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[Isu Hukum Dalam Penanganan Pandemi: Evaluasi Respons Hukum Terhadap Krisis Kesehatan di Indonesia ]]>
<![CDATA[Warsito, Ronggo]]>;
<![CDATA[Oktafianur, Muhammad Dodi]]>;
<![CDATA[F, Ferdiyansyah]]>;
<![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.11515600
<![CDATA[To handle the health crisis more effectively, increased transparency and accountability in decision making and policy implementation are needed. This includes providing clear and open information to the public about the steps taken by the government, as well as mechanisms for evaluating and reporting progress in handling the crisis. Active Community Participation: The community must be actively involved in the decision-making process and implementation of policies related to the health crisis. This includes listening to community aspirations and needs, as well as exploring local knowledge and available resources to strengthen crisis management efforts. Inter-Agency Collaboration and Stakeholder Engagement Close collaboration between various government agencies, the private sector, non-governmental organizations and civil society is essential to respond effectively to the health crisis. This includes good coordination in the distribution of resources and responsibilities between institutions, as well as the formation of strategic partnerships to support crisis management efforts. Capacity Strengthening and Training: Health officials and policy implementers should be trained regularly on laws, policies and practices related to health crises. This includes increasing understanding of health protocols, law enforcement procedures, and ethical principles in responding to health crises. Continuous Evaluation and Learning Continuous evaluation of the government's response to the health crisis.]]>
<![CDATA[Perlindungan Hukum Atas Pencabutan Izin Usaha Pertambangan Oleh Satuan Tugas Penataan Penggunaan Lahan dan Penataan Investasi ]]>
<![CDATA[Gultom, Devi Roma Loisa]]>
<![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.13348018
<![CDATA[The protection of law-abiding mining permit holders whose IUP (Mining Business Permit) is revoked by the Minister of BKPM (Investment Coordinating Board) is the topic addressed in this article. This article aims to identify and analyze the legal basis for the revocation of IUPs by the Minister of BKPM, as well as the legal protection available to affected IUP holders. The research method used in this case study is a normative juridical approach. The author examines and studies data including primary, secondary, and tertiary legal materials, as well as bibliographic data. The research findings indicate that the revocation of IUPs is a last resort measure for administrative sanctions for companies failing to meet their obligations, and that the revocation carried out by the BKPM Task Force is legally flawed and violates the provisions of Article 188 of Government Regulation No. 96/2021. Legal protection available to affected permit holders includes administrative legal remedies, requests, and administrative court lawsuits.]]>
<![CDATA[Pondok Pesantren Waria Al-Fatah Yogyakarta : Harapan di Tengah Ketidakadilan Hukum dan Sosial ]]>
<![CDATA[Aryaputri, Aqila Shafiqa]]>;
<![CDATA[Lewoleba, Kayus Kayowuan]]>
<![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.11671182
<![CDATA[This paper examines the vital role of Pondok Pesantren Waria Al-Fatah Yogyakarta in strengthening human rights protection for the waria community. By examining the legal system in Indonesia and the contributions of the pesantren, this brief discusses how the institution has participated in providing a safe and supportive environment, providing religious education, training skills, and providing legal assistance to members of the transgender community. Through these efforts, Pondok Pesantren Waria Al-Fatah Yogyakarta serves not only as a physical sanctuary, but also as an agent of social change that promotes inclusion and recognition of human rights for all individuals, including waria. Overall, this pesantren serves as an important example of how commitment and concrete efforts can have a positive impact in fighting for the rights of waria and encouraging a more inclusive society.]]>
<![CDATA[Perlindungan Hak Asasi Manusia Terhadap Perdagangan Orang Dalam Kasus Lintas Negara ]]>
<![CDATA[H, Harti]]>;
<![CDATA[Ilmih, Andi Aina]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[Crimes such as human trafficking, drug trafficking, money laundering and terrorism pose serious threats to the security and well-being of the international community. Organized transnational crime not only poses a threat to global security, but is also a highly profitable business for the perpetrators. Transnational crime, including human trafficking and human smuggling, remains a serious threat faced by almost all countries. Criminal groups involved in human trafficking often operate in hidden black markets, difficult to identify and stop. Human trafficking knows no boundaries of gender, age, status, ethnicity or nationality. Victims can come from various backgrounds and socio-economic conditions. Factors such as poverty or an unsafe living environment can increase a person's risk of becoming a target for human trafficking. Human traffickers, or what are often referred to as traffickers, use various methods and strategies to recruit victims. As globalization continues to grow stronger, the global community must face various complex issues that develop from ideology to practical impacts that occur in various regions of the country. One of the significant impacts of globalization is the emergence of various types of disturbing transnational crimes.]]>
