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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 1,002 Documents
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Analisis Ratio Legis Penghapusan Pasal 102 Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup Aditya Aulia Rahman; Muh. Jufri Ahmad
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.21256632

Abstract

The removal of criminal sanctions for the management of Hazardous and Toxic Waste (B3) under Law Number 6 of 2023, which ratified Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into law, has generated considerable debate within the field of environmental law. Although this policy reform is intended to promote a more favorable investment climate through regulatory simplification, it also raises concerns regarding environmental protection and the effectiveness of legal enforcement against activities that may cause environmental pollution. This study aims to examine the ratio legis underlying the removal of criminal sanctions for B3 waste management following the enactment of the Job Creation Law. The research adopts a normative legal method using statutory, conceptual, and historical approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively through legal interpretation. The findings reveal that the repeal of Article 102 of Law Number 32 of 2009 reflects a shift in legal policy toward deregulation, the simplification of business licensing procedures, enhanced investment competitiveness, and the implementation of a risk-based regulatory approach. Furthermore, the policy demonstrates a transformation in the paradigm of environmental law enforcement through the application of the ultimum remedium principle, whereby criminal sanctions function as a last resort after administrative measures have proven ineffective. Nevertheless, considering the significant risks posed by B3 waste to human health and environmental sustainability, the effectiveness of this policy depends on strengthening administrative oversight mechanisms, ensuring the consistent enforcement of administrative sanctions, and enhancing the institutional capacity of government authorities to supervise and monitor environmental compliance. Therefore, the success of this legal policy relies not only on amendments to statutory provisions but also on the effective implementation of administrative supervision to ensure the continued protection of the environment.
Perlindungan Hukum Korban Kekerasan Psikis dalam Relasi Non-Perkawinan Moh Fikri Fakhrizal M; Muh Jufri Ahmad
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21476468

Abstract

Non-marital relationships, including dating and cohabitation, have become increasingly prevalent in modern society. Within these relationships, psychological violence may occur in various forms, such as verbal abuse, threats, emotional manipulation, gaslighting, excessive controlling behavior, and other actions that inflict mental suffering and psychological distress on victims. Despite the severe consequences of such violence, legal protection for victims of psychological abuse in non-marital relationships remains inadequate, as Indonesian positive law has yet to provide specific regulations governing the protection of victims outside the institution of marriage. This study aims to analyze the existing legal protection available for victims of psychological violence in non-marital relationships and to examine the urgency of establishing specific legislation to ensure comprehensive legal protection for such victims. The research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that current legal protection primarily relies on general provisions of criminal law, human rights instruments, and regulations concerning witness and victim protection. However, these legal frameworks have not yet provided specific, comprehensive, and effective protection for victims of psychological violence in non-marital relationships. Therefore, the enactment of a dedicated legal framework governing the protection of victims of psychological violence in non-marital relationships is urgently needed to address the existing legal vacuum, ensure legal certainty, uphold human rights, and promote comprehensive justice and recovery for victims.
Kajian atas Prinsip Tanggung Jawab Terbatas dan Doktrin Piercing the Corporate Veil Terhadap Perseroan Terbatas Angelina Saraswaty; Hudi Yusuf
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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

Abstract

The separation of a company's assets from the personal assets of its shareholders gives rise to the principle of limited liability, as regulated under Article 3 paragraph (1) of Law No. 40 of 2007 on Limited Liability Companies as amended by Law No. 6 of 2023, which restricts shareholders' liability to the value of shares they have paid in. However, this principle does not apply absolutely, as the law recognizes the doctrine of piercing the corporate veil, which allows judges to impose personal liability on shareholders, directors, or commissioners under certain circumstances, as stipulated in Article 3 paragraph (2) of the Company Law. The findings show that PT's legal entity status provides legal certainty in business relationships; however, limited liability protection may be set aside where the requirements for legal entity status have not been fulfilled, where bad faith is present, where shareholders are involved in unlawful acts, or where corporate assets are misused. The application of this doctrine in Indonesia still requires further refinement through jurisprudence to achieve a balance between protecting investors and protecting creditors or third parties.
Rekonstruksi Fikih Lingkungan Berbasis Ekoteosentris dalam Penanggulangan Sampah Laut Rahmatul Qadri; Azman Arsyad; Lomba Sultan
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21389013

