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All Journal Media Hukum Indonesia (MHI)
Raihani, Siti Rifqa
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Law, Crime, Criminology & Criminal Justice

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Rekonstruksi Penyelesaian Sengketa Konsumen Melalui Penguatan Kelembagaan Perlindungan Konsumen sebagai Perwujudan Bela Negara Priambodo, Rio; Raihani, Siti Rifqa; Wahyudi, Slamet Tri
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.17919120

Abstract

Law Number 8 of 1999 on Consumer Protection constitutes an important legal foundation for safeguarding consumer rights in Indonesia. However, in practice, the implementation of consumer protection still faces various challenges, particularly related to institutional weaknesses in handling consumer dispute resolution. This study aims to identify the weaknesses of consumer protection institutions, namely the National Consumer Protection Agency (BPKN), the Consumer Dispute Resolution Body (BPSK), and Non-Governmental Consumer Protection Organizations (LPKSM), in effectively exercising their functions and authorities. Several issues identified include limited resources, weak institutional authority, low public awareness of consumer rights, and insufficient coordination among relevant institutions. Furthermore, this research proposes strategies for strengthening consumer protection institutions in the future through structural reform, enhancement of human resource capacity, and optimization of digital-based dispute resolution systems that are faster, more affordable, and fair. Such strengthening not only improves the effectiveness of dispute resolution but also represents a tangible form of state defense in the context of protecting citizens’ rights as consumers in achieving the Sustainable Development Goals (SDGs). Thus, the state actively plays a role in ensuring justice and legal certainty in national economic activities.
Penemuan Hukum dalam Peraturan Badan Narkotika Nasional Tentang Asesmen Terpadu Bagi Pecandu Korban Penyalahgunaan Narkotika Raihani, Siti Rifqa; Triadi, Irwan
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.17919158

Abstract

Drug abuse is a complex problem that has wide-ranging impacts on individuals, society, and the state. Within the Indonesian legal system, drug abusers are not always regarded solely as perpetrators of criminal acts, but also as victims who require medical and social treatment. Based on Law Number 35 of 2009 on Narcotics, particularly Article 54, narcotics addicts and victims of drug abuse are required to undergo medical rehabilitation and social rehabilitation. However, the implementation of this provision in judicial practice often gives rise to problems due to differing legal interpretations regarding the status of drug abusers as suspects or defendants. This study aims to analyze legal discovery (rechtvinding) in the process of granting rehabilitation to drug abusers, as well as to identify the role of law enforcement officials—particularly investigators, public prosecutors, and judges—in determining appropriate forms of treatment. The research method employed is normative juridical, using statutory, conceptual, and case approaches. Data were obtained from library research, statutory regulations, court decisions, and literature related to narcotics law enforcement. The results of the study indicate that legal discovery in the granting of rehabilitation is necessary to bridge normative gaps and address inaccuracies in the application of law in drug abuse cases. Legal discovery by judges and law enforcement officials is essential to ensure that the objectives of law—justice, utility, and legal certainty—are achieved in a balanced manner. Rehabilitation is not merely a form of leniency, but a manifestation of human rights protection for drug abusers to obtain treatment and recovery.
Teori dan Penemuan Hukum (Rechtsvinding) oleh Hakim Pada Tingkat Kasasi Terkait Putusan Pengadilan Negeri Nomor: 796/Pid.B/2022/Pn.Jkt.Sel Vonis Mati yang Diubah Menjadi Penjara Seumur Hidup dalam Putusan Mahkamah Agung Nomor: 813.K/Pid/2023) Adhitya, Muhammad Rendy; Alfatoni, Muhammad Sidiq; Irwanda, Tasya Gita; Raihani, Siti Rifqa; Triadi, Irwan
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.17919252

Abstract

Pretrial proceedings (praperadilan) constitute an important innovation within the Indonesian Criminal Procedure Code (KUHAP) as an instrument for protecting the rights of suspects against arbitrary actions by law enforcement officials. However, since the Decision of the South Jakarta District Court Number 796/Pid.B/2022/PN.Jkt.Sel, the authority of pretrial proceedings has undergone significant development through the expansion of its objects to include the determination of suspects. This decision marks the occurrence of legal discovery (rechtsvinding) by the judge, who interpreted Article 77 of the KUHAP progressively based on the principles of human rights protection and the due process of law. This study aims to analyze the decision from the perspective of theories of justice, particularly Aristotle’s concept of justice. The method used is normative juridical analysis of judicial decisions and their legal reasoning. The results of the study indicate that the decision reflects retributive justice moving toward a more rehabilitative and humanistic approach. However, within the framework of distributive and corrective justice, debates arise concerning the proportionality of the punishment, the defendant’s position as a former high-ranking police official, and public expectations of justice. The decision is legally valid, yet it still leaves moral and ethical questions in its implementation.
Co-Authors Adhitya, Muhammad Rendy Alfatoni, Muhammad Sidiq Irwanda, Tasya Gita Priambodo, Rio Slamet Tri Wahyudi Triadi, Irwan