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[ASPEK HUKUM PENGADAAN BARANG DAN JASA PEMERINTAH, SUATU TINJAUAN YURIDIS PERATURAN PENGADAAN BARANG DAN JASA PEMERINTAH ]]>
<![CDATA[Darwin Pane, Musa]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0090.147-155
<![CDATA[Procurement of goods and services for the benefit of the government is one tool to drive the wheels of the economy, in order to improve the national economy to the welfare of Indonesian life, for the procurement of goods and services, especially in the public sector is closely linked to the use of the state budget. Through normative juridical research, this study found the legal aspects of government procurement of goods and services, especially in terms of a review of the juridical rules of government procurement. Arrangements regarding the procedures for the procurement of government goods and services in Presidential Decree No. 54 Year 2010 jouncto Presidential Decree No. 70 The year 2012 is expected to increase conducive investment climate, efficiency of public spending, and accelerating the implementation of APBN/APBD. Government procurement of goods and services currently on aspects of administrative law, civil law and criminal law. In the procurement of goods and services should apply the general principles, good principles that have long been known in state financial management, such as the principle annual, the principle of universality, the principle of unity, and the principle of specialty as well as the principles of the new as reflecting best practices (application of the rules good) in the management of state finances.]]>
<![CDATA[MEDIASI SEBAGAI PENGUATAN KEARIFAN LOKAL BANYUMAS DALAM PENYELESAIAN PERKARA PIDANA ]]>
<![CDATA[Taufiq, Muhammad]]>;
<![CDATA[Sarsiti, Sarsiti]]>;
<![CDATA[Widyaningsih, Rindha]]>;
<![CDATA[Hendriana, Rani]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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<![CDATA[This  study is discussed about the mediation mechanism based on the local wisdom in Banyumas and factors inhibiting in the implementation. This study used a qualitative sociological juridical approach. The results showed that the mechanism for the resolution of criminal cases through mediation based on the value of local wisdom in Banyumas can be done outside and within the criminal justice, while still empowering the use of social network mediator. The mediation mechanism outside the criminal justice is done when the criminal case has not been reported or filed to the police, while the mechanism in the criminal court is done when a criminal case has been reported or filed with the police, and each of these mechanism has a sequence of stages. Meanwhile, the voluntary mediation became the first and man choices of Banyumas people. Inhibiting factors in the implementation of the mediation is primarily related to substantial and cultural components.]]>
<![CDATA[PIDANA KERJA SOSIAL DAN RESTITUSI SEBAGAI ALTERNATIF PIDANA PENJARA DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA ]]>
<![CDATA[Wibawa, Iskandar]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0086.105-114
<![CDATA[Imprisonment is the criminal delict who always threatened on every offences crime althought criticized  various circles due to ineffectiveness realize the purpose of punisment, namely the social defence and fostering offender. This led to the emergence of anternatives on imprisonment in the hope purpose of punishment can be realized. The Tokyo Rules is set to 14 Desember 1990 recommending the counties in the world in order to enter the alternatives of imprisonment in a code penal include a community service order and restitution. A community service order is intended to make offenders be chastened and shammed so as not to repeat the crime (offender oriented), while restitution in the form of payments for losses incurred due to the act the offender to the victim, as an expression of remorse is expected to eliminate the conflict between the offender and the victim (victim oriented). Thus, the purposee of punishment is expected to be realized.]]>
<![CDATA[ANALISIS FATWA DEWAN SYARIAH NASIONAL TENTANG WAKALAH, HAWALAH, DAN KAFALAH DALAM KEGIATAN JASA PERUSAHAAN PEMBIAYAAN SYARIAH ]]>
<![CDATA[Nugraheni, Destri Budi]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0088.124-136
