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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 Yuridis Pidana Dalam Kasus Demonstrasi yang Berujung Pada Kerusuhan: Studi Tentang Implementasi Pasal 170 KUHP dan Implikasinya Terhadap Kebebasan Berbicara di Indonesia Lufty, Arya Fajar; Panjaitan, Junifer Dame
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.16900555

Abstract

Democracy is a form of government in which power rests with the people. Freedom of speech and assembly are the fundamental foundations of a democratic state. In Indonesia, these rights are guaranteed by the constitution. However, in practice, demonstrations, which embody these freedoms, often end in violence and riots. Law enforcement responds by enforcing Article 170 of the Criminal Code against demonstrators deemed to be engaging in violence. This conflict between rights and public order creates a complex and compelling dilemma to analyze. This research employs a normative approach and case studies. It finds that the application of Article 170 of the Criminal Code must be selective and proportional to avoid violations of human rights and the principles of the rule of law.
Analisis Mendalam Perilaku Menyimpang White‑Collar Crime (Studi Kasus melalui Lensa Teori Convenience) Rumahorbo, Liberti; Yusuf, Hudi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

White-collar crime is a form of nonviolent crime committed by individuals or groups with high social status, usually within a corporate or bureaucratic environment. These crimes are often difficult to detect and receive legal handling disproportionate to their harmful impact. This journal analyzes the phenomenon of white-collar crime through the convenience theory approach developed by Petter Gottschalk. This theory explains that white-collar crime arises from a combination between the motive, opportunity, and will of the perpetrator. The study used qualitative methods with literature study to analyze the causal factors and mechanisms of white-collar crime, as well as analyze some relevant case studies. The results of the analysis indicate that these crimes thrive in permissive systems, weak oversight, as well as organizational cultures that prioritize results without regard for integrity. Prevention strategies need to be thoroughly implemented through strengthening internal control systems, ethics education, legal reform, and building a transparent organizational culture. By understanding the roots of the problem through a theoretical lens, it is hoped that the tackling of white-collar crime can be more effective and equitable.
Tinjauan Putusan Pengadilan terhadap Tindak Pidana Orang Tua Penganiaya Anak Tiri hingga Tewas (Studi Kasus di Medan) Saribu, Marcella Camelia Putri Dolok; Yusuf, Hudi
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.16875964

Abstract

A case of abuse that resulted in the death of a stepchild in Medan involved stepparents who were sentenced to various punishments. This tragic incident occurred when the stepchild became a victim of physical violence by her stepmother and biological father. As a result of the ongoing abuse, the child suffered severe injuries that led to her death. During the trial, the court decided on varying sentences for both perpetrators, with the stepmother receiving a heavier sentence due to her dominant role in the violence, while the biological father was sentenced to a lighter sentence. This case raises the issue of domestic violence, especially against children, and the importance of protecting children from domestic violence. This legal decision is expected to provide a deterrent effect and increase public awareness of the importance of supervision and protection of children.
Praktik Pungutan Liar (Pungli) di Lingkungan Masyarakat Goa, Marselinus; Yusuf, Hudi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Rabid wild ridge practice once implemented. Its most easily found form is the one that almost occurs in various public places, where we often find the presence of irresponsible members of the public who demand parking money illegally. The action is obviously troubling because it is against the regulations in that the place actually does not collect parking fees from visitors. With this case regulated in the Act, In Article 1 number 64 of Law no. 28 of 2009 mentions the issue of parking levy which is a payment on services or granting of certain permits specifically provided or granted from the local government as in the interest of an individual or body. So this parking clerk can be subject to the law of extortion and intimidation in articles 368-371 of the Criminal Code is part of CHAPTER XXIII of the Criminal Code which contains goods, which are completely or partially belonging to the person himself belonging to another person or so that the person makes a debt or cancels the debt, is punished for extortion with a life imprisonment for nine years In the regulation of area No. III Daerah Pahun Pajak 20 1 which read “Tax Collection prohibited wholesale”.
Kronologi Penemuan Mayat Wanita Korban Mutilasi Dalam Koper di Ngawi Hutapea, Rinsan Maratur; Yusuf, Hudi
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.16872593

