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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.
Arjuna Subject : -
Articles 489 Documents
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LEGAL ISSUES RELATED TO THE SHARIAH ADVISORY COUNCIL IN MALAYSIA Mohd Yasin, Norhashimah
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Jurnal Media Hukum

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Abstract

Malaysia has always aspired to be the hub for Islamic banking and finance. Various measures have been, and are being, carried out to promote Malaysia as an international Islamic banking and financial centre. As the backbone for this, the national Shariah Advisory Council (SAC) has been established under the auspices of the Central Bank of Malaysia Act 1958 (CBMA). Under the CBMA, the SAC has been conferred a statutory function as the authority for the ascertainment of Islamic law for the purposes of Islamic banking, as well as business and other types of Islamic financial businesses. In 2009, the CBMA 1958 was replaced and repealed. With the coming into force of the CBMA 2009, the role and functions of the SAC was reinforced and upgraded in terms of appointments of members and, most importantly, that the Shariah rulings pursuant to any reference made to the SAC by the Civil court or arbitrator concerning Shariah matters shall be binding on the Islamic financial institutions as well as on the court and any arbitrator. The issue of whether or not the SAC is the final arbiter on Islamic banking and finance disputes or, in other words, there is no longer a process of judicial review where it involves Shariah matters, will be the highlight of this paper. To what extent does the post CBMA 2009 solve the binding nature of the SAC upon the Civil courts of Malaysia as its rulings and directives are only relevant to ‘Shariah’ issues? What would be the situations if the issues of the Islamic banking and finance cases are deemed not to amount to a ‘Shariah’ issue, but are purely on banking, land matters or contractual interpretations? Has there any actual legal reform been brought about by this amendment or is it merely a cosmetic changes? If the court were to be bound by the SAC rulings, does this not usurp the independence of the judiciary which is the corner stone of the principle of separation of powers between the executive, the legislature and the judiciary?  The above legal issues will be critically explored with the help of cases decided by the Malaysian Civil courts, pre and post CBMA 2009.Keywords: The Shariah Advisory Council, Islamic Banking, Islamic Finance
ASAS-ASAS HUKUM MODERN DALAM HUKUM ISLAM Alim, Muhammad
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The legal principle is important because it is the truth which is used as a base of thinking and reasoning, especially in the law enforcement and implementation. The principle of law is the most important subsystem of one system of law and legal principle. The principle ranks above the rule system. It is not only because the principle of the law is more universal in character, but also because it reflects the values and cultural message which should be embodied in the rule of law. Theprinciple of law may be cited as the basis or reason for the formation of a rule of law or is a ratio legis of legal rule that contains the values, spirit, ideas of social or ethical views to be established. In the view of Islam, as mention in the Quran, Islam is a complete and perfect teachings. Completeness and perfection is spoken by Allah Almighty in the Quran sura Al Maaidah/5: 3. Although the rule of Allah in the teaching of Islam is perfect, the principle of Islamic law which is still considered legal principles derived from western scientific thought.Keywords: Modern Islamic Principles of Law, The legal principle, the law enforcement.
HUBUNGAN HUKUM BANK INDONESIA SEBAGAI BANK SENTRAL DENGAN OTORITAS JASA KEUANGAN (OJK) PASCA PENGALIHAN FUNGSI PENGAWASAN PERBANKAN Zaini, Zulfi Diane
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Dibentuknya Otoritas Jasa Keuangan (OJK) guna mengantisipasi kompleksitas sistem keuangan global dari ancaman krisis. Pembentukan OJK dilandasi motivasi yang baik yaitu untuk meningkatkan kualitas pengawasan lembaga Keuangan secara terintegrasi, antara lain : Lembaga Perbankan, Pasar Modal, Dana Pensiun dan Lembaga Keuangan Non Bank. Kehadiran OJK dalam perkembangan sektor keuangan di Indonesia diharapkan dapat membantu lancarnya kegiatan lembaga-lembaga jasa keuangan, sehingga pengaturan terhadap kegiatan jasa keuangan dapat terlaksana dengan baik, dan pada akhirnya memberikan dampak yang positif bagi perkembangan perekonomian di Indonesia pada umumnya. Sementara Bank Indonesia sebagai Bank Sentral hanya berperan sebagai regulator kebijakan moneter untuk menjaga stabilitas moneter.Permasalahan dalam penelitian ini adalah : Bagaimanakah hubungan hukum antara Otoritas Jasa Keuangan (OJK) dengan Bank Indonesia sebagai Bank Sentral di Indonesia?. Pendekatan penelitian yang digunakan dengan menggunakan pendekatan yuridis normatif dan pendekatan empiris. Selanjutnya data yang digunakan Data Sekunder dan Data Primer, kemudian data tersebut diolah dan dianalisis secara yuridis kualitatif yaitu mendeskripsikan permasalahan berdasarkan penelitian dan pembahasan dalam bentuk penjelasan atau uraian kalimat demi kalimat yang disusun secara sistematis, selanjutnya ditarik kesimpulan secara deduktif untuk menjawab permasalahan penelitian.Kesimpulan penelitian ini adalah berdasarkan ketentuan Pasal 69 ayat (1) huruf (a) UU No. 21 Tahun 2011 menegaskan bahwa tugas Bank Indonesia dalam mengatur dan mengawasi bank yang dialihkan ke OJK adalah tugas pengaturan dan pengawasan yang berkaitan dengan microprudential, sedangkan Bank Indonesia tetap memiliki tugas pengaturan perbankan terkait macroprudential.  Berkaitan dengan hal tersebut, tugas pengaturan perbankan tidak sepenuhnya dilaksanakan secara independen oleh OJK, karena pengaturan microprudential dan macroprudential akan sangat berkaitan.  Kata Kunci : Hubungan Hukum; Bank Indonesia dan Otoritas Jasa Keuangan
