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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 20 Documents
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Search results for , issue "Vol 22, No 2 (2015)" : 20 Documents clear
FUNGSI BHP SEBAGAI WALI PENGAWAS TERHADAP ANAK DI BAWAH PERWALIAN DALAM RANGKA PERLINDUNGAN ANAK (STUDI KASUS DI BHP SEMARANG) Heriyani, Endang; Yuniarlin, Prihati
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0057.218-231

Abstract

According to Article 45 paragraph (1) Regulations No 1 1974 about marriage, both of the parents have obligation to take care and educate their children as well as possible. But in fact, many events can be watched on parents who do not do their duties as parents. Children who are not in the authority of their parents, will be placed under the guardianship. According to Article 306 of the book of the civil law act in guardianship there should be a guardian which is run by the Heritage Hall. The problem rises is the existence of the Heritage Hall as the guardian watch in guardianship that can give protection to the children under the guardianship and how are the efforts to optimize the function of the Heritage Hall as the guardian watch to the children under the guardianship. This research is a normative and an empirical law research. The conclusion of this research is that the guardian's obligations and the obligations of the Heritage Hall as the guardian watch if it is executed to provide protection to the children, both the personality and the treasure. Thus, the position of Heritage Hall as the guardian watch needs to be maintained. The efforts of Heritage Hall to optimize the function of the Heritage Hall as the guardian watch can be reached by the bill of draft legislation about Heritage Hall. By maintaining the provisions of the book of civil law act or S 1872 No 166 on the instruction of Heritage Hall, which are still needed by the Heritage Hall in doing the duties.
Perjanjian Kerjasama Jasa Operator Yang Aman Dan Menjamin Kepastian Hukum Di Bidang Transportasi Anggriani, Reni
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0062.294-308

Abstract

A success in the business world could be seen one from the absence of problems nor disputes among the business people.The interests of investors either business people in conducting business transaction caused by the availability of a certainty within the business itself. The investor or business people would be interested to conduct a business or transaction with the result that there are teasing and ensure legal certainty in the position of conducting business or cooperation in these efforts. Perhaps even legal certainty is a major factor which is very important for them to conduct business, especially a business or partnership that has a very large nominal value, including the cooperation in transportation sector, especially the service provider. Legal certainty is a major factor to gain the trust and convince the investors to do a partnership in conducting business transactions. One of kinds of legal certaintycould be stated in a written agreement in which regulates everything that had been agreed upon by the parties who enter into agreement. The cooperation of operator services in transportation sector actually has usually conducted even though several of them conducted without a clear agreement between the rights and obligations of the parties, that when there is damage to the armadas for example if it is not agreed in advance, the parties who will bear the cost of the damage that will refuse the responsibility.Likewise, the method of payment to be clear on how and what if there is a delay or no increase in the price of fuel the vehicle or if there is inflation is going to affect the implementation of on going cooperation agreement. Moreover if all that does not set out clearly and firmly  will lead to problems that will result in performance.
KEBIJAKAN PENANGGULANGAN KEJAHATAN TERHADAP PELAKU KELAINAN SEKSUAL YANG MELAKUKAN PENCABULAN MELALUI REHABILITASI Krismiyarsi, Krismiyarsi
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0058.232-241

Abstract

Criminal acts of sexual abuse under Article 82 of Law Protection of children, also under Article 292 of the Criminal Code, as general criminal law where criminal threats 5 years imprisonment, against the actions of sufficient age, who do obscene acts with other people the same sex, which known or reasonably should be expected, that was not old enough. These acts of abuse against people want castrated using chemicals. This paper provides an alternative in criminal policy for perpetrators of sexual disorder which criminal act of abuse by using medic rehabilitation and social rehabilitation, in Psychiatric Hospital or Psychiatric Therapy, considering the criminal act of abuse committed by perpetrators of sexual disorders like people whose souls disturbed because of illness, so that Article 44 can apply to cases.
KONFIGURASI POLITIK DAN KEBERPIHAKAN REGULASI DAERAH BIDANG HAK EKONOMI, SOSIAL DAN BUDAYA PADA MASYARAKAT MARJINAL DI KALIMANTAN BARAT Satria, Rahmad
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0063.209-324

