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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 872 Documents
 84   85   86   87   88 
Peran Hukum Internasional dalam Menyikapi Ketegangan Korea Utara dan Korea Selatan Pratiwi, Dita; Dewi, Mira Nila Kusuma; Amri, Muhammad Haekal; Andy, Arif; Sopamena, M. Sjukri; Sopamena, Mahmud Rahim; Fachriza, Hilda
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.17983034

Abstract

This study aims to provide an in-depth understanding of legal norms and their application in the tensions between North Korea and South Korea, as well as to integrate various legal sources and scholarly literature as the basis for analysis. The research employs a qualitative method with a normative approach, focusing on the analysis of applicable legal norms, principles, and regulations at both national and international levels. The data are obtained from various sources, including legislation, legal doctrines, academic journals, books, official websites, and relevant international legal instruments. Data analysis is conducted qualitatively through the evaluation, interpretation, and synthesis of legal materials to produce logical and comprehensive legal arguments. The findings indicate that the conflict between North Korea and South Korea constitutes a complex and protracted global security issue, with significant implications for the stability of East Asia and the international legal system. From the perspective of international law, this conflict is not merely a bilateral dispute but represents a serious violation of norms and principles of world peace. The United Nations Security Council has responded by issuing resolutions condemning North Korea’s actions and imposing economic and political sanctions, such as asset freezes and oil embargoes. However, the enforcement of international law faces major obstacles due to North Korea’s non-compliance.
Kekerasan dalam Rumah Tangga dalam Perspektif Hukum Positif dan Hukum Islam di Indonesia Ridha, Achmad Rasyid; Gassing, Qadir; Rahman R, Abd.
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.18258272

Abstract

Domestic violence (DV) is a social and legal issue that remains a serious problem in Indonesia. This phenomenon not only impacts victims physically but also causes psychological trauma, social loss, and disruption to family stability. This study aims to analyze the concept of domestic violence, its forms, causal factors, and efforts to address it from the perspective of positive law and Islamic law. The results indicate that domestic violence is influenced by unequal power relations, patriarchal culture, economic pressure, and a weak understanding of the values of justice in religious teachings. Therefore, an integrative legal and religious approach is needed to prevent and address domestic violence
Analisis Yuridis Kedudukan Barang Bukti yang Diperoleh Melalui Penyidikan yang Diduga Melanggar Kode Etik Lianti, Maergy Putri; 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.17933506

Abstract

This research analyzes the normative juridical legal status of evidence obtained during the investigation of corruption crimes, with allegations of violations of the code of ethics and procedures by investigators. The central issue examined is the dilemma between upholding due process of law (fair legal process) and the pursuit of material truth, which reflects the Fruit of the Poisonous Tree Doctrine. The research method is normative juridical, using a statute approach and conceptual approach. Primary data sources include the Criminal Procedure Code (KUHAP), the Law on the Eradication of Corruption Crimes, and Supreme Court jurisprudence decisions. The research findings indicate that Indonesia's criminal procedural law adheres to the principle of absolute admissibility (rule of admissibility), where violations of investigators' code of ethics are generally handled through internal disciplinary mechanisms, without automatically invalidating the validity of evidence. Evidence remains valid if it meets the formal and material requirements under Article 184 of the KUHAP. However, there are indications that judges are beginning to consider serious ethical violations that infringe on human rights to reject the admissibility of evidence, as a measure to maintain the integrity of law enforcement. This research recommends the harmonization of regulations that clearly regulate the tolerance limits for violations of the code of ethics and their impact on the validity of evidence, to provide legal certainty and enhance the professionalism of law enforcement officials.
Penetapan Usia Minimal dalam Rekrutmen Tenaga Kerja Ditinjau dari Prinsip Kesetaraan dan Larangan Diskriminasi dalam Hukum Ketenagakerjaan Indonesia Afifudin, Kholilul Rohman; Wahyoeono, 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.18156449

Abstract

The establishment of a minimum age requirement in employee recruitment is a common practice in Indonesia’s labor market and is often justified as part of human resource management and the protection of young workers. However, from the perspective of labor law, such a requirement cannot be separated from the principles of equality and non-discrimination in access to employment. This article aims to conduct a normative analysis of whether the imposition of a minimum age requirement in recruitment, as regulated under Indonesian labor law, contradicts the principle of equality and the prohibition of discrimination. This study employs a normative legal research method using statutory and conceptual approaches. The findings indicate that the regulation of working age under Law Number 13 of 2003 on Manpower contains normative inconsistencies and legal ambiguities, which create opportunities for age-based discrimination in recruitment practices. The rigid and general application of minimum age requirements, without objective justification directly related to the nature of the job, has the potential to violate the principle of equality and the prohibition of discrimination in Indonesian labor law.
The Position of Customary Court Decisions in Proving Civil Proceedings in State Courts Wijaya, Happy Trizna
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.18501510

