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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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Teori dan Penemuan Hukum (Rechtsvinding) oleh Hakim Pada Tingkat Kasasi Terkait Putusan Pengadilan Negeri Nomor: 796/Pid.B/2022/Pn.Jkt.Sel Vonis Mati yang Diubah Menjadi Penjara Seumur Hidup dalam Putusan Mahkamah Agung Nomor: 813.K/Pid/2023) Adhitya, Muhammad Rendy; Alfatoni, Muhammad Sidiq; Irwanda, Tasya Gita; Raihani, Siti Rifqa; 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.17919252

Abstract

Pretrial proceedings (praperadilan) constitute an important innovation within the Indonesian Criminal Procedure Code (KUHAP) as an instrument for protecting the rights of suspects against arbitrary actions by law enforcement officials. However, since the Decision of the South Jakarta District Court Number 796/Pid.B/2022/PN.Jkt.Sel, the authority of pretrial proceedings has undergone significant development through the expansion of its objects to include the determination of suspects. This decision marks the occurrence of legal discovery (rechtsvinding) by the judge, who interpreted Article 77 of the KUHAP progressively based on the principles of human rights protection and the due process of law. This study aims to analyze the decision from the perspective of theories of justice, particularly Aristotle’s concept of justice. The method used is normative juridical analysis of judicial decisions and their legal reasoning. The results of the study indicate that the decision reflects retributive justice moving toward a more rehabilitative and humanistic approach. However, within the framework of distributive and corrective justice, debates arise concerning the proportionality of the punishment, the defendant’s position as a former high-ranking police official, and public expectations of justice. The decision is legally valid, yet it still leaves moral and ethical questions in its implementation.
Asbābun Nuzūl Surah An-Nūr Ayat 2–3: Analisis Hukum Zina dan Konsekuensinya dalam Perspektif Al-Qur'an Septinawati, Rizky Dwi Ratna; Ari, Mohammad
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.18061471

Abstract

Islam categorizes adultery (zinā) as a major sin (kabāʾir) that threatens the moral order of the family and society. Qur’ān Sūrah an-Nūr verses 2–3 constitute the principal legal foundation for determining sanctions for perpetrators of adultery as well as the related social regulations concerning marriage. This study aims to analyze the asbābun nuzūl of Sūrah an-Nūr verses 2–3, to explain the legal provisions on adultery from the perspective of Islamic law, to uncover the social dimensions embedded in these verses, and to examine their relevance in the context of modern society, particularly in Indonesia. This research employs a qualitative method with a tafsīr tahlīlī and historical approach. Primary data are derived from the Qur’ān, ḥadīth, and classical Qur’anic commentaries such as the works of al-Ṭabarī, Ibn Kathīr, and al-Zuḥailī. Secondary data include fiqh literature, contemporary studies on Islamic law, as well as social data from the Indonesian National Population and Family Planning Board (BKKBN) and mass media reports concerning the phenomenon of adultery in Indonesia. The findings indicate that Sūrah an-Nūr verses 2–3 were revealed as a correction to Jewish legal practices and pre-Islamic (Jāhiliyyah) traditions, while simultaneously completing the Islamic legal framework by stipulating the punishment of one hundred lashes for unmarried adulterers (ghairu muḥṣan) and stoning for married adulterers (muḥṣan). The social dimensions of these verses encompass educational aspects (the public implementation of punishment), preventive aspects (deterring the normalization of adultery), and protective aspects (the prohibition of marrying adulterers without repentance). The relevance of these verses in the modern context remains strong, particularly in addressing contemporary issues such as online prostitution, promiscuity, and the rising incidence of out-of-wedlock pregnancies in Indonesia. Sūrah an-Nūr verses 2–3 offer a comprehensive approach that combines legal firmness, social protection, and a spiritual dimension through the door of repentance.
Analisis Sengketa Batas Wilayah dan Urgensi Integrasi Kebijakan Konstitusional untuk Stabilitas Daerah Angelo, Wegel Rafael
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.18001622

Abstract

Regional boundary disputes have a significant impact on government functions and development at the provincial or district level. One of the main impacts is duplication of administration between two conflicting government entities, which can lead to waste of resources and confusion regarding administrative responsibilities. Apart from that, legal and policy uncertainty can also arise due to lack of clarity regarding territorial boundaries, disrupting the implementation of government regulations and policies. Delays in the implementation of public services such as education, health and infrastructure also often occur due to these disputes, hampering development in the disputed areas. Disruption to leadership and political stability can also occur, because territorial boundary disputes affect elections and leadership duties in the disputed region, creating political uncertainty and hampering the decision-making process. This research uses literature study methods and analysis of documents or data taken from several journals or searching on the internet, where the data is collected and used as a discussion in this paper.
Legitimasi Normatif dan Kerangka Yuridis Sanksi Hakim Pelanggar Etika dalam Sistem Peradilan Indonesia Magfirah, Khofifah; Talli, Abdullah; Mustafa, Zuhasari
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.18376341

