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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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Perlindungan Hukum Bagi Karyawan Giant Supermarket Sebagai Korban Pemutusan Hubungan Kerja Tambunan, Joy Catherine Carina; Wahdah, Azzhara Nikita; A, Annisa; Prawira, Rio Nusa
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.11399390

Abstract

Legal protection for employees affected by layoffs is important. Termination of employment has a big impact on employee welfare, especially for those who work in large companies like Giant. In this research, there is a formulation of the problem that will be discussed, namely (1) The concept of legal protection for employees who experience termination of employment (PHK) by the company when viewed from the case of layoffs of Giant Supermarket employees; (2) The form of settlement provided by law and its implementation in the case. The aim of this research is to find out the concept of legal protection for employees affected by layoffs and what the form of resolution is in law and implementation in related cases. This research uses a normative method that is guided by legal norms, legal principles, and positive Indonesian law relating to employment law. From this research, the results obtained are (1) This labor law can create regulations that force employers to comply and are obliged to guarantee the welfare of their workers. Regulations regarding layoffs can be found in the twelfth chapter of the Employment Law in Articles 150 to 172, totaling 18 articles. Meanwhile, in Part Five of the Job Creation PERPU, provisions regarding termination of employment are regulated in Articles 151, 151A, 153, 154A, 156, 157, 157A, and 160; (2) Based on Article 151 paragraph (2) Legal protection, namely legal protection that is preventative (preventive) and law enforcement (repressive). Employers are obliged to inform workers/labor unions of their intentions and reasons for layoffs before they are carried out.
Perlindungan Hukum Dalam Kejahatan Perdagangan Manusia Sebagai Kejahatan Lintas Negara Ilmih, Andi Aina; Yanti, Luvita Yuli
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.12732114

Abstract

Perdagangan manusia merupakan masalah yang sangat serius di Indonesia, meskipun negara ini telah mengadopsi dan mengatur rencana aksi nasional dan membentuk satuan tugas untuk menghentikan kejahatan ini. Fenomena perdagangan manusia telah menjadi fakta sosial seiring dengan krisis ekonomi dan bencana alam. Rendahnya pendidikan, terbatasnya kesempatan kerja, ketidakpedulian dan perilaku harmonis dalam keluarga menjadi beberapa faktor yang memicu terjadinya perdagangan manusia. Karena perdagangan manusia melibatkan jaringan kriminal internasional, partisipasi sistematis semua kelompok kepentingan danpenguatan jaringan tersebut penting untuk pencegahan dan penghapusannya. Jaminan perlindungan hukum terhadap korban kejahatan perdagangan orang, khususnya restitusi, diatur dalam Pasal 48-50 Undang-Undang Nomor 21 Tahun 2007, yang juga diatur dalam Pasal 35 Undang-Undang Pengadilan Hak Asasi Manusia Nomor 21 Tahun 2007 dan 26 Tahun 2000. mengatur tentang perlindungan hak asasi manusia dan kesejahteraan manusia. Menurut Undang Undang Hak Asasi Manusia tahun 1999, sebagaimana tercantum dalam Pasal 1, Hak Asasi Manusia (HAM) adalah seperangkat hak yang berkaitan dengan hakikat dan keberadaan manusia yang diciptakan oleh Tuhan dan merupakan anugerah-Nya yang harus dihormati yang dilindungi dan dipertahankan oleh negara, hukum, pemerintah dan setiap orang untuk melindungi kehormatan dan martabat manusia. 
Implikasi Hukum Pendewasaan Anak yang Melakukan Perkawinan di Bawah Umur dalam Perjanjian Perkawinan Aristias, Adinda; Fadilla, Dea Aora; Wibowo, Hanifah Fairuz; Manullang, Imelda Arthameisia; Putri, Nasywa Awalia; Ramadhani, Dwi Aryanti
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.11641115

