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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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Klaim Simbolik dalam Relasi Sosial-Politik Indonesia–Malaysia Dewii, Citra Septia; Sabatini, Minerva Laisa; Arsyada, Ruby; Nurlia, Elly
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.17518674

Abstract

The cultural disputes between Indonesia and Malaysia are no longer mere arguments over the origins of batik, reog, or rendang; they mirror a deeper struggle for symbols and meaning within Southeast Asia’s socio-political landscape. Beneath the rhetoric of kinship lies tension over who holds the right to define “heritage” and whose story is recognized by the world. This study explores the symbolic dimensions of these cultural conflicts through a qualitative, literature-based approach that examines media narratives, diplomatic practices, and international legal frameworks. The findings reveal that cultural claims function as political instruments to assert national identity, yet simultaneously open spaces for negotiation and solidarity. When law and diplomacy fall short, culture becomes a living arena where nations contest dignity, memory, and belonging. Within this context, the concept of Shared Culture Diplomacy offers a middle path, inviting both nations to celebrate, rather than contest, their intertwined heritage as a testament to a broader fraternity beyond state boundaries.
Perlindungan Hukum Terhadap Investor dalam Kegiatan Foreign Direct Investment (FDI) Berbentuk Joint Venture: Perbandingan antara Negara Indonesia dan Australia Takke, Shareen Virgita Septalia
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.17462754

Abstract

The purpose of the existence of this study is to analyze towards how the legal protection of foreign investors undertaking Foreign Direct Investment in the form of Joint Venture in Indonesia as well as compare its regulation with the legal framework in Australia. This study uses a normative (doctrinal) type of legal research, which focuses on the analysis of law in books to study the regulations in force. The approach used was a statute approach to research the PM Act, PT Act, FATA, and other regulations, as well as a comparative approach to compare the legal system of Joint Venture investor protection between Indonesia and Australia. Data collection was conducted through library study, including primary (legislative regulations, international agreements) and secondary (journals, books) legal materials. All legal materials were analyzed qualitatively and descriptively, aiming to exhibit the results of the comparison in a structured, systematic, and thorough manner. The results of the study show that Based on the Comparison of the Regulation of Legal Protection of Investors in Foreign Direct Investment (FDI) in the Form of Joint Venture between Indonesia and Australia, it can be noted that there are fundamental differences in the philosophy of investment protection between Indonesia and Australia. Indonesia adheres to a state-controlled regime approach in which the state has predominant authority in supervising and restricting foreign investment in order to protect its economic sovereignty. In contrast, Australia adheres to a risk-based liberal-regulatory approach through the Foreign Acquisitions and Takeovers Act 1975 (FATA) which only intervenes if an investment is assessed as significant action or threatening the national interest (negative test).
Prinsip Non-Interference dan Batas Keterlibatan Politik Multinational Corporation dalam Investasi Asing di Indonesia Choirunnisa, Salsabillah
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.17411682

Abstract

Foreign Direct Investment (FDI) plays a crucial role in driving economic growth, yet Multinational Corporations (MNCs) act not only as economic entities but also as political actors capable of influencing public policy within host states. This study examines the Non-Interference Principle and the limits of political involvement by MNCs in the context of foreign investment in Indonesia. Employing a normative juridical and conceptual approach, the research analyzes international and national instruments. The findings reveal that although MNCs are universally prohibited from interfering in the internal political affairs of host states, the absence of explicit, binding provisions regarding political non-interference within Indonesia’s investment law has created significant ambiguity concerning corporate political conduct. This ambiguity opens space for regulatory capture and political lobbying, potentially undermining state sovereignty and public accountability. Strengthening domestic legal norms is therefore essential to ensure the political neutrality of foreign investors and to maintain a stable and equitable investment climate in Indonesia.
Sertipikat Elektronik: Transformasi Digital, Kepastian Hukum, dan Tantangan Implementasi dalam Sistem Administrasi Pertanahan di Gorontalo Andhika, Trezy; Isa, Rusli
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.17499101

