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

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Perlindungan Hukum Hak Cipta Lagu/Musik atas Royalti dalam Perspektif Teori Keadilan Menurut Undang-Undang No. 28 Tahun 2014 Tentang Hak Cipta Ramadani, Muhammad Aru; H, Hartana; Setiawan, Puguh Aji Hari
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This article examines the legal protection of copyright in songs and music, particularly in relation to the royalty payment system regulated by Law No. 28 of 2014 on Copyright. Royalties for the commercial use of music are a crucial issue in the protection of intellectual property rights, especially the economic rights of creators. The study employs a normative juridical approach, analyzing positive law and conceptual perspectives using John Rawls's and Gustav Radbruch’s theories of justice. The findings reveal that although legal norms exist, their implementation does not yet reflect ideal justice. Therefore, reformulating a justice-based copyright protection system is essential to ensure the fair treatment of songwriters and composers.
Indonesia Tidak Menganut Trias Politica M, Mulyadi; Suhariyanto, Didik; H, Hartana
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 2 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.16916609

Abstract

Trias Politica was first introduced by John Locke and then developed by Montesquieu.  The Trias Politica concept functions to prevent power from one power which can give birth to authoritarian power.  Trias Politica describes a balance of power, where power is divided into several regions to prevent arbitrary, bad power in terms of policy, law and politics.  Indonesia is a legal and sovereign country, where there are Executive institutions such as the President and his ministers, Legislative institutions such as members of the People's Representative Council and Judicial Institutions such as the Judicial Commission, Constitutional Court and Supreme Court.  With the existence of these institutions, Indonesia does not necessarily have pure Trias Politica, this can be seen from the perspective of legal politics that has developed so far.  The aim of this research is to explain whether Indonesia adheres to the Trias Politica system purely or not.  So in a conceptual way, legal politics can be seen clearly, even from a legal perspective it is clearly seen.  Meanwhile, the public still views that Indonesia adheres to the Trias Politica system by only looking at the government institutions that have been established, without looking at the roles and functions as well as the authority of each institution.  This means that research is very necessary for the development of state law in Indonesia.  State law is a type of legal science that discusses the theory of the rule of law.  Therefore, there is a connection with the Trias Politica Theory which was born from the thoughts of the English philosopher John Locke and then developed by Montesquieu.
Analisis Yuridis Terhadap Penerapan Restorative Justice Pada Pencurian di Siang Hari Dengan Kerugian di Bawah Dua Juta Lima Ratus Ribu Rupiah Berdasarkan Sema Nomor 2 Tahun 2012 Azhari, Moh Tohri; Setiawan, Puguh Aji Hari; H, Hartana
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.17168210

Abstract

The criminal act of theft is one of the most frequent forms of conventional crime in Indonesia. The phenomenon of burglaries committed in broad daylight suggests its own complexity. This study aims to examine legally the normative form of criminal accountability towards burglary offenders who act in broad daylight, as well as analyze the effectiveness of the law enforcement system. The method used is the normative juridical approach method with an analytical descriptive specification. The data sources in this study include primary legal materials in the form of legislative regulations and jurisprudence, as well as secondary legal materials from relevant scientific literature. The results of the study show that although Article 362 of the Penal Code does not explicitly distinguish the time of occurrence of theft as a criminal element, thefts committed in broad daylight often illustrate a maturely planned intention by the perpetrator. In practice, law enforcement almost certainly faces constraints in proving elements of malicious intent, identification of perpetrators, as well as limitations of technical and juridical means. Therefore, forms of criminal accountability cannot simply be repressive in nature, but must be complemented by adaptive and humanistic criminal policies. Approaches such as restorative justice, community participation, as well as technology optimization in evidence need to be developed in order to create a responsive and sustainable legal system.
Pemidanaan Terhadap Pelaku Tindak Pidana yang Melakukan Registrasi Kartu (Sim Card) Telekomunikasi Prabayar Menggunakan Identitas Orang Lain Rivelino, Andri; H, Hartana; Tio Rae, Nyoman
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This research stems from the widespread practice of misusing personal identification data (National Identity Number and Family Card) to register prepaid telecommunication cards without the consent of the data ownerThe legal issue examined in this study focuses on the forms of criminal sanctions applicable to such offenders and the extent to which existing legal provisions have been effective in providing protection and deterrence. The study employs a normative juridical research method, utilizing a statute approach and a case approach. Data were collected through a literature review of legislation, legal literature, and court decisions concerning identity misuse in prepaid card registration. The analysis draws upon legal protection theories (Satjipto Rahardjo and Philipus M. Hadjon), legal system theory (Lawrence M. Friedman), and justice theory (John Rawls) to evaluate the relevance of applicable provisions, the adequacy of criminal threats, and the practical obstacles in law enforcement. The findings indicate that the criminal provisions under Article 51 paragraph (2) of the Electronic Information and Transactions Law (UU ITE) and Article 65 paragraph (2) of the Personal Data Protection Law (UU PDP) can be applied to prosecute offenders. However, their effectiveness is hindered by difficulties in proving the element of intent (mens rea), lack of harmonization between regulations, limited law enforcement capacity, and low public awareness. This research contributes novelty through a multi-regulatory analysis and progressive solutions, such as harmonizing the application of legal provisions, enhancing law enforcement training, improving digital literacy, and strengthening oversight of SIM card registration as part of a more comprehensive personal data protection framework.
Perlindungan Hukum Hak Cipta Lagu/Musik atas Royalti dalam Perspektif Teori Keadilan Menurut Undang-Undang No. 28 Tahun 2014 Tentang Hak Cipt Ramadani, Muhammad Aru; H, Hartana; Setiawan, Puguh Aji Hari
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.16760870

Abstract

In addition to bullying, pressures in work, family, education, dating problems and economic problems, can support the occurrence of mental disorders, in addition to that there are other factors that can affect one’s mentality such as hereditary or genetic. In an era that is technologically advanced and based on reeconomy and employment sectors where many human job positions are being replaced by technology or robots, as well as the ease of society in accessing various platforms thus triggering and creating a real social disparity value, this convenience of less or less supportive families is as much a pro in the environment. tracing the development of the times, Many pressures come from close people such as family, social and life environment that makes some people lose their health and affect their mental health, this journal discusses the legal implications if it happens to people in mental disorders (ODGJ), deciding to step into the next stage as well as handling it medically if it is felt to need help, as well as when is the right time to go to a professional personnel such as a psychiatrist in order to get the right handling in order to recover and prevent anything else bad from happening.
Co-Authors Azhari, Moh Tohri Didik Suhariyanto Mulyadi M, Mulyadi Ramadani, Muhammad Aru Rivelino, Andri Setiawan, Puguh Aji Hari Tio Rae, Nyoman