Media Hukum Indonesia (MHI)
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.
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<![CDATA[Perlindungan Hukum bagi Pemegang Saham: Menggali Hak dan Risiko dalam Perseroan Terbatas ]]>
<![CDATA[Zahra, Humaerotuz]]>;
<![CDATA[Putri, Ambar Krisna]]>;
<![CDATA[Tambunan, Henri Marusaha]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14068902
<![CDATA[This article discusses a legal entity in the business world known as a limited liability company (PT), focusing on the rights and obligations of shareholders, the Board of Directors, and the Board of Commissioners within the context of limited liability as regulated by Law Number 40 of 2007 on Limited Liability Companies (UUPT). As a legal entity, PT has distinct characteristics, including a clear separation between the assets of the company and the personal assets of its management and shareholders. Shares in a PT function as proof of capital ownership, granting economic and proprietary rights to shareholders without directly imposing personal responsibility for the company's obligations. There is a division between majority and minority shareholders, which influences decision-making in the General Meeting of Shareholders (RUPS), the highest governing body in a PT. This article also outlines legal protections for shareholders as well as various legal risks they may face. The research method used is a qualitative approach involving literature analysis and legal review to understand the challenges and legal solutions in the PT sector.]]>
<![CDATA[Perlindungan Hukum Terhadap Korban Cyber Crime di Indonesia dalam Aliran Hukum Pada Kasus Pencurian Data Pribadi ]]>
<![CDATA[Idriansyah, Alfi Salsabilah]]>;
<![CDATA[Afifah, Nur]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14209512
<![CDATA[With the rapid development of information and communication technology, various types of cybercrime, especially personal data theft, are becoming more possible. In today's digital era, legal protection for victims of personal data theft is an important issue. This article examines the legal protection provided to victims of personal data theft on the internet from the perspective of Indonesian law. This study uses qualitative methodology and literature study. The study shows that Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and Regulation of the Minister of Communication and Informatics Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems are the main laws in Indonesia that regulate personal data protection. Victims have rights protected by this legal protection, such as the right to be notified in the event of a data leak, the right to compensation, and other rights. However, these regulations still need to be improved to accommodate rapid technological developments and provide legal certainty for all parties.]]>
<![CDATA[Pengenaan Pajak Bumi dan Bangunan Bagi Pemukiman Terapung di Atas Perairan Indonesia ]]>
<![CDATA[Hermawan, Rio]]>;
<![CDATA[Michael, Tomy]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14286768
<![CDATA[Houses as a means of survival and a place for the development of community life in water areas, so houses are very needed by people who live in water areas, so that people in that area build floating houses on the water. This research aims to analyse the regulations related to the existence of floating houses that are not covered in the Law of the Republic of Indonesia Number 28 of 2009 concerning Local Taxes and Regional Retribution. Therefore, what is meant is professional building materials that are installed in full or are in the process of being installed on land, in water, and in the sea. Based on this definition, large houses and their structures that are still submerged in water are included in the category of Taxable Goods according to Law No. 28/2009 concerning Regional Taxes and Regional Retribution. The selection of this type of study is based on the lack of clarity of land tax regulations and floating settlement buildings above Indonesian waters, because the existence of floating houses is on the water and in the sea. This research uses normative research methods through the UU approach contained in related laws and regulations along with existing norms and developing in society. The existence of floating houses in Indonesia has existed since the Dutch colonial era. Floating houses are spread in several provinces in Indonesia, such as Sulawesi, Kalimantan, and Palembang. This floating house stands with a construction system planted on water controlled by the state.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Korban Incest oleh Ayah Kandungnya Perspektif Viktimologi ]]>
<![CDATA[Ramalia, Yesa Titan]]>;
<![CDATA[Wahidah, Aisyah Putri]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14058605
