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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
Perlindungan Hukum Bagi Investor Pada Perusahaan Dalam Kasus PT. Apa Tobacco Nusantara Menurut Hukum Kepailitan (Legal Protection For Investors In The Company In The Case Of Pt. Apa Tobacco Nusantara According To Bankruptcy Law) Aulia, Fara; Nurkhaerani, Ema
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This research discusses legal protection for investors in the bankruptcy case of PT Apa Tobacco Nusantara based on the perspective of bankruptcy law in Indonesia. Legal protection for investors is divided into two main forms, namely preventive and repressive, which aim to provide a sense of security, certainty, justice, and restoration of investor rights when a violation or dispute occurs. This study uses a descriptive analysis method with a qualitative approach, aiming to describe in depth the characteristics of the bankruptcy phenomenon and the legal protection applied. The results showed that in the bankruptcy process of PT Apa Tobacco Nusantara, all creditors' rights, including investors who have receivables, are strictly regulated under the Bankruptcy Law and the Postponement of Debt Payment Obligations (UUKPKPU). Bondholder investors have protection as creditors and get payment rights in order of priority, while shareholder investors are in the last position in the distribution of remaining assets after all obligations to other creditors are paid. The Financial Services Authority (OJK) plays an important role in the supervision and protection of investors in the capital market, although the risk of loss remains inherent due to the limitations of the bankruptcy mechanism. This research confirms that the bankruptcy process is complex and requires transparency, judge supervision, and information disclosure so that all investor rights can be optimally protected in accordance with applicable legal provisions.
Peran Wawancara Narasumber Kompeten Pada Acara Talkshow Dalam Menciptakan Kesadaran Masyarakat Indonesia Sebagai Warga Negara yang Baik Maula, Putri Ni’matul; Ginting, Gladies Agina; Syafi’i, Azhari Dwi; Friyadhi, Naufal Farros; Maniari, Elsa; Yohana, Maria; Hasnakusumah, Raisha Tiara; Marsanthy, Talitha Aqiella; Mahardika, Agus; Verrell Y.S, Jevon; Asri, Muh Rozi; S, Subakdi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The role of interviews in talk shows as a medium for shaping public awareness of civic values is an effective way to convey values from various aspects and experiences of the interviewees with the talk show host through casual conversation, but still within the scope of the discussion. The study employed a qualitative method with a content analysis approach on various talk show episodes covering social, legal, educational, and cultural themes. Data collection was conducted using the observation-recording method from a total of 33 talk show episodes across 11 national television programs and digital platforms. The research results indicate that talk shows have strong educational potential in conveying moral messages, national values, and encouraging active community participation in national and state life. The civic values that emerge in the programs include: integrity, justice, equality, inclusivity, environmental awareness, legal compliance, and social participation. The inclusive representation of sources reflects the diversity and involvement of various elements of society in building civic values. The findings and recommendations discussed in this article emphasize the importance of monitoring and developing the quality of talk show content as an effective non-formal civic education tool.
Putusan Mahkamah Konstitusi Terkait Batas Usia Minimal Calon Presiden dan Calon Wakil Presiden Dalam Putusan MK Nomor 90/Puu-Xxi/2023 Perspektif Etika Profesi dan Tanggung Jawab Hukum Muyassar, Alifia Nada; Putri, Khairunnisa Wiladi; Alya, Farah; Maniari, Elsa; Pramudya, Aissyah Lintang; M, Mulyadi
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.15567839

Abstract

The Constitutional Court (MK) has a crucial role in upholding the supremacy of law and the constitution in Indonesia. However, the independence and integrity of MK judges are in the spotlight in MK Decision Number 90/PUU-XXI/2023 which changes the provisions on the age limit for presidential and vice presidential candidates. This decision has sparked controversy due to allegations of violations of the code of ethics by one of the MK judges who has a conflict of interest with the party benefiting from the decision. This study aims to analyze the effect of violations of the code of ethics by MK judges on the legitimacy and acceptance of MK decisions. The research method used is juridical-normative with a statutory regulatory approach and analysis of decisions and their impacts. The results of the study show that violations of the code of ethics can damage public trust in the MK and give rise to debate about the validity of the resulting decisions. In addition, non-compliance with the code of ethics has the potential to weaken the independence of the judiciary and create a bad precedent for the enforcement of constitutional law in the future. Therefore, a stricter oversight mechanism is needed for MK judges as well as strict enforcement of sanctions to ensure that the resulting decisions remain objective and based on the principle of justice.
