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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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Efektivitas Penyelesaian Sengketa Internasional oleh ICJ: Studi Kasus Nigeria-Kamerun Rahmadhana, Radya Alluna
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The territorial dispute over Bakassi between Nigeria and Cameroon is a significant example of international dispute resolution through the International Court of Justice (ICJ). This article examines the effectiveness of the ICJ in resolving the maritime dispute between the two countries, highlighting the legal process from the case submission in 1994 to the implementation of the ruling in 2002, which resulted in the transfer of the Bakassi Peninsula to Cameroon. The study analyzes the stages of legal resolution, challenges during implementation, and the socio-political impact of the ICJ’s decision on both nations. The findings indicate that the ICJ mechanism is effective in providing a legally binding peaceful solution, although successful implementation heavily depends on the political commitment and continued diplomacy of the involved states. This case study underscores the crucial role of the International Court of Justice in upholding international law and serves as a reference for resolving similar disputes in the future
Wanprestasi/Perbuatan Melawan Hukum Ahli Waris Pengganti Dalam Perjanjian Kredit Perbankan Purnama, Rendika; Abdallah, Raffi Ikzaaz; Ramadhon, Daffa Charisma Putra; Febrian, Matthew; Mahardika, Agus; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Bank credit agreements are legally binding arrangements between debtors and creditors, including when the debtor passes away. In such cases, legal responsibility for the outstanding debt may be transferred to the substitute heirs. This study aims to examine the legal liability of substitute heirs in bank credit agreements and analyze acts of default or unlawful conduct that may arise when obligations are not fulfilled. The research employs a normative legal method with a descriptive approach and juridical analysis of legislation, jurisprudence, and legal doctrines. The results show that substitute heirs bear limited liability based on the portion of inheritance received. However, in practice, breaches of obligation often occur, either due to ignorance or intentional neglect, resulting in legal consequences that harm the bank as creditor. Therefore, strengthening regulations and educating the public on the legal responsibilities of heirs are essential to ensuring legal certainty and balanced protection for all parties in the banking system.
Perlidungan Hukum Pekerja Alih Daya Untuk Mewujudkan Nilai Keadilan Rohman, Abdul; I, Ismail; Setiawan, Puguh Aji Hari
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study discusses the legal protection for outsourcing (outsourcing) workers in the perspective of social justice and employment law in Indonesia. The takeover phenomenon is widening with the enactment of the Job Creation Act which changed the previous regulatory structure, including the deletion of Articles 64 and 65 as well as the amendment of Article 66 in the Labor Code. These changes impact on the disappearance of transferable employment constraints, thus magnifying the potential for legal uncertainty and violations of workers’ normative rights. Through a normative juridical approach, this study analyzes the statutory provisions and the urgency of restricting the types of transferable work. It was stressed that legal protection should be preventive and repressive in order for workers to continue to receive justice, decent wages, as well as social security. The conclusion of the study recommends that the deleted articles be reinstated in order to guarantee equitable legal protection for turnover workers in accordance with Panchasila values and national employment objectives.
Netralitas Pejabat Negara: Etis dan Yuridis Sikap Wakil Bupati Garut Dalam Menghadapi Ormas Keagamaan Rabiah, Salwa; Afifa, Erina Nur; Rahman, Hafizh Aulia; Muttaqin, Sumayya; Khalila, Khalisa Putri; Khairiyah, Lina Husnul; R, Fathia Mahira; Andradit, Atthariq; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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This article aims to examine the ethical and juridical aspects of the neutrality stance taken by the Vice Regent of Garut, Luthfianisa Putri Karlina, in response to the sweeping actions conducted by the Islamic Ummah Alliance (AUI) against eateries operating during the day in Ramadan 2025. The study analyzes the suitability of the Vice Regent's reprimand actions against the organization within the legal framework and principles of public official neutrality in Indonesia. Through a juridical-normative approach, the research identifies that despite the issuance of a Community Compliance Decree by Forkopimda and MUI of Garut Regency, the decree is merely advisory and lacks the binding legal force of a regional regulation. The findings show that the Vice Regent's actions in reprimanding the religious organization were carried out in accordance with the authority outlined in Garut Regent Regulation Number 202 A of 2009 and align with the principles of due process of law and interfaith tolerance values. The study highlights the importance of balancing the enforcement of religious norms and protecting citizens' rights to engage in economic activities, particularly in multicultural societies. This case underscores the dilemma faced by public officials in addressing demands from majority groups while upholding good governance principles. The research reveals that the Vice Regent's firmness in condemning intimidation strengthens the government's legitimacy as a protector of diversity and guarantor of social order and justice. The findings contribute to developing an ethical decision-making model for public officials facing socio-religious pressures in regional governance and enrich understanding of the boundaries of public officials' authority in maintaining neutrality, legal interests, and socio-religious dynamics.
Dilema Media Massa di Era Digital: Antara Perlindungan Data Pribadi dan Kebebasan Pers Dalam UU PDP Alamsyah, Rizki; Wiraguna, Sidi Ahyar
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.15486207

