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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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Maraknya Tenaga Kerja Asing Ilegal di Indonesia Sebagai Akibat Lemahnya Pengawasan Ketenagakerjaan Pranitiaz, Laras Medina; Wibowo, Hanifah Fairuz; Putri, Nasywa Awalia; Dewanti, Tyur Regina; Prasetyo, Handoyo
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.11779827

Abstract

The existence and increase in the quantity of Foreign Workers (TKA) in Indonesia has given rise to a lot of debate that has spread in society, especially for workers. So that in certain conditions it can actually give rise to various problems, including violations of the residence and work permits of foreign workers, often in their passports it is written that the permission given by the Indonesian government and immigration authorities is for them to work as foreign workers in Indonesia. position and certain period of time, not just as a tourist. The research conducted by the author is a type of normative juridical research. Normative law focuses on legal concepts, principles and legal rules. Normative legal research focuses on positive legal norms such as statutory regulations. Apart from that, in principle this research also comes from secondary legal materials.. The research results show that the influx of foreign workers (TKA) into Indonesia hampers economic growth, reduces employment opportunities, and reduces the wage level of local workers. Law enforcement is carried out by checking, inspecting and providing sanctions for TKA violations. Administrative sanctions in the form of a fine of IDR 6-36 million in accordance with PP No. 34 of 2021. Apart from that, the sanction for illegal foreign workers is in the form of deportation. Preventive and educational efforts are carried out through outreach to companies regarding the rules for employing foreign workers.
Hubungan Implementasi Hukum Terhadap Dampak Psikis Mahasiswa Korban Bullying di Fakultas Hukum UPN “Veteran” Jakarta Oktaviani, Eka Putri; Wiliananda, Dwi Cinta; Khalila, Khalisa Putri; Khairiyyah, Lina Husnul
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Bullying is an action or behavior carried out by means of physical, verbal or emotional/psychological harm by a person or group who feels physically or mentally weaker repeatedly without any resistance with the aim of making the victim suffer. This research aims to: (1) describe the impact of bullying on students' mental health, (2) determine the forms of bullying that occur within the UPN Veteran Jakarta Faculty of Law, (3) identify actions that can be taken to address bullying problems. The approach taken in this research is quantitative using a questionnaire instrument technique via Google Form to obtain research data. From this research it was found that: (1) the impact that arises from bullying behavior on students at the Faculty of Law, UPN Veteran Jakarta, is that the victim becomes less confident and feels restless or nervous when meeting with large groups of people; (2) the form of bullying that occurs within the Faculty of Law at UPN Veteran Jakarta is cyberbullying, namely by the victim's friends uploading photos of the victim on social media without permission, apart from that there is also verbal bullying, namely by mocking or commenting on ethnicity and/or race and/ or religion; (3) the action that can be taken to address bullying problems is through criminal acts.
Analisis Kebijakan Fiskal: Dampak Terhadap Pertumbuhan Ekonomi di Kota Tanjungpinang A, Abraham; Pangestoeti, Wahjoe; Sari, Tiara Ayu Puspita; Khoirunnisa, Afrija
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Tanjungpinang City, as the capital of Riau Islands Province, has great potential to develop into an economic and tourism center in the region. However, to achieve this potential, appropriate policies are needed, including effective fiscal policies. This study This aims to analyze the influence of financial policy on the economic growth of Tanjung Pinang City. The information used in this research is secondary information obtained from various sources such as government reports, the Central Statistics Agency and literature. Data analysis shows that the financial policies implemented by the Tanjung Pinang city government have had a positive impact on the city's economic growth. This is indicated by an increase in gross domestic product (GRDP), a decrease in unemployment and an increase in investment. However, there are several challenges ahead, including the high dependence of Tanjung Pinang City on the tourism sector. Therefore, it is necessary to diversify the economy and improve the quality of infrastructure and human resources. increase the city's competitiveness.
Eksekusi Mati Dalam Perspektif Hukum Pidana Internasional dan Penerapannya di Indonesia Fikrie, Safina Nabila; Prasetyo, Handoyo
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.12547249

