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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 136 Documents
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Search results for , issue "Vol 4, No 1 (2026): March" : 136 Documents clear
Criminal Liability of Influencers as Online Gambling Affiliates from the Perspective of Information Technology Law Rahayu, Anggita Dwi; Maghfiroh, Laily; Salsabila, Syana Mifta; Putri, Syifadilla Subagyo
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.17847357

Abstract

The development of information technology has significantly transformed commercial practices and communication, including the growing prevalence of online gambling promoted on social media by influencers or affiliators. This phenomenon raises legal concerns because such promotions constitute the distribution of gambling-related information, which is explicitly prohibited under Article 303 of the Indonesian Criminal Code (KUHP) and Article 27(2) jo. Article 45(3) of the Electronic Information and Transactions Law (UU ITE). This study aims to analyze the form of criminal liability imposed on influencers acting as online gambling affiliators and examine the application of criminal provisions under the UU ITE in relation to their involvement. Using a normative juridical method with statutory and conceptual approaches, this research finds that any affiliator who intentionally uploads, distributes, or provides access to online gambling websites may be held criminally liable unless a valid excuse eliminates their culpability. Paid promotional activities indicate intent, thereby fulfilling the element of unlawfulness and allowing the perpetrator to be charged based on their level of involvement, whether under Article 303 of the KUHP or the provisions of the UU ITE. However, the enforcement of criminal sanctions remains challenging, particularly in the evidentiary process, as it relies heavily on the validity of electronic evidence such as transaction records, social media uploads, or other digital traces. The absence of detailed technical guidelines for the collection and examination of digital evidence hampers optimal investigation and prosecution
Analisis Yuridis Keterbatasan Penegakan Hukum Terhadap Kejahatan Perdagangan Manusia Transnasional (Studi Kasus Human Traffic di Kamboja) L, Lazarus; Hidayat, Muhammad Rahmadzani; Aini, Qurrotul; Zahra, Raisya Syafira
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.17877461

Abstract

This study conducts a juridical analysis of the limitations in law enforcement against transnational human trafficking (TPPO), focusing on the case study of Indonesian citizens (WNI) exploited in Cambodia through online fraud schemes (scam compounds). Although both Indonesia and Cambodia are bound by international (UNTOC, Palermo Protocol) and regional (ACTIP, MLAT) legal instruments, the effectiveness of cross-border cooperation remains far from optimal. The research identifies major obstacles stemming from inconsistencies in the legal definitions of TPPO and standards of proof, weak mechanisms for extradition and Mutual Legal Assistance (MLA), and inadequate information exchange. Specifically in Cambodia, enforcement is hampered by the inconsistent application of the 2008 TSE Law, insufficient victim protection, and high levels of structural corruption. Using a normative juridical approach, this study concludes that human trafficking, as an extraordinary crime, cannot be addressed unilaterally. It requires strengthened and integrated international cooperation including the optimization of MLA, extradition, the formation of Joint Investigation Teams (JITs), and the harmonization of regulations at the ASEAN level to close legal loopholes and enhance the justice response. Recommendations include improving the capacity of investigators, standardizing TPPO definitions, and establishing comprehensive victim protection mechanisms.
Evaluating the Legality of GI Airline Standard Terms Through Contract Anatomy and Consumer Protection Frameworks Gunawan, Clarissa; Sashenka, Kendrapatya Grisha; Putra, Nur Dwi Andhika; Nurrahma, Nazara Anisa; Khaedar Ali, Mochamad Daffa; Aryanti, Dwi
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

Abstract

This study analyzes the contract between GI as an airline service provider and consumers based on contract anatomy and applicable legal foundations. The analysis focuses on the conformity of the contract's content with contract law principles, the rights and obligations of the parties involved, and consumer protection. The results indicate that the contract clearly stipulates rights and obligations, yet certain legal aspects need to be strengthened to optimally safeguard consumer interests
Perlindungan Hak Pihak Ketiga dalam Perkara Perdata Elektronik: Analisis Terhadap Potensi Abuse of Process (Menelaah Potensi Pelanggaran Hak Akibat Efesiensi Prosedural Digital) Santoso, Alisya Putri; Wiraguna, Sidi Ahyar
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.17865494