Abstract

In an increasingly connected digital era, personal data has become a strategic asset that is vulnerable to misuse. The mass media, as an important part of the digital ecosystem, plays a dual role as a manager and disseminator of information involving individual data. The enactment of Law No. 27 of 2022 concerning Personal Data Protection (UU PDP) is an important milestone in the Indonesian legal system, but its implementation raises complex problems in mass communication practices. The main legal issue in this article lies in the tension between the media's obligation to protect personal data and press freedom in conveying information to the public. This study aims to examine the legal impact of the PDP Law on the mass media by examining the challenges, implications, and needs for regulatory adjustments. The approach used is the normative legal method, with a qualitative analysis of national laws and regulations (UU PDP, UU ITE, UU Press), GDPR as an international standard, and related legal literature. The results of the study indicate that the PDP Law demands significant reforms in data governance by media institutions, including transparency, security, data subject consent, and protection of sensitive data. On the other hand, the disorder of norms and the absence of an independent supervisory authority create gaps in implementation. This study also offers strategic recommendations for mass media to adjust journalistic practices and digital business with the PDP Law, including harmonization of journalistic codes of ethics and the use of data anonymization technology. In conclusion, the success of the PDP Law in the media sector requires synchronization of regulations, strengthening institutions, and increasing media actors' awareness of the principles of digital privacy rights.
Tinjauan Hukum Internasional Terhadap Perdagangan Manusia di Asia Tenggara Rahmadhani, Larasati; Permatasari, Angelina Dewi
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.15516028

