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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 798 Documents
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Harmonisasi Kewenangan Mengadili Antara Pengadilan Tindak Pidana Korupsi dan Pengadilan Tata Usaha Negara Dalam Menilai Ada Atau Tidaknya Penyalahgunaan Kewenangan Baseno, Ongky Ramadhan; Ahmad, Muh. Jufri
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.11836700

Abstract

The existence of the UUAP has given the PTUN attribution of authority in receiving, examining and deciding whether or not there are elements of abuse of authority in a decision and/or action from a government official. Based on this, several problems emerged related to the authority to adjudicate the PTUN and also the authority to adjudicate the Corruption Court, where previously the authority to adjudicate criminal acts of corruption was the primary function of the Corruption Court. After the birth of Perma No. 4 of 2015, PTUN can accept requests whether or not there is abuse of authority. Fundamental to this, there is a problem formulation used, namely as follows: Can officials who are accused of abuse of authority submit an application to the PTUN in accordance with Perma No. 4/2015? The research method used in writing this thesis is a legal research method and uses a conceptual approach, a legal approach. The object of the request for testing in Article 2 paragraph (2) of Perma 4/2015 uses the phrase "after the results of APIP supervision". In terms of the principles of forming good legislative regulations, this formulation is contrary to the principle of clarity of formulation, because the choice of words or terms used gives rise to various kinds of interpretations. Because, the interpretation can be in the form of: (a) LHP APIP decision; (b) follow-up decisions from the LHP issued by authorized officials; (c) LHP APIP follow-up decisions issued by APH; and (d) the applicant's own decision.
Analisis Saham di Pasar Modal Indonesia: Kinerja, Tantangan, dan Prospek Masa Depan Nadjima, Aulia Rachmatullah; Andhiyo, Immanuel Given Bintang; Putra, Alfarel Endito
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.12188442

Abstract

The Indonesian capital market has an important role in the country's economic activities, with its performance highly dependent on national, regional and international economic performance. This analysis provides a holistic picture of the performance of leading stocks, the dynamics of stock trading, and the driving factors in the capital market. This research explores what factors drive a significant increase in leading shares, including external factors such as changes in the global investment climate, national economic developments, and government policies that affect related sectors. Apart from that, internal aspects of the company such as financial performance, innovation and management strategy are also considered. Challenges faced by the Indonesian capital market include the limited types of securities traded, regulations for protecting investor rights, "gaming" in stock transactions, and the public's lack of knowledge about the capital market. To improve capital market performance, the role of local investors needs to be increased, and several challenges in capital market development must be overcome. The future prospects of the Indonesian capital market depend on the ability of policy makers to take advantage of existing opportunities. Thus, this analysis provides a better picture of the performance of leading stocks, the dynamics of stock trading, and the driving factors in the capital market, as well as offering recommendations for improving capital market performance in the future.
Analisis Hak Pesangon Pekerja PHK Berdasarkan Perspektif Omnibus Law dan Pasal 156 Perppu Nomor 2 Tahun 2022 Tentang Cipta Kerja Izzati, Aulia Putri; S, Suwarsit
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.11218356

Abstract

The aim of this research is to analyze the implementation of severance pay rights for employees affected by layoffs based on Article 156 of Government Regulation in Lieu of Law Number 2 of 2022 (Peru) concerning the Manufacturing Industry. This Perppu plays an important role in regulating the rights and protection of workers affected by layoffs in Indonesia. This study uses normative law based on Perppu Number 2 of 2022 concerning Job Creation, and its compliance with related laws and regulations has been reassessed. Data collection was carried out through a literature review of articles, books and related laws and regulations. The report's findings show that the implementation of severance pay rights for workers affected by layoffs based on Article 156 of Presidential Decree No. 2 of 2022 is still weak and many employers do not fulfill their obligations based on this article. In conclusion, the implementation of the obligation to pay severance pay to workers affected by layoffs based on Article 156 of Perppu Number 2 of 2022 has important implications in ensuring the protection of workers who lose their jobs in a legal system.
Perlindungan Hukum Bagi Masyarakat Indonesia Yang Menjadi Korban Perdagangan Manusia di Luar Negeri Putri, Amelia; Prasetyo, Handoyo
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.12548815

