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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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Perlindungan Hukum Bagi Kreditor Konkuren Dalam Pembagian Boedel Pailit Ditinjau Dari Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang Siti Kayla Nadhilah Murod
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.23163848

Abstract

This study aims to examine the position and rights of concurrent creditors in the distribution of the bankruptcy estate and to analyze the forms of legal protection available to them under UUK PKPU. This research employs a normative juridical method with a statutory and literature-based approach. The findings indicate that the position of concurrent creditors during the debt verification process is essentially equal to that of other classes of creditors, but shifts into a residual claim once the bankruptcy estate is distributed, in accordance with the pari passu pro rata parte principle. UUK PKPU further provides preventive legal protection, among others through voting rights in the composition plan and the renvoi procedure for disputed claims, as well as repressive protection through the actio pauliana mechanism. Nevertheless, the effectiveness of such protection in practice remains constrained by limited access to information, procedural costs, and the weak bargaining position of concurrent creditors in composition negotiations, indicating the need for stronger supervision by the supervisory judge and greater professionalism among curators.
Perlindungan Hukum Anak Pengguna Media Sosial : Studi Perbandingan Pengatur Batas Usia Minimum di Indonesia, Amerika Serikat, dan Uni Eropa Nugraha Pamuja Sakti; Frans Simangungsong
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

Abstract

The development of digital technology has encouraged children to become active users of social media, thereby exposing them to various risks concerning their rights, safety, and development. This study aims to analyze the legal framework for protecting children who use social media in Indonesia and to formulate an ideal legal regulatory concept to address the normative gap concerning the minimum age requirement. This study employs a normative legal research method using conceptual and comparative legal approaches. It analyzes Indonesian legislation, legal doctrines, and minimum-age regulatory practices in the United States and the European Union. The results indicate that the legal framework for protecting child social media users in Indonesia remains general and does not specifically regulate a minimum age requirement. Consequently, preventive measures to protect children in the digital environment remain inadequate. An ideal legal regulatory framework requires the establishment of a minimum age requirement through specific regulations, accompanied by age-verification mechanisms, obligations for platforms to provide child-safety features, parental consent requirements, digital literacy education, and structured state supervision. This study recommends the establishment of specific regulations governing the minimum age for social media use, taking into account the principle of the best interests of the child, legal certainty, and the responsibilities of the state and electronic system providers.
Positivisme dan Hukum Kodrat dalam Bingkai Pancasila: Genealogi Filsafat Hukum dalam Putusan Mahkamah Konstitusi Pascareformasi Khoirotun Hisan Prameswari Dwi Amoro
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.23059243

Abstract

The tension between legal positivism and natural law is often claimed to have been resolved in Indonesia through Pancasila, which is positioned as the nation's legal ideal (rechtsidee) that the Constitutional Court must safeguard alongside its role as guardian of the constitution. Previous studies have examined this tension in a fragmented manner, focusing on isolated decisions without tracing how it emerges, breaks off, and is renegotiated across the Court's post-reform decisions. This article employs Foucault's concept of genealogy to read three Constitutional Court decisions, namely the decision on children born out of wedlock, the judicial review of the Blasphemy Prevention Law, and the formal review of the Job Creation Law, through a qualitative-interpretive analysis of their legal reasoning in two layers of reading, doctrinal and genealogical. The findings reveal an inconsistent pattern. The decision that most boldly moves beyond the text for the sake of substantive justice makes no use of Pancasila at all, while the most extensive discussion of Pancasila appears only in a losing dissenting opinion. These findings show that the claim of Pancasila as a final synthesis does not hold, and that the tension instead keeps resurfacing and being renegotiated contingently from one decision to another.
Tinjauan Filsafat Hukum terhadap Keadilan Substantif dalam Kebijakan Hilirisasi Mineral Indonesia di Tengah Tuntutan Organisasi Perdagangan Dunia Harlin Sabrinda Rasya; Marcha Jeanne Mawene
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.22928768

