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Penerbit Yayasan Daarul Huda
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INDONESIA
Media Hukum Indonesia (MHI)
ISSN : -     EISSN : 30326591     DOI : https://doi.org/10.5281/zenodo.10995150
Core Subject : Social,
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.
Articles 798 Documents
Analisis Hukum dan Strategi Untuk Menyelesaikan Kasus Geser Hari Libur Tanpa Upah Lembur Nurhalizah, Aisyah; Hervinia, Helen; Frefy, Fyo Akbar Putra; Benedicta, Liametami; Sembogo, Achmad Dimas Aliffian; Yuli, Yuliana
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11989599

Abstract

The case of shifting holidays without overtime pay is a major concern in the field of labor law. This phenomenon raises questions related to the company's compliance with applicable legal provisions and the protection of workers' rights. In this study, we conduct an in-depth analysis of the relevant legal aspects and strategies that can be applied to resolve this type of case. The approach used includes an analysis of applicable labor regulations, case studies to identify patterns of company behavior, and a review of court decisions related to similar cases. The method used in the literature study research is beneficial, namely finding a foundation to obtain and build a theoretical basis, a framework for thinking, and determining temporary research assumptions. The results of the analysis show that there are legal loopholes that allow shifting holidays without overtime pay to occur, but also provide room for the protection of workers' rights. The recommended strategies include increasing legal awareness among workers, strict monitoring of companies' compliance with regulations, and legal advocacy to enforce workers' rights. This study makes an important contribution to understanding and resolving cases of shifting holidays without overtime pay effectively, as well as providing a basis for formulating stronger policies in protecting workers' rights.
Peran Lembaga Pemasyarakatan Dalam Pembentukan Kesadaran Narapidana di Bima NTB S, Sukirman; N, Nasrullah; J, Jufrin; Amin, Muhamad; A, Ahmad; Imaduddin, M Asad; Sagaf, Umar
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11114606

Abstract

This research was conducted by analyzing the role of correctional institutions in forming the awareness of prisoners in Bima NTB and the obstacles experienced by correctional institutions in forming the awareness of prisoners in Bima NTB. The type of research used in this research is empirical law or non-doctrinal legal research, namely the type of research that will focus on examining field realities and combining them with legal rules, legal principles and legal norms contained in statutory regulations or positive law. The results of the research show that the role of correctional institutions in forming awareness of prisoners in Bima, NTB, correctional development of prisoners in Bima detention center has been carried out very well, considering that all training activities carried out in prisons are activities that have been determined by the laws and regulations relating to prisons and Coaching, in other words, coaching in the detention center has been carried out in a structured manner with a correctional system that upholds the elements of education and character building for prisoners as the main focus of coaching. The efforts made in providing guidance to prisoners are shared by all prisoners from skills activities and providing seminars for prisoners to inspire their minds to change and live a better life, both spiritually and physically. Apart from that, the obstacles faced by supervisors in carrying out community development for prisoners at the Bima Detention Center are limited time and human resources, namely the ability of a supervisor to carry out guidance. Facilities and infrastructure that meet the criteria but are still less efficient in their use due to situations and conditions that sometimes prevent prisoners from using some facilities.  
Pemanfaatan Perjanjian Kerja Sebagai Perlindungan Terhadap Pekerja Outsourcing Hanun, Lalita Maida Listiyani
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12515397

Abstract

The application of the outsourcing system in assisting business activities has become a strategy that is considered efficient in the business world. The use of outsourced workers as helpers in doing the company's supporting work has efficiency so that the company can focus on its core work or production to the fullest. Even so, there are often violations and neglect committed by the company against workers, making workers experience exploitation and discrimination from the company. Outsourced workers are exploited by being worked on continuously as outsourced workers without regard to existing regulations and without regard to justice for workers. Discrimination is found in the clear differences in rights between permanent and outsourced workers, some of which violate the rules. The misrepresentation of the rules that occurs here makes workers realize the importance of a Work Agreement for the certainty of the rights and guarantees they will receive. The Work Agreement is one way for workers to avoid exploitation and discrimination in the world of work.
Tinjauan Undang-Undang Ketenagakerjaan dan Hak Asasi Manusia Terhadap Pelanggaran Hak Istimewa Buruh Perempuan PT Aice Rubianti, Vaganti Safa Sukma
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11389507

