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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
Upaya Pengelolaan Limbah Produksi Etanol Melalui Rencana Pembangunan IPAL di Desa Ngombakan, Kecamatan Polokarto, Kabupaten Sukoharjo Zakaria, Salsabila Anggraini; Sumartiningsih, Sri; S, Sumidi
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.17689881

Abstract

This study examines the legal framework and local efforts for managing ethanol production waste in Ngombakan Village, Polokarto District, Sukoharjo Regency. The analysis employs a normative juridical approach supported by empirical data gathered from interviews with village officials. The legal review shows that ethanol waste management is bound by environmental protection norms, effluent quality standards, risk-based business licensing, and village authority in environmental stewardship. Empirical findings indicate that the village government has planned the construction of a communal wastewater treatment facility (IPAL) to address pollution, yet faces challenges related to land availability and funding. The study concludes that stronger regulatory support, technical assistance, and community participation are essential to achieving sustainable ethanol waste management.
Sinkronisasi Prinsip Good Environmental Governance dalam Kebijakan Green Building: Studi Perbandingan Jakarta dan Surabaya Syaharani, Zevanya Praja
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.17646919

Abstract

Water resource management in Indonesia faces complex challenges due to policy discrepancies between central and regional governments. These inconsistencies often result in overlapping authority, inefficient policy implementation, and weak coordination in inter-regional river basin management. Using a normative juridical approach with analysis of relevant laws and regulations, this study aims to identify the causes of policy disharmony and provide recommendations to strengthen policy harmonization across regions in water resource management. The findings indicate that harmonization is essential to ensure sustainability, interregional equity, and policy effectiveness. Strengthening the central government’s coordinating role and establishing interregional coordination mechanisms are strategic steps to achieve integrated and equitable water resource governance.
Potret Eksploitasi Anak sebagai Masalah Sosial dan Dampaknya terhadap Perkembangan Anak Novebryan, Raffi Rizkytia; W, Wahyuningrum; Muling, Candra Wijaya; Nurwendha, Siti Ahdia; Wulan, Nandar; Putri, Sekar Rahayu; 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.17685453

Abstract

Child exploitation is one of the most severe human rights violations and remains a critical social issue in Indonesia, where children undergoing essential stages of physical, mental, and social development are highly vulnerable to coercion, pressure, and various harmful forms of exploitation ranging from economic, sexual, and emotional exploitation to the increasingly prevalent digital exploitation driven by technological advancement. Complex social and economic factors such as poverty, low parental education, weak social control, and the limited effectiveness of state protection further exacerbate children’s vulnerability. This study employs a descriptive qualitative method through literature review and analysis of reports from child protection institutions to describe the forms of exploitation, contributing factors, and their impacts on child development. The findings reveal that child exploitation leads to multidimensional consequences, including psychological trauma, physical health problems, social difficulties, and disruptions in moral and cognitive development that threaten the child’s future. These findings emphasize the necessity of a comprehensive approach to addressing child exploitation through collaboration among families, schools, communities, and the government by strengthening parental literacy, ensuring safe reporting mechanisms, empowering families economically, and enforcing consistent and equitable legal protection to guarantee children’s rights to grow and develop in a safe and supportive environment. 
Gugatan Pembatalan Merek Sebagai Upaya Hukum Memerangi Fenomena Trademark Bullying yang didasari oleh Penggunaan Merek dengan Kata Umum Suwandi, Dinda Amelia
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.17637450

Abstract

The phenomenon of trademark bullying occurs when trademark owners excessively exercise their rights to pressure other parties, particularly in cases involving marks that use common words or lack distinctiveness. Weak distinctiveness parameters in the first-to-file system allow generic marks to remain registered and potentially be misused, as seen in the Campus/Kampus vs. Distinction case. This normative juridical research shows that the use of common words in trademarks is a primary trigger of intimidation, as trademark owners can claim a monopoly over terms that should be freely available for public use. Decision Number 25 K/Pdt.Sus-HKI/2014, which annulled the “Campus/Kampus” trademark, demonstrates that trademark cancellation lawsuits are an effective means to counter trademark bullying. These findings highlight the need to tighten substantive examination, enforce the principle of good faith, and strengthen restrictions on the use of common terms in trademark registration.
Ghost Employment di Sektor Publik: Analisis Hukum Pidana dan Perbandingan Internasional Syaharani, Zevanya Praja
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.17647055

