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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
Konsekuensi Akibat Perubahan Status Organisasi Papua Merdeka Sebagai Teroris Dalam Hukum Pidana Alfarizky, Hamdallah; Risyanto, Asyraf Putra
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.14241700

Abstract

Many workers in Indonesia experience violations of legal protection of their Based on history, acts of violence carried out by certain groups in Papua have various names. The police call them the Armed Criminal Group (KKB), while the Indonesian National Army (TNI) uses the term Armed Separatist Group (KSB). The Free Papua Organization (OPM) considers this group to be fighters trying to separate themselves from Indonesia. A series of attacks by the KKB/KSB/OPM on security forces in Papua prompted the government to designate these acts of violence as criminal acts of terrorism. This research seeks to examine the feasibility of this status and its consequences. Through normative research methods, it was concluded that designating the OPM/Armed Criminal Group (KKB) as a terrorist group was considered appropriate because the assessment was based on the acts of violence committed, not on the history or initial goals of the formation of the OPM. Determination of this status has an impact in three main aspects: formal legal provisions, material legal provisions, as well as the law enforcement institutions involved, including prevention and treatment patterns. This research uses normative methods with statutory, conceptual and case study approaches. Granting terrorist status This is considered ineffective for resolving the conflict in Papua because it can affect the classification of criminal acts that occur, the legal instruments used, as well as law enforcement methods and the parties involved in handling them.
Pengenalan Proses Gugatan Dalam Hukum Acara Perdata Oktavia, Lia
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This article discusses the lawsuit process in civil procedural law which is an integral part of the justice system in Indonesia. This process includes stages that the plaintiff must go through, starting from filing a lawsuit, providing evidence, to a court decision. Each stage has regular procedures and is regulated by applicable legal provisions, which aim to provide legal protection for individual rights in a civil context. This article also reviews various legal aspects related to filing a lawsuit, the parties involved, and the rights and obligations of each party during the judicial process. With a good understanding of this process, it is hoped that a fair, transparent and efficient judiciary can be created in resolving civil disputes.
Legal Protection for Consumers Using Transportation Services on The River Hardianto, Irwansyah Rizki; Nasution, Krisnadi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This research discusses legal protection for consumers who use river transportation services, which aims to ensure the safety and comfort of users. With a normative juridical approach, this study uses the analysis of laws and regulations and a conceptual approach to evaluate the implementation of laws in the river transportation sector. The results show that despite regulations that protect consumer rights, implementation in the field still faces various challenges. Many business actors do not comply with the Standard Operating Procedures (SOPs) that regulate passenger safety, exacerbated by the weak supervision and socialization from the government. This research recommends increased supervision, more effective socialization, and strict law enforcement to ensure that consumer rights are optimally fulfilled.
Pengaturan Hukum Penyalahgunaan Data Pribadi Penyandang Disabilitas Fisik di Era Digital Suzana, Merillyn Victoria; Michael, Tomy
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.14176415

Abstract

This article examines the legal framework regarding the misuse of personal data of persons with physical disabilities in Indonesia, as well as the state's efforts to provide protection through existing regulations, such as Law No. 27 of 2022 on Personal Data Protection (UU No. 27/2022) and Law No. 8 of 2016 on Persons with Disabilities (UU No. 8/2016). The misuse of personal data can harm persons with disabilities in various ways, such as affecting their access to social assistance, healthcare, and other services guaranteed by law. Additionally, this article highlights the protection of human rights for persons with physical disabilities based on the principle of non-discrimination as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR). Although Law No. 27/2022 has been enacted to provide a legal basis for personal data protection. Through a normative legal approach, this article emphasizes the importance of strengthening legal protection for the personal data of persons with physical disabilities in Indonesia to ensure their rights to privacy and equal access to services provided by the state. Fulfilling the right to personal data protection is part of the effort to create a safe and inclusive environment for persons with physical disabilities in Indonesia.
Penyalahgunaan Teknologi Informasi Sebagai Sebab dari Tindak Kekerasan yang Dilakukan oleh Remaja (Tinjauan kasus pada salah satu narapidana di Lembaga Pemasyarakatan Khusus Anak Kelas 1 Tangerang) H, Herlambang
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.14211688

Abstract

Violence or abuse often occurs either at home or on the streets, this can have detrimental consequences for others because a sense of security is no longer obtained. The rampant violence triggered by brawls by teenagers cannot be separated from the influence of the environment, youth and information technology. Information technology has an influence in changing the order of community life. Brawls in this era still occur a lot involving teenagers, students caused by problems involving groups, such as between motorcycle gangs, between villages and brawls between schools. Brawls involving teenagers are caused by wanting to find their identity, even wanting to be seen as popular from others or their groups. The trigger for violence or brawls is the existence of social media that is not limited, can be accessed by anyone, and even becomes a medium for brainwashing teenagers in the name of solidarity. In this article, the author informs about perpetrators of violence among teenagers who injured their victims with sharp weapons. This was done because of an invitation from the Administrator of social media in the name of solidarity. From the results of the interview, information was obtained that the suspect was charged with Article 90 of the Criminal Code concerning abuse. The sentence imposed on him was a 9-year prison sentence, a verdict of 4 years and 9 months.
Peran Kode Etik Advokat Dalam Menjamin Penegakan Keadilan di Indonesia Hidayah, Muhammad Hafiz Fajar; Mahtum, Rohikim; Syahrani, Fiarinda Putri; Chasnun, Faiz 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.14292321

