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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 18 Documents
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Search results for , issue "Volume 27, Number 2, December 2020" : 18 Documents clear
Corruption of the Local Leaders in Indonesia: An Expository Study Hadi, Sadhono; Nurmandi, Achmad; Rahardjo, Trisno; Pribadi, Ulung
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Corruption in Indonesia takes various forms and involves various parties including the local leaders. The aim of this study is to analyze various forms of bribery involving the heads of regencies/Mayors. This study employs qualitative method and focuses on corruption cases in four regencies namely Bangkalan, Karawang, Tegal and Madiun. The research is supported by the Nvivo12 software package that enable researcher to categorize and homogeneous the enormous data. The study found that there are various types of bribery committed by the heads of regencies that include either direct bribery, levies, forced bribery (extortion), or tribute. The type of bribery depends on the specific conditions of each area. The types of corruptions can also be distinguished into hidden and open corruption. Open corruption refers to corruption that involves local governmental units.
The Position of Amicus Curiae under the Indonesian Law of Evidence Aulia, Fadil; Muksin, Muchlas Rastra Samara
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The use of amicus curiae has been common in Indonesia, especially in criminal courts. Although there is no clear regulation on amicus curiae, in practice, it has been submitted more than 24 times to the courts. Even there are some judges who consider amicus curiae in making their decisions. This paper aims to determine and examine the legal standing and the strength of amicus curiae under the Indonesian law of evidence. This normative legal research relies on the secondary data in the form of legal material. It is found that the opinion of an amicus curiae, which is usually submitted to the court in written form, could be used as a documentary evidence as intended in Article 187 of the Criminal Procedure Code. However, it has no binding force. Therefore, the judges are free whether or not to consider the opinion submitted by the amicus curiae.
The Undue Influence Doctrine and Its Function in Consumer Financing Cases Azam, Syaiful; Mulhadi, Mulhadi; Harianto, Dedi
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The practice of freedom of contract in Indonesia is remain imbalance due to unequal position of the parties. This imbalance has been used by companies to take advantages and at the same time harm consumers. This study aims to explain the "undue influence" doctrine in legal practice in Indonesia and its function in emphasizing the importance of the consensual principle in contracts. By using normative juridical approach based on secondary legal materials, statutory, and court decisions, and the data were collected through literature study and analyzed qualitatively. The terminology of undue influence or misbruik van omstandigheden in the Indonesian Civil Code obviously has not been regulated but has the same character as the concept of “defect of the will” as regulated in Article 1321 of the Code. The provision of “defect of the will”  is an integral part of the consensual principle in Article 1320 of the Code. The function of this doctrine limits the application of the absolute principle of freedom of contract and becomes a source of law for judges in resolving contract disputes in court. In the reform of the national contract law, this doctrine should be considered to be included as an important element to complete main aspects of Article 1321 of the Code.
Cyber Terrorism and its Prevention in Indonesia Setiawan, Dian Alan
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Cyber technology gives birth to criminal activities carried out inside the cyberspace which is technically referred to as cybercrimes. Cybercrime appears in various forms including the so-called cyberterrorism.  The purpose of this research is to discuss the development of cyberterrorism and to explore the efforts made by the Government in controlling cyberterrorism in Indonesia. This normative legal research examines the application of the relevant legislation, especially Law No. 19 of 2016 regarding the Amendment to Law No. 11 of 2008 on Information and Electronic Transaction and Law No. 5 Year 2018 regarding the Amendment of the Law No. 15 of 2003 on the Eradication of Crime of Terrorism. It is found that the development of cyberterrorism can be prevented through both technological and legal approach.
The Challenges of Shariah Penal Code and Legal Pluralism in Aceh Razi, Muhammad; Mokhtar, Khairil Azmin
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

