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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 872 Documents
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Analisis Tanggung Jawab Hukum Pembeli Atas Wanprestasi Dalam Transaksi E-Commerce Dengan Metode Pembayaran Cash On Deliver Ridwan, Abdurrahman Faiz; Diksy, Khoirunnisa Putri; Azzahra, Novita Fitria; Silitonga, Rafhael Roberto; Raynee, Rasheesa Ryash; S, Surahmad
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.15206693

Abstract

At present, the development of technology and information is increasing at the same time as the increasing use of the internet and social media among the public. This can also affect transaction activities in Indonesia. Cash On Delivery or commonly shortened to COD is one of the popular payment methods among Indonesians because it provides convenience for consumers in carrying out transaction activities. However, there are often violations of agreements or defaults committed by buyers, such as refusal of orders without clear reasons or the inability of consumers to pay for goods that have been ordered. This research purposes to conduct a study related to the legal responsibility of the buyer in violation of the agreement or what is commonly called default in electronic commerce transactions or e-commerce using the Cash On Delivery (COD) payment method and analyze how the impact will be on business people and the form of legal responsibility of the buyer in these problems. This research uses a normative juridical research method that focuses on legal analysis through normative studies and laws and regulations. This method also includes collecting information related to positive law, legal principles, doctrines and other legal aspects related to sale and purchase agreements, defaults and e-commerce transactions. The data in this research comes from two types of materials, the first is primary materials, namely the Civil Code (KUH Perdata), Legislation and other Regulations. Meanwhile, secondary materials consist of journals, opinions of experts, and other research results related to the research topic. The results of this study can provide suggestions related to e-commerce transactions, especially for buyers to better understand the legal responsibilities in conducting e-commerce transactions using the Cash On Delivery (COD) method. In addition, a stronger protection system for sellers on social media platform in e-commerce transactions is also needed to deal with various problems of default committed by buyers.
Pelindungan Hukum dan Upaya Optimalisasi Potensi Ekonomi Indikasi Geografis Kopi Robusta Java Bogor Adyatma, Emir Fauzan; Palar, Miranda Risang Ayu; Rafianti, Laina
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.14950634

Abstract

Penelitian ini mengkaji pelindungan hukum dan optimalisasi potensi ekonomi Indikasi Geografis Kopi Robusta Java Bogor. Meskipun telah mendapatkan pelindungan hukum, potensi ekonomi produk Indikasi Geografis ini belum sepenuhnya terealisasi akibat tantangan dalam strategi pemasaran, rendahnya kesadaran konsumen, dan lemahnya penegakan regulasi Indikasi Geografis. Penelitian ini menggunakan pendekatan yuridis normatif dan yuridis sosiologis dengan menganalisis bahan hukum primer dan sekunder, serta studi lapangan melalui wawancara terpimpin. Hasil penelitian menunjukkan bahwa penerapan konsep traceability dan pendaftaran internasional dapat mengoptimalkan potensi ekonomi serta daya saing Kopi Robusta Java Bogor di pasar global. Selain itu, strategi jenama dan pemanfaatan platform digital direkomendasikan untuk memperluas jangkauan pasar dan meningkatkan pengenalan produk.
Wanprestasi Kewajiban Perusahaan yang Pailit: Studi Kasus PT Merpati Nusantara Airlines Manalu, Bryan Septian; Hidayanto, Nur Jantra; Rahmadia, Mohamad Haikal; Tanjung, Salsas Bila Juniyanti; S, Surahmad
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.15189615

Abstract

Bankruptcy is a legal mechanism used to resolve debts when a debtor is unable to fulfill their obligations. This study examines the bankruptcy case of PT Merpati Nusantara Airlines, a State-Owned Enterprise (SOE) operating in the aviation sector. The purpose of this study is to analyze the form of legal protection provided to creditors during bankruptcy proceedings, as well as the legal resolution process applied to PT Merpati Nusantara Airlines. A descriptive qualitative method was employed through a literature review of relevant regulations and court decisions. The results indicate that legal protection for creditors in bankruptcy is regulated through the classification of creditors into three categories: concurrent, secured (separatis), and preferred (preferen) creditors—each with different rights and priorities. Meanwhile, the bankruptcy process of PT Merpati Nusantara Airlines involved several complex stages, beginning with the bankruptcy petition filed by PT Perusahaan Pengelola Aset (PPA), the declaration of bankruptcy by the Commercial Court, and the management of assets by the appointed curator.
Efektivitas Pendampingan dan Akses Bantuan Hukum Pro Bono dalam Penyelesaian Sengketa Hukum Nagari, Cikal Gumiwang; Athaya, Raden Mas Agra Arinda; Siboro, Yevanya Sagita Purba; Togatorop, Agracecia Ebena; Sumardiana, Benny; Abidah, Shofriya Qonitatin
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.15212868

