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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 35 Documents
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Search results for , issue "Vol 4, No 2 (2026): June" : 35 Documents clear
Power Relations in the Sexual Exploitation of Children in the Case of the Rape of Female Islamic Boarding School Students in the City of Bandung Purwananda, Diwan Azka; Maulana, Muhamad Ibnu; Dzikrillah, Muhamad Khaerul; Indriyany, Ika Arinia
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18844297

Abstract

This study aims to analyze the role of power relations in the occurrence of child sexual exploitation in the case of the rape of female Islamic boarding school students in Bandung. The research employed a qualitative approach with a critical case study design. Data were collected through document analysis of court decisions, media reports, and relevant academic literature, using a document analysis guideline and source triangulation. Data were analyzed interpretatively to examine the perpetrator’s social position, the victim’s structural dependency, and patterns of domination within the educational institution. The findings reveal that sexual exploitation occurred within socially and symbolically legitimized non-formal power relations, producing structural inequality and limiting the victim’s capacity to resist. The study demonstrates that child sexual exploitation constitutes a structural phenomenon rooted in unequal power distribution within institutions rather than merely an individual criminal act. Strengthening institutional oversight and restructuring power relations are therefore essential for prevention.
Candidate Substitution and Sherly Tjoanda’s Victory in the 2024 North Maluku Regional Election: A Feminist Institutional Perspective N, Neni; N, Nur’aini; Indriany, Ika Arinia
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18995256

Abstract

This study analyzes Sherly Tjoanda's victory in the 2024 North Maluku regional election from a feminist institutional perspective. The study aims to understand how political structures, gender norms, and institutional dynamics influence women's opportunities in local political contestation. The research uses a qualitative method with a case study approach through document analysis and media coverage. The results show that Sherly Tjoanda's victory reflects opportunities for women's representation in politics, but is still influenced by existing power structures and political networks. This suggests that increasing women’s representation depends not only on electoral opportunities but also on changes in structures and norms within the political system.
The Role of Kediri Regency Government Policies in Tourism Development (A Case Study of Kampung Madu Tourism Village) Yulida, Sonia; Fauzi, Agus Machfud
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18993563

Abstract

The development of tourism villages has become one of the strategies of local governments to promote community-based tourism development. Kampung Madu Tourism Village in Bringin Village, Badas District, Kediri Regency is an educational tourism destination based on honeybee cultivation and has significant potential to support the local economy. However, its development still faces several challenges, such as limited infrastructure, human resource capacity, and suboptimal digital promotion. This study aims to analyze the role of Kediri Regency government policies in the development of Kampung Madu Tourism Village.This research employs a descriptive qualitative approach with data collection techniques including in-depth interviews, field observations, and documentation. The research informants consist of village government officials, tourism village managers, local communities, the Kediri Regency Tourism Office, and members of the Regional House of Representatives (DPRD). Data analysis was conducted using the Miles and Huberman interactive model through the stages of data reduction, data presentation, and conclusion drawing. The results show that government policies play roles as facilitators, regulators, and mediators in the development of the tourism village. The village government plays a role in drafting village regulations, strengthening institutional capacity, and increasing community participation, while the regency government contributes through human resource training, tourism promotion, and cross-sector collaboration. Nevertheless, policy implementation still faces several challenges, including budget limitations, the technological capacity of the managers, and uneven community participation.
A Juridical Analysis of the Role of Incoterms 2000 in Risk Allocation Concerning Non-Tariff Barriers in Export-Import Transactions Christie, Michelle
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19435407

Abstract

The objective of this study is to analyze the role of Incoterms 2000 in the allocation of risks arising from non-tariff barriers in export-import transactions. As a form of international trade policy, non-tariff barriers manifest in various ways during the execution of transactions, such as shipment delays, detention, or rejection of goods in the destination country. These conditions not only impact technical aspects but also give rise to legal issues in the contractual relationship between the exporter and the importer. This study employs a normative legal research method using a legislative and conceptual approach. The results of the study indicate that Incoterms 2000 play a crucial role in determining risk allocation through the establishment of the point of risk transfer. With the provisions of Incoterms in place, it becomes clear which party is responsible should obstacles arise during the execution of a transaction. Therefore, selecting the appropriate type of Incoterms is vital to providing legal certainty and minimizing the potential for disputes in international trade in the future
Legal Protection for Fixed-Term Employment (PKWT) Workers Against Unilateral Contract Termination Based on Labor Law from a Labor Law Perspective Christie, Michelle
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19435783

Abstract

The prevalence of unilateral termination of employment contracts for workers with a Fixed-Term Employment Agreement (PKWT) indicates the weak legal protection in labor practices. This study aims to analyze the regulation of PKWT and the effectiveness of legal protection against unilateral contract termination from a labor law perspective. The method used is normative legal research with statutory and conceptual approaches. The results show that although the legislation regulates the prohibition of unilateral termination and the obligation to provide compensation, its implementation has not been optimal. This is influenced by workers’ low awareness of their rights, weak bargaining positions, and limited access to dispute resolution mechanisms. Therefore, strengthening supervision and increasing legal awareness are necessary to ensure more effective protection for workers.
Legal Protection for Workers Experiencing Workplace Accidents and Corporate Liability (Case Study of PT ASL Shipyard Indonesia) Rhemrev, Evellyn Abigael
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19479166

