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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 864 Documents
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The Function of Legislation in Ensuring Legal Certainty and Good Governance Efriliani, Firial Tiara; Angelina, Sandra Laudya; Oktaviani, Risa Dewi; Usman, Muhammad; Marsal, Irsyaf
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.17907331

Abstract

This paper examines the strategic role of legislation in supporting governance and shaping the structure of Indonesia's legal system based on the prevailing hierarchy. Regulations are understood as instruments that not only provide direction for government action but also set boundaries so that state power is not exercised arbitrarily. In addition, regulations serve to reinforce the relationship between the state and society, so that every citizen obtains legal certainty, which is the main basis for the protection of their rights. Using a literature review approach, this paper examines how harmoniously structured regulations can create sustainable legal stability. The analysis shows that the quality of regulations greatly affects the effectiveness of governance, as a poorly coordinated legal system often leads to policy disharmony, inefficient program implementation, and a decline in public trust. Therefore, understanding the function of regulations and their position in the legal hierarchy is important to ensure the creation of a solid rule of law. 
Kritik Pasal 23 Ayat (1) UU No. 17 Tahun 2012 Terhadap Perlindungan Hukum dalam Regulasi Hak Anggota Koperasi Simpan Pinjam Dalam Pasal 15-116 Permenkop UKM No.8 Tahun 2023 Pradana, Aditya Cindi
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.18004866

Abstract

This study aims to explain the regulation of the rights of members of Savings and Loan Cooperatives as stipulated in Articles 15–16 of the Regulation of the Minister of Cooperatives and SMEs, and to examine the critique of Article 23 paragraph (1) of Law No. 17 of 2012 regarding legal protection in the regulation of the rights of Savings and Loan Cooperative members under Articles 15–16 of the Regulation of the Minister of Cooperatives and SMEs No. 8 of 2023. This research is qualitative in nature, using a library research design. The results of the study indicate that, first, Article 15 regulates the obligation to amend business licenses and service networks when there are changes to the name or office address of a cooperative through the government licensing system, implemented in accordance with prevailing laws and regulations. Article 16 guarantees exemption from fees for all risk-based licensing services for cooperative savings and loan businesses. Overall, these two articles ensure administrative smoothness in the operations of savings and loan cooperatives without excessive bureaucratic or financial burdens. These provisions support service continuity for members, although they do not explicitly mention internal mechanisms such as approval by the Members’ Meeting. Second, Article 15 of the Regulation of the Minister of Cooperatives and SMEs No. 8 of 2023 is not aligned because the phrase “must be amended through the licensing system” in paragraph (1) ignores the exclusive authority of the Members’ Meeting in determining structural changes that affect savings and loan operations. Article 16 is also considered inconsistent, as the provision on licensing fee exemptions is not linked to approval by the Members’ Meeting regarding the use of business results or loan limits. Both articles do not demonstrate any alignment with Article 23 paragraph (1) of Law No. 17 of 2012, which explicitly emphasizes the authority of the Members’ Meeting.
Penyelesaian Sengketa Suami Istri Melalui Mediasi dalam Perspektif Al-Qur’an dan Hadis Fausya, Annisa; Talli, Abdul Halim; Mustafa, Zulhas’ari
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.18376555

Abstract

This study examines how mediation is used to resolve marital disputes from the perspectives of the Qur’an and Hadith. Qur’an Surah an-Nisā’ (4):35 serves as the primary basis for appointing two hakam (arbitrators) as mediators to prevent divorce, while the Prophet’s ﷺ Hadith provides moral guidance in the form of justice, respectful communication, and the preservation of confidentiality. Using a literature review method, this study shows that mediation in Islam not only functions to reduce conflict but also to restore relationships at a deeper level. In the context of modern households, the Islamic mediation model remains relevant as a peaceful solution before taking legal action.
Analisis Yuridis Penegakan Hukum Terhadap Aparatur Sipil Negara Yang Terlibat Korupsi Diva, Syakirah Farah; 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.17952636

