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[Pelanggaran Kode Etik Profesi Aparat Kepolisian yang Melakukan Kekerasan Terhadap Pengunjuk ]]>
<![CDATA[Susanto, Yokki]]>;
<![CDATA[Yusuf, Hudi]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.15497885
<![CDATA[ In the 1945 Constitution of the Republic of Indonesia Article 28 states that "freedom of association and assembly, expressing thoughts verbally and in writing and as stipulated in the law, which is ratified by the birth of Law No. 9 of 1998 concerning Freedom of Public Opinion in advance. The State Police as a tool given the task and responsibility to secure the implementation of demonstrations, which is also regulated in Law Number 2 of 2002 concerning the Indonesian National Police. However, the existence of this regulation does not always make the implementation of demonstrations run safely, we can actually see and hear that demonstration activities often end in clashes between demonstrators. Police officers who are proven to have committed acts of violence against protesters will be given disciplinary sanctions, a code of ethics and even be prosecuted in the General Court for taking actions that are not in accordance with procedures and the law. However, there are several factors that have not yet been implemented for the implementation of the law and criminal sanctions against police officers who commit violence against protesters, including the mental factors of law enforcers, the legal factors themselves and factors of the community who do not want to report. Therefore, the police are expected to take steps to impose criminal sanctions on police officers who commit acts of violence against protesters, including maximizing their mentality in law enforcement, understanding the law and having the initiative in enforcing the law.]]>
<![CDATA[Kudeta di Myanmar: Kronologi Peristiwa, Dampak Sosial-Politik, Reaksi Internasional, dan Pendekatan Hukum Internasional ]]>
<![CDATA[Triadi, Irwan]]>;
<![CDATA[Lubis, William Haposan]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[Myanmar is one of the countries that is part of Southeast Asia, whose government has been led by the Military since 1962. The Military, which has long held high power in Myanmar, certainly will not let go of its power just like that, they do everything they can to continue to hold the highest power. If the highest power has been seized from the Myanmar Military, they can do everything they can to prevent it from happening, including by overthrowing the power that has been taken over. This study uses normative and qualitative legal research methods. This study uses a normative legal research method (normative juridical), namely research that focuses on the study of applicable legal norms, both those written in laws and regulations and those that live and develop in legal practice. The method used is qualitative, supported by reference sources from journals related to international law and also news sources about the Myanmar Coup case. The military coup that took place in Myanmar on February 1, 2021 was not just a regime change, but a turning point that destroyed the foundations of democracy and triggered widespread suffering for its people. By arresting Aung San Suu Kyi, Win Myint, and other elected figures, the junta buried the legitimate election process and upheld power as a tool of power. As a result, hundreds to thousands of citizens died in protests, tens of thousands were detained without trial, and millions fell into poverty when the national economy collapsed and food supplies were disrupted. The results of the study show that international legal intervention can be carried out on humanitarian grounds.]]>
<![CDATA[Peran Regulasi Otoritas Jasa Keuangan Dalam Mencegah Praktik Perbankan Abusive Lending Salsabila Nisa Aprilia, Baidhowi, Yustina Dhian Novita ]]>
<![CDATA[Aprilia, Salsabila Nisa]]>;
<![CDATA[B, Baidhowi]]>;
<![CDATA[Novita, Yustina Dhian]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.15548191
<![CDATA[Growth of the financial services sector The rapid growth of the financial services sector in Indonesia is also accompanied by the emergence of new challenges in banking practices, one of which is abusive lending. In banking practices, one of which is abusive lending. The practice this practice reflects a form of irregularities in the provision of credit that is carried outexploitative, non-transparent, and detrimental to customers. The Financial Services Authority (OJK). Financial Services Authority (OJK) as an independent institution tasked with regulating and supervising the financial services sector plays a strategic role in preventing and dealing with abusive lending the financial services sector plays a strategic role in preventing and addressing such practices this