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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
Urgensi Transparansi Suku Bunga Pada Layanan Pinjam Meminjam Uang Berbasis Teknologi Informasi Ramadhani, Romy Rizqulah; Lyanthi, Merline Eva
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The urgency of interest rate transparency in information technology-based lending services is crucial to protect the legal rights of borrowers. Based on POJK 10/05/2022, transparency is an obligation for fintech organizers, but many parties do not comply with the standards set by AFPI. As a result, borrowers are vulnerable to interest rate abuse. Insufficiently strict regulations and weak supervision and enforcement of sanctions from OJK create legal loopholes that can be exploited by fintech organizers. This study emphasizes the importance of OJK's role in strengthening policies and supervision, as well as enforcing sanctions to ensure compliance with the principle of transparency. This is expected to create a fairer financial services ecosystem, protect consumers, and support sustainable digital economic growth in Indonesia.
Proses Penegakan Disiplin dan Penyelesaian Sengketa di Lingkungan Militer (Tindak Disiplin dalam Kegiatan Militer) N, Naomi; Pasha, Anindya; Ismail, Umar Jafar; Haura, Tsaniyah Aqila; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

According to Law Number 34 of 2004, Indonesia's defense sector is responsible for safeguarding the country's sovereignty, territorial integrity, safety, and dignity. The Indonesian military, known as Tentara Nasional Indonesia (TNI), performs this job. Military disciplinary actions are used in the military environment, however they can lead to conflicts if they do not correspond with established military values. This research, titled "The Application of Disciplinary Actions in the Military Environment" (Study of Decision Number: 78-K/PM.III-19/AD/III/2020), investigates the enforcement of law against TNI personnel implicated in situations of abuse by superiors against subordinates, for instance the Hendra case. The purpose of the research is to understand the application of disciplinary actions in military law, the process of dispute resolution, and the enforcement of discipline in the military environment, as well as the considerations of military judges in making their decisions
Konsep Kewajiban Dalam Hukum Perikatan: Teori dan Penerapannya Dalam Hukum Kontrak Stevani, Frisca Adelia; Silalahi, Riovaldi Paruntungan; Pridehan, Syahla; Maharani, Velissa; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This research aims to examine the concept of obligation in the law of engagement as regulated in the Civil Code (KUHPerdata) and how the basic theories of obligation are applied in the practice of contract law in Indonesia. This research uses a normative legal method with a statutory and doctrinal approach, as well as analyzing court decisions related to bonds and contracts. Obligations in contract law include various types, namely primary obligations, additional obligations, conditional obligations, alternative obligations, and undivided obligations. In addition, this research also explores the forms of default that commonly occur in binding relationships, such as inability to fulfill obligations, delays, or violations of the substance of the contract, as well as default resolution mechanisms applied in the practice of contract law in Indonesia. The focus of this research is to provide an integrated analysis of how theories of liability can be implemented effectively and fairly in the context of civil law. The results of the research are expected to provide a comprehensive guide for academics, legal practitioners, and the general public to understand the application of liability theories in engagement and default resolution in Indonesia.
Optimalisasi Prinsip Kerahasiaan Data Nasabah dan Peranan Otoritas Jasa Keuangan Dalam Mencegah Kebocoran Informasi Isnugraheny, Rizqika Farah; Megawati, Zahra Ekasiwi; Susilawati, Siti
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.14181761

Abstract

The principle of customer data confidentiality is a key pillar in maintaining trust and integrity within the financial services sector. With the advancement of digital technology and the increasing threat of data breaches, optimizing customer data protection has become a critical issue. This study examines the efforts to optimize the principle of customer data confidentiality through the implementation of effective policies and the role of the Financial Services Authority (OJK) as the main regulator and supervisor in Indonesia. OJK plays a key role in setting data security standards, overseeing regulatory implementation, and ensuring that financial service providers comply with good governance principles. This study also analyzes various data breach cases that have occurred, as well as preventive measures that can be taken, such as strengthening security systems, educating financial service providers, and imposing strict sanctions for violations. The findings suggest that collaboration between OJK, financial service providers, and other stakeholders is crucial in creating a safe, transparent, and trustworthy financial ecosystem. Optimizing customer data confidentiality not only protects consumer rights but also strengthens the stability of the national financial sector in the digital era.
Perlindungan Hukum bagi Nasabah dalam Menghadapi Resiko Rush Money di Indonesia Siregar, Maria Louisa; Nirmalasari, Cantika Qori; Rahmansah, Halim
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.14195381

Abstract

Banking is one of the important sectors in the Indonesian economy, but the frequent problem of rush money can threaten the stability of the banking system. Rush money, which occurs when many customers withdraw their funds simultaneously, can cause a liquidity crisis that is detrimental to banks and the economy. In dealing with this phenomenon, legal protection for customers is very important. This article aims to analyze the effectiveness of legal protection for customers in dealing with the risk of rush money in Indonesia, focusing on Law Number 10 of 1998 concerning Banking and the role of the Deposit Insurance Agency (LPS). This study shows that although existing legal regulations are sufficient to protect customers, their effectiveness is still limited by several factors, such as the lack of socialization to customers regarding their rights and the late response from the authorities. LPS plays an important role in maintaining the stability of the banking system, especially in guaranteeing customer deposits and intervening in banks experiencing liquidity problems. Therefore, it is necessary to increase education for customers and strengthen coordination between related institutions to increase the effectiveness of legal protection and maintain the stability of the banking sector in Indonesia.
Perbandingan Kaidah Jual Beli Berdasarkan Jaminan Dengan Berdasarkan Kesucian Barang Syahrani, Fiarinda Putri; Adelia, Nona; Puspita, Ajeng Dian; Prayoga, Sandi
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.14292368

