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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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Hukum dan Moralitas : Kajian Hubungan Asas Hukum dan Moral Matondang, Togar Ibrahim; Lewoleba, Kayus K
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

Abstract

In this article we will discuss the relationship between legal principles and morality. Apart from that, it will also discuss how the principles of law and morality are related in several cases. The research method used in this research is a qualitative research method using legal literature and document analysis. The data collection technique used in this research is library research using secondary data sources in the form of law books, legal journals and legal articles. The type of research used is normative legal research, namely research carried out by analyzing and studying existing norms or applicable positive law, which are related to the problems discussed. Research results show that law and morals are two important pillars in the formation of a civilized society. While law provides a formal framework that helps maintain order and justice, morals provide ethical guidelines that help shape individual behavior in accordance with espoused social values. Both complement each other to create a harmonious and orderly environment, but it is important to remember that they work in different ways and have unique scopes. Respecting the law and practicing morality is the key to achieving a balanced and just social life.
Tinjauan Yuridis Terhadap Penghapusan KPK Serta Pelimpahan Hak, Kewajiban, dan Wewenang Aparatur Hukum Abdallah, Raffi Ikzaaz; Bintang A, Immanuel Given; Nadjima, Aulia Rachmatullah; Putra, Alfarel Endito; Tamir A, Sulthan Muhammad; Prasetyo, Handoyo
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.12188696

Abstract

The Corruption Eradication Commission (KPK) was founded in 2003 as a response to widespread corruption in Indonesia. The Corruption Eradication Committee has the authority to carry out investigations, prosecutions and prevent corruption. The KPK has succeeded in arresting and imprisoning many big-time corruptors, including high-ranking state officials. However, in recent years, the KPK has been faced with various challenges. One of the biggest challenges is the revision of the KPK Law (UU) which is considered to weaken the authority of the KPK. Apart from that, the Corruption Eradication Commission was also criticized because it was considered not transparent and accountable. In this article the author tries to look at the juridical review of the issue of eliminating the Corruption Eradication Commission. From the data obtained, it was found that First, the legal basis for disbanding the KPK must be considered carefully, considering the important role of this institution in eradicating corruption in Indonesia. The legal implications of disbanding the KPK are very important for the law enforcement system in Indonesia. This deletion could create gaps in the mechanisms for monitoring and prosecuting corruption cases and reduce public confidence in the Government's commitment to eradicating corruption. Third, the transfer of the rights, obligations and authority of the Corruption Eradication Committee to other legal entities must be carried out according to clear and transparent procedures.
Implementasi Kebijakan Program Keluarga Harapan (PKH) di Desa Yosonegoro Kabupaten Gorontalo Djafar, Nurul Anggraini; Mozin, Sri Yulianty; Ilato, Rosman
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.11226965

Abstract

The Implementation of the Family Hope Program (PKH) Policy in Yosonegoro Village, Gorontalo Regency. Bachelor’s Degree Program in Public Adminisration,, Department of Public Administration, Faculty of Social Sciences, Universitas Negeri Gorontalo. The Prancipal Supervisor is I Dr. H. Rosman Ilato, M.Pd and supervisor II Dr. SriYulianty Mozin, ST, MPA. This research aims to understand how the implementation of the Family Hope Program (PKH) policy is carried out in Yosonegoro Village, Gorontalo Regency, in terms of objectives and targets/standards, resources, characteristics of the implementing organisation, inter-organizational communication, and the attitude of the implementers. This research method uses a descriptive approach with qualitative data analysis. The data collection techniques used are observation, interviews, documentation. Based on the research results in the field, the implementation of the Family Hope Program (PKH) policy in Yosonegoro Village, Gorontalo Regency, has been implemented in accordance with Minister of Social Affairs Regulation No. 1 of 2018 concerning the Family Hope Program (PKH). In detail, the implementation is observed from the aspects of objectives and targets/standards, resources, characteristics of the implementing organisation, inter- organizational communication, and the attitude of the implementers. However, there are still some problems found during the implementation, such as uneven assistance distribution, lack of communication and coordination between policy implementers at the sub-district level, and various issues related to human resources, budget resources, facilities and infrastructure, and the attitude of implementers. To conclude, the implementation of the Family Hope Program (PKH) policy in Yosonegoro Village, Gorontalo Regency, has not been carried out optimally according to the existing regulations. Several aspects still need to be improved and enhanced, including objectives and targets/standards, resources, characteristics of implementing organisation, inter- organizational communication, and the attitude of the implementers.
Tinjauan Yuridis Terhadap Kasus Tindak Pidana Perdagangan Manusia Dalam Lingkup Internasional Azzahra, Nabila Adifia; 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.12549074