Abstract

The digital transformation of civil litigation through e-court and e-litigation systems has significantly improved efficiency and accessibility within Indonesia’s judiciary. However, this procedural acceleration also presents new challenges, particularly regarding the protection of third-party rights that may be affected despite not being primary litigants. Using a normative juridical method supported by conceptual and comparative approaches, this study examines the extent to which the current system accommodates third-party interests and identifies potential abuse of process arising from digital efficiencies. The findings indicate that although third-party intervention mechanisms are formally recognized under the HIR and RBg, their implementation within electronic proceedings remains limited due to technical barriers, unequal access to information, and risks of procedural or evidentiary manipulation. These issues highlight the need to strengthen technical regulations, enhance transparency of digital documents, and enforce stricter verification of electronic notifications and evidence integrity. Such improvements are essential to ensure that judicial digitalization not only accelerates procedures but also upholds substantive justice for all interested parties, including third parties.
Juridical Analysis of Non-Consensual AI-Generated Sexual Content as Digital Voyeurism in Indonesian Criminal Law Syahrani, Devy Fitri; Primananda, Muhammad Athaya; Paramesti, Nirwasita Zada; Zalifah, Yearta Kurnia; Adhi Nugroho, Andriyanto
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.17810678

Abstract

This study examines Non-Consensual AI-Generated Sexual Content as a form of digital voyeurism under Indonesian criminal law. Using a normative juridical method, the research analyzes the application of the Electronic Information and Transactions Law, Pornography Law, Sexual Violence Law, and Personal Data Protection Law in addressing deepfake pornography that manipulates a victim’s image without consent. The findings show that such acts constitute layered criminal offenses, including electronic data manipulation, obscenity violations, electronic-based sexual violence, and personal data misuse. However, law enforcement faces significant challenges, including technical detection issues, lack of AI-specific regulations, perpetrator anonymity, and cross-border jurisdiction barriers. This study highlights the need for dedicated AI regulation and strengthened law-enforcement capacity to ensure effective victim protection.
Pembatasan Tingkat Komponen Dalam Negeri (TKDN) sebagai Hambatan Non-Tarif: Perspektif TRIMs dan Konsekuensi bagi Indonesia Arthaleza, Fergie Brillian
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.17858040

Abstract

Indonesia uses the Domestic Component Level (TKDN) policy to strengthen the competitiveness of its national industry by increasing the use of local components, but its implementation is closely related to international obligations, particularly within the framework of the Agreement on Trade-Related Investment Measures (TRIMs). This study aims to analyze the regulation and implementation of TKDN in foreign investment and assess its compliance with TRIMs provisions, while identifying potential legal consequences if the policy is deemed inconsistent with WTO commitments. This study uses a normative legal method with a legislative, conceptual, and case approach, supported by primary legal materials in the form of TKDN and TRIMs Agreement regulations as well as secondary legal materials from academic literature. The results of the study show that although TKDN has strategic objectives such as encouraging technology transfer, increasing industrial capacity, and reducing import dependency, some of its provisions have the potential to fulfill the local content requirements prohibited by TRIMs. This condition could lead to the risk of disputes, trade retaliation, and a decline in foreign investor confidence. Therefore, policy harmonization is needed so that TKDN remains effective in supporting national industrial development without conflicting with Indonesia's international trade obligations.
Analisis Putusan Perbuatan Melawan Hukum Perkara Nomor: 359/Pdt.G/2024/PN Jkt.Brt Efriliani, Firial Tiara; Oktaviani, Risa Dewi; S, Sulastri
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.17900933

