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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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Pertanggungjawaban Aparat atas Kesalahan Prosedural dalam Kasus Salah Tangkap Ditinjau dari Filsafat Hukum Hidayat, Muhammad Rahmadzani
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.17798937

Abstract

Procedural errors by law enforcement officers that result in wrongful arrests constitute a serious violation of human rights and fundamental principles of justice. This study examines the mechanisms of legal accountability for officers responsible for such errors and analyzes them through the lens of legal philosophy. Using a normative juridical method, this research identifies criminal, civil, administrative, and pretrial remedies as instruments to correct unlawful arrests. Philosophically, the perspectives of Aristotle, Fuller, and Radbruch show that wrongful arrest is not merely a technical mistake but a moral failure that undermines the state's legitimacy in exercising its authority. Therefore, holding officers accountable is essential not only for legal certainty but also for safeguarding substantive justice and restoring public trust in the criminal justice system.
Relevansi Hukum Alam Rasional dalam Interpretasi Pancasila Sebagai Sumber Dari Segala Sumber Hukum A, Annisa; Wahdah, Azzhara Nikita; Tambunan, Joy Catherine Carina; Rubianti, Vaganti Safa Sukma; Triadi, Irwan
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.17853185

Abstract

Pancasila, as the source of all sources of law, has a central position in Indonesia's national legal system. However, the main challenge faced is how to translate the abstract values of Pancasila into concrete and operational positive legal norms. This article examines the relevance of the concept of rational natural law as a philosophical approach in interpreting Pancasila contextually in the formation of legislation. Rational natural law emphasizes the importance of reason and universal moral values as the basis for the formation of law, so that the law is not only formally valid, but also substantially fair. In the Indonesian context, Pancasila values such as social justice, fair and civilized humanity, and deliberation are consistent with the principles of rational natural law. Through this approach, Pancasila values can be transformed into legal principles that are relevant to the needs of modern society, such as the principles of proportionality, balance of interests, and protection of natural rights. This study uses a normative juridical method with a legislative approach and qualitative analysis of regulations and court decisions that reflect the application of rational natural law principles. The results of the study show that the interpretation of rational natural law in relation to Pancasila acts as a bridge between philosophical values and positive legal norms, as well as a filter against global influences so that national law continues to reflect the nation's identity.
Pertanggungjawaban Pidana Korporasi terhadap Pencemaran Lingkungan : Studi Kasus Masyarakat Hinkley, California Melawan Pacific Gas and Electric Company Savitri, Ayu; Jannah, Rahmatul; Aurella, Lois Salwa; Rakha, Agung; Firdaus, Muhammad Razaq
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

The environmental pollution case that occurred in Hinkley, California, by Pacific Gas and Electric Company (PGE) is one of the most serious examples of environmental law violations, causing significant health and social impacts on the community. This paper examines corporate criminal liability for environmental pollution crimes by reviewing the PGE case as the primary study. This research employs a normative juridical method with a conceptual and case-study approach. The analysis shows that corporate criminal liability must be strictly enforced, as PGE’s actions meet the elements of an environmental crime that resulted in widespread public harm. This study also provides a comparison of corporate criminal law principles applied in the United States and Indonesia.
Legal Accountability for Environmental Impacts Resulting from the Use of Tear Gas in Public Demonstrations Maghfiroh, Laily
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.177072

Abstract

This study aims to analyze the form of legal liability for environmental pollution caused by the use of tear gas during the demonstration on August 28–29, 2025, in Jakarta, as well as to examine the environmental impacts resulting from the use of such chemical agents. The research employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of primary sources, including the 1945 Constitution of the Republic of Indonesia, Law Number 32 of 2009 on Environmental Protection and Management, and various relevant police regulations, supported by secondary and tertiary legal materials. The analysis is conducted through a descriptive qualitative approach, comparing the empirical reality of tear gas use that leads to pollution and public health impacts with the legal norms that should guide law enforcement officials in accordance with environmental law principles and human rights standards. The findings indicate that the use of tear gas in crowd control activities has the potential to violate environmental law provisions, cause air pollution, and negatively affect public health and the ecological balance in the affected areas.    
Analysis of the Interpretation of Article XI GATT in the Case Study of Indonesia’s Nickel Ore Export Ban, WTO Case No. DS592 Talitha, Raisyha; Nurkhaerani, Ema
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.17847656

Abstract

This study analyzes the interpretation of GATT 1994 Article XI by the WTO Panel in the DS592 dispute (Indonesia—Measures Relating to Raw Materials) concerning Indonesia's nickel ore export ban. This policy is deemed to violate the fundamental principle of GATT Article XI:1 on the absolute prohibition of quantitative restrictions. The research utilizes a normative legal research method with case and statutory approaches. The conclusion shows that the WTO Panel factually determined the export ban violates GATT Article XI:1. The Panel rejected all of Indonesia's justification arguments (Article XI:2(a) and Article XX(d)) due to a strict interpretation and Indonesia’s failure to prove the absolute ban was a "necessary measure." The legal implication is that Indonesia must reformulate its downstreaming policy from export bans to WTO-allowed instruments, such as progressive export taxes, to mitigate the risk of future trade sanctions.
Analisis Yuridis Putusan Pailit PT Sritex dan Implikasi Hukumnya terhadap Perlindungan Karyawan Serta Keberlangsungan Usaha Manohara, Safa; Hania, Sally; Zevanya, Keisha; 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.17879208

