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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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Penemuan Hukum Sebagai Implementasi Teori Hukum Dalam Menjawab Kekosongan Norma Indah, Reviana Mutiara; Triadi, Irwan
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.17333088

Abstract

This research is motivated by the gap between static positive law and the continuously evolving dynamics of society, which often creates a legal vacuum (rechts vacuum). This condition requires judges to abandon the old paradigm of being merely the "mouthpiece of the law" (la bouche de la loi) and to take an active role as law-creators. The objective of this research is to thoroughly analyze the concept, theoretical position, urgency, mechanism, and methods of legal discovery (rechtsvinding) conducted by judges as a solution to overcome normative gaps and to realize substantive justice. Using a normative juridical research method through statutory and conceptual approaches, and analyzed qualitatively, this study examines primary and secondary legal sources. The research findings indicate that legal discovery is a central function and a judicial obligation for judges to respond to legal vacuums, vague norms (vage normen), and conflicting norms (antinomy). Judges, as the sole authority, apply legal discovery through a systematic mechanism (konstatir, kualifisir, konstituir) using methods of interpretation and construction, although their authority is limited by the principle of legality, jurisprudence, and the judicial hierarchy. It is concluded that the practice of legal discovery in Indonesia shows a shifting trend towards a progressive approach, which is essential for keeping the law alive, adaptive, and capable of balancing the values of certainty, utility, and justice in every decision.
Prinsip Good Governance dan Kritik atas Rasionalitas: Diskursus Pengelolaan Tunjangan Anggota DPR RI dalam Membentuk Persepsi Keadilan Publik Jazmine, Indira; Roring, Edward Benedictus; Tholemadia, Finnova Khairullah; Simbolon, Augustha; Samekto, FX Adji
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.17333377

Abstract

This study analyzes the empowerment of members of the Indonesian House of Representatives (DPR RI) through the perspectives of constitutional law and mass psychology, highlighting its impact on public perceptions of justice. Through a framework of understanding the principles of good governance, this study assesses aspects of transparency, accountability, and participation in granting permits. Normatively, allowances should reflect public ethics and social justice, but empirically, they actually give rise to dissatisfaction and negative perceptions due to economic disparity and poor legislative performance. Using a qualitative-descriptive approach, the study finds that weak implementation of good governance principles reinforces polarization and erodes public trust, resulting in allowances being perceived as a form of injustice.
Euthanasia in Human Rights Perspective: The Dialectic Between the Right to Live and the Right to Die Adawiyah, Robi'atul; Amanda Putri, Kharisma
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.17360821

Abstract

The discourses and dialectics regarding euthanasia have yet to find an end. Because there are 2 human rights values that face each other: the right to life and the right to die. This article seeks to photograph euthanasia in a human rights perspective by stressing on the dialectic between the right to life as an absolute right and the right to self-determination as an embodiment of respect for human autonomy and dignity. This study belongs as a normative juridical research with a legislative and conceptual regulation approach in which legal materials are obtained through library study and internet searches which are then analyzed and interpreted deductively. Study results show that the right to life is a fundamental right that has been recognized in international human rights documents and national legislative regulations. In the perspective of the right to life, the act of euthanasia cannot be justified because every act either directly or indirectly that ends a person’s life is contrary to the principle of protection of the right to life. In the perspective of the right to die, the act of euthanasia derives its legitimacy based on the school of utilitarianism and the prolonged suffering experienced by the human individual actually clashes with the concept of the right to life itself. The prospect of regulating euthanasia in the ius constituendum is to constitute a more humanistic, ethical, and rational regulation of legislation focused on the protection of patients’ rights to choose or refuse medical treatment, the strengthening of medical codes of ethics, and the affirmation of the boundaries between medical actions that are considered reasonable.
Peran Peradilan Agama Dalam Penetapan Ahli Waris Endro Bin Sunarto Berdasarkan Prinsip Hukum Islam Wahyuni, Silvia Ika Nur; Ambarwati, Mega Dewi
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.17397962

Abstract

The determination of heirs in Islamic inheritance law in Indonesia is a legal process that balances legal certainty, Sharia-based justice, and the protection of heirs’ rights. Within the jurisdiction of the Religious Courts, this authority is affirmed under Article 49 letter b of Law No. 3 of 2006 as well as the Compilation of Islamic Law (KHI) Articles 171–214, which comprehensively regulate the definition of inheritance, requirements for heirs, disqualifications, and the respective shares of heirs. The presence of KHI demonstrates the harmonization between Sharia principles and national law, making Islamic inheritance law not only a religious norm but also legally binding within the national legal system. Judges of the Religious Courts, in exercising this authority, are expected not only to enforce the formal legal aspects but also to uphold substantive justice oriented toward the maqāṣid al-syarī‘ah. Thus, court rulings serve not only to provide legal certainty but also to ensure fairness, preserve family harmony, and prevent potential disputes over the distribution of the deceased’s estate.
Penerapan Standar-Standar Perlindungan Utama dan Refleksinya dalam Foreign Direct Investment (FDI) Manik, Rosari
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.17402858

