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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
Delik Culpa dalam Berkendara (Studi Kasus Tindak Pidana Pelanggaran Lalu Lintas di Kabupaten Gorontalo) Tobing, Vania Athalia Lumban; Permatasari, Angelina Dewi; Immanuel A.S, Laurentius; Rajagukguk, Elisabeth; 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 | DOI: 10.5281/zenodo.7978399

Abstract

The crime of culpa in driving is a violation of general criminal law because of negligence from the driver side, where accidents that result in fatalities might have occurred. Drivers who breach the traffic law and allow the death of a person by their negligence may be prosecuted based on the prevailing laws. This research is specifically conducted as a case study of traffic law violation in Gorontalo Regency due to driver negligence. That is all because of negligence due to a lack of awareness of safety on the road. From this very issue, the author conducted research on the application of culpa in driving, based on a case study of traffic violations in Gorontalo Regency which led to a prosecution in conformity with legal policies in force. Methods The method used in this research is a literature review by referring to various literature sources, either in the form of books, journals, papers, news, and others. The results of this study indicate that accidents occur due to a lack of awareness from the driver, which leads to negligence, or culpa in Latin, causing death. This research also underlines the importance of driver responsibility while driving. The fatal incidents teach a lesson of traffic safety and implementation of the law as per the legal policies against the traffic violators, which works like education for the general public in order to drive carefully to attain traffic safety.
Tinjauan Yuridis Terhadap Proses Penerbitan Akta Kelahiran Anak Luar Kawin (Studi Dinas Kependudukan dan Catatan Sipil Kabupaten Batu Bara) Banun, Sri; Azmi, Muhammad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Children who are state assets who will continue the nation's ideals, it is only right that we as adults and have a healthy mind fight for their rights so that they can grow and develop properly so that there is no more discrimination against the position of illegitimate children who are human beings with inherent dignity and dignity from the womb to death as stated in Law No. 39 of 1999 concerning Human Rights, with a study entitled "Legal Review of the Process of Issuing Birth Certificates for Extramarital Children (Study of the Population and Civil Registration Service of Batu Bara Regency)" aims to analyze the synchronicity and harmony between theory and reality in the field. By using the nature and type of empirical research and qualitative descriptive with the type of data taken and used in this study are primary data and secondary data taken using approach and interview techniques as well as data from archiving and important documents at the Population and Civil Registration Service. The focus of this research conducted in this thesis is on the position of illegitimate children, the role and procedure or process of issuing birth certificates for illegitimate children, starting from the requirements, process and to the final stage, namely the receipt of birth certificates or submission of birth certificates from officers to applicants as well as obstacles and inhibiting factors in the process of issuing birth certificates for illegitimate children. With the data analysis technique used, namely qualitative data analysis, it can be seen that the conditions that occur are less synchronized between theory and what happens in the process of issuing birth certificates for illegitimate children. 
Efektivitas Pengawasan Otoritas Jasa Keuangan (OJK) Dalam Menjamin Keamanan Dana Nasabah di Era Perbankan Digital : Studi Kasus Bank Syariah Indonesia Aini, Ailia Nur; Girsang, Rachel; Putri, Amelia Juliana; 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.14195708

Abstract

In the modern digital era, technological developments have driven major changes in the banking industry, enabling people to carry out convenient and efficient online transactions. This progress increases the tendency of people to save money in banks for the security of their assets, because the banking system is considered safer with the support of supervision by institutions such as the Financial Services Authority (OJK). Banks not only function as depositors of funds, but also play an important role in national economic growth through providing access to financing, lending and distributing monetary policy. Bank Syariah Indonesia (BSI), as one of the sharia-based banks in Indonesia, has adopted digital banking to strengthen services to customers according to sharia principles. Supervision of digital banks, especially by the OJK and Bank Indonesia, aims to protect customers through strict regulations regarding data security, transparency and fair treatment. In the case of cyber attacks such as ransomware that hit BSI, this security challenge shows the importance of increasing coordination between OJK, the National Cyber and Crypto Agency (BSSN), and related institutions to speed up response and recovery. This case underscores the importance of evaluating regulations and increasing the effectiveness of OJK supervision, especially in preparedness to face cyber threats, technology investment and customer education in digital banking
Analisis Pembelaan Terpaksa Korban Tindak Pidana Pembegalan yang Dijadikan Tersangka Menurut Tinjauan Viktimologi Utami, Pingky
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.14241908

