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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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Implikasi Penolakan Bukti Elektronik Tanpa Verifikasi Digital Forensik: Studi Putusan dan Analisis Yuridis Tiba, Stefania Kandida Sena
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The rapid development of the digital era has significantly influenced judicial proceedings, particularly with regard to the use of electronic evidence. Nevertheless, not all electronic evidence is admissible in court, as reflected in Decision Number 488/Pid.B/2024/PN Sda. The rejection of the evidence was grounded in the absence of guaranteed authentication, despite the fact that authentication constitutes a fundamental aspect, given the decisive role of evidence in establishing the facts of a criminal case. Therefore, the application of digital forensic mechanisms is essential to verify the authenticity and reliability of electronic evidence so that it may be recognized as legally valid in court proceedings. Legal provisions concerning the admissibility of electronic evidence and the necessity of forensic verification have been accommodated in the Law on Information and Electronic Transactions (ITE Law), as amended, as well as in the Indonesian Criminal Procedure Code. This study aims to juridically examine the reasons underlying the rejection of electronic evidence in Decision Number 488/Pid.B/2024/PN Sda and to emphasize that the implementation of digital forensics on electronic evidence constitutes an absolute requirement for its acceptance as legally valid evidence in judicial proceedings.
Analisis Yuridis Balik Nama Sertifikat Tanah Ketika Pemegang Hak Meninggal Dunia dan Ahli Waris tidak Diketahui: Studi Putusan Pengadilan Negeri Bekasi Nomor: 67/Pdt.G/2025/PN.Bks Azhar, Maritza; Lestari, Andini Tri; Ndarung, Marianus; Pratasik, Angely Patricia Putri; Putro, Muhammad Djomy Dwi; Sadili, Akhmad; Yustika, Luthy
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.18194887

Abstract

Bekasi District Court Decision Number 67/Pdt.G/2025/PN Bks revealed administrative obstacles in the process of transferring the name on the land certificate, even though the sale and purchase transaction was legally valid. The plaintiff had obtained a Deed of Sale and Purchase (AJB), completed credit payments, and controlled the land since 2011, but the process was stalled because the previous owner had died and his heirs could not be identified. The judge accepted the lawsuit and ordered the National Land Agency (BPN) to carry out the transfer of name as a form of protection for buyers who acted in good faith, and emphasized the role of the courts as a solution when administrative procedures are unable to provide legal certainty.
Menguji Batas Keadilan: Analisis Poligami dalam Perspektif Q.S. An-Nisa Ayat 3 Dan 129 Rifai, Mirwan Sudarmawan; Basri, Halimah; Miswar, Andi
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.17925772

Abstract

This study examines the practice of polygamy from the perspective of Qur’an Surah An-Nisā’ verse 3, with particular attention to legal aspects and human rights related to its implementation. Polygamy, defined as a man’s marriage to more than one woman, is explicitly regulated in this verse with justice as its primary condition. Allah SWT sets a maximum limit of four wives, but only for those who are truly able to uphold justice among them. This study focuses on analyzing the meanings of key terms in the verse as well as understanding the concept of physical justice—such as the fulfillment of financial support, division of time, and responsibilities—and emotional justice related to feelings and affection. Although achieving perfect justice in emotional aspects is difficult, Islam emphasizes the obligation to be just in matters that can be practically regulated. Therefore, this research highlights that polygamy as mentioned in Qur’an Surah An-Nisā’ verse 3 is not merely a legal issue, but also a manifestation of moral responsibility and respect for the rights of wives. This approach is expected to provide a more equitable understanding of polygamy based on the principles of social justice and Islamic law.
Teori Pemberlakuan Hukum Islam dan Implikasinya terhadap Pembentukan Hukum Positif di Indonesia Pratama, Aan; Rahman R, Abd.; HL, Rahmatiah
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.18139599

