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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 872 Documents
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Justice in the Allocation of Public Facilities: A Legal-Philosophical Analysis of Rights and Social Interests (A Case Study on the Use of Strobe Lights and Escort Patrols by Government Officials) 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.17528888

Abstract

This study analyzes the distribution of justice in the use of public facilities through a legal-philosophical approach, focusing on the use of strobe lights and police escorts by government officials. The objective is to evaluate the implementation of justice principles in legal and social contexts, particularly regarding equal public rights. The research employs a normative juridical method through statutory and literature approaches. The findings reveal that the misuse of public facilities by officials outside emergency situations constitutes a violation of social justice and human rights principles. Therefore, consistent and transparent law enforcement is needed to ensure equality and justice in public life.
Kasus Penganiayaan Berat Mario Dandy Satriyo Terhadap Cristalino David Ozora Rumahorbo, Liberti; Yusuf, Hudi
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

Abstract

The case of severe persecution committed by Mario Dandy Satriyo against Cristalino David Ozora shocked the Indonesian public. The incident was not only a legal concern, but also opened up criminological and social discussions regarding violence, abuse of power, and social inequality. This article discusses the background, legal process, as well as the social and legal impact of the case. Criminological and juridical analysis approaches are used to understand the causes and their implications as well as their prevention solutions in the future.
Geopolitik Perbatasan Indonesia–Malaysia: Studi Kasus Konflik Ambalat Prihatna, Dwi; Nazori, Nauval; Zidan, Yazid; 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.17529521

Abstract

The This study analyzes the geopolitics behind the Ambalat Block dispute between Indonesia and Malaysia using a descriptive qualitative approach and a literature review (2019–2025). The study examines historical context, international legal frameworks, domestic political influences, resource-driven incentives (oil and gas), and dispute-settlement options including bilateral negotiation, arbitration, and joint development. Findings indicate that economic interests, domestic politics, and technical uncertainties necessitate pragmatic cooperative mechanisms such as joint development and strengthened maritime legal documentation. Recommendations include comprehensive baseline registration, enhanced technical diplomacy, and inter-agency confidence-building
Kedudukan Hukum PT Maspion Dalam Sengketa Perpanjangan Hak Guna Bangunan (HGB) di Atas Hak Pengelolaan (HPL) (Kasus Surabaya): Perspektif Kepastian Hukum dan Perlindungan Hak Rabiah, Salwa; Fedira, Revania; Sedyo, Nastiti Respati; Tarina, Dwi Desi Yayi
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.17542915

Abstract

This study examines the legal status of Building Use Rights (HGB) over Management Rights (HPL) and its implications for legal certainty in Indonesia’s agrarian system through the case analysis of PT Maspion vs. Surabaya City Government. HGB over HPL is a derivative right dependent on the HPL holder’s authority but remains an independent right with economic value. The differing rulings between the Administrative Court and the Supreme Court reveal inconsistencies in legal interpretation, creating uncertainty for rights holders. Therefore, clearer and more comprehensive regulations on the extension mechanism of HGB over HPL are needed to ensure legal protection, fairness, and investment stability in land law.
Tinjauan Hukum Islam terhadap Praktik ODOL (Over Dimension Over Load) dalam Angkutan Barang di Indonesia: Analisis Maqashid Syari’ah dan Dampaknya terhadap Keselamatan Publik ‘Arifin, Muhammad Tajul
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.17559767

Abstract

The practice of Over Dimension and Over Load (ODOL) in freight transportation in Indonesia represents a serious issue within the transportation sector, as it directly contributes to infrastructure damage and increases the risk of traffic accidents. Despite government efforts to regulate and mitigate ODOL practices through various policies and regulations, violations remain widespread. This study aims to examine ODOL practices from the perspective of Islamic law using the maqāṣid al-sharī‘ah approach, particularly concerning the protection of life (ḥifẓ al-nafs) and property (ḥifẓ al-māl), as well as the broader objective of maintaining public welfare (maṣlaḥah ‘āmmah). The research employs a qualitative method with a juridical–sharī‘ah approach. Data were collected through a literature review of classical and contemporary fiqh sources, statutory regulations, and relevant academic references. The findings reveal that ODOL practices contradict the principles of maqāṣid al-sharī‘ah as they entail harm (mafsadah), cause losses to others, and constitute a breach of social trust. Moreover, ODOL represents noncompliance with legitimate governmental regulations, which, according to Islamic teachings, must be obeyed as long as they do not conflict with the sharī‘ah. Therefore, from a normative Islamic legal perspective, ODOL practices are deemed impermissible as they violate the principles of justice, safety, and public welfare.
Living Hadis dalam Pembentukan Islam: Teori, Praktik, dan Tantangan Rafli, Rahmat; Ahmad, La Ode Ismail; Usman Ali, Asiqoh
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.17539278

Abstract

Living Hadith refers to the actualization of the Prophet Muhammad’s sayings and teachings within the social, cultural, educational, and da’wah life of Muslim communities. This approach emphasizes that hadith is not merely a textual tradition but a living guide manifested in daily religious and social practices. Through rituals such as the Prophet’s Birthday (Maulid), communal prayers (tahlilan), almsgiving, and grave visits, hadith becomes a moral and spiritual source shaping Muslim character and social solidarity. In education and da’wah, hadith values are internalized through learning, role modeling, and digital media. However, the development of Living Hadith faces academic challenges due to the lack of standardized methodology, as well as socio-cultural issues like syncretism and misinterpretation. Modernity and globalization also demand new interpretations to ensure the relevance of hadith in the digital era. This study concludes that Living Hadith serves as a bridge between divine revelation and social reality, portraying Islam as a dynamic, contextual, and universal religion of mercy (rahmatan lil ‘alamin).
Tinjauan Yuridis Terhadap Sengketa Hak atas Tanah SMAN 1 Bandung: Analisis Kedudukan Hukum Hak Guna Bangunan dan Hak Pakai Rahman, Naila Kamila; Elvira, Olga; Fatimah, Ghefira Nur; Tarina, Dwi Desi Yayi
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.17539503

