cover
Contact Name
Penerbit Yayasan Daarul Huda
Contact Email
penerbitdarulhuda@gmail.com
Phone
+6285280459234
Journal Mail Official
penerbitdarulhuda@gmail.com
Editorial Address
Jln Pendidikan No. 1, Cot Seurani, Muara Batu, Aceh Utara,
Location
Kab. aceh utara,
Aceh
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 798 Documents
Sengketa Budaya Sasando di Forum Internasional Dalam Perspektif Hukum Internasional dan Hak Kekayaan Intelektual (The Cultural Dispute Over Sasando In International Forums From The Perspective Of International Law And Intellectual Property Rights) Triadi, Irwan; Ledewedjo, Jessica Leonita Anabel; Panjaitan, Rachel Netanya; Lubis, William Haposan; Fadhila, Rasya Aika
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

Abstract

Sasando is a traditional musical instrument originating from East Nusa Tenggara that holds significant cultural and historical value, serving as a symbol of Indonesia’s national identity. In 2021, reports emerged that Sri Lanka attempted to register Sasando as part of its cultural heritage with the World Intellectual Property Organization (WIPO), raising concerns over transnational cultural claims. This case highlights the urgency of protecting cultural heritage through international legal instruments, particularly within the framework of Intellectual Property Rights (IPR). This study aims to examine how international law can safeguard traditional cultural expressions such as Sasando and to what extent international IPR mechanisms can prevent unilateral claims by other countries. Using a normative juridical approach supported by case studies and analysis of international conventions—particularly the 2003 UNESCO Convention and WIPO’s role—the findings reveal that while legal frameworks exist, cultural heritage protection remains suboptimal without active registration, documentation, and diplomatic efforts by the country of origin. Therefore, countries like Indonesia must proactively engage in international mechanisms to protect and uphold their cultural heritage against illegitimate claims at the global level.
Analisis Kriminologis Terhadap Kasus Pengeroyokan Juru Parkir oleh Geng Motor “Brigez” di Cimaung, Bandung Defianti, Fifi; Yusuf, Hudi
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.15496143

Abstract

The case of a motorcycle gang assault that occurred in Cimaung, Bandung Regency, on March 16, 2025, has become a public spotlight because it caused the death of a parking attendant. This study aims to analyze the criminological crime against the perpetrators of the assault that caused death, as well as to identify the legal basis used in the law enforcement process. This study uses a normative legal method with a statutory approach and a case approach. The results of the study indicate that the actions of the perpetrators have fulfilled the elements of a criminal act as regulated in Article 170 paragraph (2) 3 of the Criminal Code, and can be expanded using Articles 55 and 56 of the Criminal Code regarding involvement. If there is evidence of intent or a plan to murder, then Article 338 or 340 of the Criminal Code can be applied. Strict law enforcement against the perpetrators is expected to provide a deterrent effect and increase the public's sense of security.
Pengelolaan Wisata Daerah Untuk Meningkatkan Pendapatan Asli Daerah (Studi Pada Pengelolaan Wisata Unggulan Kayangan Api Kabupaten Bojonegoro) Dewi, Tri Wulan Suryaning; Ma’ruf, Muhammad Farid
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

Abstract

Tourism is a strategic sector in driving regional economic growth through increasing local revenue, job creation, and community empowerment. One of the leading destinations in Bojonegoro Regency is Kayangan Api, famous for its unique eternal fire natural phenomenon and high historical and cultural value. However, the development of this area still faces challenges such as limited accessibility, inadequate supporting facilities, and minimal additional attractions. This study aims to describe the Kayangan Api tourism development strategy to increase its contribution to local revenue, using Cooper's 4A theory (1995): attraction, accessibility, amenity, and ancillary services. The study was conducted qualitatively descriptively through interviews with the Tourism Office, business actors, and visitors, as well as observation and documentation. The results of the study showed that the main attraction of Kayangan Api is the eternal fire which has geological and spiritual value, reinforced by Air Blukutuk, the Love Tree, and the legend of Empu Kriyokusumo. In terms of accessibility, the road to the location has been repaired, but public transportation is not yet available. Public facilities such as toilets and souvenir centers are already available, but interactive and educational rides are still lacking. Meanwhile, additional service support is still limited and community participation is not optimal. This study concludes that there is an imbalance between tourism potential and management. Therefore, an integrated development strategy is needed, such as the addition of educational attractions, public transportation, and community involvement to increase the competitiveness and contribution of Kayangan Api to the original income of the Bojonegoro region
Analisis Perbedaan Sistem Perbankan Konvensional dan Perbankan Syariah Dalam Sistem Perbankan Indonesia Hidayah, Nur; B, Baidhowi; Novita, Yustina Dhian
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.15563364