Abstract

A worker is an individual who is within the working age range of 15 to 64 years old, is currently engaged in employment, actively seeking employment, and has the capability to do work tasks.The issue of ensuring labour rights necessitates increased government attention. The persistence of worker ignorance regarding their rights and the misconduct of profit-driven entrepreneurs pose ongoing challenges that are difficult to eliminate due to inadequate government oversight. The rights and responsibilities of workers are explicitly outlined in the employment contracts that are issued. The rights and duties outlined in the work agreement must be in compliance with legal rules, as agreed upon by both parties. Employers are required to satisfy certain rights for female workers, including menstruation leave, delivery, miscarriage, and nursing. Nevertheless, numerous instances of female workers' privileges being violated persist in reality. Discrimination against female workers remains prevalent, exemplified by instances such as pregnant women being compelled to work late into the night. Furthermore, workers' limited awareness of their reproductive protection rights continues to hinder their fulfilment. Labour rights pertaining to women.
Analisis Peran Konstitusi Dalam Menjamin Hak Asasi Manusia Dan Keadilan Sosial : Studi Kasus Negara Indonesia Dalam Konteks Dinamika Politik Kontemporer Mustikasari, Febriani
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12730332

Abstract

This research aims to analyze the role of the constitution in guaranteeing human rights and social justice in Indonesia, especially in the context of contemporary political dynamics. The constitution, as the highest basic law, has a vital role in regulating national and state life, including protecting the basic rights of citizens. The Indonesian case study shows how the constitution regulates mechanisms for protecting human rights and social justice amidst dynamic political change. Through a qualitative approach with document analysis and interviews, this research found that although the Indonesian constitution has established a strong legal framework to protect human rights and social justice, implementation in the field still faces various challenges. Factors such as political influence, corruption and economic inequality are the main obstacles to realizing true social justice. It is hoped that the results of this research can contribute to the development of more effective policies in strengthening the role of the constitution in guaranteeing human rights and social justice in Indonesia.
Prinsip Pertanggungjawaban Mutlak Akibat Perbuatan Melawan Hukum Dalam Sengketa Pencemaran Lingkungan Ardiansyah, Aldizar Fikri; Rizqathallah, Mohamad Rifqi; Saputra, Rafi Rangga; Putri, Tiara Frianita; Patricia, Zefanya; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11634422

Abstract

This research reviews the principle of strict liability resulting from unlawful acts, implemented in environmental pollution disputes. An unlawful act, as stipulated in Article 1365 of the Indonesian Civil Code (KUH Perdata), is an act that violates civil law, either contained in an agreement or not, and causes harm to third parties. However, in its application, especially in environmental law enforcement, there are weaknesses in proving the element of fault. The principle of strict liability is regulated in Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management, which means that in cases where environmental damage occurs, the defendant is absolutely responsible for the damage, regardless of intent or negligence. This research analyzes the decision of the North Jakarta District Court Number. 735/Pdt.G/2018/PN.Jkt.Utr., where PT How Are You Indonesia was found guilty of environmental pollution. According to Article 88 of Law Number 32 of 2009, those producing hazardous and toxic waste (B3) are strictly liable without the need for proof of fault. The judge granted the plaintiff's claim, declared the defendant guilty, and ordered them to pay compensation of IDR 12,198,942,574, emphasizing the importance of compliance with environmental standards and sending a strong message to other business actors.
Dampak Cyberbullying Bagi Masyarakat Indonesia dan Implementasi Peraturan Perundang-Undangan Negara dalam Melindungi Masyarakat Indonesia dari Cyberbullying Istimeisyah, Dian; Hasnakusumah, Raisha Tiara; Marsanthy, Talitha Aqiella
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12200789