<![CDATA[The objective of this research is to analyze the Fatwa of Dewan Syariah nasional (Syariah National Board) concerning Wakalah, Hawalah, and Kafalah so that whether it can be applied in the activities of islamic finance company. This is a juridical normative research and focused on analyzing secondary data, specifically in 2 (two) types of Legal material, Primary and Secondary Legal Matrerials. Furthermore, all data will be analyzed and presented descriptevely. This research shows that, regarding Wakalah, the Fatwa about Wakalah and Wakalah bil Ujrah are in conformity with activities by Islamic Finance Company Service. Wakalah was used as Complementary Agreement in Murabahah Financing with Islamic Finance Company as Principal. In the other side, Fatwa concering Wakalah bil Ujrah used when Islamic Finance Company take a position as Grantee. Even though Financial Service Authority’s Regulation specify that service activities may use Hawalah and Kafalah Agreement, but based on this research’s analysis about Fatwa and Fikih, only Hawalah bil Ujrah and Kafalah bil Ujrah that may be used by Islamic Finance Company.]]>
<![CDATA[PERJANJIAN PENGADAAN TANAH KAS DESA SEBAGAI LAHAN KAWASAN INDUSTRI DI DAERAH ISTIMEWA YOGYAKARTA ]]>
<![CDATA[Anggriani, Reni]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0093.172-180
<![CDATA[Special Region of Yogyakarta wants to increase the investment, there are some method that is quite effective in investor, one of them is by developing industrial area. Government Regulation Number 24 of 2009 concerning on Industrial Area explained that industrial area is where the central of Industrial activity that equipped with facilities and infrastructures supported and managed by industrial estate Company which already have Industrial Business License. With that fact, the researcher interest to research on industrial area. Most of the land in Yogyakarta is Sultan Ground and land of village cash, so to organize the investment program, a model of agreement is needed that can guarantee the parties in developing the investment, especially in the Special Region of Yogyakarta. The Methods of this research is literature Legal approach that examines legal materials and other legal materials, with the aim of the existence of guidelines or regulations concerning the procurement of land for industrial area which is Sultan Ground or land of village cash.]]>
<![CDATA[KONSEP DIVERSI TERHADAP ANAK PENYANDANG DISABILITAS SEBAGAI PELAKU TINDAK PIDANA DALAM SISTEM PERADILAN PIDANA ANAK ]]>
<![CDATA[Raharjo, Trisno]]>;
<![CDATA[Astuti, Laras]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0094.181-192
<![CDATA[This study aims to determine the concept of diversion in the criminal justice system of children for children with disabilities as perpetrators of criminal acts. The pattern of life in a society that is influenced by the development of information technology makes it easier for crime to reach children, as a person who is still vulnerable to committing a crime, including for certain children with disabilities. Children as perpetrators of criminal acts will go through stages in the criminal justice system of children. Diversion is one of the hallmarks of the criminal justice system. Thus, the researcher wants to know the concept of diversion in the settlement of crime committed by the child as a person with disability. This research is a doctrinal normative legal research with conceptual approach and approach of law. Normative legal research based on secondary legal material as a study material to look for principles, doctrines and sources of law in the philosophical, sociological and juridical sense. This study will analyze some cases in several District Courts in Yogyakarta Special Region. The research result’s is found some arrangement of criminal law to children with disability. The concept of diversion against children with disabilities as perpetrators of criminal offenses can not be implemented based on the results of judicial review of the verdicts on divrsion in the criminal justice system]]>
<![CDATA[MAKNA PRINSIP KEHATI-HATIAN DALAM PERATURAN DAERAH RENCANA TATA RUANG WILAYAH BERBASIS KEBERLANJUTAN LINGKUNGAN HIDUP DI PROVINSI MALUKU ]]>
<![CDATA[Angga, La Ode]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0091.156-163
<![CDATA[Precautionary Principles in the protection and environmental management in the field of RTRW in Maluku Province on Regional Regulation No. 16 of 2013 on RTRW is a law regulating the livelihood of Maluku people in the field of spatial plan which aims to create a spatial that can give birth to the welfare of the community in the spatial area. In order to minimize the occurrence of conflicts or disputes that occur in the field of arrangement space in Maluku Province. Welfare State Theory of the provincial government should take a role in the formation of the RTRW law. Provincial RTRW of Maluku Law does not mention the Precautionary Principles because: a. Philosophical Aspects, Perda RTRW No. 16 of 2013 does not inspire or reflect Article 2f of UUPPLH-2009 and Article 55-59 of UUPR as the higher Law in Spatial Planning in Indonesia; b. Juridical Aspects The existence of the synchronization of laws and regulations, particularly the Regional Regulation on RTRW of Maluku Province No. 16 of  2013-2033 with UUPPLH-2009 where in the RTRW regulation there is no Precautionary Principles regulation, whereas in UUPPLH-2009 itself has set clear and precise regulation of prudential principles Article 2f and Article 44; c. Political Aspects The existence of unclear orientation of political vision for the forming of Perda RTRW No. 16 of 2013, on the other hand the Provincial RTRW Law of Maluku based on environmental sustainability but there is no Precautionary  Principles regulation.]]>
