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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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Analisis Perlindungan Hukum Terhadap Korban Kekerasan Oleh Oknum Militer Di Wilayah Sipil Berdasarkan Kasus Penembakan Oleh Anggota TNI di Papua Zahra, Devyta Ardiyaning Azz; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
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.
Implikasi Putusan MK No. 65/Puu-Xxi/2023 Terhadap Prinsip Keadilan Pemilu di Indonesia A, Amelia; Faisal, Adhiya; Rachma, Ayzza; Okhtiara, Farizka
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The reason for this investigation is the decision of the Constitutional Court No. 65/PUU-XXI/2023, which allows general election campaigns in educational institutions as long as they do not use electoral attributes. However, in Law No. 7 of 2023, Article 280(1)(h) emphasizes that general election campaigns in state institutions or educational institutions are not justified. The background of the research relates to the legal considerations contained in Decision No. 65/PUU-XXI/2023 of the Constitutional Court to ensure the principle of electoral justice in Indonesia, as well as the impact of Decision No. 65/PUU-XXI/2023 of the Constitutional Court on the organization of elections in Indonesia based on the principle of electoral justice. The aim of this study is to determine the legal analysis of Constitutional Court Decision No. 65/PUU-XXI/2023 and to examine the impact of Constitutional Court Decision No. 65/PUU-XXI/2023 on the organization of elections in Indonesia based on the principles of electoral justice. This research uses normative legal methods and the method of data collection is in the form of library research. The sources of this research include books, laws and regulations related to this research. The outcome of this research is that the results indicate that the decision has the possibility of eliminating the difference between the world of education and direct political activity. This may undermine the neutrality of ASN and create inequality in access to the polls. There are also concerns that the presence of campaigning in educational institutions will compromise the independence of educational institutions and disrupt the teaching and learning process. Therefore, strict derivative rules are needed to regulate the implementation of this decision and uphold the principle of fairness in elections.
Pendampingan Hukum Oleh Paralegal Sebagai Upaya Peningkatan Akses Keadilan Nugraha, Naufal Satria; Firmansyah, Amelinda Safira; Wijayanti, Zulfa Rena; Wildan, Muhammad; Ramadan, Daud Renata Candra
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15272815

Abstract

This study examines the strategic role of paralegals and legal teams in providing legal assistance to the poor as a manifestation of the principles of the rule of law and social justice. Through a consultative, educational, and mediative approach, paralegals seek to bridge the gap between marginalized communities and the formal legal system. Despite their significant contribution, the legal position of paralegals still faces challenges, especially after the Supreme Court Decision Number 22P/HUM/2018 which limits their authority to non-litigation legal assistance. This limitation creates legal uncertainty and hinders the effectiveness of the assistance provided. This study emphasizes the need for more comprehensive regulations to clarify and strengthen the position of paralegals, including legal protection in carrying out their duties. In addition, increasing capacity through ongoing training and collaboration between the government, legal aid organizations, and legal education institutions is crucial to realizing equal access to justice for all levels of society. Thus, paralegals can carry out their roles effectively and professionally in the Indonesian legal system.
Strategi Pengawasan OJK terhadap Layanan Perbankan Digital dalam Menjamin Kepatuhan Hukum dan Perlindungan Konsumen Syafri, Muhammad Irvan; Abdurrahman, Harits; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The rapid development of information technology has significantly transformed the banking sector, particularly through the digitalization of financial services. The Financial Services Authority (OJK) plays a crucial role in regulating and supervising this sector to ensure the stability of the financial system and consumer protection. While digitalization offers efficiency and broader access, new challenges arise, such as data security risks, technology misuse, and the presence of unregistered digital financial institutions. In this context, OJK functions not only as a regulator but also as a facilitator for safe and sustainable innovation. Through a risk-based approach and the development of a regulatory sandbox, OJK strives to create an inclusive and secure financial ecosystem. This study employs a normative legal method to analyze regulations and best practices in supervising digital financial services in Indonesia. 
Analisis Penghinaan Terhadap Lembaga Peradilan (Contempt of Court) : Studi Kasus Pelanggaran Etik Pengacara Razman Arif Nasution Akbar, Muhamad Dafi; Hayat, Gian Muzakir; Dimitri, Lucia Abrielle; Wildan, Ahmad; Siringoringo, Raymond Erlangga
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The phenomenon of contempt of court has garnered increasing attention in Indonesia’s legal practice, especially when such actions are committed by legal professionals such as advocates. This research is prompted by the case of Razman Arif Nasution, an advocate who allegedly committed contempt of court by making public statements that discredited judges and judicial proceedings. The purpose of this study is to analyze the form of contempt of court committed and examine the existing legal framework regulating and addressing such conduct in Indonesia. This research uses a normative juridical method with a case study approach. The findings indicate that Razman Arif Nasution’s actions violated the Indonesian Advocate Code of Ethics, particularly Article 6 point (c), and may also constitute criminal offenses under Articles 217 and 310 of the Indonesian Penal Code (KUHP). Although the new Criminal Code (Law No. 1 of 2023) begins to regulate contempt of court in a more structured manner, there remains a need for a dedicated and comprehensive law. This study underscores the importance of establishing specific legislation and strengthening the enforcement of professional ethics for advocates.
Implikasi Kepailitan Suatu Perusahaan terhadap Perlindungan Hukum Bagi Investor di Pasar Modal Saputra, Angga
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15540066

