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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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Tinjauan Hukum Mengenai Tenaga Kerja Indonesia (TKI) Illegal yang Terjadi di Indonesia Setyarini, Astri Dewi; Prasetyo, Handoyo
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.12551820

Abstract

Problems related to Indonesian Workers (TKI) stem from the ineffective management of companies that distribute TKI. The lack of education of prospective migrant workers makes them vulnerable to fraud. Low understanding of the rules for working abroad is also a serious problem. Government protection for migrant workers is regulated in law, but there are still shortcomings in its implementation. Solutions to overcome this problem include improving recruitment, providing training to prospective migrant workers, and making agreements with the destination countries for migrant workers. Legal protection for migrant workers needs to be strengthened, including for domestic helpers who are vulnerable to exploitation. Current labor laws do not provide adequate protection for them. Improvements in legal protection for migrant workers and domestic helpers need to be made both domestically and abroad.
Keabsahan Pencatatan Perkawinan Beda Agama Antar Warga Negara Indonesia yang Dilakukan di Luar Negeri Afifah, Dashilfa; Pranitiaz, Laras Medina; Dewanti, Tyur Regina; Sukma, Nina Fitria; Naufal, Abyan Hafizd; Ramadhani, Dwi Aryanti
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.11534715

Abstract

This research aims to assess the validity of interfaith marriages between Indonesian citizens conducted abroad based on Law Number 1 Year 1974 on Marriage. In addition, this study also evaluates whether interfaith marriages between Indonesian citizens abroad can be considered as a form of legal smuggling in the perspective of International Civil Law. The approach used is normative juridical research, which utilizes secondary legal sources, consisting of primary, secondary, and tertiary legal materials. The data collection method is done through literature study. Based on the results of the research, it is found that interfaith marriages between Indonesian citizens abroad are considered invalid according to the UUP because they violate the provisions of Article 2 paragraph (1), which states that marriage is valid if it is carried out according to the laws of each religion and belief. Therefore, such interfaith couples often use Article 56 as a basis to solemnize marriages abroad and then record them in Indonesia in order to fulfill administrative requirements in accordance with the UUP. According to the rules of International Civil Law, a marriage is performed under the law of the place where the marriage takes place. However, in the context of Indonesian law, this practice is often considered a form of legal smuggling against Article 2 paragraph (1) of the UUP, as couples avoid the restrictions of national law by marrying abroad. Thus, although legally valid in the country where the marriage was performed, the interfaith marriage is not recognized as valid under the UUP without re-registration in Indonesia.
Analisis Terhadap Pembuatan Surat Pernyataan Keabsahan dan Kebenaran Dokumen Elektronik Pada Sertifikat Hak Tanggungan Sitompul, Gabriel Amadeus; Siahaan, Albert Lodewyk Sentosa
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.13820039

Abstract

This research aims to find out how the validity and correctness of electronic documents issued by PPAT and to find out how legal protection against PPAT as the person responsible for the validity and correctness of electronic documents. The type of research that will be used in this research is descriptive normative legal research. The type of data used in the research is qualitative data. The data sources used in this research are secondary data sources. The data collection technique used in this research is using secondary data with the library material method. The approach used in this research is a statutory approach. Literature study (library research) is the study of written information about the law that comes from various sources and can be widely published and is needed in normative legal research. The research approach used in this thesis research is qualitative research. This thesis research uses descriptive analysis techniques where the use of qualitative approaches to secondary data. The results showed that the statement of validity and correctness of electronic documents issued by PPAT is valid and must be the responsibility of PPAT based on the provisions of Article 10 paragraph (4) of the Government Regulation on Agrarian and Spatial Planning or the National Land Agency Number 5 of 2020 and legal protection for PPAT is limited to formal responsibility only. PPAT is not responsible in the event of falsification of documents provided by the client.
Analisis Yuridis Terhadap Instansi Pendidikan Yang Melakukan Penahanan Ijazah Menurut Hukum Perdata Keppy, Christmas Petra; Adrini, Shaina Subha; Loren, Medina; Ariana, Jessica; Nurdiannisa, Alifa; Yuli, Yuliana
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.11746682

