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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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Analysis of the Implementation of Muamalah Principles in the Operations of a Sharia Hotel (Case Study at Savindra Residence) Fikri, Muhammad Ali; Maulana, Muhammad Iqbal; H, Hana Putri; J, Jaenudin; Herdiana, Dian
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.17838181

Abstract

This study examines how muamalah principles are implemented in the daily operations of a sharia hotel in Indonesia. Using a qualitative descriptive-analytic approach, data were collected through interviews, observations, and literature reviews, including DSN-MUI Fatwa No.108/2016. The findings show that the hotel applies sharia-compliant service contracts by strictly verifying marital status, preventing unlawful activities, and ensuring transparency in every transaction. Ethical values such as amanah and ihsan are reflected in the staff’s polite yet firm attitude when communicating rules to guests. However, challenges remain, including limited guest understanding of sharia regulations, insufficient supporting facilities, and occasional security issues. The study concludes that although the hotel has generally upheld muamalah principles, improvements in guest education and sharia-based facilities are still needed for more optimal implementation
Keseimbangan Tanggung Jawab Hukum antara Multinational Corporation dan Negara Tuan Rumah dalam Foreign Direct Investment di Indonesia Ilela, Prissly Lionny
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.17866845

Abstract

This study discusses the balance of responsibility between multinational corporations (MNCs) and host countries in the management of Foreign Direct Investment (FDI) in Indonesia. The main legal issue lies in how MNCs' obligations and responsibilities relate to national law and how host countries create legal certainty and oversee the implementation of foreign investment in line with national interests. The purpose of this study is to analyze the legal position of MNCs in the implementation of FDI, the role of host countries in creating a balance of responsibilities, and the dynamics of the relationship between MNCs and Indonesia, which is often marked by conflicts of economic interests and national sovereignty. This study uses a normative-empirical legal research method, with a legislative, case, and conceptual approach. The results show that MNCs are obliged to comply with national laws, implement corporate social responsibility (CSR), and preserve the environment. The host country plays an important role in providing legal certainty, protection, and investment facilities through policies such as the Job Creation Law and the Online Single Submission (OSS) system. However, overlapping central and regional authorities and weak implementation of implementing regulations remain obstacles. The case of PT Freeport Indonesia illustrates that through negotiation and dialogue, conflicts between MNCs and the government can be resolved with a win-win solution that benefits both parties.
Efektivitas OTT KPK Pasca Revisi UU KPK dalam Mengungkap Korupsi Sistemik di Pemerintahan Daerah: Studi Kasus Gubernur Riau H, Hilaliah
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 effectiveness of the Corruption Eradication Commission’s (KPK) Sting Operations (Operasi Tangkap Tangan/OTT) after the revision of Law Number 19 of 2019 on the KPK in uncovering systemic corruption in regional governments, using the OTT involving the Governor of Riau as a case study. The research employs a qualitative method with a case study approach through the analysis of legal documents and secondary data. The findings indicate that although OTTs remain effective as preliminary evidence in exposing systemic corruption, their implementation faces significant challenges following the amendment of the KPK Law, including restrictions on authority due to the supervisory board’s permit mechanism, changes in institutional status, and political as well as social complexities. The Riau Governor case study reveals systemic corruption patterns involving executive–legislative networks, the use of religious symbols for legitimacy, and resistance from political elites. The study recommends strengthening a progressive legal framework, optimizing the role of the Supervisory Board, adopting more integrative OTT strategies, and reforming regional governance to enhance the effectiveness of combating systemic corruption.
Ketika Masyarakat Mengadili: Studi sosiologi Hukum tentang Praktik Hukuman Sosial di Era Digital Simamora, Lidia Theresia Rotua
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.17861701

