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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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Analisis Yuridis Terhadap Pertanggungjawaban Pidana Pada Kasus Korupsi Proyek Studio LPP TVRI Kepulauan Riau Pratiwi, Kekeh Intan; Bangun, Anza Ronaza
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.17898660

Abstract

This study examines criminal liability in the corruption case of the LPP TVRI Riau Islands Studio Development Project, which involved three defendants with sentences ranging from 1.6 to 6 years in prison. This case is an important representation in understanding how law enforcement officers apply the elements of criminal acts of corruption as stipulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. The focus of the research is directed at the legal construction related to proving the elements of enriching oneself or others, the existence of unlawful acts, and the occurrence of state losses based on the calculations of state auditors. Through a normative legal approach by examining court decisions, related regulations, and academic literature, this study found that the judge considered the role of each defendant, from planning, budgeting, to project implementation. Criminal liability was established based on the level of involvement, intent, and abuse of authority proven during the trial process. In addition, the decision demonstrates the consistent application of the mens rea and actus reus doctrines in criminal law on corruption, while also reflecting preventive efforts to strengthen the governance of public broadcasting institutions. The research findings indicate that criminal liability is determined not only by position but also by active contribution to the occurrence of state losses. This research emphasizes the importance of improving the internal oversight system of broadcasting institutions to prevent similar corrupt practices. Therefore, this legal analysis provides a comprehensive overview of the application of law in regional corruption cases and its relevance to national law enforcement.
International Criminal Law Enforcement Against International Terrorist Networks: A Case Study of the Hambali Terrorism Network and Its Legal Implications Rasyad, Pasha Athallah; Hadhani, Muhammad Gading Bintang; Tambunan, Daniel
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.17779486

Abstract

Terrorism is a transnational crime that has evolved into an increasingly complex and organized form of threat, operating through global financing networks, cross-border recruitment, digital communication technologies, and decentralized structures that transcend national jurisdictions. These characteristics render domestic legal frameworks insufficient to address the operational dynamics of modern terrorist networks. This study aims to analyze the enforcement of international criminal law against international terrorist networks and examine its legal implications for national jurisdictions. Using a normative juridical method supported by a statute approach and case approach, this research examines international legal frameworks—including thematic conventions and United Nations Security Council resolutions—as well as relevant national regulations, particularly Indonesia’s Law No. 5 of 2018 on the Eradication of Terrorism. The findings indicate that despite the existence of numerous instruments encouraging global cooperation, the enforcement of international criminal law continues to face significant challenges, such as the absence of a universally accepted definition of terrorism, inconsistencies between national legal systems, and limited mechanisms for cross-jurisdictional implementation. Furthermore, the study emphasizes the importance of upholding human rights principles—especially fair trial guarantees, non-refoulement, and protection against torture—within counter-terrorism efforts. This research concludes that effective eradication of international terrorist networks requires stronger harmonization between international and national legal frameworks, enhancement of inter-state cooperation mechanisms, and continuous development of law enforcement capacities to address the evolving nature of transnational terrorism.
Kajian Hukum Lingkungan Atas Transisi Mobil Berbahan Bensin Ke Listrik Terhadap Penggunaan Litium dan Limbah Baterai Saputra, Muhammad Dewanto Adi
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.17850795

Abstract

This study critically examines Indonesia's environmental law regulations governing the transition from gasoline to electric vehicles, which relies on water- and energy-intensive lithium extraction—up to 22.729 galon per ton of carbonate and 13,92 ton CO₂ ekuivalen from hard rock mining—alongside the explosion of toxic B3 battery waste, revealing the paradox of tailpipe emission reductions offset by upstream externalities such as hydrological degradation and heavy metal contamination akin to the Teluk Buyat case, where UU 32/2009 PPLH and Perpres 79/2023 fail to mandate holistic life cycle management. Employing a doctrinal normative juridical approach supplemented by empirical elements through industry interviews, the analysis confirms normative fragmentation in instruments like PP 27/2020 limbah B3 and Permen LHK 12/2021 emisi daur ulang, which inadequately address EPR tracking and 95 percent recovery rates per battery chemistry (NMC-LFP), amid implementation challenges of Perpres 79/2023 including local recycling capacity at only 10 percent, weak inter-ministerial coordination, and the transfer of imported lithium impacts from Chile-Australia violating the precautionary principle and polluter pays doctrine. In conclusion, this fragmented normative framework threatens NZE 2060 via risks of lithium leaching and tropical thermal runaway, necessitating reforms such as a dedicated EPR mandatory act, national task force, and RD in hydrometallurgy to synergize green constitutionalism with resource sovereignty.
Transparency and Public Access to Electronic Civil Case Documents: Between Openness and Data Privacy Ardelia, Sekar Galuh; 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.17892702

Abstract

The implementation of the electronic court system in Indonesia has brought numerous benefits, such as increased transparency and accountability of the judiciary. However, this system also poses challenges regarding the protection of personal data contained in case documents. Public information openness must be balanced with strict regulations to protect the privacy of individuals involved in legal proceedings. This research analyzes the challenges and policy recommendations aimed at strengthening the balance between transparency and personal data protection in the electronic court system. The recommendations include the development of derivative regulations for the PDP Law, the implementation of secure document management systems, and training for court officials and the public regarding information access rights. This study also suggests further research on the impact of transparency on public trust and international comparative studies to improve the implementation of the electronic court system in Indonesia
Cyber Security Governance: Peran Organisasi Internasional dalam Pembentukan Norma Keamanan Siber Global Hakeem, Mirza Athaya Ghaisan; Febriza, Muhammad Dyo; Putra, Alfarel Endito
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.17695151

