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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 Kasus Penistaan Agama oleh Panji Gumilang (Ponpes Al-Zaytun) Dalam Prespektif Hukum dan Masyarakat Sifana, Firdha; Lewoleba, Kayus K
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.11111775

Abstract

Blasphemy in Indonesia is a criminal offense that is considered a serious and sensitive matter if it occurs in the midst of society, especially in the world of education such as boarding schools. Panji Gumilang in his position as leader of Al-Zaytun boarding school in Indramayu committed blasphemy or blasphemy verbally or in other ways. The research method used in this research is normative legal research method. The result of this research is that Panji Gumilang was determined as a suspect in a blasphemy case based on his actions in the form of spreading deviant Islamic teachings to santri and santriwati of Al-Zaytun Islamic boarding school and his statements which are also deviant regarding the understanding of Islamic teachings. The government has made every effort in addressing this case by naming Panji Gumilang as a suspect as a form of maintaining religious harmony in Indonesia, besides that the government also guarantees the educational rights of the students and santriwati ponpes Al-Zaytun, the government through KEMENAG also provides guidance and guidance for teachers and education personnel ponpes Al-Zaytun as an effort to overcome the deviation of Islamic teachings in the education system ponpoes Al-Zaytun.
Analisis Komprehensif Tentang Konsekuensi dan Upaya Penanggulangan Penangkapan Ikan yang Melanggar Hukum Tampubolon, Vernandito Sudharta Raftua; 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.12513608

Abstract

Indonesia has great potential from marine resources that have not been managed to the fullest and require complete and accurate data for optimal utilisation. These resources can support national economic progress, but illegal practices such as fishing hinder this potential. Illegal fishing causes huge losses to the state, local fishermen, and consumers. Overlapping regulations and lack of institutional clarity complicate addressing this issue. Although legal reform efforts have been made, national and international co-operation is needed to address these challenges for the sustainability of marine resources and the welfare of coastal communities. This research uses a normative legal research method, which relies on the analysis of library materials, secondary data, legal principles, legal principles, and legal doctrines to resolve the legal issues formulated. Sustainable law enforcement is expected to provide a deterrent effect for foreign fishermen. The issue of illegal fishing is not only about the loss of fisheries resources, but also about the violation of state sovereignty which is very principled. Therefore, law enforcement and sovereignty must be strictly enforced.
Studi Kasus Perilaku Psikopat Dalam Tindak Pidana Pembunuhan dari Perspektif Kriminologi Raharjo, Angga Sandhika; Asmara, Daffi Allegra; Delzanty, Kayla; Talitha, Raisyha; Rosdiana, Hani; Ramadhani, Sherlyta; Setiady, Achmad Hanif Avicenna; 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.11387193

Abstract

Crime is a complex phenomenon that can be understood from various points of view. In the context of criminology, crime refers to human actions that violate the basic norms that apply in society. In this research, the author conducted a review of previous research. This research uses a normative juridical research method by examining statutory regulations sourced from the Criminal Code, namely the Law that regulates murder as stated in CHAPTER XIX Crimes against Life, namely Articles 338-350 of the Criminal Code. This research emphasizes the criminological implications of the crime of murder committed by psychopaths and the legal resolution.Angga Sandhika Raharjo[1], Daffi Allegra Asmara2, Kayla Delzanty3, Raisyha Talitha4, Hani Rosdiana5, Sherlyta Ramadhani6, Achmad Hanif Avicenna Setiady7, Mulyadi8*[1]Email penulis: 2210611063@mahasiswa.upnvj.ac.id1,  2210611073@mahasiswa.upnvj.ac.id2 2210611172@mahasiswa.upnvj.ac.id3 , 2210611178@mahasiswa.upnvj.ac.id4 . 2210611195mahasiswa.upnvj.ac.id5, 2210611199@mahasiswa.upnvj.ac.id62210611329@mahasiswa.upnvj.ac.id7
Problematika Perkawinan Akibat Perselingkuhan Yang Menimbulkan Perceraian (Examinasi Putusan Nomor 311/ Pdt.G/ 2020/ Pn Kpg) Fin Tae, Mericiana Yulita; Tamelab, Vinsensius; Rade, Stefanus Don
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.11310839

