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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 1,052 Documents
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Badan Hukum Yayasan dan Tata Kelola Yayasan di Indonesia: Analisis Yuridis terhadap Implementasi Prinsip Good Governance dalam Mewujudkan Akuntabilitas dan Kepastian Hukum A.M Tasmika
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.21735876

Abstract

A foundation is a legal entity established to pursue social, religious, and humanitarian objectives through the separation of the founder's assets from those of the legal entity. This legal status grants the foundation the capacity to independently hold rights and obligations, engage in legal relationships, and bear responsibility for its actions through its governing organs established in accordance with applicable laws and regulations. In practice, however, foundation governance continues to face various challenges, including management disputes, misuse of assets, weak supervisory mechanisms, and the suboptimal implementation of good governance principles. This study aims to analyze the legal status of foundations as legal entities under Indonesian positive law and to examine the implementation of the principles of transparency, accountability, responsibility, independence, and fairness in foundation governance. The research employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that Law Number 16 of 2001 concerning Foundations, as amended by Law Number 28 of 2004, provides an adequate legal framework for recognizing foundations as legal entities. Nevertheless, the effectiveness of this legal framework largely depends on the quality of organizational governance and the level of compliance of foundation organs with the principles of good governance.
Analisis Kewenangan Pemerintah Terkait Pembangunan Flyover di Jalan Wiratno Terhadap Asas Good Governance Muhammad Rayhan Nova Ramadhan
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21800213

Abstract

This study aims to analyze the government's authority regarding the construction of the Jalan Wiratno Flyover in Tanjungpinang City, viewed through the lens of Good Governance principles. The flyover project is a local government initiative designed to enhance transport connectivity, facilitate the smooth mobility of the public, and support the development of urban areas and the government administrative hub in the Riau Islands Province. This study employs a qualitative research method. Data were gathered through interviews with relevant government agencies and affected community members, and supplemented by a review of legislation and documents related to infrastructure development. The findings indicate that the government carried out the construction based on the authority granted by Law Number 23 of 2014 concerning Regional Government and adhered to the applicable planning, budgeting, and implementation mechanisms. Regarding Good Governance, the government endeavored to uphold transparency, accountability, and public participation through regional development planning mechanisms. However, the study reveals areas requiring optimization specifically in improving public communication, information dissemination, and the engagement of directly affected communities to ensure a comprehensive understanding of the project's objectives. Furthermore, the compensation mechanisms for affected residents need to be continuously refined to ensure fairness and compliance with statutory regulations. In conclusion, the government's exercise of authority in the Jalan Wiratno Flyover project aligns with prevailing legal provisions; meanwhile, the continued optimization of Good Governance principles is expected to enhance infrastructure development effectiveness, deliver broader public benefits, and strengthen the quality of local governance.
Upaya Penyelesaian Sengketa Tanah Antara Warga Dompak Dengan PT. Tenra Pratiwi Development terkait Keabsahan Hak Guna Bangunan (HGB) Sahla Arifah Pangesti; Lia Nuraini; Irfan Harmain
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.21868963

Abstract

This study aims to analyze efforts to resolve the agrarian dispute between the community of Dompak and PT. Terira Pratiwi Development (PT. TPD) regarding the validity of the Right to Build (HGB) title, focusing on the implementation of Supreme Court Decision Number 636 K/TUN/2018. The issue under examination is the suboptimal implementation of the court ruling in providing legal certainty for the community, even though the ruling legally annulled PT. TPD’s HGB due to administrative flaws. This situation has resulted in continued uncertainty regarding land tenure status—particularly for land lacking confirmed rights—thereby impacting the local community. The study employs an empirical-juridical method with a qualitative approach, utilizing interviews with two key informants: a representative from the Tanjungpinang City Land Office (BPN) knowledgeable about land administration and legal aspects, and a Neighborhood Association (RT) head representing the community affected by the agrarian conflict in Dompak. These interviews sought to gather information on the court ruling's implementation and the factual conditions on the ground. Additionally, the research is supported by a study of relevant legislation, court rulings, and related documents. The findings indicate that resolving the agrarian dispute requires stronger synergy between the government and the community to ensure the effective implementation of the court ruling. Therefore, further action is required from the government—specifically the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN)—to resolve land administration issues and optimize the implementation of Agrarian Reform. This involves designating land that meets the criteria for Agrarian Reform Object Land (TORA) in accordance with Presidential Regulation Number 86 of 2018, thereby establishing legal certainty, protecting community rights, and achieving a just dispute resolution as mandated by the Basic Agrarian Law Number 5 of 1960.
Dualisme Kewenangan Adat dan Izin Usaha dalam Putusan PN Gianyar Berdasarkan Undang-Undang Nomor 15 Tahun 2023 Dan Perda Bali Nomor 4 Tahun 2019 Ni Luh Martiniasih
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22636249

