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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 798 Documents
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Analisis Kasus Wanprestasi Dalam Transaksi Jual Beli Secara “Online” Ramadhani, Dwi Aryanti; Dewani, Citranti Hanifah; Nurhayati, Elsa; Zaini, Noer Gita Safira; Rahmadhani, Swastika
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11402186

Abstract

Agreements in e-commerce and ordinary agreements are not much different, the only difference is the form and application. Default is a term taken from the Dutch word wanprestatie which means failure to fulfill achievements or obligations in an agreement. In this study the author analyzes the court decision regarding default in online / e-commerce sales and purchase agreements, namely Decision Number 629/Pdt.G/2020/PN JKT.SEL" The results of this study show that the legal remedies taken by the Plaintiff for the breach of contract carried out after carry out an analysis regarding the elements of the default committed, evidence is needed and the application of relevant articles that will be used in the dispute resolution process. The legal remedy taken by the Plaintiff for breach of contract was that the Plaintiff gave a warning via subpoena from the Plaintiff's Attorney 2 (two) times, dated 10 and 22 July 2020, where in the first (first) subpoena the Defendant only sent 265 bags on 19 July 2020. Because the Defendant was uncommitted and inconsistent, the Plaintiff filed a lawsuit against the Panel of Judges to examine and decide on the case, punishing the Defendant to obey and submit to the decision/determination of the District Court. The Plaintiff also calculated and based on the law requested that the Defendant return the Plaintiff's money including the obligation to pay an administrative fine of 1.5% (One point five percent) of the Total Transaction.
Perlindungan Hak Asasi Manusia Terhadap Perdagangan Orang Dalam Kasus Lintas Negara H, Harti; Ilmih, Andi Aina
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Crimes such as human trafficking, drug trafficking, money laundering and terrorism pose serious threats to the security and well-being of the international community. Organized transnational crime not only poses a threat to global security, but is also a highly profitable business for the perpetrators. Transnational crime, including human trafficking and human smuggling, remains a serious threat faced by almost all countries. Criminal groups involved in human trafficking often operate in hidden black markets, difficult to identify and stop. Human trafficking knows no boundaries of gender, age, status, ethnicity or nationality. Victims can come from various backgrounds and socio-economic conditions. Factors such as poverty or an unsafe living environment can increase a person's risk of becoming a target for human trafficking. Human traffickers, or what are often referred to as traffickers, use various methods and strategies to recruit victims. As globalization continues to grow stronger, the global community must face various complex issues that develop from ideology to practical impacts that occur in various regions of the country. One of the significant impacts of globalization is the emergence of various types of disturbing transnational crimes.
Analisis Kriminal Santet Sebagai Salah Satu Tindak Pidana Sesuai Dengan Perspektif Hukum RUU-KUHP di Indonesia Priambodo, Rodrigo; Nugroho, Widhi Cahyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11663616

Abstract

In overcoming a criminal problem, we will usually refer to the legal perspective of the Criminal Code Bill in Indonesia. This is because the existence of a case that causes victims and even causes death must be a serious problem in the law of the Draft Criminal Code. However, in this research the author will discuss the analysis of criminal cases caused by black magic which lead to the criminal act of the Criminal Code Bill in Indonesia. In fact, in cases of criminal acts that have existed in Indonesia so far, a judge has never given a decision for the criminal of black magic, this is due to the lack of authentic evidence related to proving that someone who is a victim of black magic actually exists. This has caused debate among all legal experts, plus several years ago the law that was passed according to the Draft Criminal Code was a law that discussed witchcraft as a criminal act whose punishment was already written in the Draft Criminal Code in Indonesia. In the debate itself, there were pros and cons to the decision submitted to the Supreme Court in ratifying the law, because one of the main factors from several legal experts who were against the ratification explained that if the evidence obtained is not accurate, how can we determine the perpetrator or victim in the matter. In this research, the type of research used in this thesis is normative research. This research method is used to determine legal rules, legal principles, and legal doctrines in order to answer the legal issues faced. This type of normative research is also often referred to as doctrinal research.
Analisis Hak Para Pekerja Dalam Perusahaan Yang Mengalami Kepailitan Nurdiannisa, Alifa; Hervinia H, Helen; Ariana H, Jessica; Loren, Medina
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11853588

