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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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Filsafat Hukum sebagai Dasar Pembentukan Norma dan Prinsip Hukum Nabilla, Anissa; 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.17639976

Abstract

Legal philosophy plays a fundamental role in shaping the direction and character of a national legal system. Law is not merely understood as a collection of coercive positive norms, but as a moral and rational reflection oriented toward substantive justice. This research aims to analyze how legal philosophy provides a conceptual foundation and value-based framework in the formation of legal norms and principles in Indonesia. The research method employed is normative legal research with a conceptual and philosophical approach, supported by literature studies of both classical and contemporary legal thinkers. The findings indicate that legal philosophy serves a crucial function in ensuring that every legislative product reflects ethical, moral, and humanitarian values as the essence of law itself. Philosophical values, particularly those derived from Pancasila, form the core basis for creating a legal system that is just, humanistic, and oriented toward social welfare. Therefore, the application of legal philosophy in the process of law-making not only strengthens the moral legitimacy of the national legal system but also ensures a balance between legal certainty, justice, and expediency in the practice of state and social life.
Harmonisasi Hukum Adat dan Hukum Positif dalam Pembagian Harta Perkawinan Antarsuku: Studi Kasus Sistem Patrilineal Batak dan Matrilineal Minangkabau Al Khalifi, Annisa Bunga; Putra, Bryan Joseph; Zulfikar, Luthfi Naufan; Kelmanutu, Mervly Rumfiarsa; Ningthias, Nadya Ayu; Marsya, Revalina Zhalika; 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.17663384

Abstract

In the context of Indonesia’s legal system, positive law, customary law, and religious law interact and often overlap in various aspects of social life. Customary law, including the patrilineal system of the Batak community and the matrilineal system of the Minangkabau community, dynamically interacts with positive law. This article employs a normative juridical approach to examine the differences in the principles governing marital property distribution under Batak (patrilineal) and Minangkabau (matrilineal) customary systems, as well as efforts to harmonize them with Law Number 1 of 1974 on Marriage. The findings indicate that, in Batak customary law, marital property generally belongs to the husband or the husband’s family based on patrilineal inheritance traditions. Meanwhile, Minangkabau customary law distinguishes between jointly acquired property (gono-gini) and individual inherited property, where the former is managed jointly and the latter remains the right of each spouse. Marriage Law 35-37 provide a framework for classifying assets (joint, separate, and acquired property), and Marriage Law 37 affirms that the division of joint property shall follow “the respective laws” of the parties, whether religious or customary. However, the absence of an implementing government regulation (as mandated by Marriage Law 67 No. 1/1974) and cultural diversity often lead to inconsistencies between customary and positive law. This article recommends a harmonization approach based on legal pluralism, recognizing and respecting customary rights insofar as they do not conflict with constitutional and human rights principles.
Resolving Goods Procurement Contract Disputes via Arbitration: An Analysis of the PT Ifani Dewi vs. DKI Jakarta Government Case Khairunnisa, Amanda Shofwa; Azmina, Fayza; Gultom, Juniartha Gladys Naomi Magdalena
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.17686391

Abstract

Disputes in procurement contracts often arise due to differences in the interpretation of obligations or allegations of default by one of the parties. Arbitration is frequently chosen as an alternative dispute resolution mechanism because it is considered faster, confidential, and provides legal certainty compared to litigation in court. This study discusses the dispute between PT Ifani Dewi and the Regional Government of DKI Jakarta, which was resolved through the Indonesian National Board of Arbitration (BANI). The analysis was conducted using a normative juridical approach by examining Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, as well as civil law provisions on contracts. The findings indicate that the arbitration clause contained in the procurement contract is binding on the parties in accordance with the principle of pacta sunt servanda. The arbitration process in this case covered the registration of the dispute, the formation of the tribunal, the examination of the case, and the issuance of an award that is final and binding. Arbitration has proven to offer time efficiency, confidentiality, and legal certainty, although it has certain drawbacks, such as relatively high costs and the absence of appellate remedies. Therefore, arbitration can be regarded as an effective dispute resolution forum, particularly for strategic procurement contracts involving local governments.
A Comparison of the Concept of Justice in Natural Law and Positive Law: Its Relevance to Law Enforcement Practices in Indonesia Hia, Imelda Indah Putri; 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.17645254