Abstract

Ghost employment, a phenomenon characterized by the recording of non-existent or inactive employees on public payrolls, represents a significant challenge to governance and public sector accountability. This study aims to analyze the modus operandi, legal implications, causes, and mitigation strategies of ghost employment in Indonesia, with comparative insights from other countries. The research utilizes a descriptive case study approach, drawing on literature review, legal documents, and prior studies to provide a comprehensive understanding of the issue. Findings indicate that ghost employment involves deliberate manipulation of payroll systems, falsification of administrative documents, and collusion among officials, which collectively result in financial losses and undermine public trust. From a legal perspective, such practices constitute embezzlement, document forgery, and corruption under Indonesian law. The study further highlights that weak internal controls, lack of integrated payroll systems, and insufficient audits are key enabling factors for ghost employment. Comparative analysis with countries like Kenya and Tanzania demonstrates that the integration of digital payroll systems, regular audits, and employee training significantly reduces the occurrence of ghost workers. The study recommends a multi-dimensional mitigation strategy for Indonesia that combines legal enforcement, technological integration, and strengthened internal controls to enhance transparency, accountability, and deterrence. This research contributes to the understanding of ghost employment by bridging legal, administrative, and technological perspectives, offering practical guidance for policymakers, auditors, and public sector institutions to prevent, detect, and respond to ghost employment effectively.
Implikasi Hukum Islam Terhadap Transaksi Ekonomi Digital Nafisya, Zahwah Aulia; Sapa, Nasrullah
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.17685974

Abstract

The development of the digital economy has transformed the landscape of global economic transactions, including in Muslim-majority countries. Phenomena such as e-commerce and digital assets (cryptocurrency, tokens, and NFTs) offer convenience and new opportunities in economic activities but also raise legal issues from the perspective of Sharia law. This study aims to analyze the position of the digital economy within Islamic economic law, examine the validity of e-commerce transactions based on the principles of fiqh al-mu‘āmalah, and assess the legal status of digital assets according to the views of scholars and fatwa institutions. The research method employed in this study is library research, which involves the analysis of books, scholarly works, and previous studies related to the topic. The findings indicate that e-commerce transactions are generally permissible as long as they fulfill the pillars and conditions of a valid sale contract and are free from elements of riba (usury), gharar (uncertainty), and deception. In general, the digital economy can be accepted within the framework of Islamic economic law if it is managed according to the principles of maqāṣid al-sharī‘ah, namely upholding justice, promoting public welfare, and protecting the wealth of the community. This study emphasizes the importance of strengthening Sharia-based regulations in governing the digital economy to ensure alignment with Islamic values and to contribute to the sustainable development of the Muslim community’s economy.
Filsafat Hukum sebagai Dasar Pembentukan Norma dan Prinsip Hukum Nabilla, Anissa; 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.17639976

Abstract

Legal philosophy plays a fundamental role in shaping the direction and character of a national legal system. Law is not merely understood as a collection of coercive positive norms, but as a moral and rational reflection oriented toward substantive justice. This research aims to analyze how legal philosophy provides a conceptual foundation and value-based framework in the formation of legal norms and principles in Indonesia. The research method employed is normative legal research with a conceptual and philosophical approach, supported by literature studies of both classical and contemporary legal thinkers. The findings indicate that legal philosophy serves a crucial function in ensuring that every legislative product reflects ethical, moral, and humanitarian values as the essence of law itself. Philosophical values, particularly those derived from Pancasila, form the core basis for creating a legal system that is just, humanistic, and oriented toward social welfare. Therefore, the application of legal philosophy in the process of law-making not only strengthens the moral legitimacy of the national legal system but also ensures a balance between legal certainty, justice, and expediency in the practice of state and social life.
Harmonisasi Hukum Adat dan Hukum Positif dalam Pembagian Harta Perkawinan Antarsuku: Studi Kasus Sistem Patrilineal Batak dan Matrilineal Minangkabau Al Khalifi, Annisa Bunga; Putra, Bryan Joseph; Zulfikar, Luthfi Naufan; Kelmanutu, Mervly Rumfiarsa; Ningthias, Nadya Ayu; Marsya, Revalina Zhalika; 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.17663384

