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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
 69   70   71   72   73 
The United States’ Hegemonic Influence in International Law: A Case Study of the ICC’s Probe into Israel’s War Crimes Devi, Murtanti Fajarrani; Maulida, Zahratul; Purwana, Veronica Cynthia Putri; Rasmitha, Nadia Risa
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.17686488

Abstract

The International Criminal Court (ICC) was established to uphold accountability for the most serious crimes such as genocide, war crimes, and crimes against humanity through the principle of complementarity. However, this idealism often clashes with global political dynamics, especially when dealing with superpowers. This study examines the practice of United States hegemony over the ICC through sanctions policies, specifically the implementation of Executive Order 13928 targeting ICC officials related to the investigation of war crimes in Afghanistan and Palestine. Using a qualitative approach based on literature studies, the study finds that the United States' sanctions policy is a form of unilateral coercion and a manifestation of American exceptionalism that strengthens the politics of impunity. These sanctions not only threaten the independence of the ICC apparatus but also have a domino effect on the ICC's legitimacy, authority, and ability to carry out its mandate effectively. These findings indicate that international justice mechanisms remain vulnerable to geopolitical intervention, necessitating the strengthening of legal structures and international cooperation to ensure the ICC can operate without political pressure from powerful states.
Vigilantisme dan Antinomi Keadilan: Tinjauan Filosofis Plato dan Aristoteles Paramesti, Nirwasita Zada; 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.17646775

Abstract

This study aims to analyze two main issues: the antinomy of justice between substantive justice, rooted in Plato’s moral idealism, and procedural justice, rooted in Aristotle’s rationality, as well as how vigilantism emerges as a consequence of this tension. The research employs a normative legal method with philosophical, conceptual, and case study approaches. Data are analyzed qualitatively and deductively through comprehensive library research to draw interpretative conclusions. The findings reveal that the antinomy of justice stems from the fundamental differences between Plato’s moral idealism, which focuses on substance and conscience, and Aristotle’s rational realism, which emphasizes procedure or the order of positive law. It is found that vigilantism is not merely a criminal act but rather a philosophical challenge posed by society against the state. This phenomenon erupts when the public experiences a crisis of trust and perceives the system of positive law as rigid, slow, and morally bankrupt formalism. The anger of the masses represents an effort to reclaim substantive justice by consciously disregarding procedures deemed to have failed.
Perlindungan Hak Anak dalam Sistem Pendidikan di Indonesia Fazila, Athifa Farras; Yasmin, Nadhifa Aulia; Sijabat, Margaretha Happy Dianezra; Kristianto, Hanny; Manik, Akesia Gracetimansia Br Ginting; Siahaan, Nur Octorise; Yusuf, Nisrina Kamiliya; Silaen, Novenli; 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.17677407

Abstract

This article analyzes the national legal framework related to the protection of children in conflict with the law and assesses the effectiveness of the application of restorative justice and diversion approaches in the juvenile criminal justice system. The analysis shows that the paradigm of punishment for children has shifted from a retributive approach to a more rehabilitative and restorative approach that emphasizes recovery and the best interests of the child. In the juvenile justice system, trials must be conducted in special closed courts as a form of child privacy protection. Legal proceedings against children emphasize the principle of restorative justice, which focuses more on restoring the child's condition than on punishment, so that diversion efforts become a priority. The handling of children in legal proceedings must not deprive them of their basic rights, especially the right to education. Criminal sanctions for children are educational and rehabilitative in nature, not punitive. Institutions such as prisons, correctional facilities, and juvenile detention centers organize programs aimed at developing children's social skills so that they can resume their social functions with dignity. Thus, legal protection for children in conflict with the law is geared toward promoting the welfare, rehabilitation, and future of the child. Legal protection for children in conflict with the law emphasizes the fulfillment of children's rights as stipulated in the Convention on the Rights of the Child, including the right to protection, education, non-discrimination, and affection. Juvenile court proceedings must be conducted in closed court and use a restorative justice approach that prioritizes rehabilitation and diversion as alternatives to criminal prosecution. Sanctions for children are educational and rehabilitative in nature, not punitive. Through the role of institutions such as prisons, probation offices, and child rehabilitation centers, children are guided so that they can resume their social functions and develop into dignified individuals.
Natural Law as a Normative-Ethical Framework for the Protection of Human Rights Istimeisyah, Dian
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.17636536

