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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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Pengaturan Hukum Terhadap Penggeseran Hari Libur dan Implikasinya Terhadap Upah Lembur Tenaga Kerja di Indonesia Yuli, Yuliana; Devi, Murtanti Fajarrani; Restia, Salsabila; Anindya, Salma Elsa; Asmara, Daffi Allegra; Azzahra, Dinda; Harsanti, Khairunnisa Putri
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.11396295

Abstract

The shifting of holidays has become an important issue in labor regulation in Indonesia. This policy is often carried out to increase productivity or to comply with government policies. However, shifting holidays can impact overtime wages for workers. This journal aims to analyze the legal regulations regarding holiday shifts and their implications for overtime wages in Indonesia. The research method used is normative analysis of regulations related to labor and overtime wages. The results show that the legal regulations regarding holiday shifts in Indonesia are mainly regulated in Law Number 13 of 2003 concerning Manpower. However, the implementation of these regulations has not fully accommodated the interests of workers, especially regarding overtime wages. This is due to inaccuracies in the definition and provisions related to overtime wages in the applicable law. The implications of holiday shifts on overtime wages for workers in Indonesia can be felt in various aspects, such as a reduction in overtime wages or ambiguity in calculating overtime wages due to holiday shifts. Therefore, improvements in legal regulations are needed to provide better protection for workers regarding overtime wages
Keterlibatan Organisasi Kriminal Transnasional Dalam Jaringan Perdagangan Manusia Ilmih, Andi Aina; Arabel, Yunita Sekar Ety
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.12730445

Abstract

Human trafficking involving transnational criminal organizations is a serious problem that requires global attention. This research investigates the modus operandi, strategies, and impact of transnational criminal organizations' involvement in human trafficking, as well as the effectiveness of law enforcement and victim protection efforts. Research methods use qualitative and quantitative approaches, including case studies, interviews, document analysis, and surveys. The results highlight the complexity of this phenomenon, the importance of cross-national cooperation, and the detrimental impact on victims. In conclusion, joint efforts from governments, law enforcement agencies, NGOs and civil society are needed to overcome these challenges. Solidarity between nations is key in fighting transnational criminal organizations, underscoring the need for a collective response to protect human rights and ensure global peace.
Tinjauan Yuridis Peyelenggaraan Pemerintahan Daerah Provinsi Yang Bersih Korupsi, Kolusi, dan Nepotisme Menuju Good Governance Ama, Jefrianus Tamo; Kadir, Syukron Abdul
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.11638036

Abstract

The central government and provincial regional governments have close relations. There are at least four factors in the relationship between the Central Government and regional governments that determine the relationship between the Central Government and Regional Governments, including: Authority relationships, financial relationships, supervisory relationships, and relationships arising from the structure of regional government organizations. The position of the Regional People's Representative Council (DPRD) before the enactment of Law no. 32 of 2004 concerning Regional Government has differences. The position of the Regional People's Representative Council (DPRD) in Law no. 22 of 1999 concerning Regional Government, the difference is: In Law no. 32 of 2004, the position of the DPRD is as a Regional People's Representative Institution and has the role of organizing element of regional government (Article 40). Meanwhile, in Law no. 22 of 1999, the position of the Regional People's Representative Council is as a Regional Representative institution which is representative of democracy based on Pancasila and as a regional legislative body which has an equal position and is a partner of the Regional Government (article 16). Good governance is something that is very crucial for the government to pay attention to in carrying out and carrying out its role in accordance with its functions and duties so that it complies with legal provisions.
Situs Judi Online Ilegal: Mengurai Implikasi Hukum dan Upaya Penegakan Insani, Gema Mutiara; Farbadi, Mayla Putri; Azalia, Zatira Rahma; Nugroho, Andriyanto Adhi
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.11846379

Abstract

Online gambling has become a growing phenomenon in Indonesia along with advances in information and communication technology. Even though gambling is generally prohibited in Indonesia, online gambling activities can still be accessed by the public through gambling sites from abroad. This journal outlines the legal implications of online gambling in Indonesia as well as law enforcement efforts that have been and will be carried out by the government to overcome this problem. Parties involved in online gambling, both organizers and players, may be subject to criminal sanctions in accordance with applicable regulations. Apart from that, online gambling is also related to issues of money laundering and consumer protection. The government has taken steps such as blocking online gambling sites, international cooperation, increasing public awareness, and law enforcement to overcome the rise of online gambling.
Kedudukan Alat Bukti Elektronik Dalam Pembuktian Tindak Pidana Ilham, Ade Ihwana; Shuhufi, Muhammad; Amin, Abd. Rauf Muhammad
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.12301170

