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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 143 Documents
Search results for , issue "Vol 3, No 3 (2025): September" : 143 Documents clear
Investasi Emas di Pegadaian Syariah Berdasarkan Persepektif Hukum Ekonomi Syariah Aini, Ailia Nur; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15592393

Abstract

Gold investment is one form of investment that is in demand society because of the stability of its value and its nature as a protected asset mark. From the perspective of sharia economic law, investing in gold is a must fulfill Islamic principles, such as avoiding usury, gharar, and maysir. Sharia Pegadaian offers gold investment services in accordance with sharia through Murabahah and Ijarah schemes Muntahiyah Bittamlik, which provides certainty of ownership without elements of exploitation. This study aims to analyze gold investment mechanism at Sharia Pegadaian and its suitability with sharia economic law. With qualitative descriptive methods,This research reveals that gold investment in Pegadaian Sharia has a more inclusive, transparent and safe system compared to conventional investments. However, challenges such as fluctuations in gold prices remain a necessary factor noticed by investors. Therefore, understanding that in depth regarding sharia economic principles and investment strategies. The right approach is the key to success in sharia gold investment.
Tinjauan Yuridis Pemanfaatan Media Sosial sebagai sarana Promosi Online oleh Notaris sebagai Pelanggaran Kode Etik Ramadhandiko, Difqa Alvi; Lewoleba, Kayus Kayowuan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15639227

Abstract

The phenomenon of the rapid development of social media has an impact on the notary profession as a public official. Notaries often use digital platforms such as Instagram to include their names and positions, which is categorized as covert promotion. In fact, based on the Notary Position Law and the Notary Code of Ethics, acts of self-promotion are prohibited because they can degrade the dignity of the profession. This research uses normative juridical method and case approach to examine the prohibition of promotion and the sanctions that can be imposed. The results show that supervision of ethical violations in the digital space has not been optimal, and existing sanctions have not provided a deterrent effect. Therefore, it is necessary to strengthen the supervision system and enforcement of sanctions to maintain the integrity of notaries. This research is expected to contribute to the renewal of notary professional ethics in the digital era.
Urgensi Perlindungan Kesehatan dan Keselamatan Pekerja Tambang Uranium dari Paparan Zat Radioaktif di Indonesia Nugraha, Ryan Fitra; B, Budiarsih
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15582142

Abstract

This study examines the legal protection of health and safety for uranium mine workers in Indonesia against radioactive exposure using a normative legal approach. The research is motivated by the potential long-term health risks posed by radiation in uranium mining, while national regulations are deemed incomplete and misaligned with international standards such as those set by the International Atomic Energy Agency (IAEA) and the International Labour Organization (ILO). The methodology involves analyzing national legal documents (Labor Law, BAPETEN Regulations) and international instruments (IAEA Conventions, ILO standards) to identify regulatory gaps. Findings reveal fragmentation in Indonesia’s legal framework, the absence of radiological protection specifications in labor laws, and weaknesses in implementing the ALARA (As Low As Reasonably Achievable) principle and radiation exposure limits. Additionally, the study highlights the lack of compensation mechanisms, legal safeguards for workers, and strict liability for companies. Recommendations include harmonizing national regulations with IAEA standards, drafting specialized regulations for uranium mining, establishing a dedicated inspectorate, enhancing human resource capacity through training, and allocating a minimum of 15% of operational budgets for radiation protection systems. The implications underscore the need to integrate technical, legal, and human rights aspects to ensure safe working environments and the sustainability of Indonesia’s nuclear industry. Lessons from countries like Canada and Australia demonstrate that investing in worker safety reduces health risks while boosting productivity and industrial sustainability. Holistically, protecting uranium miners transcends legal obligations, reflecting the state’s constitutional duty to guarantee citizens’ rights to safe workplaces. With the potential growth of the nuclear sector, Indonesia must urgently develop a comprehensive, evidence-based protection system rooted in social justice before commercial uranium mining operations commence.
Polemik Pengelolaan Tanah dan Kepastian Regulasi di IKN: Sengketa Lahan, Potensi Korupsi, dan Menilik Kembali Investasi Zaini, Noer Gita Safira; Shalsabilla, Dhillika; Salamah, Ajeng Prameswari; Nisa, Rifa Fadhilahtun
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15620258

