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Penerbit Yayasan Daarul Huda
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penerbitdarulhuda@gmail.com
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INDONESIA
Media Hukum Indonesia (MHI)
ISSN : -     EISSN : 30326591     DOI : https://doi.org/10.5281/zenodo.10995150
Core Subject : Social,
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.
Articles 85 Documents
Search results for , issue "Vol 2, No 2 (2024): June" : 85 Documents clear
Upaya Pencegahan Politik Uang dan Hoaks Dalam Pemilu di Indonesia: Analisis Yuridis dan Implementasinya Priyantoro, Lucky; 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.12507928

Abstract

Democratic government in Indonesia has been a rule of law since the Second Amendment to the 1945 Constitution, and elections have become an important tool for encouraging democracy and the transfer of power. However, money politics has become a common phenomenon that causes unfit leaders and sabotages the country's political paradigm. The rise of hoaxes, which are created, replicated and disseminated through public channels, is a problem that needs to be addressed. This research examines election political campaigns in Indonesia, laws and regulations governing the receipt of money in politics, and efforts to prevent hoaxes. This research will use a normative juridical research design with a literature review as the main data source. Researchers will be able to fully understand the Efforts and Implementation of Preventing Hoax Money Politics in the Elections in Indonesia that follow using a normative juridical approach. Implementation of statutory tools for bargaining for money politics in regional elections, and criminal sanctions for receiving political money include a prison sentence of 3 years and a maximum fine of 36 million. Media literacy and political literacy are important preventive measures against hoaxes, and the internet presents challenges such as a lack of online discourse and scientific verification in discussions.
Pembuatan Daftar Hitam Pemegang Nama Domain Terblokir sebagai Upaya Preventif Hak Cipta di Media Digital Sitorus, Tiara Agustina; Mayana, Ranti Fauza; Permata, Rika Ratna
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.11373204

Abstract

This research highlights the problem of copyright infringement through illegal websites, especially in the context of free movie streaming. The purpose of this research is to explain the formulation of creating a blacklist of blocked domain names as a preventive measure in protecting copyright in digital media based on Indonesian positive law, as well as identifying the liability of electronic system organizers related to copyright infringement in ICT media. The method used is normative and comparative juridical with data from various sources. The Safe Harbor concept protects PSEs from liability for copyright infringement on their platforms, but proactive measures are still required. Recommendations include improving monitoring of user content, cooperation with copyright owners, updating internal policies, and disseminating copyright education to users.
Analisis Konflik Agraria di Kalimantan Timur: Studi Kasus Sengketa Lahan Antara Masyarakat Adat dan Perusahaan Tambang Prasetya, Noviar Haikal; Zuffran, Fauzie; Murtada, Fathur Sultan
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.12636956

Abstract

This study aims to analyze agrarian conflicts in East Kalimantan, focusing on land disputes between indigenous communities and mining companies. Agrarian conflicts in this region are often caused by differing interests between communities defending their customary land rights and mining companies seeking to exploit natural resources. This research uses a qualitative approach with a case study method to deeply explore the dynamics of the conflict and its impacts on both parties. Data were collected through in-depth interviews with representatives of indigenous communities, company officials, and local government, and analyzed using thematic analysis techniques. The results show that these agrarian conflicts are triggered by unclear land rights boundaries, lack of socialization and community participation in the licensing process, and government policies that tend to support natural resource exploitation. The impact of this conflict is highly detrimental to indigenous communities, both in terms of losing their customary lands, which are their sources of livelihood, and environmental damage that threatens their sustainability. This study recommends a review of agrarian policies, increased participation of indigenous communities in decision-making processes, and conflict resolution through dialogue involving all related parties. Thus, it is expected that fair and sustainable solutions can be created for all parties involved in agrarian conflicts in East Kalimantan.
Analisis Konflik Ketenagakerjaan Terkait Hak Buruh dan Kewajiban Pada Kasus PT Alpen Food Industri Desrina, Rania Adriane
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.11283580

Abstract

This research investigates the implementation of labor law in Indonesia, with a focus on protecting labor rights and enforcing regulations in the relationship between employers and workers. PT Alpen Food Industry (AFI) was chosen as a case study. The research method used is qualitative, by analyzing in depth descriptive data such as company documents and interviews with related parties. The research results show that there are various violations of labor law by PT AFI, including wage cuts, the use of outsourced labor with wages below standard, and the denial of leave rights for pregnant female workers. Conflicts between companies and workers, especially through labor strikes, illustrate failures in law enforcement that result in injustice for workers. This study highlights the need for increased law enforcement, stricter work inspections, and better protection of workers' rights as steps to improve labor conditions in Indonesia. Key words: employment law, protection of workers' rights, enforcement of regulations, case studies, legal violations, law enforcement, work inspections, injustice, Indonesia. 
Hak Pekerja di Era Gig Economy : Perlindungan Hukum Bagi Pekerja Lepas dan Kontrak Latri, Akhdan Adityo; Riyanto, Rajwa Khaicirinu; Firdaus, Muhammad Bintang; Arjuna, Muhammad Gaung Syah
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.11770886

