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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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Dampak Buruk atas Tindak Pidana Korupsi yang Terjadi di Indonesia Ramadhani, Prasya Putri; Yusuf, Hudi
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.17815737

Abstract

Corruption is an extraordinary crime that has wide–ranging impacts on national development. This study aims to analyze the elements of corruption as regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, the factors contributing to the rise of corruption cases, and strategies for combating them. The research employs a literature study method involving legislation, court decisions, and previous studies. The analysis shows that corruption is caused by weak integrity among officials, ineffective supervisory systems, and a permissive culture. Combating corruption requires repressive, preventive, and systemic approaches through bureaucratic reform. Corruption in Indonesia is no longer a new legal problem for the state, as corruption has existed for thousands of years in both developed and developing countries, including Indonesia. The Anti-Corruption Law stipulates that individuals who commit corruption must compensate for state losses due to the economic and social impacts inflicted on state finances. Over time, increasing prison sentences for corruptors is expected to create a deterrent effect, thereby reducing corruption crimes.
Hukum Formal dan Praktik Sosial dalam Mengurai Kesenjangan Upah Gender di Sektor Informal Indonesia Sari, Kinanti Lukman
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.17861862

Abstract

The gender wage gap in Indonesia's informal sector is a deep-rooted issue that hasn't been properly tackled by law. Though there are many rules like the 1945 Constitution, Law No. 13/2003 on Manpower, Law No. 11/2020 on Job Creation, and international agreements such as CEDAW and ILO Convention No. 100, which all support the idea of equal treatment, women in the informal sector still earn less than men. This study, based on existing research, looks at the challenges women in informal jobs face, the difference between the laws and how they are actually applied, and the long-standing barriers that keep pay inequality alive. The results show that unequal pay isn't just because of poor enforcement of the law, but also because of deep-rooted beliefs that women are not the main earners, their lack of access to money and training, and the fact that there's no official system to check labor conditions in the informal sector. These pay gaps cause serious problems in society and the economy, like more women living in poverty, fewer chances for kids to get an education or good healthcare, and lower overall productivity for the country. Even though the legal system in Indonesia seems strong, it doesn't work well for informal workers because there are no systems in place to reach them. The study calls for a more flexible and community-focused legal strategy, stronger groups of women in the informal sector working together, and a change in how society sees the value of women's work to truly achieve fair pay.
Ketidakpastian Hukum dalam Transaksi Jasa Titip Luar Negeri Tanpa Kontrak Tertulis dan Peran Contract Drafting sebagai Instrumen Perlindungan Hukum Putra, Muhamad Ilham Nugraha; Siswana, Rahmania Diva; Silkani, Ni Luh; Rajib, Rayi Kharisma
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

The phenomenon of overseas proxy shopping servicesis growing rapidly as part of the digital economy, but the practiceis informal and without written contracts, creating legal uncertaintyfor all parties. Jastip transactions, which are often conducted through social media, rely solely on trust and brief communication, creatingvulnerabilities to fraud, default, non- conforming goods, damage,and issues of responsibility for customs fees and cross- jurisdictional risks. The absence of a contract means that the legal relationship between the jastiper and the consignor lacks a clear structure, making it difficult to determine rights,obligations, and dispute resolution in the event of loss. This articleanalyzes the forms of legal uncertainty in foreign jastip transactionswithout contracts and explains the strategic role of contract drafting as ainstrument of legal protection. Through the preparation of a written contract that includes the identities of the parties, specifications of the goods, risk sharing, costs, delivery mechanisms, refunds, and dispute resolution, contract drafting is able toprovide legal certainty, protect the rights of the parties, minimize the risk ofdisputes, and increase the professionalism of jastip practices. Therefore,the existence of a written contract is not merely a formality, but a fundamental necessityto create safe, transparent, and accountable jastip transactionsin the cross-border digital trade ecosystem
Transformasi Paradigma Filsafat Hukum di Era Kecerdasan Buatan: Analisis Filosofis atas Legitimasi, Akuntabilitas, dan Keadilan Yurisprudensi Berbasis AI di Indonesia (Studi Kasus Implementasi Sistem Analisis Putusan di Universitas Muhammadiyah Malang) Hakeem, Mirza Athaya Ghaisan
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.17851262