Abstract

Marriage is the beginning of life together between a man and woman as husband and wife, while divorce is the end of life together between husband and wife. Marriage is a very fundamental institution in society, so it has legal protection. The law always defends, prioritizes and favors the validity of marriage. Consequently, in cases of doubt regarding its validity, the law protects and maintains the validity of marriage, until proven otherwise after various investigations, including the issue of infidelity. So, constant disputes and quarrels can be the reason for the dissolution of a marriage, "between husband and wife there are constant disputes and quarrels and there is no hope of living in harmony in the household again" (Article 19 letter (f) Government Regulation Number 9 in 1975).
Pengaruh Teknologi dan Globalisasi Terhadap Sistem Hukum dan Identitas Sosial Masyarakat L, Lazarus
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.11782822

Abstract

This study aims to explore the impact of technology and globalization on the legal system and social identity of communities. The background highlights the significant influence of information technology and the global interconnectedness of societies, reshaping legal frameworks and altering social identities. The urgency of this research lies in understanding the challenges and opportunities posed by technological advancement and globalization, particularly in the context of developing countries like Indonesia. The methodology involves a comprehensive review of literature and empirical data analysis to assess the implications of these phenomena on legal systems and societal identities. The findings indicate a complex interplay between technology, globalization, legal frameworks, and social identities, with both positive and negative consequences. While technology and globalization facilitate access to legal information and cross-cultural exchanges, they also raise concerns regarding privacy, security, and the preservation of local cultural identities. Therefore, proactive measures are necessary to harness the benefits of technology and globalization while safeguarding legal integrity and preserving social cohesion.
Problematika Pembentukan Undang-Undang Cipta Kerja Terkait Perlindungan Terhadap Hak-Hak Tenaga Kerja di Indonesia Hermawati, Mutiara; S, Suwarsit
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.11217408

Abstract

The main urgency of the establishment of the Job Creation Law is aimed at improving and stimulating the growth of the Indonesian economy through increased investment and expansion of employment. However, after the draft law has been completed and will be ratified, the contents of the articles regulated therein contain an imbalance between employers and labor. Where employers are considered to have many advantages in the regulation and on the other hand the rights of labor are increasingly trimmed and restricted. So that at the stage of ratification, the law reaped polemics and controversy among the community. With this problem, this research was conducted by the author with the aim of finding out about the causes of the controversial Job Creation Law and the impact it has on labor. The method used in this research is the literature method which uses secondary data sources by collecting data through various reading sources such as articles, journals, papers, and news. The result of this research is that to ease the controversy, the Job Creation Law was submitted to the Constitutional Court to pass the material and formal testing stages until the result obtained was that the law was declared Conditionally Unconstitutional.
Analisis Jaminan Hak-Hak Pekerja Pada PT. Mas Murni Indonesia (Hotel Garden Palace Surabaya): Studi Kasus Putusan MAHKAMAH AGUNG Nomor 1565 K/Pdt.Sus-PHI/2022 Gibran, Rizal Ananda; Putra Siagian, Imanuel Nelson; Purba, Moses Frederick
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.12106759

Abstract

Hotel Garden Palace Surabaya, operated by PT MAS MURNI INDONESIA, declared bankrupt by the Surabaya Commercial Court, conducted mass layoffs without paying severance to approximately 200 employees. According to Law Number 13 of 2003 concerning Manpower, even if a company is declared bankrupt, the curator must continue business operations and fulfill obligations like salary payments. The Industrial Relations Court has absolute authority to resolve labor disputes, including rights disputes, interest disputes, and termination disputes. Workers who were unilaterally laid off by Hotel Garden Palace Surabaya can file a lawsuit with the Commercial Court based on Article 153 of the Manpower Law. Factors affecting the effectiveness of the Industrial Relations Court include the involvement of related parties, the competence of judges, resource limitations, and the involvement of mediation institutions. The implementation of dispute resolution mechanisms through the Industrial Relations Court significantly impacts workers' rights, employers' obligations, and the industrial relations climate. The court ensures proper compensation for workers who are unilaterally laid off and provides legal protection, ultimately increasing workers' confidence in their rights and stabilizing industrial relations at Hotel Garden Palace Surabaya. In conclusion, the Industrial Relations Court plays an essential role in enforcing labor laws and ensuring protection and justice for laid-off workers, even in situations of company bankruptcy.
Analisis Penipuan Online Melalui Media Sosial Dalam Perspektif Kriminologi M, Mulyadi; Nurdin, Aulia Anjani; Anjani, Axara Alejendra; Alamsyah, Fiqih Dien; Sifana, Firdha; Yudistio, Muhammad Albar; Maulana, Muhammad Kareem; Rabbani, Radiyya Alvaro Achmad
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.11183088

