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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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Ketika Legalitas Berhadapan Dengan Moralitas: Analisis Filsafat Hukum Terhadap Kontroversi Promosi Minuman Beralkohol Dengan Simbol Keagamaan Noer Gita Safira Zaini; Ajeng Prameswari Salamah
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.23093822

Abstract

The controversy surrounding the Qur’an memorization challenge offering alcoholic beverages as prizes at The Sounds Project raises questions concerning the boundaries between legality and morality in commercial activities. This study aims to analyze the controversy from the perspective of moral philosophy and to examine whether the legality of alcohol promotion can serve as a basis for the moral justification of using religious symbols. This research employs a normative legal method with qualitative analysis based on H.L.A. Hart’s theory concerning the relationship between law and morality and Lon L. Fuller’s concept of the internal morality of law. The findings indicate that legality does not automatically constitute moral justification. The use of religious symbols as promotional instruments must take into account propriety, respect for religious values, and social impacts. Therefore, legality does not necessarily imply moral justification, particularly when commercial freedom intersects with religious values and the interests of society.
Diskrepansi Hukum Terhadap Tindakan Bagi Korporasi Pasca Berlakunya KUHP Nasional Raja Dani Saragi; Rosmiati R; Heni Septinar
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.22940330

Abstract

The reform of criminal law through Law Number 1 of 2023 concerning the Criminal Code introduces significant changes to the position of corporations as subjects of criminal law, including the regulation of criminal penalties and measures applicable to corporations. One of the measures introduced is the placement of a corporation under curatorship as regulated in Article 123. However, its implementation remains subject to normative issues because Article 124 delegates the procedures for its implementation to a Government Regulation. This condition creates a discrepancy between substantive and operational norms that may affect legal certainty and the effectiveness of criminal law enforcement against corporations. This research employs a normative juridical method using statutory, conceptual, and case approaches where relevant judicial decisions are available. Legal materials are analyzed qualitatively through grammatical, systematic, and teleological interpretation. The results indicate that Article 123 provides a normative basis for judges but is not yet supported by an adequate implementation mechanism. Uncertainty regarding the competent institution, appointment of the curator, scope of authority, duration, supervision, and legal consequences for corporate organs demonstrates the need for regulatory harmonization and the establishment of implementing regulations to ensure legal certainty and consistent application of corporate curatorship.
Strategi Pemasaran Sosial dan Efisiensi Anggaran dalam Mendukung Partisipasi Pemilih pada KPU Kota Semarang Dedhi Santikho Asmoro
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.23218481

Abstract

The 2024 Election and Pilkada cycle placed the General Elections Commission (KPU) under twin pressures: it had to broaden voter participation while state budget allocations for elections were being tightened for efficiency. This study examines how a social marketing strategy can be integrated with budget-efficiency principles to support voter participation at the KPU of Semarang City. Using a qualitative descriptive method based on a literature review and secondary data from KPU publications and comparable studies at other regional KPU offices, the study synthesizes the social marketing concept, the social marketing mix, and the concept of budget-realization effectiveness. The results show that Semarang City has recorded a rising trend in voter participation, reaching 71.25% in the 2024 Pilkada and around 80% in the 2024 legislative and presidential election, supported by segmented socialization, multi-platform digital communication, and cross-institutional collaboration, while several sub-districts still show low participation and require a more efficient, targeted budget strategy. The study recommends platform-based audience segmentation, optimization of low-cost digital channels, cross-sector partnerships, and performance-based budget planning as the basis for an integrated social marketing and budget-efficiency strategy for KPU Semarang City.
Analisis Kriminologis dan Viktimologis Terhadap Praktik Living Together Pasca Pemberlakuan KUHP Baru Yutika Cahaya Lestari; Alifah Rahma Kurnia; Oci Senjaya
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.22993080

Abstract

This study examines the driving factors behind living together (cohabitation) among university students and the forms of victimization faced by its actors following the enactment of Article 412 of Law No. 1 of 2023 on the Criminal Code. Using a normative juridical method with statutory, conceptual, criminological, and victimological approaches, legal materials were gathered through library research and analyzed qualitatively via a descriptive-analytical method, drawing on Mendelsohn's victim typology, lifestyle theory, and routine activity theory. Results show cohabitation is driven by socio-cultural, economic, psychological, legal-administrative, and educational factors, while actors hold a dual position as potential offenders and victims (self-victimizing behavior) across five forms of victimization: legal, economic, physical-sexual, psychosocial, and indirect victimization of children. Its impact on public order is contextual and provable only through actual violence, neglect, or disturbance. Enforcement of Article 412 should thus be proportional and victim-centered.
Keadilan Pancasila dalam Perspektif Filsafat Hukum: antara Idealitas dan Realitas Penegakan Hukum Ovhelya Audrey Rondang Girsang; Elisabet Nauli Pane
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.22724117

Abstract

Epistemologically, Pancasila justice is rooted in the values of belief in God, deliberation leading to consensus, and the nation’s socio-historical experience, which are justified through the coherence and correspondence approaches as a synthesis between natural law and legal positivism. Axiologically, Pancasila justice prioritizes substantive justice as its primary orientation without neglecting legal certainty and utility. This study also found that the gap between the ideal and the reality of the application of Pancasila justice is caused by five main factors: the dominance of the positivist-legalistic paradigm among law enforcement officials, the legacy of a legalistic colonial legal culture; weak institutional capacity and human resources; socio-economic structural inequalities that limit access to justice for marginalized groups; and a lack of consistency in national legal policy regarding the integration of Pancasila values into legislation. This study recommends the need to reconstruct a legal paradigm oriented toward substantive justice, strengthen institutional capacity, and ensure consistency in national legal policy so that Pancasila justice can be more fully realized in legal practice in Indonesia.
Justice, Legal Certainty, and Utility in Criminal Law Enforcement in Indonesia: A Review of Gustav Radbruch’s Philosophy of Law in the Case of Grandma Minah Najwa N; Viona Ardhanareswari
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.23113795