Abstract

Access to justice is a fundamental right guaranteed by the constitution and international legal instruments, but vulnerable groups in Indonesia such as the poor, people with disabilities, and victims of human rights violations often have difficulty obtaining legal assistance due to economic limitations and low understanding of the law. Pro bono legal aid provided free of charge by advocates or legal aid organizations is an important solution in bridging this gap. This article analyzes the role of pro bono legal assistance in improving access to justice through normative and empirical approaches, by examining Law No. 16/2011 and case studies of its implementation in various regions. The results show that pro bono legal aid has a positive impact, but is faced with challenges such as the lack of advocates involved, the limited capacity of legal aid institutions, and the lack of utilization of technology. Therefore, strengthening incentives, institutions, and digitalization are strategic steps to create a more inclusive and equitable justice system.
Analisis Kode Etik Profesi Hakim Terhadap Putusan Kasus Penganiayaan Oleh Terdakwa George Ronald Tannur (Studi Kasus Putusan MA NO. 454/PID.B/2024/PN.SBY) Amina, Frahnaz; Najla, Shabrina; Azalea, Shaila; Manurung, Abraham; Fauziyyah, Laila
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.14998325

Abstract

Indonesia as a country of law has law enforcement officers to ensure that the law runs well, one of which is the judge. In carrying out their duties, judges must be independent, impartial, and adhere to the principles of justice and legal certainty. To ensure that judges carry out their duties in accordance with the mandate of the constitution, a set of rules is formed as a guideline called the code of ethics for judges. However, in its implementation, the application of the judicial code of ethics still faces various problems, one of which is the practice of gratification or bribery which has the potential to interfere with the independence and integrity of the judiciary. The problems raised in this article are about the Code of Ethics and Guidelines for the Conduct of Judges in Indonesia and violations of the application of the Code of Ethics for the Professional Judges in the case of abuse involving the defendant George Ronald Tannur. Using the normative legal research method, this study analyzes laws and court decisions regarding the George Ronald Tannur case. The code of ethics and guidelines for the conduct of judges in the Indonesian judicial system aim to maintain the integrity and public trust in the judicial institution. However, in practice, violations are still found, such as alleged bribery in the George Ronald Tannur case. Therefore, it is necessary to strengthen supervision by the Supreme Court and the Judicial Commission to improve the integrity and professionalism of judges.
Peran Sertifikasi Halal dalam Melindungi Konsumen Muslim: Tinjauan Hukum Islam dan Hukum Nasional Agustin, Adelia Maelani; Destiawan, Firda Shauma; Yulianto, Moch Diki; Gina, Okta Nurul; Indriani, Sulis; Suresman, Edi
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.15198408

Abstract

Halal certification is an important instrument to ensure the halalness of products which aims to protect the interests of Muslims. The position of halal certification in the Indonesian national legal system is very important because it has been regulated in legislation, especially in Law Number 33 of 2014 concerning Halal Product Guarantee. In addition, the halal fatwa issued by MUI is also respected and followed by the government and the Muslim community. This study aims to analyze the role of halal certification in protecting Muslim consumers based on the perspective of Islamic law and national law. The method used in this research is a literature study with a qualitative descriptive approach to examine the sources of Islamic law and national regulations related to halal certification. The results of the study show that halal certification has a strategic role in providing legal certainty to Muslim consumers and protecting their rights to avoid products that are not in accordance with Sharia. Halal certification is not only a religious obligation but also a form of legal protection for Muslim consumers, so synergy between Islamic law and national law is needed to ensure its effectiveness.
Disparitas Penerapan Sanksi Terhadap Putusan Hakim Dalam Perkara Pemalsuan Surat Gailea, Sitti Wahyuni; Imran, Suwitno Yutye; Moha, Mohamad Rivaldi
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.15218762