Abstract

The phenomenon of social punishment has become increasingly widespread today due to the growing use of social media as a space for interaction among the public. In the digital sphere, people can instantly impose social sanctions by posting comments, sharing news, forming collective opinions, and engaging in “cancel culture” against individuals perceived to have violated norms. These events often occur before—or even without—the formal legal processes that should serve as the legitimate means of resolving disputes. This study aims to analyze various forms of digital social punishment, the social and cultural factors that drive these mechanisms, and the impact of this phenomenon on public perceptions of the legitimacy and effectiveness of formal law. Using a socio-legal perspective, this research highlights the role of society as an informal enforcer of norms and examines how interactions on digital platforms shape new modes of norm application. The analysis shows that social punishment in the digital era can strengthen normative awareness and promote respect for the law, but it can also lead to issues such as stigma, injustice, and online judgments lacking verified information. These findings emphasize the need for greater alignment between informal social control mechanisms and the formal legal system to create balance in the application of norms within digital society.
Kajian Yuridis atas Efektivitas Implementasi Mediasi Elektronik Berdasarkan PERMA No. 3 Tahun 2022 Adrini, Shaina Subha
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.17790376

Abstract

The rapid expansion of e-commerce in Indonesia has intensified the need for a dispute resolution mechanism that is adaptive, efficient, and capable of safeguarding consumer rights within a highly dynamic digital marketplace. While disputes frequently stem from seemingly minor issues, such as; product mismatch, delayed delivery, or service failures. This cumulative impact significantly influences consumer trust in digital transactions. In response, Supreme Court Regulation (PERMA) No. 3 of 2022 introduces electronic mediation as a modern pathway to enhance access to justice. Using a normative legal research method, this study examines the regulatory framework of electronic mediation and its relevance to e-commerce disputes. The findings reveal that although PERMA provides a progressive structure grounded in voluntariness, accessibility, and technological integration, its practical implementation remains constrained by layered administrative requirements, uneven technological infrastructure, limited digital literacy, and the absence of institutional integration between the courts and internal dispute resolution systems offered by e-commerce platforms. These gaps create a misalignment between legal norms and the realities of dispute resolution already functioning within the digital industry. Drawing on comparative insights from Canada’s Civil Resolution Tribunal, this study highlights that effective electronic mediation requires a human-centered, simplified, and integrated justice system.
Telaah Filsafat Hukum terhadap Restorative Justice sebagai Upaya Dekonstruksi Paradigma Retributif dalam Sistem Pemidanaan di Indonesia Hakeem, Mirza Athaya Ghaisan; Valentara, Aqiila Banyu; Faidzuddin, Achmad; Athalla Rilya, Muhammad Avin
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.17851225

Abstract

The development of criminal law in Indonesia shows a paradigm shift from a retributive to a restorative approach, particularly following the enactment of Law Number 1 of 2023 concerning the new Criminal Code (KUHP). This study aims to analyze the position of restorative justice as a mechanism to deconstruct the retributive paradigm and to evaluate its implementation in Indonesian criminal sentencing practices. The research uses normative legal methods with statutory and conceptual approaches, examining legal principles, frameworks, and relevant doctrines. The findings indicate that restorative justice plays a strategic role in shifting the focus of criminal law from mere punishment to victim restoration, offender accountability, and social reconciliation. Its application is supported by normative regulations and mediation practices involving victims, offenders, families, and communities, delivering substantive justice while reducing recidivism. Despite challenges such as varying interpretations among law enforcement officials and power imbalances between victims and offenders, restorative justice proves to be an effective mechanism for establishing a more humane, responsive, and just criminal justice system in Indonesia.
Tindakan Ultra Vires Pada Perseroan Perorangan yang Menyebabkan Penghapusan Tanggung Jawab Terbatas: Studi Komparatif Dengan Single Member Company (Sdn. Bhd) di Malaysia Azizah, Hasna
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.17894180

Abstract

This study examines the position and limits of liability of a sole shareholder in a Single-Member Company, including the application of the doctrines of ultra vires and piercing the corporate veil to directors’ actions that exceed their authority. Using a normative juridical approach and a comparative analysis with Malaysia’s Companies Act 2016, the research finds that Indonesian regulations remain insufficient in providing internal oversight mechanisms for companies owned by a single individual. Although the principles of asset separation and limited liability are recognized, the concentration of control in one person increases the risk of ultra vires actions, which may justify the removal of limited liability protections. Accordingly, Indonesia must strengthen its regulatory framework to ensure legal certainty and adequate protection for creditors, owners, and other stakeholders.
The Ethical Crisis in Law Enforcement Reflects the Failure of Modern Legal Philosophy to Balance Morality and Legality Saputra, Muhammad Dewanto Adi
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.17698771

