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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 Koperasi Dalam Pemutusan Hubungan Kerja Anggota: Studi Kasus Putusan MA No. 361 K/Pdt.Sus-PHI/2024 Ati, Ditia Prabandari Laras; Rambe, Fitri Rahmadani; Syajidah, Hanna Alicia; 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.17853659

Abstract

The liability of cooperatives in terminating the employment of their members is an important issue in both labor law and cooperative law. This study examines the Supreme Court Decision Number 361 K/Pdt.Sus-PHI/2024, which affirms that a cooperative remains positioned as an employer when a genuine employment relationship exists. Unilateral termination of employment without proper procedures and without fulfilling workers’ normative rights is deemed unlawful. The analysis is based on Law No. 13 of 2003 on Manpower, Law No. 25 of 1992 on Cooperatives, and relevant literature indicating that cooperatives are obliged to provide severance pay, long-service awards, and compensation for workers’ rights. The findings emphasize that cooperative management may be held administratively and materially liable for unlawful termination, and that this decision constitutes an important precedent for the protection of members who also hold the status of workers..
Analisis Kasus Perikatan: Wanprestasi dalam Putusan Pengadilan Negeri Jakarta Barat Nomor 785/PDT.G/2023/PN.JKT.BRT Putra, Akasyah Rizwan Kurnia; Karo, Erland Zuhdi Karo; Hisyam, Cyrill Milanesta
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.17897913

Abstract

 Wanprestasi is the debtor's negligence in fulfilling promised performance as defined in Articles 1234 and 1238 of the Civil Code, including failure to perform what was promised, performing inappropriately, being late, or violating the prohibitions of the agreement. This research uses a normative juridical method with a case study approach based on the West Jakarta District Court Decision Number 785/Pdt.G/2023/PN Jkt.Brt to analyze the multipurpose financing agreement case.The case chronology begins with Multipurpose Financing Agreement Number 70413741911 dated September 6, 2019, between PT Clipan Finance Indonesia Tbk (Plaintiff) and Suryani (Defendant) for the purchase of a BMW 320i worth Rp 1,009,620,000 with installments of Rp 16,827,000 per month for 60 months, secured by fiduciary. The Defendant stopped paying after the 20th installment on May 6, 2021. The Plaintiff sent warning letters on May 14 and 22, 2021. The vehicle became evidence of a pyramid scheme crime according to Supreme Court Decision Number 583 K/KPid.Sus/2022. The Plaintiff sued for breach of contract with a demand of more than IDR 1.5 billion plus IDR 500 million in immaterial damages, confiscation, and execution of fiduciary duties. The trial was cancelled because the Defendant failed to appear despite being legally summoned; the judge acknowledged the agreement as valid by considering Articles 1320 and 1338 of the Civil Code, and the breach of contract was proven from Exhibits P-1 to P-19. However, the lawsuit was not ontvankelijk verklaard because the calculation of material losses (0.4%/day fine, penalties, etc.) had no clear legal basis. 
Morality as the Foundation of Legal Formation in Indonesia from the Perspective of Modern Legal Philosophy Putra, Gilang; 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.17716788

Abstract

This study examines the relationship between public morality and the law-making process in Indonesia, focusing on the extent to which moral values are reflected in contemporary legislative practices. Theoretically, an ideal legal system should embody moral principles and prioritize justice and the public good. However, political realities often influence the legislative process, resulting in regulations that do not fully represent societal interests. Several laws enacted in the past two decades—such as the revision of the Anti-Corruption Law (UU KPK), the Mineral and Coal Law (UU Minerba), and the Omnibus Law on Job Creation (UU Cipta Kerja)—illustrate the dominance of political interests and the limited involvement of the public. The findings indicate that legislative practices frequently deviate from the principles of good regulatory formation as mandated by Law No. 12 of 2011 and its amendments, particularly concerning transparency, clarity of purpose, and public participation. Consequently, public trust in the House of Representatives remains low, as reflected in the 2025 survey by Indikator Politik Indonesia. This study underscores the importance of oversight mechanisms such as judicial review and highlights the need for more substantive public participation to ensure that legislation aligns with moral values and promotes social justice.
Perlindungan Hukum Terhadap Anak Dalam Penerbitan Surat Keterangan Catatan Kepolisian Wardana, Andi Kusuma; Simangunsong, Frans
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.17847809