Abstract

The land dispute between SMAN 1 Bandung and the Perkumpulan Lyceum Kristen (PLK) is the main focus of this juridical analysis, highlighting the complexity of agrarian conflicts involving overlapping land rights between public and private interests. SMAN 1 Bandung bases its ownership on a Right-to-Use Certificate (Sertifikat Hak Pakai) issued by the National Land Agency (BPN) of Bandung City , while PLK claims its rights based on a historical Right-to-Build Certificate (Sertifikat Hak Guna Bangunan - SHGB) held by its predecessor, Het Christelijk Lyceum (HCL). This research employs a normative juridical method with statutory, case, and historical approaches to analyze the legal status of each right and the legal challenges faced by the government. The analysis shows that the Right-to-Use Certificate held by the government has valid and binding legal force based on the principle of presumption of legality (praduga rechtmatig), as long as it has not been annulled by a courth decision. On the other hand, PLK's historical claim presents challenges in the form of dual certificates and a burden of proof for the government. The solution for the government is to strengthen its arguments regarding the validity of the Right-to-Use Certificate, the principle of the social function of land for educational purposes, and the physical, bona fide possession of the land for decades.
Pertanggungjawaban Pidana atas Kejahatan Terhadap Kemanusiaan dalam Perspektif Hukum Pidana Internasional (Studi Kasus Penangkapan Presiden Hissène Habré ) 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.17572867

Abstract

This research examines the concept of individual criminal responsibility for crimes against humanity within the framework of international criminal law as outlined in the Rome Statute of 1998. It also analyzes the application of this principle through the case of President Hissène Habré of Chad, which stands as a landmark in international justice. The study finds that crimes against humanity are grave offenses committed on a widespread and systematic scale, where perpetrators can be held accountable regardless of rank or political authority. The principle of individual criminal responsibility affirms that state officials, including heads of state, are not immune from prosecution for serious violations of human rights.
Eksistensi Hukum dalam Hidup Bermasyarakat di Era Digitalisasi Ardyawati, Atha Hukama; Syahidana, Sahara Islami; Vimala Bulan, Miranda Eryna; Cahayo, Raul Gindo
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.17573209

Abstract

The digital revolution has created a virtual space that fundamentally transforms social interactions and gives rise to new norms, such as the phenomenon of cancel culture. This rapid dynamic creates a legal vacuum where conventional regulations, like the Information and Electronic Transactions Law (UU ITE), are considered outdated, prone to multiple interpretations, and less effective in responding to cybercrime and personal data protection issues. This article aims to review and reaffirm the existence of formal law as the primary guarantor of order and justice in the digital era. This research was conducted using a normative juridical method, employing a statutory and conceptual approach, to analyze the adaptation of legal rules to the complexity of cyberspace, including challenges of international jurisdiction and the limitations of law enforcement officials. The research results affirm that the existence of law is an absolute necessity realized through adaptive regulation. This is marked by the renewal of the UU ITE and the establishment of the Personal Data Protection Law (UU PDP) as legal milestones in the formalization of digital norms. However, the effectiveness of law in regulating the virtual space is not solely dependent on juridical legal instruments. The success of the law actually lies in a tripartite synergy between legal authority exercised by the state, the improvement of individual digital literacy and ethical awareness, and active supervision initiated by the community. This synergy between law, power, and social norms becomes the essential foundation for building a healthy, inclusive, and just digital space.
Peran dan Kewenangan Wali Hakim Kepala Kantor Urusan Agama (KUA) dalam Menyelesaikan Permasalahan Wali Nasab yang Berbeda Agama dalam Pernikahan: Studi Kasus KUA Ciracas Sidiq, Muhamad; Na’imah, Farida Ulvi
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.17590553

Abstract

This research aims to analyze the role and authority of the wali hakim (judge guardian) at the Office of Religious Affairs (KUA) in resolving issues concerning wali nasab (lineage guardian) of different religions in marriage, with a case study at KUA Ciracas, East Jakarta. The research focuses on understanding the mechanism of transferring wali nasab to wali hakim based on Article 23 of the Compilation of Islamic Law (KHI) and the Islamic jurisprudence perspective on this phenomenon. The research method employed is a qualitative approach with data collection techniques including in-depth interviews, participatory observation, and document study. The results show that the transfer of wali nasab to wali hakim occurs when the wali nasab is unable to fulfill their duties, especially in cases of religious differences between the wali nasab and the prospective bride or groom. Factors causing this transfer include the absence of the wali nasab, rejection by the wali nasab due to religious differences, and complex socio-cultural conditions. From a fiqh perspective, the transfer is permitted to ensure the validity of the marriage and protect the rights of the prospective bride or groom. However, the legal status of this transfer becomes controversial when a wali ab'ad (distant guardian) still exists, requiring deep interpretation based on fiqh principles and Article 23 of the KHI.

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