Abstract

This article examines death executions from the perspective of international criminal law and its application in Indonesia considering that there are still clashes or conflicting norms in implementing them in Indonesia. The research method used is the Normative Juridical research method. Normative Juridical Research is a legal research method carried out by examining library materials or mere secondary materials. This research approach is a statutory and case approach. This approach is carried out by examining laws and cases related to the legal issues being studied. In this case the author refers to Law Number 1 of 2023 concerning the Criminal Code, Declaration of Human Rights, and the International Covenant on Civil and Political Rights (ICCPR). The research results show that the implementation of death executions in Indonesia faces complex challenges, especially due to international pressure related to human rights. Many countries and international organizations have criticized the death penalty as a violation of the right to life, including Amnesty International and Human Rights Watch. Indonesia's commitment to international treaties, such as the International Covenant on Civil and Political Rights (ICCPR), adds to the dilemma of balancing international compliance with national law. Differences between national laws that allow the death penalty for serious crimes, such as narcotics and terrorism, and international standards that encourage restrictions on the death penalty also complicate the situation.
Peranan Hatobangon Dalam Penyelesaian Kekerasan Dalam Rumah Tangga (KDRT) di Kabupaten Padang Lawas Harahap, Holilatun Nisa; Syahminan, Mhd.; Muary, Rholand
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.11488996

Abstract

This research aims to find out what role hatobangon plays in resolving domestic violence in the Sigading village community, Huristak District, Padang Lawas Regency. This research uses qualitative research methods with a descriptive approach. Data collection techniques used were observation, interviews and documentation. The number of informants in this research was eight people. This research uses Lewis Coser's theory, namely social conflict theory. According to Coser, conflict can play an important role in the development, consolidation, and maintenance of social structures. He sees conflict as a struggle over values and claims for status, power, and scarce resources with the goal of neutralizing opponents or eliminating rivals. Coser differentiates conflict into two, namely realistic conflict is conflict that originates from individual or community group disappointment with the demands that exist in social relations. Meanwhile, non-realistic conflict is conflict that does not originate from opposing competitive goals, but is a need for certain parties to reduce tension. Hatobangon is a traditional figure who participates in resolving problems, if invited by the family to mediate. In the Qur'an, it is explained that if there is a dispute between husband and wife, then call the hakam as a mediator who will consider both cases and prevent people from being wronged.
Aspek Hukum Dalam Perjanjian Kerja Bersama D, Daud
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.13285041

Abstract

The purpose of this study is to determine how the implementation of the work agreement between the Employee Union and Management and what obstacles are in the PKB and what efforts are made to overcome obstacles to implementation. The research method used in this study is the normative legal research method and it can be concluded that: 1. The implementation of the Collective Labor Agreement (PKB) between Workers and Company Management starting from the first PKB to the last PKB to be valid, there are not many violations in terms of the quantity of problems. However, violations of the PKB also result in obstacles to the working relationship between employees. 2. Implementation, how to make a joint agreement, the role and function of the Collective Labor Agreement (PKB) must still be considered in determining policies or decisions concerning the existence of the workforce. Because with Sekar's involvement from the start in determining policies concerning employees through Sekar's role and function, it can prevent industrial relations disputes.
Konsep Negara Hukum Dalam Perspektif Hukum Tata Negara Indonesia (The Concept Rule Of Law From The Perspective Of Indonesian Constitutional Law) Kaban, Divany Harbina Emzilena; Putri, Keshia Annisa; Paksi, Arif Pujawangsa; Triadi, Irwan
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.11670332

Abstract

Almost every country has aspirations to become a rule of law state. Indonesia is no exception, with its aspiration as a rule of law state enshrined in the 1945 Constitution of the Republic of Indonesia. The concept of a rule of law state places all activities of the state and its society under the law. It also governs the administration of the state through legislation and upholds the sovereignty or supremacy of the law based on principles and values of justice. This research employs a juridical normative approach by conducting document analysis and utilizing data and information obtained through literature review. The research findings suggest that the concept of a rule of law state should be upheld because it offers the advantage of enabling the state to control society and foster justice within the nation. Furthermore, to address the shortcomings of this legal concept, it is necessary to incorporate principles and values that have developed and become integral to society, such as those embodied in Pancasila, into prevailing legislation. This ensures that legislation serves not only as a tool for those in power to govern the state but also as a manifestation of justice within society.
Analisis Yuridis Penetapan Anak Dengan Status Kewarganegaraan Ganda Ditinjau Dari Hukum Perdata Internasional (Studi Kasus Penetapan Nomor 703/Pdt.P/2019/PN.Jkt.Utr) Permatasari, Deshy Eka; Laurenza, Dias Prima; Zahra, Lintang Aulia; Azzahra, Natasya Fhadyah; Zahia, Reyna
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.12088943