Abstract

This article analyzes the differences between conventional banking and Islamic banking systems in Indonesia, focusing on their operational principles and products. Indonesia, as a country with a large population and a Muslim majority, has two banking systems, namely conventional banking and Islamic banking. This article aims to provide a better understanding of these two banking systems and their implications for the development of an inclusive and sustainable financial system in Indonesia.
Tinjauan Yuridis terhadap Penerapan Mediasi Online (Online Dispute Resolution) dalam Perkara Perceraian di Pengadilan Agama Syahrani, Devy Fitri; Ramadhandiko, Difqa Alvi; Dorinda S, Gabriel; Kusuma, Nanda Putri Ananda; Nugroho, Andriyanto Adhi
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

Abstract

Amid the wave of digitalization, the judicial system is required to adapt and innovate to provide faster, easier, and more efficient access to justice for the public. One rapidly evolving innovation is the implementation of Online Mediation (Online Dispute Resolution/ODR). According to Article 1 of the Supreme Court Regulation (PERMA) No. 1 of 2016, mediation is defined as a dispute resolution process conducted through negotiations between the disputing parties, assisted by a mediator to reach a mutual agreement. In the context of divorce cases, mediation is considered crucial as it may help reduce the high rate of divorce. The issuance of Supreme Court Regulation No. 3 of 2022 concerning Electronic Mediation further solidifies the status of online mediation as an official part of the dispute resolution mechanism within the court system. This research adopts a normative juridical approach and employs qualitative analysis through a case study of Divorce Petition No. 440/Pdt.G/2024/PA.Pct, relying primarily on secondary data sources.
Peran Pengawasan Otoritas Jasa Keuangan Terhadap Pinjaman Online Berdasarkan Undang-Undang Nomor 21 Tahun 2011 Purba, Calvin Axel; Khairunnisa, ‘Imarroh Lutfiyatul Laeli
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.15612312

Abstract

One of OJK's steps in regulating this sector is through OJK Regulation Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending Services. This regulation provides detailed provisions regarding the implementation of online loan services as well as educational obligations for the public to increase knowledge and understanding of financial institutions, financial products, and financial services (Mohammad Amin El Fajri, 2018). However, because there are still many illegal online loan practices, OJK is actively eradicating illegal online loan providers. This study is a qualitative descriptive study with a normative perspective. The main data is obtained from the results of a literature review. Data analysis uses qualitative analysis. The results of the study show that the supervision carried out by OJK so far has had a positive impact, especially in increasing the sense of security and legal protection for consumers, raising public awareness of their rights, and encouraging industry players to carry out healthy business practices. However, challenges such as the rise of illegal online loans, illegal collection practices, weak supervision of third parties, and the transfer of some regulatory authority to industry associations, indicate that the OJK needs to continue to update and strengthen regulations that are more assertive, systemic, and integrated.
Analisis Hukum Perdata Pada Perlindungan Hukum Bagi Para Pihak Dalam Kontrak Digital: Studi Kasus Sengketa Saldo DANA Anami, Mulan Kasisty; Lidowati, Alvina Maretia; Panjaitan, Rachel Netanya; Fadhila, Rasya Aika; Purba, Diana Febri Nauli; 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.15260235

