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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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Reformulasi Hukum Terkait Batas Usia Maksimal Anak Dalam Pemidanaan Anak M, Mulyadi; Adfari, Tsabitah Rahmah; Abdullah, Nayla Putri; Yadilla, Natasya; Amelia, Sabina Putri; Wicaksana, Dika Hikmah; Widiastiwi, Alisha Reva; Camilla, Garneta Rizka
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.11406932

Abstract

As a legal country, of course, Indonesia has all the rules that regulate social life. Every violation committed by society will definitely have legal consequences. However, there are several circumstances that make it possible to receive pardon in legal consequences, one of which is if the perpetrator is still a minor. In Indonesia itself there are three age groups for perpetrators, namely under 12 years, between 12 and 14 years, and between 14 and 18 years. 18 years of age is considered the maximum age limit for child punishment. However, in reality, many children aged 16-18 years commit crimes and even take their lives. Even 18 years old should not be included in the child category, because they are considered to have entered the adult process where they are able to judge what is good and bad. This research aims to see whether the maximum limit for punishing children, namely 18 years of age, is still ideal for use in Indonesia today. The research methodology used in this research is a normative juridical approach. As for the results of this research, we found the urgency of reformulation regarding the maximum age limit for children in child punishment and there are also several views regarding the reformulation of this child age limit.
Kajian Yuridis Kejahatan Lintas Negara Berkaitan Dengan Perlindungan Data Pribadi Yunani, Farhan A; Ilmih, Andi Aina
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.12736637

Abstract

The rapid development of the internet, marked by the emergence of search sites and social media such as Google, Facebook, YouTube, TikTok, Instagram, Twitter, and many more, has brought revolutionary changes in the way we interact, work, and live daily. However, while this technology provides great benefits, there are also negative impacts that need to be considered. With the rapid development of technology, cyberspace has become an arena for various forms of crime known as cybercrime. These crimes, which violate the law and harm society, are a serious threat that must be confronted and eradicated. The rapid development of technology has opened the door to various technological crimes. An unrestricted internet allows access to various sites, which criminals can exploit to violate data security and carry out manipulation. Data confidentiality is key in this digital era. Unlimited use of the internet opens up opportunities for criminals to hack systems and manipulate data. Therefore, maintaining data and report security is very important. To fight the threat of cybercrime, countries need to use effective tools, one of which is Cyber Law.
Peran Perserikatan Bangsa-Bangsa dalam Penyelesaian Pelanggaran HAM Terhadap Etnis Rohingya di Myanmar: Perspektif Responsibility to Protect Concept Fadilah, Fatma Putri; Hakim, Moh. Akmal Taris; Frefy, Fyo Akbar Putra; Wahyuni, Ridha
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.11663887

Abstract

Responsibility to Protect (R2P) is an international principle that emphasizes the obligation of every country to protect the human rights of its citizens. Although human rights violations against the Rohingya ethnic group in Myanmar are an internal problem, resolving them is still difficult. Further evaluation by the UN is needed to ensure the effectiveness of R2P implementation. The UN implements R2P through the Security Council and Human Rights Council to overcome the humanitarian crisis against the Rohingya ethnic group. The type of research used is literature study by reviewing existing literature related to the written topic. The method used is a qualitative research method with the data source used in the form of secondary data obtained from several national journals, articles and previous research. The result is that we can see that the implementation of R2P in this conflict is still facing difficulties, as shown by the UN Presidential Statement in November 2017. The role of the UN Human Rights Council helps in resolving cases of human rights violations against the Rohingya ethnic group, although the implementation of R2P is difficult in Myanmar's internal conflict with the Rohingya ethnic group.
Perlindungan Hukum Bagi Pekerja Migran Indonesia Korban Kejahatan Perdagangan Orang Dalam Perspektif Hukum Ketenagakerjaan Prananda, Mayang Talentasari
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.11862990

