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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 798 Documents
Peran Globalisasi Dalam Membentuk Dinamika Ekonomi Nasional: Perspektif Ekonomi Politik Candra, Mellyana; Clodya, Ferika; Sarlini, Heti; N, Norpaizah
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15669437

Abstract

This study purpose to analyze the role of globalization in shaping Indonesia's national economic dynamics from a political economy perspective. The main focus is on how globalization influences economic policy, national economic structure, and its impact on public welfare. A qualitative approach with a literature review method is applied. Data sources were obtained from relevant scientific journals and literature published between 2020 and 2023. The analysis technique used content analysis on themes of globalization, national economy, and political policies. The findings indicate that globalization accelerates national economic growth through increased trade and investment flows. However, it also brings challenges such as social inequality, economic dependence on foreign markets, and pressure on domestic sectors. Politically, globalization fosters democratization and policy reform, though not all social groups benefit equally
Kontribusi Timor-Leste dalam Penegakan Hukum Laut Internasional: Studi Kasus Ratifikasi UNCLOS dan Perjanjian BBNJ Arkan, Muhammad Hanif; Maharani, Nabilah Liztha
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15525018

Abstract

 This study examines Timor-Leste's contribution to the enforcement of international maritime law through its study of the ratification process of the United Nations Convention on the Law of the Sea (UNCLOS) and the Treaty on Biological Diversity Beyond National Jurisdiction (BBNJ). The background of this problem is rooted in the importance of international maritime law enforcement in maintaining order and justice at sea, as well as protecting valuable marine natural resources, especially for coastal and island states such as Timor-Leste. The purpose of this study is to evaluate the steps taken by Timor-Leste in fulfilling its international obligations and the impact of the ratification of UNCLOS and BBNJ on the country's national policies and international relations. This study uses a descriptive qualitative method with a case study approach. The results of the study indicate that Timor-Leste has been actively involved and taken significant steps in enforcing international maritime law, but still faces challenges in terms of resources and institutional capacity.
Ilmu Hubungan Internasional Fakultas Ilmu Sosial Dan Ilmu Politik, Universitas Hasanuddin Gusmawan, Aditya Dwi; Nugraha, Imam Fadhil
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15714539

Abstract

This thesis analyzes the United States' strategy in diplomacy during the case of India-Pakistan conflict escalation in May 2025. In that month, the Kashmir region experienced an increase in violence after a terrorist attack that killed 26 civilians. President Trump claimed that U.S. mediation dictated the ceasefire agreement, but India denied this, assuring that the settlement was reached by the Indian and Pakistani states themselves. This study uses qualitative case study methodology and content analysis to explore the diplomatic practices of the United States using the frameworks of Practice Theory and Strategic Narrative Theory. The framework guides the following study findings: United States diplomacy in this case serves to enhance conflict resolution as it is a social practice of knowledge that serves to reinforce political meanings and activities. Practice Theory proves that the United States' diplomatic actions are integrated practices that maintain America's political position in South Asia. Strategic Narrative Theory shows how the United States constructed itself as an irreplaceable neutral mediator, using strategic narratives to legitimize its initiatives and maintain its geopolitical relevance in the face of Chinese and Russian intransigence. Whereas this analysis finds that the United States' diplomatic strategy operates in both instrumental and performative dimensions, claims of successful mediation serve interests in short-term conflict management and long-term hegemonic influence. Through this strategic narrative, the United States has a symbolic construction of dependency, where regional conflicts seem to require intervention from Washington; this model reinforces America's global centrality in the security architecture. 
Pernikahan di Bawah Umur dalam Perspektif Hukum Positif di Indonesia: Tradisi di Tana Toraja Angelina, Sandra Laudya; Efriliani, Firial Tiara; Oktaviani, Risa Dewi; Octaviani, Eky; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15594779

