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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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The Tension Between Property Rights and Substantive Justice in the Transition to Non-Conviction-Based Forfeiture in Indonesia: A Legal Philosophical Perspective Based on John Rawls’s Theory of Justice Rizky Johan Pattiasina; Muhammad Farrel Radithyo Adnin
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.23770128

Abstract

This study aims to analyze the philosophical legitimacy of NCB Forfeiture based on John Rawls’s theory of distributive justice and to examine the paradigm shift from conviction-based forfeiture to NCB Forfeiture in the relationship between procedural and substantive justice. This research employs a normative legal method with a prescriptive-philosophical orientation, using statutory, conceptual, and legal philosophical approaches. The asset seizure case involving Fadia Arafiq is used as an illustration to examine issues concerning the proof of the origin of wealth and the protection of property rights. The findings indicate that NCB Forfeiture can obtain conditional philosophical legitimacy when it is intended to address distributive injustice, is based on a demonstrable connection between the assets and criminal offenses, and is implemented with adequate safeguards for individual rights. Rawls’s difference principle cannot be used to justify sacrificing basic liberties for the sake of collective economic interests. The shift toward NCB Forfeiture also does not imply replacing procedural justice with substantive justice; rather, it requires the establishment of fair procedures as a prerequisite for achieving equitable asset recovery.
Formal Validity and Legal Integrity: A Review of Hans Kelsen’s and Ronald Dworkin’s Philosophy of Law on Constitutional Court Decision No. 90/PUU-XXI/2023 Angelila Dzakwan Pratiwi
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.23590955

Abstract

This paper examines Constitutional Court Decision No. 90/PUU-XXI/2023, which added an alternative requirement to the minimum age of presidential and vice-presidential candidates, through Hans Kelsen’s pure theory of law and Ronald Dworkin’s theory of law as integrity. There are two research questions: (1) how is the decision assessed from the standpoint of legal validity under Kelsen’s theory, and (2) how is it assessed from the standpoint of principle and integrity under Dworkin’s theory. The study uses normative legal research with conceptual, case, and statutory approaches. The findings indicate that the decision remains formally valid and binding because the Court’s judgments are final under the Constitution, and the Honorary Council of the Constitutional Court (MKMK) did not annul it even though it found a serious ethics violation by the then Chief Justice. However, the decision is difficult to defend under Dworkin’s integrity criterion, because the principle of impartiality was compromised and the Court’s reasoning was inconsistent with its own decisions issued on the same day. The paper concludes that the case reveals a gap between validity and legitimacy that pure formal theory cannot close, and recommends institutional safeguards on recusal and judicial reasoning. 
Eksistensi Yuridis Surat Berharga dalam Transaksi Bisnis dan Sektor Perbankan Nasional Adinda Gracelia Alicia Bakha; Alifah Rahma Kurnia; Ananda Rizka Sahara; Laura Noviyanti Anakota; Villy Nathanael Mora Saduk
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.23400632

Abstract

Negotiable instruments play an important role as means of payment, credit instruments, and evidence of claims in trade and banking. However, their use is vulnerable to breach of contract, forgery, and misuse. This article aims to analyze the concept, legal basis, types, functions, and legal status of negotiable instruments in Indonesia, as well as the mechanisms for their issuance, transfer, and encashment, including legal protection for the parties in the event of breach of contract or misuse. This study employs a normative legal research method using statutory and conceptual approaches through a literature review of primary and secondary legal materials, which are analyzed qualitatively using deductive reasoning. The findings indicate that negotiable instruments are regulated under the Indonesian Commercial Code (Kitab Undang-Undang Hukum Dagang or KUHD) and regulations outside the KUHD, such as Bank Indonesia regulations concerning giro transfer orders (bilyet giro) and the Law on the Development and Strengthening of the Financial Sector (UU PPSK). These instruments possess abstract characteristics and are readily transferable. Negotiable instruments function as means of payment, credit instruments, and mechanisms for transferring claims, while also serving as liquidity instruments and collateral in the banking sector. Their issuance must satisfy formal requirements, while their transfer may be carried out through assignment (cessie), physical delivery, or endorsement. Encashment is conducted by presenting the instrument to the party obligated to make payment. Legal protection is available through civil, criminal, and banking administrative proceedings, with specific protection afforded to holders acting in good faith.
Ecological Corruption and the Tyranny of Positive Law: A Rawlsian Analysis of Corporate Land-Burning Impunity Augustha Kwanzaa Rich Samuel Simbolon; Christian Joseph Silaban
Media Hukum Indonesia (MHI) Vol 4, No 4 (2026): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23982338

