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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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Paradigma Baru Pertanggungjawaban Pidana Advokat Terhadap Tindak Pidana Peradilan Menurut UU No. 1 Tahun 2023 Bestgati, Auliya; M, Maroni; Shafira, Maya; Achmad, Deni; Ginting, Mamanda Syahputra
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.18269053

Abstract

The legal profession enjoys immunity in performing defense duties; however, in practice this immunity often conflicts with the offense of contempt of court. This study aims to analyze the new paradigm of criminal liability for advocates following the enactment of Law Number 1 of 2023 on the National Criminal Code (KUHP Nasional) and to examine the limits of professional protection for advocates. The research employs a normative juridical method using statutory and case approaches. The findings indicate that Article 281 of the National Criminal Code provides clearer and more explicit regulation of offenses against judicial proceedings compared to the previous Criminal Code. Although Article 16 of the Advocate Law guarantees legal protection, acts of misbehaving in court committed in bad faith may still give rise to criminal liability. A case study of the Central Jakarta District Court Decision Number 521/Pid.B/2019/PN Jkt.Pst confirms that professional immunity does not apply to conduct that constitutes a pure criminal offense and undermines the dignity of the court. This study concludes that the National Criminal Code clarifies the boundary between legitimate advocacy and contempt of court, requiring advocates to balance client defense with respect for the authority of the judiciary
Qs. Al-Baqarah:188 Dalam Hermeneutika Fazlur Rahman: Etika Anti-Korupsi Dalam Perspektif Qur’ani Hidayat, Reno; Sadopay, Ramahiro; Ikhsan, Zaini; Alfarizi, Rivaldi; Aliffarezy, Wahyu Eka; M, Masruchin
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.17933919

Abstract

Corruption is a multidimensional problem that is not only related to violations of positive law, but also involves a crisis of ethics and public morality. In the context of Muslim society, the Qur’an plays an important role as a source of ethical values that can serve as a foundation for fostering anti-corruption attitudes. This article aims to analyze QS. al-Baqarah:188 through the hermeneutical perspective of Fazlur Rahman, particularly using the double movement approach, in order to explore Qur’anic ethical principles relevant to efforts in preventing and eradicating corruption. This study employs a qualitative method with a library research design, using QS. al-Baqarah:188 as the primary data source, which is analyzed hermeneutically and contextually. The findings indicate that the verse contains principles of justice, honesty, trustworthiness (amanah), prohibition of exploitation, and the supremacy of moral values over formal legality. These principles affirm that corruption constitutes a form of injustice and a betrayal of social trust. Through Fazlur Rahman’s hermeneutical approach, QS. al-Baqarah:188 is understood as a source of dynamic ethics that remains relevant for cultivating individual moral awareness, a socially integrative culture of integrity, and a just legal system in the contemporary context.
Implementasi Qisas dan Diyat dalam Sistem Hukum Pidana Indonesia: Analisis Normatif Terhadap Kompatibilitas Syariat Islam dengan Hukum Positif Ihkhsan, Muh; K, Kurniati; Ilyas, Musyfikah
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.18160625

Abstract

The transformation of Indonesian criminal law through Law Number 1 of 2023 opens opportunities for integrating Islamic sharia values within the national legal pluralism framework. This research examines the compatibility of qisas and diyat concepts with Indonesia's positive punishment system through a normative juridical approach analyzing philosophical convergence, juridical legitimacy, and sociological acceptability. Qisas as proportional retributive sanction and diyat as financial compensation represent a restorative justice paradigm aligned with contemporary punishment theories. Analysis of Articles 2, 51-52, and 96-97 of the new Criminal Code demonstrates that national legislation has accommodated living law in society, including religious values, as the basis for criminal case resolution. Philosophical convergence is identified through alignment between maqasid al-shariah (al-zajr, al-tashfiyah, al-islah) and national punishment objectives emphasizing preventive, rehabilitative, and restorative aspects. Juridical legitimacy is strengthened by the implementation experience of qanun jinayat in Aceh Province based on Law Number 11 of 2006 concerning Aceh Governance. The recommended implementation model encompasses diversion and restorative justice mechanisms for case resolution through penal mediation, formal application in autonomous regions, and integration of diyat as alternative sanction with judicial discretion
Rasio Legis Pengaturan Pekerja Outsourcing dalam Undang-Undang Nomor 13 Tahun 2003 Farelita, Fionna; Warka, Made
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.17922210