Abstract

The legal dispute between an MSME entrepreneur and the Bitera Customary Village regarding the refusal of an operational recommendation for a night market near a Beji (sacred water spring) serves as a fundamental precedent in the dynamics of constitutional law, licensing law, and customary law in Indonesia. A tort lawsuit demanding IDR 14.15 billion in damages filed by the investor based on a Business Identification Number (NIB) was completely dismissed by the Panel of Judges at the Gianyar District Court. This article aims to doctrinally examine the enforceability of the sui generis authority of the Customary Village under Law No. 15 of 2023 on Bali Province and Bali Provincial Regulation No. 4 of 2019 on Customary Villages in Bali. This study links the issue to the application of the environmental precautionary principle and its implications for the legal boundaries of the national licensing system (OSS). This research employs a normative legal method utilizing the statute approach, case study, and conceptual approach. The results indicate that the rejection by the Bitera Customary Village constitutes a collective-collegial legal obligation to protect sacred areas and water ecosystems from potential pollution, thus failing to meet the elements of an unlawful act under Article 1365 of the Indonesian Civil Code. The court ruling emphasizes that possessing an NIB from the central or regional government does not automatically override the customary autonomy over customary territory. While administrative licenses grant formal business legality, operational activities must remain subject to customary spatial planning, environmental compliance, and the Tri Hita Karana principle. This study concludes the urgent need to integrate cultural impact assessments and customary community consent into the national business licensing framework.
Moralitas Masyarakat dan Batas Kriminalisasi: Kajian Filsafat Hukum terhadap Pengaturan Kohabitasi Audi Nayla Choirunnisa; Syifa Azzahra Alam Putri
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23166525

Abstract

The criminalization of cohabitation under Article 412 of Law No. 1 of 2023 on the Criminal Code raises questions regarding the relationship between societal morality and the boundaries of criminalization. This study examines whether the moral values prevalent in society can serve as a basis for the legitimacy of criminalization and how the legitimacy of criminalizing cohabitation is viewed from the perspective of the relationship between law and morality. This study aims to analyze the role of moral values as a basis for criminalization as well as the legitimacy of regulations on cohabitation in the National Criminal Code. The method used is normative legal research with a legislative and conceptual approach through a literature review. The results of the study indicate that societal moral values can serve as one of the bases for criminalization but cannot be the sole basis. Criminalization must still take into account the principles of legality, proportionality, subsidiarity, the protection of human rights, and the legal interests to be protected. Thus, the criminalization of cohabitation requires clear legal grounds as well as proportional restrictions on individual rights and freedoms.
Rekonstruksi Filosofis Perlindungan Hukum terhadap Anak Korban Eksploitasi Daring di Indonesia Rama Ahmad Raja Maranay; Nugroho Dewo Dharmawan
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22950780

Abstract

The development of information and communication technology has shifted various forms of interaction into the digital sphere, while simultaneously increasing children’s vulnerability to various forms of online exploitation, including manipulation through digital communication, sexual exploitation, the dissemination of child sexual abuse material, and exploitation through live streaming. Although Indonesia has established various legal instruments to provide protection for children, their implementation continues to face several challenges, particularly due to the cross-border nature of digital crimes, difficulties in proving offenses and securing digital evidence, secondary victimization, and the repeated dissemination of victims’ content. This study aims to analyze the effectiveness of legal protection for child victims of online exploitation and to examine the need for reconstructing legal protection from a legal-philosophical perspective. The research employs a normative juridical method using statutory, conceptual, and philosophical approaches. The analysis draws on Gustav Radbruch’s concepts of justice, utility, and legal certainty, as well as Aristotle’s concepts of proportional and corrective justice. The findings indicate that the main issue in providing legal protection for child victims of online exploitation lies not merely in the availability of legal norms, but in the gap between legal provisions and their implementation. Legal protection should be directed not only toward prosecuting perpetrators but also toward protecting children’s identities and personal data, preventing repeated victimization, ensuring child-friendly legal proceedings, and facilitating victim recovery.
Implementasi Therapeutic Community dalam Program Rehabilitasi Sosial di IPWL Bukit Doa Rumahku Trifosa Irena Br Ginting; Fajar Utama Ritonga
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23060483

Abstract

This study aims to describe the implementation of Therapeutic Community in the social rehabilitation program at IPWL Bukit Doa Rumahku. This study employed a descriptive qualitative method with data collection techniques consisting of in-depth interviews, non-participant observation, and documentary study of eight informants selected through purposive sampling. Data were analyzed using Miles and Huberman's interactive model. The results indicate that TC implementation at IPWL Bukit Doa Rumahku was conducted in accordance with David C. Korten's program implementation theory, encompassing conformity across three main aspects. In terms of the program aspect, TC objectives were clearly formulated and supported by 26 standard operating procedures. In terms of the implementing organization aspect, all personnel possess adequate formal competencies with a structured coordination mechanism and high level of involvement, making this aspect both the main focus and the most prominent dimension across the entire implementation process. In terms of the beneficiary aspect, primary residents experienced comprehensive changes across emotional, behavioral, physical, and spiritual dimensions.
Perlindungan Hukum Terhadap Pembeli Beritikad Baik Akibat Pembatalan Perjanjian Jual Beli Tanah Secara Sepihak (Studi Kasus Putusan Nomor 68/Pdt.G/2015/PN.Cbn) M Alvin Syaghaf; Slamet Suhartono
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22929279