Abstract

This research aims to find out how the juridical review in a country regarding criminal cases of human trafficking in the international scope is. This is very important to explain so that anyone knows about the legal regulations for criminal cases of human trafficking and can find out the solutions to resolve this problem. The research method used in this article is a normative legal research method which is library research, namely research on secondary data. Data collection is carried out by studying books, scientific works and works related to these problems, as well as by examining and citing data from various reference books and applicable laws and regulations. This research also uses a library research method, namely a data collection method that uses some or all of the existing data from previous researchers. This research shows that the criminal act of human trafficking is caused by several supporting factors, including: cultural factors, poverty, lack of education, environmental factors, and weak law enforcement. So, human trafficking is a criminal act that is completely contrary to the law of any country and cannot be justified for whatever reason.
Analisis Regulasi Fintech dan Implikasinya Terhadap Operasional Bank Digital Dalam Studi Kasus Indonesia Manggala, Bayu Suryadi; Mahendra, Rayhan Syahbana; Tambunan, Yesaya Geraldo; Nugroho, Andriyanto Adhi
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.11529877

Abstract

The development of financial technology has brought significant changes to the banking industry, especially with the emergence of financial technology (Fintech) and digital banks. This research examines the analysis of fintech regulations and their implications for digital bank operations in Indonesia. It focuses on the goal of identifying the impact of fintech regulations on digital banks as well as the legal challenges digital banks face in maintaining consumer data security. Through a normative juridical approach, this research examines related regulations, such as OJK Regulation No. 13/POJK.02/2018 concerning digital financial innovation and Bank Indonesia Regulation No. 19/12/PBI/2017 concerning the implementation of financial technology. The research results show that fintech regulations influence digital bank operations by creating a legal environment that impacts business models, operational strategies, and digital bank product innovation. Strict regulations, although aimed at increasing consumer confidence and preventing unhealthy financial practices, can limit the innovation and flexibility of digital banks. In addition, digital banks are faced with legal challenges regarding consumer data security, which require compliance with personal data protection regulations. This research provides important insights for regulators, digital banks, and related industry players to understand the complexity of fintech regulations and maintain a balance between technological innovation, data security, and consumer protection in the digital financial industry in Indonesia.
Penerapan Prinsip Una Via sebagai Restorative Justice dalam Kejahatan Pasar Modal oleh Otoritas Jasa Keuangan Ariyanti, Nur Hasanah; Anjani, Citra Delia
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13786168

Abstract

The capital market exerts a significant influence on the state's economy. The practice of capital markets in Indonesia has demonstrated a consistent upward trajectory over recent years, accompanied by a parallel increase in the incidence of capital market crime. Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector introduced a novel principle in the capital market, the una via principle. This principle represents an implementation of restorative justice for addressing capital market crimes. The una via principle empowers the Financial Services Authority (OJK) as an investigator have the authority to determine the appropriate sanctions for alleged capital market crimes, between criminal sanctions or administrative sanctions. In practice, the application of the una via principle lacks clearly defined procedures and parameters, raising concerns that it may not fully achieve the purpose of restorative justice, ensuring the fairest possible outcome for all parties involved. This research employs a normative juridical approach, utilizing descriptive analysis. Additionally, it incorporates qualitative juridical data analysis. Based on the findings, it can be concluded that the implementation of the una via principle as restorative justice still necessitates refinement, particularly in terms of regulation and execution, due to the persistence of certain deficiencies. 
Tipologi Kejahatan Pelaku Begal Kendaraan Bermotor Lutifyani, Mawarda; Aura, Raissa Rahma; Novitrisani, Yulinda; 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.11744046

