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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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Legal Protection for Women as Victims of Rape in the Perspective of Feminist Legal Theory Santoso, Niken Larasayu; Suhariyanto, Didik; Setiawan, Puguh Aji Hari
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.17786349

Abstract

Sexual violence against women, particularly rape, remains a serious issue in Indonesia despite the enactment of Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS). However, in practice, there is a significant gap between normative ideals and the reality of law enforcement. Many law enforcement officers are reluctant or have yet to fully understand the UU TPKS, resulting in sexual violence cases still being processed under the KUHP. Consequently, victims experience revictimization, limited access to restitution and recovery services, and a legal system that fails to recognize women’s experiences as complete legal subjects. This study employs a normative legal method with a qualitative approach. The primary sources of data consist of secondary legal materials, including legislation (particularly UU TPKS and the KUHP), court decisions (West Jakarta District Court Decisions Number 412/Pid.B/2023 and 722/Pid.B/2023), scholarly journals, and literature related to Feminist Legal Theory. The analytical technique used is sociological interpretation to connect legal norms with social realities, examined through the framework of Feminist Legal Theory (FLT) as a critical tool to identify gender bias within the legal system. The findings reveal that legal protection for women who are victims of rape has not yet fully aligned with the principles of substantive justice and feminist perspectives. Although the UU TPKS offers a victim-centered approach and recognizes various forms of non-physical violence, its implementation remains hindered by patriarchal legal culture, insufficient training for law enforcement officers, and weak inter-institutional coordination. Court decisions applying the UU TPKS tend to be more responsive to victims’ trauma compared with those applying the KUHP. 
Konsep Keadilan dalam Filsafat Hukum: Analisis Perspektif Positivisme dan Hukum Alam 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.17851151

Abstract

This study examines the classical debate between legal positivism and natural law theory in understanding the concept of justice. The tension between these two schools of thought has persisted for centuries and remains relevant in contemporary legal practice in Indonesia. Using a qualitative approach through library research, this study analyzes how each school defines justice, the implications for the formation of positive law, and their relevance to the Indonesian legal system. The findings indicate that legal positivism emphasizes legal certainty through the separation of law and morality, whereas natural law theory prioritizes the substantive notion of justice derived from universal values. In practice, the Indonesian legal system requires a synthesis of both perspectives to achieve substantive justice while ensuring legal certainty. This study recommends the adoption of an integrative approach that focuses not only on procedural aspects but also on the substantive dimensions of justice in every legal product.
Tanggung Jawab Dewan Komisaris dalam Kepailitan Perseroan Terbatas di Indonesia: Studi Komparatif dengan Negara Vietnam Palallo, Fachri Rizqi Ramadhan
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.17893386

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.
Analisis Hukum Pengadaan Barang/Jasa Terhadap Kasus Korupsi Proyek Tol Mbz: Pelanggaran Tender dan Pertanggungjawaban Korporasi Setiawan, Antonius Ryan Dandy; Syah, Aurellia Zerikha; Sihotang, Josua Ferdinand; Narindra, Rochella Amalia
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.17698517

Abstract

This study analyzes legal violations in the procurement of goods/services in the corruption case of the Sheikh Mohammed bin Zayed (MBZ) Toll Road project, focusing on deviations from the principles of Presidential Regulation Number 16 of 2018 and the application of corporate criminal liability under Article 20 of Law Number 31 of 1999 as amended by Law Number 20 of 2001 on the Eradication of Corruption Crimes (UU Tipikor). The case reveals patterns of tender collusion, technical specification manipulation, budget mark-ups, and collusion causing state losses up to IDR 510 billion, violating principles of efficiency, transparency, accountability, competitiveness, and value for money. Using a normative juridical approach with secondary data from regulations, court decisions, and scholarly literature, the analysis concludes that corporations like KSO Waskita-Acset meet the corporate fault criteria under Supreme Court Regulation Number 13 of 2016, warranting fines, additional sanctions such as blacklisting, and asset recovery. The study emphasizes the need for procurement system reforms to prevent systemic corruption.
The Status of Government Buildings Following the Relocation of the National Capital (IKN): A Normative Juridical Analysis Yarly, Erfina; 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.17845424