Abstract

The development of Artificial Intelligence (AI) has brought significant transformations to judicial processes, particularly in legal analysis and decision-making. This study aims to analyze how the legitimacy of AI-assisted jurisprudence can be maintained, how the accountability and fairness of AI-influenced court decisions can be ensured, and the implications for contemporary legal philosophy in Indonesia. The research employs a contemporary legal philosophy approach, combining normative, theoretical, and empirical analyses, focusing on the case study of the Retrieval-Augmented Generation (RAG) system implementation at Universitas Muhammadiyah Malang (UMM), which analyzed 408 court decisions related to human trafficking crimes (TPPO). The results indicate that jurisprudential legitimacy can be preserved if final decisions remain under the authority of judges, while AI serves as a tool to enhance efficiency, consistency, and decision accuracy. Accountability is maintained through algorithm audits, transparency, and human oversight, whereas substantive justice requires human consideration of social, cultural, and moral contexts. These findings highlight a paradigm shift in Indonesian legal philosophy toward a hybrid model integrating technology with human ethical-legal judgment, while preserving the integrity, morality, and legitimacy of jurisprudence. This study is expected to serve as a reference for developing regulations and AI applications in the Indonesian legal system.
Transparansi Material Information bagi Pemegang Saham Minoritas dalam Proses Merger dan Akuisisi: Studi Perbandingan Regulasi Good Corporate Governance Indonesia dan Singapura Putri, Catharina Crisanty Eva
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.17894992

Abstract

This study compares the Good Corporate Governance (GCG) regulations concerning the transparency of material information for minority shareholders during Mergers and Acquisitions (MA) in Indonesia (UUPT POJK) and Singapore (The Takeover Code CA). The study analyzes disclosure obligations to prevent asymmetric information and the role of Directors' fiduciary duty.It was found that although disclosure obligations in both countries are protective, Singapore is superior in preventing asymmetric information through its principle-based approach which strictly enforces the principle of Equality of Information (Rule 12 The Takeover Code) , prohibiting selective disclosure. Conversely, Indonesia has significant gaps due to reliance on formal materiality thresholds and a lack of universal detailed standards ,thus keeping the risk of asymmetric information high.Regarding Directors' fiduciary duty, this obligation serves as the main catalyst. In Indonesia (Pasal 97 UUPT), the focus is on the Duty of Care and Duty of Loyalty in ensuring document integrity, while in Singapore (Section 157 CA), the focus is directed towards enforcing the principle of equal treatment (General Principle 1). Procedurally, Indonesia excels in granting an explicit legal Exit Right (Pasal 62 UUPT) for dissenting minorities, whereas Singapore emphasizes price guarantee through the Mandatory Offer (Rule 9 The Takeover Code).
Tinjauan Yuridis dan Prosedur Penanganan Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial (Studi Implementasi UU ITE No. 1 Tahun 2024) Anisah, Aura; Nirwana, Rena Putri; Anindya, Salma Elsa; Manogu Sitompul, Theodore Daniel Sebastian; Nugroho, Andriyanto Adhi
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.17704076

Abstract

This study aims to review the legal regulation concerning defamation through social media based on the Information and Electronic Transactions Law (UU ITE) No. 1 of 2024 and to describe the legal procedures for handling defamation crimes via social media. The method used is normative legal research with a juridical and procedural analysis approach. The findings reveal that UU ITE No. 1 of 2024 provides detailed regulation on acts of defamation through social media, including the criminal elements and sanctions imposed, such as imprisonment up to 2 years and a maximum fine of IDR 400 million. The handling procedure typically begins with a complaint from the victim to the authorities, followed by complaint registration, investigation, evidence examination, and if the elements are met, the case proceeds to prosecution and trial stages. In conclusion, the legal provisions in UU ITE offer a strong legal basis to address defamation on social media, and the procedural handling guarantees victim protection and provides a deterrent effect for offenders.
A Comparative Study of Marriage Agreements Between Cross-National Couples in Indonesia and the Netherlands Rizqareka D, Cinta; Afifa, Erina Nur; Busroni, Rania Syifa; Fazila, Raysha Aulia; Akbar, Muhamad Dafi; Ramadhani, Dwi Aryanti
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.17847469