Abstract

Price rounding is the practice of adjusting the price of goods by rounding it This research examines the phenomenon of victims of criminal acts of robbery being made suspects after carrying out forced defense actions. In this context, the analysis is carried out based on a victimology perspective which highlights the role and position of the victim in the legal process. Compulsory defense is often recognized in criminal law as a legitimate measure to protect oneself from an unavoidable threat. However, the complexity of certain cases means that victims who are defending themselves from brutal attacks become the ones who are blamed and made suspects. This research uses a normative juridical method with a case approach, and utilizes literature studies to understand how victimology laws and policies are applied in situations like this. This research recommends policies that are fairer and more sensitive to victims in the context of forced defense, as well as increasing legal awareness of law enforcement officers regarding aspects of victimology.
Tinjuan Yuridis Pemekaran Wilayah Daerah Provinsi Berkaitan Dengan Wacana Pemekaran Provinsi Nusa Tenggara Timur (NTT) Ama, Jefrianus Tamo
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

In principle, the formation of provincial regional expansion, according to the 1945 Constitution of the Unitary State of the Republic of Indonesia in article 18B (1), expressly states that the Unitary State of the Republic of Indonesia consists of provincial districts/cities which have regional autonomy. Therefore, the formation of new provinces is an implementation of the decentralization principle in the 1945 Constitution. Regional expansion is a process of forming new autonomous regions from an existing region. The formation of new regional expansions is based on the principle of decentralization which applies the division of authority to regulate the regional household itself. The discourse on the expansion of East Nusa Tenggara Province is an aspiration from the people, this is just a discourse or issue which was then responded to by several politicians and members of the People's Representative Council of the Republic of Indonesia. Therefore, the expansion of provincial regions is based on Law no. 23 of 2014 concerning regional governments and implementing regulations, Government Regulation of the Republic of Indonesia Number 78 of 2007 concerning Procedures for the Formation, Abolition and Merger of Regions. In this regulation, as the implementer of Law no. 24 of 2014, which includes implementation procedures, mechanisms and procedures for establishing regional areas. In this research, the author uses a normative juridical research approach, and sociological analysis based on existing secondary data, namely from: Books, magazines, journals, newspapers, websites, as a benchmark for this author or authors
Pengaruh Employee Branding terhadap Peran Karyawan dalam Membangun Loyalitas dan Reputasi Perusahaan Setyawan, Arel Saputra; Ambarwati, Mega Dewi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Employee branding is a crucial strategy in modern organizations to strengthen employee loyalty and build the company’s reputation among the public. This study aims to analyze the impact of employee branding on employees' roles in fostering loyalty and enhancing corporate reputation. Using a quantitative approach, data were collected through surveys involving 200 employees from various industries. The findings reveal that employee branding has a positive and significant effect on employee engagement in promoting company values. Furthermore, this strategy also contributes to increased loyalty and a positive corporate image. The study concludes by highlighting the importance of employees' roles as brand ambassadors in fostering stronger relationships between companies and their customers.
Pandemi Covid-19 Sebagai Alasan Force Majeure Dalam Kontrak Bisnis Maliq, Alita Aulia; Thahir, Ali; Faliskha, Aulia Najla; Azhari, Fadli; 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.14189636

