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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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Tinjuan Yuridis Pemekaran Wilayah Daerah Provinsi Berkaitan Dengan Wacana Pemekaran Provinsi Nusa Tenggara Timur (NTT) Ama, Jefrianus Tamo
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

In principle, the formation of provincial regional expansion, according to the 1945 Constitution of the Unitary State of the Republic of Indonesia in article 18B (1), expressly states that the Unitary State of the Republic of Indonesia consists of provincial districts/cities which have regional autonomy. Therefore, the formation of new provinces is an implementation of the decentralization principle in the 1945 Constitution. Regional expansion is a process of forming new autonomous regions from an existing region. The formation of new regional expansions is based on the principle of decentralization which applies the division of authority to regulate the regional household itself. The discourse on the expansion of East Nusa Tenggara Province is an aspiration from the people, this is just a discourse or issue which was then responded to by several politicians and members of the People's Representative Council of the Republic of Indonesia. Therefore, the expansion of provincial regions is based on Law no. 23 of 2014 concerning regional governments and implementing regulations, Government Regulation of the Republic of Indonesia Number 78 of 2007 concerning Procedures for the Formation, Abolition and Merger of Regions. In this regulation, as the implementer of Law no. 24 of 2014, which includes implementation procedures, mechanisms and procedures for establishing regional areas. In this research, the author uses a normative juridical research approach, and sociological analysis based on existing secondary data, namely from: Books, magazines, journals, newspapers, websites, as a benchmark for this author or authors
Pengaruh Employee Branding terhadap Peran Karyawan dalam Membangun Loyalitas dan Reputasi Perusahaan Setyawan, Arel Saputra; Ambarwati, Mega Dewi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Employee branding is a crucial strategy in modern organizations to strengthen employee loyalty and build the company’s reputation among the public. This study aims to analyze the impact of employee branding on employees' roles in fostering loyalty and enhancing corporate reputation. Using a quantitative approach, data were collected through surveys involving 200 employees from various industries. The findings reveal that employee branding has a positive and significant effect on employee engagement in promoting company values. Furthermore, this strategy also contributes to increased loyalty and a positive corporate image. The study concludes by highlighting the importance of employees' roles as brand ambassadors in fostering stronger relationships between companies and their customers.
Pandemi Covid-19 Sebagai Alasan Force Majeure Dalam Kontrak Bisnis Maliq, Alita Aulia; Thahir, Ali; Faliskha, Aulia Najla; Azhari, Fadli; 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.14189636

Abstract

The Covid-19 pandemic has severely disrupted various business sectors, including the fulfillment of contractual obligations. Many parties to business contracts faced difficulties in meeting their obligations due to restrictions such as lockdowns and movement limitations. In this context, force majeure has been used as a basis to postpone or adjust contractual obligations. This study aims to analyze the use of force majeure during the Covid-19 pandemic as a basis for deferring business contract obligations and to explore dispute resolution mechanisms resulting from breaches of contract. The research method employed is a literature review, collecting and analyzing relevant sources related to force majeure and dispute resolution mechanisms during the pandemic. The findings indicate that force majeure can be applied as a basis for delaying contractual obligations during the pandemic, though its implementation requires thorough analysis based on contract provisions and evidence of the pandemic’s direct impact. Recommended dispute resolution mechanisms are negotiation and mediation, given their flexibility and efficiency. In conclusion, flexibility and efficient dispute resolution are crucial in addressing contractual challenges during the Covid-19 pandemic.
Analisis Tinjauan Yuridis Terhadap Pembobolan Rekening Bank Digital Yang Dilakukan Pegawai Bank (Dalam Perspektif Hukum Perbankan Berdasarkan Studi Kasus Bank Jago 2023) Wicaksana, Dika Hikmah; Ramadhan, Niko Rafael; Ramadhan, Aditya Rizky; Winata, Henry; Ardian, Muhammad Fadhil
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.14220517

Abstract

The case of account hacking by Bank Jago employees reveals major challenges in the digital banking security system. The method used in this study is based on literature review techniques using an empirical legal approach. This study analyzes the case from a legal perspective including Law Number 10 of 1998 concerning Banking, Law Number 27 of 2022 concerning Personal Data Protection, Law on Information and Electronic Transactions (ITE) Number 19 of 2016, and POJK No. 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector. The results of the study were in the form of violations that occurred including abuse of authority, violation of bank confidentiality, and protection of personal data. The study shows the importance of strengthening regulations and internal supervision to prevent similar crimes in the digital banking era.
Perspektif Hukum Adat terhadap Kasus Jarimah Zina Berdasarkan Qanun Jinayat Aceh Pakpahan, Firly Natasha; Andita, Naufalia; Tazkia, Rahma; Syauqi, Za’im Syaban
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.14307286

Abstract

Aceh is a province with special autonomy that implements customary law and Islamic Sharia in societal life, as regulated in “Article 1, Paragraph 2 of Law No. 18 of 2001”. Customary law in Aceh is an integral part of Indonesia's legal system, rooted in the traditions, culture, and Islamic values embraced by the Acehnese people. This law governs various aspects of life, some of which focus on community governance and Islamic criminal law. Within the context of Aceh's special autonomy, customary law is recognized and implemented alongside national law. With the coexistence of dual criminal law systems in Aceh, namely the Qanun Jinayat and the Indonesian Criminal Code (KUHP), it underscores the significant role of Islamic law in addressing criminal acts, including cases of adultery (zina). This article examines the implementation of customary law in Aceh that aligns with Islamic Sharia, the fostering of customary life through the application of Islamic Sharia in traditional life as regulated by Aceh's Qanun, the customary judiciary in Aceh, and the enforcement of sanctions based on the Qanun Jinayat, particularly related to the crime of zina.
Pemblokiran Sertifikat Tanah Sebagai Bentuk Wanprestasi Jual Beli Tanah (Studi Kasus terhadap Putusan Nomor 1530 K/Pdt.G/2003) Syakuran, Khaidar Abdan; Pitaloka, Putri Galuh; Hadi, Rival Mahesa Fauzan; Yuliandra, Stefie; Syakirah, Davina; Andira, Ilham; Rusdiananto, Gavra Fiko; Syaihputra, Brian Maulana Muhammad; Haryadi, Raina Ardelia; Sapitri, Irena; Lagut, Veronica Sekar Wela; Rizkianti, Wardani
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.14448173