Abstract

atan kriminal anak dalam surat keterangan catatan kepolisian yang tidak ada pembeda antara usia anak dan usia dewasa.. Abstract: Based on Indonesian laws and regulations, this research attempts to ascertain and evaluate the legal protection of children in the issue of Police Record Certificates (SKCK). "Legal Protection of Children in the Issuance of Police Record Certificates" is the title of this thesis. The research employs the statutory approach and the conceptual approach as part of the Normative Legal Research technique. The creation of the problems discussed are: (1) How are the legal regulations for child SKCK according to Indonesian law?, (2) Does the issuance of SKCK provide a guarantee of protection for the confidentiality of data on children's past memories in the issuance of Police Record Certificates? From this approach, it is produced that the first problem formulation will discuss the legal regulations for child protection in the issuance of police record certificates according to Indonesian law. The assurance of protection for the confidentiality of information about children's prior memories in the issue of Police Record Certificates for children pertaining to the rights of children who have been in legal trouble will be covered. 
Islamic Fintech in Indonesia: Between Innovation and Sharia Compliance Said, Muh. Sa’ad; J, Jumriani; Sapa, Nasrullah bin; H, Darmawati
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.17879875

Abstract

Sharia Fintech represents a digital financial innovation that integrates technology with Islamic principles such as the prohibition of riba (usury), gharar (uncertainty), and maysir (gambling). This study analyzes the legal framework and Sharia compliance of fintech in Indonesia through a juridical-normative approach to OJK (Financial Services Authority) regulations and DSN-MUI (National Sharia Council–Indonesian Ulema Council) fatwas. The findings indicate that the application of Maqashid al-Shariah, particularly Hifz al-Mal (protection of wealth) and Hifz al-Din (protection of religion), serves as a crucial foundation for the development of fair and sustainable Sharia fintech. Although regulations such as OJK Regulations No. 3 and No. 26 of 2024, along with DSN-MUI Fatwa No. 117, have provided essential guidelines, there remains a gap between the ideality of fatwas and digital practices—especially in the implementation of the Murabahah contract. Therefore, institutional synergy and the strengthening of technology-based Sharia compliance governance are required to ensure a balance between innovation and Islamic principles.
Penyelesaian Sengketa Jual Beli Tanah Antara Penjual dan Pembeli (Studi Putusan Mahkamah Agung Nomor 3459/K/Pdt/2020) Rizqareka D, Cinta; Afifa, Erina Nur; Busroni, Rania Syifa; 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.17837783

Abstract

Settlement of land sale and purchase disputes between sellers and buyers with a focus on Supreme Court Decision Number 3459/K/Pdt/2020. The dispute arose due to the seller’s breach of contract by refusing to hand over the land object despite the buyer having fully paid the purchase price and completing all procedures for the transfer of rights, including the execution of the PPJB, Power of Attorney, Vacant Possession Deed, and the Sale and Purchase Deed (AJB) before an authorized PPAT. This study aims to analyze the mechanisms for resolving land sale and purchase disputes and to examine the judicial considerations in Supreme Court Decision Number 3459/K/Pdt/2020. The research employs a normative juridical method through an examination of legislation, legal doctrines, and court decisions. The analysis shows that all levels of the judiciary—the District Court, the High Court, and the Supreme Court—found the sale and purchase relationship to be valid and the seller to have committed a breach of contract. The Supreme Court rejected the cassation petition because no error in the application of law was found, while reaffirming the evidentiary strength of authentic deeds and the importance of legal certainty in land transactions. This decision reinforces legal protection for good-faith buyers and provides an important reference for ensuring that land sale and purchase practices proceed in an orderly, lawful manner and prevent future disputes between the parties.
Analisis Wanprestasi dan Penerapan Klausul Non-Competition dalam Putusan Mahkamah Agung Nomor 1785 K/Pdt/2023 Alysha, Nabila; Rahmadani, Fitri; Prabandari, Ditia; Alicia, Hana; Manohara, Safa; 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.17866260

