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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
Analisis Yuridis Penetapan Anak Dengan Status Kewarganegaraan Ganda Ditinjau Dari Hukum Perdata Internasional (Studi Kasus Penetapan Nomor 703/Pdt.P/2019/PN.Jkt.Utr) Permatasari, Deshy Eka; Laurenza, Dias Prima; Zahra, Lintang Aulia; Azzahra, Natasya Fhadyah; Zahia, Reyna
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.12088943

Abstract

In the era of globalization, the increasing number of mixed marriages between Indonesian citizens (WNI) and foreign citizens (WNA) is becoming an increasingly common phenomenon. These marriages often produce children who have the potential to have dual citizenship, which poses significant challenges in terms of civil rights, access to education, inheritance rights, and other legal obligations. Indonesia has regulated this issue through Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia, which allows children resulting from mixed marriages to have dual citizenship up to a certain age. This research uses a normative juridical approach and a case approach to analyze the application of international private law to the determination of dual citizenship status for children resulting from mixed marriages. Case study of Determination Number 703/Pdt.P/2019/PN. Jkt. Utr is used to describe the implementation of the rule. The research results show that even though regulations exist, their implementation faces various obstacles, both from administrative and legal aspects. In addition, this research identifies the importance of strengthening international cooperation, empowering consumers, and developing innovation in the online lending industry to increase financial access and consumer protection. Continuous evaluation of regulatory effectiveness is also critical to ensure that regulations remain relevant and responsive to technological developments and changing business practices.
Penegakan Hukum Bagi Pengguna Sepeda Listrik di Jalan Raya Dalam Perspektif Hukum Positif Indonesia (Undang-Undang Lalu Lintas) Hermawati, Mutiara; Hanan Nuhi, Muhammad; Andari, Astriana; Marito, Eugina Evita; Farros, Naufal; Josua, Haezer; 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.11151871

Abstract

The emergence of electric bicycles has become a special focus of the government as an effort to reduce the use of conventional gasoline-fueled vehicles in order to reduce the level of pollution due to gas emissions produced by these vehicles. Therefore, various laws and regulations have been issued to regulate electric bicycles, such as Law Number 22 of 2009 concerning Road Traffic and Transportation and Minister of Transportation Regulation No. 45 of 2020 concerning Certain Vehicles Using Electric Motor Drives. However, in reality, it is the users of electric bicycles who cause many cases of traffic violations due to misuse of electric bicycles as a result of the absence of strict sanctions stated in these two laws. The aim of this research is to explain the legal regulations for every electric bicycle user in Indonesia as well as what legal measures are used by the government to increase public compliance as electric bicycle users, especially on the highway. The research method used in this research is qualitative in the form of a case study with the data collection method for this research using the literature study method. The conclusion of this research is that as a result of the emergence of various traffic violations by electric bicycle users, regulatory updates are needed in an effort to provide clarity regarding the restrictions that must be met and the prohibitions that must be avoided by every electric bicycle user. The advice we give is to update the laws and regulations regarding restrictions and strict sanctions if electric bicycle users commit violations as an effort to enforce law in Indonesia.
Literature Review: Penerapan Sistem Merit Dalam Proses Rekrutmen dan Seleksi Polri Maulitya, Tannya Athalla; Novitrisani, Yulinda; Supriyadi, Tugimin
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.12521668

Abstract

The National Police of the Republic of Indonesia, also known as Polri, is a governmental agency responsible for upholding security, enforcing laws, and safeguarding public order. It plays a crucial role in ensuring domestic security by providing protection and services to the people. The selection process for recruiting police officers is a crucial stage in assessing the calibre of potential candidates. This study use a literature review methodology to gather and evaluate diverse literature sources pertaining to pertinent subjects. The research findings demonstrate the significance of implementing a merit-based system in the recruitment and selection process to acquire highly skilled, promising, and competent National Police non-commissioned officers, irrespective of political affiliation, race, ethnicity, religion, nationality, gender, marital status, age, or disability status. However, the merit system is currently not being implemented properly due to deviations from established rules and other hurdles encountered at each level of the selection process.
Perlindungan Hukum Bagi Karyawan Giant Supermarket Sebagai Korban Pemutusan Hubungan Kerja Tambunan, Joy Catherine Carina; Wahdah, Azzhara Nikita; A, Annisa; Prawira, Rio Nusa
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.11399390