Abstract

Underage marriage is a phenomenon that still occurs frequently in various countries, including Indonesia, even though there are regulations that regulate the minimum age limit for marriage. This article aims to analyze the legal implications of maturing children who marry underage, especially in the context of marriage agreements. The Marriage Law has stipulated the age limit for marriage (material requirements), one of which is the provisions regarding the minimum age limit which are regulated in Article 14 paragraph (2) of Law Number 1 of 1974. Maturity status is related to the validity of a legal act. Immature legal subjects are seen as legal subjects who are not yet capable of acting for and for themselves before the law. The research method used is a normative juridical approach with analysis of statutory regulations, legal doctrine and relevant concrete cases. The research results show that children who marry underage have limited legal capacity to make legal and binding marriage agreements. Children's immaturity causes vulnerability in understanding and bearing the legal consequences of the agreements made. In addition, marriage agreements involving minors often do not meet the requirements for the validity of a contract under civil law, which means the agreement can be considered null and void. In the case of making a marriage agreement before a notary, especially before a minor is married, it is necessary to guarantee the recognition of the child's maturity status.
Implikasi Hukum dari Tindak Kejahatan Anak di Bawah Umur: Analisis Kasus Bullying di Pondok Pesantren Al-Hanafiyah Kediri Sachmaso, Hana Humaira; Harsanti, Khairunnisa Putri; Izzati, Aulia Putri; Fawwaz, Razky; 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.11849919

Abstract

Bullying is defined as the abuse of power by an individual or group against a weaker party, which causes physical, psychological or social suffering to the victim. Based on Law Number 35 of 2014, bullying against children is a criminal act with heavy legal sanctions. A case study of students in Kediri who died as a result of abuse at the Islamic boarding school shows the serious impact of bullying. This research uses normative juridical methods to analyze regulations and legal protection for victims of bullying, as well as legal implications for perpetrators who are still minors. The findings show that lack of supervision and wrong parenting patterns contribute to the high number of bullying cases in Islamic boarding schools. To prevent similar incidents, a restorative justice approach and collaboration between the government, schools and the community is needed to protect children from violence.
Perbandingan Kebijakan Cuti Paternitas Perwujudan Kesetaraan Dalam Lingkup Ketenagakerjaan Antara Indonesia Dengan Singapura dan Filipina Puspitarini, Nabilah
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.12310105

Abstract

Gender equality is a frequently raised issue in important discussions or meetings of policymakers. This is because gender equality is related to various aspects, especially in the field of employment. In general, countries in the Asian continent still uphold a patriarchal culture. This has an impact on the employment aspects in each country. Therefore, this study will examine the comparison of paternity leave policies in several Asian countries using a qualitative research method. Based on the analysis and assessment that has been carried out, the comparison of paternity leave policies between Indonesia, the Philippines, and Singapore states that among these two countries, Indonesia still does not have specific legal regulations regarding paternity leave. Indonesia also still needs to add the duration of paternity leave not only limited to 2 to 5 days compared to the other two countries. In addition, patriarchal culture and different leave policies for civil servants and private employees hinder the implementation of equal paternity leave policies.
PHK Secara Sepihak Terhadap Karyawan Pabrik Ban Goodyear Bogor Ditinjau dari UU Ketenagakerjaan Hibatullah, Abdurrafi; Tambunan, Daniel; Hadhani, Muhammad Gading Bintang; Rasyad, Pasha Athallah
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.11364002

Abstract

Employment law in Indonesia is very important to ensure that citizens can obtain jobs as well as recognized rights and obligations. The employment relationship resembles a binding agreement between the employer and the worker, in which there are balanced rights and responsibilities. This is regulated by various parties, including employers, the government, wage boards, and labor unions. However, there are problems in the labor sector in Indonesia, one of which is unilateral termination of employment (PHK) by companies. One example of unilateral termination of employment in Indonesia is the case of the unilateral dismissal of 44 employees at the Goodyear tire factory. The author uses a normative juridical method. Primary legal sources are taken from Law No. 13 of 2003 concerning Manpower, while secondary legal sources are obtained through a review of legal literature related to labor, journals, and the internet. This study aims to understand labor issues in Indonesia, namely unilateral termination of employment by companies. The results of the study indicate that the implementation of termination by the company towards the employees of the Goodyear tire factory should comply with Law No. 13 of 2003 concerning Manpower. The company must also be responsible to the employees by paying severity pay, service appreciation money, and compensation for rights that should be received.
Pelindungan Hukum Hak Cipta terhadap Lagu Halo-Halo Bandung yang Diubah Menjadi Hello Kuala Lumpur Zahra, Salya Afina Aulia; Mayana, Ranti Fauza; Permata, Rika Ratna
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.1262729

