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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
Pernikahan di Bawah Umur dalam Perspektif Hukum Positif di Indonesia: Tradisi di Tana Toraja Angelina, Sandra Laudya; Efriliani, Firial Tiara; Oktaviani, Risa Dewi; Octaviani, Eky; Tarina, Dwi Desi Yayi
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.15594779

Abstract

This research examines underage marriage in the perspective of positive law in Indonesia in the traditions of Tana Toraja. The purpose of this research is to find out how the existing laws and regulations in Indonesia are related to the marriage of minors and to know and understand what forms of legal protection are given if underage marriage has occurred. The method used in this research is the normative juridical research method, which means that the problems studied are based on laws and regulations, legal literature, and the media. The results showed that there are still high cases of underage marriage in Tana Toraja because it is influenced by local customary law that violates Law Number 1 of 1974 jo Law Number 16 of 2019 concerning Marriage. Therefore, an active role is needed from the government and the community in order to create a balance between cultural preservation and compliance with national law.
Analisis Etika Profesi Hakim Mahkamah Konstitusi terhadap Dampak Pelanggaran Kode Etik dalam Putusan MK Nomor 90/PUU-XXI/2023 Amanda, Niken Dwi; Azzahra, Fidda Nazli; Nurdin, Merry Kurniawati; Dharmawan, Cinta Rizqareka; Rahmadani, Novia; Rachman, Rheyna Reva; Az Zahra, Hilyah; Ardyanti, Widyarini; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The Constitutional Court (Mahkamah Konstitusi) plays a crucial role in safeguarding the constitution and upholding the principles of constitutional democracy in Indonesia. However, its credibility and integrity have been seriously questioned following the issuance of Constitutional Court Decision No. 90/PUU-XXI/2023, which addresses the minimum age requirement for presidential and vice-presidential candidates. This ruling sparked widespread controversy due to its perceived political interests and alleged violations of judicial ethics by several justices, particularly Chief Justice Anwar Usman, who was found by the Constitutional Court’s Honorary Council (MKMK) to have breached impartiality due to a family conflict of interest involving one of the candidates favored by the decision. This study employs a normative legal research method using both statutory and conceptual approaches to critically analyze the role of judicial ethics in maintaining the independence of the Constitutional Court, and to evaluate the legal and sociological implications of ethical violations on the legitimacy and validity of the Court's decision. The analysis shows that while the ruling remains legally valid and binding in accordance with Article 24C of the 1945 Constitution and the Constitutional Court Law (UU MK), which affirms the final and binding nature of Constitutional Court decisions, its moral and social legitimacy is significantly undermined due to unethical practices that contradict the principles of integrity, transparency, and accountability. Ethical violations in the decision-making process not only tarnish the personal reputation of the justices involved but also erode public trust in the institutional independence of the Constitutional Court. In modern constitutional legal systems, procedural legality cannot be separated from constitutional morality. The continued function of the Constitutional Court as the protector of citizens' constitutional rights and the guardian of constitutional supremacy is heavily dependent on the legitimacy derived from public trust. Therefore, reforming the judicial ethics system and strengthening the role of the MK as an independent and effective ethical oversight body is an urgent necessity to ensure that the Constitutional Court remains a dignified and authoritative institution in Indonesia's constitutional democrac