Abstract

This journal analyzes and compares the principles of Islamic law of sale, particularly the differences in approach between the Hanafi and Shafi'i schools of thought regarding transactions based on guarantees versus transactions based on the purity of goods. The study explores the meaning of "guarantee" and "purity of goods" in terms of language and general meaning, as well as examining the arguments that form the basis of both schools in establishing the principles of sale. This journal also presents concrete examples of the application of the principles and their exceptions in the practice of buying and selling. The aim is to provide a more comprehensive understanding of the diversity of scholarly opinions in understanding the law of sale and its contribution to the development of contextual Islamic economic law.
Perawan Remaja yang Dilupakan: Studi Kasus Jugun Ianfu pada Masa Pendudukan Jepang di Indonesia 1942-1945 Farisa, Pawit Fadila Rika; Ketaren, Saher Remal Agungta; Dwiastuti, Winda; Rafie, Mohammad Thoriq Zadien; Setiawan, Panji Ahmad; Amelia, Sindy Meriahni; Widyaardana, Febrian
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.14381457

Abstract

The Japanese occupation of Indonesia (1942–1945) was marked by extensive exploitation of human and natural resources, including the practice of Jugun Ianfu, a system of sexual slavery enforced by the Japanese military. This practice involved the forced recruitment of women, including minors, to serve in military barracks (ianjo) under the pretext of maintaining troop morale. Influenced by the ideology of Hakkō ichiu and military health concerns, this policy caused severe physical and psychological trauma to the victims. Using historical and normative methods, this study analyzes the victims' vulnerabilities, social and psychological impacts, and international legal frameworks on compensation rights. Findings reveal that this systematic war crime violated human rights, with victims entitled to reparations under international law.
Analisis Hukum Pernikahan Muḥallil Terhadap Interaksi Sosial Janda Cerai di Masyarakat J, Jumadiah; S, Sutriani; H, Hamdani; Saifullah, T
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.14061436

Abstract

This research aims to find out about Muhallil’s marriage from a social perspective, and the bad views towards his ex-wife. The approach used is normative. Data collection is prioritized on primary, secondary and tertiary sources of legal material, in the form of legal theories. Such as the Koran, Hadith, and fiqh books. The results of the research show that scholars differ in their views on muhalill. There are scholars who allow it on condition that the marriage is sincere, not to be divorced later, has had husband and wife relations, and so on. There are also scholars who do not allow muhalillil for any reason because the aim is to make marriage legal for their ex-husband, but if you look at social interactions in society towards divorcees, this is a normal thing, if a couple is no longer compatible, resulting in divorce or the status of a divorcee. Is not a taboo matter, but divorcees who have been triple divorced are talked about in society and ridiculed. The results of the review of people’s lives show that there are obstacles faced after living as a divorcee, especially after three divorces, resulting in difficulty doing one’s own work, difficulty raising one’s own children, difficulty meeting economic needs, experiencing feelings of discomfort towards status as a divorcee.
Peran Otoritas Jasa Keuangan dalam Pengawasan Hukum Perbankan di Era Digital Syafri, Muhammad Irvan; Sinaga, Juan Daniel; Herta, Daiva Ebiandre; S, 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.14208075

Abstract

The rapid development of information technology has significantly transformed the banking sector, particularly through the digitalization of financial services. The Financial Services Authority (OJK) plays a crucial role in regulating and supervising this sector to ensure the stability of the financial system and consumer protection. While digitalization offers efficiency and broader access, new challenges arise, such as data security risks, technology misuse, and the presence of unregistered digital financial institutions. In this context, OJK functions not only as a regulator but also as a facilitator for safe and sustainable innovation. Through a risk-based approach and the development of a regulatory sandbox, OJK strives to create an inclusive and secure financial ecosystem. This study employs a normative legal method to analyze regulations and best practices in supervising digital financial services in Indonesia.
Penyalahgunaan Data Pribadi Pasien Dalam Rekam Medis Oleh Tenaga Medis/Tenaga Kesehatan Rumah Sakit Setiawan, Dion Putra; 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.14281661

Abstract

Misuse of patient personal data in medical records by medical personnel or health workers in hospitals is a very crucial problem from a legal perspective, because it is directly related to violations of the right to privacy and protection of personal data. Medical records, which contain highly sensitive health information, have strong legal protection at both national and international levels. In Indonesia, Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) provides a legal basis for managing and protecting patient personal data, including medical data. Misuse of data can take the form of unauthorized access, disclosure of data without permission, or use of data for personal interests. This criminal act of misuse of personal data has serious legal impacts, both for the medical personnel concerned and hospitals as health service providers. This research aims to analyze forms of misuse of patient personal data in medical records by medical personnel and health workers, as well as examine the legal implications that arise, including administrative and criminal sanctions in accordance with applicable regulations. Apart from that, this research also discusses preventive measures that can be implemented by hospitals to prevent these violations from occurring, such as implementing an adequate security system and understanding legal obligations regarding the protection of patient personal data.

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