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Penerbit Yayasan Daarul Huda
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penerbitdarulhuda@gmail.com
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+6285280459234
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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
Analisis Pelanggaran Kode Etik Advokat Terhadap Penanganan Perkara Klien Dalam Kasus Advokat Biy Palembang Dewanti, Tyur Reggina; Lewoleba, Kayus Kayowuan
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.15637950

Abstract

Enforcement of the code of ethics in the legal profession is the main foundation for maintaining integrity and public trust in the law. This study examines the types of violations of the code of ethics committed by an advocate with the initials BIY in handling a case of resistance to execution, as well as the method of enforcing ethics by professional institutions. The analysis shows that BIY has exceeded the limits of the power granted by the client by unilaterally handing over the object of execution to a third party without the client's consent. This action is contrary to the principles of loyalty, honesty, and professionalism contained in the Indonesian Advocates Code of Ethics. The mechanism for enforcing ethics is carried out by the Regional Honorary Council (DKD) of PERADI South Sumatra through various stages, starting from complaints, examinations, to imposing sanctions in the form of temporary suspension for 12 months. This study shows how important objective and transparent internal supervision is to maintain the dignity of the legal profession, while also providing a deterrent effect and education for members of professional organizations. It is hoped that this process can strengthen a legal culture that has integrity and responsibility among advocates in Indonesia. 
Studi Komparasi Mediasi dan Konsiliasi Dalam Penyelesaian Sengketa Pada Korporasi Hermawati, Mutiara; Rinanti, Pitra; Marito, Eugina Evita; Loren, Medina; Febriani, Anggie
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.15481988

Abstract

In the corporate world, disputes between parties often require efficient resolution methods outside of litigation. Two commonly used mechanisms are mediation and conciliation. Although both fall under alternative dispute resolution (ADR), they differ fundamentally, particularly in the role of the third party. A mediator remains neutral and facilitates negotiation without offering solutions, while a conciliator takes a more active role by providing written proposals to the parties. This article explores the differences, similarities, and legal basis of both mechanisms to offer clearer understanding for business actors in choosing the most suitable resolution method.
Strategi Komunikasi Advokat Dalam Membangun Kepercayaan Klien: Ditinjau Dari Pendekatan Hukum Khairun, Imarroh Lutfiyatul Laeli; Ardelia, Talita Adwa; Aprilia, Salsabila Nisa; Imon, Syarah Adilla
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.15511861

Abstract

Client trust is the primary foundation in the professional relationship between lawyers and their clients. The success of a lawyer in defending the legal interests of a client is not only determined by legal competence but also by effective and strategic communication skills. This study aims to analyze the communication strategies employed by lawyers in building and maintaining client trust, using a qualitative approach through case studies and in-depth interviews. The findings indicate that transparency, empathy, consistency of information, and the use of easily understandable language are key elements in lawyer-client communication. Furthermore, a client-oriented legal approach, professional ethics, and the fulfillment of client rights form the basis of every communication strategy applied. These findings contribute to strengthening the professional ethics of lawyers and improving the quality of legal services in Indonesia.
Optimalisasi Peran Corporate Social Responsibility (CSR) Terhadap Kebijakan Ekspor Pasir Laut Dengan Prinsip Perlindungan Lingkungan Rahayu, Dian Anggi; Ramadhani, Prastiti Suryaning; Novel, Samirah; Lestari, Widya Tri
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Government Regulation No. 26 Year 2023 on the Management of Sedimentation Results in the Sea has raised concerns due to its potential harm to marine ecosystems and possible conflict with environmental protection principles under Law No. 32 of 2009. Using a normative juridical method, this study finds that Corporate Social Responsibility (CSR) plays a vital role in mitigating environmental and social impacts, particularly through rehabilitation and coastal community programs. However, CSR implementation remains weak due to insufficient regulatory clarity. The study recommends strengthening CSR regulations with derivative norms ensuring transparency, independent evaluation, and public involvement. It also urges a comprehensive review of Government Regulation No. 26 Year 2023 to align with environmental principles such as AMDAL, public participation, and the precautionary principle. Corporations are encouraged to embed CSR into their sustainability strategies to ensure real contributions to environmental conservation and community welfare.
Tanggung Jawab Pejabat Pembuat Akta Atas Keabsahan Akta Peralihan Saham yang Dibuat di Hadapannya Tanpa Persetujuan Semua Ahli Waris Dalam RUPS Ramadhan, Gilang; Lyanthi, Merline Eva
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.15581053

Abstract

A transfer deed made before a notary is a guarantee of rights to shares. There are still many problems with transfer deeds being submitted to the court by the heirs of the share giver when the transfer is carried out without the knowledge of the other heirs. This is detrimental to the rights the heirs should receive. The validity of a conservation deed that is not guided by applicable regulations can result in the conservation deed becoming invalid. This research method is normative using a statutory and regulatory approach and a contextual approach. The results of the research in this study are that a transition is an agreement that must be guided by Article 1320 of the Civil Code regarding the conditions for the validity of an agreement, a transition in the case of not fulfilling all the elements of the agreement including agreement, skills, a certain thing and a lawful cause. This results in the deed of transfer being invalid. People who are no longer competent to carry out legal actions need forgiveness from their biological children and the purpose of all heirs because biological children also have rights to the object of preserving shares. The notary who makes the deed of transfer can be held responsible for his negligence which results in losses for heirs based on Article 1365 of the Civil Code. Responsibilities imposed on maintenance include professional responsibility, civil responsibility and administrative responsibility.
Mediasi Sebagai Alternatif Non-Litigasi Dalam Penyelesaian Sengketa Pemutusan Hubungan Kerja: Kajian Terhadap Kepastian Hukum dan Keadilan Baskoro, Ale Dani; Juliasari, Alya Puspita; Dharma, Dhiva Aurora Pramhesta
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.15758137