Abstract

Indonesia is a country of law, all actions in Indonesia are regulated and bound by law. Human trafficking takes the form of an organized criminal act which is carried out using both conventional methods such as persuasion from labor recruiters at the village level to modern methods. The practice of human trafficking has become a crime that takes many victims from the public, especially people who have low incomes and low levels of education. In Indonesia, human trafficking takes the form of a crime that has the aim of sexual exploitation, domestic servants, housemaids, migrant workers, child labor, and arranged marriages. The end result of these crimes is that the victims are forced to work under poor working conditions and for inadequate wages. Cases of criminal acts have attracted public attention recently, this is also what attracted the attention of the writer to explore further the case of Indonesian citizens suspected of being victims of criminal acts of human trafficking in Myanmar. The research method used in this research is qualitative. To obtain the data needed in this research, the author conducted library research. Literary research is carried out to obtain secondary data by studying regulations, literature, including general references such as books, journals and so on. Factors that trigger the crime of human trafficking in Indonesia include poverty, education, lack of access to information, early marriage and divorce, difficulty finding work and so on.
Pro dan Kontra Mengenai Pengawasan Mahkamah Konstitusi oleh Komisi Yudisial Kusuma, Anggita Febby; Rahma, Aura Mutia; Asyifa, Faradilla Kurnia; Devana, Kayla
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.11529709

Abstract

Supervision of Constitutional Court Judges by the Judicial Commission is part of efforts to ensure truth and justice through honor, dignity and behavior. In the Indonesian judicial system, the Judicial Commission can supervise Supreme Court Judges, but the Judicial Commission cannot supervise Constitutional Court Judges who are more independent because they have broader authority. In this supervision, the Judicial Commission acts as an independent balancing institution for judicial power so that judicial power can be accounted for and the public can see how well the judiciary is performing. 
Analisis Yuridis Terhadap Larangan Kegiatan Pada Bulan Ramadhan Dalam Perspektif Konstitusi Al Hasanie, Ryan; Saputra, Dadin Eka; Ridho, M. Rosyid
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.13764282

Abstract

Ramadan is a month that is holy and full of mercy, a month full of favors and full of forgiveness for every Muslim. To create a solemn and comfortable Ramadan fasting for Muslims in the City of Banjarmasin, the government of the City of Banjarmasin passed the RegionalxRegulation of the City of Banjarmasin Number 4 of 2005 concerningxAmendments to the RegionalxRegulationxof the City of Banjarmasin Number 13 of 2003 concerning Prohibitionxof Activitiesxduring the Monthxof Ramadan. This regional regulation contains a ban on opening stalls, restaurants, rombong, cafes and the like during fasting time or during the day and is only allowed to sell in the afternoon at 17.00 WITA. As well as a ban on activities in entertainment venues for a full month. This regional regulation also includes sanctions that apply to business actors and the public who are found to have violated this regional regulation. The formulation of thexproblem inxthis studyxis how to regulate the law regarding the prohibition of activities in the month of Ramadan according to the Regional Regulationxof the City of Banjarmasin Number 4 of 2005 concerning Amendments to the RegionalxRegulation of the City of Banjarmasin Number 13 of 2003 concerning the Prohibitionxof Activities in the Monthxof Ramadan and how is the Juridical Analysis of the RegionalxRegulations of the City of Banjarmasin Number 4 of 2005 concerning Amendments to Banjarmasin City Regional Regulation Number 13 of 2003 concerning Prohibition of Activities in the Month of Ramadan in a Constitutional Perspective. Thextype of research used is casexstudy research using normative methods. In thisxstudy, researchers seek and obtain information through literature, journals, laws and regulations, internet browsing, and other documents. In this case the researcher looks for the books needed.
Peran OJK Dalam Perlindungan Konsumen Terhadap Kebocoran Data Pada Konsumen Jasa Keuangan Indonesia Ferdiansyah, Diva Salsabila; Ameeralia, Nafisa Verlee; Kresna Putri, Azzahra Aulia; Fikrie, Safina Nabila
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.11737122

