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INDONESIA
Media Hukum Indonesia (MHI)
ISSN : -     EISSN : 30326591     DOI : https://doi.org/10.5281/zenodo.10995150
Core Subject : Social,
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.
Articles 872 Documents
Pengaruh Politik Hukum Dalam Pembentukan dan Penegakan Hukum di Indonesia I, Ismaidar; Sembiring, Tamaulina Br.; Saragih, Elisabeth
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.14194959

Abstract

Legal politics is a strategic instrument in the formulation and enforcement of laws that reflects the vision, mission, and goals of a state. This article examines how legal politics influences the drafting of legislation and its implementation in law enforcement in Indonesia. Using a descriptive qualitative approach, this study reveals that legal politics in Indonesia is shaped by various political, economic, social, and cultural dynamics. The findings highlight challenges in maintaining the integrity and independence of the legislative process and law enforcement due to political interference. This article recommends strengthening oversight mechanisms and increasing public participation in legal politics to establish a more just and accountable legal system.
Praktik Pembulatan Harga Dalam Jual Beli BBM di SPBU Perspektif UU Nomor 8 Tahun 1999 Fitriana, Alvi Lailatuz Zahro; Pakih, Ilham; Maromi, Nailul; Kamila, Sopwa
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.14241872

Abstract

Price rounding is the practice of adjusting the price of goods by rounding it either up or down. In fuel purchase transactions, this often occurs when consumers fill their tanks (full-tank purchases), and the price charged by gas station attendants does not match the amount displayed on the fuel dispenser screen. If such practices continue unchecked, they could become a habit that disadvantages consumers.This study aims to analyze the phenomenon of price rounding in fuel purchases at gas stations from the perspective of consumer protection laws. This article employs a juridical-empirical research method, using a statute approach grounded in legal provisions and regulations, alongside a conceptual approach. The research includes a detailed review of existing laws, interviews with consumers, and library research. Data analysis is carried out using descriptive-analytical techniques.According to Law No. 8 of 1999 on Consumer Protection, the practice of price rounding in fuel transactions at gas stations constitutes a violation of consumer rights, particularly the right to receive accurate and reliable information. Furthermore, it infringes on the consumer's right to obtain goods that correspond to the payment made. If left unaddressed, such practices could harm consumers by failing to uphold their rights.
Analisis Kasus Pencucian Uang Rafael Alun Trisambodo dalam Hukum Administrasi Negara Suryo, Angger Bagas; Putri, Audrey Rasya Novianto; Rahmadhana, Radya Alluna; Andi Fitra, Taufiqur Rahman; 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

State administrative law is a branch of law that regulates the relationship between the government and the public, and regulates the mechanism for administrative decision-making by public officials. In this context, accountability and transparency are basic principles that must be upheld by government officials to maintain public trust. The case of Rafael Alun Trisambodo, an official at the Indonesian Ministry of Finance who was involved in alleged money laundering, has become a spotlight that highlights the challenges and dynamics in enforcing state administrative law. This study aims to explore the implications of state administrative law resulting from the case, with a focus on the role of regulation in preventing acts of corruption, as well as the importance of public oversight and participation. The methodology used is a qualitative analysis of legal documents, related policies, and media reports. The results of the study indicate that the implementation of stricter policies and proactive oversight are essential to strengthen public integrity and prevent the practice of abuse of power. These findings are expected to provide recommendations for the development of more effective state administrative law, as well as support the government's efforts to eradicate corruption in Indonesia.
Upaya Perbaikan Sistem Politik Sebagai Strategi Pengurangan Silpa Pada Pemerintah Kota Yogyakarta Lail, Ramadhani Nurullah Addaru; Trigopala, Komang Yuda
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.14739380