<![CDATA[Analisis Kriminal Santet Sebagai Salah Satu Tindak Pidana Sesuai Dengan Perspektif Hukum RUU-KUHP di Indonesia ]]>
<![CDATA[Priambodo, Rodrigo]]>;
<![CDATA[Nugroho, Widhi Cahyo]]>
<![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.11663616
<![CDATA[In overcoming a criminal problem, we will usually refer to the legal perspective of the Criminal Code Bill in Indonesia. This is because the existence of a case that causes victims and even causes death must be a serious problem in the law of the Draft Criminal Code. However, in this research the author will discuss the analysis of criminal cases caused by black magic which lead to the criminal act of the Criminal Code Bill in Indonesia. In fact, in cases of criminal acts that have existed in Indonesia so far, a judge has never given a decision for the criminal of black magic, this is due to the lack of authentic evidence related to proving that someone who is a victim of black magic actually exists. This has caused debate among all legal experts, plus several years ago the law that was passed according to the Draft Criminal Code was a law that discussed witchcraft as a criminal act whose punishment was already written in the Draft Criminal Code in Indonesia. In the debate itself, there were pros and cons to the decision submitted to the Supreme Court in ratifying the law, because one of the main factors from several legal experts who were against the ratification explained that if the evidence obtained is not accurate, how can we determine the perpetrator or victim in the matter. In this research, the type of research used in this thesis is normative research. This research method is used to determine legal rules, legal principles, and legal doctrines in order to answer the legal issues faced. This type of normative research is also often referred to as doctrinal research.]]>
<![CDATA[Gugatan Pembatalan Perkawinan Yang Dinyatakan Tidak Diterima Akibat Penetapan Itsbat Nikah Antara Suami Dengan Istri Kedua Ditinjau Dari UU Perkawinan dan Hukum Acara Perdata (Studi Kasus Putusan Nomor 343/Pdt.G/2023/PTA.Sby) ]]>
<![CDATA[Rambe, Fitri Hanum]]>;
<![CDATA[Djanuardi, Djanuardi]]>;
<![CDATA[Rachmainy, Linda]]>
<![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.12627702
<![CDATA[Polygamous marriage in Indonesia can be carried out by fulfilling the requirements stipulated in the legislation. However, if these requirements are not met, the marriage can be annulled. The Surabaya High Court Decision No. 343/Pdt.G/2023/PTA.Sby is one such decision regarding a lawsuit for the annulment of a marriage filed by the first wife against her husband's polygamous marriage with the second wife, which was conducted without the consent of the lawful first wife. The decision stated that the lawsuit could not be accepted because the marriage proposed for annulment had already been dissolved due to death. This study aims to understand the basis for the lawsuit to annul the second marriage and the legal consequences on the status of the second marriage from the perspective of the Marriage Law and Civil Procedure Law. The author conducted this research using a normative juridical approach with a descriptive-analytical research specification. Data collection techniques were carried out through literature studies that gathered primary, secondary, and tertiary legal materials. The data analysis method was conducted through a normative qualitative method to address the legal issues in this study. Based on the research results, it can be concluded that the basis for the lawsuit to annul the second (polygamous) marriage did not meet the marriage requirements stipulated in Article 3 paragraph (2) of the Marriage Law, which states that a person engaging in polygamy must have the consent of the parties concerned. Furthermore, the legal consequence of the Surabaya High Court Decision No. 343/Pdt.G/2023/PTA.Sby, which stated that the lawsuit could not be accepted because the marriage had been dissolved due to death, is that the second marriage existed (was valid) along with its legal consequences.]]>
<![CDATA[Kepastian Hukum Terhadap Kasus Tumpang Tindih Pada Sebagian Bidang Tanah Yang Dikuasai oleh Dua Pihak Pemilik Sertipikat Hak Milik ]]>
<![CDATA[Waluya, Carrissa Nurfaliza]]>;
<![CDATA[Aksinuddin, Saim]]>;
<![CDATA[Soleh, Yudi Prihartanto]]>
<![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.11607805