Abstract

This research examines natural law theory as an ethical foundation for the protection of human rights (HR). The study originates from the observation that many formally valid laws often violate fundamental human values. The purpose of this research is to emphasize that natural law provides moral legitimacy to positive law and ensures the protection of human dignity. The method used is a qualitative normative approach with literature analysis, focusing on the ideas of classical philosophers such as Thomas Aquinas, Hugo Grotius, and John Locke, as well as their relevance to modern human rights principles. The results show that natural law places human dignity as the highest moral foundation of the legal system, where human rights are inherent and not dependent on the state. In the Indonesian context, the principles of natural law are reflected in Pancasila, the 1945 Constitution, and Law No. 39 of 1999 on Human Rights. The study concludes that natural law remains a relevant and universal ethical framework guiding the creation and implementation of positive law to uphold justice and humanity.
Upaya Pengelolaan Limbah Produksi Etanol Melalui Rencana Pembangunan IPAL di Desa Ngombakan, Kecamatan Polokarto, Kabupaten Sukoharjo Zakaria, Salsabila Anggraini; Sumartiningsih, Sri; S, Sumidi
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.17689881

Abstract

This study examines the legal framework and local efforts for managing ethanol production waste in Ngombakan Village, Polokarto District, Sukoharjo Regency. The analysis employs a normative juridical approach supported by empirical data gathered from interviews with village officials. The legal review shows that ethanol waste management is bound by environmental protection norms, effluent quality standards, risk-based business licensing, and village authority in environmental stewardship. Empirical findings indicate that the village government has planned the construction of a communal wastewater treatment facility (IPAL) to address pollution, yet faces challenges related to land availability and funding. The study concludes that stronger regulatory support, technical assistance, and community participation are essential to achieving sustainable ethanol waste management.
Sinkronisasi Prinsip Good Environmental Governance dalam Kebijakan Green Building: Studi Perbandingan Jakarta dan Surabaya Syaharani, Zevanya Praja
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.17646919

Abstract

Water resource management in Indonesia faces complex challenges due to policy discrepancies between central and regional governments. These inconsistencies often result in overlapping authority, inefficient policy implementation, and weak coordination in inter-regional river basin management. Using a normative juridical approach with analysis of relevant laws and regulations, this study aims to identify the causes of policy disharmony and provide recommendations to strengthen policy harmonization across regions in water resource management. The findings indicate that harmonization is essential to ensure sustainability, interregional equity, and policy effectiveness. Strengthening the central government’s coordinating role and establishing interregional coordination mechanisms are strategic steps to achieve integrated and equitable water resource governance.
Potret Eksploitasi Anak sebagai Masalah Sosial dan Dampaknya terhadap Perkembangan Anak Novebryan, Raffi Rizkytia; W, Wahyuningrum; Muling, Candra Wijaya; Nurwendha, Siti Ahdia; Wulan, Nandar; Putri, Sekar Rahayu; 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.17685453

Abstract

Child exploitation is one of the most severe human rights violations and remains a critical social issue in Indonesia, where children undergoing essential stages of physical, mental, and social development are highly vulnerable to coercion, pressure, and various harmful forms of exploitation ranging from economic, sexual, and emotional exploitation to the increasingly prevalent digital exploitation driven by technological advancement. Complex social and economic factors such as poverty, low parental education, weak social control, and the limited effectiveness of state protection further exacerbate children’s vulnerability. This study employs a descriptive qualitative method through literature review and analysis of reports from child protection institutions to describe the forms of exploitation, contributing factors, and their impacts on child development. The findings reveal that child exploitation leads to multidimensional consequences, including psychological trauma, physical health problems, social difficulties, and disruptions in moral and cognitive development that threaten the child’s future. These findings emphasize the necessity of a comprehensive approach to addressing child exploitation through collaboration among families, schools, communities, and the government by strengthening parental literacy, ensuring safe reporting mechanisms, empowering families economically, and enforcing consistent and equitable legal protection to guarantee children’s rights to grow and develop in a safe and supportive environment. 
Gugatan Pembatalan Merek Sebagai Upaya Hukum Memerangi Fenomena Trademark Bullying yang didasari oleh Penggunaan Merek dengan Kata Umum Suwandi, Dinda Amelia
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.17637450