Abstract

Legal protection for employees affected by layoffs is important. Termination of employment has a big impact on employee welfare, especially for those who work in large companies like Giant. In this research, there is a formulation of the problem that will be discussed, namely (1) The concept of legal protection for employees who experience termination of employment (PHK) by the company when viewed from the case of layoffs of Giant Supermarket employees; (2) The form of settlement provided by law and its implementation in the case. The aim of this research is to find out the concept of legal protection for employees affected by layoffs and what the form of resolution is in law and implementation in related cases. This research uses a normative method that is guided by legal norms, legal principles, and positive Indonesian law relating to employment law. From this research, the results obtained are (1) This labor law can create regulations that force employers to comply and are obliged to guarantee the welfare of their workers. Regulations regarding layoffs can be found in the twelfth chapter of the Employment Law in Articles 150 to 172, totaling 18 articles. Meanwhile, in Part Five of the Job Creation PERPU, provisions regarding termination of employment are regulated in Articles 151, 151A, 153, 154A, 156, 157, 157A, and 160; (2) Based on Article 151 paragraph (2) Legal protection, namely legal protection that is preventative (preventive) and law enforcement (repressive). Employers are obliged to inform workers/labor unions of their intentions and reasons for layoffs before they are carried out.
Implikasi Hukum dari Tindak Kejahatan Anak di Bawah Umur: Analisis Kasus Bullying di Pondok Pesantren Al-Hanafiyah Kediri Sachmaso, Hana Humaira; Harsanti, Khairunnisa Putri; Izzati, Aulia Putri; Fawwaz, Razky; Prasetyo, Handoyo
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.11849919

Abstract

Bullying is defined as the abuse of power by an individual or group against a weaker party, which causes physical, psychological or social suffering to the victim. Based on Law Number 35 of 2014, bullying against children is a criminal act with heavy legal sanctions. A case study of students in Kediri who died as a result of abuse at the Islamic boarding school shows the serious impact of bullying. This research uses normative juridical methods to analyze regulations and legal protection for victims of bullying, as well as legal implications for perpetrators who are still minors. The findings show that lack of supervision and wrong parenting patterns contribute to the high number of bullying cases in Islamic boarding schools. To prevent similar incidents, a restorative justice approach and collaboration between the government, schools and the community is needed to protect children from violence.
Perbandingan Kebijakan Cuti Paternitas Perwujudan Kesetaraan Dalam Lingkup Ketenagakerjaan Antara Indonesia Dengan Singapura dan Filipina Puspitarini, Nabilah
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.12310105

Abstract

Gender equality is a frequently raised issue in important discussions or meetings of policymakers. This is because gender equality is related to various aspects, especially in the field of employment. In general, countries in the Asian continent still uphold a patriarchal culture. This has an impact on the employment aspects in each country. Therefore, this study will examine the comparison of paternity leave policies in several Asian countries using a qualitative research method. Based on the analysis and assessment that has been carried out, the comparison of paternity leave policies between Indonesia, the Philippines, and Singapore states that among these two countries, Indonesia still does not have specific legal regulations regarding paternity leave. Indonesia also still needs to add the duration of paternity leave not only limited to 2 to 5 days compared to the other two countries. In addition, patriarchal culture and different leave policies for civil servants and private employees hinder the implementation of equal paternity leave policies.
PHK Secara Sepihak Terhadap Karyawan Pabrik Ban Goodyear Bogor Ditinjau dari UU Ketenagakerjaan Hibatullah, Abdurrafi; Tambunan, Daniel; Hadhani, Muhammad Gading Bintang; Rasyad, Pasha Athallah
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.11364002

