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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
Tinjauan Yuridis Terhadap Tindak Pidana Penipuan Online Ama, Jefrianus Tamo; Kadir, Syukron Abdul
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.11318026

Abstract

The crime of online fraud is regulated in Law no. 11 of 2008 regarding amendments to Law no. 19 of 2016 concerning Informatics and electronic transactions. Online fraud is a criminal case that is categorized as a criminal offense. The problem of online fraud has existed since the development of technological tools. Fraud is classified as a criminal act because it is regulated in the Criminal Code which is classified as public law, and if it is violated. And if the elements of a criminal act of fraud are met then criminal sanctions can be applied according to Article 28 (1) of the ITE Law. The crime of fraud is regulated in CHAPTER XXV Book II of the Criminal Code which contains various forms of fraud which have their own special names. What is known as fraud is a crime that is formulated in articles 378 to 395. The conditions for an act to be considered a criminal act of fraud are that the act must fulfill all the elements that constitute a prohibited formula which is punishable by criminal law and the act must be against the law (no justification), in other words someone who is said to have violated the law must fulfill the elements contained in the Criminal Code.
Implikasi Hukum Terhadap Hak Pekerja Harian Lepas di Era Digital: Perspektif Hukum Ketenagakerjaan Wildan, Ahmad; Hayat, Gian Muzakir; Podungge, Khalisyah Amara
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.12599595

Abstract

The digital era has changed many aspects of life, including the world of work, with the emergence of new work models such as working from home and remote work. The three main factors driving this change are technological disruption, technological adaptation, and work transformation, which have been amplified by the pandemic. Freelance work is becoming increasingly common, but is often not accompanied by adequate regulations to protect workers' rights. This research aims to analyze how labor regulations can be adapted to accommodate the new realities of the digital era and provide better protection for freelance workers. The method used is descriptive analysis with a normative juridical approach, examining labor regulations in Indonesia. The research results show that although technological advances bring benefits, many freelancers face legal status protection and lack of rights protection. More effective and comprehensive regulations are needed, as well as cooperation between governments, employers, academics and legal experts to create a fairer and more sustainable work environment.
Harmonisasi Kewenangan Mengadili Antara Pengadilan Tindak Pidana Korupsi dan Pengadilan Tata Usaha Negara Dalam Menilai Ada Atau Tidaknya Penyalahgunaan Kewenangan Baseno, Ongky Ramadhan; Ahmad, Muh. Jufri
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.11836700

Abstract

The existence of the UUAP has given the PTUN attribution of authority in receiving, examining and deciding whether or not there are elements of abuse of authority in a decision and/or action from a government official. Based on this, several problems emerged related to the authority to adjudicate the PTUN and also the authority to adjudicate the Corruption Court, where previously the authority to adjudicate criminal acts of corruption was the primary function of the Corruption Court. After the birth of Perma No. 4 of 2015, PTUN can accept requests whether or not there is abuse of authority. Fundamental to this, there is a problem formulation used, namely as follows: Can officials who are accused of abuse of authority submit an application to the PTUN in accordance with Perma No. 4/2015? The research method used in writing this thesis is a legal research method and uses a conceptual approach, a legal approach. The object of the request for testing in Article 2 paragraph (2) of Perma 4/2015 uses the phrase "after the results of APIP supervision". In terms of the principles of forming good legislative regulations, this formulation is contrary to the principle of clarity of formulation, because the choice of words or terms used gives rise to various kinds of interpretations. Because, the interpretation can be in the form of: (a) LHP APIP decision; (b) follow-up decisions from the LHP issued by authorized officials; (c) LHP APIP follow-up decisions issued by APH; and (d) the applicant's own decision.
Analisis Hak Pesangon Pekerja PHK Berdasarkan Perspektif Omnibus Law dan Pasal 156 Perppu Nomor 2 Tahun 2022 Tentang Cipta Kerja Izzati, Aulia Putri; 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.11218356