<![CDATA[One form of crime that currently threatens children is sexual violence and even rape. However, what happens if the protection that parents should provide to their children in terms of preventing the crime of rape is not provided and instead the parents are the perpetrators of the crime of rape against their own children. The aim of this research is to find out how the regulations provide for the legal protection of children victims of incest rape in Indonesia and to find out what the obstacles are in enforcing legal protection for children victims of biological father incest from a victimological perspective. The research method used with a normative juridical approach is based on the study of (solving existing problems) in positive law. The aspects studied and studied in this research relate to legal protection for child victims of incest and knowing how this problem is studied based on the Viktiomolgi perspective. The conclusions of this research are 1) Legal protection for child victims of incest crimes is carried out by rehabilitating and restoring victims physically, psychologically and socially as well as punishing perpetrators of incest crimes to provide a sense of security to victims 2) obstacles to efforts to enforce legal protection are present from positive law that regulates incest, then from law enforcement officials, as well as from the public who tend to be uncooperative and cover up acts of incest.]]>
<![CDATA[Analisis Tanggung Jawab Bank Terhadap Kebocoran Data Nasabah: Ditinjau Dalam Perspektif Hukum Perbankan ]]>
<![CDATA[Wildan, Muhammad]]>;
<![CDATA[Ramadhan, Daud Renata Candra]]>;
<![CDATA[Wijayanti, Zulfa Rena]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14201758
<![CDATA[Data breaches involving bank customers are a critical issue in modern banking, with significant impacts on both customers and the reputation of banks. This study analyzes the legal responsibilities of banks regarding data breaches in Indonesia, focusing on applicable regulations, such as Law No. 10 of 1998 on Banking and Law No. 27 of 2022 on Personal Data Protection (PDP Law). The research employs a normative juridical method to examine banks' obligations to maintain the confidentiality and security of customer data. The findings indicate that banks have a legal duty to protect customer data, including ensuring security systems capable of addressing threats like cyberattacks. Banks found negligent in fulfilling these duties may face administrative sanctions, criminal penalties, or damages. The study also identifies challenges in regulatory implementation, such as non-compliance by banks, weak oversight, and low awareness of data protection in the banking sector.]]>
<![CDATA[Tinjauan Yuridis Atas Keadilan Dalam Pemberian Upah Bagi Peserta Magang Berdasarkan Peraturan-Peraturan Ketenagakerjaan di Indonesia ]]>
<![CDATA[Safitri, Adhesya Hani]]>;
<![CDATA[Putri, Ambar Krisna]]>;
<![CDATA[Rahmadani, Ardita Esti]]>;
<![CDATA[Lestari, Dhea Indah]]>;
<![CDATA[Larisa, Dita Mala Racel]]>;
<![CDATA[Zahra, Humaerotuz]]>;
<![CDATA[Halizhah, Nur]]>;
<![CDATA[Putri, Ramona]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14264007
<![CDATA[In this research, there is a formulation of the problem, which includes what are the rights and obligations of apprentices related to wages in accordance with applicable labour regulations, procedures for implementing labour regulations in ensuring fair wages for apprentices in Indonesia, and the impact of the practice of unpaid internships on legal protection and post-apprentice welfare in Indonesia. This study aims to be able to identify and analyse the rights and obligations of apprentices related to wages in accordance with applicable labour regulations, evaluate the implementation of labour regulations in ensuring fair wages for apprentices in Indonesia, and examine the impact of the practice of unpaid apprenticeship on the legal protection and welfare of apprentices in Indonesia. Normative juridical research is implemented to analyse and evaluate unpaid internship agreements and related legal aspects of legal protection for interns, besides that the approach used can be used to analyse internship agreements on existing legal rules in certain jurisdictions. In the analysis of this apprenticeship agreement, it is known that there are discrepancies when fulfilling facilities in the health of apprentices, providing pocket money, setting appropriate work time limits and appropriate job descriptions for apprentices. The legal protection is also still not in accordance with what has been in the internship agreement.]]>
<![CDATA[Urgensi Pengaturan dan Perlindungan Hukum Bagi Pekerja Rumah Tangga di Indonesia ]]>
<![CDATA[Anugrah, Cahyo Putra Fatkhuriza]]>;
<![CDATA[Ruslie, Ahmad Sholikhin]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[Domestic Workers (PRT) in Indonesia have a major contribution in supporting the sustainability of the economy and social life of the community. However, their existence is often ignored in legal regulations that should provide proper protection and recognition. The absence of specific laws governing the rights and obligations of domestic workers creates significant legal loopholes, so that many domestic workers face the risk of exploitation, discrimination, and even violence. This study aims to examine the urgency of legal regulations for domestic workers, with a focus on analyzing the weaknesses of current regulations and recommendations for the formation of more inclusive and fair policies. So that in this study there is a formulation of problem one, namely How is the legal regulation on Domestic Workers, and the formulation of problem two How is the legal protection for Domestic Workers. So to what extent are existing legal regulations able to protect domestic workers and what steps need to be taken to improve this protection. This study uses a normative legal method, with a legislative and conceptual approach. The data used includes primary legal materials, such as applicable laws, and secondary legal materials in the form of related literature, which are analyzed qualitatively to gain an in-depth understanding. The results of the study show that legal protection for domestic workers is very minimal. Domestic workers are not recognized as formal workers, so they do not receive basic rights such as minimum wages, decent working hours, and access to social security. ]]>
