Hilman Syahrial Haq, N. Nasri, Khudzaifah Dimyati, Absori Absori
Mediation is applicable for various disputes within the society, including family dispute. Such a method is commonly referred to as community mediation. This paper discusses the application of community mediation for resolving merarik marriage dispute in Sasak Community, Lombok. This socio-legal research conducted through both library-based study and field work. Interview and non-participatory observation have been conducted in several locations including Sesait Village, Mambalan Village and Rambitan Village. It is found that community mediation should be institutionalized in order to improve its effectiveness. The institutionalization of community mediation can be made by integrating it into the national justice system. It is expected that community mediation can be an alternative mechanism to the court system especially in handling merarik marriage disputes.
{"title":"The Institutionalization of Community Mediation for Resolving Merarik Marriage Disputes in Sasak Community","authors":"Hilman Syahrial Haq, N. Nasri, Khudzaifah Dimyati, Absori Absori","doi":"10.18196/JMH.20190118","DOIUrl":"https://doi.org/10.18196/JMH.20190118","url":null,"abstract":"Mediation is applicable for various disputes within the society, including family dispute. Such a method is commonly referred to as community mediation. This paper discusses the application of community mediation for resolving merarik marriage dispute in Sasak Community, Lombok. This socio-legal research conducted through both library-based study and field work. Interview and non-participatory observation have been conducted in several locations including Sesait Village, Mambalan Village and Rambitan Village. It is found that community mediation should be institutionalized in order to improve its effectiveness. The institutionalization of community mediation can be made by integrating it into the national justice system. It is expected that community mediation can be an alternative mechanism to the court system especially in handling merarik marriage disputes.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67551654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The lack of control from the authority has opened the opportunity for the prisoners to do transaction of narcotis in the prison. Circulation of narcotics in the prisons involves complex networks. This paper aims to explore the policies made to prevent narcotics circulation in Cirebon Detention Center. The research was carried out through both library-based study and field work. It is found that the legal system needs to be improved in order to address the problems of narcotics circulation in detention center. The improvement is necessary to all aspect of legal system that is legal substance, legal structure, and legal culture.
{"title":"Prevention Policy in Controlling Narcotics Circulation in Cirebon Detention Center","authors":"Suwirno Suwirno","doi":"10.18196/JMH.20190125","DOIUrl":"https://doi.org/10.18196/JMH.20190125","url":null,"abstract":"The lack of control from the authority has opened the opportunity for the prisoners to do transaction of narcotis in the prison. Circulation of narcotics in the prisons involves complex networks. This paper aims to explore the policies made to prevent narcotics circulation in Cirebon Detention Center. The research was carried out through both library-based study and field work. It is found that the legal system needs to be improved in order to address the problems of narcotics circulation in detention center. The improvement is necessary to all aspect of legal system that is legal substance, legal structure, and legal culture.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45714326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Information delivered by the medical professionals to the patients in their initial communication is crucial in establishing the therapeutic contract (transaction). Based on that information, the patient will decide whether to accept or to refuse the proposed medical treatment. This paper discusses the philosophical basis of the Informed Consent, Informed Refusal and the documentation of medical information into Medical Record. This normative legal research is carried out by library-based study on primary and secondary legal materials. Besides descriptive-analytical approach, the study also employs comparative approach. The comparison is made between continental legal system, common law system, and the Islamic legal system. It is found that philosophical basis of informed consent, informed refusal and documentation of medical information into medical record is basically to protect the patients’ dignity and to maintain their trust and cooperation. Furthermore, from the Islamic perspective the establishment of informed consent is to respect the privacy to blood, property, and family. In addition, the documentation of medical information into the medical record is to give legal protection in the form of strong evidence both for the health providers and health receivers in the event of a medical dispute.