Abstract

The acceleration of digital transformation in Indonesia’s land administration has led to the adoption of electronic land certificates (sertipikat elektronik) as a form of public service modernization aimed at enhancing bureaucratic efficiency, service transparency, and legal certainty for landholders. At the regional level—particularly in Gorontalo City—the implementation of this policy is of special interest, as the area serves as the economic and administrative center of Gorontalo Province, characterized by high urbanization rates and active land transactions. This study aims to academically analyze the dynamics of electronic certificate implementation in Gorontalo City by examining regulatory aspects, institutional readiness, public understanding, and technological infrastructure. The research employs a normative-analytical approach based on a review of recent scholarly literature (2020–2025) and secondary empirical data from the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and the Gorontalo City Land Office. The findings indicate that while the electronic land certificate policy offers significant potential to improve public service delivery and legal protection, its implementation in Gorontalo City remains constrained by structural challenges such as technological infrastructure capacity, limited human resources, gaps in public digital literacy, and suboptimal synchronization of land data systems. Therefore, the successful implementation of electronic certificates in Gorontalo City requires not only a robust legal foundation but also strong local policy support, bureaucratic preparedness, and heightened public awareness as service users.
Mekanisme Penerapan Smart Contract pada Joint Venture dalam Penanaman Modal Asing sebagai Inovasi Hukum bagi Ekonomi Hijau Indonesia Eva Putri, Catharina Crisanty
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.17460931

Abstract

The digital transformation of the global economy has driven the emergence of technology-based legal innovations, one of which is the implementation of smart contracts in Foreign Direct Investment (FDI) activities. This study aims to analyze the mechanism of smart contract implementation within FDI-based joint venture schemes in Indonesia and to assess its role in promoting the green economy. The research employs a normative and conceptual juridical approach by examining legislation, legal doctrines, and practical applications of smart contracts in the investment sector. The findings indicate that smart contracts, as automated electronic agreements based on blockchain technology, are capable of independently executing contractual terms once the agreed conditions are fulfilled. The integration of oracle systems enables real-time verification of administrative, financial, and environmental processes, thereby enhancing efficiency, transparency, and accountability in cross-border investments. The application of smart contracts in FDI joint ventures has the potential to strengthen legal certainty, reduce bureaucratic risks and moral hazards, and promote sustainable investment practices aligned with low-carbon economic principles as mandated by Presidential Regulation No. 98 of 2021 on Carbon Economic Value. Despite its promising potential, the implementation of smart contracts in Indonesia still faces several challenges, including normative gaps, the absence of legal standards governing oracle status, and limited digital infrastructure readiness.
Prinsip Fair and Equitable Treatment Sebagai Pembatas Host State Control Dalam Terminasi Kontrak Investasi Azizah, Hasna
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.17462914

Abstract

Foreign investment plays a crucial role in national economic development, however, its implementation often involves tensions between the legal protection for investors and the host states’s sovereign right to control investment flows within its own jurisdiction in pursuit of national interests. To reconcile this potential conflict, Bilateral Investment Treaties (BITs) are established, to provide protection for foreign investors. These BITs incorporate the principle of Fair Equitable Treatment,which emphasize the host state’s obligation to act consistently, fairly and non-discriminatorily in regulating investments within its territory. This study analyzes the FET principle as a limitation on the host state authority to terminate investment contract. Using a normative juridical approach, this study examines the dynamics between a state's right to control foreign investment and the limitations imposed by the principle of Fair and Equitable Treatment. The results of this study provide a deeper understanding of Fair and Equitable Treatment, which function as a legal framework that ensures investor protection by encouraging host countries to implement transparency, due process, and fair treatment when terminating investment contracts.
Reformasi Sistem OSS dan Perizinan Berusaha Peraturan Pemerintah (PP) Nomor 28 Tahun 2025 tentang Penyelenggaraan Perizinan Berusaha Berbasis Risiko untuk Meningkatkan Invetasi Asing di Indonesia Y, Yuliana
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.17413693

