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[Pemahaman Hadis Tentang Moderasi Beragama (Studi Takhrij Hadis) ]]>
<![CDATA[Askar, Nurlacksmi Septiana]]>;
<![CDATA[Tasbih, Muh.]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[From the public to religious leaders, religious moderation has become a widespread phenomenon lately. This has to do with the religious climate in Indonesia, which is a bit unsettling. This is an example of religious radicalism, as the increasing religious polemics have a significant impact on elements of harmony. This situation encourages the development of religious moderation. Religious moderation can be defined as religious practice that is balanced rather than excessive. However, over time the definition of religious moderation has become more complex. This thesis aims to find out whether Hadith as the second Muslim guideline has roots and has great potential to invite its followers to commit violence and terror, especially against people of other religions. In this study, researchers used the thematic method (Maudhu'i), which is to do takhrij Hadith regarding religious moderation, then sanad criticism and matan criticism. Then relate it to the contexts related to the problem studied. The results show that the Hadith does not invite Muslims to be violent, extreme and excessive in religion as well as the Qur'an. The Qur'an and Hadith offer that understanding and practicing religion must go through the path of balance and be in the middle ground so that religion seems friendly, gentle and compassionate. In fact, balance is a necessity, including in natural law as the harmony of life. If not, this world will be destroyed and perish.]]>
<![CDATA[Penyelesaian Konflik Antar dan Intern Agama Dengan Surat Keputusan Bersama ]]>
<![CDATA[Budiantoro, Totok]]>;
<![CDATA[Hardyansah, Rommy]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14753348
<![CDATA[The state guarantees the freedom for every citizen to embrace a religion and practice their worship. However, problems that arise in life between religious communities are always there. The conflict takes a lot of energy and thought from all parties because it has touched on the political, social, and economic realms. The government has made various efforts to reduce conflict between religious communities, such as conducting interfaith dialogue. It is hoped that the community can prepare themselves to hold discussions with people of other religions who have different views on the reality of life. The dialogue is intended to get to know each other and gain new knowledge about the religion of the dialogue partner. The dialogue itself will enrich the insights of both parties in order to examine the similarities that can be used as a basis for living in harmony in society.]]>
<![CDATA[Pembatalan SK Pemberhentian Tidak Hormat Notaris oleh Pengadilan Akibat Kesalahan Kementerian Hukum dan HAM (Studi Kasus Putusan Nomor 294 K/TUN/2021) ]]>
<![CDATA[Nasution, Reynaldi Yuliansyah]]>;
<![CDATA[Somasir, Tetti]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[Notaries in carrying out their authority and duties are regulated by Law Number 2 of 2014. A notary can be dismissed by the Minister of Law and Human Rights if they commit a serious violation. A notary can file an objection and a cancellation lawsuit against the Dishonorary Dismissal Decree issued by the Ministry of Law and Human Rights as stated in the Jakarta State Administrative Court Decision Number 294 K/TUN/2021. Where the court subsequently revoked and annulled the Decree of the Minister of Law and Human Rights Number AHU.55.AH.02.04 of 2019. The issue in this research is to determine the accountability of the Minister of Law and Human Rights and to understand how to restore the reputation of notaries who have been harmed by the dishonorable dismissal by the Ministry of Law and Human Rights from the Notary position based on the annulment of the decree by the court as stated in decision Number 294 K/TUN/2021. Meanwhile, the research method used in this study is normative juridical, which employs secondary legal data and qualitative data analysis. And the theories used to analyze the issues in this research are Hans Kelsen's Theory of Responsibility, Philipus M. Hadjon's Theory of Legal Protection, and the general principles of good governance. The results of the research and discussion, as well as the conclusion, indicate that the decision of the Minister of Law and Human Rights has not met the principle of prudence based on the Judge's consideration, and it is the Minister's responsibility to revoke the decision that has been made and restore the Notary's status by reappointing them as a Notary in their original place as one of the efforts to restore the Notary's good name.]]>
<![CDATA[Tamimah dalam Perspektif Hadis ]]>
