cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Penerbit Yayasan Daarul Huda
Contact Email
penerbitdarulhuda@gmail.com
Phone
+6285280459234
Journal Mail Official
penerbitdarulhuda@gmail.com
Editorial Address
Jln Pendidikan No. 1, Cot Seurani, Muara Batu, Aceh Utara,
Location
Kab. aceh utara,
Aceh
INDONESIA
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
 5   6   7   8   9 
Search results for , issue "Vol 3, No 4 (2025): December" : 99 Documents clear
A Juridico-Philosophical Examination of the Death Penalty within the Framework of Legal Philosophy A, Annisa; 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.17614716

Abstract

The death penalty remains one of the most controversial forms of criminal punishment within Indonesia’s legal system, provoking longstanding debates from both juridical and philosophical perspectives. On one hand, the state continues to uphold capital punishment as an instrument to maintain public order and provide a deterrent effect against perpetrators of extraordinary crimes. On the other hand, there are views that regard the death penalty as contradictory to humanitarian values and the fundamental human right to life. This study aims to analyze the regulation of the death penalty in Indonesia’s positive law and to examine its existence from the perspective of legal philosophy, particularly through the lenses of utilitarianism, retributivism, and humanism. This research employs a normative juridical method with a statute approach and a conceptual approach. The data were obtained through an analysis of relevant statutory provisions, such as the Indonesian Criminal Code (KUHP), Law No. 39 of 1999 concerning Human Rights, and judicial decisions related to the implementation of capital punishment in Indonesia. The results indicate that the regulation of the death penalty in Indonesia has undergone a paradigm shift toward a more humanistic approach, as reflected in the 2023 Criminal Code, which provides a ten-year probationary period for death row inmates. From a philosophical standpoint, capital punishment can be justified within utilitarian and retributive frameworks as long as it serves to protect society and uphold justice. However, the humanist view rejects its existence, emphasizing that the right to life is non-derogable and cannot be taken away by the state. Therefore, the existence of the death penalty in Indonesia reflects an ongoing effort to balance justice, utility, and humanity. 
Krisis Moralitas dalam Penegakan Hukum dan Relevansi Filsafat Hukum Pancasila Sebagai Solusi Rubianti, Vaganti Safa Sukma
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.17606573

Abstract

 Law enforcement in Indonesia frequently faces a moral crisis that results in an imbalance between positive law and the public's sense of justice. In this context, the Pancasila Legal Philosophy plays a fundamental role as an ethical basis and moral guideline in building a just national legal system. This study aims to analyze how the Pancasila Legal Philosophy explains the relationship between morality and law enforcement, and how the application of its values can provide a solution to the moral crisis in Indonesia. The research method used is normative legal research with a statute approach and a conceptual approach, as well as a review of literature and the views of legal experts, particularly Satjipto Rahardjo. The results show that Pancasila values, such as humanity, justice, and democracy, must be the foundation of every process of law enforcement and formation. The case of law enforcement irregularities in the Ferdy Sambo case and the discussion of the TNI Bill with minimal public participation reflect weak legal morality. Therefore, internalization of the values of Pancasila Legal Philosophy is necessary to realize laws that not only uphold certainty, but also guarantee justice and humanity.
The Normative Relationship Between Moral Values and Justice in Modern Legal Philosophy and Its Consequences for Indonesian Legal Practice Julio, Christopher Elia; Putra, Gilang; Istimeisyah, Dian; Maniari, Elsa; 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.17621563

Abstract

This study explores the relationship between moral values and justice from the perspective of modern legal philosophy and examines their implementation in Indonesia’s legal practice. The research is grounded in the classical debate between natural law, which positions morality as the source of legal legitimacy, and legal positivism, which separates law from moral considerations. The study aims to analyze how moral values and justice can interact to shape a fair and dignified legal system in Indonesia. Using a normative qualitative approach, the study reviews philosophical theories and national legal practices, including Constitutional Court decisions and the application of restorative justice. The findings reveal that the implementation of moral values and justice in Indonesia’s legal system remains imperfect due to the gap between positive law and substantive justice. Nevertheless, integration efforts continue through progressive legal approaches and human rights, based reforms that emphasize humanity and social justice. In conclusion, moral values and justice are interdependent within modern law, morality provides the ethical foundation for legitimacy, while justice represents its tangible realization in social life.
The Role of the International Court of Justice in Resolving Disputes Between Sovereign States Marisa, Wiwin; Meliana, Sherly; Praditya, Habib
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.17555798

