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Penerbit Yayasan Daarul Huda
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INDONESIA
Media Hukum Indonesia (MHI)
ISSN : -     EISSN : 30326591     DOI : https://doi.org/10.5281/zenodo.10995150
Core Subject : Social,
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.
Articles 142 Documents
Search results for , issue "Vol 2, No 4 (2024): December" : 142 Documents clear
Tantangan Hukum dalam Integrasi Sistem Perbankan Digital dan Keamanan Siber di Indonesia Tambunan, Henri Marusaha; Noviarani, Devi; Damayanti, Winda Agustina
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.14068424

Abstract

The digital transformation in the Indonesian banking sector has created significant legal challenges, especially in terms of cybersecurity and customer data protection. This study aims to analyze the complexity of legal challenges in the integration of digital banking systems and cybersecurity in Indonesia, and to identify solutions that can be applied to overcome them. The methodology used is normative legal analysis with a legislative approach and case studies. The results of the study indicate that the main challenges include regulatory compliance, customer data protection, jurisdiction in cross-border transactions, and law enforcement in cybercrime. This study found that it is necessary to strengthen regulations, increase investment in security infrastructure, and develop competent human resources to face these challenges. In conclusion, the success of the integration of digital banking systems and cybersecurity in Indonesia requires a comprehensive approach that involves collaboration between regulators, the banking industry, and other stakeholders, as well as a legal framework that is adaptive to technological developments.
Euthanasia dalam Tinjauan Hukum Pidana Perspektif KUHP Lama dan KUHP Baru (Undang-Undang Nomor 1 Tahun 2023) Kusuma, Adinda Nadia; Khoiroh, Wulan Abidatul
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.14210930

Abstract

Euthanasia is the process or act of killing someone who is sick or who suffers from an incurable disease. The act of euthanasia that has recently emerged due to the passage of Law No. 1 of 2023 concerning the New Criminal Code. Initially, euthanasia was regulated in the old criminal code book, precisely in Article 344. Due to the political reform of the criminal law on the above law, the criminal paradigm for euthanasia has also changed with Article 461 of the New Criminal Code. This research aims to understand the concept of euthanasia in the perspective of criminal law over the Old Criminal Code which is a product of colonizers and also the New Criminal Code over the latest Criminal Code Law along with the cases that occur. This research uses a normative legal research method using a conceptual approach and a legislative approach or known as The Statute Approach. The data used consisted of primary legal materials such as legal documents (laws) including the Criminal Code, as well as other related literature, while secondary legal materials were books, articles, journals, websites, and various other official sources related to the substance of euthanasia from the perspective of Criminal Law. The turmoil of the problem over euthanasia is the legality aspect, because positive law states that euthanasia is an illegal act. Not only that, the prohibition of euthanasia is also reviewed from a religious and moral perspective because euthanasia is a form of suicide (taking someone's life). The government must promote preventive measures to overcome the act of lethal injection. This is evidenced by the application for lethal injection on behalf of Berlin Silalahi at the Banda Aceh District Court.
Analisis Pelanggaran Hak-Hak Debitur dan Penyalahgunaan Wewenang Dalam Kasus Leasing Kendaraan Berdasarkan Hukum Positif di Indonesia Lufthi, Al Daffa Naufal; Hutajulu, Dian Anggi Rahayu Kurnianingsih; Novel, Samirah; Lestari, Widya Tri; Ramadhani, Dwi Aryanti
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.14286671

Abstract

In a contractual agreement, problems often arise due to default or unlawful acts by one party that result in losses to the other party. As in the case that will be discussed in this article, the occurrence of unlawful acts caused by creditors that cause major losses. Leasing or known as Sewa Guna Usaha (SGU) is one method that is often used in Indonesia in the need for funding sources to obtain an asset such as in this case, namely a vehicle. This study aims to analyze case studies of violations of debtor rights in this installment agreement, and what form of responsibility the defendant is for his unlawful acts. The method used in this study uses a normative legal approach, namely analyzing and reviewing the legal issues being raised. In order to anticipate and protect legal interests, a contract must be prepared with clear clauses and is easy to understand. That way, if an action occurs that causes the agreement not to be completed or a loss, the party who is violated has the right to sue the violating party to court by fulfilling the elements of an unlawful act or default.
Implementasi Sewa Jasa Endorsment Dalam Meningkatkan Penjualan Produk Dalam Perspektif Hukum Ekonomi Islam Hardiati, Neni; Latifah, Ida; F, Fitriani
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.14055945