<![CDATA[N, Nurmajedah]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[Tamimah is a rope that is worn by Arabs around the neck of children with the assumption that it can protect them from other diseases or eye diseases. Islam came and forbade all things related to shamanism in the form of amulets or spells and anything related to them is an evil that must be fought, except those that come from the Qur'an or spells that are ma'tsur. Based on this problem, the author wants to examine how the quality of the hadiths, both those that allow and forbid, and how to resolve them. Based on the results of the research, the authors found that the hadiths that seemed contradictory regarding the permissibility of using amulets could be compromised in order to avoid conflict and could be practiced together, considering that these hadiths met the criteria for the validity of the hadith. Thus, these traditions are maqbul hadiths with the status of valid traditions. So even though there are more hadiths that prohibit tamimah, all forms of amulets, whether from the Qur'an or not, are permissible under certain circumstances. The hadith about amulets is prohibited because some friends think that amulets are shirked because they deny belief in Allah swt. In fact, every form of the disease has a cure and the disease is cured with the permission of Allah swt.]]>
<![CDATA[Perlindungan Hukum Terhadap Korban Kekerasan Seksual Menurut Perspektif Hukum Pidana Islam ]]>
<![CDATA[Uddin, Hafiz Rafi]]>;
<![CDATA[Kristiono, Natal]]>;
<![CDATA[R, Ruhadi]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14785387
<![CDATA[Sexual violence is a serious problem that has a wide impact on victims, both physically and psychologically. In the legal context, there are differences in approach between Islamic criminal law and the positive legal system in Indonesia regarding victim protection. This study seeks to answer three problem formulations: how Islamic criminal law defines and provides protection for victims of sexual violence, the differences in protection between Islamic criminal law and the positive legal system in Indonesia, and the implementation of Islamic legal principles in a modern plural society. This study aims to examine legal protection for victims of sexual violence from the perspective of Islamic criminal law and compare it with the positive legal system. Using a literature study method, data were collected from fiqh books, the Qur'an, Hadith, scientific journals, and laws and regulations in Indonesia, which were then analyzed qualitatively. The results of the study show that Islamic criminal law offers protection based on divine justice with strict sanctions against perpetrators and restoration of victim honor, although the standard of proof is quite strict. On the other hand, Indonesian positive law provides a more flexible approach with a focus on victim rehabilitation and upholding human rights. In a plural society, the implementation of Islamic criminal law principles requires adaptation through ijtihad and integration of Islamic legal values with the positive legal system. This study concludes that combining the best elements of both legal systems can create comprehensive and responsive legal protection for victims of sexual violence.]]>
<![CDATA[Penolakan Penyediaan Alat Kontrasepsi Bagi Anak Dalam Perspektif Teori Perlindungan Anak oleh Arif Gosita ]]>
<![CDATA[Anjani, Putri Ageng]]>;
<![CDATA[Setyorini, Erny Herlin]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[Children are the next generation of a nation, it is not surprising that the state must guarantee child protection in order to achieve child welfare. However, the state is often faced with the phenomenon of problems related to child protection, namely free sex by children. As a form of child protection, the state ensures that children also need reproductive health efforts. This is stated in Government Regulation Number 28 of 2024 concerning implementing regulations for Health Law Number 17 of 2023, that the provision of contraceptives is one part of reproductive health efforts for children. This study will analyze the provision of contraceptives for children from the perspective of Arif Gosita's child protection theory, which in this theory can be understood that explaining good child protection must be based on Pancasila as a way of life and the nation's moral ideals. The type of research used in this study is normative legal research, namely a method that analyzes the relationship and alignment between legal principles, legal norms, and scholarly opinions (theories) and other rules related to the main problem to be discussed to answer the legal issues faced.]]>
<![CDATA[Analisis Fungsi dan Signifikansi Perjanjian Hukum dalam Transaksi Perdagangan Internasional ]]>
<![CDATA[Z. N, Nabilah]]>;
<![CDATA[R. A., Haq,]]>;
<![CDATA[T. C, Sihotang]]>;
<![CDATA[S, Stephanie]]>;
