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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 99 Documents
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Search results for , issue "Vol 3, No 4 (2025): December" : 99 Documents clear
Tinjauan Hukum Islam terhadap Praktik ODOL (Over Dimension Over Load) dalam Angkutan Barang di Indonesia: Analisis Maqashid Syari’ah dan Dampaknya terhadap Keselamatan Publik ‘Arifin, Muhammad Tajul
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17559767

Abstract

The practice of Over Dimension and Over Load (ODOL) in freight transportation in Indonesia represents a serious issue within the transportation sector, as it directly contributes to infrastructure damage and increases the risk of traffic accidents. Despite government efforts to regulate and mitigate ODOL practices through various policies and regulations, violations remain widespread. This study aims to examine ODOL practices from the perspective of Islamic law using the maqāṣid al-sharī‘ah approach, particularly concerning the protection of life (ḥifẓ al-nafs) and property (ḥifẓ al-māl), as well as the broader objective of maintaining public welfare (maṣlaḥah ‘āmmah). The research employs a qualitative method with a juridical–sharī‘ah approach. Data were collected through a literature review of classical and contemporary fiqh sources, statutory regulations, and relevant academic references. The findings reveal that ODOL practices contradict the principles of maqāṣid al-sharī‘ah as they entail harm (mafsadah), cause losses to others, and constitute a breach of social trust. Moreover, ODOL represents noncompliance with legitimate governmental regulations, which, according to Islamic teachings, must be obeyed as long as they do not conflict with the sharī‘ah. Therefore, from a normative Islamic legal perspective, ODOL practices are deemed impermissible as they violate the principles of justice, safety, and public welfare.
Living Hadis dalam Pembentukan Islam: Teori, Praktik, dan Tantangan Rafli, Rahmat; Ahmad, La Ode Ismail; Usman Ali, Asiqoh
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17539278

Abstract

Living Hadith refers to the actualization of the Prophet Muhammad’s sayings and teachings within the social, cultural, educational, and da’wah life of Muslim communities. This approach emphasizes that hadith is not merely a textual tradition but a living guide manifested in daily religious and social practices. Through rituals such as the Prophet’s Birthday (Maulid), communal prayers (tahlilan), almsgiving, and grave visits, hadith becomes a moral and spiritual source shaping Muslim character and social solidarity. In education and da’wah, hadith values are internalized through learning, role modeling, and digital media. However, the development of Living Hadith faces academic challenges due to the lack of standardized methodology, as well as socio-cultural issues like syncretism and misinterpretation. Modernity and globalization also demand new interpretations to ensure the relevance of hadith in the digital era. This study concludes that Living Hadith serves as a bridge between divine revelation and social reality, portraying Islam as a dynamic, contextual, and universal religion of mercy (rahmatan lil ‘alamin).
Tinjauan Yuridis Terhadap Sengketa Hak atas Tanah SMAN 1 Bandung: Analisis Kedudukan Hukum Hak Guna Bangunan dan Hak Pakai Rahman, Naila Kamila; Elvira, Olga; Fatimah, Ghefira Nur; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17539503

Abstract

The land dispute between SMAN 1 Bandung and the Perkumpulan Lyceum Kristen (PLK) is the main focus of this juridical analysis, highlighting the complexity of agrarian conflicts involving overlapping land rights between public and private interests. SMAN 1 Bandung bases its ownership on a Right-to-Use Certificate (Sertifikat Hak Pakai) issued by the National Land Agency (BPN) of Bandung City , while PLK claims its rights based on a historical Right-to-Build Certificate (Sertifikat Hak Guna Bangunan - SHGB) held by its predecessor, Het Christelijk Lyceum (HCL). This research employs a normative juridical method with statutory, case, and historical approaches to analyze the legal status of each right and the legal challenges faced by the government. The analysis shows that the Right-to-Use Certificate held by the government has valid and binding legal force based on the principle of presumption of legality (praduga rechtmatig), as long as it has not been annulled by a courth decision. On the other hand, PLK's historical claim presents challenges in the form of dual certificates and a burden of proof for the government. The solution for the government is to strengthen its arguments regarding the validity of the Right-to-Use Certificate, the principle of the social function of land for educational purposes, and the physical, bona fide possession of the land for decades.
Pertanggungjawaban Pidana atas Kejahatan Terhadap Kemanusiaan dalam Perspektif Hukum Pidana Internasional (Studi Kasus Penangkapan Presiden Hissène Habré ) Salsabila, Syana Mifta; Putri, Syifadilla Subagyo
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17572867