Abstract

This article analyzes the relationship between breach of contract (wanprestasi) and the enforcement of non-competition clauses in employment agreements, using the Supreme Court Decision Number 1785 K/Pdt/2023 as the main reference. The research aims to examine three core aspects: (1) the legal status of post-employment obligations as binding performance, (2) the determination of prohibited actions within non-competition clauses, and (3) the limitation of contractual liability only to parties who expressly bind themselves under the principle of privity of contract. The method used is normative juridical analysis through statutory interpretation, judicial reasoning, and doctrinal review. The study finds that non-competition clauses constitute negative performance that continues to bind workers even after the employment relationship ends, as long as the clause is clearly formulated and mutually agreed upon. The Supreme Court affirms that any form of involvement direct or indirect with a competitor within the agreed period constitutes breach of contract. However, contractual liability cannot be extended to third parties unless they actively participate in the breach. The findings highlight the need for proportionality, clarity of scope, and fairness in enforcing non-competition clauses within Indonesia’s legal framework.
Tinjauan Hukum Perdata terhadap Perjanjian Kerja: Hak dan Kewajiban Pekerja serta Pengusaha Marten, Andre; Nonga, Alvaro Anatollius Vivaldy
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.17812825

Abstract

This study examines the position of employment agreements within the civil law system and their relationship to labor law, focusing on the rights and obligations between workers and employers. Using normative legal research methods, this study analyzes relevant laws and legal doctrines. The results indicate that employment agreements, although based on the principle of freedom of contract (Article 1338 of the Civil Code), have a special character due to their subordinate nature, placing workers under the orders of employers. Therefore, freedom of contract in employment relationships is limited by labor law provisions to protect workers who have a weak bargaining position. Employment relationships give rise to reciprocal rights and obligations that must be implemented fairly, proportionally, and in good faith. Thus, employment agreements are not only legally binding but also serve as a means of realizing social justice and worker welfare.
Analisis Legalitas Pembatasan Impor Produk Pangan Berdasarkan Alasan Kesehatan Publik dalam Kerangka WTO Azzahra, Fatimah
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.17861625

Abstract

This study analyzes the legality of restrictions on food imports based on public health grounds within the legal framework of the World Trade Organization (WTO), specifically through the provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). The tension between a country's sovereign right to protect the health of its citizens and its obligation to liberalize trade often causes controversy, especially when health standards are used as the basis for imposing non-tariff barriers that are potentially protectionist in nature. Using a normative legal research method, this study examines the SPS legal framework, relevant WTO dispute rulings including cases DS484 and DS477/DS478, and academic literature from the last five years. The results show that WTO legal standards require health-based measures to comply with the fundamental principles of scientific basis, proportionality, and non-discrimination, in addition to transparency obligations. The WTO's discrimination assessment mechanism is comprehensive, involving substantive and administrative evaluations, including an examination of the impact of policies on imported products and the consistency of their implementation. This study concludes that Indonesia's main challenges lie in the overlap between health and economic protection objectives, the lack of risk assessment capacity, and administrative inconsistencies that could trigger international disputes. This research is expected to contribute academically to the development of international trade law studies and offer practical guidance for policymakers in designing food regulations that are legally valid, proportional, and in accordance with WTO standards..
Manipulasi Data Kredit Usaha Rakyat sebagai Modus Korupsi: Studi Kasus Kejati Sumatera Selatan di Muara Enim Khairatunnisa, Wahyu; 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.17899092

Abstract

This study examines the practice of data manipulation in the distribution of People's Business Credit (KUR) as a mode of corruption, using a case study of the handling by the South Sumatra High Prosecutor's Office in Muara Enim. The KUR, designed as a financing facility to support the empowerment of micro, small, and medium enterprises, is in practice vulnerable to misuse through debtor data manipulation, identity duplication, and the inclusion of fictitious customers. This method results in misdirected financing, incurring state financial losses, and undermining the primary objective of the KUR program as a driver of economic equality. This study uses a normative juridical approach combined with case studies, examining regulations related to KUR financing, corruption regulations, and investigative documents from the South Sumatra High Prosecutor's Office. The results indicate that KUR data manipulation was carried out through collaboration between unscrupulous bank officials and certain parties who exploited weaknesses in the debtor verification system. Deviations occurred from the administrative process, through eligibility assessment, to fund disbursement. These findings demonstrate that the internal oversight system of banking institutions is not yet functioning optimally, while the government's control mechanism for KUR distribution still has gaps. Furthermore, the Muara Enim case demonstrates that corruption in the distribution of People's Business Credit (KUR) not only results in state losses but also hinders the growth of the MSMEs that are supposed to be the beneficiaries..

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