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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
 65   66   67   68   69 
Pergeseran Paradigma Hukum Investasi Internasional: Menyeimbangkan Perlindungan Foreign Direct Investment (FDI) dengan Kedaulatan Regulasi Negara dalam Konteks Reformasi Perjanjian Indonesia Pasca-BIT Apriyanti, Elisya Karina
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.17424649

Abstract

The international investment law regime has shifted from pro-investor Bilateral Investment Treaties (BITs) towards frameworks balancing Foreign Direct Investment (FDI) protection with state regulatory sovereignty. This research examines Indonesia's 2014 termination of 67 BITs and subsequent policy reforms, analyzing the conflict between Investor-State Dispute Settlement (ISDS) mechanisms and the Right to Regulate. First-generation BITs create regulatory chill through expansive arbitral interpretations that restrict developing states' policy space. The Newmont Mining v. Indonesia case exemplifies how ISDS can undermine legitimate Mining Law implementation. Indonesia responded by adopting new-generation investment agreements integrating the Investment Court System (ICS) in the IEU-CEPA, strengthening regulatory sovereignty clauses, and implementing carve-outs for sensitive policy domains. The research affirms that Indonesia's BIT reform strategy asserts sovereignty while ensuring FDI protection applies only to quality investments contributing to sustainable development. 
Tindak Pidana Tertentu Erotika (Pornografi) Nadhira, Maula Silmi; Nazwa, Amelia Muthia
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.17500580

Abstract

Pornography in Indonesia is a legal issue closely related to moral norms and the development of information technology. Etymologically, the term pornography originates from the Greek words pornos (obscene) and graphos (writing), which now encompass various visual, audio, and digital forms containing erotic or indecent elements. In the legal context, the regulation of pornography is governed by Law Number 44 of 2008 concerning Pornography, which specifically distinguishes between pornography and pornoaction. Nevertheless, provisions in the Indonesian Criminal Code (KUHP) remain in effect, particularly those related to morality, such as Articles 281, 282, 283, 532, and 533. With technological advancement, the definition of pornography has expanded to include various media forms such as images, sounds, videos, animations, and digital content. The law also outlines the elements of pornographic criminal acts, which consist of two main components: the act element and the object element. The act element includes producing, distributing, renting, or downloading pornographic materials, while the object element covers content that explicitly displays sexual activity, sexual violence, nudity, or child pornography. Violations of these provisions may result in imprisonment of up to twelve years and fines of up to six billion rupiahs. Therefore, the regulation of pornography in Indonesia serves not only as a legal instrument but also as an effort to preserve morality and decency amid globalization and the rapid advancement of digital technology.
Peran Indonesia Investment Authority (INA) Sebagai Sovereign Wealth Fund Dalam Mitigasi Risiko Ekonomi dan Jaminan Perlindungan Hukum Bagi Investor Asing Fattaya, Zalfa
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.17462230

Abstract

The purpose of this study is to find out the role of the Indonesia Investment Authority (INA) as a Sovereign Wealth Fund in conducting national economic risk mitigation through the foreign investment scheme and legal protection guarantee mechanisms provided by the Indonesia Investment Authority (INA) to foreign and international investors based on national legal aspects. The authors in this study employed normative legal research methods, i.e., research that focuses on the study of prevailing positive legal norms as well as relevant legal doctrines. This method was chosen because the research is oriented towards the analysis of legislative regulations and legal concepts governing the Indonesian Investment Authority’s (INA) role in economic risk mitigation and legal protection of foreign investors. The results of the study show thatINA plays an effective role as a mitigating agent of fiscal and economic risks of structure al through co-investment model. INA succeeded in attracting long-term foreign equity capital from credible global investment institutions, which allows financing strategic projects without adding to the country’s debt (off-balance sheet financing). This directly reduces the country’s fiscal burden and debt risk (sovereign risk).INA also acts as a de-risking agent for foreign investors , reducing political, regulatory, and domestic project risks that often hinder FDI. In addition, the legal protection mechanism provided by the INA is a system of multi-layered protection that integrates national law and international standards. Ex-Ante Protection (National Law) i.e. INA provides high Legal Certainty through the sui generis status guaranteed by the Works Creation Act. This status confers legal superiority that mitigates the risk of unilateral regulation.
An Analytical Study on the Application of Justice Theory in the Perspective of Legal Philosophy: A Case Study of the Aggravated Assault on David Ozora Maghfiroh, Laily; Hidayat, Muhammad Rahmadzani; Salsabila, Syana Mifta; Putri, Syifadilla Subagyo
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.17483522