Abstract

This study examines the practice of withholding diplomas by educational institutions from legal, sociological, and philosophical perspectives. Diploma withholding is often implemented by schools as a means to enforce tuition payment, but this practice raises legal and ethical controversies. This research employs a literature study method with a descriptive-analytical approach to analyze the legal basis for diploma withholding, its impact on students' rights, and its relation to Sustainable Development Goals (SDGs) Number 4 on quality education. The findings indicate that withholding diplomas without clear legal grounds violates students' rights and can negatively affect educational access equality. Diploma withholding also exacerbates social and economic disparities. Therefore, legal advocacy and policy changes are needed to ensure that diploma withholding is conducted in accordance with legal provisions and justice principles.
Pemanfaatan dan Permasalahan Artificial Intelligence Dalam Kehidupan Manusia Serta Pengaturannya Secara Hukum Akbar, Muhammad Dafi; Sihotang, Josua Ferdinand; Purnama, Rendika; Hasna, Taria
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.12169651

Abstract

This research was conducted to obtain information, including theories, concepts, legal principles and legal regulations. In using primary legal materials, this article uses materials, namely the ITE Law of 2008 Jo. 2023 as well as secondary legal materials, namely books, articles and legal journals providing further explanation of primary legal materials. This includes draft laws, research results, and opinions of legal experts. This research was conducted using normative juridical research (normative legal research method). The normative juridical research method is library legal research which is carried out by examining library materials or mere secondary data. The era of the Fourth Industrial Revolution has entered the digital era where Artificial Intelligence (AI) plays an important role in transforming various aspects of human life, including the legal realm. While AI offers many benefits, its utilization also raises significant concerns and challenges, particularly in the context of legal regulations and ethical considerations. In Indonesia, even though AI technology is experiencing rapid progress, there is still no specific legal framework that addresses its existence and implications. The Information and Electronic Transactions Law (UU ITE) provides the basis for regulating electronic systems, including AI, although indirectly. AI is categorized under electronic systems and electronic agents according to Indonesian law. This classification implies that AI operates under the control and responsibility of a human operator or system provider.
Tinjauan Yuridis Peristiwa Revenge Porn dalam Konteks Undang-Undang ITE atau Undang-Undang Tindak Pidana Kekerasan Seksual Nurhasanah, Hikmah; Nabilla, Anissa; Adelita, Nabila Putri; Haryani, Diah Septi; A, Abraham; A, Alreindra; 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.11206692

Abstract

Revenge porn, the illegal and unauthorized distribution of private sexual content, is an increasingly worrying issue in today's digital era. The purpose of this article is to conduct a legal review of the phenomenon of revenge pornography, with a focus on the existing legal framework in Indonesia, in particular the Electronic Information Transactions (ITE) Law and the Sexual Violence Crimes Law. This article uses a legal approach and critical analysis to explore the challenges and obstacles in handling revenge pornography cases within the existing legal framework and how to protect victims and enforce the law more effectively. Consider possible improvements in your efforts.
Strategi Penegakan Hukum Internasional Dalam Menanggulangi Perdagangan Narkotika Lintas Negara Melalui Jalur Maritim Aurelita, Mira; Prasetyo, Handoyo
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.12526244

