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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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Pengawasan Pemenuhan Hak Hak Pekerja Penyandang Disabilitas di Dinas Kependudukan dan Pencatatan Sipil Kota Surabaya Sari, Nizza Kartika; Afifah, Wiwik
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.17188851

Abstract

:  In the midst of limitations, people with disabilities are part of society who have equal rights and opportunities in all aspects of life, including in the world of work. In relation to the rights of workers with disabilities, Article 53 Paragraph (1) of Law No. 8/2016 on persons with disabilities states that “The Government, Regional Governments, State-Owned Enterprises, and Regional-Owned Enterprises are required to employ at least 2% (two percent) of employees or workers with disabilities from the number of employees or non-disabled workers.” The constitution has guaranteed the right to work to persons with disabilities, but this has not yet been fully implemented. Although the constitution has guaranteed the right to employment to persons with disabilities, these rights have not been fully realized. The intention of this research is to use empirical research methods, using a legislative approach, conceptual approach and legal sociology approach. Using primary and secondary legal sources used by inventorying and reviewing literature. It can be said that the implementation of the protection of persons with disabilities in Surabaya City is not yet fully in accordance with existing regulations, namely Surabaya Mayor Regulation No. 9 of 2024. This is because there are still many agencies and companies, both public and private, that have not been able to accommodate workers with special needs. 
Implementasi Hukum Atas Pembebanan Biaya Dalam Transaksi Quick Response Code Indonesian Standard (QRIS) Ariani, Deva Vira; Utomo, Setiyo; Gegana, Reza Pramasta
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.17232793

Abstract

In QRIS services, Bank Indonesia imposes two types of fees that must be paid by merchants or business actors as QRIS users: the Merchant Discount Rate (MDR) fee and the transaction settlement fee. The MDR fee is a fee borne by business actors in QRIS payment transactions. This study uses a socio-legal approach that focuses on business actors, QRIS users, Bank Indonesia, the Financial Services Authority, Bank BCA, Bank Kaltimtara, and Bank BNI. The primary data source is the results of interviews with business actors, QRIS users, Bank Indonesia, the OJK, Bank BCA, Bank Kaltimtara, and Bank BNI. Secondary and tertiary data were obtained through a literature review to collect legal materials relevant to the study. The results of this study indicate that despite the existence of regulatory policies, legal protection for consumers in cases of charging additional fees outside the agreement on transactions using the Indonesian Standard Quick Response Code (QRIS) is not yet fully effective, both from a preventive and repressive perspective. The implementation of regulations related to the Merchant Discount Rate (MDR) fee has not been optimally implemented by the competent authorities in the QRIS payment system.
Kajian Normatif Yuridis Terhadap Peran Lembaga Arbitrase Syariah Dalam Penyelesaian Sengketa Perbankan Syariah W, Wahidin; Zahro, Fifin Anisatu; Ainun, Nur; Zilarsi, Inda
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.17157017

Abstract

This study examines the function of sharia arbitration institutions as an alternative solution for resolving disputes in sharia banking activities in Indonesia. The approach employed is a juridical normative approach, analyzing legal regulations, fatwas from the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), and relevant references in the field of sharia economic law. The findings of this study indicate that sharia arbitration, particularly through the National Sharia Arbitration Board (BASYARNAS), plays a crucial role in providing legal certainty and resolving disputes in accordance with sharia provisions. The existence of this institution provides an alternative to litigation, which is often lengthy and does not always reflect sharia justice. However, the effectiveness of sharia arbitration institutions still faces several obstacles, such as low public understanding of the arbitration process, limited resources, and the implementation of arbitration decisions at the execution level. Therefore, strengthening regulations, education, and collaboration between Islamic banking, judicial institutions, and Islamic arbitration institutions is crucial to creating an efficient, fair, and sharia-compliant dispute resolution system.
Perkembangan E-Commerce di Indonesia: Regulasi dan Tantangannya Iskandar, Syahla Atsylah
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.17263810