Abstract

The remaining budget surplus or Silpa is a fund that is not used up in one budget period. This remaining budget occurs when the realization of an activity budget that has been planned exceeds the budget previously set in the project activity. The political system is power that is obtained by way of organization and is also exercised within a country including certain institutions. In previous studies it was said that the regional government of the City of Yogyakarta experienced problems in terms of budget planning, namely an increase in the remaining excess budget spending caused by the political system. Therefore, this study aims to analyze the improvement of the political system as a strategy for reducing Silpa in the Yogyakarta city government. The method used in this research is a qualitative research approach, namely a multi-case study. Based on the method used, it was found that there were still some defects in the implementation of the Yogyakarta City Regional Government political system which caused an increase in Silpa, so it is necessary to improve the political system used to reduce the occurrence of Silpa.
Implementasi Pemenuhan Hak Tahanan dan Narapidana Lansia Dalam Pemberian Penempatan Kamar Hunian Khusus (Studi Kasus di Lapas Kelas IIB Ngawi) Wirawan, Hendra Fikry Cindy
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.14709202

Abstract

This study discusses vulnerable groups. Vulnerable groups are groups of people who have a high risk, where they are in situations and conditions that are considered less capable in high risk threats. Currently, what must be a concern for the government is that most prisons and detention centers have not been able to act or provide protection for vulnerable groups, focused on the elderly group. And the first two problems are taken, how is the implementation of the provision of special residential rooms for elderly Lapas Class IIB Ngawi Detention Center? This study aims to determine the implementation of the fulfillment of service rights for prisoners and convicts, to find out the implementation of the implementation of the provision of special residential rooms for prisoners and elderly prisoners, and to find out the factors that become obstacles in the implementation of the provision of special residential rooms for prisoners and elderly prisoners in Lapas Class IIB Ngawi. . This research uses a descriptive qualitative research method. Then the results of the implementation have not been fully implemented in the provision of special residential rooms for the elderly, but rooms for vulnerable groups. And some of the factors that become obstacles in providing the placement of special residential rooms for the elderly, including first, the condition of the land with dense spaces and the contents of prisoners and prisoners who are overloaded, second, consideration of the fulfillment of facilities and infrastructure, third, excess capacity, fourth, prisoners and elderly inmates do not submit complaints, and fifth, optimization of the current system.
Pemahaman Hadis Tentang Moderasi Beragama (Studi Takhrij Hadis) Askar, Nurlacksmi Septiana; Tasbih, Muh.
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

From the public to religious leaders, religious moderation has become a widespread phenomenon lately. This has to do with the religious climate in Indonesia, which is a bit unsettling. This is an example of religious radicalism, as the increasing religious polemics have a significant impact on elements of harmony. This situation encourages the development of religious moderation. Religious moderation can be defined as religious practice that is balanced rather than excessive. However, over time the definition of religious moderation has become more complex. This thesis aims to find out whether Hadith as the second Muslim guideline has roots and has great potential to invite its followers to commit violence and terror, especially against people of other religions. In this study, researchers used the thematic method (Maudhu'i), which is to do takhrij Hadith regarding religious moderation, then sanad criticism and matan criticism. Then relate it to the contexts related to the problem studied. The results show that the Hadith does not invite Muslims to be violent, extreme and excessive in religion as well as the Qur'an. The Qur'an and Hadith offer that understanding and practicing religion must go through the path of balance and be in the middle ground so that religion seems friendly, gentle and compassionate. In fact, balance is a necessity, including in natural law as the harmony of life. If not, this world will be destroyed and perish.
Penyelesaian Konflik Antar dan Intern Agama Dengan Surat Keputusan Bersama Budiantoro, Totok; Hardyansah, Rommy
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.14753348