Abstract

The development of information and communication technology has caused world relations to become borderless. This can be seen on the creation of a song that can easily be transformed into a new song and uploaded on a digital platform without the permission of the Copyright Holder of the changed song, as well as the legal acts committed by foreign nationals outside the territory of Indonesia, such as one of the cases that the author researched, involving the national song Halo-Halo Bandung, which allegedly was transformed into a song titled Hello Kuala Lumpur without permission and uploaded on a Malaysian YouTube account named Lagu Kanak TV. The purpose of this research is to determine and analyze the legal provisions that can be imposed on the Hello Kuala Lumpur song maker or the owner of the Lagu Kanak TV YouTube account and also to find out the legal actions that can be taken by the Heirs of the Creator and the Copyright Holder of the song Halo-Halo Bandung and the Indonesian Government. The research method used in this research is normative juridical, which is legal research that bases its study on legal regulations. There is an examination of legal documents related to this research topic. The data collection technique used is a literature study by reviewing the relevant literature and legal regulations. Based on the results of the research, it is known that the act of changing the song Halo-Halo Bandung into Hello Kuala Lumpur by Lagu Kanak TV and its broadcast through YouTube without permission is a form of Copyright infringement on moral rights and economic rights. Dispute resolution through negotiation is recommended for both parties because negotiation is an effective way of resolving disputes and has several advantages.
Urgensi Hak Cuti Wanita Saat Hamil Berdasarkan Hukum Perburuhan Aulia, Meidina; Ghufriani, Delina Rinasari; Ladjar, Lidwina Tuto; Sigiro, Talenta Ribka; S, Satino
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.11582381

Abstract

This study examines the urgency of maternity leave rights for female workers based on labor law in Indonesia. According to Article 27 paragraph 2 of the 1945 Constitution of the Republic of Indonesia and Law Number 13 of 2003 concerning Manpower, the state is obliged to provide decent employment opportunities and protect workers' rights, including maternity leave rights for female workers. Although maternity leave rights are clearly stipulated in the law, many companies in Indonesia still neglect or improperly implement these rights, leading to health risks for mothers and children and causing gender discrimination in the workplace. This study employs normative legal methods with a statutory and case approach to analyze how maternity leave rights are implemented and to identify the common issues faced by female workers concerning these rights. The findings indicate that although most companies have adopted maternity leave policies, violations and non-compliance with regulations persist, leading to health and welfare risks for mothers and infants. The protection of maternity leave rights is an integral part of efforts to achieve gender equality and justice in the workplace. Effective implementation of these rights will not only enhance the welfare of female workers and their children but also positively impact employee productivity and morale, as well as overall company development. This study also presents policy recommendations to improve protection and understanding of maternity leave rights to achieve gender equality and justice in the workplace.
Kontroversi Pelecehan Seksual Dalam Bentuk Merangkul Lawan Jenis Fachri, Amanda Maharani; Az-Zahra, Fatimah; Azzahra, Khalita Putri; Dafa, M Naufal Abiyi; Najma, Siti Najla Nur; Yuli, Yuliana
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.12189687

Abstract

Sexual harassment is a serious issue that often causes controversy in various circles of society. One form of sexual harassment that is often discussed is the act of embracing someone of the opposite sex without consent. This research aims to examine the controversy surrounding the act of embracing the opposite sex in the context of sexual harassment. The methods used include literature reviews, case analysis. The research results show that the act of embracing someone of the opposite sex without consent may be considered sexual harassment depending on the local context and culture. Factors such as the perpetrator's intentions, the victim's reaction, and the social environment also influence the perception of the act. This study also reveals that there is an urgent need to increase awareness of physical boundaries and the importance of consent in interactions between individuals. In conclusion, a deeper understanding of the social and cultural context, as well as effective education, are essential to preventing sexual harassment in any form.
Penegakan Hukum Terhadap Kebakaran Hutan Guna Mengurangi Permasalahan Lingkungan Hidup di Indonesia Susiyanti, Anissa; Emilia, Setyani Hilda; Kamal, Ubaidillah
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.11262301

Abstract

The environment is a gift from God Almighty that we must take care of and preserve. The environment as a resource is an asset that can be needed for the welfare of society. But the problem of pollution and environmental damage in Indonesia is increasing day by day. Like the occurrence of forest fires, where forests are the lungs of the world. Forest fires can be caused by both natural factors and Human Factors. Forest fires also have an impact on all aspects of life, which causes pollution pollution that can have an impact on all living things. Therefore, there is a need for participation from the government and the community to deal with the problem of forest fires. This study aims to determine the law enforcement in Indonesia against forest fires that occur in Indonesia. This study uses descriptive qualitative research methods. This study discusses the effectiveness of law enforcement in handling forest fires in Indonesia and how efforts can be made to prevent forest fires in order to reduce environmental problems in Indonesia.

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