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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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Dinamika Persaingan Usaha Tidak Sehat Dalam Industri Minyak Goreng: Studi Kasus Putusan KPPU No. 15/KPPU-I/2022 Rahman, Naila Kamila; Elvira, Olga; Santika, Syahirah Rafah; 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

Cartel practices are one of the business competition issues that disturb the public and can harm both producers and consumers because these practices fall under trade monopoly or unfair business competition. The Business Competition Supervisory Commission (KPPU) plays a role in enforcing the rules contained in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. This research is normative in nature, focusing on how regulations and law enforcement address cartel practices in Indonesia through a statutory approach and a case approach.
Perlindungan Hukum Bagi Pengguna Layanan Internet Banking Menurut Undang-Undang No. 8 Tahun 1999 Tentang Perlindungan Konsumen 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.15564142

Abstract

The development of information technology has driven the transformation of banking services through internet banking which provides easy access and transaction efficiency for customers. However, this progress also increases the risks faced by customers, especially related to unclear agreements, unilateral changes in provisions, and the use of detrimental standard clauses. This study aims to analyze legal protection for users of internet banking services according to Law No. 8 of 1999 concerning Consumer Protection. The method used is empirical legal research with a positive law approach and field data collection. The results of the study indicate that although there are no specific regulations that explicitly regulate internet banking, legal protection for customers can still be implemented through the interpretation of the Consumer Protection Law and other related regulations. This law provides a strong legal basis to protect customer rights from unilateral practices and imbalances in credit agreements. However, the implementation of this legal protection still faces challenges, especially related to customer legal awareness and legal certainty. Therefore, strengthening regulations and legal education are needed to improve protection for users of internet banking services in Indonesia.
Perlindungan Hukum Bagi Pengungsi Rohingya Terhadap Hak Atas Suaka di Indonesia Mutthu, Zamirah Zahra; Afifah, Wiwik
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The conflict involving the Rohingya ethnic group in Myanmar is a longstanding and complex issue, rooted in discrimination against their citizenship status and prolonged interethnic tensions. The enforcement of Myanmar’s 1982 Citizenship Law has led to the Rohingya losing official recognition as citizens, along with their fundamental rights. The Myanmar government regards them as illegal immigrants from Bangladesh, despite historical evidence indicating that the Rohingya have resided in the Arakan (now Rakhine) region long before the country's independence. This discrimination has been further exacerbated by the Burmanization policy implemented by the military regime, which restricts the Rohingya's rights in various aspects of life, such as education, employment, freedom of movement, land ownership, and family planning. The escalation of conflict in 2012 triggered a mass exodus to several countries, including Indonesia. Although Indonesia is not a party to the 1951 Refugee Convention, the country has shown humanitarian concern by providing temporary shelter for Rohingya refugees. Nevertheless, this reception has not always proceeded smoothly due to resistance from local communities, particularly in Aceh, influenced by past experiences and the spread of misinformation. This issue underscores the importance of international cooperation and a deeper understanding of refugee protection principles in order to uphold humanitarian values and maintain regional stability.
Kepailitan Akibat Cidera Janji Dalam PKPU : Studi Kasus PT Njonja Meneer Dalam Putusan Nomor 1397 K/Pdt.Sus-Pailit/2017 Syah, Aurellia Zerikha
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Postponement of Debt Payment Obligations (PKPU) is a legal mechanism that allows debtors to restructure their debts through a peace agreement (composition) with creditors. However, when the debtor fails to perform the obligations stipulated in the agreement, such failure may be classified as a breach of contract (wanprestasi) and serve as a valid legal basis for creditors to file a bankruptcy petition. This study aims to analyze the legal provisions concerning the annulment of a composition agreement in PKPU and to examine the actions of PT Njonja Meneer that were deemed a breach of contract in the implementation of such agreement. The research adopts a normative juridical method with a statutory and case study approach, based on the Supreme Court Decision Number 1397 K/Pdt.Sus-Pailit/2017. The findings indicate that PT Njonja Meneer’s failure to substantially fulfill its payment obligations constituted a material breach of the court-approved agreement, thereby justifying the creditor’s petition for bankruptcy. The Supreme Court ruling reinforces that the execution of a peace agreement must be carried out in good faith, as failure to do so may result in the revocation of the agreement and a declaration of bankruptcy against the debtor.
Peranan Advokat sebagai Pemberi Bantuan Hukum dalam Menentukan Strategi Penyelesaian Perkara Sasra, Adelia Dara; Kharismawati, Alfaning Martina; Hibahtillah, Muhammad Alldo; Ritiau, Ester Joytry; Sumardiana, Benny; Abidah, Shofriya Qonitatin
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Factors influencing the effectiveness of advocates’ role as legal aid providers in determining case resolution strategies. Advocates play a crucial role in the legal system, particularly in providing appropriate legal assistance and solutions for clients. However, their effectiveness is influenced by various factors, such as the advocate’s competence, understanding of the case, access to legal resources, and the dynamics of relationships with clients and law enforcement officials. Through a qualitative approach, this study identifies these factors and their implications for case resolution strategies. The research findings are expected to provide recommendations for improving the quality of legal aid in Indonesia.
Aspek Hukum Penggunaan Force Intercept Dalam Insiden Udara Militer (Studi Kasus Respons F-16 TNI AU terhadap Pesawat F-18 US Navy di Bawean) Tambunan, Daniel
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Aircraft interception is an action taken by a country's military aircraft to identify and escort foreign aircraft that enter its airspace without permission, in accordance with the provisions of the 1944 Chicago Convention and Law No. 1/2009 on Aviation. This article discusses the regulations related to interception and the actions taken by the Indonesian Air Force (TNI AU) in handling airspace violations over Bawean Island by the United States' F-18 aircraft. The discussion in this article emphasizes that interception functions as a law enforcement measure against airspace violations, with procedures that must comply with the provisions in Annex 2 of the Chicago Convention. The Bawean tragedy serves as a concrete example of the application of interception in Indonesia, highlighting the importance of airspace surveillance to safeguard the security and sovereignty of the nation
Pelanggaran Etik Profesi Advokat Pada Tindak Premanisme di Persidangan Dalam Perspektif Hukum dan Etika Profesi Azahra, Musdalifah; Lewoleba, Kayus Kayowuan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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This study aims to analyze the legal and professional ethics perspectives on acts of thuggery committed by advocates in court and efforts to enforce the code of ethics of the profession to prevent and handle violations of ethical discipline. The research method used is normative juridical with a qualitative approach, through doctrinal studies of laws and regulations, advocate codes of ethics, court decisions, and related literature such as books, journals, and legal articles. This study also analyzes real case examples, namely ethical violations committed by the Razman Arif Nasution advocate team in a feud with Hotman Paris Hutapea at the North Jakarta District Court, which involved acts of thuggery in court. The results of the study indicate that violations of advocate ethics, including acts of thuggery in court, not only damage the integrity of the legal profession but also disrupt the justice system and public trust. Enforcement of the advocate code of ethics plays a crucial role in maintaining the dignity of the profession as (officium nobile). Cases such as the violation committed by Firdaus Oiwobo prove that without supervision and strict sanctions, the advocate profession can lose its authority. Therefore, every violation must be followed up through the mechanism regulated in the Indonesian Advocate Code of Ethics, which allows the public, clients, colleagues, and professional institutions to report violations in writing.
Keadilan Bagi Investor Dalam Penerapan Skema Gross Split Pada Bidang Usaha Hulu Minyak aan Gas Bumi di Indonesia Saputra, Angga
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.15539897