Abstract

This study explores the role of the International Court of Justice in resolving disputes between countries using a normative juridical approach. The International Court of Justice, as the principal organ of the United Nations (UN), functions to peacefully resolve international disputes. The dispute resolution process includes case submissions, written and oral examinations, and preliminary objections. The UN's support in the form of procedural recommendations also contributes to the effectiveness of dispute resolution. The International Court of Justice has jurisdiction over disputes involving civil law, criminal law, diplomatic relations, and asylum, as long as they fall within the scope of international law. This court also provides advisory opinions to UN organs such as the General Assembly and the Security Council. The prohibition of the use of force and the emphasis on peaceful dispute resolution are imperative norms in international relations. This study emphasizes the importance of applying international legal principles to achieve global peace and avoid armed conflicts that could threaten global stability. The International Court of Justice plays a crucial role in promoting international harmony through binding decisions and the enforcement of international legal principles. Through the analysis of various dispute cases, this study demonstrates that the resolutions provided by the International Court of Justice not only help maintain peace but also strengthen the international legal order. Thus, the International Court of Justice serves as an essential instrument in achieving the UN's primary goal of creating sustainable global peace and security.
The Concept of Justice According to Pancasila and Its Relevance to Law Enforcement Tambunan, Joy Catherine Carina; 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.17610323

Abstract

Justice is a fundamental goal in the Indonesian legal system, with Pancasila as the philosophical foundation and source of all sources of law (staatsfundamentalnorm). However, there is a significant gap between the ideal of Pancasila justice and the reality of law enforcement, which is considered discriminatory and not fully in favor of human values. This study aims to philosophically examine the concept of justice according to Pancasila and analyze the relevance and challenges of its application in law enforcement practices in Indonesia. Using normative legal research methods with philosophical, legislative, and conceptual approaches, this study finds that justice in Pancasila is holistic, integrative, and substantive, which is inspired by its five principles in an integrated manner: moral-spiritual values (Principle 1), respect for human dignity (Principle 2), strengthening unity (Principle 3), achievement through deliberation (Principle 4), and equitable distribution of welfare (Principle 5). Despite its high normative relevance, its implementation is hampered by various factors, such as the dominance of a rigid legal positivism paradigm, political intervention, corruption, and unequal access to justice. Therefore, a reconstruction of the law enforcement paradigm and systemic reforms focused on internalizing Pancasila values are needed to realize the desired substantive justice.
Penerapan TKDN Dalam Pengadaan Pemerintah dan Implikasinya Terhadap Persaingan Usaha Ardiana, Oktavia Dwi; Azzahra, Dinda; Sachmaso, Hana Humaira; Fawwaz, Razky
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.17667629

Abstract

The Domestic Component Level (TKDN) policy in government procurement of goods and services is designed as a strategic instrument to strengthen national industry, promote economic self-reliance, and reduce dependence on imported products. However, its implementation raises complex issues between the interests of industrial protection and the principles of fair business competition as regulated under Law No. 5 of 1999. This research employs a normative juridical method with statutory and conceptual approaches to analyze the balance between the government’s affirmative policy and the obligation to maintain a fair competitive climate. The findings indicate that the implementation of TKDN often serves as a market entry barrier for small enterprises and creates opportunities for abuse, such as the falsification of TKDN certificates. Therefore, strengthening procurement governance and law enforcement is essential to ensure that the TKDN policy is not misused and remains aligned with the objectives of national economic development. This study recommends cross-institutional synergy, enhanced digital transparency, and strict sanctions for violations to realize a clean and integrity-based government procurement system.
The United States’ Hegemonic Influence in International Law: A Case Study of the ICC’s Probe into Israel’s War Crimes Devi, Murtanti Fajarrani; Maulida, Zahratul; Purwana, Veronica Cynthia Putri; Rasmitha, Nadia Risa
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.17686488

Abstract

The International Criminal Court (ICC) was established to uphold accountability for the most serious crimes such as genocide, war crimes, and crimes against humanity through the principle of complementarity. However, this idealism often clashes with global political dynamics, especially when dealing with superpowers. This study examines the practice of United States hegemony over the ICC through sanctions policies, specifically the implementation of Executive Order 13928 targeting ICC officials related to the investigation of war crimes in Afghanistan and Palestine. Using a qualitative approach based on literature studies, the study finds that the United States' sanctions policy is a form of unilateral coercion and a manifestation of American exceptionalism that strengthens the politics of impunity. These sanctions not only threaten the independence of the ICC apparatus but also have a domino effect on the ICC's legitimacy, authority, and ability to carry out its mandate effectively. These findings indicate that international justice mechanisms remain vulnerable to geopolitical intervention, necessitating the strengthening of legal structures and international cooperation to ensure the ICC can operate without political pressure from powerful states.
Vigilantisme dan Antinomi Keadilan: Tinjauan Filosofis Plato dan Aristoteles Paramesti, Nirwasita Zada; 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.17646775