Abstract

This study examines the legislative ratio behind the regulation of outsourcing workers in Law Number 13 of 2003, which stipulates that the outsourcing system may only be applied to supporting or auxiliary work as an effort to ensure worker protection and job security. Using a normative legal research method, the study reveals that although the regulation aims to balance corporate efficiency with worker protection, its implementation in practice does not always align with the intention of the lawmakers. The findings indicate that the provisions of Law No. 13 of 2003 have not been optimally implemented, as outsourcing is still applied to core jobs, disparities remain between the protection of outsourced workers and permanent employees, and government oversight remains weak. These deviations and insufficient supervision result in the neglect of outsourced workers’ rights, creating uncertainty in employment relations. Therefore, regulatory harmonization and strengthened supervisory mechanisms are necessary to ensure the legislative ratio of outsourcing regulations is effectively realized in accordance with the principles of fairness in industrial relations
Pengelolaan TPA Bantar Gebang dalam Perspektif Hukum Lingkungan: Penerapan Prinsip Perlindungan dan Penegakan Hukum Lingkungan Hidup Anwar, Pariwusiana; Drahmasyfa, Deizan Azriel; Hidayati, Aisyah Nurmala; Nurfadilah, Laila
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.18103049

Abstract

The management of the Bantar Gebang Final Disposal Site (TPA) faces structural challenges related to capacity limitations, environmental pollution, and the fulfillment of the community’s right to a good and healthy environment. This study analyzes the application of environmental law enforcement principles as regulated in Law Number 32 of 2009, focusing on the principles of precaution, pollution prevention, the polluter pays principle, sustainability, and community participation in landfill management practices. The research findings indicate that although technical approaches such as sanitary landfills and the development of waste-to-energy (PLTSa) facilities have been implemented, gaps in implementation persist due to the high volume of waste, weak supervision, and the dominance of an end-of-pipe disposal approach without adequate upstream waste reduction strategies. Legal instruments such as Environmental Impact Assessments (AMDAL), environmental permitting, and administrative sanctions tend to be reactive in nature and have not fully ensured the imposition of restoration costs on polluters. Furthermore, community participation remains limited due to the lack of dialogue mechanisms and management accountability. This study recommends strengthening law enforcement through stricter supervision, enhancing public participation mechanisms, developing a collaborative governance model across regions between DKI Jakarta and the City of Bekasi, and integrating upstream waste reduction programs with social protection for waste pickers. 
Pendekatan Hermeneutik terhadap Alat Bukti Sumpah dalam Peradilan Islam Nafisya, Zahwah Aulia; Talil, 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.18376859

Abstract

An oath is one of the recognized forms of evidence in the Islamic judicial system and possesses distinctive characteristics as it integrates legal, moral, and religious dimensions. In practice, oaths are often positioned as a last resort when other forms of evidence are insufficient, giving rise to debates concerning legal certainty and substantive justice. This article aims to examine the concept and legal standing of oaths as evidentiary instruments in Islamic courts and to analyze their meaning and function through a hermeneutical approach. This study employs a library research method with normative and sociological approaches, drawing on classical fiqh literature, scholarly journals, and previous studies. The findings indicate that an oath functions not merely as a formal evidentiary tool but also as a moral mechanism that binds individuals to honesty and spiritual responsibility. The hermeneutical approach enables a more contextual understanding of oaths by considering social contexts, the objectives of Islamic law (maqāṣid al-sharī‘ah), and the dynamics of modern society. The implications of this approach emphasize that truth and justice in Islamic legal proof cannot be achieved solely through formal procedural mechanisms, but must also accommodate substantive justice and social relevance. Thus, the hermeneutical approach plays a crucial role in maintaining the relevance, justice, and humane application of oaths in contemporary Islamic adjudication.
Analisis Wanprestasi dalam Perjanjian Pengikatan Jual Beli Tanah yang Melibatkan Ahli Waris: Studi Kasus Putusan Pengadilan Negeri Jakarta Utara Nomor 711/PDT.G/2023/PN JKT.UTR Prakosa, Reza Bintang; Luthfizildan. A, Haryo; Imtiyaz, Ahmad Rais
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.17908108

