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Media Hukum Indonesia (MHI)
Published by Yayasan Daarul Huda Kruengmane
ISSN : -     EISSN : 30326591     DOI : https://doi.org/10.5281/zenodo.10995150
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 85 Documents
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Search results for , issue "Vol 2, No 2 (2024): June" : 85 Documents clear
Politik Hukum Pembentukan Undang-Undang Nomor 27 Tahun 2022 Tentang Pelindungan Data Pribadi Rizqiyanto, Naufal; Rohman, Azmi Fathu; Raya, Faiz Al-Haq Maulabeta
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10995150

Abstract

Protection of personal data is an issue that is closely related to human rights. The existence of regulations before the establishment of “Undang-Undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi” (UU 27/2022) is considered inadequate. The legal politics of forming statutory regulations is urgent to understand so that the intent and purpose of a regulation can be known. Therefore, this normative juridical research seeks to answer the legal politics of the formation of Law 27/2022. The indicators used to analyze the legal politics of establishing are political configuration, “Naskah Akademik”, state ideology, and public participation. The research results show that the legal politics of establishing Law 27/2022 is to form national regulations to protect people's personal data. In the context of political configuration, the PDP Law was proposed by the Government and received approval from parliament. Then the state ideology has been realized in the PDP Law, marked by the existence of state goals and Pancasila values. The public participation process is carried out by involving related parties in Public Hearing Meetings.
Analisis Penggunaan Barang Bukti Digital di Dalam Sistem Hukum di Indonesia (Studi Kasus Putusan Nomor 3 K/PID.SUS/2019) Saragih, Alexandra Exelsia; Christian, Noel; Khoirunisa, Pujia
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12082755

Abstract

The rapid advancement of technology is also accompanied by an increasing security system in response to cybercrime that is increasing drastically. As a result, cybercrime perpetrators are always more active and faster to make new breakthroughs in the security system formed by anti-cybercrime. Evidence in cybercrime cases is divided into two criteria, namely electronic evidence and digital evidence. This study aims to test whether the evidence contained in the related case studies meets the requirements and the validity of digital evidence according to the legal system in Indonesia. In this study, a normative juridical law research method is used, namely by researching literature and laws and regulations that discuss information and electronic transactions which are then focused on examining the use of digital evidence in a case study. The results of the study show that the digital evidence in this case has met the formal and material requirements. This study also shows that there are several challenges in the process of examining digital evidence.
Khiyar Aib Menurut Pandangan Pimpinan Cabang Istimewa Muhammadiyah Arab Saudi Anas, Muh Fauzi; Bakri, Mukhlis; Hijaz, M. Chiar
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11147249

Abstract

The Special Branch Leadership is a group of Muhammadiyah members and its supporters based in a city or country outside the territory of the Republic of Indonesia. This group is recognized and established by the Central Leadership of Muhammadiyah. The establishment of the Special Branch can be initiated by Muhammadiyah members or supporters in that location, or based on a direct initiative from the Central Leadership of Muhammadiyah.This research aims to understand the views of the Special Branch Leaders of Muhammadiyah in Saudi Arabia regarding Khiyar Aib in the context of marriage, as well as to comprehend what faults may entitle someone to the right of khiyar in marriage. This research employs a qualitative method. Data is gathered through a series of interviews supported by documentation. The subjects of the study include the daily management body and the chairpersons of the special branch leadership council of Muhammadiyah in Saudi Arabia. To collect data, the author utilizes various techniques, including observation, interviews, and documentation. The research is conducted in the city and district of Madinah Al-Munawwarah. According to the leadership of the special branch of Muhammadiyah in Saudi Arabia, the results of this research state that khiyar based on the faults of one's spouse is considered lawful and in accordance with Shariah. The khiyar right can also be brought before the court by both parties, whether male or female. Although this khiyar right remains relevant for application in contemporary times, it is crucial to exercise it with caution and not to use it as a pretext to undermine the sanctity of marriage. Additionally, it is important not to apply it hastily, so as not to create uncertainty in marital relationships.
Implementasi Artificial Intelligence (AI) Dalam Proses Perubahan Konstitusi dan Implikasinya Darmawan, Abqary Faraz; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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

Abstract

Developments over time continue to occur and the constitution itself often evolves with the times, so it is necessary to draft a "living" constitution, namely one that can keep up with the times and adapt to the needs of society. In general, the constitution is a guideline that regulates the running of the government, limits power, and guarantees human rights so that the government does not act arbitrarily. With the rapid development of technology in this day and age, technology such as Artificial Intelligence (AI) is starting to emerge, and so new ideas are emerging to facilitate the process of changing the constitution, namely by implementing AI. From there, questions arise such as how AI can be implemented into the constitutional change process and its implication. This article uses normative juridical methods by studying documents or literature. This research is based on several approaches, namely the conceptual approach, the statutory approach and the historical approach. With the application of Machine Learning for AI, it will be possible to implement AI in constitutional changes. AI will provide ideas and recommendations for changes to regulations that are felt to be no longer in line with people's aspirations. AI can also provide an overview of the impact of the changes to be made. Apart from that, AI will supervise changes to the constitution. The implementation of AI in constitutional change has significant implications, one of which is making the constitutional change process more efficient.
Pengaturan Hukum Terhadap Penggeseran Hari Libur dan Implikasinya Terhadap Upah Lembur Tenaga Kerja di Indonesia Yuli, Yuliana; Devi, Murtanti Fajarrani; Restia, Salsabila; Anindya, Salma Elsa; Asmara, Daffi Allegra; Azzahra, Dinda; Harsanti, Khairunnisa Putri
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11396295