Abstract

E-commerce in Indonesia demonstrated rapid growth due due to the internet's growing popularity, the use of digital technology, and changes in consumer behavior. The main factors that accelerated its development included wide market access, distribution efficiency, and service variation. However, this rapid progress also created regulatory challenges, particularly in terms of legal protection, data security, and transaction certainty. The government had introduced several regulations, such as the Electronic Information and Transactions Law, provisions regarding electronic trading systems, and consumer protection rules. Nevertheless, their implementation still faced obstacles, including weak law enforcement, privacy protection issues, and unfair business practices. This article aimed to identificate the development of e-commerce in Indonesia, evaluate the regulations that had been implemented, and identify the main challenges that needed to be addressed to build a fair, secure, and sustainable digital trade environment.
Perlindungan Hukum Bagi Investor Berdasarkan Undang-Undang Pasar Modal di Era Digital Dalam Transaksi Reksa Dana 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.17193978

Abstract

Digital transformation has had a major impact on the Indonesian stock market, especially in mutual fund transactions through digital media. The easier access and efficiency brought by financial technology has created wider investment opportunities for the public, including those who are just starting to invest. However, this development also brings challenges in terms of legal protection for investors. The existing capital market rules are still based on the old paradigm, so they are not fully able to keep up with the rapid pace of technological development. In addition, there are various technical issues, such as potential data security risks and cyber threats, low public understanding of finance and digital, and differences in access to technology in various regions. The current investor protection strategy still faces obstacles in terms of supervision, law enforcement, and dispute resolution mechanisms that are not yet responsive in the digital age. Therefore, collaboration between flexible regulations, Irusted technology, and programs that improve financial and digital literacy widely and sustainably is needed. By overcoming existing challenges, the digital mutual fund industry in Indonesia can grow inclusively, sustainably, and be able to provide maximum protection for investors in the digital era.
Implikasi Pelanggaran Kode Etik Advokat Terhadap Kepercayaan Publik (Studi Kasus: Desrizal Chaniago) Mussa’ad, Amirah Achmad; Mubarani, Ananta Siti
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.17084980

Abstract

One aspect highlighted by ethics and morals regarding a person's behavior is in the field of expertise called the profession. Advocates, judges, prosecutors and various other types of legal professions play a role in regulating and maintaining justice and order in society. However, it cannot be denied that sometimes violations of the code of ethics can lead to a negative view of legal professionals. One example is Desrizal, a lawyer who beat a judge, when the judge was reading the verdict in a case at the Central Jakarta District Court. This study uses a normative juridical approach which is then analyzed in the case and linked to laws and regulations which are then presented in the form of narrative text through descriptive specifications with qualitative normative analysis. Some people may feel that the legal system is unfair or ineffective in resolving their problems. This can reduce public trust in the legal profession and result in dissatisfaction with the existing legal system. The impact of the legal profession on society can also be seen in terms of inconsistent law enforcement. The purpose of this study discusses the effect of violations of the code of ethics by lawyers on the level of public trust in the legal profession in Indonesia and emphasizes the significance of ethical standards in maintaining the integrity of the justice system and building a relationship of trust between lawyers and the public.
Metode Talfiq dan Takhayyur dalam Pengaruh Moderasi Bermazhab di Lingkungan Masjid Kapasa Raya Kecamatan Tamalanrea Kota Makassar Sabir, Muh; A. Gazali, Muh. Rakasiwi
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.17248605

Abstract

This research aims to examine the practice of amaliah in worship through the method of talfiq and takhayyur in its influence in the moderation of sects in Kapasa Raya District of Makassar City. The study belongs to the classification of field research using phenomenological and normative jurisprudential approach, the research participants included congregants, imams and religious figures in the mosque environment The data was obtained through interviews, observations as well as documentation methods after which the collected data were processed and analyzed in data reduction and analysis in 3 stages. The results of the study indicate that both methods play a very important role in the dynamics of the influence of moderate sects in the environment of the Kapasa Raya Mosque. a mosque, but if a person is takhayyur or choose a sect or opinion that can guide his practice then it will organize and menata activities regarding religious worship of the congregation that affects the moderation of sects among the congregation of the mosque. The implication of this research is expected to the community and religious figures in the environment of the Kapasa Raya Mosque as the Qibla of Amaliyah guidelines that are very influential among the congregation of the mosque to improve the understanding of moderation kemazhaban by not mixing worship practices.
Analisis Yuridis Terhadap Penerapan Restorative Justice Pada Pencurian di Siang Hari Dengan Kerugian di Bawah Dua Juta Lima Ratus Ribu Rupiah Berdasarkan Sema Nomor 2 Tahun 2012 Azhari, Moh Tohri; Setiawan, Puguh Aji Hari; H, Hartana
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.17168210