Abstract

The case of the discovery of a mutilated female body in a suitcase in Ngawi has attracted public attention due to the elements of violence and horrific crime. The victim's body was found on January 23, 2025 in a ditch in Dadapan Village, Ngawi. The victim's identity was revealed as Uswatun Khasanah (29), whose body was found without a head and legs. The investigation led to the main suspect, Rohmad Tri Hartanto alias Antok (32), who had a close relationship with the victim. The motive for the crime is suspected to be related to jealousy and personal problems. The victim's body parts were found in several separate locations, indicating a planned action by the perpetrator. This case highlights the urgency of preventing violence in personal relationships and the importance of strict law enforcement against mutilation crimes.
Analisis Prinsip Keadilan dan Kepastian Hukum Perkara Warisan (Studi Putusan No.40/Pdt.G/2024/PTA.Mks) Mulyadi, Andi Muh. Rizqi; Darmawangsa, Andi; Mallongi, Maryati
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.16778160

Abstract

This study is a normative legal research using a qualitative approach, which applies statutory, case, and conceptual approaches to analyze the principles of justice and legal certainty in an Islamic inheritance dispute. The research focuses on the appellate decision of the Makassar Religious High Court No. 40/Pdt.G/2024/PTA.Mks. Data were collected through document analysis (court rulings, legal norms, and doctrines) and interviews, and then examined qualitatively and descriptively.The findings reveal that the first-instance decision was merely declarative and did not fulfill the principle of legal certainty, as it lacked an executable operative ruling. In contrast, the appellate decision clarified each heir’s share and explicitly ordered the division of inheritance, thus upholding the principles of lex certa and lex executoria. In terms of justice, the decision of the PTA Makassar serves as a corrective to the unilateral domination of the estate and aligns with the Islamic legal theories of maqāṣid al-sharī‘ah (Al-Ghazali), hikmah and ‘illat (Al-Syatibi), qath‘iyyat al-dalālah (Imam Syafi’i), and divine justice (al-‘adl al-ilāhī, Ibn Taymiyyah). The study also compares the case with the Supreme Court Decision No. 845 K/Pdt/2024 to assess jurisprudential consistency in resolving inheritance disputes in the religious court system. The appellate decision is found to embody substantive justice and enforceable legal certainty effectively and fairly.
Sistem Pembayaran Zakat Via Online Perspektif Hukum Islam (Studi Kasus Badan Amil Zakat Nasional (Baznas) Kota Makassar) Fadilah, Muhaimin Nur; Baedah, Said Syarifuddin Abu; A, Ahmad
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.16784937

Abstract

This study aims to explore in depth how the online zakat payment system is implemented by the National Zakat Agency (BAZNAS) of Makassar City and to analyze the Islamic legal perspective regarding the legality and validity of this system. The study employs a qualitative approach using a descriptive-analytical method. Data were collected through in-depth interviews with BAZNAS Makassar officials, direct observation of the online zakat payment system, and documentation from relevant sources.The findings reveal that the online zakat payment system at BAZNAS Makassar facilitates muzakki (zakat payers) in fulfilling their zakat obligations through digital channels such as the official website, QRIS, and virtual accounts. This system enhances efficiency, transparency, and accountability, although it still faces challenges such as low digital literacy, data security risks, and lack of public outreach. From an Islamic legal perspective, online zakat payments are considered valid as long as they fulfill the pillars and conditions of zakat and are managed by trustworthy amil (zakat administrators). Therefore, this system represents a technological innovation that aligns with contemporary needs without compromising the core principles of Islamic law.
Konsep Ideal Presidential Threshold Dalam Pemilihan Umum Presiden dan Wakil Presiden Dalam Perubahan Undang-Undang Pemilu Pasca Putusan Mahkamah Konstitusi Nomor: 62/PUU/XXII/2024 T, Thorik; D, Suhariyanto; I, Ismail
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.16881363