Abstract

This study aims to analyze two main issues: the antinomy of justice between substantive justice, rooted in Plato’s moral idealism, and procedural justice, rooted in Aristotle’s rationality, as well as how vigilantism emerges as a consequence of this tension. The research employs a normative legal method with philosophical, conceptual, and case study approaches. Data are analyzed qualitatively and deductively through comprehensive library research to draw interpretative conclusions. The findings reveal that the antinomy of justice stems from the fundamental differences between Plato’s moral idealism, which focuses on substance and conscience, and Aristotle’s rational realism, which emphasizes procedure or the order of positive law. It is found that vigilantism is not merely a criminal act but rather a philosophical challenge posed by society against the state. This phenomenon erupts when the public experiences a crisis of trust and perceives the system of positive law as rigid, slow, and morally bankrupt formalism. The anger of the masses represents an effort to reclaim substantive justice by consciously disregarding procedures deemed to have failed.
Perlindungan Hak Anak dalam Sistem Pendidikan di Indonesia Fazila, Athifa Farras; Yasmin, Nadhifa Aulia; Sijabat, Margaretha Happy Dianezra; Kristianto, Hanny; Manik, Akesia Gracetimansia Br Ginting; Siahaan, Nur Octorise; Yusuf, Nisrina Kamiliya; Silaen, Novenli; 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.17677407

Abstract

This article analyzes the national legal framework related to the protection of children in conflict with the law and assesses the effectiveness of the application of restorative justice and diversion approaches in the juvenile criminal justice system. The analysis shows that the paradigm of punishment for children has shifted from a retributive approach to a more rehabilitative and restorative approach that emphasizes recovery and the best interests of the child. In the juvenile justice system, trials must be conducted in special closed courts as a form of child privacy protection. Legal proceedings against children emphasize the principle of restorative justice, which focuses more on restoring the child's condition than on punishment, so that diversion efforts become a priority. The handling of children in legal proceedings must not deprive them of their basic rights, especially the right to education. Criminal sanctions for children are educational and rehabilitative in nature, not punitive. Institutions such as prisons, correctional facilities, and juvenile detention centers organize programs aimed at developing children's social skills so that they can resume their social functions with dignity. Thus, legal protection for children in conflict with the law is geared toward promoting the welfare, rehabilitation, and future of the child. Legal protection for children in conflict with the law emphasizes the fulfillment of children's rights as stipulated in the Convention on the Rights of the Child, including the right to protection, education, non-discrimination, and affection. Juvenile court proceedings must be conducted in closed court and use a restorative justice approach that prioritizes rehabilitation and diversion as alternatives to criminal prosecution. Sanctions for children are educational and rehabilitative in nature, not punitive. Through the role of institutions such as prisons, probation offices, and child rehabilitation centers, children are guided so that they can resume their social functions and develop into dignified individuals.
Natural Law as a Normative-Ethical Framework for the Protection of Human Rights Istimeisyah, Dian
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.17636536

Abstract

This research examines natural law theory as an ethical foundation for the protection of human rights (HR). The study originates from the observation that many formally valid laws often violate fundamental human values. The purpose of this research is to emphasize that natural law provides moral legitimacy to positive law and ensures the protection of human dignity. The method used is a qualitative normative approach with literature analysis, focusing on the ideas of classical philosophers such as Thomas Aquinas, Hugo Grotius, and John Locke, as well as their relevance to modern human rights principles. The results show that natural law places human dignity as the highest moral foundation of the legal system, where human rights are inherent and not dependent on the state. In the Indonesian context, the principles of natural law are reflected in Pancasila, the 1945 Constitution, and Law No. 39 of 1999 on Human Rights. The study concludes that natural law remains a relevant and universal ethical framework guiding the creation and implementation of positive law to uphold justice and humanity.

Page 7 of 10 | Total Record : 99

 5   6   7   8   9 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol 4, No 2 (2026): June Vol 4, No 1 (2026): March Vol 3, No 4 (2025): December Vol 3, No 3 (2025): September Vol 3, No 2 (2025): June Vol 3, No 1 (2025): March Vol 2, No 4 (2024): December Vol 2, No 3 (2024): September Vol 2, No 2 (2024): June Vol 2, No 1 (2024): March