Abstract

This study aims to analyze the Islamic economic law review of the implementation of endorsement service rental as one of the marketing strategies in increasing product sales. Endorsement is a form of cooperation between a company or product owner and an influential individual, such as a celebrity or influencer, to promote the product to a wider audience. This study uses a qualitative method with a literature study approach to understand how Islamic economic law views the practice of endorsement. Based on the analysis conducted, the implementation of endorsement service rental from an Islamic legal perspective must meet the requirements in accordance with sharia principles, such as a clear contract between the two parties, no elements of gharar (uncertainty), usury, and maisir (gambling). In addition, the advertised product must be halal and in accordance with sharia ethics. The results of the study indicate that endorsement can be a legitimate and effective strategy in increasing product sales as long as it meets the basic principles of Islamic economic law. The conclusion of this study is that endorsement service rental is a form of transaction that is permitted in Islamic law as long as the contract used is clear, the product being promoted is halal, and there is no element of fraud or uncertainty in the agreement.
Peran Otoritas Jasa Keuangan (OJK) Dalam Pengawasan dan Penegakan Hukum di Sektor Perbankan Muflikh, Alna Aulin Miftakhul; Silalahi, Bob Ben Salomoan; Purba, Calvin Axel; Suwarsit, 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.14201714

Abstract

This article explores the strategic roles of the Financial Services Authority (OJK) and Bank Indonesia (BI) in supervising and enforcing regulations within the banking sector to ensure the stability of the national financial system. Bank Indonesia, as the central bank, holds primary responsibility for controlling inflation, enhancing production efficiency, and fostering employment growth through well-directed monetary policies. Meanwhile, OJK focuses on integrated oversight across the financial services sector, including banking, capital markets, and non-bank financial institutions, using risk-based and compliance-based supervision approaches. In addressing modern challenges, such as the increasing complexity of banking operations and advancements in financial technology, adaptive regulatory reforms, enhanced supervisory capabilities, and advanced technological tools are essential. Interagency coordination and public participation are critical factors in strengthening oversight, safeguarding the banking sector, and supporting sustainable national economic stability.
Kontroversi Hisab dan Rukyat Dalam Penentuan Kalender Islam di Era Modern Pendekatan Fikih Kontemporer Herman, Muhammad Akbar; Gassing, Qadir; Shuhufi, Muhammad
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.14253182