Abstract

The growing problem of marine debris indicates that technical and regulatory approaches alone have been insufficient to address the escalating ecological crisis. This condition suggests that the root of the problem lies not only in inadequate environmental governance but also in an anthropocentric paradigm that regards nature merely as an object of exploitation. This article aims to reconstruct environmental fiqh based on an ecotheocentric paradigm as an Islamic legal framework for addressing marine debris. This study employs a library research design with a normative-philosophical approach. Data were analyzed using descriptive-analytical methods by integrating the Qur’an, Hadith, maq??id al-shar??ah, classical fiqh, and contemporary environmental thought. The findings reveal that reconstructing environmental fiqh from an ecotheocentric perspective shifts the orientation of Islamic law from human-centered protection toward safeguarding marine ecosystems as a divine trust (am?nah). This reconstruction is reflected in the expansion of the legal object of protection to include marine ecosystems, the extension of ecological responsibility to individuals, communities, industries, and the state, and the formulation of Jar?mah Bi’iyyah Ba?riyyah as a normative category for marine pollution subject to ta?z?r sanctions oriented toward ecological restoration. These findings contribute to the development of contemporary environmental fiqh while offering a more responsive Islamic legal paradigm for addressing ecological crises and promoting ecological justice.
Pencantuman Syarat Berpenampilan Menarik Dalam Lowongan Pekerjaan Ditinjau dari Prinsip Non-Diskriminasi Berdasarkan Undang-Undang Nomor 13 Tahun 2003 dan Peraturan Menteri Ketenagakerjaan Nomor 14 Tahun 2025 Amaliano Galang Ramadhana; Ahmad Sholikhin Ruslie
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.21299966

Abstract

The practice of including "attractive appearance" as a requirement in job vacancies is still widely found in the Indonesian labor market. Although considered normal by some employers, this requirement actually harbors potential for indirect discrimination due to its highly subjective nature. This study aims to analyze the legality of attractive appearance requirements in the recruitment process viewed from the non-discrimination principles regulated in Law Number 13 of 2003 concerning Labor and the Regulation of the Minister of Manpower Number 14 of 2025. The research method used is normative legal research with statutory, conceptual, and comparative law approaches. The results of the analysis show that the requirement of attractive appearance is a form of vague norm that violates the principle of legal certainty and undermines the meritocracy system in the workplace. Through Minister of Manpower Regulation Number 14 of 2025, the government explicitly prohibits physical requirements that are not directly related to the main function of the job (Bona Fide Occupational Qualifications). This study concludes the need for a reconstruction of recruitment patterns in Indonesia through the standardization of job vacancy language based on professional behavior, the implementation of anonymous selection (blind recruitment), and the optimization of digital inspection of job advertisements
Kedudukan Pembayaran Ganti Rugi atas Kelalaian Tenaga Kesehatan yang Mengakibatkan Cacat Permanen dalam Perspektif Pertanggungjawaban Pidana Stacia Shari Dorie Krisma Waruwu; Muhammad Jufri Ahmad
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.21234169

Abstract

Negligence by healthcare professionals resulting in permanent disability constitutes a form of conduct that may give rise to legal liability under both civil and criminal law. In practice, disputes are often resolved through the payment of compensation to victims as a means of restoring the losses incurred. However, a legal issue arises when such compensation is regarded as a basis for eliminating the criminal liability of healthcare professionals. This study aims to analyze the legal position of compensation payments from the perspective of criminal liability for healthcare professionals whose negligence results in permanent disability to patients. This research employs a normative legal research method using a statutory approach, a conceptual approach, and a case approach. The legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively. The findings indicate that compensation serves solely as a means of restoring the victim's rights within the scope of civil law and as an implementation of the principle of restorative justice. Such compensation does not extinguish criminal liability because a criminal offense constitutes a violation of the public interest, the enforcement of which falls within the authority of the state. In criminal proceedings, the payment of compensation may only be considered a mitigating circumstance, while criminal prosecution may continue provided that all elements of the offense of negligence have been established.
Juridical Analysis of Judgment Number 03/Pid.Sus-Anak/2020/PN.Enr in Light of Law Number 1 of 2023 on the Criminal Code and Law Number 11 of 2012 on the Juvenile Criminal Justice System Muhammad Rizky Ramadhani; Abraham Ferry Rosando
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21453440

Abstract

This study examines the legal considerations underlying the imposition of imprisonment and vocational training on a juvenile offender in Judgment Number 03/Pid.Sus-Anak/2020/PN.Enr and evaluates its conformity with Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Law No. 1 of 2023 concerning the Criminal Code. The research employs a normative juridical method using statutory and case approaches. Primary legal materials consist of relevant legislation and the court judgment, while secondary legal materials include legal literature and scholarly publications on juvenile criminal law and restorative justice. The collected legal materials are analyzed qualitatively through legal interpretation and doctrinal analysis. The findings indicate that the court considered both juridical and non-juridical factors, including the seriousness of the offense, the child's personal circumstances, and the objectives of juvenile justice. The imposition of imprisonment was intended to ensure accountability for a serious violent offense resulting in death, whereas vocational training functioned as a rehabilitative measure to promote the child's personal development and social reintegration. Although diversion was not applicable due to the gravity of the offense, the judgment reflects the principles of restorative justice by emphasizing rehabilitation alongside punishment. Furthermore, the court's reasoning is consistent with the sentencing philosophy embodied in Law No. 1 of 2023, which promotes proportionality, rehabilitation, and the restoration of social balance. Accordingly, the combination of imprisonment and vocational training demonstrates a balanced approach that protects the interests of victims while safeguarding the rights and future development of juvenile offenders.
Analisis Peran Hukum Dagang dalam Memberikan Kepastian Hukum terhadap Transaksi Perdagangan di Era Digital Nabila Rinjani Sayidatun Nisa; Hudi Yusuf
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21425031

