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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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Yayasan Sebagai Entitas Hukum Dalam Konteks Perdagangan Yayasan Aksi Cepat Tanggap dan Dampaknya Terhadap Mitra Bisnis di Indonesia Stevani, Frisca Adelia; Silalahi, Riovaldi Paruntungan; Sembiring, Nirindah Daniella; Tarina, Dwi Desi Yayi
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

Abstract

Foundation is a legal entity recognized in the Indonesian legal system, with the main purpose of conducting activities in the social, humanitarian and religious fields. Although foundations are not profit-oriented entities, laws and regulations provide opportunities for foundations to own and run businesses, provided that all profits are used to achieve the foundation's objectives. However, problems arise when foundations abuse their position and status, such as what happened to the Aksi Cepat Tanggap (ACT) Foundation, which stumbled upon a scandal of misuse of public funds. This case had a significant impact on the business ecosystem in Indonesia, especially business partners affiliated with the foundation. This article aims to examine the role of foundations in the context of commercial law in Indonesia, particularly by highlighting the legal aspects governing foundations as non-profit entities engaged in commercial activities. The case study of ACT Foundation is used to analyze the impact of the scandal on its business partners, including aspects of trust, reputation, as well as corporate social responsibility (CSR). In addition, this article also discusses the importance of implementing good foundation governance, such as transparency and accountability, in collaborating with the business sector. With a multidisciplinary approach that includes legal, economic, and management perspectives, this article provides a comprehensive overview of how a foundation can affect its business partners when governance violations occur, as well as the legal implications in the context of trade in Indonesia. 
Kepailitan Terhadap Perseroan Perorangan Curniawaty, Tety; Ichsan, Rully Ardika
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.14181850

Abstract

This research aims to analyze the legal implications of bankruptcy on individual companies (perseroan perorangan) within Indonesia's legal system. Introduced through Law Number 11 of 2020 on Job Creation, individual companies offer micro and small business actors the convenience of forming a legal entity with limited liability. However, the bankruptcy mechanisms for individual companies pose several issues, including the legal protection of creditors and the enforcement of the principle of separating personal and corporate assets. This study employs a normative juridical method with a statutory and conceptual approach.The research findings indicate that although individual companies hold the status of a legal entity, the implementation of creditor protection often faces challenges due to a lack of asset transparency and verification. Furthermore, there is a potential misuse of this legal entity type to evade financial responsibilities. The study also examines whether there are differences in bankruptcy regulations between individual companies and limited liability companies, which are governed by Law Number 40 of 2007 on Limited Liability Companies. It concludes that while individual companies provide advantages in ease of establishment, more detailed regulations on bankruptcy are essential to ensure legal certainty for stakeholders.
Analisis Yuridis Penggunaan Sertifikat Tanah Milik Orang Lain Sebagai Jaminan Utang Piutang Saragih, Gracia Charlita; Tarina, Dwi Desi Yayi
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.14213697

Abstract

The use of land certificates owned by other people as collateral in debt transactions is a common practice in society, but it raises various legal issues. This study aims to analyze the legal validity, legal implications, and legal protection for the parties involved, especially land certificate owners who are not debtors. This study was conducted with a normative approach that refers to the provisions of the Civil Code, the Basic Agrarian Law, and other related regulations. The results of the analysis show that the use of land certificates owned by other people can be considered valid if it is based on a clear written agreement and explicit consent from the certificate owner. However, these practices are at risk of causing disputes if the agreement does not meet the requirements for a valid agreement in civil law or there is misuse of collateral by the debtor. In addition, legal protection for land certificate owners who are not directly involved in the transaction is still less than optimal, so it is necessary to strengthen regulations and administrative procedures to ensure legal certainty. This study recommends the need for stricter regulations regarding the use of land certificates as collateral, including the obligation to record agreements at the land office and an effective legal protection mechanism for land owners. Thus, it is hoped that this practice can be carried out safely and in accordance with applicable legal principles.
Sengketa Pemilihan Kepala Desa Antar Waktu Balangka: Abdul Jihar Lawan Panitia Pemilihan Annurillah, Riksya; Purba, Eugenia Priscilla; Kayla, Syafa Ananda; Rahman, Naziva Azzahra
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.14294244