Implementasi Constitutional Complaint Sebagai Perluasan Kewenangan Mahkamah Konstitusi Dalam Penyelesaian Pelanggaran Kode Etik Profesi Hakim Putri, Maria Sylvia; Ardiana, Oktavia Dwi; Azzahra, Dinda; Harsanti, Khairunnisa Putri; Humaira, Hana
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This article discusses the implementation of constitutional complaint as an expansion of the authority of the Constitutional Court (MK) in resolving violations of the professional code of ethics of judges in Indonesia. This research is motivated by the crucial role of judges as law enforcers and guardians of justice, where violations of the code of ethics by judges can undermine public confidence in the justice system. Although the Judicial Commission (KY) has a role in supervising and recommending sanctions against judges, its authority is limited to administrative sanctions and has not been able to address the constitutional rights of aggrieved citizens. This legal vacuum, coupled with the low follow-up of KY sanction recommendations by the Supreme Court, suggests the urgency of a new mechanism. Based on Robert Alexy's theory of constitutional rights, the absence of a constitutional complaint hinders the protection of citizens' constitutional rights, especially when violations are committed by judges. The concept of constitutional complaint, applied in countries with civil law legal systems and similar constitutional jurisdictions such as Austria and South Korea, offers a solution as a last resort to protect constitutional rights from unconstitutional state actions or court decisions. Therefore, this study recommends the expansion of the Constitutional Court's authority through the revision of Law Number 24 of 2003 concerning the Constitutional Court to include a constitutional complaint, as a concrete step in protecting the constitutional rights of citizens and strengthening the role of the Constitutional Court as the guardian of the constitution.
Analisis Yuridis Keabsahan Peralihan Hak Atas Surat Berharga (Studi Kasus Putusan Nomor 5/PDT.G/2018/PN SLT) Gibran, Rizal Ananda; Avatar, Muhammad Raja; Hayatuddin, Raihan Ramadhan; Hendarwin, Rasendriya
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This research examines the validity of rights transfer over negotiable instruments based on the District Court Decision Number 5/Pdt.G/2018/PN Slt. The issue arose when a land certificate registered under the heir was transferred to another heir without mutual consent. The study aims to explain legal provisions regarding the transfer of negotiable rights and analyze judicial considerations in resolving the dispute. The research used a normative juridical method by reviewing legal documents. The findings revealed that the transfer was legally defective due to the absence of approval from all rightful heirs. The court ordered the reversion of ownership and declared the previous transfer legally invalid. The conclusion highlights that the validity of rights transfer must follow legal procedures and fairness principles
Wacana Pemakzulan Gibran Rakabuming Raka: Mekanisme, Proses, dan Dampaknya Arkan, Muhammad Hanif; Putri, Angelica Anastasia; Ramdhani, Muhammad Syahrul; Salma, Athifa Huurun; Maharani, Nabilah Liztha; Khairunnisa, Nasywa; Dalida, Naumy Syauqina; Sihombing, Suluganwata
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
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Abstract

The impeachment discourse against Gibran Rakabuming Raka as Vice President of Indonesia after the 2024 General Election has sparked national legal and political controversy. This arti le aims to comprehensively examine the impeachment mechanism according to the 1945 Constitution, the political process dynamics involved, and its impact on the stability of Indonesian democracy. The method applied is a systematic literature review of Indonesian-language scholarly journals and national media publications from 2023 to 2025. The findings indicate that although the impeachment procedure is strictly regulated through the House of Representatives, Constitutional Court, and People’s Consultative Assembly, the current discourse is predominantly driven by ethical sentiment and public distrust toward the neutrality of state institutions, particularly the Constitutional Court. The lack of sufficient legal evidence shows that the impeachment narrative is largely symbolic and political in nature, which in turn may provoke public polarization and diminish the quality of constitutional democracy. This review recommends strengthening constitutional literacy, upholding the rule of law, and reforming institutions to prevent the misuse of legal discourse in elite political conflicts
Efektivitas Pengawasan Produk Keuangan Syariah oleh Otoritas Jasa Keuangan Adhnin, Ghariza Ardhia; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
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Islamic finance in Indonesia is growing rapidly and contributing to financial inclusion and economic stability. The Financial Services Authority (OJK) plays a role in supervising Islamic financial products to ensure they comply with Islamic regulations and principles. However, supervision still faces challenges, such as the lack of specific regulations, minimal coordination with DSN-MUI, and low Islamic financial literacy. Improvement of regulations, strengthening coordination between institutions, and product innovation are needed so that the Islamic financial industry is more competitive and has an effective supervision system.