Abstract

The phenomenon of trademark bullying occurs when trademark owners excessively exercise their rights to pressure other parties, particularly in cases involving marks that use common words or lack distinctiveness. Weak distinctiveness parameters in the first-to-file system allow generic marks to remain registered and potentially be misused, as seen in the Campus/Kampus vs. Distinction case. This normative juridical research shows that the use of common words in trademarks is a primary trigger of intimidation, as trademark owners can claim a monopoly over terms that should be freely available for public use. Decision Number 25 K/Pdt.Sus-HKI/2014, which annulled the “Campus/Kampus” trademark, demonstrates that trademark cancellation lawsuits are an effective means to counter trademark bullying. These findings highlight the need to tighten substantive examination, enforce the principle of good faith, and strengthen restrictions on the use of common terms in trademark registration.
Ghost Employment di Sektor Publik: Analisis Hukum Pidana dan Perbandingan Internasional Syaharani, Zevanya Praja
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.17647055

Abstract

Ghost employment, a phenomenon characterized by the recording of non-existent or inactive employees on public payrolls, represents a significant challenge to governance and public sector accountability. This study aims to analyze the modus operandi, legal implications, causes, and mitigation strategies of ghost employment in Indonesia, with comparative insights from other countries. The research utilizes a descriptive case study approach, drawing on literature review, legal documents, and prior studies to provide a comprehensive understanding of the issue. Findings indicate that ghost employment involves deliberate manipulation of payroll systems, falsification of administrative documents, and collusion among officials, which collectively result in financial losses and undermine public trust. From a legal perspective, such practices constitute embezzlement, document forgery, and corruption under Indonesian law. The study further highlights that weak internal controls, lack of integrated payroll systems, and insufficient audits are key enabling factors for ghost employment. Comparative analysis with countries like Kenya and Tanzania demonstrates that the integration of digital payroll systems, regular audits, and employee training significantly reduces the occurrence of ghost workers. The study recommends a multi-dimensional mitigation strategy for Indonesia that combines legal enforcement, technological integration, and strengthened internal controls to enhance transparency, accountability, and deterrence. This research contributes to the understanding of ghost employment by bridging legal, administrative, and technological perspectives, offering practical guidance for policymakers, auditors, and public sector institutions to prevent, detect, and respond to ghost employment effectively.
Implikasi Hukum Islam Terhadap Transaksi Ekonomi Digital Nafisya, Zahwah Aulia; Sapa, Nasrullah
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.17685974

Abstract

The development of the digital economy has transformed the landscape of global economic transactions, including in Muslim-majority countries. Phenomena such as e-commerce and digital assets (cryptocurrency, tokens, and NFTs) offer convenience and new opportunities in economic activities but also raise legal issues from the perspective of Sharia law. This study aims to analyze the position of the digital economy within Islamic economic law, examine the validity of e-commerce transactions based on the principles of fiqh al-mu‘āmalah, and assess the legal status of digital assets according to the views of scholars and fatwa institutions. The research method employed in this study is library research, which involves the analysis of books, scholarly works, and previous studies related to the topic. The findings indicate that e-commerce transactions are generally permissible as long as they fulfill the pillars and conditions of a valid sale contract and are free from elements of riba (usury), gharar (uncertainty), and deception. In general, the digital economy can be accepted within the framework of Islamic economic law if it is managed according to the principles of maqāṣid al-sharī‘ah, namely upholding justice, promoting public welfare, and protecting the wealth of the community. This study emphasizes the importance of strengthening Sharia-based regulations in governing the digital economy to ensure alignment with Islamic values and to contribute to the sustainable development of the Muslim community’s economy.

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