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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
Perlindungan Hukum Terhadap Pekerja PKWT Atas Pemutusan Hubungan Kerja Sepihak Sebelum Masa Kontrak Berakhir Maharany, Chezia
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.12174047

Abstract

This research was conducted to analyze how the law protects PKWT workers who are laid off before their contracts end, using a normative legal approach and qualitative research methods. The research results show that legal protection for PKWT workers for unilateral layoffs before the contract period ends is regulated in Law Number 13 of 2003 concerning Employment and Government Regulation Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Rest Time, and Work termination. PKWT workers who are laid off unilaterally when the contract period has not yet expired, the company MUST provide compensation money to the PKWT worker as much as the remaining contract period in the contract agreement. Or giving severance pay/compensation if the PKWT worker has extended his contract with the company, but in the middle of the new contract being implemented the company lays off the worker. PKWT workers who are laid off unilaterally can take legal action to obtain their rights. Legal remedies that can be taken are through Bipartite, Conciliation or mediation, and the Industrial Relations Court.
Tindak Pidana Penipuan Oleh Promotor Penyelenggara Konser (Studi Kasus Konser We All Are One) Nabila, Najwa Vira
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.12533211

Abstract

Korean culture has spread throughout the world, including Indonesia, which is one of the countries with the highest K-Pop fans. The rise of K-Pop fans in Indonesia presents music concerts as a place to bring fans together with their idols. K-Pop concerts held in a country are generally arranged by the promoter. However, sometimes promoters are negligent or deliberately commit criminal acts of fraud that harm fans who have bought concert tickets to watch their idols. The promoter's responsibility to fans must be carried out according to existing regulations. This research is aimed at finding out and analyzing criminal acts of fraud committed by the promoter of the K-Pop concert We All Are One who is a foreign citizen, as well as the responsibilities of a promoter towards his consumers.
Peran Negara Hukum dan Lembaga Penegakan Hukum Terhadap Kasus Pelecehan Seksual Bagi Perempuan dan Anak Liana, April; Cordias, David Miseri; Z, Zulkarnain
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.11446447

Abstract

The state law and it’s application in cases of sexual abuse against women and children are covered in this publication. The aim of this research is to determine the methods used to prevent and combat sexual violence as well as the way in which the supremacy legal system is implemented in these situations. A review of the relevant literature and data analysis from a variety of sources are the methods of analysis employed. The findings demonstrate that the rule of law, through legislation, rules, and efficient execution of the law, has a significant benefit in application of the law to situations of sexual violence. Public awareness and education are also crucial components in the fight against sexual harassment. The research’s implications include the necessity of cooperation between the community, law enforcement, and the legal system in order to avoid and uphold the law against sexual harassment cases and ensure that everyone lives in a safe and equitable environment.
Harmonisasi Pluralitas Dalam Bingkai Hukum Islam di Indonesia A, Asriawan; K, Kurniati; M, Marilang
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.12745121

Abstract

Plurality in Indonesia is not a new problem, but something that has existed for a long time. Indonesia was built from a nation-state structure that cannot avoid the inevitability of diversity. History has written its reality through the form of Indonesian independence as a result of working together from the pluralistic strength of this nation. This research is a library research (Library Research) which aims to analyze the form of harmonization of plurality within the frame of Islamic law in Indonesia and the implementation of plurality within the frame of Islamic law in Indonesia. In this research, the authors used a normative approach, namely an approach with the aim of finding plurality in Indonesia, so that it is hoped that they can analyze the form of harmonization and implementation of plurality within the framework of Islamic law in Indonesia. Based on the research results, the form of harmonization of plurality within the framework of Islamic law is emphasized in QS. al-Hujurat/33. Islam does not deny plurality in society, because plurality itself is considered something that is God's law. The plurality of religions that have existed for a long time in Indonesia should be accepted by all religious adherents if we want to create a harmonious, harmonious and peaceful nation even though theology is different. In terms of implementation, it can be seen from the presence of religious tolerance in Indonesia. Recognition of religious, ethnic and racial diversity in Islamic law will create an inclusive and fair foundation for all Indonesian citizens. If the understanding and implementation of plurality within the framework of Islamic law is successfully achieved, then society will experience progress towards harmony and justice.
Penerapan Program BLT Sebagai Bentuk Pemenuhan Hak Masyarakat Miskin di Indonesia Syah, Aurelia Zerikha; Sachmaso, Hana Humaira; Fadillah, Fatma Putri; Ardiana, Oktavia Dwi; Narindra, Rochella Amalia; Yuli W, Yuliana
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.11667891

Abstract

The BLT Program is a government effort to reduce poverty levels and improve social welfare by providing financial assistance to economically disadvantaged and vulnerable families. This study aims to assess the effectiveness of implementing the BLT Program in achieving these objectives, as well as to explore the correlation between this policy and Indonesia's legal framework in the context of achieving Sustainable Development Goal (SDG) No. 16, which pertains to peace, justice, and institutional strengthening. The method used is a literature review with a descriptive analytical approach, examining secondary data from various reliable sources. Findings from this research indicate that while BLT helps alleviate the burden on impoverished communities, there are challenges in its implementation, including delays in distribution and inaccuracies in target determination. To optimize the benefits of BLT, improvements in distribution mechanisms, inter-agency coordination, and stricter monitoring are necessary.
Analisis Peran Konstitusi Dalam Menjamin Hak Asasi Manusia Dan Keadilan Sosial : Studi Kasus Negara Indonesia Dalam Konteks Dinamika Politik Kontemporer Mustikasari, Febriani
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.12730332

