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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
A Comparison of the Implementation of Presidential Impeachment in Presidential Systems (A Comparative Study of Indonesia and South Korea) Syalsabila, Khairunisa; 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.17803253

Abstract

The Constitution (UUD) is the supreme law that serves as the basis for the administration of the state and must be obeyed by all elements of the nation, including the President and Vice President. In a presidential system of government, the President's extensive executive power demands a strict oversight mechanism, one of which is through impeachment. This study aims to analyze and compare the legal regulations and implementation mechanisms for the impeachment of heads of state in Indonesia and South Korea. The study uses a literature study method with a qualitative approach through analysis of various legal sources, journals, and relevant literature. The results show that Indonesia regulates impeachment in detail in Articles 7A and 7B of the 1945 Constitution with the involvement of the House of Representatives (DPR), the Constitutional Court, and the People's Consultative Assembly (MPR), and the reasons for impeachment are specifically outlined. Meanwhile, South Korea regulates impeachment in its Constitution more generally by involving the National Assembly and the Constitutional Court, and is not limited to the President, but also other high-ranking state officials. In practice, South Korea has successfully implemented the impeachment process constitutionally, while Indonesia has never implemented this mechanism in accordance with the procedures following the amendment to the 1945 Constitution. In conclusion, although both countries adopt a presidential system of government, there are significant differences in the legal structure, grounds for impeachment, and implementation of the impeachment mechanism.
Konflik Kepentingan dalam Hak Kebendaan di atas Benda Milik Orang Lain: Antara Perlindungan Pemilik dan Hak Preferensi Kreditor Nur Najma, Siti Najla; Az-Zahra, Fatimah; Febrian, Matthew; 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.17760405

Abstract

This research examines the conflict of interest arising from the exercise of property rights over another person’s assets within Indonesia’s civil law system. Property law not only protects ownership rights but also serves as a legal instrument to guarantee creditors and third parties in the modern economy. The core issue emerges when absolute ownership rights conflict with limited real rights that grant preferential status to creditors. Using a normative juridical method through analysis of legislation, legal doctrines, and court decisions such as Supreme Court Rulings No. 2911 K/Pdt/2019 and No. 1248 K/Pdt/2007, this study finds that the existence of real rights has transformed ownership from an absolute concept into a relative or functional one. While owners retain their rights, these rights are limited by the existence of real rights to ensure legal certainty for creditors. The study concludes that harmonization is needed between ownership protection and creditor certainty through clearer regulations, strict procedural enforcement, and increased legal awareness to achieve a balance between legal certainty and substantive justice in property law practice.
Kajian Yuridis atas Efektivitas Implementasi Mediasi Elektronik Berdasarkan PERMA No. 3 Tahun 2022 Adrini, Shaina Subha
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.17790376

Abstract

The rapid expansion of e-commerce in Indonesia has intensified the need for a dispute resolution mechanism that is adaptive, efficient, and capable of safeguarding consumer rights within a highly dynamic digital marketplace. While disputes frequently stem from seemingly minor issues, such as; product mismatch, delayed delivery, or service failures. This cumulative impact significantly influences consumer trust in digital transactions. In response, Supreme Court Regulation (PERMA) No. 3 of 2022 introduces electronic mediation as a modern pathway to enhance access to justice. Using a normative legal research method, this study examines the regulatory framework of electronic mediation and its relevance to e-commerce disputes. The findings reveal that although PERMA provides a progressive structure grounded in voluntariness, accessibility, and technological integration, its practical implementation remains constrained by layered administrative requirements, uneven technological infrastructure, limited digital literacy, and the absence of institutional integration between the courts and internal dispute resolution systems offered by e-commerce platforms. These gaps create a misalignment between legal norms and the realities of dispute resolution already functioning within the digital industry. Drawing on comparative insights from Canada’s Civil Resolution Tribunal, this study highlights that effective electronic mediation requires a human-centered, simplified, and integrated justice system.
The Ethical Crisis in Law Enforcement Reflects the Failure of Modern Legal Philosophy to Balance Morality and Legality Saputra, Muhammad Dewanto Adi
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.17698771