Abstract

The impunity enjoyed by land-burning corporations in Indonesia is not merely a technical failure of enforcement but a structural injustice legitimized by positive law itself. Using normative-juridical research with statutory, case, and conceptual approaches, this article reads recurrent forest and land fires through the lens of ecological corruption and John Rawls’s justice as fairness. It argues that (1) recurrent fires in corporate concessions can be construed as ecological corruption because land-clearing costs are externalized onto the public and ecosystems; (2) positive law operates as a legalistic tyranny through the dilution of strict liability after the Job Creation Law amended Article 88 of Law No. 32 of 2009, administrative sanctions treated as a cost of doing business, and outcomes disproportionate to ecological harm; and (3) parties behind the veil of ignorance would reject such rules because they conflict with equal liberty, the difference principle, fair equality of opportunity, and the just savings principle. The novelty of the article lies in using Rawls’s theory of justice, which none of the studies reviewed applies to this problem, as a test of corporate land-burning impunity. The article recommends restoring strict liability, proportionate corporate sanctions under the new Criminal Code, permit revocation for repeat offenders, and stronger access to justice for victims.
Standarisasi Mahar Minimal dalam Perkawinan Masyarakat Adat Sunda: Tinjauan Hukum Islam di Desa Sibanteng, Kecamatan Leuwisadeng, Kabupaten Bogor Nurahmansyah N; Farida Ulvi Na’imah
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.23637508

Abstract

This study examines how a minimum mahar standard emerged in marriages among the Sundanese customary community of Sibanteng Village, Leuwisadeng District, Bogor Regency, and how Islamic law assesses it. The study used a qualitative phenomenological approach with a case study design. Data were collected from January to July 2025 through observation, semi-structured interviews with a customary leader, religious leaders, and the head of the local Office of Religious Affairs (KUA), and a review of KUA marriage registers for January to April 2025. The data were analysed descriptively and checked through source triangulation. The findings show that the standard formed culturally as living law. It protects the dignity of the bride and reduces visible gaps between families. In current practice, the threshold that residents actually refer to has shifted to a set of prayer equipment or roughly two grams of gold. Of the 77 mahar records analysed, two grams was the most frequent gold weight, while a cash mahar of exactly IDR 100,000 appeared only twice. From an Islamic law perspective, the standard does not contradict Qur'an 4:4, the hadiths that favour modest mahar, or Articles 30 and 31 of the Compilation of Islamic Law, as long as it rests on the consent of both parties and is not used as a condition that blocks the marriage contract.
Deconstructing the Myth of Legal Neutrality: A Critical Legal Studies Perspective on Disparities in Law Enforcement Against Marginalized Communities Fahri Indiyartono; Natanael Robona A Siagian
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.23526118

Abstract

Criminal law enforcement in Indonesia often shows a gap between the promise of equality before the law and the outcomes experienced by marginalized communities. Minor cases involving the poor are processed through to a verdict, while major cases involving power and capital tend to move slowly and end lightly. This study aims to explain why power relations affect the objectivity of law and to formulate a philosophical remedy for these disparities. It employs a normative legal method using statutory, conceptual, and case approaches through library research. The findings indicate that legal neutrality is a myth sustained by legalistic-positivist thinking. Criminal norms that are open to interpretation benefit those who can afford strong defense, while marginalized people receive the most rigid reading. Progressive Law, judicial law-finding (rechtsvinding), and Article 53 paragraph (2) of the new Criminal Code can ground a judge’s duty to prioritize substantive justice, provided that judicial reasoning remains open to testing and respects the principle of legality. A change in how law enforcers think therefore matters more than a change in statutory text
A Utilitarian Analysis of the Policy Exempting Electric Vehicles from the Odd-Even System to Achieve Optimal Utility Adam Ramadhan; Farsya Dalila Alamsyah
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.23332567