Abstract

Reflecting a paradigm shift in the way people look for work as well as a profound transformation in global economic change, the Gig Economy has become a highly sought after labor market. The gig economy is a job market that relies heavily on the role of independent contractors or contract workers and freelancers to fill temporary and part-time positions. Behind the advantages of the Gig Economy phenomenon, significant challenges are often hidden, especially in terms of legal protection. Therefore, the author conducted studies and research on how Labor Law in Indonesia protects workers in the Gig Economy Era. The writing method that the author uses is qualitative with literature study. Based on the results obtained from the literature, the author can conclude that currently, there is no law in Indonesia that specifically regulates worker protection in the gig economy sector, nor has there been any significant regulatory development related to partnership relations in Indonesia. In fact, the growth of gig economy workers in Indonesia is quite rapid. Gig workers may be protected by the Employment Law, which regulates employment relations between workers and employers. Although gig workers are considered partners, they have rights as employees.
Implementasi Kebijakan Pemerintah Daerah Dalam Penataan Pedagang Kaki Lima Roja, Rahtia San Khusnu; Hikmawati, Ikeu
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.11211370

Abstract

This research aims to determine the implementation of Garut Regency regional government policy in managing street vendors in the Pengkolan area and the factors that hinder it. Using qualitative methods with descriptive analysis. Where data collection used includes observation, interviews and documentation. Data analysis techniques using data reduction, data presentation and drawing conclusions. The results of the research concluded that the local government had communicated to street vendors both persuasively and repressively. Human resources implementing policies are ready in quality and quantity to carry out their duties and functions. Meanwhile, equipment resources are still limited and cannot accommodate a large number of street vendors. Limited budget is a problem for relocating street vendors from red zones. The policy implementers already have a strong attitude and commitment to implementing government policies in structuring street vendors in the Pengkolan area. The arrangement of street vendors in the Pengkolan area has involved various related agencies and stake holders. In the field, factors found to be obstacles were the government's lack of seriousness in enforcing criminal and civil sanctions, the lack of awareness of street vendors regarding the rules and the reluctance of street vendors to be relocated.
Perbandingan Perjanjian Pinjaman Online di Indonesia dan Amerika Serikat Permatasari, Deshy Eka; Laurenza, Dias Prima; Azzahra, Natasya Fhadyah; Christian, Noel; Zahia, Reyna; Paradisha, Uma; 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.12081769

Abstract

Currently, online loans are increasing in growth in various countries, due to the rapid growth of online loans, it is very important to understand this online loan agreement. With the growing growth of online loan services in various countries, we will therefore describe online loan agreements in Indonesia and the United States. In this article we will answer how the legal rules are applied in Indonesia and the United States in online loans and what the online loan agreement system is in Indonesia and the United States. This research uses the Normative Juridical method, which includes a legal approach that is relevant to the issue being analyzed and a Comparative Approach, namely comparing the regulations governing Online Loan Agreements in Indonesia and the United States.
Pemanfaatan Platform Digital Dalam Program Beasiswa Seni dan Budaya Indonesia Sebagai Bentuk Diplomasi Budaya Yuliana, Adelia; Djie, Bryan Storm Feryan; Wulandari, Diah Ayu; Sheila, Eirene Eva Marta; 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.11126902

Abstract

The existence of the Indonesian Arts and Culture Scholarship Program is expected to expand diplomatic relations between Indonesia and other countries further and make Indonesian culture increasingly recognized and acknowledged. This article aims to discover the role of the Indonesian Arts and Culture Scholarship Program in expanding Indonesian Cultural Diplomacy and the effectiveness of digital platforms in supporting this scholarship program. The method used is a literature study that reviews the results of previous journals relevant to the topic discussed and is complemented by analysis results from internet sites. Participants who have completed arts and culture training will become friends of Indonesian and Indonesian Ambassadors tasked with introducing the arts and culture they have studied to their respective countries. Through the Instagram account @iacs_kemlu, the Ministry of Foreign Affairs can transparently and quickly disseminate information to the public regarding the various activities carried out by the awardees and the positive impacts of the scholarship program. By utilizing digital platforms such as Instagram and TikTok, the government can expand the reach of promoting Indonesian culture to all social media users.
Perlindungan Hukum Terhadap Eksploitasi Jam Kerja Mahasiswa Magang Rahmadia, Mohamad Haikal
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.12516785

Abstract

Internship is an activity that is usually carried out by students or new graduates who aim to gain work experience in a company or organization. It is common for students who are doing internships to be exploited for their labor hours. Exploitation practices can occur in various ways that are unfair and detrimental to students. One form of exploitation is assigning overtime tasks without any compensation or additional wages that should be received by them. This research aims to formulate the existing laws and regulations in Indonesia related to the protection of the rights of student interns.
Implikasi Hukum Terhadap Kontrak Kerja Fleksibel, Antara Kesejahteraan Pekerja dan Kepentingan Bisnis Hia, Imelda Indah 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.11395017

Abstract

In today's workplace, flexible work arrangements have become one of the most common phenomena. This type of contracting provides a freeze for companies to adapt their workforce to market conditions, but it also often creates complex legal requirements. This article reveals the application of the law to flexible work arrangements by highlighting employee work ethics and business needs. First, an analysis will be conducted on how flexible work arrangements affect employees' work-related stress, including stress-related health problems, social stress, and economic stability. Second, an understanding of the laws of business needs, such as operational openness, cost efficiency, and market adaptability, will be discussed. Next, this article will examine the relationship between these two aspects, the importance of business ethics and employee ethics as well as the challenges that arise in achieving a balance between the two aspects mentioned above. By exploring a deeper understanding of the legal essence of flexible work contracts, this article is expected to provide guidance for policy companies, legal practitioners, and parties involved in the work environment to ensure fairness and balance between the interests of workers and business.