Media Hukum Indonesia (MHI)
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.
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<![CDATA[Analisis Hak Para Pekerja Dalam Perusahaan Yang Mengalami Kepailitan ]]>
<![CDATA[Nurdiannisa, Alifa]]>;
<![CDATA[Hervinia H, Helen]]>;
<![CDATA[Ariana H, Jessica]]>;
<![CDATA[Loren, Medina]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11853588
<![CDATA[A company is not always in prime condition because certainly in a company experiencing liquidity problems, declining profitability, and ultimately can be threatened with bankruptcy caused by various factors. The process of bankruptcy of a company is brought to court by appointing a curator. In Indonesia, regulations have been set regarding this bankruptcy process which are contained in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. This regulation regulates the rights of workers if they are in a company that is bankrupt so that they know the steps that need to be taken. This study aims so that every worker who experiences something like this knows how the provisions that regulate, the elements that influence and the efforts that can be made in this situation. This study uses a normative juridical method that analyzes the legal norms that have been made. The data source comes from secondary legal data such as Law Number 37 of 2004, Law Number 13 of 2003. The data collection technique is in the form of literature studies. This study resulted in that every company that experiences bankruptcy is required to provide rights to workers who are laid off, namely in the form of pocket money since the bankruptcy decision so that workers' rights must be prioritized, and someone who is appointed to resolve bankruptcy problems is a curator.]]>
<![CDATA[Pengaruh Outsourcing Terhadap Keunggulan Kompetitif Perusahaan ]]>
<![CDATA[Puspadewi, Gladys Trias]]>;
<![CDATA[Insani, Gema Mutiara]]>;
<![CDATA[Hasnakusumah, Raisha Tiara]]>;
<![CDATA[Rumbung, Krispinus Kevin]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.12476932
<![CDATA[Outsourcing has become a common business strategy used by companies to improve operational efficiency and efficiency. However, the impact of outsourcing on the competitive advantage of companies remains a controversial topic.Outsourcing is a way in which companies hand over part of their business functions or processes to external parties or other companies that are more specialized in the field. The objective of outsourcing is to increase efficiency, reduce operating costs, and enable companies to focus on core competencies that are being experienced. The study aims to analyze the influence of outsourcing on the competitive advantage of companies. The study uses the methodology of literature review by analyzing various scientific sources, such as academic journals, books, and research reports. Research results show that outsourcing can have a positive and a negative impact on the competitive advantage of companies. The influence of outsourcing on the competitive advantage of a company depends on a variety of factors, such as the type of activity that is outsourced, the choice of the company to outsource, and the company's ability to manage the relationship. Therefore, companies need to carefully consider all these factors before deciding to do outsourcing.]]>
<![CDATA[Polemik Penetapan Upah Minimum Pekerja: Kebutuhan dan Gaji Minimum Yang Tidak Seimbang ]]>
<![CDATA[Putri, Dea Kumala]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11364198
<![CDATA[The purpose of this research is to analyze regulations in legal legislation that cover minimum wage rights for workers, namely Law Number 6 of 2024 Job Creation concerning regulations on minimum wages for workers. This study was written using normative statutory legal techniques, namely through the results of sharp and deep thinking and based on Law No. 6 of 2024 Ciptaker. Accompanied by supporting analysis from related literature and books. This research found the final result that it turns out that Law Number 6 of 2024 on Job Creation has not been optimal in ensuring equality and welfare of workers regarding minimum wages, which ultimately gave birth to new polemics and created many social symptoms in society caused by economic factors, one of the causes of which is an imbalance between wages received and the amount of expenditure in an area.]]>
<![CDATA[Peran Lembaga Pemasyarakatan Terhadap Residivis Dalam Upaya Reintegrasi Sosial ]]>
<![CDATA[Maghfiroh, Laily]]>;
<![CDATA[Lewoleba, Kayus Kayowuan]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11275262
<![CDATA[Residivis refers to the recidivism of criminal acts after serving a prison sentence as determined by the court. The Correctional Institution was established to provide guidance to inmates so that they can return to society with a better character. There are various factors hindering the effective and efficient functioning of the Correctional Institution. Therefore, this study was conducted using a normative method and a conceptual approach, as well as legal regulations. The results of this study show that the Correctional Institution has a rehabilitation program aimed at social reintegration, thus preparing residivis with various training programs to return to society. However, factors such as overcapacity, untrained staff, inadequate facilities, social stigma, and cultural factors hinder the effectiveness of these programs.]]>