Abstract

Human trafficking is one of the most complex forms of human rights violations, transcending national borders, with Southeast Asia being one of the most vulnerable regions to this crime. This study aims to examine the international legal framework governing human trafficking and to explore the challenges faced by Southeast Asian countries in its implementation. Using a qualitative research method with a normative juridical approach, this study analyzes international legal instruments such as the Palermo Protocol and the United Nations Convention against Transnational Organized Crime, as well as regional and national legal documents. Data collection techniques include case law analysis and legal literature review to understand the practical application of these laws. The findings indicate that although most countries in the region have ratified various international instruments, implementation at the national level remains hindered by weak law enforcement, lack of regulatory harmonization, and suboptimal regional coordination. This study recommends strengthening institutional capacity, updating national legislation in accordance with international standards, and enhancing inter-state cooperation to combat human trafficking more effectively.
Mata Najwa Sebagai Cermin Demokrasi dan Representasi Kebenaran Dalam Media Alternatif Pasah, Marip; Raharjo, Angga Sandhika; Almagfira, Anisa; Syahir, Fabhian Halky; Asmara, Daffi Allegra; Carina T., Joy Catherine; Carolina, Lavia Luky; Adfari, Tsabitah Rahmah; Abdullah, Nayla Putri; Yadila, Natasya; Amelia, Sabina Putri
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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This study analyzes the president’s narrative through Habermas’ deliberative democracy framework and assesses the communication relations between the elite and the public within the IKN policy as a reflection of the quality of participatory democracy in Indonesia. The article aims to examine whether elite political communication can serve as an indicator of the overall quality of democracy itself. The research method employed is qualitative content analysis, examining Mata Najwa as a representation of democracy and an alternative media platform. Data were gathered from various media sources and academic references, and analyzed comprehensively to produce findings that are relevant, applicable, and contributive to the development of media and democracy discourse in Indonesia. Mata Najwa, hosted by Najwa Shihab, has become one of the most notable highlights within Indonesia’s media landscape. With a track record as an independent journalist, the program consistently discusses political, social, cultural, and societal issues through a critical, reflective, and credible approach. Each broadcast presents competent speakers and multiple perspectives, creating a comprehensive dialogic space. This approach not only provides information but also education, while enhancing public satisfaction and awareness. The Mata Najwa podcast plays a strategic role in fostering an open political discussion space in Indonesia. Through the episode “[Exclusive] Jokowi on IKN, Gibran, and ‘Put Jokowi on Trial’,” the program invited President Jokowi to respond to political issues, public criticisms, and national policies. This broadcast reflects values of national defense, ethical leadership, and political courage in facing contemporary challenges.
Perlindungan Hukum Bagi Kreditur Serta Legalitas Penahanan Jaminan Oleh Kreditur: Studi Kasus Putusan Mahkamah Agung No 1733 K/PDT/2014 Amalia, Selma Dwi; Maula, Putri Ni’matul; Firdaus, Muhammad Bintang; Purnama, Rendika; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Credit agreements as principal agreements are often followed by additional agreements such as collateral, which are interrelated in their implementation. This study aims to analyze the legal relationship between the principal agreement (credit agreement) and additional agreement (collateral) and the legality of collateral retention by creditors in the case of Supreme Court Decision No. 1733 K/Pdt/2014. The background of this study is based on a dispute between debtors and creditors regarding default, debt collection that is not in accordance with the agreement, and retention of collateral certificates without a clear legal basis. The research method used is a normative legal approach with an analysis of legal documents and court decisions. The results of the study indicate that credit agreements as principal agreements have direct implications for the validity of additional agreements, especially in terms of collateral execution. The Supreme Court ruled that the creditor's action of withholding collateral without a legal basis violated the principles of contract law, so that some of the debtor's demands were granted. In conclusion, this case emphasizes the importance of transparency and balance of rights and obligations in credit agreements to ensure legal certainty for the parties.
Analisis Yuridis Tanggung Jawab Negara (State Responsibility) Terhadap Serangan Siber Oleh Aktor Non-Negara Dalam Perspektif Hukum Internasional Syahputra, Rifky Justicyo; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
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The digital era has increased global dependence on cyber infrastructure, yet it has also created vulnerabilities to transnational cyberattacks. This phenomenon becomes legally complex when attacks are carried out by non-state actors, raising fundamental questions about the accountability of the state from which such attacks originate. This research aims to analyze the application of the principle of state responsibility in international law, particularly concerning how the actions of non-state actors can be attributed to a state. Furthermore, this study identifies the fundamental juridical challenges in the process of evidence-gathering and law enforcement against states suspected of involvement or negligence. Using a normative legal research method with a statute approach and a case study approach, this article examines primary and secondary legal sources such as the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), the UN Charter, and relevant doctrines including the Tallinn Manual 2.0. The findings indicate that the attribution standard based on 'effective control' is difficult to meet in the context of anonymous and decentralized cyberattacks. Consequently, the focus of responsibility shifts to the breach of the due diligence obligation, where a state can be held accountable if proven negligent in preventing or responding to malicious cyber activities from its territory. Nevertheless, significant challenges remain in terms of technical evidence and the limitations of effective, non-escalatory international enforcement mechanisms
Kepastian Hukum Bagi Pelaku Bisnis Dalam Memperoleh Izin Berusaha Melalui Lembaga Perizinan Online Single Submission (OSS) Mayasari, Dita Nur
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Providing legal certainty is a crucial aspect in creating a conducive investment climate for business actors. One of the Indonesian government's efforts to realize this is through the implementation of an integrated electronic-based business licensing system, namely the Online Single Submission (OSS). This study aims to analyze the extent to which the OSS system is able to provide legal certainty for business actors in obtaining business licenses. The method used is normative juridical with a statutory regulatory approach and literature studies on various related regulations, such as the Job Creation Law and its implementing regulations. The results of the study show that although OSS provides easy access and efficiency of the licensing process, there are still a number of obstacles that affect legal certainty, such as data inconsistency between institutions, sudden changes in regulations, and limited understanding of business actors regarding the OSS system. Therefore, it is necessary to improve the system, increase coordination between institutions, and provide ongoing legal counseling in order to realize a transparent, accountable, and efficient licensing system.

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