic financial institutions as well as on the court and any arbitrator. The issue of whether or not the SAC is the final arbiter on Islamic banking and finance disputes or, in other words, there is no longer a process of judicial review where it involves Shariah matters, will be the highlight of this paper. To what extent does the post CBMA 2009 solve the binding nature of the SAC upon the Civil courts of Malaysia as its rulings and directives are only relevant to ‘Shariah’ issues? What would be the situations if the issues of the Islamic banking and finance cases are deemed not to amount to a ‘Shariah’ issue, but are purely on banking, land matters or contractual interpretations? Has there any actual legal reform been brought about by this amendment or is it merely a cosmetic changes? If the court were to be bound by the SAC rulings, does this not usurp the independence of the judiciary which is the corner stone of the principle of separation of powers between the executive, the legislature and the judiciary? The above legal issues will be critically explored with the help of cases decided by the Malaysian Civil courts, pre and post CBMA 2009.
COMBATING PIRACY: THE INDONESIAN CASE Kamil Ariadno, Melda
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Piracy at sea has been a threat to international navigation ever since the sea traverse by ships from west to east and north to south. Threat to international trade has resulted to various efforts in combating piracy regionally as well as internationally. International law has differentiated between piracy and sea-armed robbery, while the first requires regional or international cooperation due to universal jurisdiction, the second will directly fall under the jurisdiction of coastal state. Strait of Malacca has been used by international navigation and very fragile to the threat of piracy or even appropriately called as sea armed robbery since most of the time happened in the part of Indonesian territorial sea. Various efforts to combat piracy have been carried out by Indonesia including to cooperate with Malaysia and Singapore. This article discuss about piracy at sea, its legal definition and effort to combat piracy.
ENHANCING VALUE OF CUSTOMARY LAND: A CASE STUDY OF NEGERI SEMBILAN Jaria Maidin, Ainul; Zulkarnain, Ramawansyah; Sarah Sulaiman, Siti; Mohd Ramli, Norhidayah
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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This paper examines the role of law in enhancing the value of customary land which is an integral part of the social and economic aspect of the adat perpatih community in the State of Negeri Sembilan, Malaysia. Tracts of customary land has been left idle for some time since 1980s mainly because of the wrong perception that agricultural activities will not yield fast and high returns. The Malaysian government identified various strategies to help alleviate rural poverty since the early days of independence. Despite the efforts undertaken by the government, the major problem posed to the government agencies is the increasing rate of idle agricultural land. Data were collected from interviews with affected landowners in Negeri Sembilan, the adat leaders, the State Authorities responsible for land administration and development, Federal government agencies established to address rural development strategies to identify the reasons for the increase in the idle agricultural landdespite the policies and measures undertaken by the government for promoting efficient use of the land. Research identified that there are factors impacting adversely on the successful implementation of the government’s plans to develop idle agricultural lands. This problem if left not being watched will impact on the supply of agriculture land available for development. This paper sets out the legal measures that can be adopted in addressing issues relating to idle agricultural land, the problems faced and the proposals to overcome the problems to prevent the loss of supply of land available for agriculture development which is very crucial to ensure food security and promote sustainable development of the rural community that can have the effect of enhancing the values of customary land.
KOPERASI JASA KEUANGAN SYARIAH BAITUL MAAL WAT-TAMWIL (STUDI KASUS DI BERINGHARJO, YOGYAKARTA) Umam, Khotibul
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Koperasi Jasa Keuangan Syariah Baitul Maal wat-Tamwil (KJKS BMT) is an organization that combines the concept of cooperatives and the concept of sharia. Both have the same spirit of kinship and mutual assistance (ta’awun). The concept is realized in the form of maal products and tamwil products, and accompanying activities, giving the product in question. Operational KJKS BMT based on the laws and regulations in the field of cooperatives.