Abstract

Justice is the primary goal of law and serves as the basis for every law enforcement process in Indonesia. The case of the serious assault on Cristalino David Ozora by Mario Dandy Satriyo reflects a test of the value of justice amidst social and power inequality. This study uses a normative method with a literature review to analyze the concept of justice theory from the perspective of legal philosophy, particularly according to Aristotle, John Rawls, and Gustav Radbruch. The results show that the application of justice theory in this case emphasizes the importance of equality before the law and the moral responsibility of the perpetrator. The court's decision to sentence the victim to 12 years in prison and require restitution to the victim reflects the application of commutative and distributive justice. This also shows that law enforcement in Indonesia must balance legal certainty, moral values, and humanity as the basis for achieving substantive justice.
Mewujudkan Justice As Fairness: Analisis Ketidakmerataan Pelayanan Kesehatan di Indonesia Menurut Teori John Rawls Maghfiroh, Laily
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.17433104

Abstract

This study aims to analyze the inequality of healthcare services in Indonesia based on John Rawls’ theory of justice as fairness, which emphasizes the importance of distributive justice and the equal enjoyment of fundamental rights for all citizens. Inequality in healthcare access remains a serious issue in Indonesia due to the uneven distribution of medical personnel, limited infrastructure, and disparities in service quality across regions. This research employs a normative juridical method with philosophical, conceptual, and statutory approaches, using primary legal sources such as the UUD NRI Tahun 1945, Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan, Undang-Undang Nomor 40 Tahun 2004 tentang Sistem Jaminan Sosial Nasional (SJSN), and Undang-Undang Nomor 6 Tahun 2023 tentang Cipta Kerja. The collection of legal materials was conducted through library research, and the data were analyzed qualitatively by interpreting legal norms and Rawls’ principles of justice in the context of equitable healthcare distribution. The findings show that the application of justice as fairness can be realized through policies promoting the equitable placement of medical personnel in underdeveloped regions, strengthening JKN, and implementing healthcare digitalization. This aligns with Pasal 28H ayat (1) and Pasal 34 ayat (3) UUD 1945, which affirm the State’s responsibility to guarantee every citizen’s right to adequate and equitable healthcare services.
Penerapan Prinsip Pencemar Membayar (Polluters Pay Principle) Pada Kasus Tindak Pidana Kerusakan Lingkungan Dengan Dakwaan Delik Korupsi (Studi Kasus: Gubernur Sulawesi Tenggara) Putri, Syifadilla Subagyo
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.17511463

Abstract

This study examines the application of the Polluter Pays Principle in the case of Nur Alam, former Governor of Southeast Sulawesi, who was convicted of corruption related to mining permits that caused environmental damage. Using a normative juridical approach, this research analyzes Law No. 32 of 2009 and Ministerial Regulation No. 7 of 2014. The findings reveal that ecological losses resulting from corruption should be classified as state losses. However, Indonesia’s legal framework remains weak in integrating environmental aspects into corruption cases involving natural resources.
Perspektif Hukum Joint Venture in Foreign Direct Investment Indonesia-Korea Selatan dalam Industri Baterai Electric Vehicle (EV) Oleh PT HLI Green Power Khairunnisa, Yubistika
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.17462537