Abstract

In the era of globalization, the increasing number of mixed marriages between Indonesian citizens (WNI) and foreign citizens (WNA) is becoming an increasingly common phenomenon. These marriages often produce children who have the potential to have dual citizenship, which poses significant challenges in terms of civil rights, access to education, inheritance rights, and other legal obligations. Indonesia has regulated this issue through Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia, which allows children resulting from mixed marriages to have dual citizenship up to a certain age. This research uses a normative juridical approach and a case approach to analyze the application of international private law to the determination of dual citizenship status for children resulting from mixed marriages. Case study of Determination Number 703/Pdt.P/2019/PN. Jkt. Utr is used to describe the implementation of the rule. The research results show that even though regulations exist, their implementation faces various obstacles, both from administrative and legal aspects. In addition, this research identifies the importance of strengthening international cooperation, empowering consumers, and developing innovation in the online lending industry to increase financial access and consumer protection. Continuous evaluation of regulatory effectiveness is also critical to ensure that regulations remain relevant and responsive to technological developments and changing business practices.
Penegakan Hukum Bagi Pengguna Sepeda Listrik di Jalan Raya Dalam Perspektif Hukum Positif Indonesia (Undang-Undang Lalu Lintas) Hermawati, Mutiara; Hanan Nuhi, Muhammad; Andari, Astriana; Marito, Eugina Evita; Farros, Naufal; Josua, Haezer; M, Mulyadi
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.11151871

Abstract

The emergence of electric bicycles has become a special focus of the government as an effort to reduce the use of conventional gasoline-fueled vehicles in order to reduce the level of pollution due to gas emissions produced by these vehicles. Therefore, various laws and regulations have been issued to regulate electric bicycles, such as Law Number 22 of 2009 concerning Road Traffic and Transportation and Minister of Transportation Regulation No. 45 of 2020 concerning Certain Vehicles Using Electric Motor Drives. However, in reality, it is the users of electric bicycles who cause many cases of traffic violations due to misuse of electric bicycles as a result of the absence of strict sanctions stated in these two laws. The aim of this research is to explain the legal regulations for every electric bicycle user in Indonesia as well as what legal measures are used by the government to increase public compliance as electric bicycle users, especially on the highway. The research method used in this research is qualitative in the form of a case study with the data collection method for this research using the literature study method. The conclusion of this research is that as a result of the emergence of various traffic violations by electric bicycle users, regulatory updates are needed in an effort to provide clarity regarding the restrictions that must be met and the prohibitions that must be avoided by every electric bicycle user. The advice we give is to update the laws and regulations regarding restrictions and strict sanctions if electric bicycle users commit violations as an effort to enforce law in Indonesia.
Literature Review: Penerapan Sistem Merit Dalam Proses Rekrutmen dan Seleksi Polri Maulitya, Tannya Athalla; Novitrisani, Yulinda; Supriyadi, Tugimin
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.12521668

Abstract

The National Police of the Republic of Indonesia, also known as Polri, is a governmental agency responsible for upholding security, enforcing laws, and safeguarding public order. It plays a crucial role in ensuring domestic security by providing protection and services to the people. The selection process for recruiting police officers is a crucial stage in assessing the calibre of potential candidates. This study use a literature review methodology to gather and evaluate diverse literature sources pertaining to pertinent subjects. The research findings demonstrate the significance of implementing a merit-based system in the recruitment and selection process to acquire highly skilled, promising, and competent National Police non-commissioned officers, irrespective of political affiliation, race, ethnicity, religion, nationality, gender, marital status, age, or disability status. However, the merit system is currently not being implemented properly due to deviations from established rules and other hurdles encountered at each level of the selection process.

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