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Penerbit Yayasan Daarul Huda
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INDONESIA
Media Hukum Indonesia (MHI)
ISSN : -     EISSN : 30326591     DOI : https://doi.org/10.5281/zenodo.10995150
Core Subject : Social,
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.
Articles 115 Documents
Search results for , issue "Vol 3, No 2 (2025): June" : 115 Documents clear
Implikasi Hukum Internasional dan Nasional dalam Kasus Transfer Minyak Ilegal oleh Kapal Tanker MT Horse dan MT Freya di Perairan Indonesia Sirait, Naomi Margaretha Ghokmaria
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

incident involving the tanker vessels MT Horse and MT Freya is a violation of the right to innocent passage in Indonesia. Indonesia itself is the first and only country that has established Archipelagic Sea Lanes within its archipelagic waters, also known as the Indonesian Archipelagic Sea Lanes (ALKI). The establishment of these sea lanes grants Indonesia specific obligations and authority to enforce laws and regulations that correspond with the application of archipelagic sea lanes as stated by UNCLOS 1982 aimed at facilitating the continuity of foreign ship passage while at the same time protecting the security, safety, and sovereignty of the nation within its waters. In this case, both tankers violated the right of innocent passage and the right of transit passage established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS), as well as Indonesian state laws governing navigation, customs, and marine environmental protection. According to the research findings, the illegal transfer of oil from ship to ship while anchored, unauthorized loading and unloading activities, and disabling of the Automatic Identification System (AIS) by both vessels violate not only UNCLOS 1982 provisions but also national regulations such as Law No. 17 of 2008 on Shipping and Law No. 32 of 2009 on Environmental Protection and Management. Indonesian authorities enforced the law by arresting and prosecuting the culprits, resulting in criminal charges and penalties. This study demonstrates the necessity of international and national law cooperation in preserving sovereignty, maritime security, and protecting Indonesia's marine environment.
Kewenangan OJK Dalam Pengawasan Pasar Uang Syariah dan Surat Berharga Syariah: Tinjauan Hukum Ekonomi Syariah di Indonesia Imon, Syarah Adilla
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15484213

Abstract

The Financial Services Authority (OJK) plays a strategic role in regulating and supervising the national financial system, including the growing Islamic financial sector in Indonesia. This study aims to analyze OJK's authority in supervising the Islamic money market and Islamic securities from the perspective of Islamic economic law. Using a normative juridical method, this research examines the legal framework underpinning OJK's role, such as Law Number 21 of 2011 concerning OJK, along with implementing regulations related to Islamic financial instruments. The findings show that OJK holds broad authority in overseeing the Islamic money market and Islamic securities, including licensing, regulation, and enforcement of compliance with sharia principles. However, challenges remain in harmonizing OJK regulations with the fatwas of the National Sharia Council (DSN-MUI), as well as improving financial literacy and supervision in the Islamic fintech sector. This study recommends strengthening inter-agency coordination and aligning positive law with the principles of fiqh muamalah as strategic steps to promote a healthy and sustainable Islamic financial system.
Kriminalitas Bukan Hal Tabu di Lampung Abisyfa, Muhammad Fahrudin; Yusuf, Hudi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

 this article reviews the problem of high crime rates in Lampung Province and how society and other aspects respond to / overcome this. Broadly speaking, things like crime itself are already attached to the island of SUMATRA, especially Lampung, whether it has become a habit or something that is a baton, but this is very bad and must be eliminated. Then what about law enforcement from the police that you must have thought about from the start, it is not strange if this question arises because there are several factors that make the police movement less than optimal to reduce the crime rate itself. Like the many crimes that occur and make the police as those responsible for this unable to carry out their own handling. Then there are several other factors including the lack of public trust in the performance of the police which according to them "already a loss, even more losses". So it is not surprising when the crime rate in Lampung is high if the community is already accustomed to the crime that occurs, like waves under calm water that actually this should be urgent but because it looks from the surface like it is not taboo, this problem will not be resolved.
Implikasi Hukum Peluncuran Satelit oleh Swasta Dalam Kerangka Hukum Internasional Triadi, Irwan; Faidzuddin, Achmad
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