Abstract

Indonesia is a country that practices electoral democracy, a system of government that allows all citizens to choose one of several candidates competing in elections. Previously, the Presidential Threshold threshold of 20% was considered to be unjust and disproportionate, especially for small parties. This study examines the ideal Presidential Threshold that can provide access to justice for all parties, especially small and medium-sized parties. This study utilizes Hans Kelsen's Theory of Legislation and Sudikno Mertokusumo's Theory of Legal Certainty. This study discusses the need for a rational and proportional PT percentage that is neither 0% nor as high as 20%, to ensure representation, healthy competition, and political stability. The purpose of this study is to analyze the implications of Constitutional Court Decision Number 62/PUU-XXII/2024 on the Presidential Threshold regulation and analyze the ideal concept of the Presidential Threshold. The research method is normative juridical. The results of the study show that the ideal concept of the presidential threshold in Indonesia is a significant reduction in the threshold for presidential and vice presidential nominations by 4%, which is paralleled by the parliamentary threshold with a mechanism where parties that have not reached the threshold for DPR seats or valid election votes of 4% can nominate with the support of factions and political parties for presidential and vice presidential nominations in the election. This is to provide a more open space for competition and guarantee the constitutional rights of all political parties participating in the election in accordance with Article 6A paragraph (2) of the 1945 Constitution of the Republic of Indonesia.
Implikasi Pernikahan Usia Dini Terhadap Keharmonisan Rumah Tangga Studi Pengadilan Agama Maros Kelas 1b Suharman, Agung; Akil, M.; Abu Baedah, Said Syarifuddin
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.16778403

Abstract

This study aims to identify the types of problems that arise in households founded through early marriage and to analyze the factors causing divorce in these marriages from the perspective of the Maros Class 1B Religious Court. This study used a qualitative approach with field research methods using interviews, observation, and documentation. The results indicate that early marriage tends to lead to various household problems, such as emotional instability, economic unpreparedness, a lack of understanding of the rights and obligations of husband and wife, and a high potential for conflict and domestic violence. The main factors causing divorce in early marriages include economic factors, lack of education, cultural pressure, premarital pregnancy, and mental and emotional unpreparedness. This study concludes that early marriage has a significant impact on household harmony and has a high potential to lead to divorce. Therefore, thorough understanding and preparation before marriage are necessary, as well as the active involvement of various parties, including families and legal institutions, in preventing the practice of early marriage.
The Dynamics of State Administrative Law and the Role of Government in Upholding Social Justice: A Case Study of Public Policy Management in the Era of Digital Technology Galluci, Angga
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.16990640

Abstract

The increasing adoption of digital technology in public administration processes has brought about fundamental changes in the implementation and understanding of administrative law. The presence of technology not only influences patterns of government interaction with the public but also presents new challenges in the application of legal principles such as transparency, accountability, and public participation. Previous research has shown that digitalization can increase the efficiency and effectiveness of public services, but on the other hand, it also raises serious problems, including the risk of corruption in public policymaking and the digital divide. This research aims to analyze the dynamics of state administrative law and the role of government in upholding social justice in the digital era. The main focus of the study is on the alignment of administrative law with technological developments, particularly in the management of digital-based public policies. The research method used is normative legal research, using approaches from legislation, doctrine, and related legal literature. The results show that the government's role in the digital era is not limited to providing public services, but also as a regulator, facilitator, and innovator. Regulations such as Law No. 1 of 2024 concerning Electronic Information and Transactions (ITE), Law No. 25 of 2009 concerning Public Services, and Regulation of the Minister of Administrative and Bureaucratic Reform No. Law No. 11 of 2024 is a crucial foundation for ensuring social justice in the digital realm. However, challenges remain, including personal data protection, potential algorithmic bias, and limited public digital literacy. Therefore, this study concludes that the alignment of state administrative law with digital transformation is a key prerequisite for creating transparent, accountable, participatory, and inclusive governance. Strengthening regulations, increasing the digital literacy of civil servants, and increasing public participation are key strategies for realizing social justice in the digital era.

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