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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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Analisa Kebijakan Hukum Terhadap Kasus Koin Kripto Sebagai Bukti Elektronik Tindak Kejahatan Pencucian Uang Murti, Terra Whisnu; K, Kefianto; Ferdiansyah, Reza; Priyambodo, Muhammad Bagus; Akbar, Masyhur; Nugroho, Andriyanto Adhi
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.11911769

Abstract

The presence of the bitcoin concept, especially blockchain technology, first attracted the world's attention and provided good opportunities. However, in fact it is increasingly opening up loopholes for criminals, one of which is money laundering. Currently, crimes involving money laundering on blockchain platforms have accumulated significant amounts and caused considerable losses. In terms of the regulation of the criminal act of money laundering, there are still obstacles that give rise to pros and cons in the investigation process carried out by law enforcers, thus giving rise to problems in the investigation process. Therefore, this research examines whether investigators can prove and reveal criminal acts of money laundering which currently can only reach people who participate in committing criminal acts and what is the model for investigating criminal acts of money laundering which can confiscate, confiscate and destroy the assets of perpetrators of the crime. money laundering crime carried out using advanced technology and cryptocurrency. This research uses a normative legal research method which examines law conceptualized as applicable norms or rules.
Pelindungan Merek Terhadap Penyesatan Afiliasi Merek Dalam Dunia Digital Berdasarkan UU Merek dan UU ITE Salsabila, Shafa; Ramli, Ahmad M.; Permata, Rika Ratna
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.11110465

Abstract

The development of internet technology in Indonesia is on the rise. This aligns with the increasing level of crime due to the lack of boundaries in the digital world. One of these crimes is in the area of trade, where bad-faith business actors often engage in brand affiliation deception. Brand affiliation deception refers to a situation where certain parties piggyback on a genuine brand to create a misleading perception, causing consumers to believe that the two brands are affiliated in business with each other. However, regulations regarding brand affiliation deception are not fully and rigidly outlined in Indonesian legislation. The aim of this study is to examine and determine which legal actions constitute brand affiliation deception in the digital world according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions. Additionally, the study seeks to identify which legal actions can be taken in cases of brand affiliation deception as per Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The research methodology employed is a normative juridical approach, utilizing document studies or literature materials with secondary data comprising primary legal materials, secondary legal materials, and tertiary legal materials. The research results indicate that legal acts of brand affiliation deception in the digital world are classified as trademark violations in the form of passing off and cybersquatting, because brand affiliation deception can create the false assumption that the genuine brand and the piggybacking brand have business relations with each other due to bad faith. Legal actions that can be taken in the event of violations involving brand affiliation deception include filing for damages and/or brand cessation, as well as filing criminal charges as stipulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions.
Analisis Yuridis Peran Digital Forensik Dalam Pembuktian Tindak Pidana di Indonesia Anggraeni, Dinda Restya; Salsabila, Marsha
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.12513470

Abstract

The evolution of technology has impacted all sectors of life. Although it has provided many conveniences for humans, it is undeniable that technological advancements have led to the emergence of new crimes, known as cybercrime. Therefore, digital forensics is important to collect, analyze, and present digital evidence in court. This research aims to describe the role of digital forensic science in proving criminal offenses in Indonesia. In its preparation, the author uses the normative juridical method. The research shows that digital forensics plays an important role in proving criminal offenses in Indonesia. Digital forensics is crucial for finding, collecting, and reviewing evidence so it can be used in court.
Analisis Yuridis Peran Digital Forensik Dalam Pembuktian Kasus Penipuan Berkedok Investasi Online (Studi Kasus Doni Salmanan) Manggala, Bayu Suryadi; Putri, Amelia; Suzeeta, Nala Syandhira; Zalfa, Nabila; Marpaung, Velani Christina; Natalia, Imelda Hera; Nugroho, Andriyanto Adhi
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.11378972

Abstract

Technology has become an integral element in human life, influencing almost every aspect from daily activities to industrial development. Technology brings various conveniences, such as automation of industrial processes, increased efficiency in various sectors, and fast access to information. Advances in information and communications technology have provided a platform for fraudsters to devise investment schemes that are increasingly sophisticated and difficult to detect. These technology-based investment scams often utilize social media, email and fake websites to attract victims with the promise of high profits in a short time. Technology also allows fraudsters to hide their identities and makes it difficult to trace stolen funds. Education and public awareness are also key in preventing victims from falling into the trap of investment fraud. In order to reduce the risk and impact of technology-based investment fraud, collaboration between government, the technology industry and society is essential.
Analisis Hukum Fasilitas Penanaman Modal Bagi Investor di Kawasan Ekonomi Khusus Agatha, Aurelia; Sona, Riska Suainur
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.12690484

Abstract

Indonesia's Special Economic Zones (SEZs) have long been under global scrutiny as they serve as a primary tool for developed nations to assert their influence in developing and underdeveloped countries. In Indonesia, SEZs have evolved from various forms of economic activities such as Free Trade Zones and Closed Zones Plus, yet they have not yielded significant benefits for the country and foreign investors. As a strategically located archipelagic nation, Indonesia finds it challenging to avoid global interactions due to its crucial geographical position and abundant natural resources. This research aims to analyze the legal framework governing investment facilities for investors in SEZs, focusing on investment regulations, legal protection for investors, and infrastructure development policies. A literature review analysis method is employed to evaluate the legal implications of investment in SEZs. The findings of this study provide a deeper understanding of the legal challenges facing investors in SEZs and offer policy recommendations to enhance legal certainty and investment potential in these areas. The contribution of this research is essential to the literature on investment law and SEZ development, providing valuable insights for policymakers, legal practitioners, and academics involved in SEZ management.
Konsep Perlindungan Hukum Bagi Anak Turut Serta Dalam Melakukan Tindak Pidana Berdasarkan Hukum Positif Indonesia Haryanto, Imam; Wahdah, Azzhara Nikita; Almagfira, Anisa; Amelia, Dean Putri; Mulya, Ilham Indra; Tambunan, Joy Catherine Carina
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.11623459

