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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 143 Documents
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Search results for , issue "Vol 3, No 3 (2025): September" : 143 Documents clear
Penolakan Return Barang oleh Pelaku Usaha E-commerce (Analisis Undang Undang Nomor 8 Tahun 1999) Tentang Perlindungan Konsumen Munawarah, Nizmi; Iqbal, Muhammad; Fithria, Nurul
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.16840552

Abstract

This study identifies instances of breach of contract (wanprestasi), where goods received by consumers do not match the order or arrive in a damaged condition. Furthermore, the consumer complaint process often becomes difficult and does not receive an adequate response from business actors or the platform itself. Based on initial observations of consumer experiences in Banda Aceh, it was found that return rejections often occur even though consumers have fulfilled the required procedures, such as providing an unboxing video. This reflects a gap between existing regulations and their implementation in practice, which ultimately causes harm to consumers. This study applies a normative juridical method, using an analytical approach to various relevant laws and regulations, including Law Number 8 of 1999 concerning Consumer Protection, Government Regulation Number 80 of 2019 concerning Electronic Commerce, and the Indonesian Civil Code. Primary and secondary data, including interviews with consumers who have experienced return rejections, were collected to gain a comprehensive understanding of the legal position of return rejection by e-commerce business actors and the effectiveness of legal protection for consumers. The purpose of this study is to analyze the legal standing of return rejection by e-commerce businesses and to assess the extent to which Law Number 8 of 1999 can provide effective legal protection for consumers in dealing with such practices. This research is expected to contribute to formulating concrete solutions to the issue of return rejection on the Shopee platform and to optimizing the protection of consumer rights in the digital era based on Law Number 8 of 1999.
Perlindungan Konsumen Terhadap Praktek Monopoli Wally, Iwan; Suharyanto, Didik; Tio Rae, Crodios Nyoman
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.16893254

Abstract

Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. This law was formed to encourage the creation of economic efficiency and an equal business climate for all business actors. Legal research is a scientific activity based on certain methods, systematics and thoughts that aim to study one or several specific legal phenomena by analyzing them. The research method used in the thesis research is the normative legal method. In this study, field and library materials are basic research data that are classified as secondary data. Cartel practices in the distribution of cooking oil in Indonesia meet the elements of a cartel as regulated in Article 11 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, namely the element of intending to influence prices, the element of regulating production and/or marketing, the element of goods, the element that can result in monopolistic practices, and the element that can result in unfair business competition. However, of the nine elements of cartel practices that have been fulfilled, it cannot be said that it has been proven to have carried out cartel practices, and there has been a decision in case 15/KPPU-I/2022 by the KPPU regarding cartel practices that have resulted in unfair business competition.
Implikasi Penanganan Orang Dalam Gangguan Jiwa (ODGJ) Dalam Perspektif Hukum, Psikologis & Medis Ramadhani, Prasya Putri; Yusuf, Hudy
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

In addition to bullying, pressures in work, family, education, dating problems and economic problems, can support the occurrence of mental disorders, in addition to that there are other factors that can affect one’s mentality such as hereditary or genetic. In an era that is technologically advanced and based on reeconomy and employment sectors where many human job positions are being replaced by technology or robots, as well as the ease of society in accessing various platforms thus triggering and creating a real social disparity value, this convenience of less or less supportive families is as much a pro in the environment. tracing the development of the times, Many pressures come from close people such as family, social and life environment that makes some people lose their health and affect their mental health, this journal discusses the legal implications if it happens to people in mental disorders (ODGJ), deciding to step into the next stage as well as handling it medically if it is felt to need help, as well as when is the right time to go to a professional personnel such as a psychiatrist in order to get the right handling in order to recover and prevent anything else bad from happening
Analisis Mendalam Perilaku Menyimpang White‑Collar Crime (Studi Kasus melalui Lensa Teori Convenience) Rumahorbo, Liberti; Yusuf, Hudi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