Abstract

The era of globalization accompanied by technological advances and connectivity between countries opens opportunities for the development of transnational crimes, one of which is narcotics trafficking. In recent years, the global narcotics trade has undergone a significant shift. International syndicates have begun to utilize maritime and water routes as the main distribution route, shifting the focus from the previously dominant land route. This research aims to find out what factors cause the large number of transnational narcotics trafficking through maritime routes and how a comprehensive and integrated international law enforcement strategy to tackle narcotics trafficking through maritime routes. This type of research is normative juridical with a statutory approach and case approach, as well as a literature study method. The result of this research is that factors such as ease of access, sophisticated technology, weak supervision, and economic factors provide a wide gap for drug traffickers. International legal instruments such as UNTOC and the 1988 UN Convention provide a foundation for cooperation and maritime law enforcement. However, high levels of state commitment and close international cooperation are required to overcome these challenges.
Literasi dan Edukasi: Meningkatkan Pemahaman Masyarakat terhadap Ekonomi Syariah di Indonesia Oktafianur, Muhammad Dodi; Rahmayanti, Selvia Dinda; Azizah, Tiara Putri
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.11443055

Abstract

As a country with the largest Muslim population in the world, Indonesia has the potential to become one of the centers of Islamic financial and economy at the regional and global levels. This potential needs to be balanced with a good and comprehensive understanding in the fields of Islamic economics and finance so that its distribution is not spread evenly throughout the region. Indonesia has a large market potential, so Indonesia must be the main driver of the Islamic economy. The research approach uses a descriptive qualitative approach with the literacy method. Research data analysis is focused on Islamic financial literacy. Data collection in this study is to use primary and secondary data. Islamic economic and financial literacy consists of several elements, the identification of the first element starts from the term financial literacy. The conception of financial literacy consists of two major parts, namely the element of mastery of financial knowledge and the implementation element of financial knowledge itself. Then the next step is to make the conception of financial literacy more comprehensive. In terms of external, Indonesia has opportunities to develop literacy and Islamic economic human resources. However, as for the challenges in developing the Islamic economy in Indonesia. One of them is the wrong understanding that Islamic financial products can only be accessed by people who are Muslim. This understanding is actually not true, because Islamic financial products can be accessed by anyone, not limited to certain religions.
Pokok-Pokok Ajaran Ahmadiyah Santalina, Indo; Bahar, Elsa Wildia
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.12741748

Abstract

Ahmadiyah is a religious movement in islam founded by Mirza Ghulam Ahmad. The founder of the ahmadiyah congregation came from a respectable family , he was born on February !3 1835 , 0r 14 Shawwal 1250 H on Friday in qadian hamlet which is locted 24 km from the city of amritsar, Punjab , india. Studying the origins and movement  of the ahmadiyah movement is interesting because this movement still has followers in a number of muslim countries, including Indonesian. In this paper, using a qualitative approach, the researcher tries to trace the traces of the ahmadiyyah movement an its main ideas. This research is a literature study. The result of the research show that the emergence of the ahmadiyyah sect was motivated by social and political conditions so that various sects emerged , one of which was the sect brought by mirza ghulam ahmad on march 23 1889 in indian to eliminate the feeling of emptiness of religious outhory, as well as wanting the public to have a capable figure . direct you to the staright path.
Pertanggungjawaban Pemerintah Terhadap Mahasiswa Indonesia Korban Eksploitasi Program Magang Ferienjob di Jerman Nurfajriana, Syifa; Prasetyo, Handoyo
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.11666797

Abstract

Universities must design innovative learning to optimize student attitudes, knowledge, and skills. One of them includes the internship program at the Merdeka Campus. However, some parties abuse this situation resulting in the exploitation of students in the Ferienjob Internship Program in Germany. The aim of this research is to determine the government's responsibility towards students in the Ferienjob Internship Program in Germany. The research method used is normative research. This criminal act of human trafficking (TPPO) began with the socialization of the Ferienjob program at various universities by PT Cvgen and PT Sinar Harapan Bangsa (SHB). The perpetrators attract potential participants with tempting promises, such as stating that this internship program equals 20 college credits. The human trafficking case has involved several parties, both the government and the target company, so the government must be responsible for providing protection to the victims. The criminal act of trafficking in persons (TPPO) involves many parties, and students are exploited economically and energetically, so the government has a big responsibility to provide adequate protection. The author suggests that the government immediately develop special regulations for international internship programs for vocational and non-vocational students.

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