Abstract

One form of criminal behavior that often occurs today is robbery crime. Robbery problems usually occur at night, taking advantage of the lack of lighting and infrastructure, and the victims are often threatened, injured or killed. This research uses a literature review or literature study method by collecting data in the form of journal articles obtained through websites, especially Google Scholar. From the results of the article search, it was found that the robbers carried out the robbery due to internal and external factors.
Analisis Kriminologi Kasus Pembunuhan Mahasiswa Universitas Indonesia Yang Disebabkan Oleh Pinjaman Online (Studi Kasus Pembunuhan Naufal Zidan) Fadhlullah, Muhammad Azhar Zakiy; Valentara, Aqilla Banyu; Nugroho, Aji Bayu; Friyadhi, Naufal Farros; Rilya, Muhammad Avin Athalla; Yuli, Yuliani
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.12169389

Abstract

The murder case committed by a University of Indonesia student occurred on August 23 2023 and was motivated by the perpetrator getting into online loan debt due to losing playing crypto. Economic factors are one of the many factors that cause someone to commit criminal acts. Online loans have claimed many victims because debt collectors collect them in inhumane ways, causing many online loan victims to become stressed to the point of committing suicide. High interest rates and the sharing of victims' personal data are one of the dangers of online loans. In this day and age, many online loan victims commit crimes up to murder because they don't know what else to do to pay off debts with unreasonable interest rates. Here, it explains that economic factors that are unable to provide certainty for life can result in high crime rates in society. The role of government and law enforcement is needed to be able to provide economic regulations that can improve the welfare of the people and criminalise individuals or groups that cause harm to other people so that the number of crimes decreases and people can live comfortably in their environment.
Penanganan Banjir di Kota Semarang Guna Menjamin Perlindungan dan Pengelolaan Lingkungan Hidup Berdasarkan Teori Walfare State Pinasti, Shabrina Alifah; Ummi, Aulia Yudatining; Azzahro, Afifah Khoirunisa; Kamal, Ubaidillah
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.11203931

Abstract

The current state of global climate change has a significant impact on the environment, such as influencing variations in weather and climate patterns. This very significant climate change can cause natural disasters. For example, changes in rain patterns that increase the intensity of rain cause flooding. Semarang City is one of the big cities in Indonesia that experiences flooding every year. Floods mostly occur in downstream river basins, although flooding can also occur in several upstream river basins. The decreasing quality of the environment means that the survival of humans and other living creatures is in danger. It is very important that all stakeholders are involved in serious and consistent environmental protection and management. Stakeholders or the government are obliged to protect and manage the environment because it is in accordance with the Wellfare State principle, where this principle is the idea that the state is responsible for its citizens, namely by improving the welfare of its people through service, assistance, protection and prevention of social problems. The method used in this research is Normative Juridical. The result of this research is to find out how the Semarang city government handles floods in order to protect the community and manage the environment well.
Peluang Social Commerce Melalui Akuisisi Tokopedia Oleh Tiktok Shop Ditinjau Dari Aspek Legalitas Wulandari, Diah Ayu; Feryan Djie, Bryan Storm; Nugroho, Andriyanto Adhi
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.12522453

Abstract

The existence of an Online Shop/Marketplace is an implementation of the digitalization process in the business sector. This article aims to discover the legality principles related to the acquisition of TikTok Shop and Tokopedia and how Indonesia is prepared to face the era of social commerce. The method used is a literature study that reviews the results of previous research published and supplemented with data from various websites relevant to the topic discussed. The TikTok Shop platform does not yet have clear licensing as an E-Commerce facility in Indonesia. By acquiring Tokopedia, TikTok Shop can operate as an E-Commerce platform. Consumers and business actors must increase their understanding before social commerce can be implemented in Indonesia. It can be concluded that if social commerce such as TikTok Shop is legalized in the future, it is necessary to re-arrange regulations regarding monitoring data use and consumer protection in social commerce so that data used in social media is not misused for buying and selling purposes.

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