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[Keterlibatan Organisasi Kriminal Transnasional Dalam Jaringan Perdagangan Manusia ]]>
<![CDATA[Ilmih, Andi Aina]]>;
<![CDATA[Arabel, Yunita Sekar Ety]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.12730445
<![CDATA[Human trafficking involving transnational criminal organizations is a serious problem that requires global attention. This research investigates the modus operandi, strategies, and impact of transnational criminal organizations' involvement in human trafficking, as well as the effectiveness of law enforcement and victim protection efforts. Research methods use qualitative and quantitative approaches, including case studies, interviews, document analysis, and surveys. The results highlight the complexity of this phenomenon, the importance of cross-national cooperation, and the detrimental impact on victims. In conclusion, joint efforts from governments, law enforcement agencies, NGOs and civil society are needed to overcome these challenges. Solidarity between nations is key in fighting transnational criminal organizations, underscoring the need for a collective response to protect human rights and ensure global peace.]]>
<![CDATA[Tinjauan Yuridis Peyelenggaraan Pemerintahan Daerah Provinsi Yang Bersih Korupsi, Kolusi, dan Nepotisme Menuju Good Governance ]]>
<![CDATA[Ama, Jefrianus Tamo]]>;
<![CDATA[Kadir, Syukron Abdul]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11638036
<![CDATA[The central government and provincial regional governments have close relations. There are at least four factors in the relationship between the Central Government and regional governments that determine the relationship between the Central Government and Regional Governments, including: Authority relationships, financial relationships, supervisory relationships, and relationships arising from the structure of regional government organizations. The position of the Regional People's Representative Council (DPRD) before the enactment of Law no. 32 of 2004 concerning Regional Government has differences. The position of the Regional People's Representative Council (DPRD) in Law no. 22 of 1999 concerning Regional Government, the difference is: In Law no. 32 of 2004, the position of the DPRD is as a Regional People's Representative Institution and has the role of organizing element of regional government (Article 40). Meanwhile, in Law no. 22 of 1999, the position of the Regional People's Representative Council is as a Regional Representative institution which is representative of democracy based on Pancasila and as a regional legislative body which has an equal position and is a partner of the Regional Government (article 16). Good governance is something that is very crucial for the government to pay attention to in carrying out and carrying out its role in accordance with its functions and duties so that it complies with legal provisions.]]>
<![CDATA[Perlindungan Hak Cipta Terhadap Pencipta Lagu yang Diunggah Ulang Melalui Aplikasi Tiktok ]]>
<![CDATA[Az Zahra, Shabrina Najla]]>;
<![CDATA[Fauziyyah, Laila]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11576084
<![CDATA[Song duplication by TikTok users on social media TikTok often occurs without their knowledge and may be illegal. This article looks at the legal disputes that occur between TikTok users and the owners of the copyrights of music that are posted and shared on the social media platform. A normative legal method based on relevant laws is used in this research. The findings of the study demonstrate that the music included on TikTok are legally protected by copyright, in compliance with Law Number 28 of 2014 respecting Copyright, meaning that infringers may face penalties in line with relevant laws. In order to react to copyright violations in its application, TikTok has also worked with music owners via licensing arrangements, wherein content consumers serve as third parties and use the licensing agreement. Therefore, in order to prevent legal infractions that might endanger copyright holders, TikTok users are urged to comprehend and respect copyright more.]]>
<![CDATA[Peranan Hukum Dalam Mencapai Keadilan dan Kesejahteraan Terhadap Kehidupan Masyarakat ]]>
<![CDATA[Nirwana, Rena Putri]]>;
<![CDATA[Lewoleba, Kayus K]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.12189122
