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All Journal Media Hukum Indonesia (MHI)
Putri, Syifadilla Subagyo
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Hak Atas Penggantian Tempat Tinggal Warga Terdampak Penggusuran Kampung Bayam Menurut Perspektif Hak Ekosob Putri, Syifadilla Subagyo; Prananda, Mayang Talentasari; Masdiana, Ismail; Wahyuni, Ridha
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.11309691

Abstract

The Law on Human Rights can generally be understood as provisions that protect human freedoms in sustaining their lives, including obtaining suitable housing, especially in preserving what has been theirs from the beginning. In the case of the eviction of settlements in the Kampung Bayam area, legal protection of human rights has not yet been realized to this day. The eviction carried out by the Jakarta Provincial Government was arbitrary, without considering its impact on residents who lost their homes and also as a form of deprivation of the economic, social, cultural rights of the Kampung Bayam community. Furthermore, until now, there has been no apparent effort from the government to restore the housing rights of the residents of Kampung Bayam. Moreover, Indonesia is a country based on the rule of law, which means Indonesia should prioritize the protection and respect of human rights as its main focus. 
An Analytical Study on the Application of Justice Theory in the Perspective of Legal Philosophy: A Case Study of the Aggravated Assault on David Ozora Maghfiroh, Laily; Hidayat, Muhammad Rahmadzani; Salsabila, Syana Mifta; Putri, Syifadilla Subagyo
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17483522

Abstract

Justice is the primary goal of law and serves as the basis for every law enforcement process in Indonesia. The case of the serious assault on Cristalino David Ozora by Mario Dandy Satriyo reflects a test of the value of justice amidst social and power inequality. This study uses a normative method with a literature review to analyze the concept of justice theory from the perspective of legal philosophy, particularly according to Aristotle, John Rawls, and Gustav Radbruch. The results show that the application of justice theory in this case emphasizes the importance of equality before the law and the moral responsibility of the perpetrator. The court's decision to sentence the victim to 12 years in prison and require restitution to the victim reflects the application of commutative and distributive justice. This also shows that law enforcement in Indonesia must balance legal certainty, moral values, and humanity as the basis for achieving substantive justice.
Penerapan Prinsip Pencemar Membayar (Polluters Pay Principle) Pada Kasus Tindak Pidana Kerusakan Lingkungan Dengan Dakwaan Delik Korupsi (Studi Kasus: Gubernur Sulawesi Tenggara) Putri, Syifadilla Subagyo
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17511463

Abstract

This study examines the application of the Polluter Pays Principle in the case of Nur Alam, former Governor of Southeast Sulawesi, who was convicted of corruption related to mining permits that caused environmental damage. Using a normative juridical approach, this research analyzes Law No. 32 of 2009 and Ministerial Regulation No. 7 of 2014. The findings reveal that ecological losses resulting from corruption should be classified as state losses. However, Indonesia’s legal framework remains weak in integrating environmental aspects into corruption cases involving natural resources.
Justice in the Allocation of Public Facilities: A Legal-Philosophical Analysis of Rights and Social Interests (A Case Study on the Use of Strobe Lights and Escort Patrols by Government Officials) Putri, Syifadilla Subagyo
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17528888

Abstract

This study analyzes the distribution of justice in the use of public facilities through a legal-philosophical approach, focusing on the use of strobe lights and police escorts by government officials. The objective is to evaluate the implementation of justice principles in legal and social contexts, particularly regarding equal public rights. The research employs a normative juridical method through statutory and literature approaches. The findings reveal that the misuse of public facilities by officials outside emergency situations constitutes a violation of social justice and human rights principles. Therefore, consistent and transparent law enforcement is needed to ensure equality and justice in public life.
Pertanggungjawaban Pidana atas Kejahatan Terhadap Kemanusiaan dalam Perspektif Hukum Pidana Internasional (Studi Kasus Penangkapan Presiden Hissène Habré ) Salsabila, Syana Mifta; Putri, Syifadilla Subagyo
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17572867

Abstract

This research examines the concept of individual criminal responsibility for crimes against humanity within the framework of international criminal law as outlined in the Rome Statute of 1998. It also analyzes the application of this principle through the case of President Hissène Habré of Chad, which stands as a landmark in international justice. The study finds that crimes against humanity are grave offenses committed on a widespread and systematic scale, where perpetrators can be held accountable regardless of rank or political authority. The principle of individual criminal responsibility affirms that state officials, including heads of state, are not immune from prosecution for serious violations of human rights.
Konflik Antara Proteksionisme dan Prinsip National Treatment dalam Hukum Perdagangan Internasional (Studi Kasus: Penerapan Prinsip National Treatment dalam Kasus Sengketa Importasi Minuman Beralkohol antara Jepang dan Kanada di WTO) Putri, Syifadilla Subagyo
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17572637

Abstract

This study examines the conflict between protectionist policies and the implementation of the National Treatment principle within the international trade law framework, focusing on the alcohol import dispute between Japan and Canada at the WTO. The case highlights Japan’s tension between protecting domestic industries through fiscal measures and its international obligation to treat imported goods equally. Using a normative juridical and case study approach, the analysis finds that Japan’s alcohol tax system violated Article III of GATT 1994 by indirectly discriminating against foreign products. The WTO ruling reaffirmed the importance of the non-discrimination principle as a cornerstone of fair global trade. This research emphasizes the necessity of balancing national economic protection and adherence to international trade norms to ensure a fair and sustainable multilateral trading system.
Criminal Liability of Influencers as Online Gambling Affiliates from the Perspective of Information Technology Law Rahayu, Anggita Dwi; Maghfiroh, Laily; Salsabila, Syana Mifta; Putri, Syifadilla Subagyo
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17847357

Abstract

The development of information technology has significantly transformed commercial practices and communication, including the growing prevalence of online gambling promoted on social media by influencers or affiliators. This phenomenon raises legal concerns because such promotions constitute the distribution of gambling-related information, which is explicitly prohibited under Article 303 of the Indonesian Criminal Code (KUHP) and Article 27(2) jo. Article 45(3) of the Electronic Information and Transactions Law (UU ITE). This study aims to analyze the form of criminal liability imposed on influencers acting as online gambling affiliators and examine the application of criminal provisions under the UU ITE in relation to their involvement. Using a normative juridical method with statutory and conceptual approaches, this research finds that any affiliator who intentionally uploads, distributes, or provides access to online gambling websites may be held criminally liable unless a valid excuse eliminates their culpability. Paid promotional activities indicate intent, thereby fulfilling the element of unlawfulness and allowing the perpetrator to be charged based on their level of involvement, whether under Article 303 of the KUHP or the provisions of the UU ITE. However, the enforcement of criminal sanctions remains challenging, particularly in the evidentiary process, as it relies heavily on the validity of electronic evidence such as transaction records, social media uploads, or other digital traces. The absence of detailed technical guidelines for the collection and examination of digital evidence hampers optimal investigation and prosecution
Co-Authors Hidayat, Muhammad Rahmadzani Maghfiroh, Laily Masdiana, Ismail Prananda, Mayang Talentasari Rahayu, Anggita Dwi Ridha Wahyuni, Ridha Salsabila, Syana Mifta