An outstanding feature of Aceh Special Region is its autonomy relating to the administration of Islamic Criminal justice system. Undoubtedly this power is one of the key features of the devolution of power to the region. It is a tedious process with numerous challenges and obstacles. The research paper aims to examine whether the prolonged development pertaining to the Islamic Criminal justice system's administration is due to the constitutional and administrative arrangements or actually lies in society. Devolution requires well-structured and systematic planning and execution. It involves various mechanisms and touches many issues. To blame the system for protracted progress is not something unexpected. However, the perception of the public or society of Aceh relating to the Shariah Criminal Justice System also has a significant impact. The research shows that despite the general manifestation of the local population's willingness and support for the system, some issues have emerged. The research reveals that the challenges and obstacles in prolonged development come from both the society and the system. Lack of understanding of the society towards Syariah Penal Code, problems faced by members of the People Representative Council (DPR) Aceh in drafting the Code, and the need to ensure strict compliance of the Code with Syariah are among obstacles faced. The issues and their effect on the implementation and enforcement of Aceh's Syariah Penal Code are scrutinized in the research paper.  This is a qualitative study based on library and internet research. It is also legal research whereby the relevant laws are examined.  The devolution in Aceh is more complicated than in other regions because it is coupled with "dualisme hukum" or legal pluralism within the Indonesian legal system.
Simultaneous Elections in North Aceh Regency: An Islamic Perspective Yahya, Nasrullah Arull
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The 2019 Simultaneous Regional Election has brought about some problems which threaten the quality of local democracy, especially in North Aceh Regency, Indonesia. The research aims at discussing the practice of regional election in North Aceh Regency from Islamic perspective. In Islamic law, the implementation of elections is carried out in accordance with the principles of justice and equal rights. This research is a normative and empirical study, where the research data is obtained through library research and interviews with informants. While the data analysis used is descriptive analysis. The results show that the problems in the implementation of the 2019 simultaneous elections in North Aceh Regency according to Islamic law were; first, there is a question on neutrality of the Election Commission officers in carrying out its duties and functions, such as taking sides to certain candidates or parties by way of inflating votes. This is contrary to the principles of Islamic law, namely the principles of justice and equal rights; Second, the weakness of human resources in operating computers for inputting voter data and election result data. In Islamic law, the lack of qualified human resources has an impact on the inability to account for the mandate as caliph; and third, the inadequate facilities and infrastructure, both for offices (workspaces, desks, computers, and other supporting equipment) and non-available official vehicles. This situation is contrary to objective of Islamic law, namely maqashid sharia, such as essential element of life (dharuri), complementary element of life (haji) and accessories of life (tahsini) needs.
A New Industry and Tax Base on Taxing Esports in Indonesia Sung, Ming-Hsi; Umar, Wahyudi
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Unlike traditional sports that relies on traditional television broadcasting, esports usually adopts live streaming on internet platforms, such as YouTube, as its medium.  Through a delicate design of profit sharing, live esports streaming and media have greatly changed the video game industry from sheer family entertainment machine makers into a new frontier of money making sport, and therefore the game players into a profession that may make billion dollars annually. This paper intends to introduce the current situation of esports in Indonesia, asserting the potential to collect tax from live game streamers (Content Creators) and YouTube (Platform), and players from this newly developed sports industry to broaden the tax base in Indonesia.  This research is a normative legal research. Data collected from books, journals, relevant laws and regulations. The results show that the government should either revise the current tax law and legal design that are obvious out-of-dated and dysfunctional or follow developed countries to have law specifically designed for taxing esports industry and e-economy.
Copyright Infringement on Parody Video: A Legal Perspective Sahar, Nur Persmawati
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200149

Abstract

The study aims to find out and analyze copyright infringement related to making parody videos with cinematographic work content. The researcher analyzed one of the parody videos made by Shopee as advertising content. The parody video made came from one of the cinematographic works, namely Dilan 1991. The research method used was normative juridical. The approach used is the statutory approach and conceptual approach. The author examined that in Shopee ads, the making of the Dilon 2019 parody video satisfies the provision of Article 5 of Law Number 28 of 2014 on Copyright. Two rights are retained by a creator or copyright holder, namely moral rights and economic rights. Article 5 of the Copyright Act governs the moral interests of the author and copyright holder.The study indicates that the 2019 Dilon parody video made by Shopee as advertising content is a form of copyright infringement and is not included in fair use. That is because the parody video making violates the moral rights and economic rights of the creators of cinematography Dilan 1991.
Green Victimology Perspective the Law Number 32 of 2009 on Environmental Protection and Management Angkasa, Angkasa
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200153

Abstract

Green victimology refers to the study of victimology that focuses on  victims of environmental harm. The object of this new study cannot be separated from the philosophical values that underlie the growth of green victimology. Through literature research based on secondary data, this research focuses on two studies. The first is about the philosophical foundations of green victimology and the second is about the perspective of green victimology in the Law Number 32 og 2009 on Environmental Protection and Management. Based on the results of the research, it can be stated that the foundation of green victimology ecocentrism which sees that the environmental entities have intrinsic value in virtue of their own interests apart from its instrumental or utilitarian value for humans. This is different from the values underlying the previous victimological study that was based on anthropocentrism. Ecocentrism has been adopted in the Law Number 32 of 2009 on Environmental Protection and Management.
The Position of Amicus Curiae under the Indonesian Law of Evidence Fadil Aulia; Muchlas Rastra Samara Muksin
Jurnal Media Hukum Volume 27, Number 2, December 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20201152

Abstract

The use of amicus curiae has been common in Indonesia, especially in criminal courts. Although there is no clear regulation on amicus curiae, in practice, it has been submitted more than 24 times to the courts. Even there are some judges who consider amicus curiae in making their decisions. This paper aims to determine and examine the legal standing and the strength of amicus curiae under the Indonesian law of evidence. This normative legal research relies on the secondary data in the form of legal material. It is found that the opinion of an amicus curiae, which is usually submitted to the court in written form, could be used as a documentary evidence as intended in Article 187 of the Criminal Procedure Code. However, it has no binding force. Therefore, the judges are free whether or not to consider the opinion submitted by the amicus curiae.

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