Abstract

This research aimed to evaluate and describe the political configuration of regional government and alignment of regional regulations which regulate the fulfillment of ecosoc rights of marginalized societies in West Kalimantan. By means of socio-legal approach, this research founds the fact of political configuration of Regional Government of West Kalimantan that is classified as democratic, does not automatically produces some regional regulation which stand up for (responsive) the fulfillment of ecosoc rights of marginalized societies. The Identification of its causes is regulatory problem due to the lack of unity of regulations which are synchronized and consistent, the low perception of both regional government and societies toward the existence of the fulfillment of ecosoc rights and the factor of absence of political will to regulate the regional regulations that based on alignment for marginalized societies. Ideally, the construction of regional regulations is not committed in discriminative and always accommodate the normative basic of human rights.
PENGATURAN DAN PENEGAKAN HUKUM PEMBOIKOTAN DALAM ANTITRUST LAW AMERIKA SERIKAT Anisah, Siti
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Boycott is one of violations in the competition law that eliminating the freedom of parties to enter the market. The aim of it no other than lessened fair competition. Theoretically, the issue related boycott discuss about the approach utilised by the authority to investigate and enforce boycott and its meaning: whether boycott is vertical or horizontal, or both; and what are the criteria of the violations? Given so few references on boycott, this paper attempts to reveal the regulation and the enforcement of it in the United States. It is aimed as reference to regulate and/or to settle the competition law cases of boycott in Indonesia in the future day. The United States does not specifically state boycott in the Antitrust Law. The United States includes boycott as concerted to deal and refuse to deal as ruled in the Section 1 of Sherman Act.
INTERPRETASI BENTUK BADAN USAHA MILIK DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Sri Kusuma Dewi, Amelia; D. Prasetyo, Ngesti
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

This research aimed to analyze about Interpretation Forms village-owned enterprises According to Law No. 6 of 2014 About the Village. To answer the legal issues mentioned above, the type of research conducted by the researchers are using a normative juridical research, by using the approach the statute approach and conceptual approach. From the analysis of Law No. 6 of 2014 About the village and its implementing regulations, it was concluded that the establishment of village-owned enterprises, the Government does not impose the form of a particular enterprise, this is an effort to grow the rural economy naturally through a form of business entity characterized by village, Rule further that in terms of business activities can run and well developed, it was possible at the time village-owned enterprises follow legal entities established in the provisions of the legislation, here the researchers interpret of legislation, that the legal entity in question is Village Public Company. Additionally village-owned enterprises can consist of business units that are legal entities which may be institutions whose business is derived from its ownership village-owned enterprises and communities.
TANGGUNG JAWAB PIDANA NOTARIS DALAM KEDUDUKANNYA SEBAGAI PEJABAT PEMBUAT AKTA Amiruddin, Amiruddin
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0055.190-204

Abstract

Notary is a profession which honors moral values so that every act violating the law conducted by the notaries in performing their duty must be legally liable. In serving their function, it is possible for them to make various kinds of mistake such as administrative error which results in administrative liability, civil fault which causes civil liability, and criminal defect which begets criminal liability. The criminal liability of the notary is based on the criminal law principle geen straf zonder schuld (there is no convict without any offense). If the notaries commit an act against the law and they are able to be responsible for it, either it is done intentionally or unintentionally, they have to receive the legal consequence without any mercy. Therefore, the parameters of the criminal liability are the act against the law and the offense. Those make it possible for the notaries to be condemned. 
REPOSISI POLITIK HUKUM PERJANJIAN INTERNASIONAL DALAM RANGKA MEWUJUDKAN TERTIB HUKUM DI INDONESIA Puspitawati, Dhiana; Kusumaningrum, Adi
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0060.258-273