Abstract

This journal analyzes the fundamental reform brought by Government Regulation Number 28 of 2025 (GR 28/2025) to the Online Single Submission system (OSS) and Risk-Based Business Licensing (PBBR), and its impact on increasing Foreign Direct Investment (FDI) in Indonesia. This normative-doctrinal legal research analyzes the consistency and effectiveness of the new norms, supplemented by a socio-legal approach concerning the economic implications of investment policies. The findings indicate that GR 28/2025 codifies legal certainty guarantees through the establishment of strict Service Level Agreements (SLA) and the implementation of Positive Fictitious (FikPos) mechanisms in critical basic licensing stages (such as Marine Spatial Utilization Conformity Approval and High-Risk Permits), which significantly reduces the risks associated with time costs and bureaucratic coordination. Furthermore, the centralization of PB issuance authority for FDI to the Central OSS Institution (Article 138) functions as a legal shield to mitigate sub-national policy inconsistency. Although this reform is supported by a more flexible initial capital policy (Minister of Investment Regulation/BKPM 5/2025), the optimal success of increasing FDI depends critically on the speed of digital system synchronization and compliance with the implementation of national standards (NSPK) by Regional Governments, which must be accelerated within the 4-month transition period since the GR was enacted.
Junta Myanmar Akhiri Status Darurat: Manuver Politik Menuju Pemilu yang Dipertanyakan Salsabilla, Tiara Zahira; Nurlia, Elly; Anastasya, Rahma Erliana; Lestari, Ananda Chanaya Meutya
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.17500089

Abstract

On July 31, 2025, Myanmar’s military junta, the State Administration Council (SAC), officially ended the state of emergency imposed since the February 1, 2021 coup, which ousted Aung San Suu Kyi’s National League for Democracy (NLD) government. This move, accompanied by plans for a caretaker administration and elections scheduled for December 28, 2025, and January 2026, is framed as a transition to democracy. However, this study, grounded in Hans Morgenthau’s Political Realism, argues it is a strategic maneuver to consolidate military power amid domestic resistance, ethnic conflicts, and international pressure. The coup, justified by alleged electoral fraud despite lacking evidence, triggered widespread civil unrest, armed conflict, and a humanitarian crisis, displacing millions. Using a qualitative descriptive method with a literature review, this research analyzes lhistorical context, junta strategies, potential electoral injustices, international responses, and regional stability impacts. Key theory  realist indicators: Balance of Power, Self-Interest and Survival, and International Anarchy reveal how the junta leverages alliances (e.g., with China) to counter Western sanctions, prioritizes survival over human rights, and exploits a fragmented global response. Findings suggest the elections may deepen ethnic divisions and instability, challenging ASEAN’s non-interference stance and highlighting the fragility of democratic transitions in Southeast Asia. The study calls for enhanced international pressure and inclusive dialogue to avert prolonged conflict.
Pengaruh Law and Order Situation Terhadap Foreign Direct Investment (FDI) di Indonesia Faradila, Mutia
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.17462131

Abstract

 In this research the author will discuss about the influence of one of the risks that is The law and order situation on investment protection in Indonesia. The authors in this study used a normative legal research method, i.e. research focused on the study of prevailing positive legal norms as well as relevant legal doctrines.Overall, foreign capital investment or FDI has a major role in boosting Indonesia’s economic growth through job creation, skill improvement and employment generation. Additionally the injection of foreign capital or Foreign Direct Investment (FDI) is highly affected by the legal, political, and security conditions of a country. Foreign investors will invest their capital only if they feel safe and confident that the destination country has strong law enforcement as well as a stable law and order situation. However, in Indonesia, various issues such as overlapping land permits, agrarian conflicts, weak protection of indigenous peoples’ rights, to the emergence of armed conflicts such as the activities of Armed Criminal Groups (ACC) in Papua, pose serious challenges for investment stability. Inconsistent law and order conditions often give rise to legal uncertainty and reduce the interest of foreign investors to invest.
Perlindungan Hukum Hak Cipta Lagu/Musik atas Royalti dalam Perspektif Teori Keadilan Menurut Undang-Undang No. 28 Tahun 2014 Tentang Hak Cipt Ramadani, Muhammad Aru; H, Hartana; Setiawan, Puguh Aji Hari
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.16760870

Abstract

In addition to bullying, pressures in work, family, education, dating problems and economic problems, can support the occurrence of mental disorders, in addition to that there are other factors that can affect one’s mentality such as hereditary or genetic. In an era that is technologically advanced and based on reeconomy and employment sectors where many human job positions are being replaced by technology or robots, as well as the ease of society in accessing various platforms thus triggering and creating a real social disparity value, this convenience of less or less supportive families is as much a pro in the environment. tracing the development of the times, Many pressures come from close people such as family, social and life environment that makes some people lose their health and affect their mental health, this journal discusses the legal implications if it happens to people in mental disorders (ODGJ), deciding to step into the next stage as well as handling it medically if it is felt to need help, as well as when is the right time to go to a professional personnel such as a psychiatrist in order to get the right handling in order to recover and prevent anything else bad from happening.

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