Abstract

The flow of Foreign Direct Investment (FDI) plays a vital role in driving global economic growth. This journal provides a comprehensive analysis of the five principal standards of protection enshrined in Bilateral Investment Treaties (BITs) and customary international law, namely Fair and Equitable Treatment (FET), Full Protection and Security (FPS), the Non-Discrimination Principle (Most-Favoured-Nation and National Treatment), and Protection against Nationalization and Expropriation. Through an examination of arbitral interpretations and a reflection on Indonesia’s domestic regulations, this study finds that standards such as FET have evolved beyond the conventional International Minimum Standard (IMS), and that protection against expropriation is no longer limited to direct takings but also encompasses indirect regulatory measures. For Indonesia, the implementation of these standards requires a careful balance between attracting foreign capital and preserving domestic policy space, particularly in addressing the challenges of regulatory chill and unequal treatment between foreign and domestic enterprises.
Kajian Sosiologis dan Antropologis Terhadap Konflik Tanah dan Perlindungan Masyarakat Hukum Adat yang Terdampak Pembangunan Proyek Strategis Nasional (Studi Kasus: Masyarakat Adat Yei Kian, Papua) Hakeem, Mirza Athaya Ghaisan; Widianto, Alif Putra
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.17382572

Abstract

The construction of National Strategic Projects (NSP) often raises conflicts with customary law communities regarding the possession and utilization of ulayat lands. The case of the indigenous people of Yei Kian in Papua is a tangible example of the tension between the interests of national development and the traditional rights of indigenous peoples. This study aims to analyze the forms of legal protection towards the customary law community of Yei Kian affected by PSN as well as evaluate the compatibility of the PSN policy with the principle of recognition and protection of customary law community as regulated in Article 18B paragraph (2) of the 1945 Constitution Tahundang Tentang Undang-Undang Environmental Protection and Management. The research method used is normative law, with a legislative and conceptual approach, analyzing the foundations of law, legal systematics, as well as related literature. The results of the study show that the legal protection of the Yei Kian community is still formal in nature and has not been adequate, both from a sociological and anthropological perspective. The processes of recognition of ulayat rights, the implementation of Free, Prior, and Informed Consent (FPIC), as well as participation in Analysis Regarding Environmental Impacts (AMDAL) are often merely administrative in nature without respect for the social structures, cultural values, and cultural meanings of customary lands. As a result, PSN policies have not fully aligned with the principles of recognition and protection of customary law communities. This study concludes that effective legal protection of the Yei Kian community must be multidimensional in nature, integrating formal recognition, meaningful participatory procedures, and socio-cultural restitution. Development policies are needed that are inclusive, respect traditional rights, and safeguard the social, cultural, as well as ecological sustainability of indigenous peoples.
Kontrol Negara Tuan Rumah Dalam Sektor Pertambangan Sebagai Instrumen Penegakan Kedaulatan Hukum dan Perlindungan Sumber Daya Alam di Indonesia Putri, Keisyha Amanda
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.17402997

Abstract

Foreign investment in the mining sector places Indonesia in a dilemma between the pragmatic need to attract capital for the sake of economic growth and the constitutional obligation as a welfare law state to protect natural resources for the greater prosperity of the people. This study analyzes how Indonesia uses various instruments of host state control to enforce its legal sovereignty in the mining sector. Using a juridical-normative legal research method, this study examines the investment regulatory framework in Indonesia, ranging from the Capital Planting Act to sectoral regulations in the mining field, in the perspective of legal politics and international investment law. The study results show that although Indonesia has adopted various control instruments such as investment screening, divestment requirements, and environmental obligations their implementation often faces challenges due to pragmatic political configurations and pressures from the international investment legal regime. There exists a constant tension between efforts to provide legal certainty for investors and enforcement of state sovereignty to protect national interests. This study concludes that the effectiveness of host state controls depends heavily on legal political coherence and institutional capacity to balance between economic benefits, social justice, and environmental sustainability.
Esensi Moralitas Demokrasi Keadilan: Kriminalisasi Aktivis Dalam Demonstrasi di Indonesia Rahman, Hafizh Aulia; Triadi, Irwan
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.17361232