PERLINDUNGAN HUKUM BAGI PEMEGANG POLIS DAN/ ATAU PESERTA ASURANSI JIWA DALAM AKAD WAKALAH BIL UJRAH PRODUK UNIT LINK SYARIAH Nugraheni, Destri Budi; Ilhami, Haniah
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Syariah unit link life insurance is Syariah Insuranc’s product  that provide benefits and investment protection by allowing participants to choose the type of investment themselves. This product is abainding by the regulations, including the obligation to implement syriah principle. One form of akad that is used in this product is akad wakalah bil ujrah which authorizes the insurance company to manage the charity fund and investment funds. Legal protection for policyholders and/or participants should be implemented in the insurance policy specifically related to legal protection in the event of a loss in risk management activities and/or investment management activities caused by the willful misconduct, negligence, or breach of contract made by the Company Keywords : wakalah, syariah insurance, legal protection
PENYELESAIAN TANAH KORBAN TSUNAMI YANG TIDAK ADA DAN/ATAU TIDAK DIKETAHUI AHLI WARISNYA Taqwaddin, Taqwaddin; Tripa, Sulaiman; Ansari, Insa; Mansur, Teuku Muttaqin
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Post-tsunami disaster in Aceh, legal issues on land are regulated by the Government Regulation in Lieu of Law Number 2 of 2007, which regulates among others on land that does not exist and/or unknown its owners and their heirs. The land is being taken care as  a religious treasure by Baitul Mal  with an order the Syariyah Court. This study applies juridical normative and sociological normative methods. From the field research it was found that the Government did not have data of lands with unknown owners and their heirs. It was known from decision of the Syariyah Court  of Banda Aceh which revealed that the fact was originated from the construction of the drainage where the land procurement committee did not know where to hand over the land acquisition fund.Key words: tsunami, land, Aceh
COMBATING PIRACY: THE INDONESIAN CASE Ariadno, Melda Kamil
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Jurnal Media Hukum

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Piracy at sea has been a threat to international navigation ever since the sea traverse by ships from west to east and north to south. Threat to international trade has resulted to various efforts in combating piracy regionally as well as internationally. International law has differentiated between piracy and sea-armed robbery, while the first requires regional or international cooperation due to universal jurisdiction, the second will directly fall under the jurisdiction of coastal state. Strait of Malacca has been used by international navigation and very fragile to the threat of piracy or even appropriately called as sea armed robbery since most of the time happened in the part of Indonesian territorial sea. Various efforts to combat piracy have been carried out by Indonesia including to cooperate with Malaysia and Singapore. This article discuss about piracy at sea, its legal definition and effort to combat piracy.Key Words: Piracy, International Law, Universal Jurisdiction
PENETAPAN PERWALIAN BAGI ANAK KORBAN TSUNAMI OLEH MAHKAMAH SYAR’IAH KOTA BANDA ACEH Idami, Zahratul
Jurnal Media Hukum Vol 17, No 2 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Banda Aceh City is in the special condition caused by the tsunami in which some children do not only lose their parents but also siblings, become victims, lose their residence because they were also destroyed by the tsunami, so that they have to live in refugee camps. For these children, guardians are needed to take care of and be responsible for the continuity of the children’s lives in fulfilling their needs. Based on that situation, the problems which arise are, then: How does the implementation of the Custody Establishment for children victims of tsunami by the Sharia Court of Banda Aceh City? What are the obstacles faced in implementing the custody establishment referred to and what are the legal consequences? And what are the efforts made to overcome these obstacles? The data collection in this research is obtained through literature study and field research. The data obtained are analyzed using a qualitative approach and descriptive analysis method. The Custody Establishment is doen through Sharia Court decision based on the petitions which meet the specified requirements. In the implementation of post-tsunami custody establishment, the establishment was decided by a single judge because of the circumstances at the time, but after the situation is better, the judge is, then, the panel of judges. The legal consequences of the establishment are the responsibilities of the guardians to the children and the properties of the children under their custody. The efforts made are settling the custody petition that the court has got using existing facilities, and holding seminars or dialogues that discuss the need for rules regarding the supervision of children and the properties of the children who are under custody.Key words: Sharia Court of Banda Aceh, Victims of Tsunami, Custody Establishment