Abstract

This study examines the ethical crisis in law enforcement as a reflection of the failure of modern legal philosophy in balancing morality and legality. The disparity between moral norms and formal rules reveals how the Indonesian legal system experiences deviations, both normatively and in practice, leading to public distrust and the weakening of legal legitimacy. The dominance of positivism and focus on formal norms without moral scrutiny creates alienation between law and human values, exacerbating structural and organizational tensions in law enforcement agencies characterized by corruption, collusion, and low accountability. This collapse not only complicates the achievement of substantive justice but also hinders reforms responsive to social dynamics, thus demanding a reformulation of the legal philosophy paradigm capable of integrating moral values contextually and functionally. A critical approach to this modern paradigm affirms the need for harmonization between morality and legality as the primary foundation in building a just, meaningful, and sustainable legal system.
Peran Norma Sosial dalam Mendorong Kepatuhan Hukum Ghozali Boer, Achmad Dirham; Dinanti, Dinda
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.17763669

Abstract

This study examines the role of social norms in encouraging public compliance with the law. Social norms are unwritten rules that develop from habits, values, and cultural practices that exist within society. In many cases, social norms are obeyed more readily than formal laws because they are more closely connected to everyday life. This research uses a literature study method by analyzing works related to the sociology of law, social norms, and legal compliance. The results show that legal compliance does not arise solely from the threat of formal sanctions but also from the internalization of values and norms obtained through socialization processes. When social norms align with the law, the level of public compliance increases. However, if social norms conflict with the law, legal violations are more likely to occur. Thus, it can be concluded that social norms have an important role in building a legal culture and enhancing public compliance with legal rules in Indonesia.
Ketidakpastian Hukum dalam Transaksi Jasa Titip Luar Negeri Tanpa Kontrak Tertulis dan Peran Contract Drafting sebagai Instrumen Perlindungan Hukum Putra, Muhamad Ilham Nugraha; Siswana, Rahmania Diva; Silkani, Ni Luh; Rajib, Rayi Kharisma
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

The phenomenon of overseas proxy shopping servicesis growing rapidly as part of the digital economy, but the practiceis informal and without written contracts, creating legal uncertaintyfor all parties. Jastip transactions, which are often conducted through social media, rely solely on trust and brief communication, creatingvulnerabilities to fraud, default, non- conforming goods, damage,and issues of responsibility for customs fees and cross- jurisdictional risks. The absence of a contract means that the legal relationship between the jastiper and the consignor lacks a clear structure, making it difficult to determine rights,obligations, and dispute resolution in the event of loss. This articleanalyzes the forms of legal uncertainty in foreign jastip transactionswithout contracts and explains the strategic role of contract drafting as ainstrument of legal protection. Through the preparation of a written contract that includes the identities of the parties, specifications of the goods, risk sharing, costs, delivery mechanisms, refunds, and dispute resolution, contract drafting is able toprovide legal certainty, protect the rights of the parties, minimize the risk ofdisputes, and increase the professionalism of jastip practices. Therefore,the existence of a written contract is not merely a formality, but a fundamental necessityto create safe, transparent, and accountable jastip transactionsin the cross-border digital trade ecosystem
Tinjauan Yuridis dan Prosedur Penanganan Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial (Studi Implementasi UU ITE No. 1 Tahun 2024) Anisah, Aura; Nirwana, Rena Putri; Anindya, Salma Elsa; Manogu Sitompul, Theodore Daniel Sebastian; Nugroho, Andriyanto Adhi
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.17704076

