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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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Evaluating the Legality of GI Airline Standard Terms Through Contract Anatomy and Consumer Protection Frameworks Gunawan, Clarissa; Sashenka, Kendrapatya Grisha; Putra, Nur Dwi Andhika; Nurrahma, Nazara Anisa; Khaedar Ali, Mochamad Daffa; Aryanti, Dwi
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 contract between GI as an airline service provider and consumers based on contract anatomy and applicable legal foundations. The analysis focuses on the conformity of the contract's content with contract law principles, the rights and obligations of the parties involved, and consumer protection. The results indicate that the contract clearly stipulates rights and obligations, yet certain legal aspects need to be strengthened to optimally safeguard consumer interests
Perlindungan Hak Pihak Ketiga dalam Perkara Perdata Elektronik: Analisis Terhadap Potensi Abuse of Process (Menelaah Potensi Pelanggaran Hak Akibat Efesiensi Prosedural Digital) Santoso, Alisya Putri; Wiraguna, Sidi Ahyar
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.17865494

Abstract

The digital transformation of civil litigation through e-court and e-litigation systems has significantly improved efficiency and accessibility within Indonesia’s judiciary. However, this procedural acceleration also presents new challenges, particularly regarding the protection of third-party rights that may be affected despite not being primary litigants. Using a normative juridical method supported by conceptual and comparative approaches, this study examines the extent to which the current system accommodates third-party interests and identifies potential abuse of process arising from digital efficiencies. The findings indicate that although third-party intervention mechanisms are formally recognized under the HIR and RBg, their implementation within electronic proceedings remains limited due to technical barriers, unequal access to information, and risks of procedural or evidentiary manipulation. These issues highlight the need to strengthen technical regulations, enhance transparency of digital documents, and enforce stricter verification of electronic notifications and evidence integrity. Such improvements are essential to ensure that judicial digitalization not only accelerates procedures but also upholds substantive justice for all interested parties, including third parties.
Juridical Analysis of Non-Consensual AI-Generated Sexual Content as Digital Voyeurism in Indonesian Criminal Law Syahrani, Devy Fitri; Primananda, Muhammad Athaya; Paramesti, Nirwasita Zada; Zalifah, Yearta Kurnia; Adhi Nugroho, Andriyanto
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.17810678

Abstract

This study examines Non-Consensual AI-Generated Sexual Content as a form of digital voyeurism under Indonesian criminal law. Using a normative juridical method, the research analyzes the application of the Electronic Information and Transactions Law, Pornography Law, Sexual Violence Law, and Personal Data Protection Law in addressing deepfake pornography that manipulates a victim’s image without consent. The findings show that such acts constitute layered criminal offenses, including electronic data manipulation, obscenity violations, electronic-based sexual violence, and personal data misuse. However, law enforcement faces significant challenges, including technical detection issues, lack of AI-specific regulations, perpetrator anonymity, and cross-border jurisdiction barriers. This study highlights the need for dedicated AI regulation and strengthened law-enforcement capacity to ensure effective victim protection.
Pembatasan Tingkat Komponen Dalam Negeri (TKDN) sebagai Hambatan Non-Tarif: Perspektif TRIMs dan Konsekuensi bagi Indonesia Arthaleza, Fergie Brillian
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.17858040

Abstract

Indonesia uses the Domestic Component Level (TKDN) policy to strengthen the competitiveness of its national industry by increasing the use of local components, but its implementation is closely related to international obligations, particularly within the framework of the Agreement on Trade-Related Investment Measures (TRIMs). This study aims to analyze the regulation and implementation of TKDN in foreign investment and assess its compliance with TRIMs provisions, while identifying potential legal consequences if the policy is deemed inconsistent with WTO commitments. This study uses a normative legal method with a legislative, conceptual, and case approach, supported by primary legal materials in the form of TKDN and TRIMs Agreement regulations as well as secondary legal materials from academic literature. The results of the study show that although TKDN has strategic objectives such as encouraging technology transfer, increasing industrial capacity, and reducing import dependency, some of its provisions have the potential to fulfill the local content requirements prohibited by TRIMs. This condition could lead to the risk of disputes, trade retaliation, and a decline in foreign investor confidence. Therefore, policy harmonization is needed so that TKDN remains effective in supporting national industrial development without conflicting with Indonesia's international trade obligations.
Analisis Putusan Perbuatan Melawan Hukum Perkara Nomor: 359/Pdt.G/2024/PN Jkt.Brt Efriliani, Firial Tiara; Oktaviani, Risa Dewi; S, Sulastri
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.17900933

Abstract

This study discusses how the principles of contract law are applied in civil disputes in Decision Number 359/Pdt.G/2024/PN West Jakarta. The conflict arose from a lease agreement between PT. Tropic World Paradise and Liauw Reolita, when the absence of a building permit (IMB/PBG) was considered to be hindering the tenant's business. A lawsuit was then filed based on Article 1365 of the Civil Code, involving the notary who drafted the lease agreement. The results of the study show that the allegation of unlawful acts was not proven. The judge ruled that the plaintiff had been aware of the condition of the building from the outset, that the agreement was valid, and that the notary had performed his duties in accordance with his authority. Conversely, the plaintiff was found to have committed an unlawful act by continuing to occupy the building after the lease period had ended. Finally, the lawsuit was dismissed and the counterclaim was granted. This finding emphasizes the importance of good faith, legal certainty, and clear evidence in determining the responsibilities of the parties in a lease agreement.
Peran Norma Sosial dalam Mendorong Kepatuhan Hukum Ghozali Boer, Achmad Dirham; Dinanti, Dinda
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.17763669

