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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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Esensi Komitmen Terhadap Nilai-Nilai Kebangsaan Aulia, Novira; Albina, Meyniar
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14643504

Abstract

This study aims to examine the essence of commitment to national values in order to strengthen national identity and unity amidst the challenges of globalization and cultural diversity. National values, such as love of the homeland, unity, justice, and mutual cooperation, are important foundations in building a strong and competitive nation. Using a qualitative approach, this study explores how commitment to national values can be instilled through education, policies, and daily life practices. The results of the study indicate that strengthening national values requires collaboration between families, schools, communities, and the government. Instilling these values is not only able to face the threat of disintegration, but also forms a generation with character.
Analisis Tanggung Jawab Bank Terhadap Kebocoran Data Nasabah: Ditinjau Dalam Perspektif Hukum Perbankan Wildan, Muhammad; Ramadhan, Daud Renata Candra; Wijayanti, Zulfa Rena
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.14201758

Abstract

Data breaches involving bank customers are a critical issue in modern banking, with significant impacts on both customers and the reputation of banks. This study analyzes the legal responsibilities of banks regarding data breaches in Indonesia, focusing on applicable regulations, such as Law No. 10 of 1998 on Banking and Law No. 27 of 2022 on Personal Data Protection (PDP Law). The research employs a normative juridical method to examine banks' obligations to maintain the confidentiality and security of customer data. The findings indicate that banks have a legal duty to protect customer data, including ensuring security systems capable of addressing threats like cyberattacks. Banks found negligent in fulfilling these duties may face administrative sanctions, criminal penalties, or damages. The study also identifies challenges in regulatory implementation, such as non-compliance by banks, weak oversight, and low awareness of data protection in the banking sector.
Tinjauan Yuridis Atas Keadilan Dalam Pemberian Upah Bagi Peserta Magang Berdasarkan Peraturan-Peraturan Ketenagakerjaan di Indonesia Safitri, Adhesya Hani; Putri, Ambar Krisna; Rahmadani, Ardita Esti; Lestari, Dhea Indah; Larisa, Dita Mala Racel; Zahra, Humaerotuz; Halizhah, Nur; Putri, Ramona
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.14264007

Abstract

In this research, there is a formulation of the problem, which includes what are the rights and obligations of apprentices related to wages in accordance with applicable labour regulations, procedures for implementing labour regulations in ensuring fair wages for apprentices in Indonesia, and the impact of the practice of unpaid internships on legal protection and post-apprentice welfare in Indonesia. This study aims to be able to identify and analyse the rights and obligations of apprentices related to wages in accordance with applicable labour regulations, evaluate the implementation of labour regulations in ensuring fair wages for apprentices in Indonesia, and examine the impact of the practice of unpaid apprenticeship on the legal protection and welfare of apprentices in Indonesia. Normative juridical research is implemented to analyse and evaluate unpaid internship agreements and related legal aspects of legal protection for interns, besides that the approach used can be used to analyse internship agreements on existing legal rules in certain jurisdictions. In the analysis of this apprenticeship agreement, it is known that there are discrepancies when fulfilling facilities in the health of apprentices, providing pocket money, setting appropriate work time limits and appropriate job descriptions for apprentices. The legal protection is also still not in accordance with what has been in the internship agreement.
Urgensi Pengaturan dan Perlindungan Hukum Bagi Pekerja Rumah Tangga di Indonesia Anugrah, Cahyo Putra Fatkhuriza; Ruslie, Ahmad Sholikhin
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Domestic Workers (PRT) in Indonesia have a major contribution in supporting the sustainability of the economy and social life of the community. However, their existence is often ignored in legal regulations that should provide proper protection and recognition. The absence of specific laws governing the rights and obligations of domestic workers creates significant legal loopholes, so that many domestic workers face the risk of exploitation, discrimination, and even violence. This study aims to examine the urgency of legal regulations for domestic workers, with a focus on analyzing the weaknesses of current regulations and recommendations for the formation of more inclusive and fair policies. So that in this study there is a formulation of problem one, namely How is the legal regulation on Domestic Workers, and the formulation of problem two How is the legal protection for Domestic Workers. So to what extent are existing legal regulations able to protect domestic workers and what steps need to be taken to improve this protection. This study uses a normative legal method, with a legislative and conceptual approach. The data used includes primary legal materials, such as applicable laws, and secondary legal materials in the form of related literature, which are analyzed qualitatively to gain an in-depth understanding. The results of the study show that legal protection for domestic workers is very minimal. Domestic workers are not recognized as formal workers, so they do not receive basic rights such as minimum wages, decent working hours, and access to social security. 
Perspektif Hukum Lingkungan dalam Perlindungan Biodiversitas di Taman Nasional Gunung Ciremai Damayanti, Ita; I, Ikomatussuniah
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.13998530

Abstract

Mount Ciremai National Park (TNGC) is an important conservation area that is home to a variety of endemic flora and fauna. This study examines the effectiveness of environmental law implementation in protecting biodiversity in TNGC and identifies obstacles in law enforcement. Using normative legal methods with a legislative and conceptual approach, this study analyzes the implementation of Law Number 5 of 1990 and Law Number 32 of 2009 in the context of TNGC protection. The results of the study indicate that despite a strong legal framework, biodiversity protection in TNGC still faces serious challenges. Around 42.54% of the total area has been degraded, indicating the complete ineffectiveness of existing regulations. The main obstacles include minimal human resources, low public awareness and participation, lack of infrastructure, conflicts of interest between the government and local communities, and complicated bureaucracy. This study concludes that an approach involving various stakeholders is needed to improve the effectiveness of biodiversity protection in TNGC. Recommendations include increasing the capacity of law enforcement, public education, improving infrastructure, conflict resolution, and bureaucratic reform. The implementation of this strategy is expected to strengthen conservation efforts and ensure the sustainability of the TNGC ecosystem for future generations.
Hak Masyarakat Adat Zalsabillah, Annisa; Dahlan, Darnia; Anugrah, Abdi; Taqyuddin, Andi
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.14564245