Abstract

This research aims to determine and analyze the status of electronic evidence, especially in criminal acts. This journal writing method uses a normative legal method using a statutory approach and a conceptual approach. The results of the study show that the position of electronic evidence is an expansion of documentary evidence and instructions based on 184 of the Criminal Procedure Code. Even though the Criminal Procedure Code does not regulate the lex generalis, for the sake of creating substantial truth, electronic evidence guidance tools can be used as valid evidence in criminal trials. In criminal procedural law there is no hierarchy of evidence. However, in its development, electronic evidence must be considered in making clear a criminal case.
Analisis Kekerasan Seksual di Lingkungan Kampus Menurut Perspektif Hukum dan Masyarakat Manurung, Citra Bintang Maranatha; Ghufriani, Deliana Rinasari; Winata, Henry; Aulia, Meidina; Akbar, Muhamad Aria Torik; Sihombing, Oremia Exilla Rafelina; Pinasti, Putri; Aini, Qurrotul; Tetrya, Selvi; 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.11350896

Abstract

Sexual violence on campus is a serious concern in society, with cases occurring that not only affect victims physically, but also psychologically. This research aims to understand the causes of sexual violence in the campus environment and the preventive measures taken by the campus. The research method used is library research. The causes of sexual violence on campus include an imbalance of power between the perpetrator and the victim, abuse of power by lecturers or campus officials, certain promises or lures given by the perpetrator to the victim, and a gender perspective that positions women always under men. Prevention of sexual violence on campus requires effective strategies, such as the establishment of a task force for the prevention and handling of sexual violence on campus and cooperation with external institutions or organizations that have expertise in handling cases of sexual violence. Periodic evaluation of prevention policies and programs is also important to ensure their effectiveness. Prevention of sexual violence on campus requires a joint effort from all relevant parties to create a safe and supportive campus environment for all its members
Analisis Dinamika Masyarakat Dalam Berdemokrasi di Era Pra- Reformasi dan Pasca-Reformasi Dalam Pemilihan Umum Zahratu, Nazwa Salsabila; C, Chatrine; Fiandie, Ursula Jacqueline; 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.12600937

Abstract

In 1945, Indonesia proclaimed its independence from colonial rule. In the following decades the Indonesian nation has experienced significant changes, especially in the government system. This article discusses the analysis of elections in Indonesia, which are influenced by the development of a democratic government system. The method used is normative juridical, where legal research is carried out by examining library materials or secondary data. This research uses a literature study as a data collection method. The research concludes that the implementation of a democratic system cannot be separated from the implementation of constitutional democracy. Democracy is chosen over other systems because it is considered the best. Making people aware of their rights and obligations, and democracy must be fully carried out by "Policy Makers" as the power to regulate and/or run the government in accordance with the law.
Perlindungan Hak Cipta Terhadap Pencipta Lagu yang Diunggah Ulang Melalui Aplikasi Tiktok Az Zahra, Shabrina Najla; Fauziyyah, Laila
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.11576084

Abstract

Song duplication by TikTok users on social media TikTok often occurs without their knowledge and may be illegal. This article looks at the legal disputes that occur between TikTok users and the owners of the copyrights of music that are posted and shared on the social media platform. A normative legal method based on relevant laws is used in this research. The findings of the study demonstrate that the music included on TikTok are legally protected by copyright, in compliance with Law Number 28 of 2014 respecting Copyright, meaning that infringers may face penalties in line with relevant laws. In order to react to copyright violations in its application, TikTok has also worked with music owners via licensing arrangements, wherein content consumers serve as third parties and use the licensing agreement. Therefore, in order to prevent legal infractions that might endanger copyright holders, TikTok users are urged to comprehend and respect copyright more.
Peranan Hukum Dalam Mencapai Keadilan dan Kesejahteraan Terhadap Kehidupan Masyarakat Nirwana, Rena Putri; 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 | DOI: 10.5281/zenodo.12189122

Abstract

In its role as public administrator, the state upholds the ideals of progress, aspiration, and responsiveness to community needs through the enactment of progressive legislation. The state was established with the purpose of achieving community welfare. Law enforcement officers, particularly judges, stress eternal justice alongside legal clarity (rechtsvaardigheit) while resolving conflicts. It is critical to show that the law and its enforcers, particularly judges, have the moral fortitude to prove that the legislation is necessary to achieve societal good. The goal of this research is to understand what justice means in Indonesian law and to outline the legal framework that would allow Indonesia to build a legal system that is perfect and achieves the concept of a welfare state. Normative legal study often makes use of descriptive analysis as a research method. information derived from secondary sources, as well as primary, secondary, and tertiary legal documents.
Analisis Dampak Lingkungan Wilayah Pesisir Akibat Tumpahan Oil Spill di Karawang Annisa, Nur Afif; Vionica, Putri; 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.11261952

Abstract

Oil spills in the sea have a very bad impact on marine ecosystems. The oil contains dangerous chemicals that can harm marine life. Fish and other marine life absorb these toxic chemicals, which can cause their death and population decline. In addition, oil spills irritate the eyes, skin and respiratory tract and can be fatal. The approach method used is a legal research method that focuses on normative analysis of the law. Naturally, this pollution has an impact on the environment, public health and the economy around Karawang Waters. People are experiencing shortness of breath and headaches due to the smell of the oil spill. The actions carried out by Pertamina are considered a very serious environmental crime. This is because the company encourages fishermen to go straight into the water to handle waste, without involving appropriate professionals, and without providing outreach.

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