cover
Contact Name
Penerbit Yayasan Daarul Huda
Contact Email
penerbitdarulhuda@gmail.com
Phone
+6285280459234
Journal Mail Official
penerbitdarulhuda@gmail.com
Editorial Address
Jln Pendidikan No. 1, Cot Seurani, Muara Batu, Aceh Utara,
Location
Kab. aceh utara,
Aceh
INDONESIA
Media Hukum Indonesia (MHI)
ISSN : -     EISSN : 30326591     DOI : https://doi.org/10.5281/zenodo.10995150
Core Subject : Social,
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.
Articles 798 Documents
Efektivitas Pelatihan dan Pembinaan Nazir Dalam Meningkatkan Wakaf Produktif Alkaf, Aisyah; Usman, Rafika; Y, Yunita
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.17103382

Abstract

Productive waqf plays a strategic role in supporting the sustainable social and economic development of the Muslim community. However, the effectiveness of waqf management still faces challenges, particularly related to the quality and capacity of nazhir as the asset managers. This study aims to assess the impact of training and guidance on nazhir in improving productive waqf management. The method used is a literature review from various scientific sources discussing nazhir training and guidance. The findings indicate that enhancing nazhir capacity through structured training and intensive coaching improves professionalism, transparency, and accountability in waqf management. The Indonesian Waqf Board (BWI) plays a crucial role in conducting training and certification of nazhir, despite challenges such as limited resources and diverse backgrounds among nazhir requiring adaptive and innovative approaches. Training and guidance for nazhir have proven effective in optimizing productive waqf, contributing to economic empowerment and sustainable social welfare in Indonesia.
Kekerasan Dalam Rumah Tangga Dalam Perspektif Hukum Islam dan Hukum Publik E, Ekawati
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17248740

Abstract

This study explores domestic violence (DV) from the perspective of Islamic law and public law in Indonesia using a normative juridical approach. Data were collected through documentation of Qur’anic verses, hadith interpretations, classical and contemporary fiqh books, and Law No. 23 of 2004 concerning the Elimination of Domestic Violence. Domestic violence has wide-ranging impacts, including physical injury, psychological trauma, and social disintegration, threatening family harmony and public order. The findings show that Islamic law strictly prohibits all forms of DV as jarimah that contradict the objectives of Sharia (maqāṣid al-syarī‘ah), which emphasize justice, compassion, and protection of human dignity. In contrast, public law treats DV as a criminal act subject to penal sanctions while providing legal protection and recovery for victims. Integrating Islamic moral values with public law enforcement mechanisms is essential to eradicate DV and build safe, harmonious families.
Analisis Perlindungan Konsumen Dalam Kontrak Elektronik Pada Transaksi E-Commerce Indonesia Hapsari, Crescentia Viola Priscilla Audra; Lie, Gunardi
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17168532

Abstract

The swift growth of online shopping in Indonesia has given rise to electronic contracts (e-contracts) as the primary instrument for online transactions. However, this dynamic also presents legal challenges, particularly regarding the protection of consumers, who often find themselves in a weak bargaining position. The purpose of the research is to examine consumer protection in e-contracts based on the Indonesian regulatory framework, identify weaknesses in implementation, and offer academic and practical recommendations.The analysis found that consumers frequently face various obstacles, including complex and difficult-to-understand contract clauses, limited access to online dispute resolution mechanisms, and insufficient transparency of information related to rights and obligations within electronic contracts. Furthermore, there is a significant gap between existing legal regulations and their actual implementation. Therefore, this study recommends strengthening regulations concerning standard clauses in electronic contracts, developing and optimizing online dispute resolution mechanisms, improving consumers’ legal and digital literacy, and enchancing coordination among supervisory and law enforcement agencies to establish a fairer and more transparent e-commerce governance. The results are anticipated to help the improvement of electronic contract governance within Indonesia’s e-commerce transaction ecosystem.
Efektivitas Kontrak Lisensi Teknologi Hak Cipta Film Dalam Melindungi Kekayaan Intelektual Industri Perfilman Indonesia Hapsari, Crescentia Viola Priscilla Audra; Lie, Gunardi
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17204921

Abstract

The rapid growth of Indonesia's film industry has created an urgent need for intellectual property protection, particularly through technology-based copyright licensing contracts for films. However, the dynamics of digital distribution and film piracy pose significant legal challenges, especially in ensuring the effectiveness of licensing contracts as protective instruments. This study aims to identify the effectiveness of technology licensing contracts in protecting film copyrights within the framework of national regulations, examine implementation barriers, and offer academic and practical recommendations. The analysis found that film industry actors often face various obstacles, including unclear contract clauses, ineffective dispute resolution mechanisms, and low legal awareness among industry practitioners. Furthermore, there is a gap between existing legal provisions and their enforcement on the ground that weakens copyright protection. Therefore, the study recommends strengthening licensing contract clauses, optimizing dispute resolution mechanisms, and enhancing legal education for industry actors to ensure optimal protection of film copyrights. These findings are expected to contribute to improving the governance of technology licensing contracts, making them more responsive to the challenges of intellectual property protection in the digital era.
Praktik Penahanan Tersangka Dalam Kasus yang Diancam Pidana Dibawah 5 Tahun oleh UU ITE Dikaitkan Dengan Alasan Penahanan Berdasarkan KUHAP Nasution, Firman; Sulistiani, Lies; Putri, Nella Sumika
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17115322