Abstract

The purpose of this research is to identify the advantages and disadvantages of both Hisab and Rukyat and the concept of a meeting point between Hisab and Rukyat in Indonesia. The results of this study show: 1) The advantage of the Hisab method is its ability to accurately determine the position of the moon without being affected by weather conditions such as clouds or fog. With Hisab, the time of conjunction and the position of the moon above the horizon can be determined. Meanwhile, Rukyat aligns with the teachings in the Qur'an and Hadith, where Prophet Muhammad (peace be upon him) instructed to observe the hilal as a sign of the new month. The disadvantage of the Hisab method is that it relies solely on mathematical calculations without considering whether the hilal is actually visible in the sky, which can be a source of controversy. Rukyat, on the other hand, heavily depends on weather conditions such as fog, rain, and dust, which can hinder the observation of the hilal, reduce its brightness, and obscure its image; 2) Both PBNU and PP Muhammadiyah demonstrate that scientific ijtihad and adaptation to advancements in knowledge are important. Collaboration and dialogue between the two methods, both Hisab and Rukyat, can help reach a better consensus in determining significant times in Islam while still respecting tradition and the principles of Sharia, the presence of the government as a unifying institution in determining the beginning of the Hijri month is crucial to maintaining unity among the Muslim community, implementing the principle of maslahah (public interest), and fostering legal compliance and social order.
Pengaturan Mengenai Kedudukan Wakil Presiden Dalam Tugasnya Membantu Presiden Pramiswari, Brigita Glori Putri; Ruslie, Ahmad Sholikhin
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 position of the Vice President in the Indonesian constitutional system is an important element in the presidential government. Although regulated in the 1945 Constitution, the role and function of the Vice President are often unclear, which can create ambiguity in the implementation of daily tasks. This study aims to analyze the functions and authorities of the Vice President, especially when the President is absent. As part of the executive, the Vice President is not only tasked with accompanying the President, but also has the responsibility in decision-making. However, although it has been regulated in the 1945 Constitution, the role and function of the Vice President are often unclear. So from this study there is one formulation of the problem, namely, what are the functions and authorities carried out by the vice president when the president is absent from carrying out his duties. This study uses a normative research method by seeking materials from various sources such as laws and regulations, books, and journals to examine the legal position of the Vice President and its implications in the implementation of the presidential system. So the results of this study indicate that the Vice President has a role in accompanying the President, coordinating policies between ministries, handling strategic issues, and representing the country in international forums. 
Analisis Pengaruh Kewenangan Penangkapan Tanpa Surat Penahanan Menurut KUHP Ditinjau dari Teori Kewenangan Diskresi Putri, Yuliani Finaly
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.13932394

Abstract

Police forces often use discretion in warrantless arrests, especially when there is deemed to be a direct threat to national security. Purpose of this writing to analyze and provide a comprehensive description of the influence of the discretionary authority of law enforcement officers in making arrests without a warrant and its impact on the rights of suspects. Using normative juridical methods it is used to analyze the applicable legal provisions related to arrest without a warrant of detention, including the use of discretion by law enforcement officers. The importance of arrest warrants in law enforcement asserts that arrest warrants are essential elements that serve to ensure that arrests are made according to legal procedures. Although law enforcement officers have discretionary authority, legal limits such as those provided for in the code of criminal procedure must still be observed to prevent abuse of authority.
Politik Hukum Undang-Undang No 35 Tahun 2009 Tentang Narkotika Dalam Kaitannya Dengan Upaya Rehabilitasi Pecandu Narkotika Yudhistira, Bonar; I, Ismaidar; Sembiring, Tamaulina
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.14556843

Abstract

Abuse narcotics increasingly day increasingly worrying . Abuse Narcotics can cause greater harm to the lives and cultural values of the nation, which will ultimately weaken national resilience. Threat abuse narcotics increasingly become the haunting specter various layer society . For That need step step strategic through formation law narcotics as well as Wrong One effort its regulated prevention in product Indonesian law , namely Invite Law No. 35 of 2009 concerning narcotics is through rehabilitation . Rehabilitation considered need as Wrong One effort recovery addict narcotics from dependence at a time prevention abuse narcotics through approach health
Efek Hukum Perubahan Serta Pembatalan Kontrak; Tinjauan Dari Perspektif Hukum Perikatan Sianturi, Catherine Rosalina; Gustaf Aria, Muhammad; Choirunnisa, Audi Nayla; Nahriva, Agista Zybilla; 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.14192185

Abstract

Contract amendment and cancellation are crucial issues in the law of ties, especially in the context of maintaining legal certainty and the balance of rights and obligations of the parties involved. This article discusses the legal effects of contract amendment and rescission based on the principles of Indonesian binding law. Based on the Indonesian Civil Code (KUHPer), it examines how modifications to the content of a contract or its unilateral or mutual rescission affect the legal position of the parties. The article also explores the juridical implications of default as a basis for contract cancellation, as well as the role of good faith in contract renegotiation. This research was conducted using a normative approach with a qualitative descriptive analysis method. The results show that contract amendments must be made with the consent of all parties, while rescission can have serious legal consequences, including restitutio in integrum or compensation. This article recommends that contract parties clearly formulate amendment and rescission clauses to avoid future disputes.

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