Abstract

Employment law in Indonesia is very important to ensure that citizens can obtain jobs as well as recognized rights and obligations. The employment relationship resembles a binding agreement between the employer and the worker, in which there are balanced rights and responsibilities. This is regulated by various parties, including employers, the government, wage boards, and labor unions. However, there are problems in the labor sector in Indonesia, one of which is unilateral termination of employment (PHK) by companies. One example of unilateral termination of employment in Indonesia is the case of the unilateral dismissal of 44 employees at the Goodyear tire factory. The author uses a normative juridical method. Primary legal sources are taken from Law No. 13 of 2003 concerning Manpower, while secondary legal sources are obtained through a review of legal literature related to labor, journals, and the internet. This study aims to understand labor issues in Indonesia, namely unilateral termination of employment by companies. The results of the study indicate that the implementation of termination by the company towards the employees of the Goodyear tire factory should comply with Law No. 13 of 2003 concerning Manpower. The company must also be responsible to the employees by paying severity pay, service appreciation money, and compensation for rights that should be received.
Penegakan Hukum Terhadap Kebakaran Hutan Guna Mengurangi Permasalahan Lingkungan Hidup di Indonesia Susiyanti, Anissa; Emilia, Setyani Hilda; 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.11262301

Abstract

The environment is a gift from God Almighty that we must take care of and preserve. The environment as a resource is an asset that can be needed for the welfare of society. But the problem of pollution and environmental damage in Indonesia is increasing day by day. Like the occurrence of forest fires, where forests are the lungs of the world. Forest fires can be caused by both natural factors and Human Factors. Forest fires also have an impact on all aspects of life, which causes pollution pollution that can have an impact on all living things. Therefore, there is a need for participation from the government and the community to deal with the problem of forest fires. This study aims to determine the law enforcement in Indonesia against forest fires that occur in Indonesia. This study uses descriptive qualitative research methods. This study discusses the effectiveness of law enforcement in handling forest fires in Indonesia and how efforts can be made to prevent forest fires in order to reduce environmental problems in Indonesia.
Implementasi Nilai-Nilai Kebangsaan Bersumber UUD 45 dan NKRI Pada Peran Manajemen Sekuriti Guna Meningkatkan Kesadaran, Keamanan Data Pribadi Media Sosial Instagram Naomira, Allysa Devia; Soesanto, Edy; Vilani, Laurencia
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.11209977

Abstract

In the digital era which is increasingly developing rapidly, information technology and the internet have revolutionized the way humans communicate. One of the impacts is the emergence of social media as the main platform for interacting and exchanging information. Social media such as Instagram has become an inseparable part of human life. This platform is not only a means of obtaining information, but also a forum for sharing and disseminating information to a wide audience. However, easy access to information on social media, including personal data and privacy, opens up opportunities for abuse. This needs to be taken care of so that interactions on social media are safe and avoid danger. Personal data is an important element of human rights, closely tied to personal rights and the right to privacy. This is confirmed in the 1945 Constitution and human rights principles which guarantee security for every individual. In Indonesia, personal data protection is still weak, the personal data law has just been enacted in Law no. 27 of 2022 concerning Personal Data Protection. as one source of leakage of personal data information due to low awareness of users regarding personal data security. This is made worse by the lack of education and training from Instagram.
Tinjauan Pengaturan Mengenai Pemenuhan Hak Anak Sebagai Korban Kejahatan Asusila di Indonesia Rinanti, Pitra; Sigiro, Talenta Ribka; Alifiandra, Muhammad Reiza; Fadhillah, Muhammad Arif; Prasetyo, Handoyo
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.11962817

Abstract

When discussing sexual crimes against children, it is not only about the concept of sexual offenses but also about the nature of perpetrators and victims and how society and law enforcement handle such crimes. Data shows that cases of sexual crimes against children are increasing, indicating that children still frequently fall victim to sexual crimes. This proves that it is difficult for children to feel safe and unaffected by sexual crimes. In this study, the author uses a normative juridical research method that is qualitative in nature, which relies on a legal norm existing in legislation, accompanied by norms that have developed in society. This research is descriptive-analytical, meaning the author elucidates the legislation related to various legal theories that are the object of research. The Criminal Code (KUHP) has regulated sexual offenses in Chapter XIV, which covers 20 criminal law provisions divided into the material of indecency in public, such as acts of openly violating decency, dissemination of indecent material, facilitating access to indecent material, and adultery. The Criminal Code also regulates acts of molestation, rape, indecent acts related to abortion or pregnancy prevention, and acts of indecency. Comprehensive regulations regarding the rights of children as victims of sexual offenses in Indonesia have also been stipulated in Law Number 23 of 2002 Concerning Child Protection and related articles in the Criminal Code.

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