Abstract

Workplace accidents are a problem that cannot be separated from industrial relations and are prone to occur. This case study examines the implementation of occupational safety and health (OSH) at PT ASL Shipyard Indonesia, as well as the forms and limitations of the company’s legal responsibility in workplace accidents that result in losses for workers. As a normative juridical study, statutory and case approaches are used. The results of the study indicate that companies must implement OSH consistently to protect the workers. The company’s responsibility for workplace accidents includes preventive and repressive measures, as well as a civil and criminal liability. The workplace accident that occurred at PT ASL Shipyard show negligence in the implementation of safety standards, particularly in terms of supervision and the execution of safety procedures. Therefore, to improve worker protection and minimize the risk of workplace accidents, it is necessary to strengthen the implementation of OSH and ensure consistent law enforcement.
Efektivitas Mediasi Pertanahan dalam Penyelesaian Sengketa Tanah di Luar Pengadilan Alyamonica, Nicky; Brilliant, Seila Beuty; Nabilah, Nuha Ayu
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19248542

Abstract

This study examines the effectiveness of land mediation as an out-of-court dispute resolution mechanism facilitated by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. The research is grounded in the high incidence of land conflicts that often generate legal uncertainty, high costs, and social tension when resolved through litigation. Using a normative legal approach, this study analyzes the relevant regulatory framework, including Law Number 5 of 1960 on Basic Agrarian Principles, Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, and Ministerial Regulation of ATR/BPN Number 21 of 2020 on Handling and Settlement of Land Cases. The findings indicate that mediation provides a participatory dialogue space, encourages voluntary agreements, and helps preserve social relations among disputing parties. Compared to litigation, mediation is more efficient in terms of time and cost and allows context-sensitive solutions tailored to the parties’ needs. However, its effectiveness is influenced by mediator competence, bargaining balance, and the parties’ legal awareness. Strengthening mediator capacity and improving public understanding of mediation procedures are essential recommendations to enhance mediation’s role in delivering legal certainty and substantive justice in land dispute resolution in Indonesia.
Analysis of the Protection of Workers' Rights in Mass Termination of Employment (Mass Layoffs) in the Omnibus Law Era (A Case Study of the Indonesian Manufacturing Industry Sector) Kheista, Kendelif
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19434836

Abstract

The enactment of Law No. 6 of 2023 on Job Creation has triggered a fundamental shift in the internal procedures governing mass redundancies in Indonesia. This study will examine the effectiveness of worker protection in the manufacturing sector following the implementation of this regulation, using a normative legal approach. Field findings indicate that certain procedures have been streamlined for the sake of business efficiency; conversely, this simplification has created legal loopholes that undermine the right to severance pay and job security. The author emphasises the need for a re-evaluation of labour oversight to uphold the integrity of worker protection amidst the current wave of investment.
Juridical Analysis of the Imposition of VAT on Contra Discount Revenue in Supreme Court Decision Number 5926B/PK/PJK/2025 Lie, Gunardi; Rizky, Aufa Fakhrana
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19548442

Abstract

This study examines various legal issues arising in the application of Value Added Tax (VAT) on the utilization of Taxable Services obtained from outside the customs territory. Focusing on the classification of Contra Discount Revenue in the credit card industry. This study is motivated by differing interpretations between tax authorities and taxpayers regarding the scope of financial services that are excluded from taxable objects. This research applies a normative juridical method with a case-based approach, conducted through an analysis of Supreme Court Decision Number 5926/B/PK/PJK/2025, this study examines the judges' considerations in canceling fiscal corrections. The results show that Contra Discount Revenue is substantially an integral part of credit card business operations as regulated in Article 4A paragraph (3) letter d of the VAT Law, therefore it is not appropriate to classify it asmanagement service fees subject to VAT. This Supreme Court Decree reaffirms the supremacy of the substance over form principle, which requires tax authorities to ensure legal certainty and fairness for taxpayers in the cross-border financial sector.
Evaluation of the Implementation of the Principle of Justice in Tax Collection on Individual Taxpayers Elmaniz, Shahrazad
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19589147

Abstract

This study focuses on evaluating the application of the principle of fairness in the tax collection system for individual taxpayers in Indonesia. As a fundamental foundation, the principle of fairness demands a proportional distribution of the tax burden based on economic capacity or ability to pay. By adopting a normative legal methodology through regulatory and conceptual approaches, this study qualitatively analyzes secondary data. Research findings indicate that normative manifestations of fairness have been integrated through the progressive Income Tax (PPh) tariff scheme and the Non-Taxable Income (PTKP) instrument, which represents the dimensions of vertical and horizontal fairness. However, the effectiveness of its implementation in the field is still hampered by regulatory complexity, minimal taxpayer compliance, and the phenomena of tax avoidance and evasion. Furthermore, weaknesses in the self-assessment system, which relies on taxpayer integrity, require regulatory simplification, strengthened oversight, and greater transparency to create a sustainable tax ecosystem.

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