Abstract

The history of the development of Islamic law in Indonesia demonstrates a long dynamic process involving interactions among customary law, colonial law, and Islamic law. The application of Islamic law in Indonesia reflects not only religious aspects but also legal politics and state policies across different periods. Through theories of legal applicability such as Receptio in Complexu, Receptie, and Receptio a Contrario, it is evident that the position of Islamic law has experienced fluctuations within the national legal system. The Receptio in Complexu theory places Islamic law as the law applicable to its adherents, whereas the Receptie theory holds that Islamic law applies only if it is accepted by customary law. Meanwhile, the Receptio a Contrario theory affirms the supremacy of Islamic law over customary law for Muslims. The implementation of these theories has had a significant impact on the formation of positive law in Indonesia, such as Law Number 1 of 1974 on Marriage, Law Number 7 of 1989 on the Religious Courts, and the Compilation of Islamic Law (KHI). This study employs a qualitative descriptive method with a library research approach. The results show that theories on the applicability of Islamic law have played an important role in laying the foundation for the integration of Islamic values into the national legal system as well as into the social life of Indonesian Muslims.
Perlindungan Hukum bagi UMKM terhadap Praktik Predatory Pricing pada E-commerce di Indonesia N, Nadira; Mardjiono, H. R. Adianto
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.17912867

Abstract

Predatory pricing strategies in Indonesia’s e-commerce sector, particularly through TikTok Shop, have sparked significant debate regarding the sustainability of micro, small, and medium enterprises (MSMEs) as the backbone of the national economy. MSMEs employ more than 61% of the country’s workforce and provide vital employment opportunities, yet remain vulnerable to aggressive pricing tactics by large platforms due to limited capital, digital literacy, and market access. TikTok Shop’s aggressive measures such as deep discounts, subsidized free shipping, and shopping vouchers encourage consumer purchases even at a loss, thereby destabilizing market equilibrium, slowing MSME growth, and discouraging small business owners from investing. This object research to examine the law protections afforded to MSMEs against exploitative pricing practices by employing normative legal methodology and legislative analysis. The study concern on Article 20 of Law No. 5 of 1999 about Unfair Business Competition and Anti-Mnopoly Law, KPPU Regulation No. 6 of 2011 on the Guidelines for Article 20, Law No. 20 of 2008 on MSMEs. Findings reveal that while the regulatory framework provides a strong normative foundation, proving the element of intent (mens rea) among business actors remains a major challenge for enforcement. Strengthening the institutional foundation of KPPU and ensuring closer cross-sectoral policy coordination are essential to enhance protection for MSMEs and consumers in the digital marketplace.
Kritik Asas Pengayoman Penataan Ruang Terhadap Ketiadaan Norma Utilitas Telekomunikasi dalam Pasal 35 Sampai Pasal 37 Undang-Undang Nomor 26 Tahun 2007 Alexander, Donny Bonar
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.18005202

Abstract

This study aims to explain the regulation of space utilization and control in Articles 35, 36, and 37 of Law Number 26 of 2007 concerning Spatial Planning, as well as to examine a critique of the Principle of Protective Governance (Asas Pengayoman) regarding these regulations. This research employs a qualitative method with a library research design. The author conducted an in-depth analysis of existing legal norms and relevant literature to dissect issues related to digital infrastructure utilities. The results indicate that, first, Articles 35, 36, and 37 of Law No. 26/2007 serve as procedural foundations stipulating that space utilization must be based on work programs and budgets, synchronized with regional spatial plans (RTRW), and supervised through zoning and licensing instruments. Second, these articles are found not to be fully aligned with the Principle of Protective Governance, as their normative formulations tend to be “bureaucracy-centric,” emphasizing administrative aspects only and failing to ensure the protection and physical safety of the public from the real impacts of chaotic utility infrastructure in public spaces..
Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Yang Mengalami Amnesia Karena Trauma Berat Menurut Pasal 44 Undang-Undang No. 1 Tahun 1946 Tentang Kitab Hukum Pidana Kurnia, Seza Aulia Gusti
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.17975314