Abstract

A company is not always in prime condition because certainly in a company experiencing liquidity problems, declining profitability, and ultimately can be threatened with bankruptcy caused by various factors. The process of bankruptcy of a company is brought to court by appointing a curator. In Indonesia, regulations have been set regarding this bankruptcy process which are contained in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. This regulation regulates the rights of workers if they are in a company that is bankrupt so that they know the steps that need to be taken. This study aims so that every worker who experiences something like this knows how the provisions that regulate, the elements that influence and the efforts that can be made in this situation. This study uses a normative juridical method that analyzes the legal norms that have been made. The data source comes from secondary legal data such as Law Number 37 of 2004, Law Number 13 of 2003. The data collection technique is in the form of literature studies. This study resulted in that every company that experiences bankruptcy is required to provide rights to workers who are laid off, namely in the form of pocket money since the bankruptcy decision so that workers' rights must be prioritized, and someone who is appointed to resolve bankruptcy problems is a curator.
Pengaruh Outsourcing Terhadap Keunggulan Kompetitif Perusahaan Puspadewi, Gladys Trias; Insani, Gema Mutiara; Hasnakusumah, Raisha Tiara; Rumbung, Krispinus Kevin
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12476932

Abstract

Outsourcing has become a common business strategy used by companies to improve operational efficiency and efficiency. However, the impact of outsourcing on the competitive advantage of companies remains a controversial topic.Outsourcing is a way in which companies hand over part of their business functions or processes to external parties or other companies that are more specialized in the field. The objective of outsourcing is to increase efficiency, reduce operating costs, and enable companies to focus on core competencies that are being experienced. The study aims to analyze the influence of outsourcing on the competitive advantage of companies. The study uses the methodology of literature review by analyzing various scientific sources, such as academic journals, books, and research reports. Research results show that outsourcing can have a positive and a negative impact on the competitive advantage of companies. The influence of outsourcing on the competitive advantage of a company depends on a variety of factors, such as the type of activity that is outsourced, the choice of the company to outsource, and the company's ability to manage the relationship. Therefore, companies need to carefully consider all these factors before deciding to do outsourcing.
Polemik Penetapan Upah Minimum Pekerja: Kebutuhan dan Gaji Minimum Yang Tidak Seimbang Putri, Dea Kumala
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11364198

Abstract

The purpose of this research is to analyze regulations in legal legislation that cover minimum wage rights for workers, namely Law Number 6 of 2024 Job Creation  concerning regulations on minimum wages for workers. This study was written using normative statutory legal techniques, namely through the results of sharp and deep thinking and based on Law No. 6 of 2024 Ciptaker. Accompanied by supporting analysis from related literature and books. This research found the final result that it turns out that Law Number 6 of 2024 on Job Creation has not been optimal in ensuring equality and welfare of workers regarding minimum wages, which ultimately gave birth to new polemics and created many social symptoms in society caused by economic factors, one of the causes of which is an imbalance between wages received and the amount of expenditure in an area.
Gugatan Pembatalan Perkawinan Yang Dinyatakan Tidak Diterima Akibat Penetapan Itsbat Nikah Antara Suami Dengan Istri Kedua Ditinjau Dari UU Perkawinan dan Hukum Acara Perdata (Studi Kasus Putusan Nomor 343/Pdt.G/2023/PTA.Sby) Rambe, Fitri Hanum; Djanuardi, Djanuardi; Rachmainy, Linda
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12627702