<![CDATA[In its role as public administrator, the state upholds the ideals of progress, aspiration, and responsiveness to community needs through the enactment of progressive legislation. The state was established with the purpose of achieving community welfare. Law enforcement officers, particularly judges, stress eternal justice alongside legal clarity (rechtsvaardigheit) while resolving conflicts. It is critical to show that the law and its enforcers, particularly judges, have the moral fortitude to prove that the legislation is necessary to achieve societal good. The goal of this research is to understand what justice means in Indonesian law and to outline the legal framework that would allow Indonesia to build a legal system that is perfect and achieves the concept of a welfare state. Normative legal study often makes use of descriptive analysis as a research method. information derived from secondary sources, as well as primary, secondary, and tertiary legal documents.]]>
<![CDATA[Tinjauan Hukum Mengenai Tenaga Kerja Indonesia (TKI) Illegal yang Terjadi di Indonesia ]]>
<![CDATA[Setyarini, Astri Dewi]]>;
<![CDATA[Prasetyo, Handoyo]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.12551820
<![CDATA[Problems related to Indonesian Workers (TKI) stem from the ineffective management of companies that distribute TKI. The lack of education of prospective migrant workers makes them vulnerable to fraud. Low understanding of the rules for working abroad is also a serious problem. Government protection for migrant workers is regulated in law, but there are still shortcomings in its implementation. Solutions to overcome this problem include improving recruitment, providing training to prospective migrant workers, and making agreements with the destination countries for migrant workers. Legal protection for migrant workers needs to be strengthened, including for domestic helpers who are vulnerable to exploitation. Current labor laws do not provide adequate protection for them. Improvements in legal protection for migrant workers and domestic helpers need to be made both domestically and abroad.]]>
<![CDATA[Keabsahan Pencatatan Perkawinan Beda Agama Antar Warga Negara Indonesia yang Dilakukan di Luar Negeri ]]>
<![CDATA[Afifah, Dashilfa]]>;
<![CDATA[Pranitiaz, Laras Medina]]>;
<![CDATA[Dewanti, Tyur Regina]]>;
<![CDATA[Sukma, Nina Fitria]]>;
<![CDATA[Naufal, Abyan Hafizd]]>;
<![CDATA[Ramadhani, Dwi Aryanti]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11534715
<![CDATA[This research aims to assess the validity of interfaith marriages between Indonesian citizens conducted abroad based on Law Number 1 Year 1974 on Marriage. In addition, this study also evaluates whether interfaith marriages between Indonesian citizens abroad can be considered as a form of legal smuggling in the perspective of International Civil Law. The approach used is normative juridical research, which utilizes secondary legal sources, consisting of primary, secondary, and tertiary legal materials. The data collection method is done through literature study. Based on the results of the research, it is found that interfaith marriages between Indonesian citizens abroad are considered invalid according to the UUP because they violate the provisions of Article 2 paragraph (1), which states that marriage is valid if it is carried out according to the laws of each religion and belief. Therefore, such interfaith couples often use Article 56 as a basis to solemnize marriages abroad and then record them in Indonesia in order to fulfill administrative requirements in accordance with the UUP. According to the rules of International Civil Law, a marriage is performed under the law of the place where the marriage takes place. However, in the context of Indonesian law, this practice is often considered a form of legal smuggling against Article 2 paragraph (1) of the UUP, as couples avoid the restrictions of national law by marrying abroad. Thus, although legally valid in the country where the marriage was performed, the interfaith marriage is not recognized as valid under the UUP without re-registration in Indonesia.]]>
<![CDATA[Analisis Yuridis Terhadap Instansi Pendidikan Yang Melakukan Penahanan Ijazah Menurut Hukum Perdata ]]>
<![CDATA[Keppy, Christmas Petra]]>;
<![CDATA[Adrini, Shaina Subha]]>;
<![CDATA[Loren, Medina]]>;
<![CDATA[Ariana, Jessica]]>;
<![CDATA[Nurdiannisa, Alifa]]>;
<![CDATA[Yuli, Yuliana]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11746682
<![CDATA[This study examines the practice of withholding diplomas by educational institutions from legal, sociological, and philosophical perspectives. Diploma withholding is often implemented by schools as a means to enforce tuition payment, but this practice raises legal and ethical controversies. This research employs a literature study method with a descriptive-analytical approach to analyze the legal basis for diploma withholding, its impact on students' rights, and its relation to Sustainable Development Goals (SDGs) Number 4 on quality education. The findings indicate that withholding diplomas without clear legal grounds violates students' rights and can negatively affect educational access equality. Diploma withholding also exacerbates social and economic disparities. Therefore, legal advocacy and policy changes are needed to ensure that diploma withholding is conducted in accordance with legal provisions and justice principles.]]>
