cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Erni Agustin
Contact Email
media_iuris@fh.unair.ac.id
Phone
-
Journal Mail Official
media_iuris@fh.unair.ac.id
Editorial Address
-
Location
Kota surabaya,
Jawa timur
INDONESIA
Media Iuris
Published by Universitas Airlangga
ISSN : -     EISSN : 26215225     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Media Iuris E-ISSN (2621-5225) is an open-access-peer-reviewed legal journal affiliated with the Faculty of Law of Airlangga University, which was published for the first time in 2018 in the online version. The purpose of this journal is as a forum for legal scholars, lawyers and practitioners to contribute their ideas to be widely disseminated for the development of legal science in Indonesia. This journal is published three times a year in February, June and October. Scope of articles ranging from legal issues in the fields of business law, constitutional law, administrative law, criminal law, international law, comparative law, and other legal fields.
Arjuna Subject : -
Articles 229 Documents
 19   20   21   22   23 
Back Matter Media Iuris Vol 8 No. 3, October 2025 Matter, Back
Media Iuris Vol. 8 No. 3 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

-
Rescission of the Comprehensive Military Agreement (CMA): A Violation of International Law by South Korea? Akbar, M. Fabian; Fathi, Muhammad; Javier Maramba Pandin; Andi Tenri Oddang; Muhammad Mierza Pratama
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.76593

Abstract

This article examines the legal implications of South Korea’s suspension of the 2018 Comprehensive Military Agreement with North Korea against the background of renewed tensions on the Korean Peninsula. The study aims to determine whether this unilateral suspension is compatible with international law and what it reveals about the broader limits of lawful unilateral action in treaty relations. Using normative legal research based on doctrinal analysis, this evaluation assesses the agreement, the Vienna Convention on the Law of Treaties, relevant state practice, and official statements from both governments. The study reveals that the legality of the suspension hinges on whether North Korea’s conduct constitutes a material violation, whether there has been a fundamental change of circumstances, and how strictly national security and necessity can be invoked to justify suspending treaty obligations. The article concludes that the Korean case clarifies the boundaries between lawful countermeasures and internationally wrongful acts, and it offers normative guidance for designing and interpreting security agreements in regions marked by persistent military rivalry.
Barriers to Entry: Who Decides and Who Benefits? Anna Maria Tri Anggraini; Sabirin, Ahmad; Raafid Haidar Herfian
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.76984

Abstract

Prohibiting the entry of competitors (barriers to entry) into the relevant market is an activity forbidden by Law No. 5 of 1999. Dominant business actors do not solely instigate barriers to entry; regulations can also pose challenges for new entrants to compete in the relevant market. This research aims to identify the factors that create entry barriers imposed by business actors, leading to unhealthy business competition. The research approach uses qualitative-empirical methods, focusing on KPPU decisions, such as Number 15/KPPU-L/2018 and Number 14/KPPU-L/2015. The research findings and analysis reveal that barriers to entry may result from incumbent business actors' actions and/or regulations that facilitate the entry of new players. An example of a barrier to entry, as highlighted in KPPU decisions, involves the issuance of internal office memos that impose restrictions on the sale of competitors' products and impose high tariffs that increase competitors' production costs. A novelty in this study lies in the disclosure of power dynamics in decision-making and profit distribution among stakeholders that affect market accessibility. Then, the authors recommended that the KPPU provide clear guidelines on the term barriers to entry and that business actors develop compliance guidelines to prevent violations of Law No. 5 of 1999.
The Interface Between Competition Law and Data Protection : The Need for A More Integrated Approach Abdul Rahman, Nasarudin; Setyawati, Ria
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.77162

Abstract

This article examines the growing interface between competition law and data protection in the digital economy, where large platforms accumulate vast datasets that raise both antitrust and privacy concerns. Using a qualitative doctrinal and comparative legal approach, this study analyzes legal developments in the EU, Germany, Malaysia and Indonesia to highlight tensions and complementarities between the two regulatory regimes. The paper finds that data-driven market dominance requires regulators to assess practices such as self-preferencing, refusal to supply, and exploitative data processing through both privacy and competition lenses. Case analyses from Facebook and Google illustrate how dominance in digital ecosystems can harm users and stifle competition. In the Malaysian context, the article critiques the limitations of the current legal framework, including the Competition Act 2010 and PDPA 2010, and calls for integrated regulatory reforms. In the Indonesian context, the analysis focuses on the application of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, which, despite not explicitly regulating data, provides an effects-based framework to address data-driven market power, self-preferencing, refusal to supply, and exploitative conduct in digital markets. The findings advocate for a balanced, coordinated framework that addresses the complexities of data governance while fostering innovation, fairness, and user autonomy.
Nussbaum's Justice Theory Lens: the Digital Divide and Unfulfillment of the Right to Public Service in Traditional Society Muh. Afif Mahfud; Siregar, Dzaky Mufrih Aimaluddin; Muhammad Fahad Malik
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.77214