Abstract

Judges play a central role in upholding justice and maintaining the integrity of the judiciary. However, various cases of ethical and legal violations indicate that not all judges carry out this mandate optimally. This study aims to explain the normative and juridical foundations for imposing sanctions on judges who violate the law, analyze the regulation of judicial codes of ethics within the Indonesian legal system, and assess the implications of ethical violations on public trust. This research employs a normative legal method through a juridical-normative approach by examining literature on fiqh al-qadha (the Qur’an, Hadith, and classical fiqh texts), statutory regulations, and judicial codes of ethics. The analysis is conducted qualitatively by interpreting legal norms and principles of judicial ethics. The findings show that fiqh al-qadha emphasizes the obligation of judges to uphold justice and prohibits decisions influenced by personal interests, providing a strong normative basis for imposing sanctions for ethical violations. From a legal perspective, sanctions against judges are regulated in the Law on Judicial Power, the Code of Ethics and Code of Conduct for Judges (KEPPH), as well as joint regulations between the Supreme Court and the Judicial Commission, which provide for sanctions ranging from light to severe. This study also concludes that ethical violations have a direct impact on declining public trust, undermine the legitimacy of the courts, and threaten social stability. Therefore, the enforcement of codes of ethics and sanctions is an essential instrument in maintaining the integrity of judicial institutions.
The Urgency of Applying the Concepts of Error in Persona and Aberratio Ictus in Substantive Criminal Law in Indonesia. Chamicho, Putra Chinto
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.17952322

Abstract

 This study aims to examine the true nature of the concepts of error in persona and aberatio ictus from the perspective of legal dogma and their application in criminal law. The study employs legal research methods, utilizing primary and secondary legal materials and comparing them with existing regulations in several countries. The goal is to provide a fresh perspective on the concept and its practical application, as well as to examine its implications when applied to criminal law. The concepts of error in persona and aberatio ictus are not explicitly mentioned in the Criminal Code (KUHP), but its text clearly divides an act into two aspects of intention: intentional and unintentional. 
Analisis Hukum tentang Hak Pekerja atas Perjanjian Kerja Waktu Tertentu (PKWT) yang tidak ditandatangani oleh PT Mega Central Finance (Studi Putusan Pengadilan Negeri Jakarta Pusat Nomor 216/Pdt.Sus-PHI/2025/PN Jkt.Pst) Veliza, Dela; Kristika, Dessya Indira Bunga; Hakiki, Keisya Aulia; Amelia, Nurul Naila; Hasanah, Rahmatul; S, Sesilia; 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.18194968

Abstract

This research explores the legal protection of workers under an unsigned Fixed-Term Employment Agreement (PKWT) through the Industrial Relations Court Decision No. 216/Pdt.Sus-PHI/2025/PN Jkt.Pst.  The paper investigates the legal status of employment when a PKWT is not legally signed and the realization of workers' rights using a normative juridical method using a statute and case approach.  The findings reveal that the employment connection is regarded valid whenever the worker performs activities under employer supervision, regardless of contract formality.  The court declared the firing unconstitutional and granted compensation of Rp130,000,000.  The study comes to the conclusion that substantive employment elements work, remuneration, and subordination determine the legitimacy of employment relations and that employers cannot use administrative flaws in PKWT to avoid legal obligations
Analisis Efektivitas Kebijakan Penyaluran Beasiswa KIPK Aspirasi di Indonesia Jannah, Rohmatul; Oktavian, Dida; Syahputra, Aldi Rizal
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.17925878

Abstract

Education is a constitutional right of citizens that must be fulfilled by the state, as mandated in Article 31 of the 1945 Constitution of the Republic of Indonesia. One of the policy instruments used by the government to ensure equitable access to higher education is the Indonesia Smart Card for Higher Education (Kartu Indonesia Pintar Kuliah/KIP-K) Program, including the KIP-K Aspirasi scheme, which is distributed through recommendations from members of the House of Representatives (DPR). Although normatively KIP-K Aspirasi aims to expand access to higher education for students from underprivileged families, its implementation across various universities indicates a gap between policy objectives and practices in the field.This study aims to analyze the effectiveness of the KIP-K Aspirasi scholarship distribution policy in Indonesia and to identify supporting factors, inhibiting factors, and policy improvement efforts from the perspective of public policy law. The research method employed is a descriptive qualitative approach based on a literature review, with data sources consisting of laws and regulations, policy documents, and relevant previous research findings. The analysis uses the theoretical framework of public policy implementation and policy effectiveness indicators.The results show that the effectiveness of KIP-K Aspirasi still faces several obstacles, particularly in terms of transparency, targeting accuracy, and the smooth disbursement of funds. In addition, the absence of specific legal regulations governing the KIP-K Aspirasi mechanism raises issues of legal certainty, accountability, and the potential politicization of the policy. Therefore, this study recommends strengthening regulations, increasing transparency, and reinforcing oversight systems so that the KIP-K Aspirasi policy can be implemented more effectively and equitably as an instrument for fulfilling the right to higher education.
Lafaz Muṭlaq dan Muqayyad dalam Perspektif Uṣūliyyah: Telaah Makna, Penerapan dalam Nas, dan Implikasi Hukum Akbar, Nico; F, Fatmawati; Amin, Abd. Rauf 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.18144689

