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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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Tantangan Implementasi Yurisdiksi ICC dalam Penegakan Hukum atas Kejahatan Genosida di Negara Non-Pihak Anisah, Aura; Wahdah, Azzhara Nikita; Nirwana, Rena Putri; Arini, Dita Rosalia
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.17569239

Abstract

The International Criminal Court (ICC) is a permanent judicial institution established under the 1998 Rome Statute, with a mandate to try serious crimes such as genocide, crimes against humanity, and war crimes. Although ICC jurisdiction formally applies to states parties to the Rome Statute, the crime of genocide occurring in non-party countries remains a global concern. This article examines how the ICC can exercise its jurisdiction over individuals from non-party states through a normative juridical approach, reviewing the principles of universality, the principle of state responsibility, and the principle of non-impunity as the basis for the legitimacy of international law. This research shows that the ICC has several mechanisms to overcome the limitations of formal jurisdiction, including through referrals to the UN Security Council, territorial jurisdiction if some elements of the crime occur in the state party, personal jurisdiction over the perpetrator who is a citizen of the state party, and ad hoc approval based on the Rome Statute. Nonetheless, the implementation of ICC law enforcement challenges against non-party states faces significant obstacles, including the denial of cooperation based on state sovereignty, geopolitical bias in the Security Council, and imbalances between large and small states in international law enforcement. In this study, it is emphasised that the ICC remains relevant as a complementary instrument when the national legal system is unable or unwilling to take action against the perpetrators of genocide. Reform of jurisdictional mechanisms and increased international cooperation are key to strengthening the ICC's effectiveness in upholding global justice and preventing impunity for serious crimes.
Analisis Yuridis terhadap Kohabitasi sebagai Tindak Pidana dalam Pasal 412 KUHP Baru Putri, Dita Melati; Junaidy, Abdul Basith
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

Indonesia has officially enacted the Draft Criminal Code (RKUHP), which includes various updates to the existing Criminal Code (KUHP). One article that has attracted significant attention is the provision on cohabitation in Article 412. Cohabitation is a complex issue in Indonesia, taking into account social, cultural, moral, and legal values. Cohabitation, or living together without a formal marriage bond, has increasingly become a source of concern in society. The enactment of Article 412 of the Criminal Code reflects a legal response to this phenomenon. The research method used is a normative approach, referring to primary legal materials (the Criminal Code) and secondary sources (previous studies) to provide a deeper understanding of the legal implications related to cohabitation. The research findings indicate a significant increase in the prevalence of cohabitation in major Indonesian cities, which may negatively impact public morality, the spread of sexually transmitted diseases, and the rise of criminal activity. The conclusion of this study is that the enactment of Article 412 provides a clear legal basis for criminalizing cohabitation as an offense aimed at addressing its negative impacts while taking into account the social, cultural, and moral values upheld by Indonesian society.
Konflik Antara Proteksionisme dan Prinsip National Treatment dalam Hukum Perdagangan Internasional (Studi Kasus: Penerapan Prinsip National Treatment dalam Kasus Sengketa Importasi Minuman Beralkohol antara Jepang dan Kanada di WTO) 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.17572637

Abstract

This study examines the conflict between protectionist policies and the implementation of the National Treatment principle within the international trade law framework, focusing on the alcohol import dispute between Japan and Canada at the WTO. The case highlights Japan’s tension between protecting domestic industries through fiscal measures and its international obligation to treat imported goods equally. Using a normative juridical and case study approach, the analysis finds that Japan’s alcohol tax system violated Article III of GATT 1994 by indirectly discriminating against foreign products. The WTO ruling reaffirmed the importance of the non-discrimination principle as a cornerstone of fair global trade. This research emphasizes the necessity of balancing national economic protection and adherence to international trade norms to ensure a fair and sustainable multilateral trading system.
The Study of Natural Law in The Philosophy of Law on Legal Thought in Indonesia Wahdah, Azzhara Nikita; 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.17610564