Abstract

The criminal law system in Indonesia provides freedom for judges to determine the amount of the crime in a case. This often results in criminal disparities, where the same criminal act can be given different criminal sanctions. As happened in Decision Number 74/Pid.B/2022/Pn. Gto with Decision Number 201/Pid.B/2024/Pn.Sgt, where Decision Number 74/Pid.B/2022/Pn. Gto has a verdict of ten months in prison, while Decision Number 201/Pid.B/2024/Pn.Sgt has the result of a verdict of two months in prison. This research uses a normative method with a legislative approach and court decisions. The results of the study show that the judge considers several factors, namely the legal subject who feels aggrieved, the losses of the related parties, modus operandi, aggravating circumstances, and mitigating circumstances. This causes the judge's decision for the letter forgery case to have a different verdict.
Formulasi The Living Law Sebagai Pembaharuan Hukum Pidana Nasional Melalui Pendekatan Antropologi Hukum Manurung, Immanuel Joyson B.; Lubis, Andi Hakim
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

Abstract

Adat criminal law, as an integral part of Indonesia’s legal system, is an indigenous legacy that is inseparable from the development of law in the country. In the effort to reform Indonesia’s criminal law and replace the colonial penal code, Adat criminal law has been incorporated into the new Criminal Code (KUHP) as a form of legalization and recognition of its existence. However, this regulation brings consequences for the continuity of customary criminal law itself, particularly concerning the formalization, requirements, and restrictions that are applied. This article examines the impact of the regulation of Adat criminal law in the new Criminal Code that will be implemented. The research employs a legal anthropology approach, part of an empirical methodology, to understand how societal behavior, customs, culture, and emotions in a diverse environment influence and are influenced by the surrounding legal culture. From the study conducted, it is concluded that although the primary goal of regulating customary criminal law in the new Criminal Code is to provide a legal foundation and protection for its application, these regulations may introduce restrictions that could potentially weaken the existence of Adat law. Therefore, a legal foundation is needed that not only acknowledges but also respects and protects Adat criminal law, allowing it to continue to live and develop according to its inherent norms, while still adhering to the nation’s and state’s philosophy.
Aspek Pertanggungjawaban Notaris Dalam Perbuatan Melawan Hukum: Studi Kasus dan Implikasi Dalam Perjanjian Jual Beli L, Leon; Gultom, Stevanus Redvin Novertua; Hasibuan, Muhamad Abdul Aziz; Zein, Muhammad Alif Raihan; Salsabilasyah, Firyal Nur; K, Karren; S, Surahmad
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.15205101

Abstract

A notary plays a crucial role in drafting authentic deeds as valid evidence in various agreements, including sale and purchase agreements. In carrying out their duties, notaries are bound by Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 on the Notary Profession (UUJN). However, in practice, cases often arise where notaries are suspected of engaging in unlawful acts, either due to negligence or intentional misconduct, leading to legal disputes. One notable case highlighting the liability of notaries is District Court Decision Number 54/Pdt.G/2020/PN.Unr, which discusses the legal implications for notaries who commit violations in sale and purchase agreements. This case demonstrates that notaries may be held accountable under civil law and professional ethical codes if found guilty of legal violations. The involvement of notaries in unlawful acts can harm the parties involved in agreements and undermine public trust in the notarial profession. Therefore, concrete steps are needed to strengthen regulations, enhance supervision, and clarify sanctions for notaries who violate legal provisions to ensure the professionalism and integrity of notaries in every agreement they draft.
Perlindungan Hak Terhadap Tenaga Kerja Wanita Dalam Perspektif Hukum Sidqi, Faris Ali
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.14893452

Abstract

The purpose of this study is to determine the protection of rights for female workers from the perspective of national law and international law. The scope of this study focuses on the realm of labor law and international law. The research methods used are normative research, conceptual approach and legislative approach. Data collection techniques are carried out by tracing primary data and secondary data. The results of this study are: In the realm of national law, there are rights for female workers that are specifically regulated in Law Number 13 of 2003 concerning Manpower, as follows: a. Working Hours for Female Workers; b. Provision of Maternity and Miscarriage Leave; c. Provision of Time for Breastfeeding During Working Hours; d. Provision of Rest Period on the First and Second Days of Menstruation; and e. Prohibition on Termination of Employment (PHK) for Female Workers. The policy related to the rights granted to female workers was previously reaffirmed in Article 84 that the use of rest time rights as regulated in the law does not affect wages. And in the realm of international law. In 1948 the UN approved resolution 217A/III relating to the Universal Declaration of Human Rights or UDHR, considered as the basis for upholding the rights and principles of equality, security, integrity, and dignity of every individual. Then the Convention on the Elimination of All Forms of Discrimination Against Women or CEDAW was ratified. In 2004 the Indonesian Government signed the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

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