Abstract

This study examines the ethical crisis in law enforcement as a reflection of the failure of modern legal philosophy in balancing morality and legality. The disparity between moral norms and formal rules reveals how the Indonesian legal system experiences deviations, both normatively and in practice, leading to public distrust and the weakening of legal legitimacy. The dominance of positivism and focus on formal norms without moral scrutiny creates alienation between law and human values, exacerbating structural and organizational tensions in law enforcement agencies characterized by corruption, collusion, and low accountability. This collapse not only complicates the achievement of substantive justice but also hinders reforms responsive to social dynamics, thus demanding a reformulation of the legal philosophy paradigm capable of integrating moral values contextually and functionally. A critical approach to this modern paradigm affirms the need for harmonization between morality and legality as the primary foundation in building a just, meaningful, and sustainable legal system.
Criminal Liability of Influencers as Online Gambling Affiliates from the Perspective of Information Technology Law Rahayu, Anggita Dwi; Maghfiroh, Laily; Salsabila, Syana Mifta; Putri, Syifadilla Subagyo
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.17847357

Abstract

The development of information technology has significantly transformed commercial practices and communication, including the growing prevalence of online gambling promoted on social media by influencers or affiliators. This phenomenon raises legal concerns because such promotions constitute the distribution of gambling-related information, which is explicitly prohibited under Article 303 of the Indonesian Criminal Code (KUHP) and Article 27(2) jo. Article 45(3) of the Electronic Information and Transactions Law (UU ITE). This study aims to analyze the form of criminal liability imposed on influencers acting as online gambling affiliators and examine the application of criminal provisions under the UU ITE in relation to their involvement. Using a normative juridical method with statutory and conceptual approaches, this research finds that any affiliator who intentionally uploads, distributes, or provides access to online gambling websites may be held criminally liable unless a valid excuse eliminates their culpability. Paid promotional activities indicate intent, thereby fulfilling the element of unlawfulness and allowing the perpetrator to be charged based on their level of involvement, whether under Article 303 of the KUHP or the provisions of the UU ITE. However, the enforcement of criminal sanctions remains challenging, particularly in the evidentiary process, as it relies heavily on the validity of electronic evidence such as transaction records, social media uploads, or other digital traces. The absence of detailed technical guidelines for the collection and examination of digital evidence hampers optimal investigation and prosecution
Analisis Yuridis Keterbatasan Penegakan Hukum Terhadap Kejahatan Perdagangan Manusia Transnasional (Studi Kasus Human Traffic di Kamboja) L, Lazarus; Hidayat, Muhammad Rahmadzani; Aini, Qurrotul; Zahra, Raisya Syafira
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.17877461

Abstract

This study conducts a juridical analysis of the limitations in law enforcement against transnational human trafficking (TPPO), focusing on the case study of Indonesian citizens (WNI) exploited in Cambodia through online fraud schemes (scam compounds). Although both Indonesia and Cambodia are bound by international (UNTOC, Palermo Protocol) and regional (ACTIP, MLAT) legal instruments, the effectiveness of cross-border cooperation remains far from optimal. The research identifies major obstacles stemming from inconsistencies in the legal definitions of TPPO and standards of proof, weak mechanisms for extradition and Mutual Legal Assistance (MLA), and inadequate information exchange. Specifically in Cambodia, enforcement is hampered by the inconsistent application of the 2008 TSE Law, insufficient victim protection, and high levels of structural corruption. Using a normative juridical approach, this study concludes that human trafficking, as an extraordinary crime, cannot be addressed unilaterally. It requires strengthened and integrated international cooperation including the optimization of MLA, extradition, the formation of Joint Investigation Teams (JITs), and the harmonization of regulations at the ASEAN level to close legal loopholes and enhance the justice response. Recommendations include improving the capacity of investigators, standardizing TPPO definitions, and establishing comprehensive victim protection mechanisms.

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