Abstract

This study analyzes the tension between Indonesia’s mineral downstreaming policy and international trade law in the DS592 dispute before the WTO from a legal philosophy perspective. This normative juridical study employs statutory and conceptual approaches. The findings show that the WTO Panel’s decision in DS592 emphasized the application of Article XI section (1) of the GATT 1994 through a positivist-formalistic approach. Meanwhile, Indonesia’s downstreaming policy is grounded in Article 33 of the 1945 Constitution and the principle of Permanent Sovereignty over Natural Resources as an expression of the state’s authority to manage natural resources for national development. The DS592 dispute demonstrates a tension between compliance with international trade law and the need for developing countries to preserve policy space in managing their natural resources. Therefore, the application of international trade law should consider legal certainty alongside substantive justice, development needs, and state sovereignty over natural resources.
The Separation and Interconnection of Law and Morality: The Hart–Fuller Debate in the Enforcement of Laws Against Child Sexual Violence in Indonesia Azzahra Cantika Madhina; Rahel Rezky Simanjuntak
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.23333551

Abstract

The 1958 Hart–Fuller debate is usually read as a dispute over whether morally iniquitous rules remain law. This article asks whether the debate still helps when the problem is reversed: a morally compelling statute, protecting children from sexual violence, that does not operate as written. Using normative legal research with conceptual, statutory, and case approaches, it examines Indonesia’s Child Protection Law, the Sexual Violence Crimes Law (UU TPKS), Supreme Court Circular Letter No. 1 of 2017, and three documented enforcement episodes. It argues that Hart’s separation thesis helps keep legal validity, moral merit, and conventional community morality apart, while Fuller’s internal morality, especially congruence between declared rules and official action, offers diagnostic criteria for the enforcement gap. The gap is traced to conflicts between rules, legislative inconstancy, and, since 2 January 2026, the abolition of special minimum penalties, which turns an enforcement problem into a sentencing-design problem. The findings are illustrative rather than statistically representative.
Implementasi Penyelesaian Sengketa Hubungan Industrial: Studi Kasus Sengketa pada PT Asuransi Harta Aman Pratama Najwa Putri Khairunnisa; Suwarsit S; Neil Aldrin E. Foeh
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.23887889

Abstract

Out-of-court dispute resolution (Alternative Dispute Resolution/ADR) in industrial relations is regulated under Law Number 2 of 2004 on Industrial Relations Dispute Settlement (PPHI Law), which comprises bipartite negotiation, mediation, conciliation, and arbitration. This study analyzes the regulation of ADR in the employment sector and its implementation in a dispute between PT Asuransi Harta Aman Pratama and two former members of its Board of Directors, who held a dual status as employees and corporate organs. The study employs a normative juridical method with a statutory approach through library research. The findings show that the PPHI Law provides a tiered ADR framework that promises faster and more cost-effective resolution. However, in this case the mediator concluded that the dispute fell outside the scope of the PPHI Law because the employment relationship ended upon appointment through the General Meeting of Shareholders (GMS), and therefore recommended that the dispute be resolved under company law at the District Court. ADR thus served merely as a procedural filter and a forum-shifting mechanism, while the mediation period exceeded the formal time limit. This study concludes that the success of employment-related ADR depends heavily on the clarity of the parties’ legal status.
The Validity of Imposing Mortgage Rights over Land Owned by a Minor Based on a Court Order Appointing a Guardian (A Case Study of Decision Number 51/Pdt.G/2022/PN Jkt.Pst) Amanda Fitra Hamzah; Yasmin Fakhira Khairatun Hisan; Audri Razan Anargya; Dwi Desi Yayi Tarina
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.23611329