Abstract

This research aims to analyze the role of mediation as a non-litigation alternative in the settlement of employment termination disputes and to examine how far mediation can provide legal certainty and justice for the disputing parties. The study employs a normative juridical method with a statutory and case approach. Research instruments include document studies of legislation, Industrial Relations Court decisions, and relevant legal literature. Data analysis was conducted qualitatively, focusing on legal interpretation and the practical implementation of mediation in Indonesia's labor law system. The findings indicate that although mediation offers a fast and efficient solution, challenges such as non-compliance with agreements and limited understanding of the mediation process remain significant obstacles. Nevertheless, mediation remains relevant as a vital instrument for achieving restorative justice and reinforcing legal certainty in industrial relations.
Pengaturan Sistem Manajemen Anti Penyuapan (SMAP) Dalam Pengadilan Tata Usaha Negara Damayanti, Ita; Romdanah, Siti; Rahayu, Nonik; N, Nabilah; Al Hadad, Muhammad; Salam, Nino Alfitra
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.15619031

Abstract

The implementation of the Anti-Bribery Management System (SMAP) based on ISO 37001:2016 in the State Administrative Court (PTUN) is a strategic step by the Supreme Court of the Republic of Indonesia in building a clean, transparent, and integrity-based justice system. The implementation of SMAP has been carried out in a number of PTUNs, such as the Jakarta, Serang, and Manado PTUNs, through the establishment of the Anti-Bribery Compliance Unit (UKAP), the preparation of risk registers, internal training, and the provision of reporting mechanisms such as the Whistleblowing System (WBS) and the SIWAS application. Structural evaluations show compliance with ISO standards, but its substantive effectiveness still faces obstacles, including low reporting of violations, lack of employee understanding, and the lack of internalization of an anti-corruption culture as a whole. This study aims to analyze the regulation of SMAP in PTUN and evaluate its effectiveness as an instrument for preventing corruption in the administrative justice system. The research method used is normative juridical with a statute approach and conceptual approach, supported by literature studies. The results of the study show that the success of SMAP implementation is not only determined by administrative compliance, but also by the internalization of integrity values, the involvement of external audits, and strong leadership support. Therefore, strengthening an anti-bribery culture on an ongoing basis is a prerequisite for building an accountable and publicly trusted judiciary.
Perceraian Akibat Ketidakharmonisan Dalam Rumah Tangga Antara Ry dan Tr Purba, Eugenia Priscilla; Annurillah, Riksya; Mourinho, Nigeel Jose; Zinan, Zalfa
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.15352237

Abstract

The divorce of celebrity Ria Yunita (Ria Ricis) with Teuku Rushariandi has become a public spotlight and reflects the social and emotional dynamics in the lives of celebrity families. This study analyzes the factors that influence the decision to divorce, such as poor communication, differences in values, and external pressure from the entertainment world. Through a qualitative approach in the form of social media analysis, interviews, and related sources, this study focuses on the impact of divorce on Ria Ricis' personal and professional life, as well as the social stigmatization that often accompanies celebrities after divorce. This studi is expected to provide more insight into the influence of social pressure on marital relationships and the challenges faced by celebrities in overcoming household problems.
Tinjauan Kritis Terhadap Efektivitas Penegakan Etika dan Tanggung Jawab Profesi Hukum Amelia, Sabina Putri
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Enforcing ethics and responsibility in the legal profession is a fundamental element in maintaining the legitimacy of the legal system and public trust. This article critically examines how the mechanism of supervision and implementation of disciplinary sanctions against violators of legal professional ethics contributes to increasing the responsibility and integrity of the profession as a whole. Using normative legal research methods, this study analyzes legal norms, codes of ethics, and the role of supervisory institutions such as the Honorary Council, the Judicial Commission, and the Prosecutorial Commission. The findings show that sanctions that are applied consistently and proportionally function not only as a form of punishment, but also as an educational, preventive, and restorative tool. Effective implementation of sanctions can encourage ethical awareness among legal professionals, strengthen internal accountability, and restore public trust. However, this effectiveness is still hampered by factors such as weak institutional independence, procedural uncertainty, and low ethical culture. Therefore, structural reform and continuous ethics education are needed to build a dignified and integrity-based legal profession. 
Analisis Kasus Sengketa Tanah Waris Adat Dalam Putusan Mahkamah Agung No. 29 K/PDT/2004 Rizkitiana, Ratu Amelia; Emiliyanti, Nabilla Lutfiah; Sabrina, Aryuni Fajriah; Hayya, Aisya Anjani Nurul; Tarina, Dwi Desi Yayi
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.15496466

Abstract

This research examines the Supreme Court Decision No. 29 K/Pdt/2004 concerning a land inheritance dispute in Bali, focusing on the application of Balinese customary inheritance law within the national legal framework. The dispute illustrates the complex interplay between customary law and state law, particularly in a society that adheres to a patrilineal kinship system. Employing a normative juridical approach and case study methodology, the research analyzes the Supreme Court's legal considerations in determining the rightful heirs and how customary law is accommodated within the ruling. The findings reveal the Court's recognition of the normative power of customary law and underscore the importance of respecting local values in dispute resolution. This study enhances the understanding of legal pluralism in Indonesia and highlights the significance of integrating customary law into the development of a fair and contextual legal system.