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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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Analisis Perkembangan Komunikasi Demokrasi di Era Reformasi Dengan Prinsip-Prinsip Masyarakat Berdemokrasi dan Negara Hukum Sesuai Undang-Undang Dasar Republik Indonesia 1945 Triadi, Irwan; Fiandie, Ursula Jacqueline
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12572772

Abstract

This research aims to highlight and classify differences in communication styles as an indication of the orderly and free functioning of democracy in accordance with the principles of democracy and the rule of law according to Constitutional Law experts. The research method used is a normative juridical method by linking the principles of the 1945 Constitution and the doctrines of experts that are in line with the topic of discussion. The research method used by the author is a normative juridical method. The normative juridical research method involves legal research carried out through library research, where the main material to be analyzed is collected by searching for regulations and literature related to the problem being studied. The normative juridical method is used by observing and processing the process of implementing ideal democracy in national and state life. As a country that upholds the principles of democracy, freedom to express opinions has been the right of the Indonesian people since the time we succeeded in winning national independence. Even though freedom of opinion is something that is an indicator of the functioning of democracy in a country, it is important to remember that freedom of opinion must also pay attention to ethics and morals in its delivery. The concept of freedom of opinion must comply with Pancasila democracy.
Validitas Bukti Digital dan Legalitas Penangkapan Pada Kasus Peretasan Akun Media Sosial Ravio Patra Maharani, Nurrachma; Lamminar, Anatasia; Christiansen, Nicholas; Rafidah, Annisa Rahma; Nurrachman, Azzahra; Nugroho, Andriyanto Adhi
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11535188

Abstract

Instant Messaging (IM) technology such as WhatsApp has grown rapidly, but it has also become a medium for cybercrime. This research examines the validity of digital evidence and the legality of arrest in the case of hacking the social media account of Ravio Patra, an activist accused of spreading provocation through WhatsApp after his account was hacked. Using a juridical-normative method, this research examines the types of digital evidence that are valid in Indonesia as well as aspects of the legality of arrests based on digital evidence. Relevant types of digital evidence include server log records, account activity, digital messages, and metadata. The validity of digital evidence is governed by the Electronic Information and Transaction Law (UU ITE) and the Criminal Procedure Code (KUHAP). Authentication processes are essential to ensure data integrity, but are often questioned due to the potential for manipulation. The Ravio Patra case shows the importance of legality in arrest and fair evidence collection. The identification of the actual perpetrator is crucial to prove the guilt or innocence of the accused. This research highlights the need for clear regulations and transparency in the management of digital evidence, as well as updates to legal regulations that are responsive to developments in information technology. Suggestions are given to strengthen regulations, ensure transparent processes, and provide regular training for law enforcement to handle digital evidence professionally and effectively
Pertanggungjawaban Hukum Bank atas Kelalaian Melaksanakan Identifikasi dan Verifikasi dalam Penyelenggaraan Layanan Perbankan Digital Tanudiharja, Gabriella Fransisca; Handayani, Tri; Yuanitasari, Deviana
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13829727

Abstract

This research highlights the obligation of banks to identify and verify prospective or existing customers when conducting business relationships through digital services, as an implementation of the prudential principle based on POJK No. 21 of 2023. The purpose of this research is to explain these identification and verification obligations and to elaborate on the bank's liability in the event of errors and/or negligence in performing these duties in accordance with POJK No. 22 of 2023. The method used is normative juridical method with a literature-based approach, the study analyzes relevant legal materials. The research show that banks are liable for customer losses due to improper identification and verification but may be exempt if contributory negligence by the customer is proven. The research recommends strengthening prudential practices and internal oversight in Indonesian banking.
Urgensi Peningkatan Kesejahteraan Bagi Profesi Jurnalis Sebagai Bentuk Pemenuhan Hak Tenaga Kerja di Indonesia Sandiah, Rara Siti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11765737