Abstract

This study discusses how the principles of contract law are applied in civil disputes in Decision Number 359/Pdt.G/2024/PN West Jakarta. The conflict arose from a lease agreement between PT. Tropic World Paradise and Liauw Reolita, when the absence of a building permit (IMB/PBG) was considered to be hindering the tenant's business. A lawsuit was then filed based on Article 1365 of the Civil Code, involving the notary who drafted the lease agreement. The results of the study show that the allegation of unlawful acts was not proven. The judge ruled that the plaintiff had been aware of the condition of the building from the outset, that the agreement was valid, and that the notary had performed his duties in accordance with his authority. Conversely, the plaintiff was found to have committed an unlawful act by continuing to occupy the building after the lease period had ended. Finally, the lawsuit was dismissed and the counterclaim was granted. This finding emphasizes the importance of good faith, legal certainty, and clear evidence in determining the responsibilities of the parties in a lease agreement.
Analisis Yuridis Kerangka Hukum Pencapaian Net Zero Emission Mengenai Perlindungan Hak atas Lingkungan Hidup terhadap Operasional PLTU Batubara di Indonesia Hidayat, Muhammad Rahmadzani
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.17850658

Abstract

Indonesia faces significant challenges in balancing energy needs with environmental protection. Coal-fired power plants remain the dominant energy source, yet they generate high emissions and pose public health risks. This study applies a normative-juridical method to analyze the effectiveness of the national legal framework in supporting the achievement of Net Zero Emissions (NZE) and protecting environmental rights. The results show that existing regulations support the energy transition, but implementation remains hampered by coal dominance, weak oversight, and minimal public participation. Legal strengthening, policy integration, and accountability are key to ensuring a sustainable and equitable energy transition.
Regulation of Securities Offering Through Equity Crowdfunding: A Juridical Comparison Between Indonesia and Singapore Fattaya, Zalfa
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.17890831

Abstract

The purpose of this study is to examine and analyze the legal framework governing the offering of securities through equity crowdfunding in Indonesia and Singapore, as well as to identify the similarities and differences between the two regulatory regimes. This research employs a normative legal research method, which focuses on the study of applicable positive legal norms and relevant legal doctrines. This method was chosen because the research centers on the analysis of legislation and legal concepts governing securities offerings through equity crowdfunding, as well as investor protection mechanisms in the legal systems of Indonesia and Singapore.The results of this study show that, in comparing the regulatory frameworks, although both countries share the same objective of balancing innovation and market protection, they differ significantly in their approaches. Singapore adopts a principle-based approach emphasizing intermediary integrity, whereby platform operators are required to meet the high standards of the Capital Markets Services (CMS) Licence and apply investor segmentation (Accredited vs. Retail) to tailor protection. In contrast, Indonesia implements a rules-based approach that prioritizes inclusiveness, imposing specific limitations on issuer profiles (non-conglomerate MSMEs) and applying direct interventions to mitigate risks for retail investors through investment caps based on a percentage of income.
Analisis Kasus Eksekusi Jaminan Hak Tanggungan Dalam Perkara Kredit Macet Dengan Menimbang Pada Undang-Undang Nomor 4 Tahun 1996 Tentang Hak Tanggungan Abdallah, Raffi Ikzaaz; Aritonang, Kaleb Otniel; Naufal, Abyan Hafizd; Adyuanas, Affan; Tarina, Dwi Desi Yayi
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.17838411

Abstract

This study aims to analyze the application of Law Number 4 of 1996 concerning Mortgage Rights in cases of collateral execution in bad debt cases, with a focus on legal certainty and legal protection for the parties. The research method used is normative analysis with a case study through a normative juridical approach, namely analyzing relevant laws and regulations and relating them to a concrete case in Supreme Court Decision Number 3209 K/Pdt/2012. The results of the study show that although the Security Rights Law has provided a strong legal basis for the execution of security rights, in practice there are still obstacles in enforcing legal certanity, especially regarding execution procedures and the protection of debtor rights. This study emphasizes the importance of legal certainty in the execution of mortgage rights as a guarantee for the stability of the banking system and the protection of the rights of parties involved in credit agreements.

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