Abstract

This study examines the criminal liability of perpetrators of serious assault who experience amnesia as a result of depression triggered by severe trauma. The method used is normative juridical, with a statutory and conceptual approach. The study focuses on the application of Article 44 of the Criminal Code No. 1 of 1946, criminal responsibility theory, and expert doctrine. Furthermore, this research integrates clinical psychology and psychiatric perspectives in understanding amnesia and depression to assess their impact on the perpetrator's capacity to be accountable for their actions. The results indicate that amnesia resulting from depression and severe trauma does not automatically negate the ability to be criminally responsible, unless it can be proven that the disorder caused the perpetrator to be unable to understand or control their actions at the time of the crime. Therefore, the application of Article 44 of the Criminal Code in cases of serious assault with amnesia requires a comprehensive medical and legal assessment to ensure that the verdict reflects substantive justice.
Synergy Between Civic Education And Pancasila Values In Fostering Human Rights Awareness In The Era Of Globalisation Handoyo, Cecilia Chelsea Widia; Mutiarani, Miladya; Setiawan, Naailah Ranaa; Anandhita, Shelsy Trista
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.18246380

Abstract

The wave of globalization and advances in information technology has brought about a sea change affecting the way people live, relate to one another and behave/ particularly, young people. While on one side, globalisation has brought about open access to information and universal values, at the other it has presented us with challenges that include intolerance, discrimination and a waning consciousness of human rights. It demonstrates that the concepts of human rights have not gone deep down into society. It is, therefore, imperative to reinforce meaningful and sustainable values education. Indeed, civic education has a vital function in the formation of democratic, critical and responsible citizens. In the meantime Pancasila as state ideology also has the values of humanity, justice, unity and respect for human dignity that are consistent with human rights principles. This research focuses on the synergy between Civic Education and Pancasila values to create awareness of human rights in the globalisation era. The reserach uses descriptive qualitataive method with literature review model. Materials: Sources of data were scanned from books, journals and relevant academic materials. The study findings prove that the implantation of Pancasila values in Civic Education learning can extend the awareness of human right in contextual and national ideology perspective. This convergence contributes to a concept of human rights that is not only theoretical but deals with its application in social life.
Tantangan Penerapan Kebijakan Standart Pendidikan dan Tenaga Kependidikan di MTS Aisyiyah Tembung Ramadayani, Sintya; Mayshara, Viani Alya; Maudina, Nazwa; S, Simamora; R, Radianti; Darmansyah, Tengku
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.17933569

Abstract

This study aims to analyze the challenges faced by MTs Aisyiyah Tembung in implementing the Education and Educational Personnel Standards in accordance with national regulations. The research focuses on fulfilling teacher qualifications and competencies, the implementation of continuous professional development, the availability of adequate educational personnel, as well as the application of process and assessment standards. Using a qualitative approach through observation, interviews, and document analysis, the findings reveal several major obstacles, including limited human resources that meet standard qualifications, insufficient professional training, school management that is not yet fully performance-based, and restricted funding to support the improvement of educational and administrative staff quality. Additionally, difficulties arise in curriculum adjustment and the effective execution of academic supervision. This study recommends strengthening teacher development systems, establishing cooperation with professional training institutions, optimizing school-based management, and increasing financial support from both the foundation and the government. These efforts are expected to enhance the effective and sustainable implementation of education and educational personnel standards at MTs Aisyiyah Tembung.
Reformasi Konstitusi dan Dinamika Penegakan Hak Asasi Manusia di Indonesia Darmawan, Iqbal Panji
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.18154942

Abstract

The constitution plays a fundamental role in a country's legal and governmental system as the supreme basic law governing institutional structures, limitations on power, and the protection of human rights and fundamental freedoms. In Indonesia, the 1945 Constitution guarantees the fundamental rights of citizens and serves as the foundation of the rule of law, ensuring justice and non-discrimination. However, the implementation of the constitution faces various challenges, particularly during the Reformation era, including weak law enforcement, a culture of impunity, corruption, and political intervention in law enforcement agencies. Despite progress in pro-human rights legal instruments and the active role of civil society, regulatory barriers and contemporary political dynamics still hinder the effective protection of human rights. This study highlights the importance of a sustained commitment from the government, civil society, and legal institutions to translate constitutional principles into practice, so that human rights and social justice can be effectively realized in Indonesia..budaya lokal, dan keterbatasan akses terhadap pencatatan resmi.

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