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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 131 Documents
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Search results for , issue "Vol 4, No 1 (2026): March" : 131 Documents clear
Analisis Implementasi Perjanjian Trips dalam Perlindungan Hak Kekayaan Intelektual di Indonesia Amelia, Dean Putri
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study analyzes the implementation of the Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement in the Intellectual Property Rights (IPR) protection system in Indonesia. As a member of the World Trade Organization (WTO) since 1995, Indonesia is obliged to adopt TRIPs provisions into national law based on the principle of single undertaking. This obligation has prompted the government to harmonize IPR regulations through the enactment of more comprehensive laws, such as the Copyright Law, the Patent Law, and the Trademark and Geographical Indications Law. This harmonization aims to create legal certainty, encourage innovation, and ensure effective protection of the creative output of the community. In practice, the implementation of TRIPs in Indonesia still faces challenges, including high levels of copyright infringement, weak law enforcement, and Indonesia's position as a net importer of technology, which leads to dependence on protection standards that favor developed countries. In addition, international pressure in the implementation of TRIPs often reflects an imbalance of interests between developed and developing countries. Through normative legal analysis, this study finds that although Indonesia has significantly harmonized its regulations, the effectiveness of TRIPs implementation still depends heavily on strengthening law enforcement mechanisms and increasing national capacity in the field of technology and innovation.
Analisis Yuridis Peran Bank Indonesia sebagai Regulator Makroprudensial dalam Sistem Perbankan Indonesia Laroyba, Muhammad; Putra, Zidhan Azhari Syah; Darussalam, Rezky Fabyo
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17898446

Abstract

This study examines the legal foundations and effectiveness of Bank Indonesia’s role as the national macroprudential regulator. The research highlights how the evolution of Indonesia’s financial regulatory framework—beginning with the Bank Indonesia Act, strengthened through the Financial System Crisis Prevention and Mitigation Act (PPKSK), and further consolidated under the 2023 Financial Sector Development and Strengthening Act (PPSK)—has established Bank Indonesia as the single macroprudential authority. Through this mandate, Bank Indonesia implements a range of instruments, including Loan-to-Value and Financing-to-Value ratios, the Countercyclical Capital Buffer, and macroprudential liquidity ratios designed to manage systemic risk, mitigate credit cycles, and reinforce banking system resilience. The analysis shows that the development of macroprudential policy in Indonesia was shaped by the global financial crisis of 2007–2009, which exposed the inadequacies of microprudential supervision alone. Despite a strong legal basis, several challenges remain, particularly overlapping authority with the Financial Services Authority (OJK), coordination gaps within the Financial System Stability Committee (KSSK), and the absence of a clearly defined resolution authority for systemically important banks. Using a normative legal method complemented by limited empirical insights, this research concludes that while the legal architecture supporting Bank Indonesia’s macroprudential authority has become increasingly robust, further institutional harmonization is required to ensure effective and coherent financial system stability management.. 
Urgensi Analisis Pertanggungjawaban Hukum Terhadap Pelaku Kejahatan Dengan Kepribadian Ganda (Dissociative Identity Disorder) Nisa, Khoirun; Rosando, Abraham Ferry
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17847892

Abstract

This study discusses the urgency of analyzing criminal liability for perpetrators of crimes with multiple personalities or Dissociative Identity Disorder (DID), a mental disorder that causes an individual to have more than one identity that can take over consciousness. The presence of this disorder raises legal issues regarding the perpetrator's ability to understand and control their actions, which is an absolute requirement for criminal liability in Indonesian criminal law. This study aims to determine and understand the urgency of analyzing legal liability for perpetrators of crimes with DID and provide recommendations regarding the form of regulation that should be applied.The research method used is a juridicalnormative approach by analyzing the provisions of the Criminal Code, Criminal procedure Code, Health Law, as well as legal and forensic psychiatric literature. The study's findings show that DID may affect the degree of the offender's guilt,particularly if the criminal's personality is not under the main identity, so that the perpetrator loses the ability to take responsibility. Therefore, the involvement of forensic psychiatrists is very important in determining the perpetrator's mentalt Satus at the time of the occurrence. This research advises the introduction of Specific laws that control the examination mechanism and standards for assessing the ability to take responsibility for people with DID, including rehabilitation procedures and community protection. Thus, it is hoped that these regulations willr Create legal certainty, substantive justice, and balanced protection for perrpetrators, victims, and the community.
Penyelesaian Sengketa Wanprestasi Melalui Jalur Mediasi dalam Perkara Utang Piutang Putusan No. 69/Pdt.G/2025/PN SDK Rachmania, Anita Sunny; Pasaribu, Erika Esteria; Ahmad, Nisa Auliya; Nur’Aini, Siti
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17880234