Abstract

This research focuses on analyzing the case of Abdul Jihar, a candidate for village head in Labangka District, Sumbawa Regency, East Nusa Tenggara, who was suspected of violating the rules in the Village Head Election. One of the irregularities that occurred was the absence of an election committee and supervisory committee. The aim of this research is to understand the political process and the importance of legal compliance in that context. The results of this study highlight the urgency of community contributions in understanding this issue, including the challenges that exist in village head elections. 
Analisis Yuridis Perlindungan Nasabah Bank Dalam Tindak Pidana Pencurian Data Melalui UU ITE dan UU Perbankan Abdullah, Nayla Putri; Yadila, Natasya; Amelia, Sabina Putri; Widiastiwi, Alisha Reva; Camilla, Garneta Rizka
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.14382558

Abstract

This study discusses the issue of personal data protection in the Indonesian banking sector, which is becoming increasingly important as digital technology advances and cybercrime threats increase. The study was conducted using a normative legal analysis method, which includes a review of literature, regulations, and policies, such as the ITE Law and the Banking Law. The results of the study indicate that, although there are regulations, such as the ITE Law, the Banking Law, and POJK, their implementation is considered ineffective. One of the relevant regulations is Article 26 paragraph (1) of the ITE Law, which stipulates that the use of personal data in electronic media must obtain the consent of the data owner, and violations of this provision can result in civil lawsuits. In addition, banks are required to maintain the confidentiality of customer information in accordance with adequate security standards, as stipulated in Article 47 paragraph (2) of Law No. 10 of 1998 concerning Banking. This regulation is equipped with strict sanctions in the form of fines of up to IDR 1 billion or imprisonment of up to 8 years for perpetrators of violations. The main problems include the low level of compliance of financial institutions with security standards, the lack of digital literacy of the community, and technical challenges in supervision and law enforcement. 
Peran Teknologi Finansial FinTech dalam Mengubah Layanan Perbankan Tradisional Putri, Devindya Citra Prameisti; Lutfianti, Alya
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.14067398

Abstract

Advances in financial technology (FinTech) have had a significant impact on traditional banking services. FinTech offers faster, easier and more efficient financial solutions through innovations such as digital payments, peer-to-peer (P2P) lending and automated investment management, expanding access to financial services. In addition, FinTech contributes to financial inclusion by reaching communities that have not been served by conventional banks. However, banking is faced with challenges in terms of regulation, data security and competition. This research explores the impact of FinTech on the banking sector and the challenges that arise in the era of digitalization.
Kepastian Hukum Jaminan Fidusia atas Cryptocurrency Sebagai Aset Digital Tidak Berwujud dalam Perjanjian Kredit di Indonesia Putri, Lisa Angelie; Tarina, Dwi Desi Yayi
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.14208715

Abstract

The development of information technology and digitalization has encouraged the emergence of cryptocurrency as a digital asset that attracts attention throughout the world, including in Indonesia. However, legal regulations related to cryptocurrency, especially in the context of fiduciary guarantees, are still very minimal. This study aims to explore the legal certainty of fiduciary guarantees for cryptocurrency as intangible digital assets in credit agreements in Indonesia. The research method used is normative juridical, which focuses on the analysis of existing laws and regulations, legal documents, and related literature. The results of the study show that if cryptocurrency is used as collateral for debt, ownership of the cryptocurrency will be transferred to the institution that handles the guarantee. The authorities will issue a document showing who the owner is. A fiduciary institution is the right choice to handle this, because the nature of the crypto object is recorded in the document, not in physical form. However, due to the high fluctuation in cryptocurrency prices, collateral institutions tend to be reluctant to accept crypto as collateral. As a result, creditors or institutions receiving collateral are reluctant to take risks related to fluctuations in the value of crypto. Cryptocurrency users are at risk of capital losses, such as buying at a price higher than the selling price, or losing other assets if there is an error in purchasing crypto.
Peraturan Perundang-Undangan di Indonesia Terkait Perlindungan Konsumen Terhadap Iklan Produk Rokok Ismail, Abil Fida; Nugroho, Widhi Cahyo
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.14281766