Abstract

This research examines the concept of individual criminal responsibility for crimes against humanity within the framework of international criminal law as outlined in the Rome Statute of 1998. It also analyzes the application of this principle through the case of President Hissène Habré of Chad, which stands as a landmark in international justice. The study finds that crimes against humanity are grave offenses committed on a widespread and systematic scale, where perpetrators can be held accountable regardless of rank or political authority. The principle of individual criminal responsibility affirms that state officials, including heads of state, are not immune from prosecution for serious violations of human rights.
Eksistensi Hukum dalam Hidup Bermasyarakat di Era Digitalisasi Ardyawati, Atha Hukama; Syahidana, Sahara Islami; Vimala Bulan, Miranda Eryna; Cahayo, Raul Gindo
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17573209

Abstract

The digital revolution has created a virtual space that fundamentally transforms social interactions and gives rise to new norms, such as the phenomenon of cancel culture. This rapid dynamic creates a legal vacuum where conventional regulations, like the Information and Electronic Transactions Law (UU ITE), are considered outdated, prone to multiple interpretations, and less effective in responding to cybercrime and personal data protection issues. This article aims to review and reaffirm the existence of formal law as the primary guarantor of order and justice in the digital era. This research was conducted using a normative juridical method, employing a statutory and conceptual approach, to analyze the adaptation of legal rules to the complexity of cyberspace, including challenges of international jurisdiction and the limitations of law enforcement officials. The research results affirm that the existence of law is an absolute necessity realized through adaptive regulation. This is marked by the renewal of the UU ITE and the establishment of the Personal Data Protection Law (UU PDP) as legal milestones in the formalization of digital norms. However, the effectiveness of law in regulating the virtual space is not solely dependent on juridical legal instruments. The success of the law actually lies in a tripartite synergy between legal authority exercised by the state, the improvement of individual digital literacy and ethical awareness, and active supervision initiated by the community. This synergy between law, power, and social norms becomes the essential foundation for building a healthy, inclusive, and just digital space.
Peran dan Kewenangan Wali Hakim Kepala Kantor Urusan Agama (KUA) dalam Menyelesaikan Permasalahan Wali Nasab yang Berbeda Agama dalam Pernikahan: Studi Kasus KUA Ciracas Sidiq, Muhamad; Na’imah, Farida Ulvi
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17590553

Abstract

This research aims to analyze the role and authority of the wali hakim (judge guardian) at the Office of Religious Affairs (KUA) in resolving issues concerning wali nasab (lineage guardian) of different religions in marriage, with a case study at KUA Ciracas, East Jakarta. The research focuses on understanding the mechanism of transferring wali nasab to wali hakim based on Article 23 of the Compilation of Islamic Law (KHI) and the Islamic jurisprudence perspective on this phenomenon. The research method employed is a qualitative approach with data collection techniques including in-depth interviews, participatory observation, and document study. The results show that the transfer of wali nasab to wali hakim occurs when the wali nasab is unable to fulfill their duties, especially in cases of religious differences between the wali nasab and the prospective bride or groom. Factors causing this transfer include the absence of the wali nasab, rejection by the wali nasab due to religious differences, and complex socio-cultural conditions. From a fiqh perspective, the transfer is permitted to ensure the validity of the marriage and protect the rights of the prospective bride or groom. However, the legal status of this transfer becomes controversial when a wali ab'ad (distant guardian) still exists, requiring deep interpretation based on fiqh principles and Article 23 of the KHI.
Tantangan Implementasi Yurisdiksi ICC dalam Penegakan Hukum atas Kejahatan Genosida di Negara Non-Pihak Anisah, Aura; Wahdah, Azzhara Nikita; Nirwana, Rena Putri; Arini, Dita Rosalia
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17569239