<![CDATA[A, Khairunnisa]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[Legal agreements have a strategic role in supporting international trade transactions, especially in ensuring legal certainty, regulating the rights and obligations of the parties, and preventing disputes. This study analyzes the function, significance, and challenges of implementing legal agreements in cross-border transactions. With a normative legal approach, this study examines various regulations, principles of international law, and relevant case studies. The findings show that legal agreements not only provide legal certainty, but also play a role in managing business risks, resolving disputes efficiently, and creating stability in trade relations. Case examples show the importance of drafting comprehensive agreements and harmonizing international law to overcome differences in legal systems between countries. The implications of this study are the need for better education and understanding among business actors regarding the implementation of legal agreements. In addition, practical recommendations are provided to improve the effectiveness of legal agreements in promoting global economic stability. By understanding and implementing legal agreements effectively, business actors can avoid the risk of disputes, facilitate transactions, and build more solid and profitable business relationships.]]>
<![CDATA[Mekanisme Pengaturan Dana Bantuan Korban Sebagai Alternatif Pemenuhan Restitusi Anak Korban Kekerasan Seksual ]]>
<![CDATA[Abdillah, Ana]]>;
<![CDATA[Setyorini, Erny Herlin]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14791473
<![CDATA[This article discusses the urgency of regulating the victim assistance fund mechanism as an alternative to fulfilling restitution for child victims of sexual violence. The implementation of restitution still faces various obstacles, such as problems in submitting applications, calculating restitution that takes a long time, coordination in the implementation of asset confiscation, and structural obstacles in the implementation of asset auction procedures that ultimately hinder the fulfillment of victim rights. This study uses a normative legal method to analyze the relationship between legal principles and norms, and to compile prescriptive legal arguments. The data used include the Child Protection Law, the Sexual Violence Crime Law, as well as interviews with legal practitioners, service providers, and victims of sexual violence. The regulation of the victim assistance fund mechanism needs to be regulated in more detail in a Government Regulation (PP), which includes funding sources, allocations, and utilization of funds for compensation for underpayment of restitution. In addition, non-tax revenues (PNPB) from financial criminal sanctions can also support victim assistance funds.]]>
<![CDATA[Tanggung Jawab Notaris Terhadap Pemalsuan Akta Otentik Putusan Nomor : 933 K/Pid/2023 ]]>
<![CDATA[Sofyan, Ferdi]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[A notary is fundamentally a position that is legally binding, and the Notary Law (UUJN) regulates the oath of office that must be taken by a notary when performing their duties. The purpose of this thesis is to discuss the obligations of a notary, the research method used by the author, which is normative juridical, as well as to apply the theories of legal certainty and legal responsibility to address the issues in this research. The result of this research is that a notarial deed created can be annulled by the court based on Article 1266 of the Civil Code (KUHPer), as well as based on the court ruling Number 933 K/Pid/2023, which states that the judge sentenced the defendant to five years in prison. Therefore, in accordance with Article 13 of the UUJN, if a notary is sentenced to five years in prison, the notary may be dismissed dishonorably based on the proposal of the central notary supervisory council in the region where the defendant works as a notary.]]>
<![CDATA[Strategi Good Environment Pemerintah Kota Surabaya Pada Program Pembangkit Listrik Berbasis Sampah di TPA Benowo Kota Surabaya ]]>
<![CDATA[Trigopala, Komang Yuda]]>;
<![CDATA[Lail, Ramadhani Nurullah Addaru]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.14739277
<![CDATA[The waste management issue in Indonesia has become an urgent concern in recent years. With rapid population growth and urbanization, the volume of waste generated in the country continues to rise. Unfortunately, the waste management infrastructure remains insufficient, and public awareness regarding the importance of waste reduction, segregation, and recycling needs improvement. One of the main challenges in waste management in Surabaya is the limited infrastructure at the Benowo landfill. The lack of adequate final disposal sites (TPA) hinders the effective management of waste. This study aims to evaluate the strategies employed by the Surabaya city government in developing waste-to-energy power plants at the Benowo landfill. The research uses a qualitative descriptive approach and was conducted at the Benowo landfill and PT. Sumber Organik, the only landfill in Surabaya with a Waste-to-Energy Power Plant (PLTSa). Additionally, data was gathered through interviews, observations, and documentation at the Surabaya Environmental Agency. The results of the study indicate that the integration of the Benowo landfill and PT. Sumber Organik in the development of a waste-to-energy plant can provide significant economic, social, and environmental benefits.]]>