Abstract

Conventional fraud is regulated in detail in the Criminal Code along with its penalties. However, in modern times, the act of fraud has developed from being conventional to being carried out using technology or commonly referred to as online. The research method used in this research is the normative juridical method. The results of this study state that there are many concrete forms of online fraud that occur through various social media platforms or online shopping media, such as phishing, scamming, and social engineering. The criminal offence of online fraud is regulated in Law No. 19 of 2016 on the amendment of Law No. 11 of 2008 on Electronic Information and Transactions. Specifically contained in Article 28 paragraph (1) of the ITE Law which regulates the provisions of fraud by providing false information in electronic media, so that anyone who violates it has committed a criminal offence of fraud. The criminal provisions can be seen in Article 45A paragraph (1) of the ITE Law, which is a maximum imprisonment of (6) six years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). Efforts to prevent online fraud, namely the need to increase and improve the professionalism and integrity of law enforcement officials in handling cases of online fraud crimes that are rampant in the community. This is done so that there is legal certainty and guaranteed protection for the community.
Pertanggungjawaban Platform E-Commerce Terhadap Penipuan Oleh Pelaku Usaha Terverifikasi Yang Mengakibatkan Kerugian Konsumen Rasyid, Mohammad Haikal; Jannah, Ghina Rhoudotul; Fiana, Vinka Arzetta; Latisha, Najwa; Nurfajriana, Syifa; Sakti, Muthia
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.12521807

Abstract

This research aims to explain the types and forms of liability held by e-commerce platforms in cases of fraud by verified business actors. This includes a legal analysis of the platform's liability towards aggrieved consumers. This can improve the liability mechanism, e-commerce platforms can build consumer trust. Consumers who feel protected are more likely to shop online, which in turn can increase transaction volume and profits for e-commerce platforms. The method used in this research is Juridical-Normative by conducting research sourced from literature and from the results of decisions related to the Law or commonly referred to as library legal research conducted by examining secondary materials only. The results of this study are that consumer protection in digital transactions in Indonesia is regulated by the GCPL and ITE Law. In the case of fraud in ordering roof tiles on Tokopedia, there is negligence on the part of Tokopedia and vendors that violate the law. Consumer rights according to the GCPL have been violated, so the responsibility is not only on the deceptive seller but also on Tokopedia as a platform provider. However, Tokopedia does not support its consumers in resolving this dispute.
Analisis Kasus Wanprestasi Dalam Transaksi Jual Beli Secara “Online” Ramadhani, Dwi Aryanti; Dewani, Citranti Hanifah; Nurhayati, Elsa; Zaini, Noer Gita Safira; Rahmadhani, Swastika
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.11402186

Abstract

Agreements in e-commerce and ordinary agreements are not much different, the only difference is the form and application. Default is a term taken from the Dutch word wanprestatie which means failure to fulfill achievements or obligations in an agreement. In this study the author analyzes the court decision regarding default in online / e-commerce sales and purchase agreements, namely Decision Number 629/Pdt.G/2020/PN JKT.SEL" The results of this study show that the legal remedies taken by the Plaintiff for the breach of contract carried out after carry out an analysis regarding the elements of the default committed, evidence is needed and the application of relevant articles that will be used in the dispute resolution process. The legal remedy taken by the Plaintiff for breach of contract was that the Plaintiff gave a warning via subpoena from the Plaintiff's Attorney 2 (two) times, dated 10 and 22 July 2020, where in the first (first) subpoena the Defendant only sent 265 bags on 19 July 2020. Because the Defendant was uncommitted and inconsistent, the Plaintiff filed a lawsuit against the Panel of Judges to examine and decide on the case, punishing the Defendant to obey and submit to the decision/determination of the District Court. The Plaintiff also calculated and based on the law requested that the Defendant return the Plaintiff's money including the obligation to pay an administrative fine of 1.5% (One point five percent) of the Total Transaction.

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