Abstract

This study focuses on the legal and governance aspects related to land management in the development of the Indonesian Capital City (IKN). This study includes an analysis of nationally applicable regulations, including Law Number 3 of 2022 concerning IKN, Presidential Regulation Number 65 of 2022 concerning Land Acquisition, and other relevant regulations. The type of research used in this study is normative legal research, which focuses the analysis on applicable legal norms by analyzing legal principles, laws and regulations, and court decisions to answer the legal problems studied. This study positions law as an autonomous and structured system of norms, which is not only the basis for regulation but also a means to resolve conflicts in society.
Implementation of The Principles of International Contract Law In Relation To The Agreement on Biodiversity Beyond National Jurisdiction (BBNJ) Sirait, Hilda Angelina
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

An international agreement is an international agreement that uses international law and is signed in writing. According to the 1969 Vienna Convention, an international agreement is an agreement between countries in writing and governed by international law, whether in the form of one or more documents, and whatever its name. This study will further discuss the principles of international treaty law in accordance with the 1969 Vienna Convention and additions from experts. This study uses a normative legal research method by linking the provisions of the 1969 Vienna Convention to a treaty, drawing sources from the 1969 Vienna Convention, books, articles, and websites. It is hoped that this article will help readers understand the principles of international treaty law and examples of their application in the biodiversity beyond national jurisdiction (BBNJ) treaty. 
Analisis Putusan Mahkamah Konstitusi Nomor 2/PUU-XX/2022 Tentang Syarat Tidak Pernah Melakukan Perbuatan Tercela Untuk Pencalonan Kepala Daerah Sebagai Putusan Landmark Ramadhan, Niko Rafael; Amelia, Shelomita Putri; Aliyah, Elirica; Bauw, Irwan; Putri, Khairunnisa Wiladi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Constitutional Court Decision Number 2/PUU-XX/2022 states that the requirement of “never having committed a disgraceful act” for regional head candidacy is contrary to the 1945 Constitution of the Republic of Indonesia (UUD 1945). This research uses a normative juridical method with a statutory approach, and a case approach. The data source in this research is secondary data, including primary legal sources and secondary legal sources. The technique of collecting legal materials is done through literature study. The Constitutional Court's main consideration is that the requirement contradicts the 1945 Constitution, especially the principle of legal equality (Article 27 Paragraph 1), the right to be elected (Articles 28D Paragraph 3 and 28I Paragraph 2), and ignores the rehabilitation mechanism of former prisoners. This multi-interpretive requirement is considered discriminatory because it limits political rights based on the past without considering changes in behavior and the legal process that has been undertaken. As a landmark decision, the Constitutional Court introduced a conditionally unconstitutional approach: ex-convicts are allowed to run for office as long as they have completed their sentence, admit their past honestly to the public, and show remorse. This decision not only invalidates the vague norms in the Pilkada Law, but also forces KPU/Bawaslu to revise administrative practices, guarantees equal political rights without discrimination, and triggers academic discourse on the protection of constitutional rights. Constitutional Court Decision No. 2 / PUU-XX / 2022 confirms that the political rights of ex-convicts are restorative after rehabilitation, restrictions on constitutional rights are only valid through court decisions, without subjective moral discrimination
Analisis Pertimbangan Hakim Dalam Memutus Kekuatan Pembuktian Akta Notaris Dalam Sengketa Wanprestasi Perjanjian Hutang Piutang Delzanty, Kayla; Talitha, Raisyha; Rosdiana, Hani; Ramadhani, Sherlyta
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15567605