Abstract

Economic, social and geographical disparities have led to the emergence of a digital divide between regions, which ultimately has resulted in an inequality of access to public services, which is one of the rights of citizens that must be fulfilled by the government. This study aims to analyze the effect of the digital divide on the inequality of access to digital public services in traditional society specifically. This is as well as the local government strategies ensuring inclusiveness of access  and overcoming injustice in public services in terms of Martha Nussbaum's theory of justice. This research is a socio-legal research and interdisciplinary prescriptive study using functional comparative law. Collaboration between local governments and the private sector is a key aspect of facilitating access to public services in areas that are not covered by internet access. The lack of access to digital public services is a form of injustice, is a violation of human rights and relates to the concept of a welfare state. Examined according to Martha Nussbaum's theory of justice, internet access is a fertile capability whose fulfillment determines the fulfillment of fundamental rights in turn (central capabilities). The goal of the rule of law is to create substantive freedom for those in traditional society to develop their lives. This theory places the state as an active entity that must strive to meet the needs of the community regarding digitalization and public services. This research shows that reality has shifted in the context of fulfilling the right to digitalization, which is highly dependent on the private sector, which is not in line with the theory of justice. Therefore, a system change must be made, namely that the development of digitalization must be in line with the expansion and improvement of internet access. The state must take a central role in fulfilling these needs.
Reforming the Role of Judges in Assessing Evidence Authenticity and Legality: A Comparative Study Using the Exclusionary Rule Approach Rustamaji, Muhammad; Sitompul, Shalih Mangara; Khoiruddin, Aldi Rizki
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.77218

Abstract

The renewal of the role of judges in the authentication and examination of evidence has become crucial in line with the complexity of electronic evidence and the demands for the protection of human rights in criminal proceedings. A comparative study of the legal systems of the US (Miranda Rules), the UK (Judges' Rules), and the Netherlands (Wet Elektronisch Procesdossier) reveals disparities in the mechanisms for excluding illegal evidence. In the Indonesian context, through the Criminal Procedure Code Bill (Articles 222-228), efforts are being made to adopt the exclusionary rule in a limited manner by affirming the authority of judges to assess the authenticity and legality of evidence acquisition (bewijs voering). This normative legal research uses a comparative law approach and deductive syllogistic analysis to construct an enhancement of judges' technical capacity in verifying metadata, digital evidence integrity, and applying digital forensic standards in line with developments in Singapore's Electronic Transactions Act and Malaysia's Electronic Evidence Act. The findings of the study indicate that reform of the evidence system in Indonesia requires synergistic harmonization between the expansion of judicial authority as stipulated in Article 222(4) and (5) of the Draft Criminal Procedure Code and the strengthening of judges' technical digital competencies. These provisions grant judges the authority to actively assess the authenticity and legality of evidence acquisition, including electronic evidence, which requires a deep understanding of technical aspects such as metadata, data integrity, and digital forensic procedures. However, without this technical capacity enhancement, the expansion of judicial authority risks being ineffective and may even lead to wrongful convictions, which contradicts the principles of the due process model. Therefore, this harmonization must not only address normative and legal aspects but also practical implementation through intensive training for judges in information technology and digital forensics, as well as the provision of supporting facilities in courts. This approach aligns with practices in modern jurisdictions such as the United States and Singapore, which integrate the exclusionary rule with high technical standards to ensure procedural justice and optimal protection of defendants' rights. Thus, this reform is expected to strengthen the credibility of the Indonesian judiciary in facing the challenges of the digital age and prevent the misuse of evidence that could undermine substantive justice.
In the Nick of Time: The Legitimacy of Imposing Deadlines on Appeal and Counter-Appeal Memoranda in Civil Procedure Serfiyani, Cita Yustisia; Wibisono, Angelica Milano Aryani; Wibisono, Jeniffer Avrillya; Taniady, Vicko
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.77372

Abstract

The modernization of Indonesia’s civil justice system through the e-Court platform has generated a significant normative conflict by imposing a strict seven-day deadline for submitting appeal and counter-appeal memoranda under Supreme Court Decision Letter No. 363/KMA/SK/XII/2022. This regulation conflicts with several higher legal instruments—including the Herziene Indonesisch Reglement (HIR), RBg, Law No. 20 of 1947, and Constitutional Court Decision No. 22/PUU-XX/2022—which confirm that such submissions are optional and are not subject to fixed time limits. This research offers a comprehensive analysis of the normative inconsistency by employing a legal research method grounded in procedural justice theory. Using statutory and conceptual approaches, it assesses whether the decision letter rests on a valid legal basis and whether it comports with the principles of fair civil procedure. The findings indicate that the decision letter imposes a formal requirement that exceeds the Suipreme Court’s legal authority, creates a conflict of norms, and undermines litigants’ procedural rights. The study therefore recommends that the Supreme Court undertake a judicial review to resolve the inconsistency and restore legal certainty in Indonesia’s civil justice system.
Subordinate Justice to Forensic Scientists: Indonesia's Authority and Regulation Gap Prasetya, Muhammad Djaelani; Ilyas, Amir; Saraka, Erwin Mansyur Ugu; Ratnawati
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.77587

