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All Journal Media Hukum Indonesia (MHI)
Adfari, Tsabitah Rahmah
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Law, Crime, Criminology & Criminal Justice

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Reformulasi Hukum Terkait Batas Usia Maksimal Anak Dalam Pemidanaan Anak M, Mulyadi; Adfari, Tsabitah Rahmah; Abdullah, Nayla Putri; Yadilla, Natasya; Amelia, Sabina Putri; Wicaksana, Dika Hikmah; Widiastiwi, Alisha Reva; Camilla, Garneta Rizka
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.11406932

Abstract

As a legal country, of course, Indonesia has all the rules that regulate social life. Every violation committed by society will definitely have legal consequences. However, there are several circumstances that make it possible to receive pardon in legal consequences, one of which is if the perpetrator is still a minor. In Indonesia itself there are three age groups for perpetrators, namely under 12 years, between 12 and 14 years, and between 14 and 18 years. 18 years of age is considered the maximum age limit for child punishment. However, in reality, many children aged 16-18 years commit crimes and even take their lives. Even 18 years old should not be included in the child category, because they are considered to have entered the adult process where they are able to judge what is good and bad. This research aims to see whether the maximum limit for punishing children, namely 18 years of age, is still ideal for use in Indonesia today. The research methodology used in this research is a normative juridical approach. As for the results of this research, we found the urgency of reformulation regarding the maximum age limit for children in child punishment and there are also several views regarding the reformulation of this child age limit.
Mata Najwa Sebagai Cermin Demokrasi dan Representasi Kebenaran Dalam Media Alternatif Pasah, Marip; Raharjo, Angga Sandhika; Almagfira, Anisa; Syahir, Fabhian Halky; Asmara, Daffi Allegra; Carina T., Joy Catherine; Carolina, Lavia Luky; Adfari, Tsabitah Rahmah; Abdullah, Nayla Putri; Yadila, Natasya; Amelia, Sabina Putri
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study analyzes the president’s narrative through Habermas’ deliberative democracy framework and assesses the communication relations between the elite and the public within the IKN policy as a reflection of the quality of participatory democracy in Indonesia. The article aims to examine whether elite political communication can serve as an indicator of the overall quality of democracy itself. The research method employed is qualitative content analysis, examining Mata Najwa as a representation of democracy and an alternative media platform. Data were gathered from various media sources and academic references, and analyzed comprehensively to produce findings that are relevant, applicable, and contributive to the development of media and democracy discourse in Indonesia. Mata Najwa, hosted by Najwa Shihab, has become one of the most notable highlights within Indonesia’s media landscape. With a track record as an independent journalist, the program consistently discusses political, social, cultural, and societal issues through a critical, reflective, and credible approach. Each broadcast presents competent speakers and multiple perspectives, creating a comprehensive dialogic space. This approach not only provides information but also education, while enhancing public satisfaction and awareness. The Mata Najwa podcast plays a strategic role in fostering an open political discussion space in Indonesia. Through the episode “[Exclusive] Jokowi on IKN, Gibran, and ‘Put Jokowi on Trial’,” the program invited President Jokowi to respond to political issues, public criticisms, and national policies. This broadcast reflects values of national defense, ethical leadership, and political courage in facing contemporary challenges.
Tindakan Wanprestasi Penyalahgunaan Keadaan oleh Developer Rumah pada Perjanjian Pengikatan Jual Beli: Studi Kasus Perkara No. 507/PDT/2017/PT.BDG Adfari, Tsabitah Rahmah; Putri, Cinta Aisyah; Wicaksana, Dika Hikmah; Podungge, Khalisyah Amara; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15600671

Abstract

The Sale and Purchase Binding Agreement (PPJB) is a common instrument in property transactions in Indonesia, but is vulnerable to disputes, including acts of default and abuse of circumstances (misbruik van omstandigheden) by the developer. This normative legal research aims to analyse the forms of abuse of circumstances committed by developers in PPJB and the legal remedies that can be taken by aggrieved buyers. Using statutory, conceptual, and case study approaches (Decision No. 507/PDT/2017/PT.BDG), this research examines how developers can exploit their dominant position. The analysis shows that the developer's actions such as repeatedly delaying the handover of the unit despite the full payment, as well as filing a counterclaim against the buyer to avoid liability, can be categorised as an abuse of circumstances. These practices, which often take advantage of the imbalance of bargaining power, violate the principle of good faith and cause harm to consumers. Although not explicitly regulated in the Civil Code, this doctrine is relevant. The main remedy for buyers is through tort actions, demanding fulfilment of the agreement, compensation, or cancellation of the contract, where the argument of abuse of circumstances can strengthen the buyer's position in seeking justice.
Analisis Hukum Terhadap Penerapan Kebijakan Anti-Dumping di Indonesia dalam Perspektif World Trade Organization (WTO) Adfari, Tsabitah Rahmah
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

International trade is a vital element for global economic growth, but on the other hand, it opens up opportunities for unfair trade practices such as dumping that can harm domestic industries. To address this, the World Trade Organization (WTO) established the Anti-Dumping Agreement (ADA) as a guideline for implementing anti-dumping policies among member countries. This agreement regulates the basic principles, investigation procedures, and mechanisms for imposing anti-dumping duties to maintain healthy competition and fairness between countries. Indonesia, as a WTO member, has ratified these provisions through Law Number 7 of 1994 and implemented them in various national regulations such as Law Number 7 of 2014 concerning Trade, Government Regulation Number 34 of 2011, and Minister of Trade Regulation Number 75 of 2022, which regulates the role of the Indonesian Anti-Dumping Committee (KADI). Although Indonesia has a clear legal basis and implementation mechanism, the effectiveness of anti-dumping policies still faces challenges such as limited resources, the complexity of the investigation process, and the increasing practice of circumvention dumping. Therefore, it is necessary to strengthen institutional capacity, procedural transparency, and cross-sector coordination so that anti-dumping policies in Indonesia can be implemented effectively, fairly, and in line with the principles of international trade within the WTO framework.
Co-Authors Abdullah, Nayla Putri Almagfira, Anisa Amelia, Sabina Putri Asmara, Daffi Allegra Camilla, Garneta Rizka Carina T., Joy Catherine Carolina, Lavia Luky Dwi Desi Yayi Tarina Mulyadi M, Mulyadi Pasah, Marip Podungge, Khalisyah Amara Putri, Cinta Aisyah Raharjo, Angga Sandhika Syahir, Fabhian Halky Wicaksana, Dika Hikmah Widiastiwi, Alisha Reva Yadila, Natasya Yadilla, Natasya