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Erni Agustin
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INDONESIA
Media Iuris
Published by Universitas Airlangga
ISSN : -     EISSN : 26215225     DOI : -
Core Subject : Social,
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 237 Documents
The Urgency of Industrial Standard Classification Regulations for Green Hydrogen Investment in Indonesia Sang Ayu Putu Rahayu; Rahayu Fery Anitasari; Dina Silvia Puteri; Asrul Ibrahim Nur
Media Iuris Vol. 9 No. 2 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i2.80116

Abstract

This study examines the urgent need to establish a specific Indonesian Standard Industrial Classification (Klasifikasi Baku Lapangan Usaha Indonesia/KBLI) for green hydrogen investment as a normative legal necessity within Indonesia’s sustainable energy transition and its commitment to achieving Net Zero Emissions (NZE) by 2050. In fulfilling its obligations under the Sustainable Development Goals (SDGs) and its national low-carbon development agenda, Indonesia has adopted various policies promoting renewable energy and green hydrogen development. Nevertheless, the current KBLI framework has not yet provided a distinct classification for green hydrogen-related activities, resulting in their continued inclusion under general gas or manufacturing categories that are normatively and technically inadequate. This study employs a normative legal research method, drawing on statutory and comparative approaches, to evaluate the coherence of Indonesia’s regulatory framework with the principles of legal certainty, regulatory clarity, and good governance. In addition, it compares Indonesia’s KBLI system with regulatory practices in selected jurisdictions that have established specific industrial classifications for green hydrogen. The analysis indicates that the misclassification of green hydrogen-related activities under the KBLI regime may result in significant legal and administrative consequences, particularly in business licensing, environmental permitting, and investment approval processes, as each KBLI category entails distinct regulatory obligations. Therefore, the establishment of a specific KBLI for green hydrogen constitutes not only an administrative adjustment but a normative imperative to ensure legal certainty, promote sustainable investment, and support technological innovation. Such regulatory reform is essential to accelerate the development of Indonesia’s clean energy ecosystem and to align national industrial governance with constitutional mandates and international sustainability commitments.
Can the AI Lawyer Be Applied in the Judicial System? Legal Perspectives in Indonesia and Malaysia Kholilur Rahman; Nadhira Wahyu Adityarani; Muhammad Dzulfikar Syaiful Ali; Zuhairah Ariff Binti Abd Ghadas
Media Iuris Vol. 9 No. 2 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i2.80740

Abstract

In the 21st century, technological developments have brought about significant changes to all aspects of human life in all sectors without exception. In recent years, challenges in the legal profession have become increasingly complex following the emergence of a recent innovation that has attracted the attention of many people around the world, namely the use of artificial intelligence-based software that can help users solve legal problems. For this qualification, its validity also needs to be reviewed based on the applicable Advocate Law and Advocate Code of Ethics, as well as the urgency of strict regulation and supervision to ensure that the position of AI lawyers does not have a negative impact on law enforcement as a whole. The formulation of the research problem begins with a discussion of the position of AI lawyers as legal subjects. The research method used is normative using a legal approach, as well as a conceptual approach and comparative approach. This article analyses the existing rules and procedures used in courts that may allow or restrict the application of AI in the judicial system.
Legal Certainty and Prospects of Marriage Agreements as a Shield for Family Resilience and Welfare Anjar SC Nugraheni; Adalia Safira Rahma
Media Iuris Vol. 9 No. 2 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i2.81962

Abstract

The increasing divorce rate annually is a shared concern. This is occurring in all countries, including Indonesia. The leading cause of divorce in Indonesia is financial reasons, which create disharmony within families. This urges couples to better manage their family finances, and one way of doing this is through drafting a pre-nuptial or post-nuptial agreement. This article analyzes the development of marriage contracts in Indonesia based on the theory of legal certainty. Based on the theory of legal protection, marriage contracts have been evaluated as an instrument for maintaining family resilience and well-being. The research method used was normative legal research based on secondary data in the form of primary and secondary legal materials. The analysis technique used qualitative methods. The results of the research indicate that the legal institution of marriage agreements in Indonesia has undergone remarkable development in realizing legal certainty at the normative level. However, at the factual level, particularly regarding the parties’ implementation of the marriage agreements, it remains weak. The aforementioned development from the normative side allows marriage agreements to become highly flexible, thereby holding great potential as a shield for family resilience and well-being to avoid divorce. Vigilance is necessary to ensure that marriage agreements do not become instruments of legal smuggling.
Legal Architecture of Digital Trade in East African Community: Emerging Issues and Persistent Challenges Saiful Abdullah; Paul Atagamen Aidonojie; Muwaffiq Jufri; Godswill Owoche Antai; Collins Ekpenisi
Media Iuris Vol. 9 No. 2 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i2.83240