<![CDATA[Strategi Penegakan Hukum Internasional Dalam Menanggulangi Perdagangan Narkotika Lintas Negara Melalui Jalur Maritim ]]>
<![CDATA[Aurelita, Mira]]>;
<![CDATA[Prasetyo, Handoyo]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.12526244
<![CDATA[The era of globalization accompanied by technological advances and connectivity between countries opens opportunities for the development of transnational crimes, one of which is narcotics trafficking. In recent years, the global narcotics trade has undergone a significant shift. International syndicates have begun to utilize maritime and water routes as the main distribution route, shifting the focus from the previously dominant land route. This research aims to find out what factors cause the large number of transnational narcotics trafficking through maritime routes and how a comprehensive and integrated international law enforcement strategy to tackle narcotics trafficking through maritime routes. This type of research is normative juridical with a statutory approach and case approach, as well as a literature study method. The result of this research is that factors such as ease of access, sophisticated technology, weak supervision, and economic factors provide a wide gap for drug traffickers. International legal instruments such as UNTOC and the 1988 UN Convention provide a foundation for cooperation and maritime law enforcement. However, high levels of state commitment and close international cooperation are required to overcome these challenges.]]>
<![CDATA[Literasi dan Edukasi: Meningkatkan Pemahaman Masyarakat terhadap Ekonomi Syariah di Indonesia ]]>
<![CDATA[Oktafianur, Muhammad Dodi]]>;
<![CDATA[Rahmayanti, Selvia Dinda]]>;
<![CDATA[Azizah, Tiara Putri]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.11443055
<![CDATA[As a country with the largest Muslim population in the world, Indonesia has the potential to become one of the centers of Islamic financial and economy at the regional and global levels. This potential needs to be balanced with a good and comprehensive understanding in the fields of Islamic economics and finance so that its distribution is not spread evenly throughout the region. Indonesia has a large market potential, so Indonesia must be the main driver of the Islamic economy. The research approach uses a descriptive qualitative approach with the literacy method. Research data analysis is focused on Islamic financial literacy. Data collection in this study is to use primary and secondary data. Islamic economic and financial literacy consists of several elements, the identification of the first element starts from the term financial literacy. The conception of financial literacy consists of two major parts, namely the element of mastery of financial knowledge and the implementation element of financial knowledge itself. Then the next step is to make the conception of financial literacy more comprehensive. In terms of external, Indonesia has opportunities to develop literacy and Islamic economic human resources. However, as for the challenges in developing the Islamic economy in Indonesia. One of them is the wrong understanding that Islamic financial products can only be accessed by people who are Muslim. This understanding is actually not true, because Islamic financial products can be accessed by anyone, not limited to certain religions.]]>
<![CDATA[Pokok-Pokok Ajaran Ahmadiyah ]]>
<![CDATA[Santalina, Indo]]>;
<![CDATA[Bahar, Elsa Wildia]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.12741748
<![CDATA[Ahmadiyah is a religious movement in islam founded by Mirza Ghulam Ahmad. The founder of the ahmadiyah congregation came from a respectable family , he was born on February !3 1835 , 0r 14 Shawwal 1250 H on Friday in qadian hamlet which is locted 24 km from the city of amritsar, Punjab , india. Studying the origins and movement of the ahmadiyah movement is interesting because this movement still has followers in a number of muslim countries, including Indonesian. In this paper, using a qualitative approach, the researcher tries to trace the traces of the ahmadiyyah movement an its main ideas. This research is a literature study. The result of the research show that the emergence of the ahmadiyyah sect was motivated by social and political conditions so that various sects emerged , one of which was the sect brought by mirza ghulam ahmad on march 23 1889 in indian to eliminate the feeling of emptiness of religious outhory, as well as wanting the public to have a capable figure . direct you to the staright path.]]>