In recent years, satellite launch activities by the private sector have increased significantly, especially by global companies such as SpaceX, OneWeb, and Amazon. This phenomenon marks a shift in the dominance of space exploration from states to private entities. However, this development raises complex legal issues, especially related to the principle of international responsibility as stipulated in the Outer Space Treaty 1967 and the Liability Convention 1972. This study aims to examine the legal implications arising from losses due to satellite launches by the private sector against states and third parties, and to analyze the effectiveness of the launching state's supervision in the context of international and national law. The Normative-Qualitative Approach to Satellite Launch Law is an analytical method used to understand and analyze the legal aspects of satellite launches. Through, this study found that although the launching state still bears absolute and fault-based responsibility for the activities of non-state entities, the oversight and law enforcement mechanisms are still weak and not yet adaptive to the development of the commercial space industry. The absence of strict sanctions, regulatory gaps, and limited international jurisdiction make the principle of international responsibility difficult to apply optimally. Therefore, it is necessary to update the legal framework, increase national capacity, and international cooperation to create fair, responsible, and sustainable space governance.
Analisis Yuridis‑Sosiologis Putusan Nomor 256/Pdt.G/2025/PA.Smn Ramadhan, Gilang; Ambarwati, Mega Dewi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This article critically examines the Decision of the Sleman Religious Court Number 256/Pdt.G/2025/PA.Smn which granted the wife's divorce suit with the order of talaksatu baʾin sughra. The focus of the study includes the legitimacy of the reasons for divorce, the relevance of evidence, the application of civil procedural law (verstek), and its implications for the protection of the rights of Muslim women in Indonesia. The methodology used is normative-sociological legal research with a statutory approach, decisions, and fiqh literature. The results show: (1) the arguments of continuous disputes, non-maintenance, and desertion fulfill Article 19 letter (f) of PP9/1975 in conjunction with Article 116 letter (f) of the KHI; (2) the combination of written evidence and two consistent witnesses strengthens the basis for justifying the lawsuit; (3) the verstek mechanism still guarantees due process as long as the summons is valid; (4) This decision provides a positive precedent for wives affected by unfair power relations in the household. Recommendations are submitted for the Supreme Court to strengthen technical guidelines on proof of desertion and for related ministries to increase gender equality-based family law literacy.
Analisis Kasus Korupsi Bantuan Sosial Pada Pandemi Covid-19 dari Perspektif Etika dan Profesionalisme Hukum Dewi, Ulva Kartika; Malik, Syaiful; Yadita, Devina; Nugraha, Rifansyah; Akbar, Soultan Raffly; Maulana, Muhammad Irfan; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15469288

Abstract

This research analyzes the handling of social assistance corruption cases during the COVID-19 pandemic from the perspective of legal ethics and professionalism. The research method used is normative juridical with a statutory and case approach, referring to Law Number 31 of 1999 concerning the Eradication of Corruption. The results show that social assistance corruption cases involving high-ranking officials, such as Juliari Batubara, reflect the lack of moral integrity, transparency, and accountability in the legal and governance system. The implications of this case include state financial losses, decreased public trust, and socio-economic injustice for affected communities. This research recommends strengthening technology-based monitoring mechanisms, bureaucratic reform, and increasing the role of anti-corruption institutions to restore public trust. In conclusion, strict, independent, and justice-oriented law enforcement is needed to prevent similar practices in the future.
Analisis Tayangan Program Rasis Infotainment Berdasarkan Dimensi Hukum dalam Rangka Pembangunan Negara yang Berkelanjutan Amelia, Dean Putri; A, Amelia; Riyanto, Rajwa Khaicirinu; Azahra, Nawalia; Salampessy, Fauzan; Rizki, Muhammad; Julius, Tambok; Al Rasyed, Muhammad; Adrini, Shaina Subha
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15502071