Abstract

One of the reasons for the high prevalence of child smoking is the massive advertising of cigarette products circulating in various media, whether in print, broadcast, information technology, and/or outdoors, providing exposure to children who see it. Legal protection for child smokers as consumers in order to reduce the prevalence of child smokers has been regulated in regulations containing control over advertisements for cigarette products, however research results state that children can still access cigarette advertisements spread on social media, especially electronic cigarette advertisements. There is not a single business actor who does not advertise their products, whether the products are made from herbal ingredients, synthetic ingredients, or even dangerous ingredients. Advertising itself can be done in various ways, and one method that is currently very popular with business people is by advertising their products through television and social media. Cigarette advertising itself has been deemed to have committed several violations of business ethics. This research aims to determine the views of Indonesian laws and regulations regarding cigarette advertising and regarding efforts to protect consumers regarding advertising of cigarette products in an effort to reduce the prevalence of child smoking and whether or not there are violations of business ethics that occur when cigarette advertisements are shown on television. The research results show two types of business ethics violations, namely those that occur when cigarette advertisements are broadcast; The two types of violations are moral violations and empathy violations. Moral Violations occur because of the ineffectiveness of restrictions on advertising cigarettes that have been set by the government.
Akibat Hukum Terhadap Orang Tua yang Tidak Menjalankan Putusan Hak Asuh Anak Berdasarkan Hukum Perdata di Indonesia Syailendra P, Moody Rizqy; Madelin, Nethania Aurelia; Nathania, Cheryl; Maulika, Grizca Ratu
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.14051688

Abstract

Marriage in Indonesia, regulated by Undang - Undang Number 1 of 1974, aims to create a happy family; however, divorce often triggers custody disputes. This research analyzes the implementation of sanctions for parents who do not comply with child custody decisions within the context of civil law, as well as the obstacles faced in its execution. The methods used include normative and qualitative approaches, with data sources from legislation and case studies. Real cases, such as disputes between Tsania Marwa and Atalarik Syah, as well as Ahmad Dhani and Maia Estianty, highlight non-compliance with legal decisions. Obstacles such as weak law enforcement, economic factors, and social norms contribute to this issue. Ongoing conflicts between parents further worsen the situation. Therefore, reform in law enforcement and increased social awareness regarding child custody are essential to protect children's welfare and ensure more effective implementation of court decisions, so that the best interests of the child always remain a priority in every decision.
Tinjauan Yuridis Pemekaran Wilayah Daerah Provinsi Berkaitan Dengan Wacana Pemekaran Provinsi Nusa Tenggara Timur (NTT) Ama, Jefrianus Tamo
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.14620231

Abstract

In principle, the formation of the expansion of the provincial region, according to the 1945 Constitution of the Republic of Indonesia in Article 18B (1) explicitly states that the Unitary State of the Republic of Indonesia consists of provincial regions, districts/cities that have regional autonomy. The formation of new provinces is an implementation of the principle of decentralization in the 1945 Constitution. Regional expansion is a process of forming new autonomous regions from an existing region. The formation of new regional expansion is based on the principle of decentralization which applies the division of authority to regulate the household of the region itself. The discourse on the Expansion of the Province of East Nusa Tenggara is an aspiration from the community, this is only a discourse or issue that was then responded to by several politicians and members of the People's Representative Council of the Republic of Indonesia. For this reason, the expansion of the provincial region is based on Law No. 23 of 2014 concerning Regional Government and Implementing Regulations, Government Regulation of the Republic of Indonesia Number 78 of 2007 concerning Procedures for the Formation, Elimination, and Merger of Regions. In this regulation as the implementer of Law No. 23 of 2014, which includes the procedures for implementation, mechanisms, and procedures for the formation of regional areas. In this study, the author uses a normative legal approach research, and sociological analysis based on existing secondary data, namely from: Books, magazines, journals, newspapers, websites, as a benchmark for this author or author.

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