Abstract

The criminalization of pro-democracy activists in demonstrations in Indonesia is a crucial issue that reveals the paradox between the spirit of democracy and the practice of state power. Normatively, the right to express opinions is guaranteed in Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia, Law No. 39 of 1999 on Human Rights, and Law No. 9 of 1998 on Freedom of Expression in Public, and is even reinforced by international instruments such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). However, reality shows that there is a practice of criminalization through the use of vague articles in criminal law directed at pro-democracy activists. This study aims to examine this phenomenon using a normative research approach and critical legal philosophy analysis, specifically Critical Legal Studies (CLS) theory and Michel Foucault's theory of power. The results of the study show that criminalization is not merely a legal deviation, but a strategy of power to discipline society and narrow the public sphere. CLS reveals that the law often functions as an ideological instrument that maintains the dominance of the political elite, while Foucault's analysis shows how the law, apparatus, and discourse of the state work as technologies of power that shape obedience and stigmatize opposition. This phenomenon contradicts the principles of democracy, the rule of law, and substantive justice, which demand equality and respect for citizens' rights. Thus, this study emphasizes that the criminalization of pro-democracy activists must be understood not only as a legal problem, but also as a philosophical and political problem.
Pemidanaan Terhadap Pelaku Tindak Pidana yang Melakukan Registrasi Kartu (Sim Card) Telekomunikasi Prabayar Menggunakan Identitas Orang Lain Rivelino, Andri; H, Hartana; Tio Rae, Nyoman
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

Abstract

This research stems from the widespread practice of misusing personal identification data (National Identity Number and Family Card) to register prepaid telecommunication cards without the consent of the data ownerThe legal issue examined in this study focuses on the forms of criminal sanctions applicable to such offenders and the extent to which existing legal provisions have been effective in providing protection and deterrence. The study employs a normative juridical research method, utilizing a statute approach and a case approach. Data were collected through a literature review of legislation, legal literature, and court decisions concerning identity misuse in prepaid card registration. The analysis draws upon legal protection theories (Satjipto Rahardjo and Philipus M. Hadjon), legal system theory (Lawrence M. Friedman), and justice theory (John Rawls) to evaluate the relevance of applicable provisions, the adequacy of criminal threats, and the practical obstacles in law enforcement. The findings indicate that the criminal provisions under Article 51 paragraph (2) of the Electronic Information and Transactions Law (UU ITE) and Article 65 paragraph (2) of the Personal Data Protection Law (UU PDP) can be applied to prosecute offenders. However, their effectiveness is hindered by difficulties in proving the element of intent (mens rea), lack of harmonization between regulations, limited law enforcement capacity, and low public awareness. This research contributes novelty through a multi-regulatory analysis and progressive solutions, such as harmonizing the application of legal provisions, enhancing law enforcement training, improving digital literacy, and strengthening oversight of SIM card registration as part of a more comprehensive personal data protection framework.
Joint Venture Agreement yang Komprehensif Sebagai Sarana Perlindungan Hukum Dalam Kegiatan Foreign Direct Investment (FDI) di Indonesia Bangun, Michael Hagana
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.17470303

Abstract

Joint venture agreements are subject to civil law, then their formation must meet the provisions of the Treaty Law as regulated in the Civil Code. These provisions are generally cast in the form of agreement clauses, which serve to guarantee that each party acquires rights and performs obligations in accordance with the agreement with explicit legal protection. In practice, however, there are still various legal issues and potential risks that arise in the implementation of a joint venture between foreign and local investors. This paper is aimed at knowing the role of joint venture agreements in the establishment of joint venture companies as investment protection in Indonesia is reviewed from the legislation regulations with the intention and purpose of providing investment protection for both foreign and national parties. Second. To know the regulation of foreign direct investment (FDI) in the form of joint venture companies in Indonesia. The research is descriptive in nature using a type of normative legal research method, i.e. conducted in a systematic and comprehensive way describing library studies by examining legal materials related to the object of study. The results of this study confirm that joint venture agreements play a strategic role in guaranteeing legal protection over investments, both for foreign and national parties. Synchronization between the joint venture agreement and the establishment deed of the Limited Liability Company authorized by the Government is an important condition for ensuring legal certainty in the implementation of the investment. Should there be any inconsistencies or contradictions between the contents of the joint venture agreement and the company’s founding deed, such conditions could potentially give rise to legal disputes that could be detrimental to either party. In such a situation, settlement through an arbitration forum becomes an alternative when other non-litigation routes do not produce agreement.

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