Abstract

The Covid-19 pandemic has severely disrupted various business sectors, including the fulfillment of contractual obligations. Many parties to business contracts faced difficulties in meeting their obligations due to restrictions such as lockdowns and movement limitations. In this context, force majeure has been used as a basis to postpone or adjust contractual obligations. This study aims to analyze the use of force majeure during the Covid-19 pandemic as a basis for deferring business contract obligations and to explore dispute resolution mechanisms resulting from breaches of contract. The research method employed is a literature review, collecting and analyzing relevant sources related to force majeure and dispute resolution mechanisms during the pandemic. The findings indicate that force majeure can be applied as a basis for delaying contractual obligations during the pandemic, though its implementation requires thorough analysis based on contract provisions and evidence of the pandemic’s direct impact. Recommended dispute resolution mechanisms are negotiation and mediation, given their flexibility and efficiency. In conclusion, flexibility and efficient dispute resolution are crucial in addressing contractual challenges during the Covid-19 pandemic.
Analisis Tinjauan Yuridis Terhadap Pembobolan Rekening Bank Digital Yang Dilakukan Pegawai Bank (Dalam Perspektif Hukum Perbankan Berdasarkan Studi Kasus Bank Jago 2023) Wicaksana, Dika Hikmah; Ramadhan, Niko Rafael; Ramadhan, Aditya Rizky; Winata, Henry; Ardian, Muhammad Fadhil
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.14220517

Abstract

The case of account hacking by Bank Jago employees reveals major challenges in the digital banking security system. The method used in this study is based on literature review techniques using an empirical legal approach. This study analyzes the case from a legal perspective including Law Number 10 of 1998 concerning Banking, Law Number 27 of 2022 concerning Personal Data Protection, Law on Information and Electronic Transactions (ITE) Number 19 of 2016, and POJK No. 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector. The results of the study were in the form of violations that occurred including abuse of authority, violation of bank confidentiality, and protection of personal data. The study shows the importance of strengthening regulations and internal supervision to prevent similar crimes in the digital banking era.
Perspektif Hukum Adat terhadap Kasus Jarimah Zina Berdasarkan Qanun Jinayat Aceh Pakpahan, Firly Natasha; Andita, Naufalia; Tazkia, Rahma; Syauqi, Za’im Syaban
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.14307286

Abstract

Aceh is a province with special autonomy that implements customary law and Islamic Sharia in societal life, as regulated in “Article 1, Paragraph 2 of Law No. 18 of 2001”. Customary law in Aceh is an integral part of Indonesia's legal system, rooted in the traditions, culture, and Islamic values embraced by the Acehnese people. This law governs various aspects of life, some of which focus on community governance and Islamic criminal law. Within the context of Aceh's special autonomy, customary law is recognized and implemented alongside national law. With the coexistence of dual criminal law systems in Aceh, namely the Qanun Jinayat and the Indonesian Criminal Code (KUHP), it underscores the significant role of Islamic law in addressing criminal acts, including cases of adultery (zina). This article examines the implementation of customary law in Aceh that aligns with Islamic Sharia, the fostering of customary life through the application of Islamic Sharia in traditional life as regulated by Aceh's Qanun, the customary judiciary in Aceh, and the enforcement of sanctions based on the Qanun Jinayat, particularly related to the crime of zina.
Pemblokiran Sertifikat Tanah Sebagai Bentuk Wanprestasi Jual Beli Tanah (Studi Kasus terhadap Putusan Nomor 1530 K/Pdt.G/2003) Syakuran, Khaidar Abdan; Pitaloka, Putri Galuh; Hadi, Rival Mahesa Fauzan; Yuliandra, Stefie; Syakirah, Davina; Andira, Ilham; Rusdiananto, Gavra Fiko; Syaihputra, Brian Maulana Muhammad; Haryadi, Raina Ardelia; Sapitri, Irena; Lagut, Veronica Sekar Wela; Rizkianti, Wardani
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.14448173

Abstract

Buying and selling is a process of exchanging goods or assets based on an agreement, as regulated under Article 1320 of the Indonesian Civil Code (KUHPerdata). However, the implementation of such transactions often faces challenges due to breaches of agreement, leading to disputes, as exemplified in Decision No. 1530 K/Pdt/2003. This article aims to analyze the resolution of land sale and purchase disputes when one party fails to fulfill the agreement and examine the impact of the sale and purchase deed (AJB) as evidence in disputes that result in the blocking of land certificates. The study also seeks to provide insights into the importance of strengthening regulations and dispute resolution mechanisms in land sale and purchase transactions to ensure legal certainty and protect the rights of the parties involved.

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