Abstract

This research is motivated by the tension between formal legal certainty and demands for substantive justice in law enforcement practices in Indonesia. This study aims to analyze and compare the concepts of justice from the perspectives of natural law and positive law, and to assess their relevance in the national legal system. The research method used is normative juridical with a descriptive-analytical approach through a literature review of primary, secondary, and tertiary legal materials. The results show that natural law emphasizes justice based on universal moral principles (substantial justice), while positive law focuses on compliance with formal procedures and norms (procedural justice). The Indonesian legal system, based on Pancasila, conceptually seeks to synthesize these two perspectives, as reflected in the obligation of judges to explore the values of social justice. However, the dominance of legal positivism still creates a gap between legal certainty and a sense of social justice. The implications of this research emphasize the need for a balance between legal certainty and moral justice to make Indonesian law more meaningful and substantively just.
A Comparison of the Implementation of Presidential Impeachment in Presidential Systems (A Comparative Study of Indonesia and South Korea) Syalsabila, Khairunisa; 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.17803253

Abstract

The Constitution (UUD) is the supreme law that serves as the basis for the administration of the state and must be obeyed by all elements of the nation, including the President and Vice President. In a presidential system of government, the President's extensive executive power demands a strict oversight mechanism, one of which is through impeachment. This study aims to analyze and compare the legal regulations and implementation mechanisms for the impeachment of heads of state in Indonesia and South Korea. The study uses a literature study method with a qualitative approach through analysis of various legal sources, journals, and relevant literature. The results show that Indonesia regulates impeachment in detail in Articles 7A and 7B of the 1945 Constitution with the involvement of the House of Representatives (DPR), the Constitutional Court, and the People's Consultative Assembly (MPR), and the reasons for impeachment are specifically outlined. Meanwhile, South Korea regulates impeachment in its Constitution more generally by involving the National Assembly and the Constitutional Court, and is not limited to the President, but also other high-ranking state officials. In practice, South Korea has successfully implemented the impeachment process constitutionally, while Indonesia has never implemented this mechanism in accordance with the procedures following the amendment to the 1945 Constitution. In conclusion, although both countries adopt a presidential system of government, there are significant differences in the legal structure, grounds for impeachment, and implementation of the impeachment mechanism.
Analisis Implementasi Perjanjian Trips dalam Perlindungan Hak Kekayaan Intelektual di Indonesia Amelia, Dean Putri
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study analyzes the implementation of the Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement in the Intellectual Property Rights (IPR) protection system in Indonesia. As a member of the World Trade Organization (WTO) since 1995, Indonesia is obliged to adopt TRIPs provisions into national law based on the principle of single undertaking. This obligation has prompted the government to harmonize IPR regulations through the enactment of more comprehensive laws, such as the Copyright Law, the Patent Law, and the Trademark and Geographical Indications Law. This harmonization aims to create legal certainty, encourage innovation, and ensure effective protection of the creative output of the community. In practice, the implementation of TRIPs in Indonesia still faces challenges, including high levels of copyright infringement, weak law enforcement, and Indonesia's position as a net importer of technology, which leads to dependence on protection standards that favor developed countries. In addition, international pressure in the implementation of TRIPs often reflects an imbalance of interests between developed and developing countries. Through normative legal analysis, this study finds that although Indonesia has significantly harmonized its regulations, the effectiveness of TRIPs implementation still depends heavily on strengthening law enforcement mechanisms and increasing national capacity in the field of technology and innovation.
Analisis Yuridis Peran Bank Indonesia sebagai Regulator Makroprudensial dalam Sistem Perbankan Indonesia Laroyba, Muhammad; Putra, Zidhan Azhari Syah; Darussalam, Rezky Fabyo
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17898446