Abstract

Marriages between Indonesian citizens and foreign nationals create complex legal consequences, particularly regarding the regulation of joint property and the legal status of the parties involved. A prenuptial agreement serves as an essential legal instrument to provide legal certainty and protection for the rights and obligations of both spouses. This study aims to analyze the differences in the regulation of prenuptial agreements for couples with different nationalities between Indonesia and the Netherlands, as well as to examine their implications for the recognition and enforcement of such agreements in both countries. The research employs a normative juridical method with statutory and comparative approaches, using primary legal materials such as the Indonesian Civil Code and the Dutch Burgerlijk Wetboek, along with secondary materials including legal literature and academic journals. The findings reveal that Indonesia still applies the joint property system as the default rule under Law Number 1 of 1974 on Marriage, whereas the Netherlands, since 2018, has adopted the limited community of property system, which establishes the separation of personal property as the legal foundation. Moreover, the Netherlands grants couples with different nationalities the freedom to choose the applicable law through the choice of law mechanism as regulated in Council Regulation (EU) No. 2016/1103, while Indonesia does not yet have a clear mechanism in this regard. These differences have implications for legal certainty, regulatory flexibility, and the protection of spousal rights in mixed marriages
Tanggung Jawab Platform Digital dan Perlindungan Hak Korban: Analisis Intermediary Liability di Indonesia Fadhila, Gusti Tiya Yolanda Nur
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.17878801

Abstract

A critical evaluation is needed of Indonesia's legal framework in dealing with Online Gender-Based Violence, particularly revenge porn and cyberbullying. The research focuses on evaluating the effectiveness of Indonesia's Intermediary Liability in forcing global Electronic System Operators to takedown illegal content, and the compatibility of Restorative Justice with technical recovery for victims, namely the Right to Erasure. Through a normative-analytical approach, it was found that current administrative sanctions against global Electronic System Operators, such as fines, fail to create a deterrent effect due to jurisdictional constraints. In addition, they often become pseudo-resolutions because the focus on reconciliation ignores the main technical problem, namely the content that is still circulating, which perpetuates the trauma of victims. It is recommended to adopt a Fast-Track Removal mechanism managed by an independent authority with quasi-judicial powers. Furthermore, the establishment of the Right to Erasure as a mandatory and verifiable requirement in every Online Gender-Based Violence Restorative Justice agreement, reinforced by progressive operational sanctions based on the Personal Data Protection Law, is essential for comprehensive protection of victims.
Adaptive Approaches to Tax Enforcement Amid the Emerging Challenges of the Digital Economy Rohmatuloh, Piki; Denasetya, Mochamad Rif'at; Persada, Muhammad Azaria Kanigara; Ma'ruf, Nurulloh Misbahul; Ramadhan, Novandio Satria; Najmudin, Nandang
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.17837519

Abstract

Tax law enforcement in the digital economy era has become a major challenge for governments in ensuring taxpayer compliance amid technological advancements and cross-border business models. This study aims to analyze adaptive strategies for tax law enforcement to remain relevant in responding to digital transformation. The research uses a qualitative literature study approach, referring to Soerjono Soekanto’s theory of law enforcement, Everett Rogers’ diffusion of innovation theory, and Lawrence M. Friedman’s legal system framework. The findings indicate that the effectiveness of tax law enforcement is highly influenced by regulatory readiness, the quality of human resources, and the utilization of information technology such as big data and artificial intelligence in monitoring. The discussion emphasizes the need for inter-agency synergy and digital literacy for taxpayers to prevent tax evasion. The conclusion highlights the importance of adaptive strategies focused on collaboration, technological innovation, and fiscal justice to establish a transparent and sustainable tax system.
Kedudukan Bukti Elektronik dalam Pembuktian Perkara Perdata Pasca Penerapan Peradilan Digital Arifatunnisa, Shifa; 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.17865598

Abstract

The digital transformation of Indonesia’s judiciary marked by the implementation of the e-Court system and the enactment of the Electronic Information and Transactions Law (ITE Law) has created a new legal space for electronic evidence in civil litigation. This article examines the legal standing of electronic evidence following the adoption of digital justice mechanisms, focusing on its admissibility, probative value, and practical challenges in courtroom application. Employing a normative juridical approach, the study finds that electronic evidence such as instant messages, emails, and digital documents is legally recognized as valid proof, provided it satisfies the principles of authentication, data integrity, and substantive relevance to the dispute. Nevertheless, its integration into the civil procedural framework remains hampered by regulatory misalignment between the ITE Law and classical civil procedure rules (HIR/RBg), the absence of technical guidelines for verification, and limited judicial capacity in digital forensic assessment. These findings underscore the urgent need for normative harmonization and enhanced technological literacy among legal practitioners to ensure a fair, efficient, and digitally responsive justice system.

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