Abstract

This research examines underage marriage in the perspective of positive law in Indonesia in the traditions of Tana Toraja. The purpose of this research is to find out how the existing laws and regulations in Indonesia are related to the marriage of minors and to know and understand what forms of legal protection are given if underage marriage has occurred. The method used in this research is the normative juridical research method, which means that the problems studied are based on laws and regulations, legal literature, and the media. The results showed that there are still high cases of underage marriage in Tana Toraja because it is influenced by local customary law that violates Law Number 1 of 1974 jo Law Number 16 of 2019 concerning Marriage. Therefore, an active role is needed from the government and the community in order to create a balance between cultural preservation and compliance with national law.
Analisis Kasus Kekerasan Anak Terhadap Orang Tua di Bekasi Gunawan, Ade; Yusuf, Hudi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
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Abstract

Domestic violence cases committed by children against their biological mothers have attracted public attention, especially when similar incidents occur in the Bekasi area on Sunday, June 22, 2025. These acts of violence reflect serious disturbances in family relationships, weak emotional control of the perpetrators, and the possible involvement of external factors such as substance abuse or social pressure. This study aims to analyze the causal factors, background of the perpetrators, and social responses to cases of child abuse against biological mothers in Bekasi. The method used in this study is a descriptive qualitative approach with case studies, referring to media data, social observations, and family criminology theory. The results of the study indicate that the violence was triggered by a combination of prolonged family conflict, weak moral education from an early age, and minimal psychosocial support in the surrounding environment. The victim's mother suffered physical injuries and psychological trauma, while the perpetrator showed signs of emotional disturbance and impulsive behavior. Handling this case requires cross-sector collaboration, from law enforcement officers, forensic psychologists, to family protection institutions. This study recommends strengthening character education, family counseling services, and early reporting systems to prevent similar violence in the future.
Analisis Etika Profesi Hakim Mahkamah Konstitusi terhadap Dampak Pelanggaran Kode Etik dalam Putusan MK Nomor 90/PUU-XXI/2023 Amanda, Niken Dwi; Azzahra, Fidda Nazli; Nurdin, Merry Kurniawati; Dharmawan, Cinta Rizqareka; Rahmadani, Novia; Rachman, Rheyna Reva; Az Zahra, Hilyah; Ardyanti, Widyarini; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
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Abstract

The Constitutional Court (Mahkamah Konstitusi) plays a crucial role in safeguarding the constitution and upholding the principles of constitutional democracy in Indonesia. However, its credibility and integrity have been seriously questioned following the issuance of Constitutional Court Decision No. 90/PUU-XXI/2023, which addresses the minimum age requirement for presidential and vice-presidential candidates. This ruling sparked widespread controversy due to its perceived political interests and alleged violations of judicial ethics by several justices, particularly Chief Justice Anwar Usman, who was found by the Constitutional Court’s Honorary Council (MKMK) to have breached impartiality due to a family conflict of interest involving one of the candidates favored by the decision. This study employs a normative legal research method using both statutory and conceptual approaches to critically analyze the role of judicial ethics in maintaining the independence of the Constitutional Court, and to evaluate the legal and sociological implications of ethical violations on the legitimacy and validity of the Court's decision. The analysis shows that while the ruling remains legally valid and binding in accordance with Article 24C of the 1945 Constitution and the Constitutional Court Law (UU MK), which affirms the final and binding nature of Constitutional Court decisions, its moral and social legitimacy is significantly undermined due to unethical practices that contradict the principles of integrity, transparency, and accountability. Ethical violations in the decision-making process not only tarnish the personal reputation of the justices involved but also erode public trust in the institutional independence of the Constitutional Court. In modern constitutional legal systems, procedural legality cannot be separated from constitutional morality. The continued function of the Constitutional Court as the protector of citizens' constitutional rights and the guardian of constitutional supremacy is heavily dependent on the legitimacy derived from public trust. Therefore, reforming the judicial ethics system and strengthening the role of the MK as an independent and effective ethical oversight body is an urgent necessity to ensure that the Constitutional Court remains a dignified and authoritative institution in Indonesia's constitutional democrac
Konflik Agraria dan Ketimpangan Struktur Kepemilikan Tanah: Studi Kasus Perkebunan Sawit di Kalimantan Tengah L, Leon; Ramadhan, Adam; Dewani, Citranti Hanifah; Farhan, Fien Naufal Zaim; Winanti, Atik
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15486117