Abstract

This study aims to review the legal regulation concerning defamation through social media based on the Information and Electronic Transactions Law (UU ITE) No. 1 of 2024 and to describe the legal procedures for handling defamation crimes via social media. The method used is normative legal research with a juridical and procedural analysis approach. The findings reveal that UU ITE No. 1 of 2024 provides detailed regulation on acts of defamation through social media, including the criminal elements and sanctions imposed, such as imprisonment up to 2 years and a maximum fine of IDR 400 million. The handling procedure typically begins with a complaint from the victim to the authorities, followed by complaint registration, investigation, evidence examination, and if the elements are met, the case proceeds to prosecution and trial stages. In conclusion, the legal provisions in UU ITE offer a strong legal basis to address defamation on social media, and the procedural handling guarantees victim protection and provides a deterrent effect for offenders.
Kajian Hukum Terhadap Klausula Baku Non-Refundable Dalam Perjanjian Pemesanan Hotel Online Suwandy, Davita Maisinda; Safrawa, Debby; Maretha, Dina Rizki
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.17778618

Abstract

The digitalization of the tourism industry through Online Travel Agent (OTA) platforms has led to the widespread use of non-refundable standard clauses in hotel bookings, in which consumer payments cannot be returned in the event of cancellation. These clauses raise legal concerns because they are unilateral in nature and potentially violate the principle of contractual balance. This normative (doctrinal) legal research aims to analyze the pattern of applying non-refundable clauses that are considered detrimental to consumers and to assess their compliance with the principles of transparency and clear information as regulated in Law Number 8 of 1999 on Consumer Protection (UUPK). The results and discussion show that non-refundable clauses are often applied rigidly and absolutely, even in cases of cancellations caused by system errors or force majeure, which substantively reduces consumer rights and potentially conflicts with Article 18 of the UUPK. In addition, the presentation of non-refundable information that is not prominent or is vague on digital platforms leads to consumer consent that is not based on full awareness, violating consumers’ rights to accurate, clear, and honest information (Articles 4 and 7 of the UUPK). It is concluded that the validity of such clauses highly depends on the transparency of information and the good faith of business actors. There is a need for regulatory reinforcement and industry standards that guarantee consumers’ rights to obtain fair refunds under certain conditions.
Pertanggungjawaban Aparat atas Kesalahan Prosedural dalam Kasus Salah Tangkap Ditinjau dari Filsafat Hukum Hidayat, Muhammad Rahmadzani
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.17798937

Abstract

Procedural errors by law enforcement officers that result in wrongful arrests constitute a serious violation of human rights and fundamental principles of justice. This study examines the mechanisms of legal accountability for officers responsible for such errors and analyzes them through the lens of legal philosophy. Using a normative juridical method, this research identifies criminal, civil, administrative, and pretrial remedies as instruments to correct unlawful arrests. Philosophically, the perspectives of Aristotle, Fuller, and Radbruch show that wrongful arrest is not merely a technical mistake but a moral failure that undermines the state's legitimacy in exercising its authority. Therefore, holding officers accountable is essential not only for legal certainty but also for safeguarding substantive justice and restoring public trust in the criminal justice system.
Legal Accountability for Environmental Impacts Resulting from the Use of Tear Gas in Public Demonstrations Maghfiroh, Laily
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.177072

Abstract

This study aims to analyze the form of legal liability for environmental pollution caused by the use of tear gas during the demonstration on August 28–29, 2025, in Jakarta, as well as to examine the environmental impacts resulting from the use of such chemical agents. The research employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of primary sources, including the 1945 Constitution of the Republic of Indonesia, Law Number 32 of 2009 on Environmental Protection and Management, and various relevant police regulations, supported by secondary and tertiary legal materials. The analysis is conducted through a descriptive qualitative approach, comparing the empirical reality of tear gas use that leads to pollution and public health impacts with the legal norms that should guide law enforcement officials in accordance with environmental law principles and human rights standards. The findings indicate that the use of tear gas in crowd control activities has the potential to violate environmental law provisions, cause air pollution, and negatively affect public health and the ecological balance in the affected areas.    

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