Abstract

This study explores the relevance and contribution of natural law theory to the development of a just legal system in Indonesia, particularly in the context of human rights protection. Employing a normative juridical approach and literature review spanning classical to contemporary legal philosophy, the article examines natural law principles as a universal and enduring moral foundation. The findings reveal that both irrational natural law—rooted in divine values—and rational natural law—derived from human reason—hold significant potential to reinforce the legitimacy of Indonesia’s positive law. While structural and cultural challenges hinder the integration of natural law into the national legal framework, opportunities arise through the enhancement of justice-oriented regulations, recognition of customary law, and the adoption of restorative justice principles. The study advocates for harmonizing positive law with natural law values as a strategic pathway toward inclusive legal reform centered on human dignity.
A Juridico-Philosophical Examination of the Death Penalty within the Framework of Legal Philosophy A, Annisa; 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.17614716

Abstract

The death penalty remains one of the most controversial forms of criminal punishment within Indonesia’s legal system, provoking longstanding debates from both juridical and philosophical perspectives. On one hand, the state continues to uphold capital punishment as an instrument to maintain public order and provide a deterrent effect against perpetrators of extraordinary crimes. On the other hand, there are views that regard the death penalty as contradictory to humanitarian values and the fundamental human right to life. This study aims to analyze the regulation of the death penalty in Indonesia’s positive law and to examine its existence from the perspective of legal philosophy, particularly through the lenses of utilitarianism, retributivism, and humanism. This research employs a normative juridical method with a statute approach and a conceptual approach. The data were obtained through an analysis of relevant statutory provisions, such as the Indonesian Criminal Code (KUHP), Law No. 39 of 1999 concerning Human Rights, and judicial decisions related to the implementation of capital punishment in Indonesia. The results indicate that the regulation of the death penalty in Indonesia has undergone a paradigm shift toward a more humanistic approach, as reflected in the 2023 Criminal Code, which provides a ten-year probationary period for death row inmates. From a philosophical standpoint, capital punishment can be justified within utilitarian and retributive frameworks as long as it serves to protect society and uphold justice. However, the humanist view rejects its existence, emphasizing that the right to life is non-derogable and cannot be taken away by the state. Therefore, the existence of the death penalty in Indonesia reflects an ongoing effort to balance justice, utility, and humanity. 
Krisis Moralitas dalam Penegakan Hukum dan Relevansi Filsafat Hukum Pancasila Sebagai Solusi Rubianti, Vaganti Safa Sukma
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.17606573

Abstract

 Law enforcement in Indonesia frequently faces a moral crisis that results in an imbalance between positive law and the public's sense of justice. In this context, the Pancasila Legal Philosophy plays a fundamental role as an ethical basis and moral guideline in building a just national legal system. This study aims to analyze how the Pancasila Legal Philosophy explains the relationship between morality and law enforcement, and how the application of its values can provide a solution to the moral crisis in Indonesia. The research method used is normative legal research with a statute approach and a conceptual approach, as well as a review of literature and the views of legal experts, particularly Satjipto Rahardjo. The results show that Pancasila values, such as humanity, justice, and democracy, must be the foundation of every process of law enforcement and formation. The case of law enforcement irregularities in the Ferdy Sambo case and the discussion of the TNI Bill with minimal public participation reflect weak legal morality. Therefore, internalization of the values of Pancasila Legal Philosophy is necessary to realize laws that not only uphold certainty, but also guarantee justice and humanity.
The Normative Relationship Between Moral Values and Justice in Modern Legal Philosophy and Its Consequences for Indonesian Legal Practice Julio, Christopher Elia; Putra, Gilang; Istimeisyah, Dian; Maniari, Elsa; 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.17621563

Abstract

This study explores the relationship between moral values and justice from the perspective of modern legal philosophy and examines their implementation in Indonesia’s legal practice. The research is grounded in the classical debate between natural law, which positions morality as the source of legal legitimacy, and legal positivism, which separates law from moral considerations. The study aims to analyze how moral values and justice can interact to shape a fair and dignified legal system in Indonesia. Using a normative qualitative approach, the study reviews philosophical theories and national legal practices, including Constitutional Court decisions and the application of restorative justice. The findings reveal that the implementation of moral values and justice in Indonesia’s legal system remains imperfect due to the gap between positive law and substantive justice. Nevertheless, integration efforts continue through progressive legal approaches and human rights, based reforms that emphasize humanity and social justice. In conclusion, moral values and justice are interdependent within modern law, morality provides the ethical foundation for legitimacy, while justice represents its tangible realization in social life.
The Role of the International Court of Justice in Resolving Disputes Between Sovereign States Marisa, Wiwin; Meliana, Sherly; Praditya, Habib
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.17555798