MAKNA OTONOMI DAERAH DI WILAYAH LAUT BAGI MASYARAKAT PESISIR KOTA SEMARANG Kushandajani, Kushandajani
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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The main problem in this study was how the social significance of the existence of local autonomy regulation through the Law No. 32 of 2004. The specific questions tried to be answered in this study were whether the Law could preserve the social values rooted from the local culture, could increase the participation of the society, and finally could prosper the local society.Law No. 32 of 2004 contains local authority in the sea area which includes two categories, “to receive profit share” and “to have the authority to manage the resources in sea area” as far as 4 miles from coast line for the regions which own the sea. Through the delegation of authority in managing the coastal area, it was expected that the regional governance would develop the coastal society to be more prosper.The local government and the coastal society didn’t realize and couldn’t give an appropriate response to the change design in Law. The application of local autonomy which regulated territorial power division hadn’t yet been meaningful for the coastal society in Semarang City. Society development programs could not increase the participation yet. Meanwhile, economic development hadn’t yet been able to increase the costal society’s prosperity.Keywords: Local autonomy, the coastal society, prosperity.
STATE OBLIGATION ON VIRUS SAMPLE SHARING;FROM COMMON HERITAGE OF MANKIND TO STATE’S SOVEREIGN RIGHT Barizah, Nurul
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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The tradition of free international exchange of viruses have been developed by the World Health Organization (WHO) probably based on the principle of “Common Heritage of Mankind”.  This tradition lead to legal uncertainty and unfairness in the movement of resources among states and provides an opportunity for developed countries to obtain easy access to viruses of developing countries. Then, International Law has introduced a new regime of “State’s Sovereign Right.” This research focuses on whether Member States have an obligation to share pathogen materials, including viruses for preventing global public health emergency, and whether WHO Collaborating Centers has a right to  share viruses to private sectors. It examines the reason why States should apply that principle. This research is normative legal research by using conceptual approach and  statute approach. This research finds that viruses are part of genetic resources under the meaning of CBD Convention. Accordingly, there is no state obligation under International Law to share it. However, if there is an international human rights obligation to share virus, there should also be an international human rights obligation to assure the access of affordability of drugs and vaccines. Thus, each state will have an equal obligation to enhance the global public health.Key Words : Intellectual Property, Virus Sample Sharing, Common Heritage of Mankind, and State’s Sovereign Right
PENEGAKAN HUKUM PENANGANAN GELANDANGAN DAN PENGEMIS MENURUT UNDANG-UNDANG DASAR 1945 DAN HUKUM PIDANA Yusrizal, Yusrizal
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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The criminal law enforcement in handling the vagabonds and the beggars should be in harmony with the higher regulations and with the values of the living law. Moreover, the implementation of article 34 of the 1945 Constitution and the policy if the legal provisions in the law abiding in the society, such as the law of the national social security system and the law of people’s prosperity which can contribute to the abolishment of poverty. The result of the research showed that the functionalization of the criminal law (law enforcement) against the vagabonds and the beggars was not maximal enough because the process of putting the criminal law in to operation was directed to punishment and not to development. Hierarchically, article 504 and article 505 KUHP are not restricted and efficient use of its implementations because they are not contrary with the high regulation. In principle, the vagabonds and the beggars do not violate the law; it can be said that and action cannot be categorized as illegal if there is no illegal intention so that it is true when the action is de-discrimination because no one complains because of their action.Key words: Law Enforcement, Vagabonds, Beggars, 1945 Constitution, Criminal Code

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