Abstract

Agrarian conflicts in Indonesia are structural issues rooted in the unequal distribution and ownership of land. This study examines the dynamics of agrarian conflict in Central Kalimantan, particularly related to the expansion of oil palm plantations and its impact on local land ownership structures. Using a juridical-sociological approach and a case study method, the research finds that the implementation of the Basic Agrarian Law (UUPA) has not yet fully realized the principles of social justice in agrarian resource management. The disparity in land ownership between corporations and indigenous communities is identified as a major trigger for prolonged conflict. This study recommends the enforcement of the core principles of the UUPA and the strengthening of indigenous land rights within national agrarian policy.
Analisis Dampak dan Regulasi Fintech Lending: Studi Kasus Pada Skandal Tanifund di Indonesia Farbadi, Mayla Putri; Sianturi, Mouna Suez; Yadita, Devina; Nugraha, Rifansyah; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

In the fintech lending industry, especially peer-to-peer (P2P) lending platforms, violations against consumers often occur. Violations that often occur through P2P lending platforms that are not transparent and do not have adequate fund protection mechanisms. According to Article 1 number 2 of Law Number 8 of 1999 concerning Consumer Protection, a consumer is someone who uses goods and services available in the community. One of them is the case of TaniFund, a P2P lending platform that failed to pay massively in 2023. The method used in this study is the normative legal approach method because this legal research uses secondary data from primary legal materials and secondary legal materials. The results of this study state that in the consumer protection law, business actors must be aware that P2P lending consumers are protected by law, with the existence of this law it is hoped that P2P lending users will get adequate protection so that there are no more cases that harm P2P lending users.
Dampak Fintech terhadap Kinerja dan Regulasi Perbankan di Indonesia Kharismawati, Alfaning Martina
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
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Abstract

The development of financial technology (fintech) has brought fundamental changes to the global financial services system, including in Indonesia. Fintech offers various innovations that improve efficiency, inclusiveness, and convenience in financial transactions. However, behind these benefits lie major challenges for the banking sector, particularly in terms of data security, regulation, and financial system stability. This study aims to analyze the impact of fintech on banking performance and innovation from a banking law perspective, as well as to examine the readiness of existing regulations in responding to this digital disruption. Through a qualitative approach based on literature review, this study shows that collaboration between banks and fintech companies can be a mutually beneficial strategy, provided it is supported by a strong legal framework, an integrated supervisory system, and optimal consumer protection.
Pelanggaran Etika Terkait Pemalsuan Dokumen oleh Advokat Sihotang, Josua Ferdinand; Sihombing, Albert Hasea Samuel; Simamora, Tesalonika Amazia; Az-Zahra, Fatimah; Wulandari, Hania; Yesica, Shely; Steffanie, Josephine; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
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Abstract

The legal profession of advocacy plays a crucial role within Indonesia’s legal system as a guardian of justice and protector of human rights. However, ethical violations, particularly document forgery, pose significant challenges that threaten the integrity of the profession. This study aims to analyze the regulation of the Advocate’s code of ethics concerning document forgery, the applicable sanctions, and the impact on the judicial system and public trust. Using a normative juridical approach, this research examines provisions from the Advocate Law, the Indonesian Advocate Code of Ethics (KEAI), and the Indonesian Criminal Code (KUHP). The findings reveal that advocates involved in document forgery may face criminal, ethical, and administrative sanctions. Such violations not only harm clients but also establish a negative precedent for the rule of law. Therefore, stricter oversight, consistent enforcement of sanctions, and the enhancement of ethical awareness among advocates are essential to maintain the profession’s integrity. Preventing and addressing ethical violations are critical steps in preserving public confidence in Indonesia’s legal system.