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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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Kontroversi Hisab dan Rukyat Dalam Penentuan Kalender Islam di Era Modern Pendekatan Fikih Kontemporer Herman, Muhammad Akbar; Gassing, Qadir; Shuhufi, Muhammad
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.14253182

Abstract

The purpose of this research is to identify the advantages and disadvantages of both Hisab and Rukyat and the concept of a meeting point between Hisab and Rukyat in Indonesia. The results of this study show: 1) The advantage of the Hisab method is its ability to accurately determine the position of the moon without being affected by weather conditions such as clouds or fog. With Hisab, the time of conjunction and the position of the moon above the horizon can be determined. Meanwhile, Rukyat aligns with the teachings in the Qur'an and Hadith, where Prophet Muhammad (peace be upon him) instructed to observe the hilal as a sign of the new month. The disadvantage of the Hisab method is that it relies solely on mathematical calculations without considering whether the hilal is actually visible in the sky, which can be a source of controversy. Rukyat, on the other hand, heavily depends on weather conditions such as fog, rain, and dust, which can hinder the observation of the hilal, reduce its brightness, and obscure its image; 2) Both PBNU and PP Muhammadiyah demonstrate that scientific ijtihad and adaptation to advancements in knowledge are important. Collaboration and dialogue between the two methods, both Hisab and Rukyat, can help reach a better consensus in determining significant times in Islam while still respecting tradition and the principles of Sharia, the presence of the government as a unifying institution in determining the beginning of the Hijri month is crucial to maintaining unity among the Muslim community, implementing the principle of maslahah (public interest), and fostering legal compliance and social order.
Pengaturan Mengenai Kedudukan Wakil Presiden Dalam Tugasnya Membantu Presiden Pramiswari, Brigita Glori Putri; Ruslie, Ahmad Sholikhin
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The position of the Vice President in the Indonesian constitutional system is an important element in the presidential government. Although regulated in the 1945 Constitution, the role and function of the Vice President are often unclear, which can create ambiguity in the implementation of daily tasks. This study aims to analyze the functions and authorities of the Vice President, especially when the President is absent. As part of the executive, the Vice President is not only tasked with accompanying the President, but also has the responsibility in decision-making. However, although it has been regulated in the 1945 Constitution, the role and function of the Vice President are often unclear. So from this study there is one formulation of the problem, namely, what are the functions and authorities carried out by the vice president when the president is absent from carrying out his duties. This study uses a normative research method by seeking materials from various sources such as laws and regulations, books, and journals to examine the legal position of the Vice President and its implications in the implementation of the presidential system. So the results of this study indicate that the Vice President has a role in accompanying the President, coordinating policies between ministries, handling strategic issues, and representing the country in international forums. 
Analisis Pengaruh Kewenangan Penangkapan Tanpa Surat Penahanan Menurut KUHP Ditinjau dari Teori Kewenangan Diskresi Putri, Yuliani Finaly
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.13932394

Abstract

Police forces often use discretion in warrantless arrests, especially when there is deemed to be a direct threat to national security. Purpose of this writing to analyze and provide a comprehensive description of the influence of the discretionary authority of law enforcement officers in making arrests without a warrant and its impact on the rights of suspects. Using normative juridical methods it is used to analyze the applicable legal provisions related to arrest without a warrant of detention, including the use of discretion by law enforcement officers. The importance of arrest warrants in law enforcement asserts that arrest warrants are essential elements that serve to ensure that arrests are made according to legal procedures. Although law enforcement officers have discretionary authority, legal limits such as those provided for in the code of criminal procedure must still be observed to prevent abuse of authority.
Politik Hukum Undang-Undang No 35 Tahun 2009 Tentang Narkotika Dalam Kaitannya Dengan Upaya Rehabilitasi Pecandu Narkotika Yudhistira, Bonar; I, Ismaidar; Sembiring, Tamaulina
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.14556843

Abstract

Abuse narcotics increasingly day increasingly worrying . Abuse Narcotics can cause greater harm to the lives and cultural values of the nation, which will ultimately weaken national resilience. Threat abuse narcotics increasingly become the haunting specter various layer society . For That need step step strategic through formation law narcotics as well as Wrong One effort its regulated prevention in product Indonesian law , namely Invite Law No. 35 of 2009 concerning narcotics is through rehabilitation . Rehabilitation considered need as Wrong One effort recovery addict narcotics from dependence at a time prevention abuse narcotics through approach health
Efek Hukum Perubahan Serta Pembatalan Kontrak; Tinjauan Dari Perspektif Hukum Perikatan Sianturi, Catherine Rosalina; Gustaf Aria, Muhammad; Choirunnisa, Audi Nayla; Nahriva, Agista Zybilla; S, Surahmad
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.14192185

Abstract

Contract amendment and cancellation are crucial issues in the law of ties, especially in the context of maintaining legal certainty and the balance of rights and obligations of the parties involved. This article discusses the legal effects of contract amendment and rescission based on the principles of Indonesian binding law. Based on the Indonesian Civil Code (KUHPer), it examines how modifications to the content of a contract or its unilateral or mutual rescission affect the legal position of the parties. The article also explores the juridical implications of default as a basis for contract cancellation, as well as the role of good faith in contract renegotiation. This research was conducted using a normative approach with a qualitative descriptive analysis method. The results show that contract amendments must be made with the consent of all parties, while rescission can have serious legal consequences, including restitutio in integrum or compensation. This article recommends that contract parties clearly formulate amendment and rescission clauses to avoid future disputes.
Konsekuensi Akibat Perubahan Status Organisasi Papua Merdeka Sebagai Teroris Dalam Hukum Pidana Alfarizky, Hamdallah; Risyanto, Asyraf Putra
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.14241700