Abstract

In Indonesia, here is no exact politic and legal system regarding the application of International Treaty within national legal system. Article 11 of Indonesian Constitution 1945 merely envisages the division of authority between President and Parliament in ratifying international treaty, however, such article does not state clearly Indonesia’s legal politics concerning the application of international treaty within national legal system. The lack of clarification on Indonesia’s legal and political system in such area raises problems in the application of international treaty domestically. This research is aimed to:  (1) analyses Indonesia’s legal politic concerning the application of international treaty towards Indonesian Constitution 1945 as well as other legal instruments; (2) analyses legal implications of international treaty upon Indonesia’s national interests and; (3) propose concept on legal politic regarding the application of international treaty in Indonesia. Since legal politic is crucial in supporting which law should be implemented towards state’s national goal, it is important to clarify Indonesia’s legal politic concerning the implementation of international treaty. As stated by Hans Kelsen, that as the application of the rule of law, a state should eliminate existing inconsistency and overlaps of its laws.
PERLINDUNGAN HUKUM BAGI KREDITOR DALAM PENGGUNAAN BASE TRANSCEIFER STATION (BTS) SEBAGAI OBJEK JAMINAN FIDUSIA DALAM PERJANJIAN KREDIT Malikhatun Badriyah, Siti
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0056.205-217

Abstract

The development of telecommunications business major effect on development. However, this requires a relatively large funds , so that the telecommunications service provider is in need of funds from the bank to the credit agreement . Bank has a big risk in lending this , so we need guarantees, one of which fiduciary guarantee with objects Base Transceiver Station . The purpose of this study was to determine and analyze the use of Base Transceiver Station in the credit agreement and what if the debtor defaults. The research  method is a normative juridical. From the results it can be seen that the Base Transceiver Station ( BTS ) is a moving object that can be the object of fiduciary guarantee . If the debtor defaults , BTS can be executed in accordance with the stipulated in Fiduciary Guarantee Act.
KONSEP PENGATURAN PENJAMINAN SIMPANAN NASABAH PADA BANK SYARIAH Wahyu Muhammad, Danang; Yuni Lestari, Ahdiana
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0061.274-293

Abstract

Fund Guarantor Institution (LGI) does not yet have Syariah scheme as a distinguishing feature of Sharia-based society fund guarantee. Meanwhile, the existing Government Regulation, that is PP No. 39 Year 2005 about Bank Customer Fund Guarantee based on Sharia Principles, is very simple so that it is not sufficient and does not cover Islamic Banks. Based on the background, the problem formulation in this research is “What is the concept of customer fund guarantee regulation like in Islamic Banks?” The objective of this research is to make a concept about customer fund guarantee regulation in Islamic Banks.The type of this research is juridical normative that is doctrinal, with law and conceptual approach method. As a doctrinal law research, this research will only review legal materials; primary legal materials, secondary legal materials, and non-legal materials. The analysis of this research uses prescriptive method.The conclusion of the research is that in Banking Operation Principles in Indonesia there are two types of banks; conventional and Islamic bank, where both types use different systems. As a consequence, in principle, the institution that guarantees the customer fund should be distinguished. This is based on some considerations :Islamic Banks proscribes bank interest, because of that they do not use bank interest mechanism in its operation, therefore the institution that guarantees its customer fund should not use bank interest mechanism.In its operational systems, Islamic Banks use covenants that have been determined according to Islamic Fiqh, so the institution that guarantees its customer fund should base its operation system to the covenant that is based on Islamic Fiqh. Islamic Banks are limited by what may be done and what may not be done based on Islamic Fiqh, determination, so the institution that guarantees its customer fund should base its operational on the same determination.Therefore, there will be a consistency between Islamic Banks and the institution that guarantees its customer fund in Islamic Banks which at the end will guarantee protection towards the customers who are willing to perform Islamic religious duty in a good and correct way.

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