Abstract

Cases of corruption in Indonesia are still high and very common, Civil Servants (PNS) are the main element of the State Civil Apparatus (ASN) that plays a role in carrying out public service functions, governance, and national development. This strategic position requires PNS to have integrity, professionalism, and be free from corruption, collusion, and nepotism. However, the phenomenon of PNS involvement in criminal acts of corruption still occurs, which has implications for declining public trust in the government. Efforts to eradicate corruption against PNS are not only carried out through criminal law enforcement, but also through administrative personnel mechanisms as a form of internal bureaucratic oversight. The legal framework regarding sanctions against corrupt PNS is regulated in Law Number 5 of 2014 concerning ASN and its derivative regulations, which stipulate dishonorable dismissal as an administrative consequence for PNS found guilty of corruption. This study confirms that the double-track sanction system is an important instrument for creating a clean bureaucracy, but its effectiveness is highly dependent on the consistency of implementation, the commitment of civil service development officials, and an anti-corruption culture within the government.
Tinjauan Kriminologis Terhadap Perlunya Perlindungan Saksi Dan Korban dalam Pengungkapan Tindak Pidana Berat Rangkuty, Putri Ramadhani; Aulia, Cindy; Inayah, Dea Zulfa; Pulungan, Mhd Fadillah; Harahap, Lokot Hasanah
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.18208730

Abstract

This research aims to examine, from a criminological perspective, the urgency of protecting witnesses and victims in the disclosure of serious crimes. In law enforcement practice, witnesses and victims are often in vulnerable positions due to threats, intimidation, psychological pressure, and social risks that may hinder their willingness to provide honest and complete testimony. These conditions directly affect the effectiveness of uncovering serious crimes such as gross human rights violations, terrorism, and organized crime. This study employs a normative legal research method using a statutory approach and a conceptual approach, supported by criminological theories related to victimology and victim protection. The findings indicate that the protection of witnesses and victims is a crucial instrument within the criminal justice system, not only to ensure the safety of individuals involved but also to maintain the integrity of judicial processes. Adequate protection can enhance the participation of witnesses and victims, strengthen evidentiary processes, and promote the realization of substantive justice. Therefore, strengthening regulations and improving the implementation of witness and victim protection must be continuously developed in a sustainable manner.
Fenomena Pencemaran Limbah Minyak Hitam (Oil Spill) di Kabupaten Bintan ditinjau dari Perspektif Hukum Nasional Arviana, Risa; Yanti, Putri; Widiyani, Heni
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.17926136

Abstract

Oil spill pollution always occurs in the waters of the Riau Islands, one of which is in the waters of Bintan Island. As a result of the oil spill pollution, several tourist areas were temporarily closed, which had an impact on the regional economy. This condition certainly threatens the ecology and also has an impact on the socio-economic impact of society. From several laws and regulations related to oil waste pollution in the sea, there are 3 important steps that are regulated, namely prevention/mitigation efforts, mitigation efforts, and recovery efforts. Furthermore, these preventive measures require improving facilities in the form of oil pollution detection equipment and ship equipment to prevent oil pollution. Institutional strengthening has also been regulated in law starting from strengthening local, regional, national and even international institutions to jointly take steps to prevent and control oil waste pollution in the sea.
The Objectives of Law from a Juridical-Normative Perspective and Their Implications in the Contemporary Era J, Jumriani; Talli, Abd. Halim; Mustafa, Zulhas’ari
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.18145557

