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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 142 Documents
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Search results for , issue "Vol 2, No 4 (2024): December" : 142 Documents clear
Analisis Konsep Perjanjian (NOOMINAT) Bernama dalam Perspektif Hukum Perdata Hidayanto, Nur Jantra; Febrian, Fazl Mawla; Dwiki, Farel; Sulastri, Sulastri
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14211281

Abstract

Named agreements (noominat) are a type of agreement that has been explicitly regulated in laws and regulations, especially in the Civil Code (KUHPer). This study aims to analyze the basic concept of named agreements, their legal characteristics, and their implementation in contractual relations in Indonesia. This study uses a normative legal approach with a descriptive legal analysis method. The results of the study indicate that named agreements have a significant position in the civil law system because they include important agreements such as buying and selling, renting, and lending. The characteristic of named agreements lies in the clarity of the norms that regulate the rights and obligations of the parties, thus providing legal certainty. However, amidst the development of community needs, challenges arise regarding the flexibility and adaptation of named agreements to the dynamics of modern law. This study highlights the importance of regulatory reform to increase the relevance of named agreements in the digital era and globalization.
Analisis Tantangan Konsumen Mendapatkan Pengembalian Dana Terhadap Barang Tidak Sesuai di Platform Toko Online Syammulya, Bagas Wisnu; Ramadhan, Aditya Rizky
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14287655

Abstract

Many facets of society have altered as a result of information and communication technology advancements, including how consumers purchase online. However, issues like non-conformity of goods, which lead to a rise in refund claims, are frequently brought on by the indirect character of transactions. This study makes use of qualitative approaches, literature reviews, and empirical procedures. The findings indicate that while UUPK provides a suitable legal framework concerning rights and obligations in online transactions, other challenges remain to be addressed before UUPK can be implemented. To guarantee the best possible consumer protection, business actors, consumers, and effective legislation must work together.
Dampak Penyalahgunaan Aplikasi Dana Dalam Transaksi Judi Online di Kalangan Remaja Rinduni, Ridha; Ramadani, Anggun Tri; Arrizal, Brian Hafiz
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14059903

Abstract

Indonesia's positive economic growth, reaching around 5% per year, has driven the development of the digital sector, including the use of e-wallets, especially among teenagers. E-wallets such as DANA have become popular thanks to the ease of digital transactions offered, from online shopping to bill payments. However, this convenience also carries risks, especially related to the use of e-wallets for online gambling among teenagers. Low financial literacy, social influence, promotional incentives, and easy access to e-wallet applications are the main factors that make teenagers vulnerable to gambling practices. This study aims to identify the factors that encourage teenagers to use e-wallets for online gambling and explore preventive measures that can be taken. The results of the study show that the misuse of e-wallets for online gambling transactions can have a significant impact on the mental, social, and financial health of adolescents. Preventive efforts are needed, including financial education, parental supervision, and increased regulation of digital financial applications to protect the younger generation from these risks.
Ratio Decidendi Terhadap Putusan Pengadilan Negeri Kota Surabaya Nomor 2073/Pid.Sus/2023/Pn.Sby Tentang Pornografi Afandi, Zainal; Rosando, Abraham Ferry
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14204560

Abstract

This research discusses the ratio decidendi in the Surabaya City District Court Decision Number 2073/Pid.Sus/2023/PN.Sby regarding the crime of digital pornography. The ratio decidendi or legal basis used by the judge plays an important role in reaching a fair decision, providing a deterrent effect to the perpetrator, and protecting the victim from the negative impacts of pornography. This research uses normative juridical methods with a case study approach and literature analysis, including Law no. 44 of 2008 concerning Pornography. The research results show that the ratio decidendi used does not only consider punitive aspects but also preventive and educative functions for society. The judge emphasized protecting public morals, protecting victims, as well as providing a strong message regarding the legal consequences of spreading pornographic content. It is hoped that this ratio decidendi can become a legal precedent for similar cases in the future and become the basis for developing more comprehensive regulations in the digital era.
Pemberlakuan Kewenangan Tindakan Menembak Ditempat oleh Aparat Kepolisian dari Perspekif Hak Asasi Manusia Panjalu, Tri Bagus; Mardjiono, H. R Adianto
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14272137

Abstract

This study also aims to analyze the authority of on-site shooting actions carried out by Indonesian police officers from the perspective of Human Rights (HAM). While these actions are also permitted by existing regulations to maintain security and order, this poses a dilemma regarding potential human rights violations. This study uses normative juridical methods with legislative and conceptual approaches, to assess the application of the authority to shoot and its impact on human rights. The purpose of this study is to provide recommendations for appropriate procedures in the use of the authority to fire, which is in accordance with the principles of proportionality and protection of human rights. On-site shooting should only be carried out in emergency situations, after nonviolent efforts have failed, and must meet the principles of legality, necessity, proportionality, and accountability. While these actions are legally valid, challenges such as abuse of authority, lack of transparency, and the risk of misjudgment remain important issues that need to be monitored. Therefore, this study emphasizes the importance of police professionalism in maintaining a balance between law enforcement and human rights protection.
Implikasi Pertarungan Hukum Hasan Azhari VS Gojek Tokopedia bagi Ekosistem Startup Indonesia Fatin, Kayla Alima; Dewi, Tiwi Ayu Haresa; Hanif N, Fakhri; Klarisa, Agnes Widya; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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