Abstract

This paper examines the resolution of a civil dispute in Decision Number 69/Pdt.G/2025/PN Sdk, which concluded with a peace deed (akte van dading) between the Semeru Civil Servants Savings and Loan Cooperative and the defendant. This study employs a normative juridical method by analyzing the court decision, the Indonesian Civil Code provisions, and regulations issued by the Supreme Court regarding mediation and settlement agreements. The findings reveal that a peace agreement constitutes an effective dispute resolution mechanism, as it obtains permanent legal force once ratified by the court. The decision demonstrates that a settlement can legally terminate the parties’ obligations as long as it fulfills the validity requirements of a contract under Article 1320 of the Indonesian Civil Code and does not violate law or public order. Therefore, peace agreements play a significant role in the law of obligations as a fast and efficient alternative dispute resolution method that emphasizes a win–win solution for the parties involved.
Analysis of the Implementation of Muamalah Principles in the Operations of a Sharia Hotel (Case Study at Savindra Residence) Fikri, Muhammad Ali; Maulana, Muhammad Iqbal; H, Hana Putri; J, Jaenudin; Herdiana, Dian
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17838181

Abstract

This study examines how muamalah principles are implemented in the daily operations of a sharia hotel in Indonesia. Using a qualitative descriptive-analytic approach, data were collected through interviews, observations, and literature reviews, including DSN-MUI Fatwa No.108/2016. The findings show that the hotel applies sharia-compliant service contracts by strictly verifying marital status, preventing unlawful activities, and ensuring transparency in every transaction. Ethical values such as amanah and ihsan are reflected in the staff’s polite yet firm attitude when communicating rules to guests. However, challenges remain, including limited guest understanding of sharia regulations, insufficient supporting facilities, and occasional security issues. The study concludes that although the hotel has generally upheld muamalah principles, improvements in guest education and sharia-based facilities are still needed for more optimal implementation
Keseimbangan Tanggung Jawab Hukum antara Multinational Corporation dan Negara Tuan Rumah dalam Foreign Direct Investment di Indonesia Ilela, Prissly Lionny
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17866845

Abstract

This study discusses the balance of responsibility between multinational corporations (MNCs) and host countries in the management of Foreign Direct Investment (FDI) in Indonesia. The main legal issue lies in how MNCs' obligations and responsibilities relate to national law and how host countries create legal certainty and oversee the implementation of foreign investment in line with national interests. The purpose of this study is to analyze the legal position of MNCs in the implementation of FDI, the role of host countries in creating a balance of responsibilities, and the dynamics of the relationship between MNCs and Indonesia, which is often marked by conflicts of economic interests and national sovereignty. This study uses a normative-empirical legal research method, with a legislative, case, and conceptual approach. The results show that MNCs are obliged to comply with national laws, implement corporate social responsibility (CSR), and preserve the environment. The host country plays an important role in providing legal certainty, protection, and investment facilities through policies such as the Job Creation Law and the Online Single Submission (OSS) system. However, overlapping central and regional authorities and weak implementation of implementing regulations remain obstacles. The case of PT Freeport Indonesia illustrates that through negotiation and dialogue, conflicts between MNCs and the government can be resolved with a win-win solution that benefits both parties.
Efektivitas OTT KPK Pasca Revisi UU KPK dalam Mengungkap Korupsi Sistemik di Pemerintahan Daerah: Studi Kasus Gubernur Riau H, Hilaliah
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study analyzes the effectiveness of the Corruption Eradication Commission’s (KPK) Sting Operations (Operasi Tangkap Tangan/OTT) after the revision of Law Number 19 of 2019 on the KPK in uncovering systemic corruption in regional governments, using the OTT involving the Governor of Riau as a case study. The research employs a qualitative method with a case study approach through the analysis of legal documents and secondary data. The findings indicate that although OTTs remain effective as preliminary evidence in exposing systemic corruption, their implementation faces significant challenges following the amendment of the KPK Law, including restrictions on authority due to the supervisory board’s permit mechanism, changes in institutional status, and political as well as social complexities. The Riau Governor case study reveals systemic corruption patterns involving executive–legislative networks, the use of religious symbols for legitimacy, and resistance from political elites. The study recommends strengthening a progressive legal framework, optimizing the role of the Supervisory Board, adopting more integrative OTT strategies, and reforming regional governance to enhance the effectiveness of combating systemic corruption.
Ketika Masyarakat Mengadili: Studi sosiologi Hukum tentang Praktik Hukuman Sosial di Era Digital Simamora, Lidia Theresia Rotua
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17861701

