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All Journal Media Hukum Indonesia (MHI)
Ginting, Yovani Yolanda Putri
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Law, Crime, Criminology & Criminal Justice

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Tinjauan Yuridis Terhadap Tindakan Merusak Barang Orang Lain Tanpa Sengaja Latri, Akhdan Adityo; Ramadhan, Niko Rafael; Dorinda S, Gabriel; Ginting, Yovani Yolanda Putri; Kusuma, Nanda Putri Andana; W, Yuliana Yuli
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11608292

Abstract

This research discusses the juridical review of the act of accidentally damaging other people's property in the legal context in Indonesia. The main focus of this study is on the provisions of civil and criminal law that regulate responsibility and legal consequences of such actions. In civil law, the act of accidentally damaging property is regulated by Article 1365 of the Civil Code (KUHPerdata) which states that every unlawful act that causes loss is obliged to compensate for the loss, including actions caused by negligence. On the other hand, criminal law, through Article 406 paragraph (1) of the Criminal Code (KUHP), requires an element of intent to be subject to criminal sanctions. This research found that the act of accidentally damaging other people's property generally does not meet the criminal elements because there is no malicious intent, so it is more often resolved in the civil realm with a claim for compensation. Peaceful dispute resolution through mediation or negotiation was also identified as a method frequently used in practice to resolve these types of cases. This research provides a deeper understanding of how the Indonesian legal system handles cases of accidental damage to goods, as well as the legal implications for the parties involved.
Ringan di Meja Hijau, Berat di Nurani: Pelanggaran Kode Etik Hakim dalam Korupsi 271 Triliun Harvey Moeis dan Runtuhnya Kepercayaan Publik M, Mulyadi; Pradiani, Canisya; Sagita, Nabila; Al Hafizh, Muhammad Fadhlan; Alfarizi, Rizqie Achmad; Y. S, Jevon Verrell; Ginting, Yovani Yolanda Putri; Putra R, Daffa Charisma
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15161565

Abstract

The corruption case involving Harvey Moeis, with state losses reaching 271 trillion rupiah, has brought sharp scrutiny to the integrity and professionalism of judges in Indonesia. The public's perception of a lenient verdict has triggered allegations of violations of the judicial code of ethics, potentially undermining public trust in the judiciary. This study aims to analyze in depth the alleged violations of the judicial code of ethics in this case, as well as its impact on public trust. The research method used is a case study with a qualitative approach, through the analysis of documents, news, and literature studies. The results of the study indicate indications of violations of the judicial code of ethics, reflected in the significant disparity between the prosecutor's demands and the judge's verdict. The implications of this case are extensive, not only damaging the image of the judiciary, but also threatening the rule of law and justice in Indonesia.
Analisis Hukum terhadap Peran Pertamina sebagai State Trading Enterprise dalam Pelaksanaan Prinsip Non-Diskriminasi WTO: Studi Kasus Kebijakan Perdagangan Energi oleh Pertamina Ginting, Yovani Yolanda Putri
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.17811881

Abstract

The principle of non-discrimination constitutes a fundamental pillar of the international trading system governed by the World Trade Organization (WTO), aiming to ensure fair and open competition among its members. Nevertheless, the application of this principle faces challenges when states employ State Trading Enterprises (STEs) as policy instruments in strategic sectors, including energy. This study seeks to analyze the regulation of State Trading Enterprises within the WTO framework, particularly concerning the obligation to comply with the non-discrimination principle, and to examine the potential inconsistency of energy trade policies implemented by PT Pertamina (Persero) with this principle. This research adopts a normative legal research method, utilizing statutory and conceptual approaches through an examination of WTO provisions, especially Article XVII of the General Agreement on Tariffs and Trade 1994, along with international trade law doctrines. The findings indicate that the existence of State Trading Enterprises is recognized under the WTO system; however, their trading activities remain subject to the obligation to act in a non-discriminatory manner and based on commercial considerations. While state assignments to Pertamina are primarily intended to safeguard national energy security, such policies may give rise to potential implications for the WTO non-discrimination principle if not implemented transparently and objectively. Accordingly, a balance between national interests and international obligations is essential to ensure compliance with the multilateral trading regime.
Co-Authors Al Hafizh, Muhammad Fadhlan Alfarizi, Rizqie Achmad Dorinda S, Gabriel Kusuma, Nanda Putri Andana Latri, Akhdan Adityo Mulyadi M, Mulyadi Pradiani, Canisya Putra R, Daffa Charisma Ramadhan, Niko Rafael Sagita, Nabila Y. S, Jevon Verrell Yuliana Yuli Wahyuningsih