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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 Yuridis Terhadap Mekanisme Perjanjian Sewa-Menyewa Excavator dan Upaya Penyelesaian Sengketa Wanprestasi Berdasarkan Ketentuan KUHPerdata Ramadani, Reva Fitri; Natasya, Amanda Mutiara; Azzahra, Viola Farica; Ramadhani, Dwi Aryanti; Pebrianti, Selma Dwi Anaya
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

Lease according to Subekti is when the first party is able and will hand over an object that will be used for a certain period of time to the second party who will agree to pay a predetermined price related to the use for a predetermined time. Leasing is done by making a contract or agreement. An agreement is an agreement between two parties that must be fulfilled by each party. When the debtor does not fulfill his obligations according to the agreement, then it can be called a default. The obligation of one party is to hand over the goods to the other party for use, and the other party is obliged to pay the rental fee. Therefore, the goods are not handed over to be owned as in buying and selling, but are used only to enjoy the benefits. This research was conducted with the aim of knowing how the legal mechanism of the Excavator Lease agreement as stipulated in the Civil Code (KUHPerdata) and various legal remedies related to the settlement of default problems in Excavator rental. The research method used is using a juridical-normative approach.
Pencatutan Kartu Tanda Penduduk Tanpa Persetujuan yang Dilakukan Oleh Calon Kepala Daerah Sebagai Tindak Pidana Pemilu Rahma, Balgis Faradillah Aulia; H, Hufron
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.14523904

Abstract

The unauthorized use of Electronic Identity Cards (KTP-el) by regional head candidates is a serious issue that threatens the integrity of elections in Indonesia. This practice involves the use of citizens' personal data without consent to meet the support requirements for independent candidates in regional head elections (pilkada). According to Article 185A paragraph (1) of Law No. 10/2016, this act is classified as a criminal offense with a minimum imprisonment of 36 months and a maximum of 72 months, and a fine of at least IDR 36 million and a maximum of IDR 72 million. If the violation is committed by election organizers, the penalty is increased by one-third of the maximum penalty. Additionally, the unauthorized use of KTP-el also violates the Personal Data Protection Law (UU PDP), which mandates that personal data controllers must protect personal data during processing. Violations can result in criminal penalties of up to 5 years imprisonment and/or fines of up to IDR 5 billion, as well as administrative sanctions such as written warnings, temporary suspension of all data processing activities, deletion or destruction of personal data, and administrative fines. This study highlights the importance of strict law enforcement against unauthorized use of KTP-el to maintain public trust in the democratic process. Furthermore, education and socialization are needed to inform the public about their rights regarding personal data and the importance of reporting violations. Thus, it is hoped that elections can be more transparent, fair, and democratic.
Peran Lembaga yang Mendukung Penelusuran Alat Bukti Tindak Pidana Pencucian Uang yang Menggunakan Cryptocurrency Susanto, Asmara Nova; Afifah, Wiwik
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.14184847

Abstract

The purpose of writing the journal is to analyze the role of law enforcement agencies in tracing money laundering cases using Cryptocurrency. The perpetrators of the crime are trying to find a place to launder money or a place that cannot trace the assets resulting from the crime. Cryptocurrency is a form of asset that is difficult to trace because it has anonymous and decentralized properties. The method of writing this journal uses normative juridical. The results of the study are that handling TPPU using Cryptocurrency in Indonesia requires the role of PPATK, OJK, KPK, BAPPEBTI, Polri, Prosecutor's Office, Financial Action Task Force (FATF), Interpol, and Financial Intelligence Units (FIUs). The crucial role that must be carried out is coordination for tracing crypto assets, knowing the motives for the flow of funds, analyzing transaction patterns, obtaining evidence, and knowing the parties involved. However, the defendant is the one who is asked to prove assets that are not the result of a crime, because in TPPU the evidentiary system uses reverse proof.
Analisis Hukum Dalam Kasus Serangan Siber Pada Bank Syariah Indonesia (BSI) Zulfikar, Faiz Raudhin; Merah Harley, Airiique Bintang
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.14216236

