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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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Harmonisasi Hukum Internasional dan Praktik Negara Dalam Sengketa Batas Laut : Studi Kasus Indonesia dan Malaysia Kayla, Syafa Ananda
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.15716283

Abstract

The issue of maritime boundaries between countries is a complex issue in international law, which requires harmony between international legal norms and practices applied by countries. This study analyzes the application of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 in resolving maritime boundary conflicts between Indonesia and Malaysia. Using a normative legal approach, case studies, and comparative analysis, this study identifies obstacles to the implementation of international law at the national level and examines the conflict resolution mechanisms that have been used by both countries. The findings indicate that the bilateral negotiation approach remains the dominant strategy, although third-party participation and international arbitration options have their own relevance. This study offers policy recommendations that encourage sustainable peaceful resolution within the framework of international law.
Dampak Korupsi Sektor Pertambangan Terhadap Kerusakan Lingkungan dan Hak Asasi Masyarakat Lokal Sarah, Keisha Alea; Roulina, Elisabeth Julietha; Kamila, Fildza Nazhifah; Ariefandi, Nayna Carissa Putri; Gunawan, Clarissa; Mediana, Saskia; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

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Eksistensi Hukum Militer dalam Menjamin Profesionalisme Tentara Nasional Indonesia Sianturi, Catherine Rosalina; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Military law is an important part of the national legal system that serves to ensure the professionalism of the Indonesian National Army through discipline, ethics, and distinctive internal law enforcement. The military legal system is regulated by Law No. 31/1997 on Military Justice to meet the different needs of military organizations and civil society, especially with regard to discipline enforcement, hierarchy, and preparedness. However, in its implementation, there are various challenges such as overlapping jurisdictions with the general courts, lack of transparency, and a military culture that opposes democratic principles. There is a need to formulate solutions to the existing structural and normative barriers. Military law reform is needed so that the system can be aligned with human rights and the rule of law, and so that Indonesian National Army remains neutral and integrity as a professional national defense tool
Urgensi Penerapan Insolvency Test Sebagai Bentuk Reformasi Hukum Kepailitan di Indonesia: Studi Perbandingan Dengan Amerika Serikat Amina, Frahnaz
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.15668962

Abstract

Indonesia’s bankruptcy legal system remains formalistic, where Article 2 paragraph (1) of Law No. 37 of 2004 only requires two creditors and one due debt without examining the debtor’s financial capacity. This opens the door for abuse by bad-faith creditors and creates injustice for solvent debtors. This study examines the effectiveness of applying the insolvency test to prevent misuse of bankruptcy petitions and its urgency as a substantive requirement in Indonesia’s bankruptcy law reform. The method used is normative juridical research with statutory and comparative approaches. The study finds that the insolvency test, as adopted in the U.S. legal system under Chapter 11 of the U.S. Bankruptcy Code, ensures fair protection for both creditors and debtors. The conclusion emphasizes the necessity of explicitly regulating the insolvency test in Indonesia’s Bankruptcy Law. It is recommended that the Government, Supreme Court, and Financial Services Authority (OJK) take steps to harmonize regulations to enhance legal certainty, justice, and economic stability
Wanprestasi Dalam Perjanjian Kredit Transaksi Pinjaman Online Pay Later Pada Aplikasi Shopee A, Amelia; Delyananda, Zahrah Rani’ah; Tanjung, Salsas Bila Juniyanti; Faisal, Adhiya; 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.15524219

Abstract

The purpose of this paper is to examine and find out what form of default in online credit agreements with the pay later method on the Shopee application and also to find out the efforts to resolve default disputes by Shopee Pay Later users in online credit agreements on the Shopee application. The research method used in this study is normative research with a case study method, which is an in-depth qualitative research method about a case or phenomenon. The results of the study show that the mechanism for using the Shopee Pay Later feature is very easy and simple because users only need to carry out the activation process through the Shopee application. Shopee does not use litigation or non-litigation processes to resolve this problem, users of the Shopee Pay Later feature will not experience legal consequences if they default. In this case, Shopee can freeze the user's account, reduce the user's Shopee Pay Later limit, record late payments on the OJK Financial Information Services System (SLIK), and take other legal actions
Pencurian dan Watak Kriminal Dalam Perspektif Psikologi Kriminal Kinanti, Safira Putri; Levia, Nazwa Alva; Puspita, Vani; Hilmi, Adikana Rusyda; Hermita, Zaky Eka; Supriyadi, Tugimin
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Theft and Criminal Personality in the Perspective of Criminal Psychology discusses the phenomenon of theft as one of the most common and widespread crimes in Indonesian society, both directly affecting victims and indirectly impacting the social environment. Through a literature review approach, this journal highlights that theft is not merely an illegal act but also a manifestation of complex psychological conditions in the perpetrator, influenced by the interaction between internal factors such as personality, cognitive distortions, harmful childhood experiences, and external factors such as economic conditions, social environment, peer pressure, and culture. In addition to examining the driving factors and negative impacts of theft, this journal emphasizes the importance of understanding the characteristics of perpetrators from a criminal psychology perspective to support prevention, rehabilitation, and law enforcement efforts, thereby aiming to reduce crime rates and enhance community safety.
Investasi Emas di Pegadaian Syariah Berdasarkan Persepektif Hukum Ekonomi Syariah Aini, Ailia Nur; B, Baidhowi
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.15592393