<![CDATA[Perbandingan Hukum Perjanjian Menurut Sistem Hukum Civil Law dan Common Law: Suatu Perbandingan Antara Indonesia dan Amerika ]]>
<![CDATA[Portuna, Caroline Dewi]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11768415
<![CDATA[A legal system is a collection of rules that regulate society or government within a particular country. Each country has its own legal system to govern its administration, including Indonesia. Comparative civil law is an effort to study and analyze the differences and similarities in civil law systems across various countries. By comparing laws, we can understand the worldview and legal systems of other nations. The research method used in this study is the juridical-normative method, employing a statute approach and a comparative approach. The legal systems of Indonesia and the United States have different approaches to regulating contract law. Despite the differences in specific regulations, both legal systems aim to provide a clear and fair framework for the formation and enforcement of contracts. General principles such as freedom of contract, propriety, and legal certainty serve as the foundation of each legal system.]]>
<![CDATA[Implementasi Nilai-Nilai Kebangsaan Berbasis Pancasila Dalam Mengacu Peran Manajemen Sekuriti Terhadap Perilaku Konsumen Pada Pengguna Marketplace Tiktok Shop ]]>
<![CDATA[Syira, Syahdina Damayari]]>;
<![CDATA[Soesanto, Edy]]>;
<![CDATA[Sari, Dewi Puspita]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11210118
<![CDATA[Security Management is a systematic process for managing and protecting organizational assets from various threats, both internal and external. TikTok Shop is a marketplace that is integrated with the TikTok social media platform, which has experienced rapid growth in the number of users and transactions. However, data security and consumer privacy are still key issues that have a significant influence on consumer behavior. This research aims to analyze how big a role security management plays in consumer behavior among users of the TikTok Shop marketplace based on the values contained in Pancasila. This research uses a qualitative method which is carried out by conducting a literature review of scientific articles, journals and books. The research results show that Pancasila has an important role, which refers to security management having an important role in shaping consumer perceptions and trust in TikTok Shop. The dimensions of data security and privacy, as well as ease of access to security information, are the main factors influencing consumer behavior. There are Pancasila values that play a role in Security Management and influence consumer behavior, such as; Security and Protection, Justice and Welfare, Order and Discipline, as well as Cooperation and Unity. By integrating Pancasila values in creating a better environment for TikTok Shop users. Increasing the transparency of security information and easy access to privacy information can increase consumers' positive perceptions of the platform.]]>
<![CDATA[Analisis Hukum dan Strategi Untuk Menyelesaikan Kasus Geser Hari Libur Tanpa Upah Lembur ]]>
<![CDATA[Nurhalizah, Aisyah]]>;
<![CDATA[Hervinia, Helen]]>;
<![CDATA[Frefy, Fyo Akbar Putra]]>;
<![CDATA[Benedicta, Liametami]]>;
<![CDATA[Sembogo, Achmad Dimas Aliffian]]>;
<![CDATA[Yuli, Yuliana]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11989599
<![CDATA[The case of shifting holidays without overtime pay is a major concern in the field of labor law. This phenomenon raises questions related to the company's compliance with applicable legal provisions and the protection of workers' rights. In this study, we conduct an in-depth analysis of the relevant legal aspects and strategies that can be applied to resolve this type of case. The approach used includes an analysis of applicable labor regulations, case studies to identify patterns of company behavior, and a review of court decisions related to similar cases. The method used in the literature study research is beneficial, namely finding a foundation to obtain and build a theoretical basis, a framework for thinking, and determining temporary research assumptions. The results of the analysis show that there are legal loopholes that allow shifting holidays without overtime pay to occur, but also provide room for the protection of workers' rights. The recommended strategies include increasing legal awareness among workers, strict monitoring of companies' compliance with regulations, and legal advocacy to enforce workers' rights. This study makes an important contribution to understanding and resolving cases of shifting holidays without overtime pay effectively, as well as providing a basis for formulating stronger policies in protecting workers' rights.]]>