Abstract

The increase in the number of motor vehicles in Jakarta has led to increasingly complex traffic congestion problems. One of the policies implemented by the DKI Jakarta Provincial Government to control vehicle volume is the odd-even policy. Under this system, electric vehicles (EVs) are exempt from these restrictions as an incentive to encourage the use of environmentally friendly vehicles and reduce emissions. However, the increasing number of EVs poses a problem because these exemptions have the potential to reduce the effectiveness of the odd-even policy in controlling traffic congestion. This study aims to analyze the odd-even policy, particularly the exemptions for EVs, and to formulate an ideal policy to address this issue. This study employs a normative legal approach. The study findings indicate that, at the outset of its implementation, the exemption for EVs was beneficial because it encouraged the transition to environmentally friendly transportation without significantly impacting road capacity when the number of EVs was still limited. However, as the number of EVs increases, the exemption has the potential to undermine the effectiveness of the odd-even policy as a traffic control measure.  According to utilitarian theory, adaptive regulations are needed that take into account the time of day, the area, the number of vehicles, and the level of traffic density.
The Legal Consequences of Interfaith Marriages Conducted Abroad on Their Registration in Indonesia Maharani Sahha; Muh. Jufri Ahmad
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.23853709

Abstract

Interfaith marriages conducted abroad have become an increasingly prevalent phenomenon alongside global mobility and differences in legal regulations across countries. Under the Indonesian legal system, the validity of marriage largely depends on the fulfillment of religious requirements as stipulated in Article 2 paragraph (1) of the Marriage Law, thereby raising legal issues when foreign marriage certificates are submitted for registration in Indonesia. This study aims to analyze the legal consequences of interfaith marriages conducted abroad with regard to their registration in Indonesia and examine how the state assesses the substantive and formal validity of such marriages. The research employs normative legal research methods, using statutory and conceptual approaches through an examination of legal doctrines, family law theories, and principles of private international law. The findings indicate that although foreign marriage certificates may be formally valid under the laws of the country where the marriage was solemnized, such marriages may still fail to satisfy the substantive requirements for marriage validity under Indonesian law if they are not conducted in accordance with the applicable religious provisions. Consequently, registration in Indonesia may be refused by the Civil Registry Office, potentially resulting in the absence of recognized marital status, administrative obstacles, and civil legal vulnerabilities for both spouses and their children. This study concludes that a disharmony exists between the formal validity of foreign marriage certificates and substantive validity under national law. Therefore, clearer legal policies are necessary to ensure legal certainty for Indonesian citizens.
The Role of Judge and Non-Judge Mediators in the Mediation Process as an Effort to Reduce the Divorce Rate at the Cikarang Religious Court Denny Hermawan; Muslihun M
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.23608692

Abstract

Divorce cases dominate the docket of the Cikarang Religious Court, yet the mediation required before the substance of a case is examined rarely ends in reconciliation. This study asks two questions: what roles judge and non-judge mediators play, and how mediation of divorce cases is carried out in this court. It uses a juridical-empirical approach with a descriptive-analytical qualitative method. Primary data come from observation and interviews with judge mediators in April 2025, while secondary data consist of the regulations on mediation procedure, annual reports, and the mediation case records for 2023 and 2024. Mediation follows the stages set out in Supreme Court Regulation Number 1 of 2016: pre-mediation, the mediation sessions, and the outcome, with caucus and cross-questioning used to explore the dispute. Of the 12 mediators on the court’s roster, nine are judges and three are non-judges. Mediation succeeded in 109 of 406 cases (26.8%) in 2023 and 139 of 614 cases (22.6%) in 2024, below the 40% figure treated as the target. The main obstacles are a firm decision to divorce, uncontrolled anger, an inability to forgive after infidelity, and unwillingness to negotiate.
The Relationship Between Law and Morality from the Perspective of Legal Philosophy Firyal Nur Salsabilasyah; Karren K
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.23433348

Abstract

Law and morality are two closely related aspects of human life, but they do not always have the same status and function. Law is essentially a set of rules established and recognized by a society or state and possessing binding force, whereas morality concerns judgments about the rightness or wrongness of an action based on values upheld within society. The relationship between law and morality is an important topic in legal philosophy, particularly in determining whether a law must always conform to morality to be considered good and just. This study aims to analyze the relationship between law and morality and examine whether the validity of law must always be based on moral considerations. This study employs normative legal research methods using philosophical and conceptual approaches. The materials used consist of primary and secondary legal sources obtained through a literature review. The findings indicate that law and morality are interrelated, particularly because the formation of law cannot be entirely separated from the values that develop within society. However, law and morality cannot be equated, as they differ in their sources, forms, and enforcement mechanisms. The formal validity of law does not always depend on its conformity with morality. Nevertheless, from the perspective of legal philosophy, morality continues to play an important role as a basis for assessing whether a law upholds the values of justice and fulfills the objectives of law.

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