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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 93 Documents
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Search results for , issue "Vol 2, No 3 (2024): September" : 93 Documents clear
Pertanggungjawaban Pemerintah Terhadap Mahasiswa Indonesia Korban Eksploitasi Program Magang Ferienjob di Jerman Nurfajriana, Syifa; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11666797

Abstract

Universities must design innovative learning to optimize student attitudes, knowledge, and skills. One of them includes the internship program at the Merdeka Campus. However, some parties abuse this situation resulting in the exploitation of students in the Ferienjob Internship Program in Germany. The aim of this research is to determine the government's responsibility towards students in the Ferienjob Internship Program in Germany. The research method used is normative research. This criminal act of human trafficking (TPPO) began with the socialization of the Ferienjob program at various universities by PT Cvgen and PT Sinar Harapan Bangsa (SHB). The perpetrators attract potential participants with tempting promises, such as stating that this internship program equals 20 college credits. The human trafficking case has involved several parties, both the government and the target company, so the government must be responsible for providing protection to the victims. The criminal act of trafficking in persons (TPPO) involves many parties, and students are exploited economically and energetically, so the government has a big responsibility to provide adequate protection. The author suggests that the government immediately develop special regulations for international internship programs for vocational and non-vocational students.
Analisis Hukum Fasilitas Penanaman Modal Bagi Investor di Kawasan Ekonomi Khusus Agatha, Aurelia; Sona, Riska Suainur
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12690484

Abstract

Indonesia's Special Economic Zones (SEZs) have long been under global scrutiny as they serve as a primary tool for developed nations to assert their influence in developing and underdeveloped countries. In Indonesia, SEZs have evolved from various forms of economic activities such as Free Trade Zones and Closed Zones Plus, yet they have not yielded significant benefits for the country and foreign investors. As a strategically located archipelagic nation, Indonesia finds it challenging to avoid global interactions due to its crucial geographical position and abundant natural resources. This research aims to analyze the legal framework governing investment facilities for investors in SEZs, focusing on investment regulations, legal protection for investors, and infrastructure development policies. A literature review analysis method is employed to evaluate the legal implications of investment in SEZs. The findings of this study provide a deeper understanding of the legal challenges facing investors in SEZs and offer policy recommendations to enhance legal certainty and investment potential in these areas. The contribution of this research is essential to the literature on investment law and SEZ development, providing valuable insights for policymakers, legal practitioners, and academics involved in SEZ management.
Konsep Perlindungan Hukum Bagi Anak Turut Serta Dalam Melakukan Tindak Pidana Berdasarkan Hukum Positif Indonesia Haryanto, Imam; Wahdah, Azzhara Nikita; Almagfira, Anisa; Amelia, Dean Putri; Mulya, Ilham Indra; Tambunan, Joy Catherine Carina
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11623459

Abstract

Children are precious assets for the future of the nation, so legal protection for them is a crucial aspect in realizing a just and prosperous society. In Indonesia, child protection is regulated in various laws, including for children involved in criminal acts. The involvement of children in criminal acts raises concerns because they are still in the developmental stage and are vulnerable to negative environmental influences. Therefore, the authors will examine the concept of legal protection for children who participate in committing criminal acts based on Indonesian positive law. The research employs a normative juridical method, which relies on legal norms as a foundation for examining and analyzing prevailing legal regulations. Its objective is to explore and investigate a type of safeguard for minors engaged in criminal activities within the framework of Indonesian positive law, and to probe into the factors hindering the provision of legal aid to children involved in such criminal activities. The findings reveal that despite existing regulations governing legal protection for juveniles in the justice system, their execution has been suboptimal due to insufficient facilities, awareness, and funding.
Menjamin Hak dan Kepastian Hukum Terhadap Orang Yang Berada Dalam Pengampuan Amanda, Niken Dwi; Nurdin, Merry Kurniawati; Zahra, Hilyah Az; Malik, Syaiful; Akbar, Soultan Raffly; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Guardianship is a legal mechanism to place an adult who is deemed incapable of independent action, such as due to age, mental condition, or physical limitations, on the same status as children who are not yet capable of legal action. A guardianship order can be requested by the spouse, family, prosecutor's office, or any other interested party. The Surya Permana case is used as an example to show how judges consider evidence and the Respondent's condition before deciding on guardianship. In this case, the judge appointed the Respondent's wife as guardian to manage the Respondent's legal and financial interests. This research aims to provide a comprehensive understanding of the guardianship mechanism, the rights of guardians, the legal process involved, and the importance of legal protection for individuals under guardianship. In this research, the author uses a normative legal method that is descriptive in nature. The results of the study show that guardianship is an important legal instrument to guarantee the civil rights of individuals and prevent actions that harm themselves or others. The process of establishing guardianship is conducted through juridical and non-juridical considerations by the judge to ensure that the individual really needs guardianship. Guardianship can end if the individual's condition improves and he or she is deemed competent to perform legal acts.
Pernikahan Beda Agama Ikram, Muhammad Furqanul; Shuhufi, Muhammad; M, Misbahuddin
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12592812