Abstract

The aim of this research is to analyze the implementation of severance pay rights for employees affected by layoffs based on Article 156 of Government Regulation in Lieu of Law Number 2 of 2022 (Peru) concerning the Manufacturing Industry. This Perppu plays an important role in regulating the rights and protection of workers affected by layoffs in Indonesia. This study uses normative law based on Perppu Number 2 of 2022 concerning Job Creation, and its compliance with related laws and regulations has been reassessed. Data collection was carried out through a literature review of articles, books and related laws and regulations. The report's findings show that the implementation of severance pay rights for workers affected by layoffs based on Article 156 of Presidential Decree No. 2 of 2022 is still weak and many employers do not fulfill their obligations based on this article. In conclusion, the implementation of the obligation to pay severance pay to workers affected by layoffs based on Article 156 of Perppu Number 2 of 2022 has important implications in ensuring the protection of workers who lose their jobs in a legal system.
Perlindungan Hukum Bagi Masyarakat Indonesia Yang Menjadi Korban Perdagangan Manusia di Luar Negeri Putri, Amelia; 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.12548815

Abstract

Indonesia is a country of law, all actions in Indonesia are regulated and bound by law. Human trafficking takes the form of an organized criminal act which is carried out using both conventional methods such as persuasion from labor recruiters at the village level to modern methods. The practice of human trafficking has become a crime that takes many victims from the public, especially people who have low incomes and low levels of education. In Indonesia, human trafficking takes the form of a crime that has the aim of sexual exploitation, domestic servants, housemaids, migrant workers, child labor, and arranged marriages. The end result of these crimes is that the victims are forced to work under poor working conditions and for inadequate wages. Cases of criminal acts have attracted public attention recently, this is also what attracted the attention of the writer to explore further the case of Indonesian citizens suspected of being victims of criminal acts of human trafficking in Myanmar. The research method used in this research is qualitative. To obtain the data needed in this research, the author conducted library research. Literary research is carried out to obtain secondary data by studying regulations, literature, including general references such as books, journals and so on. Factors that trigger the crime of human trafficking in Indonesia include poverty, education, lack of access to information, early marriage and divorce, difficulty finding work and so on.
Analisis Hubungan Pendekatan Penegakan Undang-Undang Lalu Lintas Terhadap Kepatuhan Masyarakat Zulfikar, Faiz Raudhin; Akbar, Muhamad Dafi; Putra Siagian, Imanuel Nelson; Darussalam, Rezky Fabyo; Ilham, Muhamad; Simamora, Mexi Christian; Fadhlullah, Muhammad Azhar Zakiy; 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.12169130

Abstract

The success of Traffic Law Enforcement itself is determined by various factors that influence it, starting from the substance of regulations, activities in implementing law enforcement efforts, to the culture of law compliance in society. Law enforcement in the traffic sector is explicitly regulated in the provisions of Law No. 22 of 2009 (UU LLAJ), as well as implementing regulations related to motor vehicle inspection procedures/methods regulated in PP 80/2012. In these provisions, there are various kinds of provisions/substances that regulate all activities or activities of legal objects and subjects in the traffic sector, both as law enforcement officers and the public (road users). In this scientific article, research was carried out using normative juridical methods (Legal Research), which means that research is carried out by analyzing or approaching a phenomenon or problem from the perspective of legal norms. After conducting the analysis, the author found that there are various factors that determine public compliance with traffic laws, including how big the government's role is and what kind of approach must be taken in enforcing traffic laws, how much awareness the public has in obeying traffic regulations, The factors in question include internal factors from society itself based on awareness of the importance of law and external factors that encourage society to comply with existing laws.
Property Position and Islamic Economic Law Hardiati, Neni; F, Fitriani
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.11198630