Abstract

Many workers in Indonesia experience violations of legal protection of their Based on history, acts of violence carried out by certain groups in Papua have various names. The police call them the Armed Criminal Group (KKB), while the Indonesian National Army (TNI) uses the term Armed Separatist Group (KSB). The Free Papua Organization (OPM) considers this group to be fighters trying to separate themselves from Indonesia. A series of attacks by the KKB/KSB/OPM on security forces in Papua prompted the government to designate these acts of violence as criminal acts of terrorism. This research seeks to examine the feasibility of this status and its consequences. Through normative research methods, it was concluded that designating the OPM/Armed Criminal Group (KKB) as a terrorist group was considered appropriate because the assessment was based on the acts of violence committed, not on the history or initial goals of the formation of the OPM. Determination of this status has an impact in three main aspects: formal legal provisions, material legal provisions, as well as the law enforcement institutions involved, including prevention and treatment patterns. This research uses normative methods with statutory, conceptual and case study approaches. Granting terrorist status This is considered ineffective for resolving the conflict in Papua because it can affect the classification of criminal acts that occur, the legal instruments used, as well as law enforcement methods and the parties involved in handling them.
Pengenalan Proses Gugatan Dalam Hukum Acara Perdata Oktavia, Lia
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This article discusses the lawsuit process in civil procedural law which is an integral part of the justice system in Indonesia. This process includes stages that the plaintiff must go through, starting from filing a lawsuit, providing evidence, to a court decision. Each stage has regular procedures and is regulated by applicable legal provisions, which aim to provide legal protection for individual rights in a civil context. This article also reviews various legal aspects related to filing a lawsuit, the parties involved, and the rights and obligations of each party during the judicial process. With a good understanding of this process, it is hoped that a fair, transparent and efficient judiciary can be created in resolving civil disputes.
Legal Protection for Consumers Using Transportation Services on The River Hardianto, Irwansyah Rizki; Nasution, Krisnadi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This research discusses legal protection for consumers who use river transportation services, which aims to ensure the safety and comfort of users. With a normative juridical approach, this study uses the analysis of laws and regulations and a conceptual approach to evaluate the implementation of laws in the river transportation sector. The results show that despite regulations that protect consumer rights, implementation in the field still faces various challenges. Many business actors do not comply with the Standard Operating Procedures (SOPs) that regulate passenger safety, exacerbated by the weak supervision and socialization from the government. This research recommends increased supervision, more effective socialization, and strict law enforcement to ensure that consumer rights are optimally fulfilled.
Pengaturan Hukum Penyalahgunaan Data Pribadi Penyandang Disabilitas Fisik di Era Digital Suzana, Merillyn Victoria; Michael, Tomy
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.14176415

Abstract

This article examines the legal framework regarding the misuse of personal data of persons with physical disabilities in Indonesia, as well as the state's efforts to provide protection through existing regulations, such as Law No. 27 of 2022 on Personal Data Protection (UU No. 27/2022) and Law No. 8 of 2016 on Persons with Disabilities (UU No. 8/2016). The misuse of personal data can harm persons with disabilities in various ways, such as affecting their access to social assistance, healthcare, and other services guaranteed by law. Additionally, this article highlights the protection of human rights for persons with physical disabilities based on the principle of non-discrimination as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR). Although Law No. 27/2022 has been enacted to provide a legal basis for personal data protection. Through a normative legal approach, this article emphasizes the importance of strengthening legal protection for the personal data of persons with physical disabilities in Indonesia to ensure their rights to privacy and equal access to services provided by the state. Fulfilling the right to personal data protection is part of the effort to create a safe and inclusive environment for persons with physical disabilities in Indonesia.
Penyalahgunaan Teknologi Informasi Sebagai Sebab dari Tindak Kekerasan yang Dilakukan oleh Remaja (Tinjauan kasus pada salah satu narapidana di Lembaga Pemasyarakatan Khusus Anak Kelas 1 Tangerang) H, Herlambang
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.14211688

Abstract

Violence or abuse often occurs either at home or on the streets, this can have detrimental consequences for others because a sense of security is no longer obtained. The rampant violence triggered by brawls by teenagers cannot be separated from the influence of the environment, youth and information technology. Information technology has an influence in changing the order of community life. Brawls in this era still occur a lot involving teenagers, students caused by problems involving groups, such as between motorcycle gangs, between villages and brawls between schools. Brawls involving teenagers are caused by wanting to find their identity, even wanting to be seen as popular from others or their groups. The trigger for violence or brawls is the existence of social media that is not limited, can be accessed by anyone, and even becomes a medium for brainwashing teenagers in the name of solidarity. In this article, the author informs about perpetrators of violence among teenagers who injured their victims with sharp weapons. This was done because of an invitation from the Administrator of social media in the name of solidarity. From the results of the interview, information was obtained that the suspect was charged with Article 90 of the Criminal Code concerning abuse. The sentence imposed on him was a 9-year prison sentence, a verdict of 4 years and 9 months.

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