Abstract

This research aims to analyze the role of the constitution in guaranteeing human rights and social justice in Indonesia, especially in the context of contemporary political dynamics. The constitution, as the highest basic law, has a vital role in regulating national and state life, including protecting the basic rights of citizens. The Indonesian case study shows how the constitution regulates mechanisms for protecting human rights and social justice amidst dynamic political change. Through a qualitative approach with document analysis and interviews, this research found that although the Indonesian constitution has established a strong legal framework to protect human rights and social justice, implementation in the field still faces various challenges. Factors such as political influence, corruption and economic inequality are the main obstacles to realizing true social justice. It is hoped that the results of this research can contribute to the development of more effective policies in strengthening the role of the constitution in guaranteeing human rights and social justice in Indonesia.
Prinsip Pertanggungjawaban Mutlak Akibat Perbuatan Melawan Hukum Dalam Sengketa Pencemaran Lingkungan Ardiansyah, Aldizar Fikri; Rizqathallah, Mohamad Rifqi; Saputra, Rafi Rangga; Putri, Tiara Frianita; Patricia, Zefanya; 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 | DOI: 10.5281/zenodo.11634422

Abstract

This research reviews the principle of strict liability resulting from unlawful acts, implemented in environmental pollution disputes. An unlawful act, as stipulated in Article 1365 of the Indonesian Civil Code (KUH Perdata), is an act that violates civil law, either contained in an agreement or not, and causes harm to third parties. However, in its application, especially in environmental law enforcement, there are weaknesses in proving the element of fault. The principle of strict liability is regulated in Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management, which means that in cases where environmental damage occurs, the defendant is absolutely responsible for the damage, regardless of intent or negligence. This research analyzes the decision of the North Jakarta District Court Number. 735/Pdt.G/2018/PN.Jkt.Utr., where PT How Are You Indonesia was found guilty of environmental pollution. According to Article 88 of Law Number 32 of 2009, those producing hazardous and toxic waste (B3) are strictly liable without the need for proof of fault. The judge granted the plaintiff's claim, declared the defendant guilty, and ordered them to pay compensation of IDR 12,198,942,574, emphasizing the importance of compliance with environmental standards and sending a strong message to other business actors.
Dampak Cyberbullying Bagi Masyarakat Indonesia dan Implementasi Peraturan Perundang-Undangan Negara dalam Melindungi Masyarakat Indonesia dari Cyberbullying Istimeisyah, Dian; Hasnakusumah, Raisha Tiara; Marsanthy, Talitha Aqiella
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.12200789

Abstract

Cyberbullying is bullying via the internet using digital technology that often occurs among young people (teenagers) due to frequent access to things that are online. The purpose of this study is to determine the impact of cyberbullying and the implementation of laws and regulations in protecting Indonesian people from cyberbullying. This research uses a normative juridical research method with a statutory approach. The conclusion of this research is that cyberbullying has many impacts on society, especially teenagers and is regulated in Law No. 1 of 2024 concerning amendments to Law No. 19 of 2016 concerning Electronic Information and Transactions.
Tinjauan Kasus Pemerkosaan Berdasarkan Hasil Putusan PN Jayapura Dalam Perspektif Kriminologi Hukum Pidana Indonesia (Studi Kasus Putusan Nomor 139 / Pid.B / 2017 / PN Jap) Aristias, Adinda; Andari, Astriana; Syahrani, Devy Fitri; Fatimah, Ghefira Nur; Nandita, Lufna; Rinanti, Pitra; Syawal, Zahra Auliana Putri; M, Mulyadi
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.11561974

Abstract

Many rape cases occur in environments that should provide a sense of security, but actually do the opposite. The term sexual violence is an unreasonable sexual act or act that can harm the victim. This research uses qualitative research methods involving analysis of legal documents and legal literature (Decision Number 139/Pid.B/2017 /PN Jap). This research uses library research to collect data. This research uses secondary data sources such as books, journals, articles and the decision of the Jayapura District Court Number 139/Pid.B/2017/PN Jap. Normative legal research is the type of research used. The results of this research show that the crime of sexual crime or rape is to satisfy the perpetrator's desires by force or not with the consent of both parties. Based on the juridical side, the criminal act of rape is seen based on existing elements, one of which is the occurrence of violence. If seen based on the decision in case Number 139 / Pid.B / 2017 / PN Jap, it is clear that this is a criminal act of rape. However, based on criminology, the benchmark is consent, not violence. These factors determine and classify the act as rape.
Analisis Saham di Pasar Modal Indonesia: Kinerja, Tantangan, dan Prospek Masa Depan Nadjima, Aulia Rachmatullah; Andhiyo, Immanuel Given Bintang; Putra, Alfarel Endito
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.12188442

Abstract

The Indonesian capital market has an important role in the country's economic activities, with its performance highly dependent on national, regional and international economic performance. This analysis provides a holistic picture of the performance of leading stocks, the dynamics of stock trading, and the driving factors in the capital market. This research explores what factors drive a significant increase in leading shares, including external factors such as changes in the global investment climate, national economic developments, and government policies that affect related sectors. Apart from that, internal aspects of the company such as financial performance, innovation and management strategy are also considered. Challenges faced by the Indonesian capital market include the limited types of securities traded, regulations for protecting investor rights, "gaming" in stock transactions, and the public's lack of knowledge about the capital market. To improve capital market performance, the role of local investors needs to be increased, and several challenges in capital market development must be overcome. The future prospects of the Indonesian capital market depend on the ability of policy makers to take advantage of existing opportunities. Thus, this analysis provides a better picture of the performance of leading stocks, the dynamics of stock trading, and the driving factors in the capital market, as well as offering recommendations for improving capital market performance in the future.

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