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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
Dampak Akuisisi Terhadap Profitabilitas Perusahaan Menurut Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas Tsabitha, Andara; Rahmadhani, Aulia; Pebrianti, Kalista Revana; Zakaria, Salsabila Anggraini
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.14046852

Abstract

In an era of increasingly tight free competition, companies are encouraged to find ways to develop strategies in order to survive. Acquisition has become a popular business expansion strategy used by companies to maintain their existence and survival. This article was written with the aim of finding out more about the legal provisions on the company acquisition process in Indonesia and its impact on company profitability. The method used in this writing is to use the normative legal method, which prioritizes library materials. Finally, it can be concluded that the company acquisition process in Indonesia which is based on Law Number 40 of 2007 concerning Limited Liability Companies can go through two stages, namely through the company's board of directors and direct acquisition from shareholders. Acquisitions can have a significant impact on company profitability by increasing operational efficiency, creating synergies, and expanding market share. Through acquisitions, companies can optimize financial ratios such as ROE, ROI, GPM, OPM, and NPM, which reflect the company's ability to generate profits and maximize value for shareholders.
Analisis Komprehensif Lafaz Sharih Dan Kinayah: Makna, Penerapan Dalam Nash, dan Implikasi Hukumnya Haq, Fitri Maylan; F, Fatmawati; Amin, Abd. Rauf
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The application of sharih and kinayah lafaz requires in-depth study because current developments require a re-examination of the meanings of lafaz in sharia texts so that they remain relevant to societal conditions, therefore this paper discusses the study of lafaz in terms of the use of sharih and knayah meanings. To obtain relevant research results, this research uses data collection techniques or literature study methods. The results of this research are that sharih and kinayah lafaz have contradictory meanings and applications, where sharih lafaz is a lafaz whose pronunciation and application is clear, does not require explanation and is not accompanied by intention, for example if the husband says "I am divorcing you with one divorce" without there is an intention in it, then the divorce still falls on the wife. Meanwhile, the lafaz kinayah is a lafaz which when pronounced has another meaning, namely that it must be explained, and accompanied by an intention, for example, a husband says to his wife, "Go home to your mother's house", then the meaning of these words is that the husband intends to return his wife to her parents, in other words, he wants to abandon his wife.
Analisis Biaya Layanan yang Tinggi Dalam Transaksi Pinjaman Online Pada Bisnis Fintech Adakami Nugraha, Michael Adi; Ardiansyah, Aan Ilham; Panggabean, Jefry Stephen
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.14198848

Abstract

Online loans are facilities for borrowing money by certain bodies by utilizing online technology. Pinjol has grown rapidly in Indonesia in the last three years because the administration requirements are easier compared to banking financial service loans. Fintech itself is a type of company that innovates by utilizing modern technology so that it can provide new added value in the field of financial services. One of the fintech companies, AdaKami, is a peer to peer lending platform managed by PT. Indonesian Digital Financing which provides online credit without collateral and also installment payments with transparent fees.
Analisis Yuridis Serta Tindakan BPOM Terhadap Produk Skincare yang Tidak Memiliki Izin BPOM Bisyri, Thoha; Afifah, Rosalina; Arifah, Refi Aisyah Sakirul; Baihaqi, Ahmad Fahmi Rusdi
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.14242549

Abstract

The high interest of the Indonesian people in skincare products and the diversity of products and innovations offered by various local and international brands is one of the triggers for the emergence of problems, namely skincare products that are sold without a distribution permit from the Food and Drug Supervisory Agency (BPOM). The purpose of this research is to analyze juridically and the actions taken by BPOM against the buying and selling of skincare products that do not have a BPOM license. The research method used is normative juridical with a statute approach that refers to a number of regulations such as Law No. 17 of 2023, BPOM Regulation No. 21 of 2022, and Law No. 8 of 1999. Skincare products without a BPOM license are considered unlawful and can be subject to criminal and administrative sanctions. BPOM has taken various actions such as surveillance operations, temporary production stoppages, recalls of hazardous products, revocation of distribution permits, and education to the public. The results of this study emphasize the importance of compliance with the rule of law to protect consumers and support the development of a safer and more responsible industry.
Praktik Fraud Dalam Sistem Perbankan Ditinjau dari Peraturan Otoritas Jasa Keuangan Rasyad, Pasha Athallah; Hadhani, Muhammad Gading Bintang; Tambunan, Daniel
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Fraud remains a serious problem in the financial sector, especially banking. Data from the Association of Certified Fraud Examiners (ACFE) in 2022 showed more than 2,000 fraud cases worldwide with losses of more than 3.6 billion USD, including 23 cases in Indonesia. In Indonesia, the Financial Services Authority (OJK), which was established in 2013, plays an important role in supervising this sector, implementing anti-fraud strategies to improve bank security. OJK guidelines in OJK Regulation (POJK) No. 39/POJK.03/2019 stipulate that every bank must develop an effective fraud control system and report fraud incidents that have a major impact within three working days. POJK also regulates administrative sanctions for banks that fail to carry out this reporting obligation, including fines and restrictions on business activities. This study uses a normative legal method to analyze the effectiveness of OJK's anti-fraud regulations and evaluate strategies that can be used to prevent and handle fraud. The results of the study show the importance of implementing an effective anti-fraud strategy, which includes prevention, detection, investigation, and monitoring to maintain the stability and health of the bank and protect the interests of customers.
Akibat Hukum Bagi Pekerja yang Melanggar Kewajiban Employee Branding Dalam Hubungan Kerja Suzana, Merillyn Victoria; 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 an important concept in employment relations that aims to strengthen the company's image through employee behavior and attitudes. In the context of employment relations in Indonesia, employees have an obligation to maintain the company's image in accordance with legal provisions and company regulations. This article discusses the legal regulations regarding employee branding obligations in employment relations and the legal consequences for employees who violate these obligations. Based on normative analysis, it was found that violations of employee branding obligations can result in legal sanctions, both internally and externally, including termination of employment (PHK), administrative sanctions, and claims for compensation.
Analisis Pentingnya Legalistas Usaha (Daftar Izin Usaha) Bagi Perusahaan Arrizal, Brian Hafiz; Ramadhan, Resa Piska; Fahrurrizkianur, Akhmad
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.14189497