Abstract

Abstract: The capital market is an alternative to economic financing that all levels of society have started to touch.  It is important for the government as the highest authority to provide legal certainty and protection in order to protect the interests of its people.  Investing in the capital market in the form of shares is an investment option.  Stock investment is an alternative financing for companies in the country, especially publicly listed companies that have been listed on the capital market, but investing in the capital market in the form of shares, apart from providing profit opportunities, also has risks, among others, the company will go bankrupt.  This paper aims to determine the legal consequences of a public company going bankrupt on capital market investors and legal protection for capital market investors in public company bankruptcy in terms of capital market law.  The bankruptcy of a public company has an impact on the ownership of shares of investors in a public company, that is, it raises the risk of loss in the form of capital loss, which is caused by being locked or cannot be transacted due to the delisting process by the stock exchange.  Legal protection that can be taken by investors in this condition is to take preventive measures through the intermediary of Otoritas Jasa Keuangan  (OJK) as the authority in the capital market 
Implikasi Hukum Internasional dan Nasional dalam Kasus Transfer Minyak Ilegal oleh Kapal Tanker MT Horse dan MT Freya di Perairan Indonesia Sirait, Naomi Margaretha Ghokmaria
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

incident involving the tanker vessels MT Horse and MT Freya is a violation of the right to innocent passage in Indonesia. Indonesia itself is the first and only country that has established Archipelagic Sea Lanes within its archipelagic waters, also known as the Indonesian Archipelagic Sea Lanes (ALKI). The establishment of these sea lanes grants Indonesia specific obligations and authority to enforce laws and regulations that correspond with the application of archipelagic sea lanes as stated by UNCLOS 1982 aimed at facilitating the continuity of foreign ship passage while at the same time protecting the security, safety, and sovereignty of the nation within its waters. In this case, both tankers violated the right of innocent passage and the right of transit passage established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS), as well as Indonesian state laws governing navigation, customs, and marine environmental protection. According to the research findings, the illegal transfer of oil from ship to ship while anchored, unauthorized loading and unloading activities, and disabling of the Automatic Identification System (AIS) by both vessels violate not only UNCLOS 1982 provisions but also national regulations such as Law No. 17 of 2008 on Shipping and Law No. 32 of 2009 on Environmental Protection and Management. Indonesian authorities enforced the law by arresting and prosecuting the culprits, resulting in criminal charges and penalties. This study demonstrates the necessity of international and national law cooperation in preserving sovereignty, maritime security, and protecting Indonesia's marine environment.
Analisis Yuridis Terhadap Putusan yang Berakibat Pailitnya Suatu Perusahaan (Studi Kasus Putusan Pengadilan Negeri Gresik Nomor 1/PDT.SUS-PHI/2022/PN GSK) Amelia, Sabina Putri; Widiastiwi, Alisha Reva; Camilla, Garneta Rizka; 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.15600973