Abstract

Journalists play an important role in democracy and society, yet they often work in unfavorable conditions with low salaries, long working hours, and lack of social protection. The purpose of this research is to contribute to understanding the complexity of journalists' welfare issues in Indonesia, as well as to encourage concrete efforts to improve legal protection of labor rights for the journalist profession. The research method used is normative legal research method. The results show that the factors causing the lack of journalists' welfare include exploitation by media companies, the lack of role of trade unions and journalists' low understanding of their rights. For this reason, it requires an active role and joint commitment from various parties such as the government, media companies, journalist organizations, and journalists themselves who need to understand and protect labor rights.
Penjualan Objek Jaminan Tanpa Persetujuan Debitur Dalam Perjanjian Utang Piutang Ditinjau dari Hukum Perjanjian dan Hukum Jaminan Liu, Anisya Rua Ratu; Suparto, Susilowati; Wiyono, Sridewi Anggraeni
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12173889

Abstract

The life of a person or company is inseparable from debt and credit transactions with the background of fulfilling a daily need. Business entities or people in conducting lending and borrowing activities that provide loan services, do not want the money loaned to just disappear without a reciprocal relationship between the borrower and the provider of funds. In fact, generally borrowers can pledge goods or assets owned as collateral if one day they cannot redeem or fulfil their obligations. Collateral that is sold without the consent of the owner can have legal consequences on the sale and ownership of the collateral. The purpose of this research is to examine and determine the legal status of ownership collateral objects sold by creditors to other parties without the consent of the debtor in a debt and credit agreement, as well as the creditor’s responsibility to the debtor who owns the collateral as the injured party from the sale of the collateral object without the debtor’s consent in terms of agreement law and collateral law. The research method used is using a normative juridical approach by using research result, works of legal experts, and library material that use secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results showed that the legal status of ownership of the object of collateral obtained by unlawful acts from the sale and purchase of collateral object that are being encumbered by debt and credit guarantees is declared legally invalid and ownership remains according to the Certificate of Title, namely the debtor in the debt and credit agreement as the owner of the land. The creditor’s responsibility towards the debtor as the injured party in the sale of the collateral object in the debt agreement is to provide immaterial compensation in the form of returning and surrendering land ownership by the land buyer to the land owner, namely the debtor in the debt and credit agreement as well as a statement from the judge’s decision that the creditor has committed an unlawful act by selling the land that is being encumbered by collateral.
Implementasi Nilai-Nilai Kebangsaan Bersumber UUD 45 dan NKRI Pada Peran Manajemen Sekuriti Guna Meningkatkan Kesadaran, Keamanan Data Pribadi Media Sosial Instagram Naomira, Allysa Devia; Soesanto, Edy; Vilani, Laurencia
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11209977

Abstract

In the digital era which is increasingly developing rapidly, information technology and the internet have revolutionized the way humans communicate. One of the impacts is the emergence of social media as the main platform for interacting and exchanging information. Social media such as Instagram has become an inseparable part of human life. This platform is not only a means of obtaining information, but also a forum for sharing and disseminating information to a wide audience. However, easy access to information on social media, including personal data and privacy, opens up opportunities for abuse. This needs to be taken care of so that interactions on social media are safe and avoid danger. Personal data is an important element of human rights, closely tied to personal rights and the right to privacy. This is confirmed in the 1945 Constitution and human rights principles which guarantee security for every individual. In Indonesia, personal data protection is still weak, the personal data law has just been enacted in Law no. 27 of 2022 concerning Personal Data Protection. as one source of leakage of personal data information due to low awareness of users regarding personal data security. This is made worse by the lack of education and training from Instagram.
Tren Fintech Terhadap Crowdfunding dan Blockchain di Era Revolusi Industri 4.0 Respati, Adnasohn Aqilla; Seraf, Yudea Maruli; Gracy, Clony Christy; Nugroho, Andriyanto Adhi
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12532956