Abstract

Abstract This study confirms the existence of fundamental contradictions in the application of Forensic Science in the Indonesian Criminal Justice System (CJS). Although globally recognized as a vital instrument for uncovering material truth and ensuring accountability, its status within Indonesia's legal framework, including the newly promulgated KUHAP 2025, remains implicit, partial, and subordinate to the judiciary. An analysis of regulations and verdict studies (murder, narcotics, and poisoning cases) shows that the Criminal Code reduces the value of forensic scientific evidence to indicative evidence, not explicit or primary evidence. Institutionally, regulation is still centered on Forensic Medicine, ignoring other Forensic Scientist disciplines (such as DNA and Toxicology). This gap is exacerbated by inconsistencies in expert qualifications in field practice, indicating a human resource crisis and the absence of comprehensive standards. The attachment of forensic institutions exclusively to the police creates a serious challenge to their independence and impartiality. Doctrinally, these findings demand the transformation of Forensic Science's position from a mere tool to an essential component that is mandatory and independent. This demand requires the explicit integration of Forensic Science as a strong type of evidence in the Criminal Code and the establishment of procedural standards and codes of ethics to ensure a scientific, objective, and effective evidentiary process to prevent the risk of human rights violations.
Assessing Outsourced Workers' Normative Rights Protection in the Electricity Sector Following Labor Policy Reform Gede, I Gede Ayusta DG; Marwati Riza
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.80034

Abstract

Protection for workers aims to ensure welfare, equality of rights, and freedom from discrimination, including for outsourced workers as implemented by PLN. The enactment of the Job Creation Law has brought changes to the outsourcing contract scheme at PLN, which was previously based solely on subcontracting and has now changed to three types: subcontracting, volume-based, and mixed. The change in the contract scheme has affected the status of outsourced workers, making them workers with Fixed-Term Employment Agreements (PKWT) who are no longer directly recorded and supervised by PLN. This condition triggers the potential vulnerability of normative rights for outsourced workers, such as job security, severance pay, social security, and protection from termination of employment. This research emphasizes the need for policy evaluation and adjustment to ensure that the legal protection for outsourced workers continues to align with the constitution and principles of social justice. This study aims to analyze the impact of Law Number 11 of 2020 concerning Job Creation (Job Creation Law) on the legal protection and rights of outsourced workers at PT PLN (Persero) Makassar Region, highlighting the shift in contract schemes from permanent to fixed-term contracts and the potential weakening of protections, as well as providing policy recommendations for social justice and legal certainty for workers. The research uses a doctrinal method with systematic and qualitative analysis of the relationships between regulations, concluding with an analysis of PLN's outsourcing policy post-Job Creation Law, which includes guarantees when outsourcing workers' rights.

Page 23 of 23 | Total Record : 229

 19   20   21   22   23 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol. 9 No. 1 (2026): MEDIA IURIS Vol. 8 No. 3 (2025): MEDIA IURIS Vol. 8 No. 2 (2025): MEDIA IURIS Vol. 8 No. 1 (2025): MEDIA IURIS Vol. 7 No. 3 (2024): MEDIA IURIS Vol. 7 No. 2 (2024): MEDIA IURIS Vol. 7 No. 1 (2024): MEDIA IURIS Vol. 6 No. 3 (2023): MEDIA IURIS Vol. 6 No. 2 (2023): MEDIA IURIS Vol. 6 No. 1 (2023): MEDIA IURIS Vol. 5 No. 3 (2022): MEDIA IURIS Vol. 5 No. 2 (2022): MEDIA IURIS Vol. 5 No. 1SpecialIssue (2022): MEDIA IURIS Vol. 5 No. 1 (2022): MEDIA IURIS Vol. 4 No. 3 (2021): MEDIA IURIS Vol. 4 No. 2 (2021): MEDIA IURIS Vol. 4 No. 1 (2021): MEDIA IURIS Vol. 3 No. 3 (2020): MEDIA IURIS Vol. 3 No. 2 (2020): MEDIA IURIS Vol. 3 No. 1 (2020): MEDIA IURIS Vol. 2 No. 3 (2019): MEDIA IURIS Vol. 2 No. 2 (2019): MEDIA IURIS Vol. 2 No. 1 (2019): MEDIA IURIS Vol. 1 No. 3 (2018): MEDIA IURIS Vol. 1 No. 2 (2018): MEDIA IURIS More Issue