Abstract

The legal case between Hasan Azhari and PT Goto Gojek Tokopedia Tbk, along with Nadiem Makarim, the Minister of Education and Culture, emerged after Hasan filed a lawsuit worth IDR 41.91 trillion in the Central Jakarta Commercial Court. In his lawsuit, Hasan accused the defendants of copyright infringement concerning a written work and computer program he claimed to have created, which served as the foundation for an online motorcycle taxi ordering method he developed in 2008. He sought compensation for lost revenue and royalties from Gojek's income in 2020 and 2021. This is not Hasan's first lawsuit; in 2021, he also filed a similar claim against Gojek for IDR 24.9 trillion, which the court subsequently dismissed. The case highlights crucial issues within Indonesia's startup ecosystem, particularly regarding copyright protection and its impact on innovation. Many experts have expressed skepticism about the claim, noting that the online motorcycle taxi business model has been widely adopted by various companies globally. The implications of this case for Indonesia's startup ecosystem are significant. If the lawsuit is upheld, it could set a dangerous precedent for innovation and the development of new businesses, given the legal risks that technology companies operating in similar domains might face. Furthermore, the case underscores the need for clear copyright regulations to ensure they do not hinder the growth of the creative and technology industries in Indonesia.
Tinjauan Hukum Tindak Pidana Pencurian Hewan Ternak di Desa Palakahembi (Studi Kasus Kecamatan Pandawai Sumba Timur) Awa, Rambu Ana; Maramba, Rambu Susanti Mila; Indah, Rambu Hada
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14012935

Abstract

The state has an obligation to create a peaceful and prosperous society. However, in realizing this, there are still many obstacles/problems in society, namely the existence of crime. Crime is a social problem that always occurs within society. One type of crime is livestock theft. One of the locations where the crime of animal theft occurred is in Palakehembi Village, East Sumba Regency. Therefore, this research will examine the legal review of livestock theft. The object of this research is theft, so the method used is normative-empirical and employs a statute approach and a case approach.
Moralitas Hukum dan Tindak Pidana Tanpa Korban: Kasus Prostitusi Harahap, Maulana Alghifari; Batubara, Wahyudi; Harahap, Rindur Rodiah; Adelia, Nona; Lubis, Maysa Putri Khairana
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14583776

Abstract

Prostitution is one of the controversial issues that raises debates between morality and legality. In the context of victimless crimes, prostitution is often seen as an act that does not directly harm others, but is still considered illegal in many countries, including Indonesia. This study aims to analyze how legal morality influences policies on prostitution as a victimless crime. With a normative legal approach and analysis of laws and regulations, this study found that law enforcement against prostitution is based more on moral considerations than on factual impacts on society. This study also highlights the need for legal reform that takes into account human rights and social realities. The problem of prostitution is indeed a classic problem that has long been a polemic, regarding this problem can give rise to pros and cons. If we look at it from the pros, it can be said that prostitution is an economic right carried out by a prostitution business actor, while if we look at it from the cons, prostitution is seen as a form of legalization of an illegal business that is contrary to an aspect of community morality, but on the other hand, a PSK herself can also be said to be a victim of the crime of prostitution made by the pimps, where the pimp has traded a human being where the human trafficking contains pornographic content carried out through the internet media. 
Peran Bank Indonesia Dalam Pengawasan Keamanan Siber di Era Digitalisasi Perbankan Rosita, Dita Puspa; Hidayah, Nur; Imon, Syarah Adilla; S, Suwarsit
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14194910

Abstract

Rapid advances in digital technology have brought significant changes to the banking sector in Indonesia, increasing efficiency and expanding access to financial services. However, digitalization also presents new challenges, especially related to cyber security threats. The cyber attack case that hit Bank Syariah Indonesia (BSI) in 2023 revealed weaknesses in the security system which caused disruption to services and leakage of customer data. In this context, Bank Indonesia (BI) has an important role as a regulator that sets rules and standards to maintain the security of the financial system. This research adopts a literature study and policy analysis approach to assess the steps taken by BI in managing cyber security and responding to incidents that occurred at BSI. Research findings show that BI has designed a comprehensive cyber security policy, implemented strict supervision, and increased cooperation with various related parties. Apart from that, efforts to educate the public regarding the safe use of information technology are also a top priority. Overall, the success of banking digitalization relies heavily on the integration of technology with solid security policies to maintain public trust.
Perlindungan Hukum Terhadap Hak dan Kewajiban Pekerja di Indonesia: Tantangan dan Solusi Anindya, Salma Elsa; Damayanti, Ratih
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14241817

Abstract

This study aims to discuss the importance of understanding rights and obligations in employment relations in Indonesia. Employers are expected to protect workers' interests through counseling, coaching, and ensuring work safety, while workers must also understand their obligations. Although there are laws regulating workers' rights, such as Law Number 13 of 2003, there are still obstacles in its implementation, including culture and lack of awareness. Real action is needed from the government to strengthen regulation and supervision. Suggestions provided include increasing socialization of rights and obligations, improving regulations, and social security for workers, especially in the informal sector, to create fair and sustainable employment relations. Effective legal protection is needed to create social justice and ensure workers' rights are respected.

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