Abstract

The shifting of holidays has become an important issue in labor regulation in Indonesia. This policy is often carried out to increase productivity or to comply with government policies. However, shifting holidays can impact overtime wages for workers. This journal aims to analyze the legal regulations regarding holiday shifts and their implications for overtime wages in Indonesia. The research method used is normative analysis of regulations related to labor and overtime wages. The results show that the legal regulations regarding holiday shifts in Indonesia are mainly regulated in Law Number 13 of 2003 concerning Manpower. However, the implementation of these regulations has not fully accommodated the interests of workers, especially regarding overtime wages. This is due to inaccuracies in the definition and provisions related to overtime wages in the applicable law. The implications of holiday shifts on overtime wages for workers in Indonesia can be felt in various aspects, such as a reduction in overtime wages or ambiguity in calculating overtime wages due to holiday shifts. Therefore, improvements in legal regulations are needed to provide better protection for workers regarding overtime wages
Situs Judi Online Ilegal: Mengurai Implikasi Hukum dan Upaya Penegakan Insani, Gema Mutiara; Farbadi, Mayla Putri; Azalia, Zatira Rahma; Nugroho, Andriyanto Adhi
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11846379

Abstract

Online gambling has become a growing phenomenon in Indonesia along with advances in information and communication technology. Even though gambling is generally prohibited in Indonesia, online gambling activities can still be accessed by the public through gambling sites from abroad. This journal outlines the legal implications of online gambling in Indonesia as well as law enforcement efforts that have been and will be carried out by the government to overcome this problem. Parties involved in online gambling, both organizers and players, may be subject to criminal sanctions in accordance with applicable regulations. Apart from that, online gambling is also related to issues of money laundering and consumer protection. The government has taken steps such as blocking online gambling sites, international cooperation, increasing public awareness, and law enforcement to overcome the rise of online gambling.
Kedudukan Alat Bukti Elektronik Dalam Pembuktian Tindak Pidana Ilham, Ade Ihwana; Shuhufi, Muhammad; Amin, Abd. Rauf Muhammad
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12301170

Abstract

This research aims to determine and analyze the status of electronic evidence, especially in criminal acts. This journal writing method uses a normative legal method using a statutory approach and a conceptual approach. The results of the study show that the position of electronic evidence is an expansion of documentary evidence and instructions based on 184 of the Criminal Procedure Code. Even though the Criminal Procedure Code does not regulate the lex generalis, for the sake of creating substantial truth, electronic evidence guidance tools can be used as valid evidence in criminal trials. In criminal procedural law there is no hierarchy of evidence. However, in its development, electronic evidence must be considered in making clear a criminal case.
Analisis Kekerasan Seksual di Lingkungan Kampus Menurut Perspektif Hukum dan Masyarakat Manurung, Citra Bintang Maranatha; Ghufriani, Deliana Rinasari; Winata, Henry; Aulia, Meidina; Akbar, Muhamad Aria Torik; Sihombing, Oremia Exilla Rafelina; Pinasti, Putri; Aini, Qurrotul; Tetrya, Selvi; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11350896

Abstract

Sexual violence on campus is a serious concern in society, with cases occurring that not only affect victims physically, but also psychologically. This research aims to understand the causes of sexual violence in the campus environment and the preventive measures taken by the campus. The research method used is library research. The causes of sexual violence on campus include an imbalance of power between the perpetrator and the victim, abuse of power by lecturers or campus officials, certain promises or lures given by the perpetrator to the victim, and a gender perspective that positions women always under men. Prevention of sexual violence on campus requires effective strategies, such as the establishment of a task force for the prevention and handling of sexual violence on campus and cooperation with external institutions or organizations that have expertise in handling cases of sexual violence. Periodic evaluation of prevention policies and programs is also important to ensure their effectiveness. Prevention of sexual violence on campus requires a joint effort from all relevant parties to create a safe and supportive campus environment for all its members
Analisis Dinamika Masyarakat Dalam Berdemokrasi di Era Pra- Reformasi dan Pasca-Reformasi Dalam Pemilihan Umum Zahratu, Nazwa Salsabila; C, Chatrine; Fiandie, Ursula Jacqueline; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12600937

Abstract

In 1945, Indonesia proclaimed its independence from colonial rule. In the following decades the Indonesian nation has experienced significant changes, especially in the government system. This article discusses the analysis of elections in Indonesia, which are influenced by the development of a democratic government system. The method used is normative juridical, where legal research is carried out by examining library materials or secondary data. This research uses a literature study as a data collection method. The research concludes that the implementation of a democratic system cannot be separated from the implementation of constitutional democracy. Democracy is chosen over other systems because it is considered the best. Making people aware of their rights and obligations, and democracy must be fully carried out by "Policy Makers" as the power to regulate and/or run the government in accordance with the law.
Analisis Dampak Lingkungan Wilayah Pesisir Akibat Tumpahan Oil Spill di Karawang Annisa, Nur Afif; Vionica, Putri; Kamal, Ubaidillah
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11261952

Abstract

Oil spills in the sea have a very bad impact on marine ecosystems. The oil contains dangerous chemicals that can harm marine life. Fish and other marine life absorb these toxic chemicals, which can cause their death and population decline. In addition, oil spills irritate the eyes, skin and respiratory tract and can be fatal. The approach method used is a legal research method that focuses on normative analysis of the law. Naturally, this pollution has an impact on the environment, public health and the economy around Karawang Waters. People are experiencing shortness of breath and headaches due to the smell of the oil spill. The actions carried out by Pertamina are considered a very serious environmental crime. This is because the company encourages fishermen to go straight into the water to handle waste, without involving appropriate professionals, and without providing outreach.

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