Abstract

This study analyzes the legal implications of a preliminary sale and purchase agreement (PPJB) for land when the seller dies before signing the deed of sale and purchase (AJB). Through a case study of North Jakarta District Court Decision Number 711/Pdt.G/2023/PN Jkt.Utr, involving Dedi Suwasono (buyer) against the heirs of Iwan Herlambang (seller), it was found that the seller's obligations are transferred to his heirs based on inheritance law. When the heirs refuse to complete the transfer of land rights, this action is categorized as a breach of contract (cidera janji). The judge's decision affirms the principle of pacta sunt servanda, ordering the heirs to continue and complete the PPJB, as well as pay court costs. This finding highlights the interconnection between contract law, inheritance law, and land law in protecting buyers acting in good faith, and provides important insights into the continuity of contractual obligations after the death of one of the parties.
Disharmonisasi Antara Pasal 610 Kitab Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana (KUHP) Baru dan Pasal 12 Undang-Undang Nomor 20 Tahun 2001 Tentang Tidak Pidana Korupsi Terkait Perbuatan Suap Putri, Fazhira Amanda
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.18005039

Abstract

This study aims to explain the disharmony between Article 610 of Law Number 1 of 2023 concerning the new Criminal Code (KUHP) and Article 12 of Law Number 20 of 2001 concerning Corruption Crimes with regard to acts of bribery, and to examine the resolution of such disharmony between Article 610 of Law Number 1 of 2023 concerning the Criminal Code and Article 12 of Law Number 20 of 2001 concerning Corruption Crimes related to bribery. This research is qualitative in nature and employs a library research design. The results show that, first, the disharmony occurs in the elements of the offense, the scope of regulation, and the consequences of punishment. This is indicated by the similarity of subjects and acts regulated, the absence of an explicit exception clause in the new Criminal Code, and significant differences in criminal sanctions. These conditions have the potential to create legal uncertainty, multiple interpretations, and to weaken the effectiveness of corruption eradication. Second, the resolution of the disharmony should be carried out by prioritizing the principle of lex specialis derogat legi generali, by positioning the Corruption Crimes Law as special criminal legislation in handling bribery offenses. 
Kedudukan Hukum Pekerja Freelance dalam Kondisi Perusahaan Pailit Sholehah, Nur Faizatus; Wahjoeono, Dipo
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.17958332

Abstract

This study examines the legal status of freelance workers as concurrent creditors in bankruptcy proceedings. Freelance workers, as service providers who do not have an employment relationship with a company, are entitled to receive payment for the services they provide. However, in bankruptcy proceedings, freelance workers face limitations on their rights as concurrent creditors. This research analyzes the legal standing of freelance workers in bankruptcy proceedings and how their rights are protected. The results of the study indicate that freelance workers have a weak position as concurrent creditors and require better legal protection to ensure the fulfillment of their rights. The findings also show that freelance workers, as concurrent creditors, have limited rights in bankruptcy proceedings, such as lower payment priority compared to secured and preferred creditors. This study further finds that freelance workers need stronger legal protection to ensure their rights are fulfilled during bankruptcy proceedings. Therefore, this research is expected to contribute to the development of bankruptcy law in Indonesia, particularly with regard to the protection of freelance workers’ rights.
Kedudukan Nikah Siri,Talak Siri, dan Nikah Online dalam Perspektif Hukum Islam dan Hukum Positif Indonesia N, Nurfadilah; M, Misbahuddin; Suhufi, Muhammad
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.18222306

Abstract

This study examines the status of unregistered marriages (nikah siri), unregistered divorces (talak siri), and online marriages from the perspective of Islamic law and Indonesian positive law. These three phenomena emerge as forms of marriage and divorce practices that do not fully comply with state law, although some are considered valid according to Sharia. The study used a qualitative method with a normative-juridical approach through analysis of literature, laws and regulations, and Islamic legal perspectives. The findings indicate that unregistered marriages (nikah siri) and unregistered divorces (talak siri) are valid according to religion, but lack legal force before the state because they are not officially registered. Online marriages have sparked debate regarding the validity of the contract, guardians, and witnesses, thus creating legal uncertainty. The impact of these practices is weak protection of women's and children's rights and the potential for legal disputes. This research is useful for providing a more comprehensive understanding of the importance of registering marriages and divorces to ensure legal certainty and protection in family life in Indonesia.

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