Abstract

The International Criminal Court (ICC) is a permanent judicial institution established under the 1998 Rome Statute, with a mandate to try serious crimes such as genocide, crimes against humanity, and war crimes. Although ICC jurisdiction formally applies to states parties to the Rome Statute, the crime of genocide occurring in non-party countries remains a global concern. This article examines how the ICC can exercise its jurisdiction over individuals from non-party states through a normative juridical approach, reviewing the principles of universality, the principle of state responsibility, and the principle of non-impunity as the basis for the legitimacy of international law. This research shows that the ICC has several mechanisms to overcome the limitations of formal jurisdiction, including through referrals to the UN Security Council, territorial jurisdiction if some elements of the crime occur in the state party, personal jurisdiction over the perpetrator who is a citizen of the state party, and ad hoc approval based on the Rome Statute. Nonetheless, the implementation of ICC law enforcement challenges against non-party states faces significant obstacles, including the denial of cooperation based on state sovereignty, geopolitical bias in the Security Council, and imbalances between large and small states in international law enforcement. In this study, it is emphasised that the ICC remains relevant as a complementary instrument when the national legal system is unable or unwilling to take action against the perpetrators of genocide. Reform of jurisdictional mechanisms and increased international cooperation are key to strengthening the ICC's effectiveness in upholding global justice and preventing impunity for serious crimes.
Analisis Yuridis terhadap Kohabitasi sebagai Tindak Pidana dalam Pasal 412 KUHP Baru Putri, Dita Melati; Junaidy, Abdul Basith
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia has officially enacted the Draft Criminal Code (RKUHP), which includes various updates to the existing Criminal Code (KUHP). One article that has attracted significant attention is the provision on cohabitation in Article 412. Cohabitation is a complex issue in Indonesia, taking into account social, cultural, moral, and legal values. Cohabitation, or living together without a formal marriage bond, has increasingly become a source of concern in society. The enactment of Article 412 of the Criminal Code reflects a legal response to this phenomenon. The research method used is a normative approach, referring to primary legal materials (the Criminal Code) and secondary sources (previous studies) to provide a deeper understanding of the legal implications related to cohabitation. The research findings indicate a significant increase in the prevalence of cohabitation in major Indonesian cities, which may negatively impact public morality, the spread of sexually transmitted diseases, and the rise of criminal activity. The conclusion of this study is that the enactment of Article 412 provides a clear legal basis for criminalizing cohabitation as an offense aimed at addressing its negative impacts while taking into account the social, cultural, and moral values upheld by Indonesian society.
Konflik Antara Proteksionisme dan Prinsip National Treatment dalam Hukum Perdagangan Internasional (Studi Kasus: Penerapan Prinsip National Treatment dalam Kasus Sengketa Importasi Minuman Beralkohol antara Jepang dan Kanada di WTO) Putri, Syifadilla Subagyo
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17572637

Abstract

This study examines the conflict between protectionist policies and the implementation of the National Treatment principle within the international trade law framework, focusing on the alcohol import dispute between Japan and Canada at the WTO. The case highlights Japan’s tension between protecting domestic industries through fiscal measures and its international obligation to treat imported goods equally. Using a normative juridical and case study approach, the analysis finds that Japan’s alcohol tax system violated Article III of GATT 1994 by indirectly discriminating against foreign products. The WTO ruling reaffirmed the importance of the non-discrimination principle as a cornerstone of fair global trade. This research emphasizes the necessity of balancing national economic protection and adherence to international trade norms to ensure a fair and sustainable multilateral trading system.
The Study of Natural Law in The Philosophy of Law on Legal Thought in Indonesia Wahdah, Azzhara Nikita; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17610564

Abstract

This study explores the relevance and contribution of natural law theory to the development of a just legal system in Indonesia, particularly in the context of human rights protection. Employing a normative juridical approach and literature review spanning classical to contemporary legal philosophy, the article examines natural law principles as a universal and enduring moral foundation. The findings reveal that both irrational natural law—rooted in divine values—and rational natural law—derived from human reason—hold significant potential to reinforce the legitimacy of Indonesia’s positive law. While structural and cultural challenges hinder the integration of natural law into the national legal framework, opportunities arise through the enhancement of justice-oriented regulations, recognition of customary law, and the adoption of restorative justice principles. The study advocates for harmonizing positive law with natural law values as a strategic pathway toward inclusive legal reform centered on human dignity.

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