Abstract

The rapid development of information technology in the digital era has led to the emergence of digital contracts as agreements conducted through electronic media. Digital contracts share similarities with conventional contracts and are binding to the parties involved as regulated in Article 1320 of the Civil Code, but pose new challenges regarding legal protection for involved parties. This study aims to analyze the legal basis for protection in digital contracts and its practical application. Using a normative juridical method, this research examines regulations such as the Civil Code, ITE Law, Government Regulation No. 71 of 2019, and PDP Law to understand the validity of digital contracts and dispute resolution mechanisms. A case study on DANA balance disputes highlights that while regulations are in place, the implementation of legal protection still requires strengthening. The findings of this study are expected to provide recommendations for enhancing the effectiveness of legal protection in digital contracts in Indonesia.
Budaya Malu dan Penegakan Konstitusi Indonesia: Telaah Kritis atas Peran Mahkamah Konstitusi sebagai Pelindung Konstitusi Mahardika, Agus; Wisnu, Bagas; Arthaleza, Fergie Brillian; Viano, Nurloise; Abdallah, Raffi Ikzaaz; Hendarwin, Rasendriya; Ramadhan, Raihan; Hagina, Rizki; Febrian, Matthew
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

Abstract

This study examines the shame culture phenomenon in the context of constitutional enforcement in Indonesia, particularly through a critical lens on the Constitutional Court Decision Number 90/PUU-XXI/2023. The research investigates the transformation of the Constitutional Court's role from merely a negative legislator to a positive legislator, along with its ethical and constitutional implications. The research method used is normative juridical with conceptual and case approaches. The results indicate the subordination of shame culture to political interests in Constitutional Court decision-making, which potentially degrades the values of constitutionalism and judicial ethics. This study concludes that strengthening shame culture within constitutional judicial institutions is an urgent need to re-establish the constitution's dignity as an instrument for limiting power and preventing authoritarianism. Research recommendations include reforming the selection mechanism for constitutional judges, strengthening judicial codes of ethics, and increasing public participation in constitutional judicial oversight.
Pelanggaran Etika dan Profesi Hukum Pada Kasus Suap Penegak Hukum Pinasti, Putri; Kayowuan L, Kayus
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

Abstract

Ethical violations in the form of bribery among law enforcers (judges, prosecutors, police, and advocates) have become a systemic problem in Indonesia, undermining the principles of justice and public trust. This study aims to identify the forms of violations, driving factors, and strategies to eradicate bribery through a qualitative approach with a literature study method. The results show that ethical violations in the form of bribery/gratification, abuse of authority, conflict of interest, manipulation of evidence, and the role of intermediary advocates/clerks dominate cases such as bribery against Judge Ronald Tannur and gratification at the Juanda Airport Customs. The causal factors include weak individual integrity, materialistic work culture, ineffective supervision systems, weak legal sanctions, and political intervention. Proposed solutions include strengthening internal supervision, anti-corruption education from an early age, legal reform with strict sanctions, and protection for whistleblowers. This study emphasizes that eradicating bribery requires a holistic effort to restore the integrity of the legal profession and public trust.
Dilema Etika dan Tanggung Jawab Profesi Hukum dalam Era Digital: Studi Kasus Pelanggaran Kode Etik oleh Oknum Penegak Hukum pada Kasus Ferdy Sambo dan Pembunuhan Brigadir J (2022) Puspadewi, Gladys Trias; Purba, Moses Frederick; Alvito, Haykal Rizki; Haryani, Diah Septi; Valentara, Aqiila Banyu; M, Mulyadi
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.15529725

Abstract

The rapid development of digital technology has had a significant impact on various sectors, including the legal world. The digital era has given rise to various new challenges for law enforcers, especially related to violations of the code of ethics and professional responsibility. This study aims to examine the ethical dilemma and responsibility of the legal profession in dealing with violations of the code of ethics by law enforcers in the digital era. This study uses a qualitative approach by analyzing various cases of violations of the code of ethics involving law enforcers, as well as their impact on the credibility and integrity of the legal profession in society. The results of the study indicate that the digital era exacerbates the spread of inaccurate information and often worsens the image of the legal profession. Enforcement of the code of ethics of the legal profession requires adaptation to technological developments and the implementation of stricter supervision. This study also highlights the importance of the role of supervisory institutions and professional education in strengthening commitment to the ethics of the legal profession in the digital era. It is hoped that the findings of this study can provide insight into the development of legal profession policies and practices that are more responsive to changes in the times.