Abstract

In the presence of problems in the PSC (production sharing contract) cost recovery contract system, the government designed a new scheme, the Gross Split PSC. the purpose of this paper is that the author knows how justice for investors in applying the gross split scheme in the upstream oil and gas business in Indonesia. This scheme is designed to improve the efficiency and effectiveness of oil and gas production sharing schemes. Where by implementing this scheme it is hoped that the contractor can invest more efficiently in Indonesia, and this scheme provides greater flexibility and challenges for the contractor. So that if a contractor can invest more efficiently in Indonesia, the benefits will also be greater. PSC gross split scheme with a model that has never existed in the world was created through Minister of Energy and Mineral Resources Regulation No. 8 of 2017 concerning Gross Split Production Sharing Contracts. Unlike cost recovery PSC, the split between the Government and the contractor on the split PSC is fixed at the outset. Gross revenue is shared directly between the Government and the contractor. This PSC is also very fair for the Government and contractors. Split contractors can increase, also decrease, according to the specificity of the oil and gas fields to be managed.
Perspektif Hukum Humaniter Internasional terhadap Penggunaan Autonomous Weapon System (Drone Kamikaze Shahed-136) dalam Konflik Rusia-Ukraina Silaen, Angeline Christy; Salwa, Rachel Amanda
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This article provides a critical analysis of the deployment of the Shahed-136 autonomous kamikaze drone within the context of International Humanitarian Law (IHL) amid the Russia-Ukraine conflict. It scrutinizes fundamental IHL principles—including distinction, proportionality, and the prohibition of superfluous suffering—in relation to the drone’s operational capabilities and documented impact. By examining verified incidents of civilian casualties and damage to civilian infrastructure, the study raises pressing concerns about compliance with established legal norms. Furthermore, it explores the complex legal and ethical dilemmas posed by autonomous targeting systems and the diminished role of human oversight. The article also delves into issues of accountability and the formidable challenges in enforcing international legal frameworks against autonomous weapon systems. Ultimately, it underscores the urgent necessity for enhanced international regulatory mechanisms and robust oversight to address the humanitarian risks inherent in the evolving landscape of autonomous warfare. 
Tindakan Wanprestasi Penyalahgunaan Keadaan oleh Developer Rumah pada Perjanjian Pengikatan Jual Beli: Studi Kasus Perkara No. 507/PDT/2017/PT.BDG Adfari, Tsabitah Rahmah; Putri, Cinta Aisyah; Wicaksana, Dika Hikmah; Podungge, Khalisyah Amara; 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.15600671

Abstract

The Sale and Purchase Binding Agreement (PPJB) is a common instrument in property transactions in Indonesia, but is vulnerable to disputes, including acts of default and abuse of circumstances (misbruik van omstandigheden) by the developer. This normative legal research aims to analyse the forms of abuse of circumstances committed by developers in PPJB and the legal remedies that can be taken by aggrieved buyers. Using statutory, conceptual, and case study approaches (Decision No. 507/PDT/2017/PT.BDG), this research examines how developers can exploit their dominant position. The analysis shows that the developer's actions such as repeatedly delaying the handover of the unit despite the full payment, as well as filing a counterclaim against the buyer to avoid liability, can be categorised as an abuse of circumstances. These practices, which often take advantage of the imbalance of bargaining power, violate the principle of good faith and cause harm to consumers. Although not explicitly regulated in the Civil Code, this doctrine is relevant. The main remedy for buyers is through tort actions, demanding fulfilment of the agreement, compensation, or cancellation of the contract, where the argument of abuse of circumstances can strengthen the buyer's position in seeking justice.

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