Abstract

The case of the breach of Bank Syariah Indonesia (BSI) by the LockBit 3.0 hacker group that occurred on May 8, 2023 became one of the largest cybersecurity incidents in Indonesia. With the theft of personal data of more than 15 million customers, this incident had a significant impact on public trust and data security in the banking sector. This research uses a normative juridical method to analyze how regulations related to cyber attacks that occur against banks are regulated which include rights, obligations of both institutions and customers as well as administrative and criminal sanctions that can be given to protect customer interests. The results showed that the regulation related to cyber attacks in Indonesia has been regulated in the Law and the cause of the hacking case that occurred was because Bank Syariah Indonesia (BSI) did not pay sufficient attention to the digital security system used.
Analisis Penerapan E-Court Dalam Sistem Peradilan Perdata di Indonesia Guna Mewujudkan Peradilan yang Transparan Tsabitha, Andara; Rahmadhani, Aulia; Pebrianti, Kalista Revana; Zakaria, Salsabila Anggraini
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.14301016

Abstract

Along with the rapid digital transformation in various aspects of people's lives, the need to reform the legal system towards digitalization is becoming increasingly urgent. So that the establishment of e-Court in Indonesia is an important response to this development. Therefore, this article is compiled with the aim of finding out more about the urgency of the establishment of e-Court and its application in the civil justice system in Indonesia. The method used in this writing is to use the normative legal method, which prioritizes library materials. Finally, it can be concluded that the Establishment of e-Court is based on various Supreme Court regulations, starting from Supreme Court Regulation Number 3 of 2018 to Supreme Court Regulation Number 7 of 2022, as a form of reform in the field of information technology in the justice system. This e-Court system accelerates the judicial process by utilizing technology, but in its implementation, not all parties have adequate access or technological capabilities, so that it can cause gaps in the implementation of justice.
Penyelesaian Sengketa Perceraian Publik Figur Zahra, Salma Hauratu; Lani, Muhammad Ghiza Gema; Tarina, Dwi Desi Yayi; Adelia, Fransisca Lola; Aliffia, Nayla
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.14383355

Abstract

He divorce between singer Virgoun and his ex-wife Inara Rusli has attracted significant public attention, particularly regarding complex legal, social, and moral issues. This study aims to explore various legal aspects of their divorce process, including child custody, alimony, and royalty distribution. Utilizing a normative legal approach, the research examines the legal journey from the lawsuit filed at the West Jakarta Religious Court to the appeal process at the Jakarta High Religious Court. The court's ruling granted Inara custody of their children and approved her requests for alimony and royalties. The division of joint assets, including song royalties accrued during their marriage, aligns with Article 39 of Law No. 1 of 1974 on Marriage. This case highlights the necessity for careful legal considerations in public figures' divorce disputes to protect all parties' rights, emphasizing that child welfare should be a primary concern in judicial decisions. Ultimately, the case reflects not only the legal challenges faced by divorcing couples but also broader social implications for society. This research offers valuable insights into how law can facilitate family conflict resolution under public scrutiny. 
Peran Hukum Dalam Menjamin Transparansi dan Akuntabilitas Tata Kelola Perusahaan Putri, Devindya Citra Prameisti; Damayanti, Winda Agustina; Lutfianti, Alya
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.14068084