Pelanggaran Etika Terkait Pemalsuan Dokumen oleh Advokat Sihotang, Josua Ferdinand; Sihombing, Albert Hasea Samuel; Simamora, Tesalonika Amazia; Az-Zahra, Fatimah; Wulandari, Hania; Yesica, Shely; Steffanie, Josephine; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The legal profession of advocacy plays a crucial role within Indonesia’s legal system as a guardian of justice and protector of human rights. However, ethical violations, particularly document forgery, pose significant challenges that threaten the integrity of the profession. This study aims to analyze the regulation of the Advocate’s code of ethics concerning document forgery, the applicable sanctions, and the impact on the judicial system and public trust. Using a normative juridical approach, this research examines provisions from the Advocate Law, the Indonesian Advocate Code of Ethics (KEAI), and the Indonesian Criminal Code (KUHP). The findings reveal that advocates involved in document forgery may face criminal, ethical, and administrative sanctions. Such violations not only harm clients but also establish a negative precedent for the rule of law. Therefore, stricter oversight, consistent enforcement of sanctions, and the enhancement of ethical awareness among advocates are essential to maintain the profession’s integrity. Preventing and addressing ethical violations are critical steps in preserving public confidence in Indonesia’s legal system.
Tinjauan Hukum Atas Pemberesan dan Pembagian Harta Pailit Oleh Kurator: Studi Kasus PT. Yama Engineering Berdasarkan Putusan Pengadilan Niaga Jakarta Pusat Narindra, Rochella Amalia
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study examines the mechanism of settlement and distribution of bankrupt assets by the curator, based on the Decision of the Central Jakarta Commercial Court in the bankruptcy case of PT. Yama Engineering. The main focus is a legal analysis of the curator's implementation of duties in managing the bankruptcy estate and distributing liquidation proceeds to creditors in accordance with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The results indicate that although the curator acted in compliance with legal procedures, substantial inequality emerged in the distribution due to the limited value of bankrupt assets and high settlement costs. Secured creditors received prioritized payments, while preferred creditors such as workers and the state only recovered a small portion of their claims. Concurrent creditors received nothing. These findings highlight the need to reform the bankruptcy system to ensure substantive justice for all parties involved.
Etika Profesi dan Pengawasan Hukum Terhadap Penyidik Dalam Proses Penegakan Hukum di Indonesia Syalsabila, Khairunisa; Lewoleba, Kayus Kayowuan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Ethics and morals are important foundations of running a profession, including the policing profession. In the discharge of investigative duties, investigators as law enforcement agents are demanded to abide by the Police Professional Code of Ethics as guidelines in acting in accordance with the law, upholding humane values, and maintaining the dignity of the institution. The study aims to examine the application of the policing profession’s code of ethics in the investigation process as well as the system of supervision and sanctions applied against investigators who violate legal and ethical procedures of investigation. The method used was a qualitative approach with normative legal research based on library studies. The results of the study show that although ethical rules and guidelines have been established, violations by investigators still occur frequently, which impacts on the decrease of public trust in the institution of policing. It therefore requires a robust system of internal and external oversight as well as the firm and transparent application of sanctions to maintain the professionalism and integrity of the police apparatus in the discharge of its duties
Penegakan Etika dan Tanggung Jawab Profesi Advokat Dalam Kasus Dugaan Obstruction of Justice Oleh Roy Renin Aristias, Adinda; Lewoleba, Kayus Kayowuan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