Abstract

This study examines the legal implications of relocating Indonesia’s capital city from Jakarta to Nusantara, particularly concerning the status and management of State-Owned Assets (BMN) that have long supported the functions of the central government. Existing regulations, such as Law No. 1 of 2004 on State Treasury and Government Regulation No. 27 of 2014 on the Management of State/Regional Assets—were not designed to anticipate a full-scale relocation of the national government. As a result, a regulatory gap emerges regarding the future of government buildings that will be vacated in Jakarta. Employing a normative juridical research method with statutory, conceptual, and analytical approaches, supported by rechtsvinding (legal discovery), this study explores potential policy options for managing state assets after the relocation. Comparative insights from Canberra, Brasília, and Putrajaya reveal several possible models, ranging from repurposing and leasing schemes to cooperative utilization and selective asset sales. The findings highlight the urgency of establishing a specific Government Regulation in Lieu of Law (Perppu) to govern asset classification, utilization mechanisms, and accountability standards to ensure transparent and effective post-relocation asset management. The study recommends the formation of a National Task Force for BMN Repurposing, the adoption of an asset classification system (A–D), the strengthening of audit mechanisms, and the mandatory publication of utilization reports as a measure of public transparency.
Analisis Komparatif Tanggung Jawab Fidusia Direksi dan Perlindungan Pemegang Saham Minoritas: Studi Kritis Terhadap Hukum Perseroan di Indonesia dan Singapura Bangun, Michael Hagana
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.17877211

Abstract

This research compares corporate law in Indonesia and Singapore with regard to the fiduciary duties of directors and the protection of minority shareholders. The study employs a normative legal research method (juridical-normative research). This approach is chosen because the object of analysis focuses on positive legal norms, legal principles, doctrines, and comparisons of the legal systems in Indonesia and Singapore. This study does not examine sociological aspects or societal behavior; instead, it emphasizes dogmatic legal analysis and relevant court decisions. Data were collected through library research by reviewing physical and digital literature using legal databases such as Westlaw, HeinOnline, and the Indonesian Supreme Court decision directory. The collected data were analyzed qualitatively using the deductive syllogism method—drawing specific conclusions from general legal premises—and a comparative interpretation method to construct logical, systematic, and prescriptive legal arguments. The research findings indicate that although Indonesia and Singapore share the same objective of establishing good corporate governance, their legal approaches differ significantly due to their respective legal origins..
Analisis terhadap Unsur-Unsur Perbuatan Melawan Hukum dalam Putusan Pengadilan Negeri Jakarta Selatan Nomor 79/Pdt.G/2023/PN Jkt.Sel Tahun 2023 Hendri, Aisyah Febria; Tazkia, Rahma; Zinan, Zalfa; 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.17825392

Abstract

This research analyzes the elements of illegal acts (PMH) in the South Jakarta District Court Decision Number 79/Pdt.G/2023/PN Jkt.Sel Year 2023. The method used is juridical normative through the examination of the decision as a primary source, as well as the analysis of Article 1365 of the Civil Code, the ITE Law, and the Telecommunication Law as a normative framework. The research results show that the panel of judges stated that the lawsuit was unacceptable because it was considered premature, so that the elements of PMH could not be tested substantially. This decision emphasizes the importance of the relationship between the criminal proof process and civil proof in PMH cases related to alleged telecommunication violations.
Ambiguitas Pengaturan Subsidi Teknologi Tinggi Dalam WTO: Studi Kasus Sengketa Airbus Vs Boeing Narindra, Rochella Amalia
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.17863762

Abstract

The Airbus–Boeing dispute is one of the most complex cases in WTO history and serves as a clear example of how the subsidy rules in the Agreement on Subsidies and Countervailing Measures (SCM Agreement) are not fully capable of regulating subsidy practices in high-tech industries. This study examines how the European Union government's support for Airbus and the United States' support for Boeing have led to differing interpretations in determining whether a subsidy violates WTO provisions. Using a normative juridical approach, this study analyzes the provisions of the SCM Agreement, the panel and Appellate Body decisions in the DS316 and DS353 disputes, and academic perspectives on legal uncertainty in subsidy regulation. The results show that concepts such as specificity, benefit, and proof of causality remain significantly ambiguous when applied to industries with high research costs and long-term funding structures. The Airbus–Boeing dispute underscores the need to update WTO subsidy rules to be more responsive to the needs of modern technology industries and to provide legal certainty in global competition.

Page 80 of 80 | Total Record : 798

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