Abstract

This study examines the role of social norms in encouraging public compliance with the law. Social norms are unwritten rules that develop from habits, values, and cultural practices that exist within society. In many cases, social norms are obeyed more readily than formal laws because they are more closely connected to everyday life. This research uses a literature study method by analyzing works related to the sociology of law, social norms, and legal compliance. The results show that legal compliance does not arise solely from the threat of formal sanctions but also from the internalization of values and norms obtained through socialization processes. When social norms align with the law, the level of public compliance increases. However, if social norms conflict with the law, legal violations are more likely to occur. Thus, it can be concluded that social norms have an important role in building a legal culture and enhancing public compliance with legal rules in Indonesia.
Analisis Yuridis Kerangka Hukum Pencapaian Net Zero Emission Mengenai Perlindungan Hak atas Lingkungan Hidup terhadap Operasional PLTU Batubara di Indonesia Hidayat, Muhammad Rahmadzani
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.17850658

Abstract

Indonesia faces significant challenges in balancing energy needs with environmental protection. Coal-fired power plants remain the dominant energy source, yet they generate high emissions and pose public health risks. This study applies a normative-juridical method to analyze the effectiveness of the national legal framework in supporting the achievement of Net Zero Emissions (NZE) and protecting environmental rights. The results show that existing regulations support the energy transition, but implementation remains hampered by coal dominance, weak oversight, and minimal public participation. Legal strengthening, policy integration, and accountability are key to ensuring a sustainable and equitable energy transition.
Regulation of Securities Offering Through Equity Crowdfunding: A Juridical Comparison Between Indonesia and Singapore Fattaya, Zalfa
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.17890831

Abstract

The purpose of this study is to examine and analyze the legal framework governing the offering of securities through equity crowdfunding in Indonesia and Singapore, as well as to identify the similarities and differences between the two regulatory regimes. This research employs a normative legal research method, which focuses on the study of applicable positive legal norms and relevant legal doctrines. This method was chosen because the research centers on the analysis of legislation and legal concepts governing securities offerings through equity crowdfunding, as well as investor protection mechanisms in the legal systems of Indonesia and Singapore.The results of this study show that, in comparing the regulatory frameworks, although both countries share the same objective of balancing innovation and market protection, they differ significantly in their approaches. Singapore adopts a principle-based approach emphasizing intermediary integrity, whereby platform operators are required to meet the high standards of the Capital Markets Services (CMS) Licence and apply investor segmentation (Accredited vs. Retail) to tailor protection. In contrast, Indonesia implements a rules-based approach that prioritizes inclusiveness, imposing specific limitations on issuer profiles (non-conglomerate MSMEs) and applying direct interventions to mitigate risks for retail investors through investment caps based on a percentage of income.
Analisis Kasus Eksekusi Jaminan Hak Tanggungan Dalam Perkara Kredit Macet Dengan Menimbang Pada Undang-Undang Nomor 4 Tahun 1996 Tentang Hak Tanggungan Abdallah, Raffi Ikzaaz; Aritonang, Kaleb Otniel; Naufal, Abyan Hafizd; Adyuanas, Affan; Tarina, Dwi Desi Yayi
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.17838411

Abstract

This study aims to analyze the application of Law Number 4 of 1996 concerning Mortgage Rights in cases of collateral execution in bad debt cases, with a focus on legal certainty and legal protection for the parties. The research method used is normative analysis with a case study through a normative juridical approach, namely analyzing relevant laws and regulations and relating them to a concrete case in Supreme Court Decision Number 3209 K/Pdt/2012. The results of the study show that although the Security Rights Law has provided a strong legal basis for the execution of security rights, in practice there are still obstacles in enforcing legal certanity, especially regarding execution procedures and the protection of debtor rights. This study emphasizes the importance of legal certainty in the execution of mortgage rights as a guarantee for the stability of the banking system and the protection of the rights of parties involved in credit agreements.
Mekanisme Penyelesaian Sengketa dalam WTO Dispute Settlement Body (DSB) dan Relevansinya Bagi Indonesia Simamora, Tesalonika Amazia
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.17868010

Abstract

This study aims to analyze the dispute settlement mechanism of the World Trade Organization (WTO) through its Dispute Settlement Body (DSB) and to examine its legal implications for Indonesia as a member state. The study uses both conceptual and statutory methods in a normative legal approach.  Primary, secondary, and tertiary legal texts that were qualitatively examined using a descriptive-analytical method comprise the data sources. The findings reveal that the DSB’s dispute settlement mechanism operates systematically, encompassing consultation, panel formation, appeal to the Appellate Body, and binding decision implementation. For Indonesia, DSB rulings have multifaceted legal implications, including obligations to adjust national regulations, impacts on economic sovereignty, and the need to enhance legal and diplomatic capacity in international trade. The study concludes that the DSB plays a crucial role in maintaining a balance between adherence to international law and the protection of national interests.

Page 74 of 80 | Total Record : 798

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