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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 19 Documents
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Search results for , issue "Volume 27, Number 1, June 2020" : 19 Documents clear
Policies on Regulatory Reform in Indonesia: Some Proposals Chandranegara, Ibnu Sina; Ali, Muhammad
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200142

Abstract

After the reformation, the number of laws and regulations has continued to increase. In the period 2000-2017, there were 35,901 regulations have been issued. The highest number is Regional Regulations, which are as many as 14,225 Regional Regulations, followed by a Ministerial Regulation at 11,873. In the third place, there were 3,163 regulations from non-ministerial institutions. This study has main objectives of finding policy choices in an effort to simplify and identify regulations as an agenda for legal reform. This research is a normative juridical research. The data used are secondary data, which includes primary and secondary legal materials, in the form of relevant legislation, as examples of regulations that are out of sync, incoherent, and potentially overlapping. This study concluded that the regulatory reform agenda can be carried out by three means, i.e. (1) Regulatory simplification (2) Reconceptualization of understanding regulatory needs and (3) synergies between regulators. There must be also some reformation between actual practice and long term frameworks on regulation making process and regulation itself. That is because effective regulation is not just predicated on technical information-capturing capabilities (and the experience) of the regulator.
Urgency of Legal Indigenous Communities' Position in Indonesian Constitutional System Jaja Ahmad Jayus
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200144

Abstract

Customary law community or Masyarakat Hukum Adat (MHA) in Indonesia has their own uniqueness and peculiarity in establishing relationships with the people and the surrounding environment. Along with the development of the era, the MHA experienced the complexity of the conflict of interest on the land tenure for business purposes or Hak Guna Usaha in the civil sphere, as well as conflicts within the scope of criminal law. The research analyzes legal indigenous communities’ position in the protection of normative law. The method used is normative or doctrinal law research that leans to a qualitative (non-numeric) based on secondary data which is analyzed qualitatively. Recognition and protection of the MHA in Indonesia is experiencing an uneasy phase. Since the independence of Indonesia the existence of MHA has only received adequate portions in the era of reformation with the Amendment of the Constitution 1945, enshrined in the Article 18b Paragraph 2 and Article 28i Paragraph 3, eight laws, and at least 22 (twenty two) regulations of the region either in the province, or regency/city, or decree of the local head of the area that recognizes the existence of the Communities. Nevertheless, the upper position of the MHA is felt not to provide maximum assurance and protection forthe Communities. The Indonesian House of Representatives (DPR) through the right of initiative encourages the draft law on MHA which currently becomes a national legislation program and become a priority in 2020 in providing recognition, protection, and empowerment of MHA. With the initiatives of the Bill, it is expected that the problems experienced by indigenous peoples are reduced drastically.
Incorporating Psychological Approach in Nurturing the Inmates: Solution for Better Correctional System Rina Rohayu H; Absori Absori; Natangsa Surbakti
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200139

Abstract

Correctional facility has duty and strategic function in implementing the imprisonment and nurturing the inmates. The existing regulations are unble to solve the problems within the correctional system. The purpose of this study is to find out better solution with regard to the nurturing process of the inmates. This study employs doctrinal or normative approach. It is found that many inmates involve in criminal activities during the nurturing process. Furthermore, the inmates often become recidivists either by repeating the previous crime or conducting the new one. These facts show that the application of the existing regulations fail to change the inmates’ behavior. Self-conscience of the inmates is a determinant factor and therefore, psychological approach needs to be incorporated in the nurturing process. This can be done especially by providing psychotherapy for the inmates
Comercialization of Airnav Indonesia as Air Navigation Provider: Is it beneficial? Feri Wirsamulia
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200147

Abstract

The aim of the research is to analyse whether commercialization air navigation service and how Airnav Indonesia as a provider may have a benefit from it. This normative legal research uses statutory approach. The results of research show that following the transfer of authority and responsibility from PT. Angkasa Pura I and PT. Angkasa Pura II as the air navigation service provider in January 2013, the air navigation service in Indonesia entered into a new chapter which is monopolized by one company, that is “Lembaga Penyelenggara Pelayanan Navigasi Penerbangan Indonesia” (LPPNPI) or “Airnav Indonesia”. By the Governmental Decree No. 77 of 2012, Airnav Indonesia was established to provide air navigation service in order to secure the aviation safety and air traffic over the Indonesia territory. Generally, air navigation service is treated as public service in many countries, however, the idea to commercialize the air navigation service has been applied in some countries. The Government should consider altering Airnav Indonesia from a public service company to be a commercial business company which may contribute to the Government’s income. Commercialization of the air navigation service will provide a mutual benefit not only among stakeholders in the aviation industry, but also for aviation safety. Eventually, the Airnav Indonesia as the sole air navigation service provider in Indonesia could be a profit centre institution instead of merely a public service company.
Patent Law and Its Enforcement in Indonesia, Japan and the USA Endang Purwaningsih
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200138