Peran Peradilan Militer Dalam Menegakkan Disiplin dan Hukum di Lingkungan TNI Amalia, Firda; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
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Military courts play a strategic role in maintaining discipline, stability, and legal enforcement within the Indonesian National Armed Forces (TNI). Any violation committed by TNI personnel can seriously impact the institution's reputation, troop morale, and public trust in the rule of law. This study examines how military courts function as a legal instrument in handling disciplinary violations and military crimes, as well as evaluates their effectiveness in upholding justice and preserving military hierarchy. The analysis is conducted using a normative juridical approach by reviewing legal instruments such as Law No. 31 of 1997 on Military Justice and Law No. 25 of 2014 on Military Discipline Law. The findings indicate that although the military justice system has a clear and structured legal mechanism, it still faces challenges in terms of transparency, accountability, and the independence of military judges.
Peran OJK dalam Pengawasan Hukum terhadap Praktik Perbankan di Indonesia Muflikh, Alna Aulin Miftakhul; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
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This study discusses the role of the Financial Services Authority (FIA) in the legal supervision of banking practices in Indonesia. Following the transfer of bank supervision functions from the Bank of Indonesia to the OJK through Law Number 21 of 2011, the OJK became an independent agency holding the primary authority in supervising the activities of the financial services sector, including banking. The study highlights the challenges that the OJK faces in carrying out its functions, such as the acceleration of digital finance innovation that exceeds regulatory readiness, the lack of inter-institutional coordination such as with the Bank of Indonesia and the Deposit Guarantor Institute (LPS), as well as human resource constraints in the areas of technology and digital law. Additionally, the effectiveness of OJK’s applied risk-based supervisory approach is also evaluated, particularly in terms of law violation prevention, consumer protection, and customer loss recovery. While progress has been made in regulatory formation such as the issuance of various OJK Regulations (POJK), the study concludes that OJK legal supervision of banking still requires structural reforms, strengthening of interagency coordination, and enhancement of financial institutional capacity and adaptive responsiveness to enable more complex industrial effects
Menganalisis Kasus Ronald Tannur 2023 Terhadap Hukum dan HAM Zai, Heni Erlita Sari; Dachi, Claudia Sri Rahayu Pertiwi; Samonaha Hia, Julius Aplikasi; Mardliyah, Ainul; Naibaho, Juan Lastio; Benedick P.S, Henry; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
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Our purpose in analyzing this case is aligned with the theme of "Violations of Law and Human Rights in Indonesia." This serves as the foundation for our selection of this case, with the aim that through discussion and awareness of legal and human rights violations, particularly within the scope of femicide in Indonesia, we can contribute to addressing this issue. As university students, we hope that cases of legal and human rights violations, including femicide, will decrease over time following the publication of this journal. The method we use in analyzing the Ronald Tanur case is a literature-based approach

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