Abstract

The global shift towards Electric Vehicles (EV) opens up strategic opportunities for Indonesia to leverage its rich nickel resources in the EV battery industry. This study examines the legal aspects of a joint venture between Indonesia and South Korea through PT HLI Green Power as a form of Foreign Direct Investment (FDI) in the development of the electric vehicle battery industry in Indonesia based on comprehensive legal aspects or relevant legal regulations, including UU No. 25 Tahun 2007 tentang Penanaman Modal, UU No. 40 Tahun 2007 tentang Perseroan Terbatas, UU No. 30 Tahun 2009 tentang Ketenagalistrikan, and other supporting regulations. The results of the study show that the HLI Green Power joint venture is an implementation of strategic collaboration between Hyundai Motor Group, LG Energy Solution, and Indonesia Battery Corporation (IBC). However, there are also challenges in the form of policy uncertainty, trade disputes with the European Union at the WTO, limited charging infrastructure, high costs of electric vehicles, the dominance of foreign investors, and limited local human resource capacity. This study concludes that the success of the joint venture requires consistent government policies, strengthened technology transfer mechanisms, more favorable profit-sharing negotiations, and the development of local human resource capacity to maximize added value for the national economy.
Analisis Legal Standing Pemohon: Studi Putusan MK No. 133/PUU-XXIII/2025 Wulandari, Amalia
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.17411271

Abstract

This study aims to describe the Constitutional Court's considerations in determining the legal standing of the petitioners in Constitutional Court Decision Number 133/PUU-XXIII/2025. Legal standing is a key requirement that determines whether a petition for judicial review of a law can be accepted by the Constitutional Court. This study uses a normative juridical method with a legislative and case-based approach to the decision. The results of the study show that the Court found that the petitioners failed to convince the Court that there was actual or potential damage to their constitutional rights as a result of the implementation of the article being challenged. Therefore, the petition was deemed inadmissible due to the incompleteness of the legal standing requirement as stipulated in Article 51 paragraph (1) of Law Number 24 of 2003. This decision emphasizes the importance of proving the causal relationship between constitutional harm and the norm being challenged in order to maintain the integrity of constitutional justice in Indonesia
The Role of Women in the Domestic and Public Realms Gender Fiqh Perspectives Marwah, Andi; Syatar, Abd; Bakry, Muammar
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.17486480

Abstract

This paper examines the role of women in the domestic and public sphere, aiming to provide an explanation related to matters related to the role of women in the domestic and public sphere. The methodology used in this study is a literature study using a gender fiqh approach, this paper explores how Islamic law can adapt to social changes, without ignoring the principles of sharia sourced from several relevant references to the topic discussed. Data collection techniques come from researching relevant reference sources in the form of journals, articles, websites, books and other scientific works. The analysis technique of this research is through collection, analysis and drawing conclusions. The results of this paper are about the role of women in the domestic sphere and describe the role of women in the public sphere which shows that the dual role of women can be achieved with a more inclusive and equitable approach to women, allowing them to play an active role in various areas of life without facing the double burden and obstacles of patriarchal structures.
Analisis Kepatuhan Pelaku Usaha Terhadap Undang-Undang Perlindungan Konsumen di Indonesia Islami MQ. Baba, Amiruddin
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.17436285

Abstract

This study aims to analyze consumer protection in e-commerce transactions in Indonesia by examining the legal framework, implementation, business compliance, and consumer awareness. Using a descriptive normative approach, the research reviews key regulations such as Law Number 8 of 1999 on Consumer Protection, the Personal Data Protection Law of 2022, and Government Regulation Number 80 of 2019 on Trading Through Electronic Systems. The analysis reveals that although the existing regulations provide a strong legal foundation, their implementation still faces several challenges, including low consumer legal literacy, weak law enforcement, and limited understanding among business actors, particularly MSMEs. Therefore, enhancing consumer protection in the e-commerce sector requires collaboration between the government, business entities, and society, focusing on digital education, transparency, and the strengthening of monitoring and online dispute resolution mechanisms.

Page 67 of 80 | Total Record : 798

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