Abstract

This article aims to analysis the role of commercial law in providing legal certainty for trade transactions in the digital era. The evolution of modern commerce has transformed the legal relationships among business actors, consumers, electronic system operators, payment service providers, and other parties involved in the distribution chain of goods and services. These changes have created a need for a legal framework capable of guaranteeing transaction validity, consumer protection, business actor liability, personal data security, and dispute resolution mechanisms. This study employs a normative-juridical method, utilizing both statutory and conceptual approaches. Primary legal sources include the Commercial Code, the Civil Code, the Trade Law, the Consumer Protection Law, the Law on Electronic Information and Transaction (as amended), the Government Regulation on Trade Through Electronic Systems, and the Personal Data Protection Law. The analysis reveals that commercial law serves as an instrument for regulation, protection, and the assurance of legal certainty in modern trade activities. However, its implementation faces challenges such as the rapid evolution of digital business models, the use of standard contract clauses, risks regarding personal data, low public legal literacy, and jurisdictional complexities in cross-regional transaction.
Transparansi Timbangan dalam Jual Beli di Pasar Tradisional Inpres Kota Palu: Perspektif Keadilan dalam Muamalah Nur Fadila; Taslia T; Nurhikma Febriana
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21547745

Abstract

Traditional markets remain the primary source for meeting the daily needs of the people of Palu City, particularly for commodities sold by weight, such as vegetables, fish, meat, and other staple goods. This study aims to describe the practice of scale transparency among traders at the Inpres Traditional Market in Palu City and to analyze its conformity with the principle of justice in muamalah. A qualitative field-research approach was used, with data collected through observation, interviews with the market manager, four traders across different commodities, and two consumers, as well as documentation; data were analyzed through reduction, display, and verification, with validity maintained through source triangulation, method triangulation, and prolonged observation. The findings show that scale-transparency practices at Inpres Market are generally well implemented: scales are placed where buyers can see them, weighing is conducted openly, results are communicated directly, and traders are willing to re-weigh goods on request. However, some traders were still found to be unaware of the legal obligation to have their scales calibrated (tera), so that of the five transparency indicators analyzed, only the accuracy and fitness of the weighing instruments had not been fully achieved. Substantively, this practice already conforms to the principle of justice in muamalah — honesty (ash-shidq), openness, and l? ta?lim?na wa l? tu?lam?n (neither wronging nor being wronged) — thereby protecting consumers’ rights while still allowing traders a lawful margin of profit, although oversight and outreach on scale calibration by the relevant authorities still need to be strengthened.
Implementasi Hukum Pemungutan Suara Ulang di TPS 04 Selat Utara pada Pilkada Serentak 2024 Kabupaten Kapuas Wahipal Akhmad; Dadin Eka Saputra; M. Rosyid Ridho
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21628189

Abstract

This study aims to analyze the implementation of the PSU regulation in handling violations during the Regional Head Election (Pilkada) at Polling Station 04, Selat Utara Village, Kapuas Regency, and to identify the factors that hinder its implementation. This research employed an empirical legal research method with a qualitative approach. Primary data were collected through interviews with the General Election Commission (KPU) of Kapuas Regency, the Election Supervisory Agency (Bawaslu) of Kapuas Regency, and the Integrated Law Enforcement Center (Sentra Gakkumdu). Secondary data were obtained through a literature review of statutory regulations, official documents, and relevant academic literature. The data were analyzed qualitatively using Lawrence M. Friedman's legal system theory, which consists of legal substance, legal structure, and legal culture. The findings reveal that the implementation of the PSU regulation was carried out in accordance with the prevailing legal provisions through coordinated actions among the KPU, Bawaslu, and Sentra Gakkumdu, thereby restoring the procedural legality of the voting process. Nevertheless, several challenges remain, including the limited capacity of election officials, time constraints in organizing the re-voting process, technical coordination among institutions, and a legal culture that has not yet fully supported professional, accountable, and integrity-based electoral administration.

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