Abstract

This study explores the role of the International Court of Justice in resolving disputes between countries using a normative juridical approach. The International Court of Justice, as the principal organ of the United Nations (UN), functions to peacefully resolve international disputes. The dispute resolution process includes case submissions, written and oral examinations, and preliminary objections. The UN's support in the form of procedural recommendations also contributes to the effectiveness of dispute resolution. The International Court of Justice has jurisdiction over disputes involving civil law, criminal law, diplomatic relations, and asylum, as long as they fall within the scope of international law. This court also provides advisory opinions to UN organs such as the General Assembly and the Security Council. The prohibition of the use of force and the emphasis on peaceful dispute resolution are imperative norms in international relations. This study emphasizes the importance of applying international legal principles to achieve global peace and avoid armed conflicts that could threaten global stability. The International Court of Justice plays a crucial role in promoting international harmony through binding decisions and the enforcement of international legal principles. Through the analysis of various dispute cases, this study demonstrates that the resolutions provided by the International Court of Justice not only help maintain peace but also strengthen the international legal order. Thus, the International Court of Justice serves as an essential instrument in achieving the UN's primary goal of creating sustainable global peace and security.
The Concept of Justice According to Pancasila and Its Relevance to Law Enforcement Tambunan, Joy Catherine Carina; 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.17610323

Abstract

Justice is a fundamental goal in the Indonesian legal system, with Pancasila as the philosophical foundation and source of all sources of law (staatsfundamentalnorm). However, there is a significant gap between the ideal of Pancasila justice and the reality of law enforcement, which is considered discriminatory and not fully in favor of human values. This study aims to philosophically examine the concept of justice according to Pancasila and analyze the relevance and challenges of its application in law enforcement practices in Indonesia. Using normative legal research methods with philosophical, legislative, and conceptual approaches, this study finds that justice in Pancasila is holistic, integrative, and substantive, which is inspired by its five principles in an integrated manner: moral-spiritual values (Principle 1), respect for human dignity (Principle 2), strengthening unity (Principle 3), achievement through deliberation (Principle 4), and equitable distribution of welfare (Principle 5). Despite its high normative relevance, its implementation is hampered by various factors, such as the dominance of a rigid legal positivism paradigm, political intervention, corruption, and unequal access to justice. Therefore, a reconstruction of the law enforcement paradigm and systemic reforms focused on internalizing Pancasila values are needed to realize the desired substantive justice.
Penerapan TKDN Dalam Pengadaan Pemerintah dan Implikasinya Terhadap Persaingan Usaha Ardiana, Oktavia Dwi; Azzahra, Dinda; Sachmaso, Hana Humaira; Fawwaz, Razky
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.17667629

Abstract

The Domestic Component Level (TKDN) policy in government procurement of goods and services is designed as a strategic instrument to strengthen national industry, promote economic self-reliance, and reduce dependence on imported products. However, its implementation raises complex issues between the interests of industrial protection and the principles of fair business competition as regulated under Law No. 5 of 1999. This research employs a normative juridical method with statutory and conceptual approaches to analyze the balance between the government’s affirmative policy and the obligation to maintain a fair competitive climate. The findings indicate that the implementation of TKDN often serves as a market entry barrier for small enterprises and creates opportunities for abuse, such as the falsification of TKDN certificates. Therefore, strengthening procurement governance and law enforcement is essential to ensure that the TKDN policy is not misused and remains aligned with the objectives of national economic development. This study recommends cross-institutional synergy, enhanced digital transparency, and strict sanctions for violations to realize a clean and integrity-based government procurement system.

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