Abstract

The enforcement of justice in Indonesia requires the central role of advocates as one of the main pillars in the legal system. In this context, the advocate code of ethics is a fundamental element that serves as a moral and professionalism guideline to ensure advocates perform their duties ethically, transparently, and responsibly. This research examines the role of the advocate code of ethics in maintaining professional integrity, protecting client rights, supporting a fair legal process, and building public trust in the legal system.  The advocate code of ethics not only functions as a supervisory tool, but also provides a sanction mechanism for violations. By prioritizing the values of justice, advocates are required to provide legal services to all parties, including the underprivileged, as mandated by the constitution and laws and regulations. In addition, the advocate code of ethics supports the creation of a just legal system, ensuring that advocates do not pursue profit alone, but act for the sake of justice and equality before the law. Through this study, it is revealed that the existence of an advocate code of ethics is very important in linking the role of advocates as legal aid providers with the achievement of justice. The professionalism and integrity of advocates can be measured based on the extent to which they adhere to the professional code of ethics. Thus, the advocate code of ethics is an important instrument in ensuring the quality and public trust in the legal system in Indonesia.
Perlindungan Data Pribadi di Era Digital: Tantangan dan Solusi Dalam Sistem Perbankan Rahmadani, Ardita Esti; Pangestu, Yoga; Halizhah, Nur
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.14060556

Abstract

This article discusses the challenges and solutions for personal data protection in the banking sector in the digital era. Advances in information technology provide ease of access but also increase the risk of data security breaches, including hacking, identity theft, and privacy violations. This study uses a descriptive-analytical approach with qualitative methods to explore the main challenges faced by banks and the solutions that can be applied, such as encryption technology, intrusion detection and prevention systems, and digital literacy education programs for customers. With this approach, the article presents policy and technological recommendations for the banking sector to enhance customer data security in Indonesia.
Controversy of Usurpation of Jurisdiction: ICC and Philippines Villarico, Johndex Emanuel S.; Tobing, Clara Ignatia; Rizkytama, Gunung Ridho; Zakiya, Nathan Luth; Amaliyah, Jihadatun; Nurhasanah, Siti; Alifiah M, Raden Roro Fadhillah; Hariri, Mohammad Rafiq; Pramesti, Salsabila Ayu; Ibrahim, 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.14205468

Abstract

Extra Judicial Killings in the Philippines had caught the attention of various international judicial bodies specially the ICC. The Philippines which a sovereign state was once a signatory of the Rome Statute thus allowing the ICC to have jurisdiction over the country. The ICC conducted a preliminary investigation within the Philippine archipelago for the possible violations of crime against humanity but the Philippines objected to this investigation on grounds that this act of the ICC is an act of usurpation of jurisdiction for the Philippines claimed that they had already withdrawn from the Rome Statute. This paper aims to determine if the act done by the ICC was a true act of usurpation of jurisdiction. This study is a qualitative descriptive analysis and will utilized secondary data as data sources. Upon the analysis of the data gathered, the researcher found out that there is no act of usurpation of jurisdiction done by the ICC. The Philippines may have withdrawn from the Rome Statute, but the investigation conducted by the ICC will only include the extra judicial killings that had occurred from the time that the Philippines was still a signatory of the Rome Statute up to the date prior to their withdrawal.
Analisis Jaminan Hari Tua Pekerja pada Dinas Pencegahan dan Pemadam Kebakaran (P2K) UPT 1.0 Medan Tuntungan, Sumatera Utara Ginting, Esekiel Pranata; Purba, Rami Santia; Ginting, Trifosa Irena; Siregar, Hairani
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.14272711

Abstract

The implementation of social security programs is a state obligation to provide comprehensive protection for the social and economic welfare of all its citizens, especially in developing countries such as Indonesia. Social security programs that generally use the principle of funded social security are designed to ensure the fulfillment of basic community needs and protect against unexpected life risks. In Indonesia, one of the agencies that plays a role in organizing social security is BPJS Ketenagakerjaan, which provides employment protection for formal and informal sector workers. The Old Age Security (JHT) program by BPJS Ketenagakerjaan is designed to provide financial protection for workers who have reached retirement age or have stopped working. This study focuses on the implementation of the Old Age Security Program at the Fire Prevention and Extinguishing Service (P2K) UPT 1.0 Medan Tuntungan. Based on the results of observations and in-depth interviews, the implementation of JHT in this service has been in line with applicable regulations. This study aims to highlight the importance of social security in supporting worker welfare, as well as the role of the government in increasing national productivity through adequate social protection programs.
Upaya Pencegahan dan Penanganan dalam Kasus Kekerasan Terhadap Perempuan dan Anak Simanjuntak, Awan Catharina Letare; Situmorang, Cindy; Situmorang, Felix Kevin; Sitinjak, Fransiska; Ulwan, Gina Nuzul; Saragih, Gloria Luisa; Marbun, Rany; Siregar, Waliyul Maulana
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Violence is any form of action that causes physical, sexual or psychological suffering to women or children. Violence against women includes harassment, domestic violence, rape, torture, insults and others. Violence against children includes physical violence, psychological violence, and exploitation. Prevention efforts include participating in training from the health system and health workers. The author uses a literature study methodology or library study and uses data analysis techniques. The purpose of this study is to gain a better understanding of the various ways that can be done to prevent and handle cases of violence against children and women.

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