Abstract

Interfaith marriages are a phenomenon that is increasingly occurring in the era of globalization and modernization. An increasingly diverse and open society, coupled with easy access to information and human mobility, has made cross-cultural and religious interactions commonplace. In the Indonesian context, which has a variety of religions and beliefs, interfaith marriage is a quite complex and sensitive issue. The main topic in this discussion is interfaith marriages carried out by Muslim men or women with non-Muslim men or women, which are then formulated into several problem formulations, namely: (1) What is the law on interfaith marriages in Islamic law?; (2) What are the impacts that arise if an interfaith marriage occurs?; (3) What are examples of cases of interfaith marriages in Indonesia.
Efektivitas Pengaruh Lingkungan Terhadap Korban Bullying Berdasarkan Perspektif Kriminologi Dalam Ranah Pendidikan Alfatir, Muhammad Nur; Akbar, Raehan; Nathanael, Kristian; Najma, Siti Najla Nur; Nugraha, Setyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11542270

Abstract

Bullying is not a new criminal act in society. Bullying cannot be underestimated considering that the impact of bullying is the most dangerous, namely that it can cause someone to have the desire to commit suicide. Therefore, there is a need for protection and an approach provided by law so that the crime of bullying in Indonesia can be reduced. This article was created to find out what factors cause bullying to occur, as well as the effectiveness of the environment on victims of bullying. Based on the research results, answers to existing problems can be obtained and conclusions can be drawn, firstly, bullying treatment that occurs in the educational environment can be seen from two aspects, namely the perpetrator and the victim. Judging from the perpetrator's perspective, there are racial differences, the appearance of symbols of seniority, the nature of feeling perfect, broken homes (problems in the family), as a means of entertainment, increasing popularity, and economic differences. The factors viewed from the victim's perspective are that the victim is weaker, keeps quiet a lot, and is a new person in their environment. Second, if there is an act of bullying violence in positive law, it is subject to the law in the Criminal Code.
Hubungan Implementasi Hukum Terhadap Dampak Psikis Mahasiswa Korban Bullying di Fakultas Hukum UPN “Veteran” Jakarta Oktaviani, Eka Putri; Wiliananda, Dwi Cinta; Khalila, Khalisa Putri; Khairiyyah, Lina Husnul
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Bullying is an action or behavior carried out by means of physical, verbal or emotional/psychological harm by a person or group who feels physically or mentally weaker repeatedly without any resistance with the aim of making the victim suffer. This research aims to: (1) describe the impact of bullying on students' mental health, (2) determine the forms of bullying that occur within the UPN Veteran Jakarta Faculty of Law, (3) identify actions that can be taken to address bullying problems. The approach taken in this research is quantitative using a questionnaire instrument technique via Google Form to obtain research data. From this research it was found that: (1) the impact that arises from bullying behavior on students at the Faculty of Law, UPN Veteran Jakarta, is that the victim becomes less confident and feels restless or nervous when meeting with large groups of people; (2) the form of bullying that occurs within the Faculty of Law at UPN Veteran Jakarta is cyberbullying, namely by the victim's friends uploading photos of the victim on social media without permission, apart from that there is also verbal bullying, namely by mocking or commenting on ethnicity and/or race and/ or religion; (3) the action that can be taken to address bullying problems is through criminal acts.
Eksekusi Mati Dalam Perspektif Hukum Pidana Internasional dan Penerapannya di Indonesia Fikrie, Safina Nabila; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12547249