Abstract

This study examines the criteria for good faith buyers in land sale and purchase agreements and the forms of legal protection afforded to buyers when agreements are unilaterally canceled by sellers. The concept of good faith under Article 1338 paragraph (3) of the Civil Code lacks a normative definition and is therefore categorized as a vague norm whose application depends entirely on judicial discretion, a condition that potentially creates legal uncertainty in land disputes. This research employs a normative juridical method using statutory, conceptual, and case approaches through the analysis of Cirebon District Court Decision Number 68/Pdt.G/2015/PN.Cbn. The findings indicate that good faith buyer criteria must be assessed holistically, encompassing documented full payment, reasonable reliance on the seller's representative authority, and lack of knowledge of legal defects at the time of transaction. The legal protection provided is repressive and operates through three overlapping legal regimes, namely the Civil Code, agrarian law, and the Consumer Protection Law, manifested through an order to sign the Deed of Sale and Purchase with a substituted power of attorney mechanism, surrender of the disputed object, and imposition of dwangsom as a coercive instrument.
Dinamika Sengketa Pilkada: Posisi Hukum KPU Kota Semarang dalam Penanganan Perselisihan Hasil Pemilihan Kristian, Vincentius Denata
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23216696

Abstract

Regional head elections are an important instrument of local democracy and must be conducted based on the principles of direct, general, free, confidential, honest, and fair elections. In practice, regional elections may generate disputes, particularly disputes concerning the determination of vote acquisition that may affect the determination of the elected candidate pair. The Regency/City General Elections Commission has a strategic legal position because its decisions may become the object of election-result disputes before the Constitutional Court. This article analyzes the legal position of the Semarang City General Elections Commission in handling the dispute over the results of the 2024 Semarang Mayor and Deputy Mayor Election. This research employs a normative juridical method using statutory, case, and conceptual approaches. The analysis focuses on the legal position of the Semarang City KPU as the Respondent, the mechanism for determining election results, the Constitutional Court’s jurisdiction, and the legal strategies of the KPU in responding to election-result disputes. The 2024 Semarang mayoral election provides a relevant case study because Semarang City KPU Decision Number 1801 of 2024 concerning the Determination of the Results of the 2024 Semarang Mayor and Deputy Mayor Election became the object of Case Number 199/PHPU.WAKO-XXIII/2025 before the Constitutional Court. The petition was filed by the Indonesian Voters Association and essentially concerned alleged procedural violations and the failure to implement a recommendation for a re-vote at Polling Station 13, Lamper Tengah Village, South Semarang District. However, the petition was subsequently withdrawn, and the Constitutional Court granted the withdrawal through Determination Number 199/PHPU.WAKO-XXIII/2025. This case demonstrates that the legal position of the KPU is not merely related to defending an administrative decision, but also requires institutional capacity to ensure that every stage of the election is properly documented, accountable, and legally reviewable.
Konstitusionalitas dan Tinjauan Filosofis atas Larangan Hijab di Universitas Pertahanan: Dialektika Hak Beragama dan Keseragaman Militer Muhammad Alif Raihan Zein; Abdurahman Faiz Ridwan
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22992647

Abstract

The resignation of an accepted female cadet candidate at the Indonesia Defense University in August 2026 exposed a fundamental juridical friction between internal militaristic discipline and the constitutional guarantee of religious freedom. Employing statutory, conceptual, and factual precedent approaches, this normative juridical study examines the validity of the new student admission mechanism to assess the alignment of the uniform uniformity doctrine with the 1945 Constitution of the Republic of Indonesia. The findings demonstrate that the exclusion of religious attire in the field operated within a positive legal vacuum: Rector Regulation Number 28 of 2025 does not textually prohibit head coverings, rendering the selection committee's actions an oral discretion that infringes upon the principles of legality and legal certainty. Evaluated under the parameters of Article 28J Paragraph (2) of the 1945 Constitution and John Rawls's theory of justice, this intervention into the forum externum loses legitimacy because limitations on fundamental rights are valid only when enacted through formal statutory law, not campus administrative instruments. The policy also fails the proportionality test by disregarding the least restrictive means. The legalization of service hijabs within the TNI and Polri proves that military standardization does not necessitate absolute uniformity that denies religious manifestation. The Minister of Defense, alongside the Rector of the Indonesia Defense University, bears a juridical obligation to formally revise cadet conduct regulations and establish technical specifications for field service hijabs prior to the 2027 academic admission cycle, thereby halting selection maladministration without compromising national defense readiness.

Page 101 of 106 | Total Record : 1052

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