Abstract

The phenomenon of social punishment has become increasingly widespread today due to the growing use of social media as a space for interaction among the public. In the digital sphere, people can instantly impose social sanctions by posting comments, sharing news, forming collective opinions, and engaging in “cancel culture” against individuals perceived to have violated norms. These events often occur before—or even without—the formal legal processes that should serve as the legitimate means of resolving disputes. This study aims to analyze various forms of digital social punishment, the social and cultural factors that drive these mechanisms, and the impact of this phenomenon on public perceptions of the legitimacy and effectiveness of formal law. Using a socio-legal perspective, this research highlights the role of society as an informal enforcer of norms and examines how interactions on digital platforms shape new modes of norm application. The analysis shows that social punishment in the digital era can strengthen normative awareness and promote respect for the law, but it can also lead to issues such as stigma, injustice, and online judgments lacking verified information. These findings emphasize the need for greater alignment between informal social control mechanisms and the formal legal system to create balance in the application of norms within digital society.
Telaah Filsafat Hukum terhadap Restorative Justice sebagai Upaya Dekonstruksi Paradigma Retributif dalam Sistem Pemidanaan di Indonesia Hakeem, Mirza Athaya Ghaisan; Valentara, Aqiila Banyu; Faidzuddin, Achmad; Athalla Rilya, Muhammad Avin
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17851225

Abstract

The development of criminal law in Indonesia shows a paradigm shift from a retributive to a restorative approach, particularly following the enactment of Law Number 1 of 2023 concerning the new Criminal Code (KUHP). This study aims to analyze the position of restorative justice as a mechanism to deconstruct the retributive paradigm and to evaluate its implementation in Indonesian criminal sentencing practices. The research uses normative legal methods with statutory and conceptual approaches, examining legal principles, frameworks, and relevant doctrines. The findings indicate that restorative justice plays a strategic role in shifting the focus of criminal law from mere punishment to victim restoration, offender accountability, and social reconciliation. Its application is supported by normative regulations and mediation practices involving victims, offenders, families, and communities, delivering substantive justice while reducing recidivism. Despite challenges such as varying interpretations among law enforcement officials and power imbalances between victims and offenders, restorative justice proves to be an effective mechanism for establishing a more humane, responsive, and just criminal justice system in Indonesia.
Tindakan Ultra Vires Pada Perseroan Perorangan yang Menyebabkan Penghapusan Tanggung Jawab Terbatas: Studi Komparatif Dengan Single Member Company (Sdn. Bhd) di Malaysia Azizah, Hasna
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17894180

Abstract

This study examines the position and limits of liability of a sole shareholder in a Single-Member Company, including the application of the doctrines of ultra vires and piercing the corporate veil to directors’ actions that exceed their authority. Using a normative juridical approach and a comparative analysis with Malaysia’s Companies Act 2016, the research finds that Indonesian regulations remain insufficient in providing internal oversight mechanisms for companies owned by a single individual. Although the principles of asset separation and limited liability are recognized, the concentration of control in one person increases the risk of ultra vires actions, which may justify the removal of limited liability protections. Accordingly, Indonesia must strengthen its regulatory framework to ensure legal certainty and adequate protection for creditors, owners, and other stakeholders.

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