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All Journal Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
Hermawati, Mutiara
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Analisis Putusan Hakim Dalam Perkara Hak Asuh Anak Yang Belum Mumayyiz Pasca Perceraian Ramadhani, Dwi Aryanti; Abdullah, Nayla Putri; Yadila, Natasya; Amelia, Sabina Putri; Widiastiwi, Alisha Reva; Hermawati, Mutiara; Harsanti, Khairunnisa Putri
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11562374

Abstract

Child custody is one of the consequences that arise after divorce. This is because parents still have an obligation to provide maintenance and protection for the growth and development of children. In this study the author focuses on analyzing the judge's decision in the case of custody of children who have not been able to distinguish good and bad rights independently (mumayyiz) after divorce. This research is aimed at understanding the legal considerations and factors that influence the judge's decision in determining the custody of children who have not reached the age of mumayyiz. The research method used is the normative juridical method with a statutory approach and a case approach by analyzing relevant court decisions. The results of this study indicate that in making decisions judges consider psychological factors and factors of the child's interests in supporting his growth and development. These considerations are based on the facts and evidence presented during the trial. This research recommends the need for clearer and more consistent guidelines in child custody decisions to ensure optimal protection for children involved in divorce cases.
Implementasi Undang-Undang ITE Dalam Menjamin Kebebasan Berpendapat di Dunia Maya Nugroho, Andriyanto Adhi; Hermawati, Mutiara; Sandiah, Rara Siti; Aryaputri, Aqila Shafiqa; Feby, Amanda; Siregar, Tiara Rebecca Kezia
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11508390

Abstract

In the current era of digitalization, freedom of speech can not only be exercised through direct demonstrations but can also be exercised by voicing opinions freely in cyberspace through social media platforms. However, since the enactment of the ITE Law, which regulates various aspects related to electronic information and transactions, this freedom has begun to be strictly limited, followed by sanctions. However, the article does not clearly regulate what specific violations can be sanctioned so that the articles regulated in the ITE Law related to freedom of expression are dubbed rubber articles by the public. With this in mind, this research aims to find out how the implementation of the ITE Law guarantees the right to freedom of expression and what impact the implementation has. The method used by the author is normative juridical with data collection techniques using library methods that use secondary data sources.  The result of the research found is that in its implementation in guaranteeing the right to freedom of expression, ITE Law often causes debates among the public due to misunderstandings in the interpretation of articles related to the right to freedom of expression.  So that the research hopes that the principles of freedom of expression guaranteed by the ITE Law can be applied fairly and not lopsidedly. 
Penegakan Hukum Bagi Pengguna Sepeda Listrik di Jalan Raya Dalam Perspektif Hukum Positif Indonesia (Undang-Undang Lalu Lintas) Hermawati, Mutiara; Hanan Nuhi, Muhammad; Andari, Astriana; Marito, Eugina Evita; Farros, Naufal; Josua, Haezer; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11151871

Abstract

The emergence of electric bicycles has become a special focus of the government as an effort to reduce the use of conventional gasoline-fueled vehicles in order to reduce the level of pollution due to gas emissions produced by these vehicles. Therefore, various laws and regulations have been issued to regulate electric bicycles, such as Law Number 22 of 2009 concerning Road Traffic and Transportation and Minister of Transportation Regulation No. 45 of 2020 concerning Certain Vehicles Using Electric Motor Drives. However, in reality, it is the users of electric bicycles who cause many cases of traffic violations due to misuse of electric bicycles as a result of the absence of strict sanctions stated in these two laws. The aim of this research is to explain the legal regulations for every electric bicycle user in Indonesia as well as what legal measures are used by the government to increase public compliance as electric bicycle users, especially on the highway. The research method used in this research is qualitative in the form of a case study with the data collection method for this research using the literature study method. The conclusion of this research is that as a result of the emergence of various traffic violations by electric bicycle users, regulatory updates are needed in an effort to provide clarity regarding the restrictions that must be met and the prohibitions that must be avoided by every electric bicycle user. The advice we give is to update the laws and regulations regarding restrictions and strict sanctions if electric bicycle users commit violations as an effort to enforce law in Indonesia.
Problematika Pembentukan Undang-Undang Cipta Kerja Terkait Perlindungan Terhadap Hak-Hak Tenaga Kerja di Indonesia Hermawati, Mutiara; S, Suwarsit
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11217408

Abstract

The main urgency of the establishment of the Job Creation Law is aimed at improving and stimulating the growth of the Indonesian economy through increased investment and expansion of employment. However, after the draft law has been completed and will be ratified, the contents of the articles regulated therein contain an imbalance between employers and labor. Where employers are considered to have many advantages in the regulation and on the other hand the rights of labor are increasingly trimmed and restricted. So that at the stage of ratification, the law reaped polemics and controversy among the community. With this problem, this research was conducted by the author with the aim of finding out about the causes of the controversial Job Creation Law and the impact it has on labor. The method used in this research is the literature method which uses secondary data sources by collecting data through various reading sources such as articles, journals, papers, and news. The result of this research is that to ease the controversy, the Job Creation Law was submitted to the Constitutional Court to pass the material and formal testing stages until the result obtained was that the law was declared Conditionally Unconstitutional.
Studi Komparasi Mediasi dan Konsiliasi Dalam Penyelesaian Sengketa Pada Korporasi Hermawati, Mutiara; Rinanti, Pitra; Marito, Eugina Evita; Loren, Medina; Febriani, Anggie
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15481988

Abstract

In the corporate world, disputes between parties often require efficient resolution methods outside of litigation. Two commonly used mechanisms are mediation and conciliation. Although both fall under alternative dispute resolution (ADR), they differ fundamentally, particularly in the role of the third party. A mediator remains neutral and facilitates negotiation without offering solutions, while a conciliator takes a more active role by providing written proposals to the parties. This article explores the differences, similarities, and legal basis of both mechanisms to offer clearer understanding for business actors in choosing the most suitable resolution method.
Co-Authors Abdullah, Nayla Putri Amelia, Sabina Putri Andari, Astriana Andriyanto Adhi Nugroho Aryaputri, Aqila Shafiqa Farros, Naufal Febriani, Anggie Feby, Amanda Hanan Nuhi, Muhammad Harsanti, Khairunnisa Putri Josua, Haezer Loren, Medina Marito, Eugina Evita Mulyadi M, Mulyadi Ramadhani, Dwi Aryanti Rinanti, Pitra Sandiah, Rara Siti Siregar, Tiara Rebecca Kezia Widiastiwi, Alisha Reva Yadila, Natasya