Abstract

Constitutional recognition and protection of indigenous peoples remains recognized after the 1945 Constitution was amended, where this is regulated in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution. Although there is constitutional recognition and protection of indigenous peoples, there are still two main problems that have not been resolved. First, the recognition of indigenous peoples is enforced with certain conditions, namely as long as the indigenous peoples still exist, develop in accordance with the progress of the times, and in accordance with the principles of the Unitary State of the Republic of Indonesia (NKRI). These conditions come from provisions in lower laws, and in practice often become obstacles in providing recognition and protection of the rights of indigenous peoples. The phrase "as long as they are still alive and in accordance with the development of society and the principles of NKRI" often causes the recognition of indigenous peoples to be trapped in debates about the indicators that must be met. In fact, several existing laws and regulations do not provide uniform indicators to interpret these constitutional conditions. Second, in the constitution, there are two terms introduced, namely Customary Law Community Unity (Article 18B paragraph 2) and Traditional Community (Article 28I paragraph 3). There is no further explanation regarding the differences between the two terms. Law No. 6 of 2014 concerning Villages tries to translate Article 18B paragraph (2) by introducing the term "customary village" as the equivalent of Customary Law Community Unity. However, the implementation of this law still causes problems, especially related to the recognition of the social unit of the customary community, where the term "customary community" cannot be fully accommodated in the concept of "customary village" introduced by the Village Law.
Efisiensi Penggunaan Quick Response Code Indonesia Standard (QRIS) Dalam Mendukung Penjualan di Era Digital Simanjuntak, Berliana; Putri, Aura Permata; Syahidah, Aisyah Wafa
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.14192809

Abstract

This research aims to determine and analyze the efficiency of using the Quick Response Code Indonesia Standard (QRIS) by banks in supporting sales in the digital era. This research also analyzes the impact of QRIS on bank operational efficiency, including the principle of confidentiality in QRIS transactions. QRIS, as a national standard for digital payments, has been widely implemented by various financial institutions to facilitate fast and safe non-cash transactions. The data used includes QRIS transaction statistics in 2024, which shows significant growth in the number of users and merchants. The research results show that using QRIS not only speeds up the payment process but also increases customer satisfaction and customer loyalty. Thus, QRIS plays an important role in driving bank sales growth amidst the ever-growing digital transformation.
Urgensi Transparansi Suku Bunga Pada Layanan Pinjam Meminjam Uang Berbasis Teknologi Informasi Ramadhani, Romy Rizqulah; Lyanthi, Merline Eva
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The urgency of interest rate transparency in information technology-based lending services is crucial to protect the legal rights of borrowers. Based on POJK 10/05/2022, transparency is an obligation for fintech organizers, but many parties do not comply with the standards set by AFPI. As a result, borrowers are vulnerable to interest rate abuse. Insufficiently strict regulations and weak supervision and enforcement of sanctions from OJK create legal loopholes that can be exploited by fintech organizers. This study emphasizes the importance of OJK's role in strengthening policies and supervision, as well as enforcing sanctions to ensure compliance with the principle of transparency. This is expected to create a fairer financial services ecosystem, protect consumers, and support sustainable digital economic growth in Indonesia.
Proses Penegakan Disiplin dan Penyelesaian Sengketa di Lingkungan Militer (Tindak Disiplin dalam Kegiatan Militer) N, Naomi; Pasha, Anindya; Ismail, Umar Jafar; Haura, Tsaniyah Aqila; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

According to Law Number 34 of 2004, Indonesia's defense sector is responsible for safeguarding the country's sovereignty, territorial integrity, safety, and dignity. The Indonesian military, known as Tentara Nasional Indonesia (TNI), performs this job. Military disciplinary actions are used in the military environment, however they can lead to conflicts if they do not correspond with established military values. This research, titled "The Application of Disciplinary Actions in the Military Environment" (Study of Decision Number: 78-K/PM.III-19/AD/III/2020), investigates the enforcement of law against TNI personnel implicated in situations of abuse by superiors against subordinates, for instance the Hendra case. The purpose of the research is to understand the application of disciplinary actions in military law, the process of dispute resolution, and the enforcement of discipline in the military environment, as well as the considerations of military judges in making their decisions
Konsep Kewajiban Dalam Hukum Perikatan: Teori dan Penerapannya Dalam Hukum Kontrak Stevani, Frisca Adelia; Silalahi, Riovaldi Paruntungan; Pridehan, Syahla; Maharani, Velissa; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This research aims to examine the concept of obligation in the law of engagement as regulated in the Civil Code (KUHPerdata) and how the basic theories of obligation are applied in the practice of contract law in Indonesia. This research uses a normative legal method with a statutory and doctrinal approach, as well as analyzing court decisions related to bonds and contracts. Obligations in contract law include various types, namely primary obligations, additional obligations, conditional obligations, alternative obligations, and undivided obligations. In addition, this research also explores the forms of default that commonly occur in binding relationships, such as inability to fulfill obligations, delays, or violations of the substance of the contract, as well as default resolution mechanisms applied in the practice of contract law in Indonesia. The focus of this research is to provide an integrated analysis of how theories of liability can be implemented effectively and fairly in the context of civil law. The results of the research are expected to provide a comprehensive guide for academics, legal practitioners, and the general public to understand the application of liability theories in engagement and default resolution in Indonesia.

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