Abstract

This research examines the practice of detaining suspects in defamation cases under the Information and Electronic Transactions (ITE) Law, particularly for articles with penalties of less than five years, and its conformity with the grounds for detention according to the Indonesian Criminal Procedure Code (KUHAP) from a Human Rights (HAM) perspective. Despite reduced penalties, detention practices persist based on KUHAP's subjective grounds. This study employs a normative juridical method supported by a socio-legal approach through case studies and interviews. The findings indicate that detention for ITE under 5 years is based on subjective grounds (fear of absconding, destroying/tampering with evidence, repeating the offense), assessed by investigators using various indicators. However, the application of these subjective grounds is often problematic, lacking factual validity, and prone to misuse, especially the ground of repeating the offense, which can stifle freedom of expression. This practice potentially violates the principle of detention as an ultima ratio and the presumption of innocence, drawing criticism from legal experts and civil society organizations due to its impact on human rights. This research recommends revisions to KUHAP and the ITE Law to clarify detention parameters, as well as strengthening oversight mechanisms and enhancing the capacity of law enforcement officials.
Peran Notaris Dalam Memberikan Pelayanan Hukum Gratis Bagi Masyarakat Kurang Mampu Zubairi, M Zahid Qutub
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17249824

Abstract

This study examines the obligation of Notaries to provide free legal services to underprivileged communities as stipulated in Article 37 of Law Number 2 of 2014 on the Notary Office. The main issues discussed are the lack of clear standards for determining who qualifies as underprivileged and the sanctions imposed on Notaries who fail to fulfill this duty. This research employs a juridical-empirical method by analyzing legal norms, the concept of poverty under Law Number 13 of 2011, and its practical implementation. The findings reveal that although the legal framework is well established, its implementation still faces challenges, particularly in defining beneficiaries and the administrative pressures placed on Notaries. The study concludes that this obligation reflects the social function of Notaries as an officium nobile; yet, in practice, it creates a dilemma between professional ideals and legal realities. Therefore, clearer legal standards are needed to ensure effective and fair implementation.
Analisis Hukum Perjanjian Dalam Transaksi E-Commerce: Tinjauan Terhadap Perlindungan Konsumen Berdasarkan Peraturan Perundang-Undangan Hermanto, Dennis; Lie, Gunardi
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17185998

Abstract

Advances in information technology have changed the trading landscape with e-commerce transactions, offering convenience but at the same time posing consumer protection risks. This research mainly aims to examine the legal framework that governs agreements related to e-commerce transactions and consumer protection, as outlined by the applicable legal and regulatory provisions in Indonesia. This research method uses normative legal research methods, which apply legislative and conceptual approaches, as well as researching various legal sources such as the Civil Code, the Criminal Code, Law No. 8 of 1999 concerning Consumer Protection and the ITE Law. The findings of the study show that, although the existing legal framework provides an adequate foundation for consumer protection, there are still implementation challenges regarding consumer awareness, regulatory socialization, and dispute resolution mechanisms. Strengthening integration between traditional legal principles and specific rules for electronic transactions is essential to fostering a transparent, fair, and trustworthy digital commerce ecosystem.
Implementasi Prinsip Good Governance Dalam Mendorong Optimalisasi Layanan Publik (Tinjauan Literatur) Sjachrawy, La Ode Muhammad Ichwan; Ikhsan, Zanuar; Laode, Ringo Taufan; Satyadharma, Maudhy; Susanti, Neni
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17157664

Abstract

This study examines the implementation of good governance principles in driving the optimization of public services through a literature review. The main focus is on the four key principles of transparency, accountability, participation and responsiveness which are believed to improve the quality of public services. This research uses literature study method with literature study approach and narrative model. Data were collected through analysis and comparison against various trusted sources, such as reputed international journals and related e-books. The results of the study found that the implementation of good governance principles, such as transparency, accountability, participation, and responsiveness, proved to be highly effective in encouraging the optimization of public services. The literature review of several research journals found Public Service Quality Optimization and some Supporting factors, the role of Good Governance in Improving Government Performance and Economic Growth, need for services, accountability, and barriers in the implementation of public service improvement technologies and Media requirements.
Perlindungan Hukum Terhadap Konsumen Dalam Transaksi Jual Beli Online Melalui Platform Marketplace di Indonesia Terania, Medi; Lie, Gunardi
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17156678

Abstract

The growth of online transactions through marketplace platforms presents new challenges in terms of legal rights protection for customers. One of the primary issues that emerges is the imbalance between consumers and businesses, both in terms of access to information, resources, and legal channels. Many consumers in Indonesia are not fully aware of their legal rights, including the right to obtain correct and reliable information, the right to security, as well as the right to file a lawsuit if they suffer losses. This lack of understanding prevents many consumers from pursuing their cases through legal channels, even in cases of fraud. On the other hand, businesses and marketplace platforms usually possess an edge when it comes to accessing information, control of resources, and adequate legal support, which further widens the power gap between the two parties. This situation shows that access to justice for consumers, especially small consumers, continues to be minimal in the application of digital commerce in Indonesia. Active involvement from the government, consumer protection agencies, and platform providers is needed to build a more balanced legal protection system that is accessible to all elements of society.
Perlindungan Hukum bagi Investor dalam Era Transformasi Digital: Kajian Hukum Bisnis di Indonesia Lim, Feili; Lie, Gunardi
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17263115

Abstract

The development of investment in Indonesia has grown rapidly, particularly with the emergence of digital instruments such as fintech, app-based capital markets, and crowdfunding. This situation presents both opportunities and legal risks for investors. This article examines how Indonesian business law responds to these developments, with a focus on legal protection for investors. The inestigation methodology applied is a normative juridical approach by reviewing investment-related legislation and analyzing relevant cases. The findings indicate that although a legal framework is already in place, practical implementation still reveals weaknesses, especially in terms of supervision and law enforcement. Therefore, it is necessary to strengthen regulations and enhance synergy among institutions to ensure legal certainty and investor protection.