{"title":"Philosophical Basis of Informed Consent, Informed Refusal and Documentation of Medical Information into Medical Record","authors":"Ismijatie Jenie, Ahdiana Yuni Lestari","doi":"10.18196/JMH.20190123","DOIUrl":"https://doi.org/10.18196/JMH.20190123","url":null,"abstract":"Information delivered by the medical professionals to the patients in their initial communication is crucial in establishing the therapeutic contract (transaction). Based on that information, the patient will decide whether to accept or to refuse the proposed medical treatment. This paper discusses the philosophical basis of the Informed Consent, Informed Refusal and the documentation of medical information into Medical Record. This normative legal research is carried out by library-based study on primary and secondary legal materials. Besides descriptive-analytical approach, the study also employs comparative approach. The comparison is made between continental legal system, common law system, and the Islamic legal system. It is found that philosophical basis of informed consent, informed refusal and documentation of medical information into medical record is basically to protect the patients’ dignity and to maintain their trust and cooperation. Furthermore, from the Islamic perspective the establishment of informed consent is to respect the privacy to blood, property, and family. In addition, the documentation of medical information into the medical record is to give legal protection in the form of strong evidence both for the health providers and health receivers in the event of a medical dispute.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42122330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Sexual violence (rape) especially committed by boyfriend has been growing rapidly these days. However, the Penal Code cannot be dealt with this issue. In such a case, the sexual intercourse is usually conducted without violence or under threat of violence, but rather based on consent (love). Penal reform should address this issue to accord with the current global development. This paper describes the comparison between the Indonesian Penal Code and the Malaysian Penal Code in regulating rape. The result shows that the formulation of rape in Malaysian Penal Code is broader than its Indonesian counterpart. Under the Malaysian Penal Code, rape is punishable whether it is conducted with or without consent. It seems that the penal reform in Indonesia should adopt the Malaysian approach in order to provide better protection for women from sexual violence. This is also in line with the Beijing Declaration 1993 and the development of the issues in other countries.
{"title":"Sexual Violence in Indonesia and Malaysia: A Comparative Study","authors":"K. Kuswardani","doi":"10.18196/JMH.20190122","DOIUrl":"https://doi.org/10.18196/JMH.20190122","url":null,"abstract":"Sexual violence (rape) especially committed by boyfriend has been growing rapidly these days. However, the Penal Code cannot be dealt with this issue. In such a case, the sexual intercourse is usually conducted without violence or under threat of violence, but rather based on consent (love). Penal reform should address this issue to accord with the current global development. This paper describes the comparison between the Indonesian Penal Code and the Malaysian Penal Code in regulating rape. The result shows that the formulation of rape in Malaysian Penal Code is broader than its Indonesian counterpart. Under the Malaysian Penal Code, rape is punishable whether it is conducted with or without consent. It seems that the penal reform in Indonesia should adopt the Malaysian approach in order to provide better protection for women from sexual violence. This is also in line with the Beijing Declaration 1993 and the development of the issues in other countries.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45861506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the saving products in Islamic banks is mudharabah. In the practice of mudharabah saving, there are Islamic banks charge an administrative fee and some do not. The research aims to clarify the fiqh basis of the charge of administrative fees to Shahibul Maal by mudharib in mudharabah saving. This normative research used secondary data consisting of primary, secondary, and tertiary legal materials. It is found that the charge of administrative fee by mudharib to Shahibul Maal on mudharabah saving does not have a clear foundation in fiqh. Based on the Fatwa of the National Sharia Board (DSN), the operational cost of mudharabah savings is the responsibility of the Mudharib and not the Shahibul Maal, since the Shahibul Maal has provided the fund. Mudharib can charge for the operational cost only if there is an agreement with the Shahibul Maal.