Abstract

Property in Islam has a position as a pillar of life that supports the running of all activities, history records that the beginning of the Islamic struggle carried out by the Prophet SAW could not be separated from the role of his wife as a conglomerate who had advantages in financial terms. The position of this treasure is very important especially in economic activities, business, and worship, so that attention to this treasure has been prioritized by umara and scholars since time immemorial. Islam always teaches mankind to be grateful for the treasures that in their possession are used for devotion to Allah SWT and used solely to get closer to Him. In addition, it is also used for the benefit of many people in terms of helping others, for that it should be considered how to get it, its management and how to use it. The Qur'an pays great attention to the issue of wealth by giving detailed and extensive limits on property. Many scholars have opinions to know the position of this treasure including Imam Hanafi, Imam Shafi'i, Imam Maliki and others. Among their opinions is how the Shari'a establishes ways to obtain property, distribute it, develop it and so on. This was conveyed by them to be a reference and guideline so that the process of managing assets in human life does not cause damage and loss either to nature, the environment or to individuals and society.
Perlindungan Hak Tenaga Kerja Terhadap Buruh Perempuan Yang Mendapatkan Ketidakadilan di Tempat Kerja (Studi Kasus PT. AFI) Hidayat, Muhammad Rahmadzani; Aini, Qurrotul
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.12521988

Abstract

This article discusses the injustices experienced by female workers at PT. AFI, where women are often placed in jobs that are not equal to their abilities and are threatened with dismissal if they do not comply. This reflects gender-based discrimination in the world of work. Injustice towards female workers still often occurs even though there are various regulations that protect their rights, such as Law Number 13 of 2003 concerning Employment and other regulations that guarantee the right to leave for menstruation, pregnancy, childbirth and breastfeeding. The implementation of this law is often ineffective, so that many complaints from female workers are ignored. The legal prevalence of female workers must be more enforced and companies must be committed to fulfilling their rights to create a fair and supportive work environment. In this research, the author applies normative juridical research methods through the use of several approaches, namely the Statutory Approach, the Conceptual Approach, and the Case Approach. It is hoped that the resulting research will provide broad benefits to the general public by broadening their understanding regarding the prevalence of women in the workforce or injustice in the work environment based on applicable laws.
Reformulasi Hukum Terkait Batas Usia Maksimal Anak Dalam Pemidanaan Anak M, Mulyadi; Adfari, Tsabitah Rahmah; Abdullah, Nayla Putri; Yadilla, Natasya; Amelia, Sabina Putri; Wicaksana, Dika Hikmah; Widiastiwi, Alisha Reva; Camilla, Garneta Rizka
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.11406932

Abstract

As a legal country, of course, Indonesia has all the rules that regulate social life. Every violation committed by society will definitely have legal consequences. However, there are several circumstances that make it possible to receive pardon in legal consequences, one of which is if the perpetrator is still a minor. In Indonesia itself there are three age groups for perpetrators, namely under 12 years, between 12 and 14 years, and between 14 and 18 years. 18 years of age is considered the maximum age limit for child punishment. However, in reality, many children aged 16-18 years commit crimes and even take their lives. Even 18 years old should not be included in the child category, because they are considered to have entered the adult process where they are able to judge what is good and bad. This research aims to see whether the maximum limit for punishing children, namely 18 years of age, is still ideal for use in Indonesia today. The research methodology used in this research is a normative juridical approach. As for the results of this research, we found the urgency of reformulation regarding the maximum age limit for children in child punishment and there are also several views regarding the reformulation of this child age limit.
Perlindungan Hukum Bagi Pekerja Migran Indonesia Korban Kejahatan Perdagangan Orang Dalam Perspektif Hukum Ketenagakerjaan Prananda, Mayang Talentasari
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.11862990

Abstract

Indonesia is a legal country that has a relatively large population. Based on data from the Budget Study Center for the Expertise Agency of the Secretariat General of the DPR RI for 2020 to 2024, the number of Indonesian citizens living abroad is recorded at approximately 3,011 (three thousand eleven) million people with 90% being Indonesian migrant workers or often called Indonesian Workers. A person who meets the requirements and qualifications to work abroad for a certain period of time is called an Indonesian Migrant Worker or often understood as an Indonesian Migrant Worker. Indonesian workers still occupy the position as the largest contributor to the country's foreign exchange. Apart from that, there are still many other problems faced by Indonesian workers abroad. One of them is a victim of a human trafficking crime. TPPO or Human Trafficking in the English translation is actually not a recent case. The research method used is normative juridical. Based on the analysis and discussion discussion in this article, it is known that the main factors driving the increase in human trafficking cases are education and the economy. Indonesian workers who are victims of human trafficking are required to receive protection as regulated by the Indonesian Migrant Worker Protection Law.

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