Abstract

In the context of Indonesia’s legal system, positive law, customary law, and religious law interact and often overlap in various aspects of social life. Customary law, including the patrilineal system of the Batak community and the matrilineal system of the Minangkabau community, dynamically interacts with positive law. This article employs a normative juridical approach to examine the differences in the principles governing marital property distribution under Batak (patrilineal) and Minangkabau (matrilineal) customary systems, as well as efforts to harmonize them with Law Number 1 of 1974 on Marriage. The findings indicate that, in Batak customary law, marital property generally belongs to the husband or the husband’s family based on patrilineal inheritance traditions. Meanwhile, Minangkabau customary law distinguishes between jointly acquired property (gono-gini) and individual inherited property, where the former is managed jointly and the latter remains the right of each spouse. Marriage Law 35-37 provide a framework for classifying assets (joint, separate, and acquired property), and Marriage Law 37 affirms that the division of joint property shall follow “the respective laws” of the parties, whether religious or customary. However, the absence of an implementing government regulation (as mandated by Marriage Law 67 No. 1/1974) and cultural diversity often lead to inconsistencies between customary and positive law. This article recommends a harmonization approach based on legal pluralism, recognizing and respecting customary rights insofar as they do not conflict with constitutional and human rights principles.
Resolving Goods Procurement Contract Disputes via Arbitration: An Analysis of the PT Ifani Dewi vs. DKI Jakarta Government Case Khairunnisa, Amanda Shofwa; Azmina, Fayza; Gultom, Juniartha Gladys Naomi Magdalena
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.17686391

Abstract

Disputes in procurement contracts often arise due to differences in the interpretation of obligations or allegations of default by one of the parties. Arbitration is frequently chosen as an alternative dispute resolution mechanism because it is considered faster, confidential, and provides legal certainty compared to litigation in court. This study discusses the dispute between PT Ifani Dewi and the Regional Government of DKI Jakarta, which was resolved through the Indonesian National Board of Arbitration (BANI). The analysis was conducted using a normative juridical approach by examining Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, as well as civil law provisions on contracts. The findings indicate that the arbitration clause contained in the procurement contract is binding on the parties in accordance with the principle of pacta sunt servanda. The arbitration process in this case covered the registration of the dispute, the formation of the tribunal, the examination of the case, and the issuance of an award that is final and binding. Arbitration has proven to offer time efficiency, confidentiality, and legal certainty, although it has certain drawbacks, such as relatively high costs and the absence of appellate remedies. Therefore, arbitration can be regarded as an effective dispute resolution forum, particularly for strategic procurement contracts involving local governments.
A Comparison of the Concept of Justice in Natural Law and Positive Law: Its Relevance to Law Enforcement Practices in Indonesia Hia, Imelda Indah Putri; 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.17645254

Abstract

This research is motivated by the tension between formal legal certainty and demands for substantive justice in law enforcement practices in Indonesia. This study aims to analyze and compare the concepts of justice from the perspectives of natural law and positive law, and to assess their relevance in the national legal system. The research method used is normative juridical with a descriptive-analytical approach through a literature review of primary, secondary, and tertiary legal materials. The results show that natural law emphasizes justice based on universal moral principles (substantial justice), while positive law focuses on compliance with formal procedures and norms (procedural justice). The Indonesian legal system, based on Pancasila, conceptually seeks to synthesize these two perspectives, as reflected in the obligation of judges to explore the values of social justice. However, the dominance of legal positivism still creates a gap between legal certainty and a sense of social justice. The implications of this research emphasize the need for a balance between legal certainty and moral justice to make Indonesian law more meaningful and substantively just.

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