<![CDATA[Since the enactment of the Basic Agrarian Law in 1960, Indonesia has established a national legal framework, replacing the colonial system that lacked legal certainty for its people. The integration of customary law principles was key in the development of national land law, balancing aspects of communal and individual ownership. Property rights to land are clearly outlined in the Basic Agrarian Law, facilitating the transfer of ownership. However, there are still cases of overlapping land certificates. This study adopts a juridical-normative research method, analyzing legislation on land registration. The research aims to deepen understanding of legal regulation and dispute resolution, in the hope of improving legal certainty and protection in land ownership in Indonesia. Overlaps in land titles are emerging as a significant problem. Factors such as absenteeism during land boundary mapping, certificate forgery, and unclear inheritance division contribute to this overlap. Addressing this issue requires appropriate measures. Data correction, mediation, re-survey, annulment of legal products, or litigation are potential solutions.]]>
<![CDATA[Perbandingan Hukum Perdata Tentang Orang dan Badan Hukum di Indonesia, Amerika dan Inggris ]]>
<![CDATA[Rafidah, Annisa Rahma]]>;
<![CDATA[Nurrachman, Azzahra]]>
<![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.12190210
<![CDATA[Legal subjects are anything that can obtain rights and obligations from the law. Legal subjects are bearers of rights or subjects in law, namely people. Legal entities are legal subjects that do not have souls like humans, so that legal entities cannot carry out legal acts themselves, but are represented by ordinary humans and the person acts not as themselves, but on behalf of the legal entity. Descriptive research methods focus on collecting and analyzing data to provide a clear picture of a phenomenon or situation. Descriptive-analytical research is more specific, because in addition to describing phenomena, this method also analyzes the relationship or association between variables. By comparing the law in Indonesia with the law in other countries, we can have a new outlook on life. Although there are differences in the legal systems of each country, humans still have the same rights and obligations in the eyes of the law.]]>
<![CDATA[Analisis Dampak Kebijakan Pemerintah Tentang Pemindahan Ibu Kota Terhadap Berjalannya Pemerintahan ]]>
<![CDATA[C, Chatrine]]>;
<![CDATA[Triadi, Irwan]]>
<![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.12572790
<![CDATA[The relocation of the capital city is a strategic decision that can have significant impacts on the government's organizational structure and the management of national assets. This article aims to analyze the effects of capital relocation on the government's organizational structure and the management of national assets using a normative juridical approach and data collection through literature review. Through the analysis of various regulations, legal documents, and relevant theories, this article presents how capital relocation can affect the government's organizational structure. Additionally, the article also highlights aspects of national asset management related to capital relocation, such as the transfer of ownership and the management of infrastructure. Thus, this article contributes to the legal and administrative implications of capital relocation.]]>
<![CDATA[Analisis Makna Pasal 34 Ayat 1 UUD 1945 dan Implikasinya Terhadap Jaminan Kesejahteraan Warganegara Indonesia ]]>
<![CDATA[Najwa, Atika]]>;
<![CDATA[Adisty, Muhammad Luthfi Fauzi Putra]]>;
<![CDATA[Anbiya, Bakhti Fatwa]]>
<![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.11541200
<![CDATA[The 1945 Constitution is the constitution and is the highest source of law for the unitary state of the Republic of Indonesia. The existence of the 1945 Constitution aims to protect and prosper the nation. Article 34 Paragraph 1 of the 1945 Constitution regulates the state's responsibility towards the poor and abandoned children, emphasizes the need for the government and society as a whole to act to ensure the welfare of children, aims to guarantee their welfare and protection, and emphasizes the importance of government and community participation in achieving the goal. Despite this, reality still shows that there are many neglected children in Indonesia, who face physical, psychological and social challenges. Neglected children are defined as children who do not have adequate protection and care, while the poor are those who live in extreme poverty without access to basic needs. While the constitution emphasizes protection and welfare for these groups, there are still many challenges in implementation. These problems are not only social in nature but also involve economic, political, cultural, educational, and legal aspects, thus requiring the active role of the government and multisectoral cooperation. This research uses documentation and literature review methods, as well as reviewing various related journals to evaluate the enforcement of the rights of the poor and abandoned children contained in article 34 paragraph 1.]]>