<![CDATA[Perspektif Hukum Lingkungan dalam Perlindungan Biodiversitas di Taman Nasional Gunung Ciremai ]]>
<![CDATA[Damayanti, Ita]]>;
<![CDATA[I, Ikomatussuniah]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.13998530
<![CDATA[Mount Ciremai National Park (TNGC) is an important conservation area that is home to a variety of endemic flora and fauna. This study examines the effectiveness of environmental law implementation in protecting biodiversity in TNGC and identifies obstacles in law enforcement. Using normative legal methods with a legislative and conceptual approach, this study analyzes the implementation of Law Number 5 of 1990 and Law Number 32 of 2009 in the context of TNGC protection. The results of the study indicate that despite a strong legal framework, biodiversity protection in TNGC still faces serious challenges. Around 42.54% of the total area has been degraded, indicating the complete ineffectiveness of existing regulations. The main obstacles include minimal human resources, low public awareness and participation, lack of infrastructure, conflicts of interest between the government and local communities, and complicated bureaucracy. This study concludes that an approach involving various stakeholders is needed to improve the effectiveness of biodiversity protection in TNGC. Recommendations include increasing the capacity of law enforcement, public education, improving infrastructure, conflict resolution, and bureaucratic reform. The implementation of this strategy is expected to strengthen conservation efforts and ensure the sustainability of the TNGC ecosystem for future generations.]]>
<![CDATA[Hak Masyarakat Adat ]]>
<![CDATA[Zalsabillah, Annisa]]>;
<![CDATA[Dahlan, Darnia]]>;
<![CDATA[Anugrah, Abdi]]>;
<![CDATA[Taqyuddin, Andi]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14564245
<![CDATA[Constitutional recognition and protection of indigenous peoples remains recognized after the 1945 Constitution was amended, where this is regulated in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution. Although there is constitutional recognition and protection of indigenous peoples, there are still two main problems that have not been resolved. First, the recognition of indigenous peoples is enforced with certain conditions, namely as long as the indigenous peoples still exist, develop in accordance with the progress of the times, and in accordance with the principles of the Unitary State of the Republic of Indonesia (NKRI). These conditions come from provisions in lower laws, and in practice often become obstacles in providing recognition and protection of the rights of indigenous peoples. The phrase "as long as they are still alive and in accordance with the development of society and the principles of NKRI" often causes the recognition of indigenous peoples to be trapped in debates about the indicators that must be met. In fact, several existing laws and regulations do not provide uniform indicators to interpret these constitutional conditions. Second, in the constitution, there are two terms introduced, namely Customary Law Community Unity (Article 18B paragraph 2) and Traditional Community (Article 28I paragraph 3). There is no further explanation regarding the differences between the two terms. Law No. 6 of 2014 concerning Villages tries to translate Article 18B paragraph (2) by introducing the term "customary village" as the equivalent of Customary Law Community Unity. However, the implementation of this law still causes problems, especially related to the recognition of the social unit of the customary community, where the term "customary community" cannot be fully accommodated in the concept of "customary village" introduced by the Village Law.]]>
<![CDATA[Efisiensi Penggunaan Quick Response Code Indonesia Standard (QRIS) Dalam Mendukung Penjualan di Era Digital ]]>
<![CDATA[Simanjuntak, Berliana]]>;
<![CDATA[Putri, Aura Permata]]>;
<![CDATA[Syahidah, Aisyah Wafa]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14192809
<![CDATA[This research aims to determine and analyze the efficiency of using the Quick Response Code Indonesia Standard (QRIS) by banks in supporting sales in the digital era. This research also analyzes the impact of QRIS on bank operational efficiency, including the principle of confidentiality in QRIS transactions. QRIS, as a national standard for digital payments, has been widely implemented by various financial institutions to facilitate fast and safe non-cash transactions. The data used includes QRIS transaction statistics in 2024, which shows significant growth in the number of users and merchants. The research results show that using QRIS not only speeds up the payment process but also increases customer satisfaction and customer loyalty. Thus, QRIS plays an important role in driving bank sales growth amidst the ever-growing digital transformation.]]>