Abstract

The criminal act of theft is one of the most frequent forms of conventional crime in Indonesia. The phenomenon of burglaries committed in broad daylight suggests its own complexity. This study aims to examine legally the normative form of criminal accountability towards burglary offenders who act in broad daylight, as well as analyze the effectiveness of the law enforcement system. The method used is the normative juridical approach method with an analytical descriptive specification. The data sources in this study include primary legal materials in the form of legislative regulations and jurisprudence, as well as secondary legal materials from relevant scientific literature. The results of the study show that although Article 362 of the Penal Code does not explicitly distinguish the time of occurrence of theft as a criminal element, thefts committed in broad daylight often illustrate a maturely planned intention by the perpetrator. In practice, law enforcement almost certainly faces constraints in proving elements of malicious intent, identification of perpetrators, as well as limitations of technical and juridical means. Therefore, forms of criminal accountability cannot simply be repressive in nature, but must be complemented by adaptive and humanistic criminal policies. Approaches such as restorative justice, community participation, as well as technology optimization in evidence need to be developed in order to create a responsive and sustainable legal system.
Perlindungan Hukum Bagi Investor Dalam Penanaman Modal 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.17194071

Abstract

Foreign direct investment is fundamental to supporting the financing of Indonesia’s national development, playing a role in driving economic growth, technology transfer, and job creation. The government has regulated Safeguards established by law for investors through Law No. 25 of 2007 on Investment, That offers a clear and stable legal framework, non-discriminatory treatment, asset protection, and ease of repatriation of capital and profits. However, in practice, foreign investors still face various challenges and legal risks, such as regulatory uncertainty, disputes with the government, bureaucratic obstacles, political and social risks, and inconsistent law enforcement. The research follows a normative approach to legal analysis method with a literature review to evaluate the existing forms of legal protection and the challenges faced by foreign investors in Indonesia. The research underlines the essential nature of improved regulatory consistency, bureaucratic simplification, fair law enforcement, and political stability in order to create a conducive investment climate. Thus, effective legal protection can increase Indonesia's attractiveness as a safe and sustainable investment destination and support inclusive national development.
Perlindungan Hukum Bagi Tenaga Kesehatan Terhadap Kekerasan di Fasilitas Pelayanan Kesehatan Baba, Amiruddin Islami MQ.; Bondi, Adi Papa Jefrianto; Manda, Bakri K.; Indrawan, Rudy; Sitorus, Novandrik Yeriko
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.17304911

Abstract

Violence in healthcare is a serious and increasing phenomenon, occurring in physical, verbal, and psychological forms, perpetrated by patients, their families, and others. This violence not only negatively impacts healthcare workers in the form of trauma, stress, decreased work motivation, and psychological disorders, but also impacts the quality of care and patient safety. This study uses a normative juridical method with a legislative approach through a literature review to examine the forms of violence, causal factors, impacts, and the effectiveness of legal protection for healthcare workers. The results show that although regulations related to the protection of healthcare workers are available, such as Law Number 36 of 2014 concerning Healthcare Workers and Law Number 17 of 2023 concerning Health, implementation in the field still faces obstacles, including weak law enforcement, minimal outreach, and limited security systems in healthcare facilities. Therefore, legal protection does not stop at providing regulations but must be realized through concrete actions, such as strengthening security, providing complaint channels, legal assistance, and educating the public about patient rights and obligations. With these steps, legal protection for healthcare workers can be implemented more effectively, creating a safe and conducive work environment that supports improved healthcare quality.

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