Abstract

The development of information and communication technology has significantly transformed global interactions but also generated complex and cross-border cyber threats, including ransomware, data theft, and critical infrastructure sabotage. The borderless nature of cyberspace makes it impossible for a single country to handle these threats independently, highlighting the need for internationally agreed norms and cybersecurity governance. Based on this context, this study aims to analyze the role of international organizations, such as the UN, ITU, NATO, OECD, and ASEAN, in establishing global cybersecurity norms and to explore the prospects for strengthening cybersecurity governance through international and regional cooperation. This research employs a normative juridical method with a literature review approach, analyzing international legal instruments, official documents of international organizations, and relevant academic literature on cybersecurity governance.
Peran World Trade Organization WTO Dalam Penyelesaian Sengketa Perdagangan Internasional Sapanah, Mawar
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.17844160

Abstract

The World Trade Organization (WTO) is an international trade organization that plays an important role in regulating, facilitating, and resolving trade disputes between countries. This study aims to understand the role of the WTO in resolving international trade disputes and to examine the dispute settlement mechanisms that apply within the WTO framework. The research uses a normative juridical method by examining secondary data in the form of literature, journals, scientific articles, and relevant international legal provisions. The results of the study show that the WTO has two main roles in dispute settlement, namely a legislative role through the regulation of various international trade agreements and an adjudicative role through consultation forums, panels, appellate bodies, and the implementation of decisions. The WTO dispute settlement mechanism is implemented through consultation, panel formation, panel report ratification, appeal process, and implementation of decisions by member countries. With this mechanism, the WTO is able to provide legal certainty and encourage the creation of an orderly, transparent, and fair global trading climate.
Tanggung Jawab Perusahaan Terhadap Proses Jual Beli Non-Prosedural oleh Karyawan (Salinan Putusan Nomor 1666 K/PDT/2022) Kumalasari, Ganit Fitria; Angelina, Sandra Laudya; Zevanya, Keisha; Putri, Naurah Arista; Setyo, Pradana Adji; 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.17875044

Abstract

This study examines corporate civil liability for employees’ non-procedural gold trading activities based on the Supreme Court Decision No. 1666 K/Pdt/2022. The analysis focuses on the application of Articles 1365 and 1367 of the Indonesian Civil Code to determine the extent of a company’s responsibility when an employee commits an unlawful act within the scope of employment. Employing a normative juridical approach through statutory analysis, doctrinal review, and judicial reasoning assessment, this research reveals that the Supreme Court upheld joint and several liability between PT AT Tbk. and its employees for losses arising from an improper gold transaction, affirming that the corporation remains liable for wrongful acts committed by its staff during the execution of their official duties. The ruling strengthens the legal concept of vicarious liability in modern corporate practice and constitutes an important precedent for consumer protection and legal certainty in high-value commercial transactions.
Reformulasi Pertanggungjawaban Negara terhadap Kerusakan Lingkungan Lintas Batas dalam Perspektif Ekologi Hukum Mufti, Muhammad Wildan
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.17817357

Abstract

Transboundary environmental harm presents a serious challenge in international law because activities conducted by one state may cause significant ecological impacts on another. The current doctrine of state responsibility remains inadequate, primarily due to the dominance of state sovereignty, difficulties in proving causation, weak due diligence standards, and the absence of binding sanctions or ecological restoration mechanisms. This study analyzes these shortcomings and proposes a more ecologically responsive reformulation model through an ecocentric approach and ecological jurisprudence perspective. The proposed reform strengthens the principles of prevention, ecological restoration obligations, cross-border transparency, and more robust enforcement mechanisms. Thus, state responsibility becomes not only compensatory but also oriented toward ecosystem protection and intergenerational justice as the foundation for sustainable global environmental governance.
Pembatasan Penerapan Local Content Requirements oleh Negara Berkembang Sebagai Konsekuensi Ketentuan Trims dalam Kerangka Perdagangan Internasional Rahmadani, Novia
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.17862318

Abstract

The restriction of Local Content Requirements (LCR) within the international trade regime presents a significant challenge for developing countries that rely on such policy instruments to strengthen their domestic industries. Under the WTO’s Trade-Related Investment Measures (TRIMs) Agreement, LCR is deemed inconsistent with the principles of National Treatment and the prohibition of quantitative restrictions, thereby limiting the ability of developing countries to pursue industrialization. This study aims to examine how TRIMs restrict the implementation of LCR and to analyze the legal and economic implications of these restrictions on industrial policy. Using a normative juridical method with a conceptual approach through literature and development theory analysis, the study finds that LCR restrictions reduce policy space, slow technology transfer, weaken domestic supply chains, and increase import dependence. It concludes that these restrictions are not merely legalistic but structurally impactful, necessitating alternative policies that remain compliant with WTO rules.
Positivism and Its Implications for Legal Science and Law Enforcement Rilya, Muhammad Avin Athalla; 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.17800493

Abstract

This study aims to critically analyze the concept of positivism—both as a paradigm in the philosophy of science and as a school of thought in legal theory (legal positivism)—and examine its profound implications for the development of science (particularly the social sciences) and law enforcement practices. Positivism, which emphasizes empirical data, observation, verification, and a clear separation between fact (is) and value (ought), has shaped modern scientific methodology. However, when applied to law, legal positivism (as advocated by Austin and Kelsen) limits legal validity to formal procedures and competent authorities, ignoring moral considerations or substantial justice. Using normative-empirical research methods and a comprehensive literature review, it is found that the dominance of positivism in science fosters methodological objectivity, but in law enforcement, it can produce procedural legitimacy that is vulnerable to justice criticism. The main implication is the emergence of tension between the legal certainty promised by positivism and the pressing demands of substantive justice.

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