practice. This study aims to examine the role of regulations issued by OJK in preventing regulations issued by OJK in preventing abusive lending as well as evaluating the effectiveness of its implementation in practice. The method used is the normative juridical approach with descriptive-qualitative analysis techniques based on the review of laws and regulations, OJK policies, and relevant scientific literature relevant scientific literature. The results showed that OJK has issued a number of important regulations, such as POJK No. 1/POJK.07/2013, POJK No. 6/POJK.03/2015, and POJK No. 18/POJK.03/2015. POJK No. 18/POJK.03/2016, which regulates the principles of transparency, consumer protection, and risk management in lending protection, and risk management in lending. Nonetheless, implementation of these regulations still faces serious challenges, such as weak supervision of market behavior, low public financial literacy, and limited capacity for technology-based supervision.]]>
<![CDATA[Implementasi Prinsip Syariah Dalam Operasional Bank Umum Syariah dan BPR Syariah: Suatu Studi Komparatif Hukum Perbankan ]]>
<![CDATA[Imon, Syarah Adilla]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.15716176
<![CDATA[This research discusses in depth the application of sharia principles in the operational activities of two types of Islamic banking institutions in Indonesia, namely Islamic Commercial Banks (BUS) and Islamic Rural Banks (BPRS). The main focus of this study is to compare the extent to which the two types of banks implement sharia principles in every banking activity, including the use of types of contracts that are in accordance with Islamic sharia provisions. The basic principles of Islamic banking require that all transactions be free from elements of usury (interest), gharar (uncertainty), and maysir (speculation), and are based on legal contracts according to Islamic law such as murabahah (sale and purchase), mudharabah (profit sharing), musyarakah (partnership), ijarah (rent), and so on. BUS has a wider operational scope because it can raise funds and distribute them both on a large scale and across sectors, while BPRS is only allowed to serve micro and small businesses and is prohibited from activities such as forex and current account services. This difference has direct implications for the variety of contracts that can be used and the implementation mechanism in the field. This research is expected to provide academic and practical contributions in the development of the Islamic banking legal system in Indonesia, as well as an evaluation material for regulators in harmonising sharia operational standards in all types of Islamic banking institutions]]>
<![CDATA[Analisis Yuridis Pemutusan Sepihak dalam Kasus Perjanjian Kerja Sama Pengelolaan dan Pemanfaatan Limbah B3 oleh PT Chuhatsu Indonesia terhadap PT Tenang Jaya Sejahtera ]]>
<![CDATA[Zulfariza, Alya Annisa]]>;
<![CDATA[Pakpahan, Firly Natasha]]>;
<![CDATA[Rahman, Naziva Azahra]]>;
<![CDATA[Putri, Audrey Rasya Novianto]]>;
<![CDATA[Tarina, Dwi Desi Yayi]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.15493173
<![CDATA[Unilateral termination of agreements is often encountered, where one party unilaterally terminates an agreement that was initially made based on mutual consent. This situation is similar to the case involving PT. Chuhatsu Indonesia and PT. Sejahtera. In addressing this case, the Supreme Court (MA) opined that if one party that has entered into an agreement with another party unilaterally terminates the agreement, the terminating party is deemed to have committed an unlawful act (PMH). The Supreme Court's (MA) opinion is stated in Decision Number 1051 K/Pdt/2014 (PT. Chuhatsu Indonesia vs. PT. Tenang Jaya Sejahtera), dated November 12, 2014. According to the Supreme Court (MA), unilateral termination of an agreement violates Article 1338 of the Indonesian Civil Code (KUHPerdata) and the legal stance it has explained, where the Supreme Court views unilateral termination of an agreement as an unlawful act, which has become a permanent jurisprudence in the Supreme Court. This is because the Supreme Court has consistently applied this legal stance in all rulings involving similar issues since 2014. To further identify this matter, using a juridical method with a legislative approach, the author focuses on analyzing the legal implications of the termination of the agreement by PT. Chuhatsu Indonesia against PT. Tenang Jaya Sejahtera on November 12, 2014.]]>
<![CDATA[Analisis Yuridis Kebocoran Data di Layanan Kesehatan Digital: Studi Kasus Aplikasi Telemedicine di Indonesia ]]>
<![CDATA[Nadiroh, Aenun]]>;
<![CDATA[Wiraguna, Sidi Ahyar]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/Telemedicine, Personal Data Protection, Health Law, PDP Law, Patient Data Breach.