Abstract

This article examines death executions from the perspective of international criminal law and its application in Indonesia considering that there are still clashes or conflicting norms in implementing them in Indonesia. The research method used is the Normative Juridical research method. Normative Juridical Research is a legal research method carried out by examining library materials or mere secondary materials. This research approach is a statutory and case approach. This approach is carried out by examining laws and cases related to the legal issues being studied. In this case the author refers to Law Number 1 of 2023 concerning the Criminal Code, Declaration of Human Rights, and the International Covenant on Civil and Political Rights (ICCPR). The research results show that the implementation of death executions in Indonesia faces complex challenges, especially due to international pressure related to human rights. Many countries and international organizations have criticized the death penalty as a violation of the right to life, including Amnesty International and Human Rights Watch. Indonesia's commitment to international treaties, such as the International Covenant on Civil and Political Rights (ICCPR), adds to the dilemma of balancing international compliance with national law. Differences between national laws that allow the death penalty for serious crimes, such as narcotics and terrorism, and international standards that encourage restrictions on the death penalty also complicate the situation.
Peranan Hatobangon Dalam Penyelesaian Kekerasan Dalam Rumah Tangga (KDRT) di Kabupaten Padang Lawas Harahap, Holilatun Nisa; Syahminan, Mhd.; Muary, Rholand
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11488996

Abstract

This research aims to find out what role hatobangon plays in resolving domestic violence in the Sigading village community, Huristak District, Padang Lawas Regency. This research uses qualitative research methods with a descriptive approach. Data collection techniques used were observation, interviews and documentation. The number of informants in this research was eight people. This research uses Lewis Coser's theory, namely social conflict theory. According to Coser, conflict can play an important role in the development, consolidation, and maintenance of social structures. He sees conflict as a struggle over values and claims for status, power, and scarce resources with the goal of neutralizing opponents or eliminating rivals. Coser differentiates conflict into two, namely realistic conflict is conflict that originates from individual or community group disappointment with the demands that exist in social relations. Meanwhile, non-realistic conflict is conflict that does not originate from opposing competitive goals, but is a need for certain parties to reduce tension. Hatobangon is a traditional figure who participates in resolving problems, if invited by the family to mediate. In the Qur'an, it is explained that if there is a dispute between husband and wife, then call the hakam as a mediator who will consider both cases and prevent people from being wronged.
Konsep Negara Hukum Dalam Perspektif Hukum Tata Negara Indonesia (The Concept Rule Of Law From The Perspective Of Indonesian Constitutional Law) Kaban, Divany Harbina Emzilena; Putri, Keshia Annisa; Paksi, Arif Pujawangsa; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11670332

Abstract

Almost every country has aspirations to become a rule of law state. Indonesia is no exception, with its aspiration as a rule of law state enshrined in the 1945 Constitution of the Republic of Indonesia. The concept of a rule of law state places all activities of the state and its society under the law. It also governs the administration of the state through legislation and upholds the sovereignty or supremacy of the law based on principles and values of justice. This research employs a juridical normative approach by conducting document analysis and utilizing data and information obtained through literature review. The research findings suggest that the concept of a rule of law state should be upheld because it offers the advantage of enabling the state to control society and foster justice within the nation. Furthermore, to address the shortcomings of this legal concept, it is necessary to incorporate principles and values that have developed and become integral to society, such as those embodied in Pancasila, into prevailing legislation. This ensures that legislation serves not only as a tool for those in power to govern the state but also as a manifestation of justice within society.

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