White-collar crime is a form of nonviolent crime committed by individuals or groups with high social status, usually within a corporate or bureaucratic environment. These crimes are often difficult to detect and receive legal handling disproportionate to their harmful impact. This journal analyzes the phenomenon of white-collar crime through the convenience theory approach developed by Petter Gottschalk. This theory explains that white-collar crime arises from a combination between the motive, opportunity, and will of the perpetrator. The study used qualitative methods with literature study to analyze the causal factors and mechanisms of white-collar crime, as well as analyze some relevant case studies. The results of the analysis indicate that these crimes thrive in permissive systems, weak oversight, as well as organizational cultures that prioritize results without regard for integrity. Prevention strategies need to be thoroughly implemented through strengthening internal control systems, ethics education, legal reform, and building a transparent organizational culture. By understanding the roots of the problem through a theoretical lens, it is hoped that the tackling of white-collar crime can be more effective and equitable.
Praktik Pungutan Liar (Pungli) di Lingkungan Masyarakat Goa, Marselinus; Yusuf, Hudi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Rabid wild ridge practice once implemented. Its most easily found form is the one that almost occurs in various public places, where we often find the presence of irresponsible members of the public who demand parking money illegally. The action is obviously troubling because it is against the regulations in that the place actually does not collect parking fees from visitors. With this case regulated in the Act, In Article 1 number 64 of Law no. 28 of 2009 mentions the issue of parking levy which is a payment on services or granting of certain permits specifically provided or granted from the local government as in the interest of an individual or body. So this parking clerk can be subject to the law of extortion and intimidation in articles 368-371 of the Criminal Code is part of CHAPTER XXIII of the Criminal Code which contains goods, which are completely or partially belonging to the person himself belonging to another person or so that the person makes a debt or cancels the debt, is punished for extortion with a life imprisonment for nine years In the regulation of area No. III Daerah Pahun Pajak 20 1 which read “Tax Collection prohibited wholesale”.
Analisis Prinsip Keadilan dan Kepastian Hukum Perkara Warisan (Studi Putusan No.40/Pdt.G/2024/PTA.Mks) Mulyadi, Andi Muh. Rizqi; Darmawangsa, Andi; Mallongi, Maryati
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.16778160

Abstract

This study is a normative legal research using a qualitative approach, which applies statutory, case, and conceptual approaches to analyze the principles of justice and legal certainty in an Islamic inheritance dispute. The research focuses on the appellate decision of the Makassar Religious High Court No. 40/Pdt.G/2024/PTA.Mks. Data were collected through document analysis (court rulings, legal norms, and doctrines) and interviews, and then examined qualitatively and descriptively.The findings reveal that the first-instance decision was merely declarative and did not fulfill the principle of legal certainty, as it lacked an executable operative ruling. In contrast, the appellate decision clarified each heir’s share and explicitly ordered the division of inheritance, thus upholding the principles of lex certa and lex executoria. In terms of justice, the decision of the PTA Makassar serves as a corrective to the unilateral domination of the estate and aligns with the Islamic legal theories of maqāṣid al-sharī‘ah (Al-Ghazali), hikmah and ‘illat (Al-Syatibi), qath‘iyyat al-dalālah (Imam Syafi’i), and divine justice (al-‘adl al-ilāhī, Ibn Taymiyyah). The study also compares the case with the Supreme Court Decision No. 845 K/Pdt/2024 to assess jurisprudential consistency in resolving inheritance disputes in the religious court system. The appellate decision is found to embody substantive justice and enforceable legal certainty effectively and fairly.
Sistem Pembayaran Zakat Via Online Perspektif Hukum Islam (Studi Kasus Badan Amil Zakat Nasional (Baznas) Kota Makassar) Fadilah, Muhaimin Nur; Baedah, Said Syarifuddin Abu; A, Ahmad
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.16784937