Abstract

The fundamental issues in the era of industrialization is the protection of patent rights and the enforcement of the patent law. In Indonesia, Intellectual Property Rights (IPR) including patent tend to be violated with regard to foreign investment and transfer of technology issue. Therefore, as a member of the WTO, it is necessary for Indonesia to learn from  other countries such as Japan and the United States of America, especially in terms of regulations. The purpose of this study is to find out the fundamental differences among Indonesia, Japan and America regarding the protection of patent rights and the enforcement of patent law. This research is a normative legal research. Data is collected from books, international journals, relevant laws and government regulations. The results show that the scope of patent protection in Japan, the United States and Indonesia has so far followed TRIPs and WTO provisions. Basically, Indonesia, Japan, and America have the same acquisition system, namely “first to file”. Historically before 2013 America has ever used “first to invent” system. Coverage of protection remains the same in the fields of technology and industry, but Japan extends the scope of patents to cover those produced by the employees and Indonesia also adopts this  model. In term of enforcement, Indonesian patent law also develops  a new appeal commission to settle patent disputes.
Legal and Institutional Framework on Counter-Terrorism in Indonesia Sri Suatmiati; Edy Kastro
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200143

Abstract

The current legal basis for combating terrorism in Indonesia is The Government Regulations in Lieu of Statute (Perpu) No. 1 of 2002 on the Eradication of Terrorism. The fight against terrorism involves various institutions including national police, national army, and civil society. With regard to this, special unit has been established to deal with terrorism by national police and national army as well. This paper aims at elaborating the legal and institutional framework for combating terrorism in Indonesia and the possible way to improve it. This normative legal research employs statutory approach. It is found that basically the existing law has been strong enough. However, the eradication of terrorism would be more effective if Indonesia adopt preventive detention clause as governed under the Internal Security Act (ISA) in Singapore and Malaysia. This clause allows the authority to detain the suspect without legal process when his action is considered as the threat of national security.
Building Quality of Democracy and Democratization of Political Party’s Leader Election Sulardi Sulardi
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200140

Abstract

Political parties are crucial assets of democracy. Political parties have strategic functions and roles in building democracy of a country. To create democracy and democratization, thus, the first subject who must practice democratization should be the political parties themselves.  Until today, Indonesia is still in the process of seeking and progressing towards the ideal form of democratic living (democratization), as envisioned in the constitution. Surely, “the process of democratization” must be done in all aspects. Democratization in political parties has not been built well, as there are still some political parties whose election of leaders are still influenced by the parties’ founder and family ties. Building quality of democracy may be initiated by the democratization of political parties, in this case through making better the election mechanism of the leader of the political party. This election process may be done democratically if: there are regulations which have been prepared from the beginning which guarantees the democratic changing process of the political party’s leader. There should be no “familial” characteristics in the political parties which will actually create political party dynasties. There should also be a clear limitations regarding the head of the political parties’ term of office and a more transparent and accountable election of political party’s election of leader.  
The Use of Per Se Illegal Approach in Proving the Price-Fixing Agreements in Indonesia Siti Anisah
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200145

Abstract

The Indonesia Competition Commission (the ICC) often faces difficulties to find evidence in the form of agreement made by business actors in determining prices. The agreement is the main element to prove the price-fixing which is prohibited under Article 5 of Law No. 5 of 1999. The legal issue discussed in this research is whether the use of per se illegal approach in proving the price-fixing agreement requires direct evidence or it is sufficient with an indirect evidence. This normative study found that the competition authorities still impose sanctions to business actors even though the (legitimate) agreement does not exist. The examination requires an in-depth understanding of economic theories and should prioritize the principle of prudence due to its vulnerability to manipulation. The analysis of Decision No. 08/KPPU-I/2014 and 04/KPPU-I/2016 found that the ICC proved the price-fixing case using indirect evidence and included an analysis of the impact on competition. Both cases indicate that the ICC applied the rule of reason approach because of the difficulties in finding the evidence of the agreement. On the other hand, the ICC applied per se illegal approach in the Decision No. 10/KPPU-L/2009 and 14/KPPU-I/2014 due to the existence of direct evidence.
Editorial Foreword admin jmh
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v27i1.15765

Abstract

Editorial Foreword

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