Abstract

The encumbrance of Mortgage Rights over land owned by a minor raises legal issues because such an action concerns the authority of parents or guardians to perform legal acts involving the child’s property. This study aims to analyze the validity of imposing Mortgage Rights over land owned by a minor and the legal consequences of such encumbrance when it is carried out without lawful authority. This study employs normative legal research using a statutory approach, a case approach, and a conceptual approach. The analysis focuses on the provisions of the Indonesian Civil Code, the Marriage Law, the Mortgage Rights Law, and Decision Number 51/Pdt.G/2022/PN Jkt.Pst. The results show that parents or guardians cannot freely use their position as legal representatives of a minor to encumber the child’s land as collateral. The validity of the encumbrance of Mortgage Rights requires lawful authority, conformity between the court authorization and the legal act performed, and the use of the child’s property in accordance with the child’s best interests. In the case examined, the court order only authorized the sale of the land and could not serve as a legal basis for imposing Mortgage Rights. Consequently, the encumbrance carried out without appropriate authority resulted in the cancellation of the SKMHT and APHT, the invalidation of the registration of the Mortgage Right, and the removal of the Mortgage Right from the land certificate. This decision demonstrates the importance of protecting the civil rights and property interests of minors in every legal action involving their assets.
Substantive justice as a limit to legal interpretation: A critique of the application of law that is overly oriented toward legal certainty Nirindah Daniella Sembiring; Velissa Maharani
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.23433581

Abstract

The excessive emphasis on legal certainty may create problems when legal rules are applied rigidly without considering justice in specific cases. Therefore, substantive justice is necessary in legal interpretation, while legal certainty and the principle of legality must remain respected. This study aims to analyze the relationship between legal certainty and substantive justice and the limits of their application in legal interpretation in Indonesia. This research employs a normative legal method using statutory and conceptual approaches through library research involving legislation, books, and scholarly journal articles. The findings indicate that legal certainty and substantive justice are complementary principles. Legal certainty ensures consistency in the application of legal rules and protects the rights of society, while substantive justice requires legal interpretation to consider the purposes of law and the circumstances of specific cases. However, substantive justice must not be used to disregard legal provisions or violate the principle of legality, particularly in criminal law. Accordingly, legal interpretation should be contextual, proportionate, and supported by accountable legal reasoning. Judges and legislators should also maintain a balance between justice and certainty to ensure fair law enforcement while preserving legal protection for society.
Fulfillment of the Rights of Victims of Sexual Violence under Law Number 12 of 2022 on Sexual Violence Crimes Fatimah Nurul Azkiya; Zahara Utomo Putri; Eka Nurhalisyah; Sachio Hadrian Athallah; Sulthan Afico Maulana Damopolii; Taun T
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.23682341

Abstract

Sexual violence causes severe physical, psychological, social, and economic harm to victims, so fulfilling victims’ rights cannot stop at punishing perpetrators. This study analyzes the regulation of sexual violence crimes and the position of victims under Law Number 12 of 2022 (the TPKS Law), the forms and mechanisms of fulfilling victims’ rights, their fulfillment in the criminal justice process, and the challenges and efforts to strengthen them. It uses normative juridical research with statute and conceptual approaches to primary and secondary legal materials, supplemented by findings from a group discussion, and analyzes them through qualitative descriptive-analytical methods. The results show that the TPKS Law shifts the paradigm toward victim-centered justice by guaranteeing rights to handling, protection, and recovery and by expanding admissible evidence, including victim testimony, clinical psychologist or psychiatrist statements, and electronic evidence. However, proof in practice still relies on physical evidence (the “physical illusion”), law enforcement capacity and perspectives remain uneven, and stigma and revictimization still hinder the fulfillment of victims’ rights. Strengthening requires technical guidelines for psychological and digital evidence, improved law enforcement capacity, integrated assistance, and a social narrative that does not blame victims.
The Problematics of Substantive Justice in Law Enforcement Influenced by Social Media Virality from the Perspective of Legal Philosophy Faiz Naufaldho; Tamam Naufal Nabil
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.23572222

Abstract

The No Viral No Justice phenomenon reflects problems in Indonesian law enforcement, where public attention through social media is perceived to influence law enforcement authorities' responses to legal cases. This situation raises questions concerning equality before the law and the realization of substantive justice, particularly for cases that receive little public attention. This study aims to analyze the influence of social media virality on law enforcement through John Rawls' theory of justice and the principle of equality before the law, as well as to examine substantive justice as a philosophical foundation for law enforcement independent of digital public pressure. This research employs a normative juridical method using statutory and conceptual approaches, supported by qualitative analysis of legal literature. The findings indicate that social media can facilitate public oversight and institutional accountability. However, dependence on virality may create unequal treatment and undermine the objectivity of law enforcement. From the perspective of justice as fairness, legal protection must be provided equally, regardless of a case's popularity. 

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