Abstract

Digital technology has, over time, shaped all sectors virtually within the global terrain. One of these sectors that has had its fair share is the economic sector, most especially trading within the global community. Digital economic trade is considered a major driver of regional cooperation and integration in the East African Community (EAC). However, to solidify and address the uniformity of digital trade in EAC, several regional laws have been adopted. Despite these laws, there seem to exist several legal and socio-economic challenges. Hence, it is in view of this that this study seeks to examine the EAC laws on digital trade, prospects and challenges. The study adopts a doctrinal method guided by the PRISMA Guide in obtaining and screening data from primary and secondary research materials. Hence, 8 laws, 8 books, 35 articles, 12 theses/dissertations and 10 reports were relied on, respectively. The data obtained were analyzed through descriptive and analytical methods. The study found that digital trade in EAC provides a lot of potential for ease of trading, and the current EAC laws support a unified digital market. However, the study further identifies that the laws are not comprehensive enough to address current digital technology challenges as they exist in soft law. Also, limited enforcement and unequal digital infrastructure could result in a major barrier. The study concludes that to address these challenges, there is a need for incorporating provisions within the laws that will address the gaps, identify, support and strengthen institutional enforcement capacity and cooperation towards lending support as it concerns digital infrastructure among member states.
Application of the Principle of Freedom of Contract in the Form of Undue Influence Through the Imposition of Handling Fees on Shopee Evi Kongres
Media Iuris Vol. 9 No. 2 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i2.84341

Abstract

In the context of e-commerce, Shopee has introduced handling fees. When buyers seek information regarding this fee, they are informed that to avoid the handling fee, they must utilize the SeaBank payment method. This practice constitutes a form undue influence in contractual relations, emerging from a significant disparity in the bargaining power between the contracting parties. The absence of regulatory provisions governing the imposition of service or platform fees in existing legislation has facilitated irregularities in electronic contracts, placing buyers at a disadvantage. This study addresses the legal challenges of handling fees. This study adopts a normative legal research methodology. This research also uses legal concepts, principles and theories to analyze the legal issues and laws and regulations. The data was processed using a descriptive qualitative method. The findings of this research indicate that the unrestricted application of the principle of freedom of contract often results in standardized terms in electronic contracts. These standardized terms disproportionately favor the parties with greater bargaining power, thereby exacerbating the vulnerability of weaker parties. Consequently, this study underscores the necessity for legal protection through preventive measures, primarily in the form of legislative intervention.
Towards Responsible AI in Construction Arbitration: Legal and Ethical Standards in India and Malaysia Saslina Kamaruddin; Muhammad Izwan Ikhsan; Nadia Nabila Mohd Saufi; Niteesh Kumar Upadhyay
Media Iuris Vol. 9 No. 2 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i2.84997

Abstract

Artificial intelligence (AI) in construction arbitration can enhance efficiency, lower costs and speed up dispute resolution. But this integration creates a fundamental legal tension between the “black-box” nature of AI systems and the statutory duty of arbitrators to provide human-reason awards. The study adopts a doctrinal legal research methodology to compare the regulatory readiness of the two jurisdictions for AI in construction arbitration, addressing a unique gap in the existing literature concerning emerging Asian economies like India and Malaysia. In Malaysia, interim statutory adjudication and commercial arbitration are clearly differentiated by their comparative parameters. The paper distinguishes between administrative AI tools and algorithms for decision-making and addresses major legal risks, including potential violations of due process, the ‘equality of arms’ and cross-border data protection limitations within the framework of Malaysian and Indian legal systems. Finally, the article synthesises comparative global practices from the EU, US and China to suggest a “Hybrid Governance Model”. This model balances soft-law institutional guidelines against hard-law statutory amendments in a systematic manner to safely embed AI into construction dispute resolution, all while rigorously safeguarding procedural fairness and arbitral enforceability.
Restorative Justice in Handling Cyberbullying of Children in Indonesia: A Perspective on Victimology and Global Learning Moh. Hariyanto; Muhammad Fadli Chainnurriezqy; Laila Himmatul Fajriyah
Media Iuris Vol. 9 No. 2 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i2.87243

Abstract

In this study, the application of restorative justice in the handling of cyberbullying cases against children in Indonesia is aimed to be analyzed through a victimization perspective, and global lessons by which legal protection and victim recovery are strengthened are examined. The method that is used is normative legal research with a descriptive-analytical approach, through a legislative, conceptual, and comparative analysis of international practices in Finland, New Zealand, and Australia. It is shown by the results of the study that Indonesia’s legal system, which is still retributive, is not optimal in the protection and rehabilitation of children victims of cyberbullying, so that secondary victimization is potentially caused. A normative basis is provided by the restorative justice approach in the SPPA Law, but the characteristics of cyberbullying such as anonymity and permanent digital footprints have not been specifically addressed by its implementation, and it has not been fully oriented towards victim recovery. It is revealed by comparative studies that victim-centered justice models with mechanisms such as restorative dialogue, group conferences, and integrated psychosocial support are effective, so that victims are recovered and accountability is demanded from perpetrators. It is concluded by this study that a victimology-based restorative justice approach by which global learning is integrated needs to be reconstructed, through the development of specific operational guidelines, the strengthening of the capacity of the apparatus, and the building of multi-sectoral collaboration, so that a more humane handling model, by which victim recovery is focused on and which is in accordance with the Indonesian legal context, is created.