Abstract

This study examines the legal foundations and effectiveness of Bank Indonesia’s role as the national macroprudential regulator. The research highlights how the evolution of Indonesia’s financial regulatory framework—beginning with the Bank Indonesia Act, strengthened through the Financial System Crisis Prevention and Mitigation Act (PPKSK), and further consolidated under the 2023 Financial Sector Development and Strengthening Act (PPSK)—has established Bank Indonesia as the single macroprudential authority. Through this mandate, Bank Indonesia implements a range of instruments, including Loan-to-Value and Financing-to-Value ratios, the Countercyclical Capital Buffer, and macroprudential liquidity ratios designed to manage systemic risk, mitigate credit cycles, and reinforce banking system resilience. The analysis shows that the development of macroprudential policy in Indonesia was shaped by the global financial crisis of 2007–2009, which exposed the inadequacies of microprudential supervision alone. Despite a strong legal basis, several challenges remain, particularly overlapping authority with the Financial Services Authority (OJK), coordination gaps within the Financial System Stability Committee (KSSK), and the absence of a clearly defined resolution authority for systemically important banks. Using a normative legal method complemented by limited empirical insights, this research concludes that while the legal architecture supporting Bank Indonesia’s macroprudential authority has become increasingly robust, further institutional harmonization is required to ensure effective and coherent financial system stability management.. 
Konflik Kepentingan dalam Hak Kebendaan di atas Benda Milik Orang Lain: Antara Perlindungan Pemilik dan Hak Preferensi Kreditor Nur Najma, Siti Najla; Az-Zahra, Fatimah; Febrian, Matthew; 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.17760405

Abstract

This research examines the conflict of interest arising from the exercise of property rights over another person’s assets within Indonesia’s civil law system. Property law not only protects ownership rights but also serves as a legal instrument to guarantee creditors and third parties in the modern economy. The core issue emerges when absolute ownership rights conflict with limited real rights that grant preferential status to creditors. Using a normative juridical method through analysis of legislation, legal doctrines, and court decisions such as Supreme Court Rulings No. 2911 K/Pdt/2019 and No. 1248 K/Pdt/2007, this study finds that the existence of real rights has transformed ownership from an absolute concept into a relative or functional one. While owners retain their rights, these rights are limited by the existence of real rights to ensure legal certainty for creditors. The study concludes that harmonization is needed between ownership protection and creditor certainty through clearer regulations, strict procedural enforcement, and increased legal awareness to achieve a balance between legal certainty and substantive justice in property law practice.
Urgensi Analisis Pertanggungjawaban Hukum Terhadap Pelaku Kejahatan Dengan Kepribadian Ganda (Dissociative Identity Disorder) Nisa, Khoirun; Rosando, Abraham Ferry
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17847892

Abstract

This study discusses the urgency of analyzing criminal liability for perpetrators of crimes with multiple personalities or Dissociative Identity Disorder (DID), a mental disorder that causes an individual to have more than one identity that can take over consciousness. The presence of this disorder raises legal issues regarding the perpetrator's ability to understand and control their actions, which is an absolute requirement for criminal liability in Indonesian criminal law. This study aims to determine and understand the urgency of analyzing legal liability for perpetrators of crimes with DID and provide recommendations regarding the form of regulation that should be applied.The research method used is a juridicalnormative approach by analyzing the provisions of the Criminal Code, Criminal procedure Code, Health Law, as well as legal and forensic psychiatric literature. The study's findings show that DID may affect the degree of the offender's guilt,particularly if the criminal's personality is not under the main identity, so that the perpetrator loses the ability to take responsibility. Therefore, the involvement of forensic psychiatrists is very important in determining the perpetrator's mentalt Satus at the time of the occurrence. This research advises the introduction of Specific laws that control the examination mechanism and standards for assessing the ability to take responsibility for people with DID, including rehabilitation procedures and community protection. Thus, it is hoped that these regulations willr Create legal certainty, substantive justice, and balanced protection for perrpetrators, victims, and the community.
Penyelesaian Sengketa Wanprestasi Melalui Jalur Mediasi dalam Perkara Utang Piutang Putusan No. 69/Pdt.G/2025/PN SDK Rachmania, Anita Sunny; Pasaribu, Erika Esteria; Ahmad, Nisa Auliya; Nur’Aini, Siti
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17880234

Abstract

This paper examines the resolution of a civil dispute in Decision Number 69/Pdt.G/2025/PN Sdk, which concluded with a peace deed (akte van dading) between the Semeru Civil Servants Savings and Loan Cooperative and the defendant. This study employs a normative juridical method by analyzing the court decision, the Indonesian Civil Code provisions, and regulations issued by the Supreme Court regarding mediation and settlement agreements. The findings reveal that a peace agreement constitutes an effective dispute resolution mechanism, as it obtains permanent legal force once ratified by the court. The decision demonstrates that a settlement can legally terminate the parties’ obligations as long as it fulfills the validity requirements of a contract under Article 1320 of the Indonesian Civil Code and does not violate law or public order. Therefore, peace agreements play a significant role in the law of obligations as a fast and efficient alternative dispute resolution method that emphasizes a win–win solution for the parties involved.

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