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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 5 Documents
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Search results for , issue "Vol 29, No 1: June 2022" : 5 Documents clear
Assessing Indonesia’s Environmental Laws Pertaining to the Abatement of Marine Plastic Pollution: A Euphemism? David Tan
Jurnal Media Hukum Vol 29, No 1: June 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i1.13414

Abstract

The predominance of irresponsible and unsustainable plastic usage in Indonesia poses an urgent and alarming danger to the ecosystem. This paper discussed the legislative and regulatory mechanism in place in Indonesia to manage marine plastic pollution, the limitations and obstacles it faces, and the possibility of remedies being implemented to resolve Indonesia's marine plastic pollution predicament. The ecological approach, sustainable development goals, human right to a healthy environment, and sociopolitical context will all be used to advise this research. The findings demonstrate both top-down and bottom-up initiatives to marine plastic pollution law and regulations are ineffectual. If not adequately regulated, the government, political, and economic structural proclivities would most likely favor economic expansion at the expense of appropriate protection of the environment. Indonesia has to consider not just more comprehensive law and regulation to handle the complex concerns of marine plastic pollution, but it also sought to acknowledge other drivers that hamper the success of efforts to conserve the marine ecosystem. As a result, it is suggested that Indonesia initially focus on short-term measures prior to progressing on to long-term remedies, with effective cohesion across all approaches and collaboration with all involved parties.
Corruption During Non-Natural Disaster: Is Death Penalty Necessary? Faisal Abdaud; Ming-Hsi Sung; Wahyudi Umar
Jurnal Media Hukum Vol 29, No 1: June 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i1.14247

Abstract

Extraordinary measures are needed to combat corruption in Indonesia which has been characterised as an extraordinary crime. This includes the application of death penalty as governed in Section 2 point (2) of the Corruption Eradication Act 1999. This paper intends to analyse the implementation of the aforementioned article on corruption case that occurs during the COVID-19 outbreak. This normative legal research relies on secondary date which are collected from various sources including books, journals, related legislation. The result of the research shows that,  in regard to corruption case, the death penalty is only applicable when the corruption is committed in certain circumstances as intended in Section 2 point (2) of the Corruption Eradication Act 1999  and its amendment. These include the event of state emergency and national natural disaster. By virtue of the principle of legality, death penalty cannot be applied to the corruption cases that occurs during the national non-natural disaster like the Covid-19 pandemic. Reinterpretation of the phrase "certain circumstances" is needed for the sake of promoting justice. They should include national non-natural disasters like the Covid-19 pandemic.
Disaster Mitigation in Coastal Areas: Perspective of the Indonesian Spatial Planning Law Dyah Ayu Widowati
Jurnal Media Hukum Vol 29, No 1: June 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i1.14685

Abstract

This article is a critical analysis on spatial planning with regard to disaster mitigation in coastal areas. The author explores the concepts and regulations of disaster mitigation and spatial planning in Indonesian coastal areas to identify how spatial planning works in terms of disaster mitigation in coastal areas and the roles of stakeholders in disaster mitigation in coastal areas in the context of the spatial planning law. This normative legal research was conducted by examining secondary data from relevant books, journals, and published documents. This study finds out that, first, according to the Spatial Planning Law, Management of Coastal Zone and Small Islands Law, Disaster Management Law, Job Creation Law, and their derivative regulations, there have been regulations mandating spatial planning as a non-structural mitigative measure with regard to disaster management in coastal areas. Second, in terms of spatial planning and disaster mitigation, the government is the dominant stakeholder, while the role of non-government stakeholders is not expressly provided for which may eventually result in "tokenism" participation in disaster mitigation in coastal areas.
Legal Issues Concerning Food Poisoning in Nigeria: The need for Judicial and Statutory Response Paul Atagamen Aidonojie; Esther Chetachukwu Francis
Jurnal Media Hukum Vol 29, No 1: June 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i1.12595

Abstract

Food is essential to man's existence, giving the popular saying that a healthy feeding often determines a healthy living of an individual. However, it has been observed that given the high rate of food insecurity in Nigeria, it has resulted to a high influx of numerous food producers producing substandard products or food that could cause food poisoning. Given this, the study made use of a doctrinal and non-doctrinal method of research method in examining the causes and dangers of food poisoning in Nigeria, how effective statutory laws are, and judicial attitude towards cases of food poisoning. The study adopted an online survey questionnaire distributed to 347 respondents (randomly selected) living in various states in Nigeria. Analytical and descriptive statistics were used to analyze data generated from the online questionnaire. The study, therefore, found that most Nigerians have suffered from food poisoning arising from poor processing, storage, and preservation of harmful substances. It was therefore concluded and recommended that, there is a need for statutory response and judicial activism in curtailing the sale of food that could cause food poisoning. Furthermore, food inspector agencies should often conduct routine inspections of public and private food processing factories or vendors
Equity Interest Scheme in Polymetallic Nodules Deep Seabed Mining: The Positives and Negatives Agustina Merdekawati; I Made Andi Arsana
Jurnal Media Hukum Vol 29, No 1: June 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i1.13770

Abstract

UNCLOS 1982 initially obliged all applicants to submit a reserved area when applying for exploration activities in the Area. Such provisions were derogated when the equity interest scheme was introduced in the exploration regulations for polymetallic sulphides and cobalt-rich ferromanganese crust. The applicant may choose to submit a reserved area or offer an equity interest in a joint venture with the Enterprise. There has been a push to implement the same policy for polymetallic nodule (PMN) explorations. Although this prospect has sparked much support and rejections, there have been no scholarly articles substantiating such alignment's positive and negative impacts. Applying the scheme for all three types of minerals may significantly impact the implementation of the common heritage of mankind principle in the Area. This article normatively assesses the prospect of incorporating the equity interest scheme into the PMN utilization regime to identify its advantages and disadvantages compared to the reserved area scheme. The study found that incorporating the equity interest scheme for PMN would be oriented to optimize the financial benefits. However, it would further compromise the access for developing countries.

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