{"title":"The Charging of Administrative Fee for Customers of Mudharabah Saving Depositors","authors":"Danang Wahyu Muhammad, M. Mustika","doi":"10.18196/JMH.20190126","DOIUrl":"https://doi.org/10.18196/JMH.20190126","url":null,"abstract":"One of the saving products in Islamic banks is mudharabah. In the practice of mudharabah saving, there are Islamic banks charge an administrative fee and some do not. The research aims to clarify the fiqh basis of the charge of administrative fees to Shahibul Maal by mudharib in mudharabah saving. This normative research used secondary data consisting of primary, secondary, and tertiary legal materials. It is found that the charge of administrative fee by mudharib to Shahibul Maal on mudharabah saving does not have a clear foundation in fiqh. Based on the Fatwa of the National Sharia Board (DSN), the operational cost of mudharabah savings is the responsibility of the Mudharib and not the Shahibul Maal, since the Shahibul Maal has provided the fund. Mudharib can charge for the operational cost only if there is an agreement with the Shahibul Maal.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48461422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Joint land ownership has been in existence for long time in Indonesia, especially in Java. Such a unique ownership system has inherent problem, namely potential conflict among the factual owners. This article aims to analyze the philosophical background of joint land ownership and its legal problems. This normative legal research was conducted through library-based study. It is found that there are three contributing factors that created the joint land ownership system. These include historical factors, philosophical factors, and the change of land economic value. In the past, joint land ownership system was introduced by the head village (bekel) to alleviate the burden of the tax payment. The philosophy of joint land ownership system refers to the philosophy of farmer life that can be identified from several values such as mutual trust and honesty in the spirit of kinship/togetherness.
{"title":"Juridical and Philosophical Aspects of Joint Land (Gandhok/Gamblok) Ownership System: Adat Land Law Perspective","authors":"Sulastriyono Sulastriyono","doi":"10.18196/JMH.20190120","DOIUrl":"https://doi.org/10.18196/JMH.20190120","url":null,"abstract":"Joint land ownership has been in existence for long time in Indonesia, especially in Java. Such a unique ownership system has inherent problem, namely potential conflict among the factual owners. This article aims to analyze the philosophical background of joint land ownership and its legal problems. This normative legal research was conducted through library-based study. It is found that there are three contributing factors that created the joint land ownership system. These include historical factors, philosophical factors, and the change of land economic value. In the past, joint land ownership system was introduced by the head village (bekel) to alleviate the burden of the tax payment. The philosophy of joint land ownership system refers to the philosophy of farmer life that can be identified from several values such as mutual trust and honesty in the spirit of kinship/togetherness.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47168466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The peace agreement resulted from an out of court mediation process can be made in the form of either an authentic deed or underhand deed. This paper discusses the application of the principle of ‘ne bis in idem’ in lawsuit relating to the breach of the notarial deed for peace and the legal strength of notarial deed for peace based on the Civil Code and the Civil Procedure (HIR). Data in the form of primary and secondary legal materials were collected through both library research and field work. It is found that with regards to Article 1917 of the Civil Code and Article 130 paragraph (2) the Civil Procedure (HIR), the principle of ‘ne bis in idem’ is not contained in a lawsuit against the breach of notarial deed for peace. It is also found that the legal strength of the notarial deed for peace is the same as the authentic deed as outlined in Article 1870 of the Civil Code and Article 165 of the Civil Procedure (HIR).
{"title":"Breach of Notarial Deed for Peace under Indonesian Civil Law Perspective","authors":"Hazar Kusmayanti, Yola Maulin, E. Sandra","doi":"10.18196/JMH.20190121","DOIUrl":"https://doi.org/10.18196/JMH.20190121","url":null,"abstract":"The peace agreement resulted from an out of court mediation process can be made in the form of either an authentic deed or underhand deed. This paper discusses the application of the principle of ‘ne bis in idem’ in lawsuit relating to the breach of the notarial deed for peace and the legal strength of notarial deed for peace based on the Civil Code and the Civil Procedure (HIR). Data in the form of primary and secondary legal materials were collected through both library research and field work. It is found that with regards to Article 1917 of the Civil Code and Article 130 paragraph (2) the Civil Procedure (HIR), the principle of ‘ne bis in idem’ is not contained in a lawsuit against the breach of notarial deed for peace. It is also found that the legal strength of the notarial deed for peace is the same as the authentic deed as outlined in Article 1870 of the Civil Code and Article 165 of the Civil Procedure (HIR).","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67551484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Restructuring State-Owned Enterprises (SOEs) as a Strategy to Face Demonopolization Policies","authors":"Putu Samawati Saleh","doi":"10.18196/jmh.20190119","DOIUrl":"https://doi.org/10.18196/jmh.20190119","url":null,"abstract":"","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67551802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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