Abstract

Indonesia is a legal country that has a relatively large population. Based on data from the Budget Study Center for the Expertise Agency of the Secretariat General of the DPR RI for 2020 to 2024, the number of Indonesian citizens living abroad is recorded at approximately 3,011 (three thousand eleven) million people with 90% being Indonesian migrant workers or often called Indonesian Workers. A person who meets the requirements and qualifications to work abroad for a certain period of time is called an Indonesian Migrant Worker or often understood as an Indonesian Migrant Worker. Indonesian workers still occupy the position as the largest contributor to the country's foreign exchange. Apart from that, there are still many other problems faced by Indonesian workers abroad. One of them is a victim of a human trafficking crime. TPPO or Human Trafficking in the English translation is actually not a recent case. The research method used is normative juridical. Based on the analysis and discussion discussion in this article, it is known that the main factors driving the increase in human trafficking cases are education and the economy. Indonesian workers who are victims of human trafficking are required to receive protection as regulated by the Indonesian Migrant Worker Protection Law.
Upaya Pencegahan Politik Uang dan Hoaks Dalam Pemilu di Indonesia: Analisis Yuridis dan Implementasinya Priyantoro, Lucky; Triadi, Irwan
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.12507928

Abstract

Democratic government in Indonesia has been a rule of law since the Second Amendment to the 1945 Constitution, and elections have become an important tool for encouraging democracy and the transfer of power. However, money politics has become a common phenomenon that causes unfit leaders and sabotages the country's political paradigm. The rise of hoaxes, which are created, replicated and disseminated through public channels, is a problem that needs to be addressed. This research examines election political campaigns in Indonesia, laws and regulations governing the receipt of money in politics, and efforts to prevent hoaxes. This research will use a normative juridical research design with a literature review as the main data source. Researchers will be able to fully understand the Efforts and Implementation of Preventing Hoax Money Politics in the Elections in Indonesia that follow using a normative juridical approach. Implementation of statutory tools for bargaining for money politics in regional elections, and criminal sanctions for receiving political money include a prison sentence of 3 years and a maximum fine of 36 million. Media literacy and political literacy are important preventive measures against hoaxes, and the internet presents challenges such as a lack of online discourse and scientific verification in discussions.
Pembuatan Daftar Hitam Pemegang Nama Domain Terblokir sebagai Upaya Preventif Hak Cipta di Media Digital Sitorus, Tiara Agustina; Mayana, Ranti Fauza; Permata, Rika Ratna
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.11373204

Abstract

This research highlights the problem of copyright infringement through illegal websites, especially in the context of free movie streaming. The purpose of this research is to explain the formulation of creating a blacklist of blocked domain names as a preventive measure in protecting copyright in digital media based on Indonesian positive law, as well as identifying the liability of electronic system organizers related to copyright infringement in ICT media. The method used is normative and comparative juridical with data from various sources. The Safe Harbor concept protects PSEs from liability for copyright infringement on their platforms, but proactive measures are still required. Recommendations include improving monitoring of user content, cooperation with copyright owners, updating internal policies, and disseminating copyright education to users.
Analisis Konflik Agraria di Kalimantan Timur: Studi Kasus Sengketa Lahan Antara Masyarakat Adat dan Perusahaan Tambang Prasetya, Noviar Haikal; Zuffran, Fauzie; Murtada, Fathur Sultan
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.12636956