Abstract

Bankruptcy is a legal issue that has a broad impact on companies, creditors, and workers. In the context of civil law, bankruptcy occurs when a debtor is unable to fulfill his debt obligations that have matured and can be collected by creditors. This study focuses on a legal analysis of the Gresik District Court Decision Number 1/Pdt.Sus-PHI/2022/PN Gsk, which stated that PT New Era Rubberindo was bankrupt due to failure to pay workers' wages and holiday allowances (THR) within a certain period. This study uses a normative method with a case approach to evaluate the legal implications of the decision on workers' rights and the effectiveness of bankruptcy regulations in Indonesia. The results of the analysis show that bankruptcy not only has an impact on the sustainability of a company's business but also has significant consequences for the workforce. Based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, workers' rights to salaries and allowances must be a top priority in the bankruptcy resolution process. In practice, the main obstacles that often arise are the slow process of resolving bankruptcy and the lack of clarity in the implementation of regulations that protect workers' rights. Therefore, more effective legal reform is needed to ensure a balance between the interests of creditors and the protection of workers' rights in the bankruptcy system in Indonesia.
Analisis Konflik India-Pakistan di Kashmir dari Perspektif Hukum Internasional: Analisis atas Hak Penentuan Nasib Sendiri dan Kedaulatan Teritorial Karo, Erland Zuhdi Karo; Prakosa, Reza Bintang
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The India-Pakistan conflict over Kashmir, which has peaked again in 2025, is a reflection of historical tensions that have been ongoing since 1947, with issues of self-determination and territorial sovereignty at its core. This research analyzes recent conflict dynamics, including unilateral Indian actions such as the revocation of Jammu and Kashmir's autonomous status, the suspension of the Indus Waters Treaty, and the escalation of military operations into civilian areas, which significantly increase the risk of humanitarian law and human rights violations. In addition, the involvement of non-state armed groups allegedly supported by Pakistan raises serious questions about state responsibility under international law, particularly the doctrine of effective control. This study also highlights the role of third parties such as the United States, China, the United Kingdom and Saudi Arabia that emphasize the global geopolitical dimension of the conflict, and assesses the effectiveness of dispute resolution mechanisms that have been more tactical than substantive. Using a normative juridical and descriptive qualitative approach, this study emphasizes the need to reform international dispute resolution mechanisms and strengthen state accountability within the framework of international law in order to create a comprehensive and sustainable solution to the Kashmir conflict.
Kewenangan OJK Dalam Pengawasan Pasar Uang Syariah dan Surat Berharga Syariah: Tinjauan Hukum Ekonomi Syariah di Indonesia 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.15484213

Abstract

The Financial Services Authority (OJK) plays a strategic role in regulating and supervising the national financial system, including the growing Islamic financial sector in Indonesia. This study aims to analyze OJK's authority in supervising the Islamic money market and Islamic securities from the perspective of Islamic economic law. Using a normative juridical method, this research examines the legal framework underpinning OJK's role, such as Law Number 21 of 2011 concerning OJK, along with implementing regulations related to Islamic financial instruments. The findings show that OJK holds broad authority in overseeing the Islamic money market and Islamic securities, including licensing, regulation, and enforcement of compliance with sharia principles. However, challenges remain in harmonizing OJK regulations with the fatwas of the National Sharia Council (DSN-MUI), as well as improving financial literacy and supervision in the Islamic fintech sector. This study recommends strengthening inter-agency coordination and aligning positive law with the principles of fiqh muamalah as strategic steps to promote a healthy and sustainable Islamic financial system.

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