Abstract

Gold investment is one form of investment that is in demand society because of the stability of its value and its nature as a protected asset mark. From the perspective of sharia economic law, investing in gold is a must fulfill Islamic principles, such as avoiding usury, gharar, and maysir. Sharia Pegadaian offers gold investment services in accordance with sharia through Murabahah and Ijarah schemes Muntahiyah Bittamlik, which provides certainty of ownership without elements of exploitation. This study aims to analyze gold investment mechanism at Sharia Pegadaian and its suitability with sharia economic law. With qualitative descriptive methods,This research reveals that gold investment in Pegadaian Sharia has a more inclusive, transparent and safe system compared to conventional investments. However, challenges such as fluctuations in gold prices remain a necessary factor noticed by investors. Therefore, understanding that in depth regarding sharia economic principles and investment strategies. The right approach is the key to success in sharia gold investment.
Perlindungan Hukum Masyarakat dari Dampak Negatif Penggunaan AI Maharani, Bondan Ayu; Rahajeng, Hasnaa Amelia; T, Triana; Arianti, Zahra Dwi
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.15783168

Abstract

the development of artificial intelligence (AI) has made a major contribution to various fields of life, from health, education, to industry. However, this progress also has negative impacts, especially if used unwisely. This study aims to examine legal protection for the public from the negative impacts of the use of AI, especially related to copyright infringement, plagiarism, and misuse of deepfake technology that can be detrimental both personally and socially. Using normative legal research methods and a literature study approach, the results of the study show that although AI provides many benefits, there are significant legal risks, including violations of privacy, intellectual property rights, and defamation. Therefore, comprehensive regulations and awareness of the public and technology developers are needed so that AI is used ethically and responsibly. Strong legal protection must be balanced with an approach that upholds human dignity and human value. 
Tinjauan Yuridis Pemanfaatan Media Sosial sebagai sarana Promosi Online oleh Notaris sebagai Pelanggaran Kode Etik Ramadhandiko, Difqa Alvi; 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.15639227

Abstract

The phenomenon of the rapid development of social media has an impact on the notary profession as a public official. Notaries often use digital platforms such as Instagram to include their names and positions, which is categorized as covert promotion. In fact, based on the Notary Position Law and the Notary Code of Ethics, acts of self-promotion are prohibited because they can degrade the dignity of the profession. This research uses normative juridical method and case approach to examine the prohibition of promotion and the sanctions that can be imposed. The results show that supervision of ethical violations in the digital space has not been optimal, and existing sanctions have not provided a deterrent effect. Therefore, it is necessary to strengthen the supervision system and enforcement of sanctions to maintain the integrity of notaries. This research is expected to contribute to the renewal of notary professional ethics in the digital era.
Runtuhnya Pilar Demokrasi Akibatkan Politik Dinasti: Menelisik Jejak Hitam Nepotisme Anwar Usman Devi, Murtanti Fajarrani; Putri, Salsabila Restia; Syahir, Fabhian Halky; Raharjo, Angga Sandhika; Asmara, Daffi Allegra; Latri, Akhdan Adityo; Delyananda, Zahrah Rani’ah; 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.15483861

Abstract

The phenomenon of dynastic politics in Indonesia has become a major highlight in contemporary democratic discourse, especially when the involvement of families of public officials extends into the realm of judicial power. One case that has generated great controversy is the Constitutional Court Decision Number 90/PUU-XXI/2023, which paved the way for Gibran Rakabuming Raka the son of President Joko Widodo to run in a national political contest. The decision was colored by a conflict of interest following the involvement of the Chief Justice of the Constitutional Court, Anwar Usman, who has a direct kinship with the party benefiting from the decision. This situation raises serious questions about the integrity of the judiciary, the neutrality of judges, and the effectiveness of the legal profession's code of ethics in safeguarding democratic principles and the rule of law. Using a normative juridical approach and a case approach, this analysis focuses on relevant legislation and court decisions, to unravel the extent to which Indonesia's legal mechanisms are able to prevent and crack down on the practice of nepotism in constitutional institutions. Violation of the principle of nemo judex in causa sua (not to hear cases involving personal interests) is the main highlight in seeing the fragility of the pillars of democracy due to the dominance of family interests and patronage politics. In this context, strengthening the code of ethics, the role of the Honorary Council of the Constitutional Court, and revitalizing the basic principles of justice such as independence, impartiality and accountability are absolute prerequisites in maintaining public confidence in the constitutional justice system in Indonesia.

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