Abstract

This study aims to analyze three episodes of the Rasis Infotainment program that highlight legal issues, using a Project Based Learning (PjBL) approach and a descriptive qualitative method. The primary focus is to evaluate how well these infotainment broadcasts adhere to journalistic principles and broadcasting ethics in presenting legal content, as well as their contribution to public legal education. Data were collected through direct observation and analyzed using an assessment rubric covering cognitive, affective, conative, sexuality, social norms, and violence dimensions. This limits the potential of infotainment as an effective and ethical medium for legal education. The study recommends improving the quality of legal narratives in infotainment to enhance its strategic role in fostering public legal awareness in the digital era.
Implementasi dan Prespektif Hukum Bagi Pekerja Yang Tidak Melaksanakannya Employee Branding Rohmah, Siti Afidatul; Ambarwati, Mega Dewi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

In today’s increasingly competitive global business landscape, employee branding has emerged as a strategic approach for companies to build and maintain a positive public image through their workforce. In the digital era, particularly with the rise of social media, every action and communication by employees—both online and offline—can influence the company's reputation. This study aims to examine the legal consequences for employees who fail to uphold employee branding in line with corporate standards and expectations, especially within the framework of Indonesian labor law. The research focuses on clarifying the legal boundaries, employee obligations, and protections for individual rights, including freedom of expression. Using a normative-juridical approach, this study seeks to provide a balanced understanding between a company’s interest in safeguarding its reputation and the rights of employees in the employment relationship. The findings are expected to contribute to the development of fair corporate policies aligned with national labor law principles.
Perlindungan Hukum Bagi Korban Dalam Peralihan Hak Atas Tanah Secara Melawan Hukum Al Farabi, Maulana Ahmad; Lyanthi, Merline Eva
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Illegal transfer of land rights is a developing and serious problem in Indonesia's land management system. This problem often involves fraud, document forgery, misuse of authority, and even complicity with corrupt officials, leading in the loss of land rights rightfully owned by citizens. In addition to causing the victims to suffer actual and intangible damages, these transgressions also compromise core legal precepts such as justice, legal certainty, and the defense of fundamental rights protected by the Constitution. The purpose of this study is to thoroughly investigate the types of legal protection that victims can obtain through non-litigation processes like mediation, administrative complaints, and legal aid, as well as through litigation channels including civil lawsuits, criminal reports, and administrative disputes.  By analyzing court decisions, this study uses a legislative, intellectual, and case-based approach to the normative legal method. The study's findings demonstrate that even though the Indonesian legal system has offered a variety of safeguards, victims continue to encounter a number of challenges, including convoluted processes, restricted access to legal aid, and widespread maladministration.  Therefore, to ensure that the preservation of land rights is not only normative but can be actually implemented in tangible terms in social life, it is imperative to promote public legal literacy, reform the land bureaucracy, provide access to legal assistance, and fortify law enforcement authorities.
Analisis Perlindungan Hukum Dalam Perspektif Hukum Ekonomi Syariah Terhadap Konsumen Gadai Emas di Pegadaian Syariah Centeral Makassar Wahyudi, Audra Anandira; H, Hasibuddin; Lawang, Hasanna
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.16206268

Abstract

This study aims to analyze the form and effectiveness of legal protection for consumers in Islamic gold pawn transactions at Pegadaian Syariah Centeral Makassar from the perspective of Islamic Economic Law. Legal protection in Islamic financial transactions is essential to ensure justice, transparency, and the protection of consumer rights in accordance with Sharia principles. This research employs a descriptive qualitative approach using data collection techniques such as in-depth interviews, observation, and documentation. The findings indicate that Pegadaian Syariah Centeral Makassar has implemented the rahn contract in accordance with Sharia, provided transparent information to consumers, and safeguarded consumer rights regarding pledged goods fairly. However, challenges remain, including limited consumer understanding of their rights and suboptimal dispute resolution mechanisms. The study concludes that while Pegadaian Syariah generally complies with Sharia-based consumer protection principles, there is a need to improve public education and strengthen Sharia-based regulations and dispute resolution institutions at the local level. These findings are expected to contribute to the development of consumer legal protection in Indonesia's Islamic finance sector.

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