Abstract

This research examines the role of the Financial Services Authority (OJK) in protecting financial services consumers in Indonesia from data leaks. Consumer protection has become an important issue as data leak incidents increase which can harm consumers. This research is normative juridical research using a statutory approach. The data sources used in this research are primary legal sources and secondary legal sources. The formulation of the problem discussed in this research is what factors cause consumer data leaks in financial services and what is the role of the OJK in overcoming data leaks in financial services. The results of this research are that data leaks in financial services have a big impact on society. Thus, OJK must have policies and steps to prevent and handle data leaks, including regulation, supervision and education of financial institutions and consumers.
Analisis Hubungan Pendekatan Penegakan Undang-Undang Lalu Lintas Terhadap Kepatuhan Masyarakat Zulfikar, Faiz Raudhin; Akbar, Muhamad Dafi; Putra Siagian, Imanuel Nelson; Darussalam, Rezky Fabyo; Ilham, Muhamad; Simamora, Mexi Christian; Fadhlullah, Muhammad Azhar Zakiy; M, Mulyadi
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.12169130

Abstract

The success of Traffic Law Enforcement itself is determined by various factors that influence it, starting from the substance of regulations, activities in implementing law enforcement efforts, to the culture of law compliance in society. Law enforcement in the traffic sector is explicitly regulated in the provisions of Law No. 22 of 2009 (UU LLAJ), as well as implementing regulations related to motor vehicle inspection procedures/methods regulated in PP 80/2012. In these provisions, there are various kinds of provisions/substances that regulate all activities or activities of legal objects and subjects in the traffic sector, both as law enforcement officers and the public (road users). In this scientific article, research was carried out using normative juridical methods (Legal Research), which means that research is carried out by analyzing or approaching a phenomenon or problem from the perspective of legal norms. After conducting the analysis, the author found that there are various factors that determine public compliance with traffic laws, including how big the government's role is and what kind of approach must be taken in enforcing traffic laws, how much awareness the public has in obeying traffic regulations, The factors in question include internal factors from society itself based on awareness of the importance of law and external factors that encourage society to comply with existing laws.
Property Position and Islamic Economic Law Hardiati, Neni; F, Fitriani
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.11198630

Abstract

Property in Islam has a position as a pillar of life that supports the running of all activities, history records that the beginning of the Islamic struggle carried out by the Prophet SAW could not be separated from the role of his wife as a conglomerate who had advantages in financial terms. The position of this treasure is very important especially in economic activities, business, and worship, so that attention to this treasure has been prioritized by umara and scholars since time immemorial. Islam always teaches mankind to be grateful for the treasures that in their possession are used for devotion to Allah SWT and used solely to get closer to Him. In addition, it is also used for the benefit of many people in terms of helping others, for that it should be considered how to get it, its management and how to use it. The Qur'an pays great attention to the issue of wealth by giving detailed and extensive limits on property. Many scholars have opinions to know the position of this treasure including Imam Hanafi, Imam Shafi'i, Imam Maliki and others. Among their opinions is how the Shari'a establishes ways to obtain property, distribute it, develop it and so on. This was conveyed by them to be a reference and guideline so that the process of managing assets in human life does not cause damage and loss either to nature, the environment or to individuals and society.
Perlindungan Hak Tenaga Kerja Terhadap Buruh Perempuan Yang Mendapatkan Ketidakadilan di Tempat Kerja (Studi Kasus PT. AFI) Hidayat, Muhammad Rahmadzani; Aini, Qurrotul
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.12521988

Abstract

This article discusses the injustices experienced by female workers at PT. AFI, where women are often placed in jobs that are not equal to their abilities and are threatened with dismissal if they do not comply. This reflects gender-based discrimination in the world of work. Injustice towards female workers still often occurs even though there are various regulations that protect their rights, such as Law Number 13 of 2003 concerning Employment and other regulations that guarantee the right to leave for menstruation, pregnancy, childbirth and breastfeeding. The implementation of this law is often ineffective, so that many complaints from female workers are ignored. The legal prevalence of female workers must be more enforced and companies must be committed to fulfilling their rights to create a fair and supportive work environment. In this research, the author applies normative juridical research methods through the use of several approaches, namely the Statutory Approach, the Conceptual Approach, and the Case Approach. It is hoped that the resulting research will provide broad benefits to the general public by broadening their understanding regarding the prevalence of women in the workforce or injustice in the work environment based on applicable laws.

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