Abstract

Cyberbullying is bullying via the internet using digital technology that often occurs among young people (teenagers) due to frequent access to things that are online. The purpose of this study is to determine the impact of cyberbullying and the implementation of laws and regulations in protecting Indonesian people from cyberbullying. This research uses a normative juridical research method with a statutory approach. The conclusion of this research is that cyberbullying has many impacts on society, especially teenagers and is regulated in Law No. 1 of 2024 concerning amendments to Law No. 19 of 2016 concerning Electronic Information and Transactions.
Tinjauan Yuridis Terhadap Tindak Pidana Penipuan Online Ama, Jefrianus Tamo; Kadir, Syukron Abdul
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11318026

Abstract

The crime of online fraud is regulated in Law no. 11 of 2008 regarding amendments to Law no. 19 of 2016 concerning Informatics and electronic transactions. Online fraud is a criminal case that is categorized as a criminal offense. The problem of online fraud has existed since the development of technological tools. Fraud is classified as a criminal act because it is regulated in the Criminal Code which is classified as public law, and if it is violated. And if the elements of a criminal act of fraud are met then criminal sanctions can be applied according to Article 28 (1) of the ITE Law. The crime of fraud is regulated in CHAPTER XXV Book II of the Criminal Code which contains various forms of fraud which have their own special names. What is known as fraud is a crime that is formulated in articles 378 to 395. The conditions for an act to be considered a criminal act of fraud are that the act must fulfill all the elements that constitute a prohibited formula which is punishable by criminal law and the act must be against the law (no justification), in other words someone who is said to have violated the law must fulfill the elements contained in the Criminal Code.
Implikasi Hukum Terhadap Hak Pekerja Harian Lepas di Era Digital: Perspektif Hukum Ketenagakerjaan Wildan, Ahmad; Hayat, Gian Muzakir; Podungge, Khalisyah Amara
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12599595

Abstract

The digital era has changed many aspects of life, including the world of work, with the emergence of new work models such as working from home and remote work. The three main factors driving this change are technological disruption, technological adaptation, and work transformation, which have been amplified by the pandemic. Freelance work is becoming increasingly common, but is often not accompanied by adequate regulations to protect workers' rights. This research aims to analyze how labor regulations can be adapted to accommodate the new realities of the digital era and provide better protection for freelance workers. The method used is descriptive analysis with a normative juridical approach, examining labor regulations in Indonesia. The research results show that although technological advances bring benefits, many freelancers face legal status protection and lack of rights protection. More effective and comprehensive regulations are needed, as well as cooperation between governments, employers, academics and legal experts to create a fairer and more sustainable work environment.
Tinjauan Kasus Pemerkosaan Berdasarkan Hasil Putusan PN Jayapura Dalam Perspektif Kriminologi Hukum Pidana Indonesia (Studi Kasus Putusan Nomor 139 / Pid.B / 2017 / PN Jap) Aristias, Adinda; Andari, Astriana; Syahrani, Devy Fitri; Fatimah, Ghefira Nur; Nandita, Lufna; Rinanti, Pitra; Syawal, Zahra Auliana Putri; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11561974

Abstract

Many rape cases occur in environments that should provide a sense of security, but actually do the opposite. The term sexual violence is an unreasonable sexual act or act that can harm the victim. This research uses qualitative research methods involving analysis of legal documents and legal literature (Decision Number 139/Pid.B/2017 /PN Jap). This research uses library research to collect data. This research uses secondary data sources such as books, journals, articles and the decision of the Jayapura District Court Number 139/Pid.B/2017/PN Jap. Normative legal research is the type of research used. The results of this research show that the crime of sexual crime or rape is to satisfy the perpetrator's desires by force or not with the consent of both parties. Based on the juridical side, the criminal act of rape is seen based on existing elements, one of which is the occurrence of violence. If seen based on the decision in case Number 139 / Pid.B / 2017 / PN Jap, it is clear that this is a criminal act of rape. However, based on criminology, the benchmark is consent, not violence. These factors determine and classify the act as rape.