Abstract

Buying and selling is a process of exchanging goods or assets based on an agreement, as regulated under Article 1320 of the Indonesian Civil Code (KUHPerdata). However, the implementation of such transactions often faces challenges due to breaches of agreement, leading to disputes, as exemplified in Decision No. 1530 K/Pdt/2003. This article aims to analyze the resolution of land sale and purchase disputes when one party fails to fulfill the agreement and examine the impact of the sale and purchase deed (AJB) as evidence in disputes that result in the blocking of land certificates. The study also seeks to provide insights into the importance of strengthening regulations and dispute resolution mechanisms in land sale and purchase transactions to ensure legal certainty and protect the rights of the parties involved.
Perlindungan Hukum bagi Pemegang Saham: Menggali Hak dan Risiko dalam Perseroan Terbatas Zahra, Humaerotuz; Putri, Ambar Krisna; Tambunan, Henri Marusaha
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.14068902

Abstract

This article discusses a legal entity in the business world known as a limited liability company (PT), focusing on the rights and obligations of shareholders, the Board of Directors, and the Board of Commissioners within the context of limited liability as regulated by Law Number 40 of 2007 on Limited Liability Companies (UUPT). As a legal entity, PT has distinct characteristics, including a clear separation between the assets of the company and the personal assets of its management and shareholders. Shares in a PT function as proof of capital ownership, granting economic and proprietary rights to shareholders without directly imposing personal responsibility for the company's obligations. There is a division between majority and minority shareholders, which influences decision-making in the General Meeting of Shareholders (RUPS), the highest governing body in a PT. This article also outlines legal protections for shareholders as well as various legal risks they may face. The research method used is a qualitative approach involving literature analysis and legal review to understand the challenges and legal solutions in the PT sector.
Perlindungan Hukum Terhadap Korban Cyber Crime di Indonesia dalam Aliran Hukum Pada Kasus Pencurian Data Pribadi Idriansyah, Alfi Salsabilah; Afifah, Nur
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.14209512

Abstract

With the rapid development of information and communication technology, various types of cybercrime, especially personal data theft, are becoming more possible. In today's digital era, legal protection for victims of personal data theft is an important issue. This article examines the legal protection provided to victims of personal data theft on the internet from the perspective of Indonesian law. This study uses qualitative methodology and literature study. The study shows that Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and Regulation of the Minister of Communication and Informatics Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems are the main laws in Indonesia that regulate personal data protection. Victims have rights protected by this legal protection, such as the right to be notified in the event of a data leak, the right to compensation, and other rights. However, these regulations still need to be improved to accommodate rapid technological developments and provide legal certainty for all parties.
Pengenaan Pajak Bumi dan Bangunan Bagi Pemukiman Terapung di Atas Perairan Indonesia Hermawan, Rio; 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.14286768

Abstract

Houses as a means of survival and a place for the development of community life in water areas, so houses are very needed by people who live in water areas, so that people in that area build floating houses on the water. This research aims to analyse the regulations related to the existence of floating houses that are not covered in the Law of the Republic of Indonesia Number 28 of 2009 concerning Local Taxes and Regional Retribution. Therefore, what is meant is professional building materials that are installed in full or are in the process of being installed on land, in water, and in the sea. Based on this definition, large houses and their structures that are still submerged in water are included in the category of Taxable Goods according to Law No. 28/2009 concerning Regional Taxes and Regional Retribution. The selection of this type of study is based on the lack of clarity of land tax regulations and floating settlement buildings above Indonesian waters, because the existence of floating houses is on the water and in the sea. This research uses normative research methods through the UU approach contained in related laws and regulations along with existing norms and developing in society. The existence of floating houses in Indonesia has existed since the Dutch colonial era. Floating houses are spread in several provinces in Indonesia, such as Sulawesi, Kalimantan, and Palembang. This floating house stands with a construction system planted on water controlled by the state.
Perlindungan Hukum Terhadap Anak Korban Incest oleh Ayah Kandungnya Perspektif Viktimologi Ramalia, Yesa Titan; Wahidah, Aisyah Putri
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.14058605

Abstract

One form of crime that currently threatens children is sexual violence and even rape. However, what happens if the protection that parents should provide to their children in terms of preventing the crime of rape is not provided and instead the parents are the perpetrators of the crime of rape against their own children. The aim of this research is to find out how the regulations provide for the legal protection of children victims of incest rape in Indonesia and to find out what the obstacles are in enforcing legal protection for children victims of biological father incest from a victimological perspective. The research method used with a normative juridical approach is based on the study of (solving existing problems) in positive law. The aspects studied and studied in this research relate to legal protection for child victims of incest and knowing how this problem is studied based on the Viktiomolgi perspective. The conclusions of this research are 1) Legal protection for child victims of incest crimes is carried out by rehabilitating and restoring victims physically, psychologically and socially as well as punishing perpetrators of incest crimes to provide a sense of security to victims 2) obstacles to efforts to enforce legal protection are present from positive law that regulates incest, then from law enforcement officials, as well as from the public who tend to be uncooperative and cover up acts of incest.

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