Abstract

Through research In this article, readers can understand FinTech and its innovations, such as understanding Crowdfunding and Blockchain. Talking about innovation in FinTech in a nutshell is an important part of finance, including asset aggregation, market making, risk management, and information clearing. Then this article also discusses the scope of crowdfunding and blockchain. The discussion regarding crowdfunding points to financial technology in the form of fintech innovation which does not eliminate the need for financial intermediaries. The aim of this research is to understand the topic of Financial Technology and the development of FinTech and show readers that modern studies of FinTech are fragmented with a controlled and structured theoretical basis. Through this research, the author uses normative research, which means that problems will be raised, discussed and explained focusing on the application of rules or norms in positive law in Indonesia.
Implementasi Kebijakan Bantuan Pangan Non Tunai Dalam Menanggulangi Kemiskinan di Kecamatan Kota Barat Kota Gorontalo Pawawo, Aling S.; Tahir, Arifin; Sulila, Ismet
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11445884

Abstract

This research aims to describe (1) the stages of implementing the Non-Cash Food Assistance policy in overcoming poverty in Kota Barat District, Gorontalo City (2) the determining factors for the success of implementing the Non-Cash Food Assistance policy in overcoming poverty in Kota Barat District, Gorontalo City, looking at communication aspects, sources power, disposition, and bureaucratic structure. The approach in this research uses a qualitative approach with descriptive research type. Data collection in research uses observation, interview and documentation techniques. The results of this research are (1) Stages of implementing the Non-Cash Food Assistance policy in overcoming poverty in Kota Barat District, Gorontalo City, which consists of stages, namely registration/preparation, socialization and education, distribution, and purchase of goods/utilization. These four stages have been carried out in accordance with existing policies. (2) The determining factors for the success of implementing the Non-Cash Food Assistance policy in overcoming poverty in Kota Barat District, Gorontalo City are seen from the aspects of communication, resources, disposition or attitude of implementers, as well as the bureaucratic structure which is quite good. However, there needs to be more communication in terms of socialization and education held by the West City sub-district and local sub-districts.
Perlindungan Tenaga Kerja Migran Dari Kejahatan Lintas Negara Dalam Upaya Penegakan Hak Asasi Manusia Auliaillah, Dhini; Ilmih, Andi Aina
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12744633

Abstract

Every sovereign state has characteristics that identify it as an independent entity. Among them are the existence of residents or citizens, jurisdiction covering sea, land and air, as well as government structures regulated by their respective national laws. The constitution is the juridical, philosophical and sociological basis for organizing the lives and welfare of its citizens. Citizens of a country are not only subject to positive law or their own national law, but also to international law voluntarily, although it is not absolutely binding. Various conventions under the auspices of international organizations such as the UN have been agreed to comply with universal rules, such as conventions that protect workers or migrant workers who operate across jurisdictions between countries. In the context of protecting transnational migrant workers, it is important to understand legal arrangements from both national and international perspectives. In Indonesia, legal arrangements for migrant workers are regulated in various laws such as the Immigration Law, Employment Law, Smuggling Law, as well as various articles in the Criminal Code.
Analisis Hukum Sebagai Agen Pengendali Sosial Dalam Masyarakat Ditinjau Dari Sosiologi Hukum Sapanah, Mawar
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11667085

Abstract

This article aims to fulfill the final exam assignment of the semester, the fourth semester of Law and society taught by lecturer Kayus Kayowuan Lewoleba S.H,.M.H. as well as additional knowledge for us about the importance of law, from the perspective of legal sociology, as a means of social control in society. the method used by the author is Normative legal research, often known as normative juridical research, is the methodology used. Normative juridical research method is a type of legal research conducted solely using secondary data or library materials. The purpose of this research is to collect relevant sources in the form of theories, conceptions, legal guidelines, and legal principles. The author takes data collection through library research, namely research sources in the form of reading journals and books that discuss with Law can control human behavior, which is why law is called a social control agent. This action can be considered a positive action because it deviates from the law. Therefore, the law has the authority to punish or penalize individuals who violate the law (offense). This implies that in order for society to achieve peace together, the law must play a role in guiding members of society to act and behave in accordance with the law.

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