As one of the pillars of law enforcement, the legal profession of advocacy carries a significant ethical responsibility to uphold justice and maintain the integrity of the judicial system. However, in practice, ethical violations by advocates still occur, including actions that may constitute obstruction of justice. This article aims to analyze the forms of ethical responsibility inherent in the legal profession and evaluate the challenges in enforcing the code of ethics, using the case of alleged obstruction of a corruption investigation by advocate Roy Rening in the Lukas Enembe case. This study employs a normative juridical method with a case study approach. The findings indicate that breaches of ethical boundaries by advocates can undermine public trust and weaken the profession's integrity. Furthermore, the enforcement of ethical codes in Indonesia faces structural and cultural obstacles, such as weak internal oversight, fragmentation among professional organizations, and resistance to accountability. Therefore, reforms are needed to establish a more independent, assertive, and harmonized ethical enforcement mechanism across advocate organizations to strengthen professional accountability and preserve the honor of advocacy as an officium nobile
Analisis Yuridis Perbuatan Melawan Hukum Terhadap Dugaan Unsur Penyesatan Dalam Perjanjian Kawin Delzanty, Kayla; Talitha, Raisyha; Rosdiana, Hani; Ramadhani, Sherlyta; Tarina, Dwi Desi Yayi
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.15568560

Abstract

A prenuptial agreement serves as a legal instrument that enables spouses to regulate their rights and obligations throughout the course of marriage. However, in practice, such agreements are not immune to legal deviations, particularly regarding the element of misrepresentation which may constitute an unlawful act (onrechtmatige daad). This study aims to provide a juridical analysis of potential misrepresentation in prenuptial agreements and the legal remedies available under Indonesian law. Utilizing a normative legal approach and a case study of Decision Number 526/PDT/G/2012/PN.Jkt.Sel, the research reveals that agreements formed dishonestly and without mutual understanding between the parties may be deemed invalid and annulled by the court. Misrepresentation in this context is considered a defect of consent that violates the principles of honesty and equality in civil contracts. The court's decision highlights that Indonesian law, through civil litigation mechanisms, is capable of offering effective legal protection to aggrieved parties. Consequently, stronger regulation and oversight in the drafting of prenuptial agreements are necessary to ensure the realization of justice and legal certainty.
Analisis Pelanggaran Hukum Hak Asasi Manusia Dalam Kasus Penganiayaan Mario Dandy Terhadap David Ozora Dewi, Tiwi Ayu Haresa; Aliffia, Nayla; Hendri, Aisyah Febria; Putri, Dwi Cinta Wiliananda; Az-Zikra, Za’im Sya’ban Syauqi; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Human rights are basic rights that every person is born with and cannot be revoked by anyone.  The case of Mario Dandy's severe persecution of David Ozora is a clear example of a violation of the right to life, the right to security, and the right to protection from violence guaranteed by the 1945 Constitution and Law No. 39/1999 on Human Rights.  To investigate the types of human rights violations that occurred and how the perspective of human rights law assesses these violations, this research uses a normative methodology, namely a literature study.  The results show that these acts not only violate national law but also violate international human rights.  The court's verdict against the perpetrators shows the importance of fair law enforcement and the equality of every citizen before the law.
Analisis Pelanggaran Perjanjian Dalam Perkara Utang Piutang PT. Bank Pembangunan Daerah Nusa Tenggara Timur Cabang Rote Ndao Cq Sender Dewa Lele dengan Debitur (Studi Kasus Putusan No4/Pdt.G.S/2021/PN Rno) Rizqareka D, Cinta; Afifa, Erina Nur; Tarina, Dwi Desi Yayi
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.15656086

Abstract

This case originated from a breach of contract (wanprestasi) by the debtor who failed to fulfill the obligation to pay loan installments as agreed in the credit agreement. This study employs a normative juridical method with a case study approach based on a court decision, analyzed qualitatively. The analysis results show that the credit agreement between the two parties was legally valid and met the legal requirements for a valid agreement as stipulated in Article 1320 of the Indonesian Civil Code (KUHPerdata). The panel of judges concluded that the defendant had committed a breach of contract by failing to fulfill her obligations, and therefore ruled that the defendant must repay the debt and cover the court fees. This decision reflects the principles of justice, legal certainty, and legal protection for the creditor. 
Problematika Putusan Mahkamah Konstitusi Nomor 106/Puu-Xviii/2020 Dalam Judicial Riview Undang-Undang Narkotika Terkait Ganja Medis Rianida, Puja; Sianturi, Catherine Rosalina; Amalia, Firda; Putri, Dwi Cinta Wiliananda
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The Judicial Review Application of the Narcotics Law regarding medical marijuana has raised a major issue in the Constitutional Court Decision Number 106/PUU-XVIII/2020. The decision rejecting the legalization of medical marijuana has caused confusion between the constitutional right to health and efforts to combat drug abuse. This study explores the various problems that arise from the decision, including the lack of sufficient scientific support for the therapeutic benefits of marijuana, obstacles to innovation in the medical field, and regulatory deficiencies that hinder research development and patient access. The rejection by the Constitutional Court also raises discussions about the role of the judiciary in responding to scientific developments, as well as comparisons with policies in other countries that have legalized the use of medical marijuana. This analysis emphasizes the importance of finding a balance between prohibition policies and approaches that respect human rights, as well as the long-term effects of the decision on health and legal policies in Indonesia. This study will discuss How are the judges' considerations in decision number 106/PUUX-VIII/2020 regarding the medical marijuana application? and What is the mechanism for the application in the judicial review of the medical marijuana law

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