Abstract

This study examines how the juridical-normative perspective and the concept of maqāṣid al-sharī‘ah work together to understand the objectives of law in the contemporary era. While maqāṣid al-sharī‘ah emphasizes the protection of religion, life, intellect, lineage, and property as the fundamental aims of Islamic law, the juridical-normative approach views law as a set of standards that must be followed to ensure certainty and order. The findings indicate that both approaches complement each other in achieving justice, benefit, and legal certainty. Modern dynamics—such as digitalization, blockchain technology, personal data protection, and legal institutional reform—require more contextual and adaptive interpretation. Integrating the values of maqāṣid into positive law is considered capable of enhancing the legal system’s responsiveness to social developments and societal demands. This study concludes that strengthening maqāṣid al-sharī‘ah within regulations and judicial practices is a strategic step toward building a legal system that is humanistic, transformative, and oriented toward public welfare.
Perlindungan Hukum bagi Pegawai Pemerintah dengan Perjanjian Kerja (PPPK) Paruh Waktu dalam Sistem Kepegawaian di Indonesia Assegaf, Yik Soleh; Nugroho, Widhi Chayo
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.17918867

Abstract

This study aims to analyze the legal protection provided for part-time Government Employees with Work Agreements (PPPK) within Indonesia’s civil service system, using a literature-based research approach. Part-time PPPK personnel represent an emerging category of government workers aligned with the growing need for flexible work arrangements in public service delivery. However, their contract-based employment status often places them in a less secure position compared to permanent civil servants. Through the review of statutory documents, academic literature, and institutional reports, the study finds that legal protection for part-time PPPK employees is generally recognized through principles of non-discrimination, legal certainty in employment relations, and the guarantee of basic rights such as fair remuneration, social protection, and safe working conditions. Despite these formal provisions, regulatory gaps remain, particularly in the areas of workload arrangements, performance evaluation systems, contract renewal mechanisms, and access to dispute resolution within the civil service framework. Variations in implementation among government institutions further contribute to uncertainty faced by part-time PPPK workers. This study highlights the need for regulatory harmonization and the development of more detailed technical guidelines to ensure equal protection between part-time PPPK employees and other categories within the national civil service system. Strengthening these mechanisms would not only enhance legal clarity but also support sustainable and efficient public service delivery through a well-protected contractual workforce.
Kedudukan Artificial Intelligence (AI) di dalam Hukum Perdata Serta Pertanggungjawaban Pengguna Atas Penyalahgunaannya Natalia, Dwi
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.18006054

Abstract

Artificial intelligence is a technology created with the purpose of being programmed like human intelligence in general into electronic media so that it can think and perform tasks like a human. Position or status is an important matter in law, especially in civil law. The position of artificial intelligence itself is not yet known in civil law, as it is still considered merely as an object or legal thing. Actions carried out by artificial intelligence created to act like humans raise questions in society regarding its position. With the design of AI or artificial intelligence similar to humans, if the AI then commits an act that can cause harm, it cannot be held accountable for its illegal actions that may result in losses. Besides the positive impacts provided to society, negative impacts cannot be avoided, which brings back into question the responsibility of artificial intelligence or AI in relation to its position in civil law. In this study, normative research with a juridical approach was used as the research method, which refers to the existing laws and regulations in Indonesia.  
Eksistensi Hukum Internasional terhadap Hukum Nasional dalam Pembuatan Perjanjian Internasional H, Halifa; Dewi, Mira Nila Kusuma; S, Sadikin; Andika, Tri; Jihan, Andi; A, Anwar
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.17983343

Abstract

The relationship between international law and national law is a fundamental issue in legal studies, particularly when states engage in international treaty-making. Indonesia, as a sovereign state, is bound by international obligations arising from treaty ratification, yet must at the same time uphold constitutional norms and principles of national law. This article analyzes the existence and applicability of international law within the Indonesian national legal system, focusing on theoretical approaches to the relationship between the two legal orders and practical implementation through ratification procedures under Law Number 24 of 2000 on International Treaties. The study indicates that Indonesia adopts a mixed approach, neither purely monist nor dualist, but situational according to national legal and political needs. Thus, the applicability of international law in Indonesia is not automatic but contingent upon formal approval by state authorities. This article offers a comprehensive understanding of how Indonesia balances its national legal sovereignty with obligations under international law. 

Page 81 of 87 | Total Record : 864

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