Abstract

Polygamous marriage in Indonesia can be carried out by fulfilling the requirements stipulated in the legislation. However, if these requirements are not met, the marriage can be annulled. The Surabaya High Court Decision No. 343/Pdt.G/2023/PTA.Sby is one such decision regarding a lawsuit for the annulment of a marriage filed by the first wife against her husband's polygamous marriage with the second wife, which was conducted without the consent of the lawful first wife. The decision stated that the lawsuit could not be accepted because the marriage proposed for annulment had already been dissolved due to death. This study aims to understand the basis for the lawsuit to annul the second marriage and the legal consequences on the status of the second marriage from the perspective of the Marriage Law and Civil Procedure Law. The author conducted this research using a normative juridical approach with a descriptive-analytical research specification. Data collection techniques were carried out through literature studies that gathered primary, secondary, and tertiary legal materials. The data analysis method was conducted through a normative qualitative method to address the legal issues in this study. Based on the research results, it can be concluded that the basis for the lawsuit to annul the second (polygamous) marriage did not meet the marriage requirements stipulated in Article 3 paragraph (2) of the Marriage Law, which states that a person engaging in polygamy must have the consent of the parties concerned. Furthermore, the legal consequence of the Surabaya High Court Decision No. 343/Pdt.G/2023/PTA.Sby, which stated that the lawsuit could not be accepted because the marriage had been dissolved due to death, is that the second marriage existed (was valid) along with its legal consequences.
Kepastian Hukum Terhadap Kasus Tumpang Tindih Pada Sebagian Bidang Tanah Yang Dikuasai oleh Dua Pihak Pemilik Sertipikat Hak Milik Waluya, Carrissa Nurfaliza; Aksinuddin, Saim; Soleh, Yudi Prihartanto
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11607805

Abstract

Since the enactment of the Basic Agrarian Law in 1960, Indonesia has established a national legal framework, replacing the colonial system that lacked legal certainty for its people. The integration of customary law principles was key in the development of national land law, balancing aspects of communal and individual ownership. Property rights to land are clearly outlined in the Basic Agrarian Law, facilitating the transfer of ownership. However, there are still cases of overlapping land certificates. This study adopts a juridical-normative research method, analyzing legislation on land registration. The research aims to deepen understanding of legal regulation and dispute resolution, in the hope of improving legal certainty and protection in land ownership in Indonesia. Overlaps in land titles are emerging as a significant problem. Factors such as absenteeism during land boundary mapping, certificate forgery, and unclear inheritance division contribute to this overlap. Addressing this issue requires appropriate measures. Data correction, mediation, re-survey, annulment of legal products, or litigation are potential solutions.
Perbandingan Hukum Perdata Tentang Orang dan Badan Hukum di Indonesia, Amerika dan Inggris Rafidah, Annisa Rahma; Nurrachman, Azzahra
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12190210

Abstract

Legal subjects are anything that can obtain rights and obligations from the law. Legal subjects are bearers of rights or subjects in law, namely people. Legal entities are legal subjects that do not have souls like humans, so that legal entities cannot carry out legal acts themselves, but are represented by ordinary humans and the person acts not as themselves, but on behalf of the legal entity. Descriptive research methods focus on collecting and analyzing data to provide a clear picture of a phenomenon or situation. Descriptive-analytical research is more specific, because in addition to describing phenomena, this method also analyzes the relationship or association between variables. By comparing the law in Indonesia with the law in other countries, we can have a new outlook on life. Although there are differences in the legal systems of each country, humans still have the same rights and obligations in the eyes of the law.
Peran Lembaga Pemasyarakatan Terhadap Residivis Dalam Upaya Reintegrasi Sosial Maghfiroh, Laily; Lewoleba, Kayus Kayowuan
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11275262

Abstract

Residivis refers to the recidivism of criminal acts after serving a prison sentence as determined by the court. The Correctional Institution was established to provide guidance to inmates so that they can return to society with a better character. There are various factors hindering the effective and efficient functioning of the Correctional Institution. Therefore, this study was conducted using a normative method and a conceptual approach, as well as legal regulations. The results of this study show that the Correctional Institution has a rehabilitation program aimed at social reintegration, thus preparing residivis with various training programs to return to society. However, factors such as overcapacity, untrained staff, inadequate facilities, social stigma, and cultural factors hinder the effectiveness of these programs.

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