<![CDATA[The development of telemedicine services in Indonesia has become an innovative solution in providing remote healthcare access, particularly since the COVID-19 pandemic. However, behind this progress lies a serious legal issue regarding the leakage of patients’ personal data, which remains inadequately addressed. This study aims to analyze the legal aspects of personal data protection in telemedicine services using a normative legal approach, focusing on statutory regulations such as Law No. 27 of 2022 on Personal Data Protection and related health sector policies. The findings indicate that, despite the presence of a formal legal framework, practical implementation remains weak, as evidenced by multiple data breach incidents, including the e-HAC and COVID-19 patient medical record cases. Existing technical regulations fall short in addressing the complexity of digital systems, while awareness among service providers regarding privacy and accountability principles remains insufficient. Therefore, the protection of patient data must be seen as an integral part of digital medical services through effective legal enforcement and the strengthening of ethical and transparent data governance.]]>
<![CDATA[Perlindungan Konsumen Pada Produk Pembiayaan Syariah Berbasis Aplikasi: Konstruksi Hukum Di Era Digital ]]>
<![CDATA[Purba S, Yevanya Sagita]]>;
<![CDATA[B, Baidhowi]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[Digital transformation in the Islamic financial sector through the use of technology-based financing applications presents new dynamics in the legal relationship between business actors and consumers. This study aims to construct a legal protection model for consumers in the use of digital Islamic financing products, with a normative legal approach based on national laws and regulations, fatwas of the National Sharia Council–Indonesian Ulema Council (DSN–MUI), and the principles of Islamic economic law. The findings show that existing regulations are still partial and have not fully accommodated the complexity of application-based transactions, especially in terms of transparency of contracts, protection of personal data, and dispute resolution mechanisms. Therefore, integration between positive legal norms and the values of maqāṣid al-sharī‘ah is needed in order to realize a consumer protection system that is fair, proportional, and in accordance with the characteristics of Islamic finance in the digital era. Regulatory harmonization and strengthening of supervisory authorities are the main pillars in realizing legal certainty]]>
<![CDATA[Peran Hukum Internasional Dalam Resolusi Konflik Dan Perdamaian Dunia ]]>
<![CDATA[Mawene, Marcha Jeanne]]>;
<![CDATA[Triadi, Irwan]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[This study examines the role of international law in conflict resolution and the establishment of global peace, highlighting the effectiveness of legal mechanisms and the challenges of their implementation in prolonged conflict areas. Using a normative juridical approach, the research analyzes international legal instruments such as the UN Charter, the Geneva Conventions, and the Rome Statute, while also exploring their application in contemporary cases like the Russia–Ukraine conflict and the Israel–Palestine crisis. The findings indicate that international law holds a strategic position in providing a normative foundation for peaceful dispute settlement and accountability for human rights violations. However, its effectiveness is often hindered by the political interests of major powers, weak enforcement mechanisms, and the involvement of non-state actors in armed conflicts. Therefore, a strong global commitment, institutional reform, and enhanced legal frameworks are required to optimize the role of international law in achieving sustainable peace.]]>
<![CDATA[Implementasi Hukum Pencemaran Nama Baik di Indonesia dan Amerika Serikat: Sebuah Studi Komparatif ]]>
<![CDATA[Kamila, Fildza Nazhifah]]>;
<![CDATA[Hakim, Muhammad Firman]]>;
<![CDATA[Andika, Nur Dwi]]>;
<![CDATA[Suyudi, Saskia Mediana Putri]]>;
<![CDATA[Tarina, Dwi Desi Yayi]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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DOI: 10.5281/zenodo.15480721
<![CDATA[This comparative legal study examines the civil defamation frameworks of Indonesia and the United States by analyzing two prominent defamation cases: Amber Heard v. Johnny Depp in the United States and Pemuda Panca Marga v. Tempo in Indonesia. These cases highlight the contrasting legal principles and cultural approaches to protecting reputation and freedom of expression within different legal systems. The United States, under its common law system and First Amendment protections, places a high burden of proof on public figures, requiring evidence of actual malice to succeed in a defamation claim. In Depp v. Heard, the court sided with Depp, reflecting a nuanced application of defamation law even amidst high public scrutiny and media influence. Conversely, Indonesia adheres to a civil law system, where defamation is addressed as an unlawful act under Article 1365 of the Indonesian Civil Code. In Pemuda Panca Marga v. Tempo, the organization sued a media outlet for reputational damage, and the case illustrates how Indonesian courts may interpret harm to collective reputation and public image under civil law provisions. This study reveals that while the U.S. legal system emphasizes the protection of public discourse and freedom of the press, the Indonesian approach tends to prioritize reputational protection, particularly when institutions or organizations are involved. The findings suggest the need for a balanced legal framework in Indonesia—one that safeguards reputation without compromising the principles of free expression in a democratic society.]]>
<![CDATA[Analisis Kriminologis terhadap Kasus Pembunuhan dan Mutilasi di Ngawi: Studi Motif dan Pola Kejahatan ]]>
<![CDATA[Lestiani, Lia]]>;
<![CDATA[Yusuf, Hudi]]>
<![CDATA[ Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June ]]>
Publisher : <![CDATA[Penerbit Yayasan Daarul Huda Kruengmane ]]>
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<![CDATA[The murder case accompanied by mutilation in Ngawi is a form of extreme crime that has shaken society. This study aims to analyze the motives and patterns of the perpetrators' crimes through a criminology approach. The study was conducted qualitatively by collecting secondary data from media reports and official documents. The findings show that the perpetrators' actions were influenced by deep emotional and personal motives, and were carried out with planning and efforts to eliminate traces. This study uses the Rational Choice, Social Learning, and Strain Theory theories to explain the perpetrators' behavior. The results show that the perpetrators were not only driven by emotions, but also considered risks and ways to avoid detection. This study is expected to contribute to the understanding and prevention of similar crimes.]]>