Abstract

This article analyzes the role and evidentiary strength of notarial deeds in default (wanprestasi) cases related to loan agreements, based on the Decision of the Jember District Court Number 58/Pdt.G.S/2023/PN Jmr. As an authentic deed under Article 1868 of the Indonesian Civil Code, a notarial deed has perfect evidentiary power unless proven otherwise. In this case, the panel of judges relied on a notarized loan agreement and debt acknowledgment letter as the primary basis for concluding that the defendant had committed default. The defendant's absence and lack of counter-evidence further strengthened the position of the notarial deed as valid and sufficient sole proof. This study affirms that although the strength of a notarial deed is not absolute, it significantly influences the direction and outcome of civil court decisions. The analysis also highlights the importance of notarial professionalism and the need for contracting parties to understand the legal implications of their agreements.
Analisis Perlindungan Hukum Terhadap Korban Kekerasan Oleh Oknum Militer Di Wilayah Sipil Berdasarkan Kasus Penembakan Oleh Anggota TNI di Papua Zahra, Devyta Ardiyaning Azz; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The conflict involving the Rohingya ethnic group in Myanmar is a longstanding and complex issue, rooted in discrimination against their citizenship status and prolonged interethnic tensions. The enforcement of Myanmar’s 1982 Citizenship Law has led to the Rohingya losing official recognition as citizens, along with their fundamental rights. The Myanmar government regards them as illegal immigrants from Bangladesh, despite historical evidence indicating that the Rohingya have resided in the Arakan (now Rakhine) region long before the country's independence. This discrimination has been further exacerbated by the Burmanization policy implemented by the military regime, which restricts the Rohingya's rights in various aspects of life, such as education, employment, freedom of movement, land ownership, and family planning. The escalation of conflict in 2012 triggered a mass exodus to several countries, including Indonesia. Although Indonesia is not a party to the 1951 Refugee Convention, the country has shown humanitarian concern by providing temporary shelter for Rohingya refugees. Nevertheless, this reception has not always proceeded smoothly due to resistance from local communities, particularly in Aceh, influenced by past experiences and the spread of misinformation. This issue underscores the importance of international cooperation and a deeper understanding of refugee protection principles in order to uphold humanitarian values and maintain regional stability.
Implikasi Putusan MK No. 65/Puu-Xxi/2023 Terhadap Prinsip Keadilan Pemilu di Indonesia A, Amelia; Faisal, Adhiya; Rachma, Ayzza; Okhtiara, Farizka
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The reason for this investigation is the decision of the Constitutional Court No. 65/PUU-XXI/2023, which allows general election campaigns in educational institutions as long as they do not use electoral attributes. However, in Law No. 7 of 2023, Article 280(1)(h) emphasizes that general election campaigns in state institutions or educational institutions are not justified. The background of the research relates to the legal considerations contained in Decision No. 65/PUU-XXI/2023 of the Constitutional Court to ensure the principle of electoral justice in Indonesia, as well as the impact of Decision No. 65/PUU-XXI/2023 of the Constitutional Court on the organization of elections in Indonesia based on the principle of electoral justice. The aim of this study is to determine the legal analysis of Constitutional Court Decision No. 65/PUU-XXI/2023 and to examine the impact of Constitutional Court Decision No. 65/PUU-XXI/2023 on the organization of elections in Indonesia based on the principles of electoral justice. This research uses normative legal methods and the method of data collection is in the form of library research. The sources of this research include books, laws and regulations related to this research. The outcome of this research is that the results indicate that the decision has the possibility of eliminating the difference between the world of education and direct political activity. This may undermine the neutrality of ASN and create inequality in access to the polls. There are also concerns that the presence of campaigning in educational institutions will compromise the independence of educational institutions and disrupt the teaching and learning process. Therefore, strict derivative rules are needed to regulate the implementation of this decision and uphold the principle of fairness in elections.
Strategi Pengawasan OJK terhadap Layanan Perbankan Digital dalam Menjamin Kepatuhan Hukum dan Perlindungan Konsumen Syafri, Muhammad Irvan; Abdurrahman, Harits; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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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. 

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