Abstract

The state guarantees the freedom for every citizen to embrace a religion and practice their worship. However, problems that arise in life between religious communities are always there. The conflict takes a lot of energy and thought from all parties because it has touched on the political, social, and economic realms. The government has made various efforts to reduce conflict between religious communities, such as conducting interfaith dialogue. It is hoped that the community can prepare themselves to hold discussions with people of other religions who have different views on the reality of life. The dialogue is intended to get to know each other and gain new knowledge about the religion of the dialogue partner. The dialogue itself will enrich the insights of both parties in order to examine the similarities that can be used as a basis for living in harmony in society.
Pembatalan SK Pemberhentian Tidak Hormat Notaris oleh Pengadilan Akibat Kesalahan Kementerian Hukum dan HAM (Studi Kasus Putusan Nomor 294 K/TUN/2021) Nasution, Reynaldi Yuliansyah; Somasir, Tetti
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Notaries in carrying out their authority and duties are regulated by Law Number 2 of 2014. A notary can be dismissed by the Minister of Law and Human Rights if they commit a serious violation. A notary can file an objection and a cancellation lawsuit against the Dishonorary Dismissal Decree issued by the Ministry of Law and Human Rights as stated in the Jakarta State Administrative Court Decision Number 294 K/TUN/2021. Where the court subsequently revoked and annulled the Decree of the Minister of Law and Human Rights Number AHU.55.AH.02.04 of 2019. The issue in this research is to determine the accountability of the Minister of Law and Human Rights and to understand how to restore the reputation of notaries who have been harmed by the dishonorable dismissal by the Ministry of Law and Human Rights from the Notary position based on the annulment of the decree by the court as stated in decision Number 294 K/TUN/2021. Meanwhile, the research method used in this study is normative juridical, which employs secondary legal data and qualitative data analysis. And the theories used to analyze the issues in this research are Hans Kelsen's Theory of Responsibility, Philipus M. Hadjon's Theory of Legal Protection, and the general principles of good governance. The results of the research and discussion, as well as the conclusion, indicate that the decision of the Minister of Law and Human Rights has not met the principle of prudence based on the Judge's consideration, and it is the Minister's responsibility to revoke the decision that has been made and restore the Notary's status by reappointing them as a Notary in their original place as one of the efforts to restore the Notary's good name.
Tamimah dalam Perspektif Hadis N, Nurmajedah
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Tamimah is a rope that is worn by Arabs around the neck of children with the assumption that it can protect them from other diseases or eye diseases. Islam came and forbade all things related to shamanism in the form of amulets or spells and anything related to them is an evil that must be fought, except those that come from the Qur'an or spells that are ma'tsur. Based on this problem, the author wants to examine how the quality of the hadiths, both those that allow and forbid, and how to resolve them. Based on the results of the research, the authors found that the hadiths that seemed contradictory regarding the permissibility of using amulets could be compromised in order to avoid conflict and could be practiced together, considering that these hadiths met the criteria for the validity of the hadith. Thus, these traditions are maqbul hadiths with the status of valid traditions. So even though there are more hadiths that prohibit tamimah, all forms of amulets, whether from the Qur'an or not, are permissible under certain circumstances. The hadith about amulets is prohibited because some friends think that amulets are shirked because they deny belief in Allah swt. In fact, every form of the disease has a cure and the disease is cured with the permission of Allah swt.
Perlindungan Hukum Terhadap Korban Kekerasan Seksual Menurut Perspektif Hukum Pidana Islam Uddin, Hafiz Rafi; Kristiono, Natal; R, Ruhadi
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.14785387

Abstract

Sexual violence is a serious problem that has a wide impact on victims, both physically and psychologically. In the legal context, there are differences in approach between Islamic criminal law and the positive legal system in Indonesia regarding victim protection. This study seeks to answer three problem formulations: how Islamic criminal law defines and provides protection for victims of sexual violence, the differences in protection between Islamic criminal law and the positive legal system in Indonesia, and the implementation of Islamic legal principles in a modern plural society. This study aims to examine legal protection for victims of sexual violence from the perspective of Islamic criminal law and compare it with the positive legal system. Using a literature study method, data were collected from fiqh books, the Qur'an, Hadith, scientific journals, and laws and regulations in Indonesia, which were then analyzed qualitatively. The results of the study show that Islamic criminal law offers protection based on divine justice with strict sanctions against perpetrators and restoration of victim honor, although the standard of proof is quite strict. On the other hand, Indonesian positive law provides a more flexible approach with a focus on victim rehabilitation and upholding human rights. In a plural society, the implementation of Islamic criminal law principles requires adaptation through ijtihad and integration of Islamic legal values with the positive legal system. This study concludes that combining the best elements of both legal systems can create comprehensive and responsive legal protection for victims of sexual violence.