Abstract

This paper examines the tension between justice, legal certainty, and utility in the enforcement of criminal law in Indonesia through Gustav Radbruch’s theory of fundamental legal values, using the case of Nenek Minah (Purwokerto District Court Decision No. 247/Pid.B/2009/PN.Pwt) as a case study. There are two research questions: (1) how is the ruling in this case evaluated based on the three fundamental legal values, and (2) how have post-case legal developments shifted the balance among these three values? The study employs a normative legal methodology using conceptual, case-based, and statutory approaches. The findings indicate that the ruling formally satisfies legal certainty but falls short in terms of proportional justice and utility. This case did not reach the threshold of extreme injustice under the Radbruch Formula; thus, the issue lies in the rigid application of the law and the limited legal instruments available at that time. Perma No. 2 of 2012, restorative justice policies, and Law No. 1 of 2023 on the Criminal Code which prioritizes justice over legal certainty when the two conflict shift the balance toward a more substantive approach to law enforcement, with the risk of disparity in rulings if judicial discretion is not accompanied by accountable reasoning.
Analisis Pelayanan Administrasi Pada KPU Kota Semarang Dalam Mendukung Efektivitas Penyelenggaraan Pemilu Dimas Eka Saputra
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.22942250

Abstract

This study aims to analyze administrative services at the Semarang City General Elections Commission (KPU) in supporting the administration of elections. Administrative services are an important aspect of ensuring the smooth implementation of election stages, as they involve correspondence management, personnel administration, financial administration, archives and documents, data and information management, as well as various other administrative needs. This study employs a descriptive qualitative approach. Data were obtained through observation, interviews, and documentation related to the implementation of administrative services at the Semarang City KPU. The analysis focuses on service quality, timeliness, responsiveness, effectiveness, and accountability of administrative services. The results indicate that administrative services play an important role in supporting the effectiveness of election administration at the city level. Administrative services that are structured, responsive, transparent, and implemented in accordance with established procedures can facilitate the implementation of each election stage. However, several challenges remain, including the need for interdepartmental coordination, increased workloads during certain stages, and the demand for rapid and accurate data and document management. Therefore, improving human resource competencies, utilizing information technology, strengthening internal coordination, and conducting regular service evaluations are necessary to enhance the quality of administrative services and support effective, transparent, and accountable election administration.
Tinjauan Kriminologi Terhadap Pengaruh Media Sosial Pada Perilaku Kenakalan Remaja dan Peran Keluarga Terhadap Kenakalan Remaja: (Studi Kasus Tanjungpinang) Angelina Patricia; Helena Agustina Sainturi; Nazwa Azzahra Putri Shaery
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.23180723

Abstract

Social media has a significant influence on adolescent behavior. Modern adolescents use social media to search for their own identity. This study uses a quantitative method and shows that social media has both positive and negative effects. Although the use of social media can help adolescents interact with others, addiction and cyberbullying can also occur as consequences. It is very important to monitor and limit social media use to avoid its negative impacts. This has contributed to the increasing prevalence of juvenile delinquency in Indonesia, and every day there are reports of crimes committed by adolescents. The family plays an important role in dealing with this problem. Research shows that families can help prevent juvenile delinquency in various ways. Parents and family members, for example, can create a harmonious family environment, give children the freedom to express their opinions, and allow them to share their stories and information.
Analisis Kebijakan Penghentian Bansos Lansia Akibat Indikasi Judi Online dalam Perspektif Teori Keadilan John Rawls Rafhael Roberto Silitonga; Muhammad Hafidz Al Ayuda
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.23031995

Abstract

This study examines the driving factors behind living together (cohabitation) among university students and the forms of victimization faced by its actors following the enactment of Article 412 of Law No. 1 of 2023 on the Criminal Code. Using a normative juridical method with statutory, conceptual, criminological, and victimological approaches, legal materials were gathered through library research and analyzed qualitatively via a descriptive-analytical method, drawing on Mendelsohn's victim typology, lifestyle theory, and routine activity theory. Results show cohabitation is driven by socio-cultural, economic, psychological, legal-administrative, and educational factors, while actors hold a dual position as potential offenders and victims (self-victimizing behavior) across five forms of victimization: legal, economic, physical-sexual, psychosocial, and indirect victimization of children. Its impact on public order is contextual and provable only through actual violence, neglect, or disturbance. Enforcement of Article 412 should thus be proportional and victim-centered.
Moralitas Internal Hukum dalam Penegakan Hukum Kebebasan Berpendapat Studi Kasus Wawan Hermawan Perspektif Filsafat Lon L. Fuller Muhammad Tunjang Syaeh; Suwarsit S
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.22893162

Abstract

This study analyzes law enforcement concerning freedom of expression in the case of Wawan Hermawan from the perspective of Lon L. Fuller’s inner morality of law. This research employs a normative juridical method using statutory and conceptual approaches. The analysis focuses on the principles of clarity, consistency, possibility of compliance, and congruence between official action and declared rule. The findings indicate that law enforcement concerning freedom of expression should not be based solely on the formal existence of legal rules but must also ensure clarity, consistency, and conformity between legal rules and the actions of law enforcement officials. Differences in judicial decisions in cases related to the August 2025 demonstrations demonstrate the importance of transparent and accountable legal reasoning. From Lon L. Fuller’s perspective, legal certainty and freedom of expression can coexist through the application of clear, consistent, and non-arbitrary laws.

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