Abstract

Law plays a role as the main regulator in implementing the principles of transparency and accountability. Transparency involves the disclosure of clear, accurate and timely information, including announcements of PT establishments, openness in ownership information, and openness in open management. Accountability refers to individual or organizational responsibility for company actions and decisions, as well as the obligation to report, explain and account for company performance results to stakeholders. The role of law in ensuring transparency and accountability in corporate governance is to ensure that companies operate openly, honestly and in accordance with the rules. The law regulates information disclosure, internal supervision, and protection of shareholders rights, while providing sanctions for violations, in order to create responsible governance and high integrity. 
Optimalisasi Pemberian Hak Karyawan Pasca Pemutusan Hubungan Kerja (PHK) : Studi Kasus PHK di PT Goto Tbk Amilia, Putri Villa; Alfarizky, Hertasandho Maynaka; Hidayah, Nur; Putri, Amelia Juliana; Susilawati, Siti; Syafri, Muhammad Irvan
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.14208824

Abstract

Layoffs have been part of the dynamics of industrial relations that have occurred since the past, when work began to be formally organized. In the pre-industrial era, layoffs were hardly recognized because employment relations at that time were based more on the patron-client system, where workers were employed in family-based agrarian or craft systems. However, with the development of the times and the onset of the Industrial Revolution in the 18th and 19th centuries, layoffs began to be more widely recognized. During this time, large corporations that employed many workers saw layoffs as a way to respond to financial pressures or operational efficiencies, albeit often arbitrarily. The situation of workers at that time did not have adequate legal protection, so they could be dismissed arbitrarily and at any time without compensation. Pemutusan Hubungan Kerja (PHK) in the context of Indonesian law refers to the act of terminating the employment relationship between workers and employers. Termination of employment is regulated in Law Number 13 Year 2003 on Manpower and also in other related regulations. According to Article 1 Paragraph 25 of Law Number 13 Year 2003, layoff is “the termination of employment by an employer against a worker/laborer.” Layoffs can occur for various reasons, including company efficiency, bankruptcy, or other reasons stipulated in laws and regulations. Layoffs are a complex issue because they can have an impact on unemployment, crime, and employment opportunities. 
Peran Partai Politik Dalam Mencegah Praktik Oligarki di Indonesia L, Lazarus
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.14286218

Abstract

This article explicitly examines the role of political parties in preventing oligarchic practices in Indonesia, a complex phenomenon that threatens the national democratic system. The study aims to explore the institutional capacity of political parties in transforming the power structure dominated by a group of elites using library research methods and critical analysis of various regulations and political documents. The results of the study indicate that the institutional capacity of political parties in preventing oligarchy is still very limited. Structural and cultural factors that support the development of oligarchic practices include a non-transparent political funding system, a culture of patronage, a recruitment mechanism based on primordialism, and a symbiotic network of interests between political elites. The study identifies a number of oligarchic mechanisms, including: concentration of economic resources in a handful of elites, formation of political dynasties, control over the bureaucracy, and manipulation of political narratives through the media. The existing legal framework, such as Law Number 2 of 2008 concerning Political Parties and the amended 1945 Constitution, has normatively attempted to limit these practices, but its implementation is still very weak. The conclusion of the study confirms that preventing oligarchy requires a multidimensional approach that does not merely focus on regulatory aspects, but rather a fundamental transformation in the national political culture. It requires ongoing commitment from all components of the nation to realize a democratic, transparent, and just political system.
Perlindungan Hukum Terhadap Pihak yang Dirugikan Dalam Wanprestasi Rahayu, Cantika Tresna; Adam, Chelsea Kairadinda; Amalia, Firda; Vazkya, Ni Komang Revalina Senandung; S, Surahmad
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.14058588

Abstract

Legal protection for parties harmed by default is an important issue in contract law. Default, referring to the failure of one party to fulfill obligations in a contract, often results in significant losses for the aggrieved party. This study aims to analyze the types of legal protections available for the harmed party and the dispute resolution mechanisms that can be applied. Using a qualitative approach, this research explores both preventive and repressive aspects of legal protection, including the creation of clear and specific agreements as well as legal actions that can be taken after a default occurs. The findings indicate that while various protective mechanisms exist, there are still many challenges in their implementation. Therefore, there is a need to enhance awareness of the importance of legal protection and enforcement of the rights of harmed parties to create justice in contractual relationships.

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