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All Journal INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Media Hukum Indonesia (MHI)
Nurdin, Merry Kurniawati
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Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Menjamin Hak dan Kepastian Hukum Terhadap Orang Yang Berada Dalam Pengampuan Amanda, Niken Dwi; Nurdin, Merry Kurniawati; Zahra, Hilyah Az; Malik, Syaiful; Akbar, Soultan Raffly; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Guardianship is a legal mechanism to place an adult who is deemed incapable of independent action, such as due to age, mental condition, or physical limitations, on the same status as children who are not yet capable of legal action. A guardianship order can be requested by the spouse, family, prosecutor's office, or any other interested party. The Surya Permana case is used as an example to show how judges consider evidence and the Respondent's condition before deciding on guardianship. In this case, the judge appointed the Respondent's wife as guardian to manage the Respondent's legal and financial interests. This research aims to provide a comprehensive understanding of the guardianship mechanism, the rights of guardians, the legal process involved, and the importance of legal protection for individuals under guardianship. In this research, the author uses a normative legal method that is descriptive in nature. The results of the study show that guardianship is an important legal instrument to guarantee the civil rights of individuals and prevent actions that harm themselves or others. The process of establishing guardianship is conducted through juridical and non-juridical considerations by the judge to ensure that the individual really needs guardianship. Guardianship can end if the individual's condition improves and he or she is deemed competent to perform legal acts.
Analisis Penanganan Kasus Narkoba Ditinjau Dari Perspektif Hukum dan Masyarakat Amanda, Niken Dwi; Nurdin, Merry Kurniawati; Darmawan, Cinta Rizqareka; Az Zahra, Hilyah; Mawaddah, Ananda Ratu; Nugraha, Setyo; 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.11318606

Abstract

The problem of drug abuse is a serious challenge in many countries, including Indonesia. The government has adopted a comprehensive approach to address it, through law enforcement and prevention. Handling drug cases involves legal aspects such as policies, regulations, and legal processes, as well as societal views that influence approaches to treatment and rehabilitation. Therefore, analysis from both legal and societal perspectives is important to understand the effectiveness of drug treatment and find better solutions. The purpose of this study is to provide a thorough understanding of the handling of drug cases from two perspectives, law and society, and analyze its effectiveness. In this research the author uses a normative method with a statutory approach. The results show that much still needs to be done to improve the effectiveness and fairness in handling drug cases in Indonesia. Community involvement and open dialogue between legal institutions and the community are essential to build public trust and ensure effective legal policies. Thus, it is important to ensure a transparent and fair judicial process. Continuous efforts need to be made to improve transparency, independence and fairness in the judicial process. Involving the public in decision-making processes and open dialog is also important to build trust and ensure effective legal policies
Analisis Etika Profesi Hakim Mahkamah Konstitusi terhadap Dampak Pelanggaran Kode Etik dalam Putusan MK Nomor 90/PUU-XXI/2023 Amanda, Niken Dwi; Azzahra, Fidda Nazli; Nurdin, Merry Kurniawati; Dharmawan, Cinta Rizqareka; Rahmadani, Novia; Rachman, Rheyna Reva; Az Zahra, Hilyah; Ardyanti, Widyarini; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The Constitutional Court (Mahkamah Konstitusi) plays a crucial role in safeguarding the constitution and upholding the principles of constitutional democracy in Indonesia. However, its credibility and integrity have been seriously questioned following the issuance of Constitutional Court Decision No. 90/PUU-XXI/2023, which addresses the minimum age requirement for presidential and vice-presidential candidates. This ruling sparked widespread controversy due to its perceived political interests and alleged violations of judicial ethics by several justices, particularly Chief Justice Anwar Usman, who was found by the Constitutional Court’s Honorary Council (MKMK) to have breached impartiality due to a family conflict of interest involving one of the candidates favored by the decision. This study employs a normative legal research method using both statutory and conceptual approaches to critically analyze the role of judicial ethics in maintaining the independence of the Constitutional Court, and to evaluate the legal and sociological implications of ethical violations on the legitimacy and validity of the Court's decision. The analysis shows that while the ruling remains legally valid and binding in accordance with Article 24C of the 1945 Constitution and the Constitutional Court Law (UU MK), which affirms the final and binding nature of Constitutional Court decisions, its moral and social legitimacy is significantly undermined due to unethical practices that contradict the principles of integrity, transparency, and accountability. Ethical violations in the decision-making process not only tarnish the personal reputation of the justices involved but also erode public trust in the institutional independence of the Constitutional Court. In modern constitutional legal systems, procedural legality cannot be separated from constitutional morality. The continued function of the Constitutional Court as the protector of citizens' constitutional rights and the guardian of constitutional supremacy is heavily dependent on the legitimacy derived from public trust. Therefore, reforming the judicial ethics system and strengthening the role of the MK as an independent and effective ethical oversight body is an urgent necessity to ensure that the Constitutional Court remains a dignified and authoritative institution in Indonesia's constitutional democrac
TELKOM GROUP'S BLOCKING OF NETFLIX AS A BASIS FOR IDENTIFYING INDICATIONS OF UNFAIR BUSINESS COMPETITION: A STUDY OF KPPU DECISION NO. 08/KPPU-I/2020 Nurdin, Merry Kurniawati; Sakti, Muthia
International Journal of Cultural and Social Science Vol. 6 No. 4 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i4.1240

Abstract

This study analyzes unfair business competition practices in the telecommunications sector in Indonesia, which analyzes in more depth the case study of blocking carried out by PT Telekomunikasi Selular and PT Telekomunikasi Indonesia under the auspices of the Telkom Group against the Over The Top (OTT) service Netflix. The author uses a normative method with a case and legislative approach, this study found that the unilateral blocking carried out by the Telkom Group has fulfilled the elements of discrimination regulated in Article 19 letter (d) of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition because the Telkom Group only blocked Netflix, while other OTT services that have done the same thing were not subjected to the same blocking, in this case the Telkom Group's policy as a dominant business actor in the telecommunications sector also has a negative impact on consumer internet access. However, despite the discovery of discriminatory acts that are strong indications, the KPPU decision in Case No. 08 / KPPU-I / 2020 stated that the Telkom Group was not indicated in unfair business competition practices, this indicates a legal weakness. This legal weakness is caused by the non-implementation of the Network Neutrality principle in regulations governing the flow of telecommunications services and the limitations of business competition test indicators that cannot analyze the long-term impact (Network Effects) in the digital telecommunications market. Therefore, this study concludes that regulators must harmonize by improving regulations on cooperation between telecommunications services and OTT services through fair and transparent Business to Business principles, as well as adding long-term impact (Network Effects) test criteria to the KPPU Commission Regulation to ensure healthy competition in the future.
Co-Authors Akbar, Soultan Raffly Amanda, Niken Dwi Ardyanti, Widyarini Az Zahra, Hilyah Azzahra, Fidda Nazli Darmawan, Cinta Rizqareka Dharmawan, Cinta Rizqareka Malik, Syaiful Mawaddah, Ananda Ratu Mulyadi M, Mulyadi Muthia Sakti Nugraha, Setyo Rachman, Rheyna Reva Rahmadani, Novia Ramadhani, Dwi Aryanti Zahra, Hilyah Az