BURMA’S ROHINGYA CASE IN INTERNATIONAL LAW PERSPECTIVE Gunawan, Yordan; Priambodo, Gatot
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Nowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn’t recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar’s government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1) Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issu that applicable to the Rohingyas case.Keywords:
RIGHT TO PROPERTY: THE LAND ACQUISITION ACT 1960 AND THE SHARIAH PERSPECTIVE Asiah Mohamad, Nor; Sufian, Azlinor; Harun, Azmi; Amin, Naemah
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Islamic law recognizes both private and community property. This community rights are manifested in forms of entitlement for charitable purposes, known as waqf or trusts,  sadaqah as well as  zakat. Under the Sha‘riah, however, ownership of all property ultimately rests with God. Though individual property rights are upheld, there is a corresponding obligation to share, particularly with those in need. In Malaysia, the right to property is a constitutional right and thus, the acquiring authority cannot deprive a person of his land in an arbitrary manner. This paper discusses the extent of which the acquisition law falls in line with Shari‘ah thus preserving the right to property as determined by Shari‘ah to individuals. Similarly, the paper also looks at some basic principles sustained by the court in determining whether the working of the acquisition law falls within the constitutional guarantee provided under Article 13 of the Federal Constitution and the Sha‘riah. A study of the case law reveals that human errors due to greediness and lack of responsibility have contributed to some of the problems in land acquisition.
THE NATIONAL AND SHARIA ARBITRATIONS: A COMPARATIVE STUDY Fitriyanti, Fadia
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

In the business world, of course, many considerations that underlie the business actors to choose arbitration as a dispute resolution efforts for dispute that will or they face. Among the advantages of arbitration over court based on Arbitration Act are the parties can choose the arbitrator. Although in the arbitration the parties can select arbitrators who are experts in their fields, seem the consideration to establish BASYARNAS (The National Sharia Arbitration Board) at first certainly raises the pros and cons. Based on the description of the background of the above problems then the formulation of the problem is how the comparison between national arbitration and sharia arbitration where the discussion focused on Rules and Procedures of BANI (The Indonesia National Board of Arbitration) and BASYARNAS. The substance of similarities between National arbitration and Sharia arbitration in the same way of resolving disputes other than through the courts or alqadla. With regard to the legal basis for the enactment of a national arbitration refers to Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution, while sharia arbitration is not set explicitly in the Law No. 30 of 1999 even in this act there is no article that offends the existence of sharia arbitration.The existence of sharia arbitration is recognized in the elucidation of Article 59 paragraph 1 of Law Number 48 of 2009 concerning the judicial power, which reads referred to arbitration under the provisions of the law including the sharia arbitration.There are some differences between national arbitration and sharia arbitration, the differences are the source of law, the legal principle , the jurisdiction of authority, pre-hearing phase, hearing phase and enforcement of the arbitral award phase.
LEMBAGA PERADILAN DALAM PERSPEKTIF PEMBARUAN HUKUM Arifin Hoesein, Zainal
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The study aims at knowing the judicial power in legal reform perspective. In principle the rule of law, all public policy and election of public officials must be based on the rule of law. To realize the principle of supremacy of law, then one major factor is the presence of the judiciary is the embodiment of judicial power is independent, and authoritative. Law enforcement can not be regarded merely as a process of applying the law, however, has a broader dimension especially with regard to the dimensions of human behavior. The legal problems that will always stand out is the problem of “law in action” and not “law in the books”. The judge is not only a spokesman for the law, but even further is the spokesman for law and justice. This means that the judiciaryfunction as an institution that is able to translate the law in concrete when dealing with written legal norms/laws, and even be able to find the law, when a legal vacuum. In this perspective the judiciary can function as a locomotive of legal reform, if the judiciary can run freely and independently, and adhering to the principlesof justice and expediency.
IDEOLOGI DAN KONSTITUSI DALAM PERKEMBANGAN NEGARA-BANGSA INDONESIA: REKONSTRUKSI TRADISI, DEKOLONISASI, DAN DEMOKRATISASI Fitriciada Azhari, Aidul
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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The research has purpose to investigate the development of Pancasila and the 1945 Constitution as the ideology and the constitution of Indonesia amidst the development of nation-state post-World War II and post-Cold War and its implication to position of people as a nation and citizens. With a socio-legal approach, the research found that the development of Pancasila and the 1945 Constitution has changed from the ideology and the constitution of postcolonial to the ideology and the constitution of post authoritarian. The change is marked by reduction of reconstruction of tradition and decolonization in the 1945 Constitution. Then, those are replaced by a purpose to democratization of the 1945 Constitution according to the universal values. The change that emphasizes on majority rule and rational choice also has shifted character of people from collectivity as a nation to individuality as a citizen.

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