Abstract

Business legality is an important element in running a company legally and competitively. By having a valid business license, the company can operate in accordance with regulations without the risk of legal sanctions, thereby providing legal certainty and protection for the company's rights. Legality also enhances the company's image, builds trust, and opens up opportunities for collaboration with other parties. In addition, several business sectors have specific requirements that mandate business legality. This legality not only protects the company from rights violations but also helps address potential legal issues. In the competitive business world, business legality becomes an aspect that cannot be ignored and must be understood and managed properly.
Kontrak Kerja Serta Perlindungan Hukum Hak dan Kewajiban Pekerja dalam Sistem Ketenagakerjaan di Indonesia Nirwana, Rena Putri; Damayanti, Ratih
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.14232864

Abstract

Many workers in Indonesia experience violations of legal protection of their rights and obligations, caused by their ignorance of employment contracts and the rights and obligations inherent in the workforce. This issue is the basis for this study, which aims to analyze employment contracts in the context of labor law, focusing on the legal protection of workers' rights and obligations. This study uses a qualitative method with a descriptive approach. The results of the study show that labor law is always related to the protection of workers' rights and obligations. In employment law, an employment contract is understood as a written agreement between an employee and an employer that regulates various aspects of the employment relationship between the two. This contract serves as a legal basis that protects the rights and obligations of each party. Legal protection itself is an effort to protect the dignity and human rights (HAM) owned by legal subjects, in accordance with applicable legal regulations, either in the form of policies or regulations aimed at safeguarding these interests from threats. The rights and obligations between parties are interrelated, where the rights of one party become an obligation for the other.
Tinjauan Yuridis Wanprestasi Sewa Menyewa Tanah (Studi Putusan Pengadilan Negeri Gianyar Nomor 223/Pdt.G/2020/PN Gin) Sirait, Hilda Angelina; Zaydan, Muhammad Yaseer; Lubis, Rachel; Huda, Genthala Rafik
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Land lease agreements often face various problems, one of the main problems that often arise is default, namely when the tenant cannot fulfill his obligation to pay or fulfill other obligations specified in the lease agreement. The focus of this research is to examine juridically the land lease agreement in Ketewel Village, Gianyar Regency in the decision of the Gianyar District Court Number 223/Pdt.G/2020/PN.Gin. Based on the verdict, the landowner filed a lawsuit because the tenant did not pay the rent in accordance with the agreement made before the Notary. The object of this agreement is a plot of land measuring 2580 m² with a total area of 1280 m² in Ketewel Village, Sukawati District, Gianyar Regency. As a result of the default committed by the tenant, the landowner eventually filed a lawsuit to cancel the lease agreement. This is because there is a clause in the agreement which states that if payment fails to be made twice in a row, the agreement becomes legally void and the money received will belong to the landowner. This research examines the provisions and legal requirements of the agreement, the legal basis for the cancellation of the agreement due to default and the settlement of default in the land lease agreement. This research is qualitative in nature using literature studies and juridical studies. Based on the decision, it can be concluded that the negligence of one of the parties in the land lease agreement can result in the legal cancellation of the agreement. In addition, the party who committed the violation must also pay the court costs incurred due to the violation. This decision not only shows how important it is to fulfill obligations in agreements, but also shows the legal consequences arising from not performing obligations in land lease agreements.
Penyelesaian Kasus Wanprestasi Wawa Rental dalam Sewa Menyewa Mobil Ramadani, Fathan; Alfahyan, Muhammad Raihan; Fajar, Muhammad Rizky; Haki, Ardiona Raajwa; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

An agreement or other legal event that results in an obligation gives rise to this legal relationship. In the practice of treaty law, problems often arise relating to the debtor's failure to fulfill his obligations to the creditor or his failure to keep his promise. Default, which comes from the Dutch meaning “bad performance”, occurs when a debtor fails to fulfill a promise, whereas performance occurs when a debtor fulfills a contract under civil law. Default means not fulfilling obligations that have been agreed upon in an engagement. Research on default and its settlement in a car rental agreement at Wawa Rental, Sragen Regency, aims to identify various forms of default and how to resolve them in the practice of car rental agreements at Wawa Rental. The results show that there are several forms of default, namely not performing obligations at all, not being able to carry out obligations as promised, being late in carrying out obligations, and taking actions prohibited in the agreement. The settlement of defaults is carried out through deliberation, while court settlement has never been chosen. The default cases discussed in this paper are examples of many similar cases that have occurred in Indonesia. This shows that there are still many Indonesians who ignore the provisions in the agreement that has been agreed upon by both parties.

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