<![CDATA[KARAKTERISTIK PENYELESAIAN TINDAK PIDANA SECARA INFORMAL MELALUI PERADILAN ADAT ]]>
<![CDATA[Fitriati, Fitriati]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0092.164-171
<![CDATA[The legal inquiry is not just a matter of legal institutions and state organs, but also concerning the pursuit of justice that are informal. One of the problems of existing laws are criminal cases. Many criminal cases in village government were resolved through informal channels through a variety of methods are applied to each of the area. The process of settlement of criminal acts through the informal channels is a form of local wisdom in the law enforcement process. The research objective is to analyze the effectiveness of the settlement of criminal cases informally through customary justice. This study is a socio legal research. According to the research found that this form of criminal offense informal settlement is through village meetings, traditional justice, customary pemufakatan, direct action by the community for the provision of social sanction. Customary justice here is not justice terlembgaa as was common in formal law. The reason why the track in formal been is because it is considered more effective and efficient in terms of time, procedures and costs.]]>
<![CDATA[PELAPORAN PROGRAM KEMITRAAN DAN BINA LINGKUNGAN SERTA CORPORATE SOCIAL RESPONSIBILITY BADAN USAHA MILIK NEGARA ]]>
<![CDATA[Fajar, Mukti]]>;
<![CDATA[Budi Setyaningrum, Reni]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0095.193-206
<![CDATA[Act number 13 of 2003 on State Owned Enterprise obligate State Owned Enterprise to pay attention on social issues through Partnership and Community Development Program (PKBL). Meanwhile Act number 40 of 2007 on the Limited Liability Company instruct Limited Liability Company to implement Social and Environmental Responsibility which often called as Corporate Social Responsibility (CSR). These two programs are practically have almost the same form, thus assign a double burden for SOEs on its implementation. This study aims  are to find out the mechanism of implementation and reporting of PKBL and CSR from SOEs which are both regulated in different legal regimes. This research is conducted normatively by reviewing various rules and legal documents and empirically by assessing various implementation of PKBL and CSR by SOEs. The result of this study indicate that SOEs must perform PKBL if they have profits, while SOEs related to natural resources industry have to implement CSR which obtained from company’s budget. Both programs are implemented in the same form in providing social assistance and community business. The CSR report is only reported in the Company's annual report to be accounted in front of General Meeting of Shareholders. While the aims of Partnership and Community Development Program financial reporting is to provide information on financial position, activity and cash flow statement and records, for stakeholder’s decision making.]]>
<![CDATA[UPICC SEBAGAI MODEL BAGI PEMBARUAN HUKUM KONTRAK INDONESIA DALAM RANGKA MENGANTISIPASI BERLAKUNYA MASYARAKAT EKONOMI ASEAN TAHUN 2015 ]]>
<![CDATA[Mandala, Subianta]]>
<![CDATA[ Jurnal Media Hukum Vol 24, No 2 (2017): December ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.2017.0085.96-104
<![CDATA[The current Indonesian contract law which is inherited from then Dutch colonial is no longger compatible with the the rapid development of international trade and business practice. Indonesia, therefore for quite long time, has made an effort to reform its contract law. However, those efforts are not successful so far. The entry into force of the ASEAN Economic Community in 2015 is a good momentum for Indonesia to revisit the idea of the reform. This research tried to find out the most possible approach for the reform. The research applied normative juridical method with futuristic approach. In conclusion, UPICC as an international instrument may well serve as model for the new Indonesian contract law. With its soft law character, UPICC may flexibly be adjusted in order not to prejudice the fundamental principles of Pancasila.]]>