Abstract

The Qur’an, as the primary source of Islamic law, employs a rich, diverse, and nuanced language. Among the forms of expression found within it are muṭlaq (unrestricted) and muqayyad (restricted) terms. A proper understanding of these concepts is essential, as legal rulings in the Qur’an and Hadith are often conveyed either in an unrestricted (muṭlaq) or a restricted (muqayyad) form. Classical scholars of uṣūl al-Fiqh have long examined the interaction between these two types of expressions, particularly when two legal texts address the same issue but differ in formulation one being muṭlaq and the other muqayyad. Scholarly debates also arise in cases where the legal ruling is the same but the underlying cause differs, or conversely, where the cause is the same but the ruling differs. This demonstrates the complexity of the methodology of Islamic legal derivation, which requires careful analysis of linguistic expressions, contextual considerations, and supporting evidences. Therefore, understanding muṭlaq and muqayyad is not only crucial in the theoretical domain of uṣūl al-Fiqh, but also carries practical implications in fiqh, particularly in the process of legal ijtihād that remains relevant to the evolving needs of the Muslim community.
Tinjauan Yuridis Atas Kelemahan Prosedural Pada Undang-Undang Nomor 2 Tahun 2004 Sebagai Sumber Tantangan Efektivitas Pengadilan Hubungan Indutrial Pangestu, Muhammad Raqel Elang; Syaban, Aryadika; Al Akmal, Muhammad Rifky
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.17918570

Abstract

The Unitary State of the Republic of Indonesia is fundamentally based on the principle of the rule of law, guaranteeing the fundamental right of citizens to fair legal certainty. Within the context of industrial relations, this guarantee is realized through Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes, which is founded upon the principles of Expediency, Accuracy, Justice, and Low Cost. However, more than two decades following its implementation, there is a significant gap between the normative ideals and the procedural reality, centered on weaknesses within the procedural law. This normative research, based on a literature review and a statutory approach, deeply examines the procedural shortcomings of the Law on the Settlement of Industrial Relations Disputes. The research findings indicate that the pre-adjudication system (Bipartite and Mediation) fails to function as an initial filter due to the absence of firm sanctions for bad faith and the purely recommendatory nature of the mediator's advice, which is easily disregarded as stipulated in Article 13 of this Law. This failure leads to a backlog of cases in the Industrial Relations Court and violates the principles of Expediency and Low Cost. The second crucial weakness lies in the execution mechanism, where the Industrial Relations Court lacks independent authority and must rely on the District Court procedure as regulated in Article 57, resulting in an execution process that is slow, complicated, and prone to resistance, thus causing decisions that have obtained permanent legal force to fail in providing fair legal certainty. It is recommended that Article 13 be revised to grant the recommendation semi-executorial power if it is not rejected within seven working days, and it is also suggested that Arbitration be expanded to cover Rights.
Kritik Prinsip Keadilan Restoratif Terhadap Pasal 7 dan Pasal 9 Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak Terhadap Pertanggungjawaban Pidana Anak Pelaku Perundungan R, Rahmawati
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.18005254

Abstract

This study aims to analyze the principle of restorative justice applied by law enforcement officers toward children as perpetrators of bullying, based on Articles 7 and 9 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, and to examine effective guidance processes in preventing the recurrence of bullying from a restorative criminology perspective. This research is qualitative with a normative juridical approach. The research design is library research, reviewing legislation, legal doctrines, and relevant scholarly literature on restorative justice and the juvenile criminal justice system. The results indicate that the principle of restorative justice in Law Number 11 of 2012 is implemented through diversion mechanisms in Article 7 and community involvement in Article 9, aiming to restore relationships between child perpetrators of bullying, victims, and the social environment. These provisions emphasize the juvenile criminal justice system’s orientation toward non-repressive and participatory case resolution. However, they remain normative and procedural, lacking clear recovery indicators. Furthermore, the study finds that the implementation of Articles 7 and 9 does not fully align with restorative justice principles, as it does not ensure a balanced position between victims and perpetrators and provides minimal mechanisms for evaluating and supervising the continuity of recovery. Therefore, there is a need to strengthen regulations and guidelines for the substantive application of restorative justice so that the criminal accountability of child perpetrators of bullying is genuinely oriented toward recovery and the prevention of repeat offenses.

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