<![CDATA[Peran Lembaga Pemasyarakatan Dalam Pembentukan Kesadaran Narapidana di Bima NTB ]]>
<![CDATA[S, Sukirman]]>;
<![CDATA[N, Nasrullah]]>;
<![CDATA[J, Jufrin]]>;
<![CDATA[Amin, Muhamad]]>;
<![CDATA[A, Ahmad]]>;
<![CDATA[Imaduddin, M Asad]]>;
<![CDATA[Sagaf, Umar]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11114606
<![CDATA[This research was conducted by analyzing the role of correctional institutions in forming the awareness of prisoners in Bima NTB and the obstacles experienced by correctional institutions in forming the awareness of prisoners in Bima NTB. The type of research used in this research is empirical law or non-doctrinal legal research, namely the type of research that will focus on examining field realities and combining them with legal rules, legal principles and legal norms contained in statutory regulations or positive law. The results of the research show that the role of correctional institutions in forming awareness of prisoners in Bima, NTB, correctional development of prisoners in Bima detention center has been carried out very well, considering that all training activities carried out in prisons are activities that have been determined by the laws and regulations relating to prisons and Coaching, in other words, coaching in the detention center has been carried out in a structured manner with a correctional system that upholds the elements of education and character building for prisoners as the main focus of coaching. The efforts made in providing guidance to prisoners are shared by all prisoners from skills activities and providing seminars for prisoners to inspire their minds to change and live a better life, both spiritually and physically. Apart from that, the obstacles faced by supervisors in carrying out community development for prisoners at the Bima Detention Center are limited time and human resources, namely the ability of a supervisor to carry out guidance. Facilities and infrastructure that meet the criteria but are still less efficient in their use due to situations and conditions that sometimes prevent prisoners from using some facilities. ]]>
<![CDATA[Pemanfaatan Perjanjian Kerja Sebagai Perlindungan Terhadap Pekerja Outsourcing ]]>
<![CDATA[Hanun, Lalita Maida Listiyani]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.12515397
<![CDATA[The application of the outsourcing system in assisting business activities has become a strategy that is considered efficient in the business world. The use of outsourced workers as helpers in doing the company's supporting work has efficiency so that the company can focus on its core work or production to the fullest. Even so, there are often violations and neglect committed by the company against workers, making workers experience exploitation and discrimination from the company. Outsourced workers are exploited by being worked on continuously as outsourced workers without regard to existing regulations and without regard to justice for workers. Discrimination is found in the clear differences in rights between permanent and outsourced workers, some of which violate the rules. The misrepresentation of the rules that occurs here makes workers realize the importance of a Work Agreement for the certainty of the rights and guarantees they will receive. The Work Agreement is one way for workers to avoid exploitation and discrimination in the world of work.]]>
<![CDATA[Tinjauan Undang-Undang Ketenagakerjaan dan Hak Asasi Manusia Terhadap Pelanggaran Hak Istimewa Buruh Perempuan PT Aice ]]>
<![CDATA[Rubianti, Vaganti Safa Sukma]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11389507
<![CDATA[A worker is an individual who is within the working age range of 15 to 64 years old, is currently engaged in employment, actively seeking employment, and has the capability to do work tasks.The issue of ensuring labour rights necessitates increased government attention. The persistence of worker ignorance regarding their rights and the misconduct of profit-driven entrepreneurs pose ongoing challenges that are difficult to eliminate due to inadequate government oversight. The rights and responsibilities of workers are explicitly outlined in the employment contracts that are issued. The rights and duties outlined in the work agreement must be in compliance with legal rules, as agreed upon by both parties. Employers are required to satisfy certain rights for female workers, including menstruation leave, delivery, miscarriage, and nursing. Nevertheless, numerous instances of female workers' privileges being violated persist in reality. Discrimination against female workers remains prevalent, exemplified by instances such as pregnant women being compelled to work late into the night. Furthermore, workers' limited awareness of their reproductive protection rights continues to hinder their fulfilment. Labour rights pertaining to women.]]>