Abstract

Children are precious assets for the future of the nation, so legal protection for them is a crucial aspect in realizing a just and prosperous society. In Indonesia, child protection is regulated in various laws, including for children involved in criminal acts. The involvement of children in criminal acts raises concerns because they are still in the developmental stage and are vulnerable to negative environmental influences. Therefore, the authors will examine the concept of legal protection for children who participate in committing criminal acts based on Indonesian positive law. The research employs a normative juridical method, which relies on legal norms as a foundation for examining and analyzing prevailing legal regulations. Its objective is to explore and investigate a type of safeguard for minors engaged in criminal activities within the framework of Indonesian positive law, and to probe into the factors hindering the provision of legal aid to children involved in such criminal activities. The findings reveal that despite existing regulations governing legal protection for juveniles in the justice system, their execution has been suboptimal due to insufficient facilities, awareness, and funding.
Menjamin Hak dan Kepastian Hukum Terhadap Orang Yang Berada Dalam Pengampuan Amanda, Niken Dwi; Nurdin, Merry Kurniawati; Zahra, Hilyah Az; Malik, Syaiful; Akbar, Soultan Raffly; 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

Abstract

Guardianship is a legal mechanism to place an adult who is deemed incapable of independent action, such as due to age, mental condition, or physical limitations, on the same status as children who are not yet capable of legal action. A guardianship order can be requested by the spouse, family, prosecutor's office, or any other interested party. The Surya Permana case is used as an example to show how judges consider evidence and the Respondent's condition before deciding on guardianship. In this case, the judge appointed the Respondent's wife as guardian to manage the Respondent's legal and financial interests. This research aims to provide a comprehensive understanding of the guardianship mechanism, the rights of guardians, the legal process involved, and the importance of legal protection for individuals under guardianship. In this research, the author uses a normative legal method that is descriptive in nature. The results of the study show that guardianship is an important legal instrument to guarantee the civil rights of individuals and prevent actions that harm themselves or others. The process of establishing guardianship is conducted through juridical and non-juridical considerations by the judge to ensure that the individual really needs guardianship. Guardianship can end if the individual's condition improves and he or she is deemed competent to perform legal acts.
Perlindungan Hak Atas Penggantian Tempat Tinggal Warga Terdampak Penggusuran Kampung Bayam Menurut Perspektif Hak Ekosob Putri, Syifadilla Subagyo; Prananda, Mayang Talentasari; Masdiana, Ismail; Wahyuni, Ridha
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.11309691

Abstract

The Law on Human Rights can generally be understood as provisions that protect human freedoms in sustaining their lives, including obtaining suitable housing, especially in preserving what has been theirs from the beginning. In the case of the eviction of settlements in the Kampung Bayam area, legal protection of human rights has not yet been realized to this day. The eviction carried out by the Jakarta Provincial Government was arbitrary, without considering its impact on residents who lost their homes and also as a form of deprivation of the economic, social, cultural rights of the Kampung Bayam community. Furthermore, until now, there has been no apparent effort from the government to restore the housing rights of the residents of Kampung Bayam. Moreover, Indonesia is a country based on the rule of law, which means Indonesia should prioritize the protection and respect of human rights as its main focus. 
Pernikahan Beda Agama Ikram, Muhammad Furqanul; Shuhufi, Muhammad; M, Misbahuddin
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.12592812

Abstract

Interfaith marriages are a phenomenon that is increasingly occurring in the era of globalization and modernization. An increasingly diverse and open society, coupled with easy access to information and human mobility, has made cross-cultural and religious interactions commonplace. In the Indonesian context, which has a variety of religions and beliefs, interfaith marriage is a quite complex and sensitive issue. The main topic in this discussion is interfaith marriages carried out by Muslim men or women with non-Muslim men or women, which are then formulated into several problem formulations, namely: (1) What is the law on interfaith marriages in Islamic law?; (2) What are the impacts that arise if an interfaith marriage occurs?; (3) What are examples of cases of interfaith marriages in Indonesia.
Efektivitas Pengaruh Lingkungan Terhadap Korban Bullying Berdasarkan Perspektif Kriminologi Dalam Ranah Pendidikan Alfatir, Muhammad Nur; Akbar, Raehan; Nathanael, Kristian; Najma, Siti Najla Nur; Nugraha, Setyo
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.11542270

Abstract

Bullying is not a new criminal act in society. Bullying cannot be underestimated considering that the impact of bullying is the most dangerous, namely that it can cause someone to have the desire to commit suicide. Therefore, there is a need for protection and an approach provided by law so that the crime of bullying in Indonesia can be reduced. This article was created to find out what factors cause bullying to occur, as well as the effectiveness of the environment on victims of bullying. Based on the research results, answers to existing problems can be obtained and conclusions can be drawn, firstly, bullying treatment that occurs in the educational environment can be seen from two aspects, namely the perpetrator and the victim. Judging from the perpetrator's perspective, there are racial differences, the appearance of symbols of seniority, the nature of feeling perfect, broken homes (problems in the family), as a means of entertainment, increasing popularity, and economic differences. The factors viewed from the victim's perspective are that the victim is weaker, keeps quiet a lot, and is a new person in their environment. Second, if there is an act of bullying violence in positive law, it is subject to the law in the Criminal Code.

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