Abstract

This study aims to analyze agrarian conflicts in East Kalimantan, focusing on land disputes between indigenous communities and mining companies. Agrarian conflicts in this region are often caused by differing interests between communities defending their customary land rights and mining companies seeking to exploit natural resources. This research uses a qualitative approach with a case study method to deeply explore the dynamics of the conflict and its impacts on both parties. Data were collected through in-depth interviews with representatives of indigenous communities, company officials, and local government, and analyzed using thematic analysis techniques. The results show that these agrarian conflicts are triggered by unclear land rights boundaries, lack of socialization and community participation in the licensing process, and government policies that tend to support natural resource exploitation. The impact of this conflict is highly detrimental to indigenous communities, both in terms of losing their customary lands, which are their sources of livelihood, and environmental damage that threatens their sustainability. This study recommends a review of agrarian policies, increased participation of indigenous communities in decision-making processes, and conflict resolution through dialogue involving all related parties. Thus, it is expected that fair and sustainable solutions can be created for all parties involved in agrarian conflicts in East Kalimantan.
Tinjauan Yuridis Terhadap Tindakan Merusak Barang Orang Lain Tanpa Sengaja Latri, Akhdan Adityo; Ramadhan, Niko Rafael; Dorinda S, Gabriel; Ginting, Yovani Yolanda Putri; Kusuma, Nanda Putri Andana; W, Yuliana Yuli
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.11608292

Abstract

This research discusses the juridical review of the act of accidentally damaging other people's property in the legal context in Indonesia. The main focus of this study is on the provisions of civil and criminal law that regulate responsibility and legal consequences of such actions. In civil law, the act of accidentally damaging property is regulated by Article 1365 of the Civil Code (KUHPerdata) which states that every unlawful act that causes loss is obliged to compensate for the loss, including actions caused by negligence. On the other hand, criminal law, through Article 406 paragraph (1) of the Criminal Code (KUHP), requires an element of intent to be subject to criminal sanctions. This research found that the act of accidentally damaging other people's property generally does not meet the criminal elements because there is no malicious intent, so it is more often resolved in the civil realm with a claim for compensation. Peaceful dispute resolution through mediation or negotiation was also identified as a method frequently used in practice to resolve these types of cases. This research provides a deeper understanding of how the Indonesian legal system handles cases of accidental damage to goods, as well as the legal implications for the parties involved.
Literature Review : Pengaruh Faktor Sosial Ekonomi Terhadap Tindakan Kejahatan Pencurian Sebagai Mata Pencaharian Nurfath, Al Fachri; Manik, Samantha Petricia; Prameswari, Audria Sharon; Maulitya, Tannya Athalla; Supriyadi, Tugimin
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.12190672

Abstract

The phenomenon of economic inequality is a problem that deserves attention, because it can become a social problem. One of the social problems caused by economic inequality is crime. Crime itself is often defined as a behavior that violates the law so that a person can be entangled with the law. Poverty has a major influence on the encouragement of criminal behavior both in the long and short term. This research uses the Literature Review study method by collecting, evaluating, and synthesizing all papers relevant to a particular research topic. The purpose of the literature review is to present a comprehensive understanding of the existing literature and identify knowledge gaps that justify further research. the data source used in this research is secondary data. Based on the results of a review of 5 journals that have been conducted, many factors can influence the occurrence of crime, but generally socio-economic factors are a big reason that causes a person to decide to commit the crime of theft. Socioeconomic factors themselves are caused by a person's inability to fulfill their daily needs, as a result of their employment status and social status.
Analisis Konflik Ketenagakerjaan Terkait Hak Buruh dan Kewajiban Pada Kasus PT Alpen Food Industri Desrina, Rania Adriane
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.11283580

Abstract

This research investigates the implementation of labor law in Indonesia, with a focus on protecting labor rights and enforcing regulations in the relationship between employers and workers. PT Alpen Food Industry (AFI) was chosen as a case study. The research method used is qualitative, by analyzing in depth descriptive data such as company documents and interviews with related parties. The research results show that there are various violations of labor law by PT AFI, including wage cuts, the use of outsourced labor with wages below standard, and the denial of leave rights for pregnant female workers. Conflicts between companies and workers, especially through labor strikes, illustrate failures in law enforcement that result in injustice for workers. This study highlights the need for increased law enforcement, stricter work inspections, and better protection of workers' rights as steps to improve labor conditions in Indonesia. Key words: employment law, protection of workers' rights, enforcement of regulations, case studies, legal violations, law enforcement, work inspections, injustice, Indonesia. 

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