Abstract

Bankruptcy is a very undesirable situation for a company, considering that the losses it causes are not only felt by the company itself but also by various stakeholders, especially workers and creditors. This research focuses on the bankruptcy decision handed down to PT Sritex in October 2024, which has a significant impact on employee rights and the company's business continuity. The method used is normative juridical with a case study, which examines the provisions of national law related to bankruptcy and Suspension of Debt Payment Obligations, as well as analyzes court decisions and related legal documents. The findings of the study show that although Sritex has made various efforts to resolve its obligations to employees, including the payment of BPJS salaries and contributions, challenges related to the payment of workers' rights such as severance pay and other compensation remain. This study also highlights that although Law Number 37 of 2004 regulates the protection of business continuity through the principle of business continuity and the PKPU mechanism, implementation in the field often faces structural, technical, and institutional constraints, including suboptimal curatorial supervision and limited transparency from debtors. Therefore, this study recommends strengthening the role of curators and increasing debtors' financial transparency as key factors in the optimal application of the principle of business continuity as an instrument of legal protection while supporting business sustainability. The contribution of this study lies in a deeper understanding of the dynamics of bankruptcy in Indonesia and its legal implications for worker protection and business continuity..
Implementasi Prinsip Tanggung Jawab Negara dalam Mitigasi Perubahan Iklim Berdasarkan Paris Agreement L, Lazarus
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.17837666

Abstract

Climate change has become a global challenge that requires a collective commitment from all countries in the world. The Paris Agreement serves as an international legal framework that regulates the responsibilities of each state in climate change mitigation efforts through the principle of common but differentiated responsibilities and respective capabilities. Indonesia, as a developing country that has ratified this agreement through Law Number 16 of 2016, has a legal obligation to reduce greenhouse gas emissions in accordance with its capabilities. This study examines how the principle of state responsibility in climate change mitigation is implemented in Indonesia based on the Paris Agreement, as well as the obstacles encountered in its implementation. The research method employed is normative juridical, using statutory and conceptual approaches. The findings indicate that Indonesia has undertaken various implementation efforts through its Nationally Determined Contribution (NDC). However, challenges in financing, technology, and cross-sectoral coordination continue to hinder the achievement of emission reduction targets..
Perlindungan Hak Pengguna dalam Praktik Pengolahan Data oleh Platform TikTok sebagai Penyelenggara Sistem Elektronik Privat: Analisis dalam Perspektif Hukum Teknologi Informasi A, Amelia; Nurkhaerani, Ema
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.17866096

Abstract

The development of the TikTok platform as a private Electronic System Operator (PSE) with 157.6 million Indonesian users has triggered a massive increase in the processing of personal data. This study analyzes the forms of protection of TikTok users' rights based on Law Number 11 of 2008 concerning Electronic Information and Transactions (amended by Law Number 1 of 2024), Law Number 27 of 2022 concerning Personal Data Protection, and Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, as well as legal sanctions for violations of data transparency and accountability. This study uses a normative juridical method, and the results show comprehensive protection through the rights of access, correction, data deletion, and age verification for children, supported by gradual sanctions ranging from administrative to criminal imprisonment and fines of billions of rupiah. The precedent of TikTok's TDPSE suspension by Komdigi in October 2025 proves effective enforcement. The study recommends strengthening audits, independent supervisory agencies, and data localization for large PSEs to reinforce Indonesia's digital sovereignty.
Energy Access Inequality in Indonesia: Socio-Economic Impact Analysis of the 2025 Pertamina Case on Fulfilling Citizens' Rights to Fair and Affordable Energy Syakira, Firda; Fajri, Inayah; Artika, Revalina; Khairunnisa, Selvi Salsabillah
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.17812151

Abstract

Energy inequality in Indonesia is exacerbated by corrupt practices, as in the "2025 Pertamina Corruption Case". This research analyzes the socio-economic impact of this case as a violation of citizens' rights to fair energy. Using a qualitative-juridical method, the findings show that corruption (e.g., mark-ups subsidy embezzlement) directly impacts poor households, MSMEs, and hinders development in 3T regions. This corruption is proven to violate constitutional rights. The proposed solutions are the reconstruction of energy regulations and fundamental reforms of BUMN governance (GCG).
Analisis Prinsip-Prinsip dan Mekanisme Penyelesaian Sengketa WTO dalam Memastikan Keadilan Sistem Perdagangan Internasional Modern Putri, Cinta Aisyah
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.17861565

Abstract

This article analyzes the principles and dispute settlement mechanisms implemented by the World Trade Organization (WTO) to ensure fairness and order in the modern international trade system. The study employs a normative juridical method with a conceptual approach based on secondary data. The results indicate that WTO’s fundamental principles, such as Most-Favoured Nation (MFN), National Treatment (NT), transparency, and predictability, play a crucial role in preventing trade disputes. Moreover, the dispute settlement mechanism through the Dispute Settlement Body (DSB) has proven effective, structured, and transparent in resolving conflicts among members, thereby strengthening the credibility and integrity of the global trading system. The synergy between WTO principles and the DSB mechanism provides a solid foundation for a fair, orderly, and predictable international trade environment.

Page 77 of 80 | Total Record : 798

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