Abstract

This study aims to explore in depth how the online zakat payment system is implemented by the National Zakat Agency (BAZNAS) of Makassar City and to analyze the Islamic legal perspective regarding the legality and validity of this system. The study employs a qualitative approach using a descriptive-analytical method. Data were collected through in-depth interviews with BAZNAS Makassar officials, direct observation of the online zakat payment system, and documentation from relevant sources.The findings reveal that the online zakat payment system at BAZNAS Makassar facilitates muzakki (zakat payers) in fulfilling their zakat obligations through digital channels such as the official website, QRIS, and virtual accounts. This system enhances efficiency, transparency, and accountability, although it still faces challenges such as low digital literacy, data security risks, and lack of public outreach. From an Islamic legal perspective, online zakat payments are considered valid as long as they fulfill the pillars and conditions of zakat and are managed by trustworthy amil (zakat administrators). Therefore, this system represents a technological innovation that aligns with contemporary needs without compromising the core principles of Islamic law.
Implikasi Pernikahan Usia Dini Terhadap Keharmonisan Rumah Tangga Studi Pengadilan Agama Maros Kelas 1b Suharman, Agung; Akil, M.; Abu Baedah, Said Syarifuddin
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.16778403

Abstract

This study aims to identify the types of problems that arise in households founded through early marriage and to analyze the factors causing divorce in these marriages from the perspective of the Maros Class 1B Religious Court. This study used a qualitative approach with field research methods using interviews, observation, and documentation. The results indicate that early marriage tends to lead to various household problems, such as emotional instability, economic unpreparedness, a lack of understanding of the rights and obligations of husband and wife, and a high potential for conflict and domestic violence. The main factors causing divorce in early marriages include economic factors, lack of education, cultural pressure, premarital pregnancy, and mental and emotional unpreparedness. This study concludes that early marriage has a significant impact on household harmony and has a high potential to lead to divorce. Therefore, thorough understanding and preparation before marriage are necessary, as well as the active involvement of various parties, including families and legal institutions, in preventing the practice of early marriage.
The Dynamics of State Administrative Law and the Role of Government in Upholding Social Justice: A Case Study of Public Policy Management in the Era of Digital Technology Galluci, Angga
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.16990640

Abstract

The increasing adoption of digital technology in public administration processes has brought about fundamental changes in the implementation and understanding of administrative law. The presence of technology not only influences patterns of government interaction with the public but also presents new challenges in the application of legal principles such as transparency, accountability, and public participation. Previous research has shown that digitalization can increase the efficiency and effectiveness of public services, but on the other hand, it also raises serious problems, including the risk of corruption in public policymaking and the digital divide. This research aims to analyze the dynamics of state administrative law and the role of government in upholding social justice in the digital era. The main focus of the study is on the alignment of administrative law with technological developments, particularly in the management of digital-based public policies. The research method used is normative legal research, using approaches from legislation, doctrine, and related legal literature. The results show that the government's role in the digital era is not limited to providing public services, but also as a regulator, facilitator, and innovator. Regulations such as Law No. 1 of 2024 concerning Electronic Information and Transactions (ITE), Law No. 25 of 2009 concerning Public Services, and Regulation of the Minister of Administrative and Bureaucratic Reform No. Law No. 11 of 2024 is a crucial foundation for ensuring social justice in the digital realm. However, challenges remain, including personal data protection, potential algorithmic bias, and limited public digital literacy. Therefore, this study concludes that the alignment of state administrative law with digital transformation is a key prerequisite for creating transparent, accountable, participatory, and inclusive governance. Strengthening regulations, increasing the digital literacy of civil servants, and increasing public participation are key strategies for realizing social justice in the digital era.
Efektivitas Pelatihan dan Pembinaan Nazir Dalam Meningkatkan Wakaf Produktif Alkaf, Aisyah; Usman, Rafika; Y, Yunita
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.17103382

Abstract

Productive waqf plays a strategic role in supporting the sustainable social and economic development of the Muslim community. However, the effectiveness of waqf management still faces challenges, particularly related to the quality and capacity of nazhir as the asset managers. This study aims to assess the impact of training and guidance on nazhir in improving productive waqf management. The method used is a literature review from various scientific sources discussing nazhir training and guidance. The findings indicate that enhancing nazhir capacity through structured training and intensive coaching improves professionalism, transparency, and accountability in waqf management. The Indonesian Waqf Board (BWI) plays a crucial role in conducting training and certification of nazhir, despite challenges such as limited resources and diverse backgrounds among nazhir requiring adaptive and innovative approaches. Training and guidance for nazhir have proven effective in optimizing productive waqf, contributing to economic empowerment and sustainable social welfare in Indonesia.

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