Abstract

This research was conducted with a doctrinal or normative method and used a conceptual approach. The normative research method not only examines positive law but also customary law as material law that grows in society. Settlement of civil disputes is not only done by state efforts law  but custom society also often use the efforts in accordance with the customary law that applies in their place. The results of dispute resolution through traditional courts are decisions. In this study, analyzing the position of customary court decisions in civil court evidence if the decision has not been accepted by the disputing parties so that it requires legal remedies through a lawsuit or petition to the District Court.
An Islamic Legal Study on the Practice of Tubectomy Contraception in Palimanan District, Cirebon Regency Nur, Fadhlu Humaedillah
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.18611098

Abstract

This study aims to describe and analyze the practice of tubal ligation contraception in Palimanan District, Cirebon Regency, as well as to analyze Islamic law perspectives on this practice. Tubal ligation as a permanent contraceptive method raises debate among scholars because it relates to maqāṣid al-syarī'ah, especially in the aspect of ḥifẓ al-nasl (preserving lineage). This research uses qualitative methods with a descriptive-analytical approach. Data were collected through in-depth interviews with tubal ligation acceptors, health workers, religious leaders, and Family Planning program officers. Data analysis was conducted using maqāṣid al-syarī'ah theory and maṣlaḥah principles. The results show that the practice of tubal ligation in Palimanan District is carried out for various reasons, including: economic factors, health reasons, medical personnel recommendations, and government programs. Most acceptors do not deeply understand the position of Islamic law regarding tubal ligation. From an Islamic law perspective, tubal ligation is categorized as a permanent contraception that is basically not recommended except in emergency conditions (ḍarūrah) that meet shar'i criteria, such as threats to the mother's life. This study recommends the importance of comprehensive Islamic law education before performing tubal ligation, active involvement of religious leaders in Family Planning programs, and strengthening the principle of informed consent based on Islamic values.
Analisis Cacat Informed Consent dalam Praktik Kedokteran dan Implikasinya terhadap Pertanggungjawaban Hukum Tenaga Medis dalam Perspektif Hukum Kesehatan Indonesia Suparman, Cecep Kholik; W, Wahyudi
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.18627611

Abstract

Informed consent is a fundamental principle in healthcare services, demonstrating respect for patient autonomy and legal protection for medical personnel. However, in practice, informed consent is often not implemented optimally, resulting in legal flaws that have implications for the accountability of medical personnel. This study aims to analyze the forms of flaws in informed consent and their implications for the legal accountability of medical personnel from the perspective of Indonesian health law. The research method uses a normative juridical approach through a literature review of laws and legal literature, by analyzing the Criminal Code, the Health Law, the Medical Practice Law, and related medical regulations. The results show that flaws in informed consent include lack of information, misunderstanding, coercion, deception, and patient incompetence. These flaws in informed consent have implications for civil liability based on unlawful acts and breach of contract, criminal liability through articles on assault and fraud, and administrative and ethical liability through the MKDKI and MKEK. Strengthening informed consent requires a multilevel approach that includes policy harmonization, improved education of healthcare personnel, utilization of technology, patient empowerment, and consistent law enforcement to provide balanced protection for patients and medical personnel.
Dugaan Perundungan di Lingkungan Kampus: Studi Kasus Kematian Timothy Anugerah di Universitas Udayana Sijabat, Margaretha Happy Dianezra
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.18434460

Abstract

The death of Timothy Anugerah, a student of Udayana University, has attracted widespread attention from the public, the media, and the academic community. This study aims to analyze the incident from social, ethical, legal, and human rights perspectives, while highlighting the role of higher education institutions and society in preventing similar cases. In Timothy’s case, no strong evidence of bullying during his lifetime was found. However, a phenomenon of posthumous bullying emerged, causing additional psychological distress to the victim’s family. This study also emphasizes the importance of empathy, social ethics, and the protection of students’ human rights, including the right to live safely, peacefully, and free from intimidation. Furthermore, this case underscores the responsibility of universities to provide an academic environment that supports mental well-being, transparency, and psychological support systems. The social and legal reflections drawn from this case serve as a reminder to the entire academic community and society at large that respect for others, the protection of human rights, and character education are essential foundations for creating a safe and humane learning environment.
Analisis Yuridis dan Humanis Fenomena Pernikahan di Bawah Umur di Tengah Arus Romantisme Media Sosial Wulan, Nandar; Putri, Sekar Rahayu; Muling, Candra Wijaya
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.18440636

Abstract

Underage marriage in Indonesia is currently facing a troubling paradox. On the one hand, the state has demonstrated juridical progressiveness through Law Number 16 of 2019, which tightens the minimum legal age for marriage. On the other hand, the social media ecosystem has instead fostered a trend of romanticizing early marriage through aesthetic content and simplistic narratives of “moral salvation” or “avoiding adultery.” This paper aims to examine this phenomenon using a normative-sociological research method with a legal humanism approach. The critical analysis shows that the instrument of marriage dispensation in the courts often transforms into a legal shortcut that overlooks aspects of psychological maturity, economic readiness, and children’s reproductive rights. The findings conclude that law enforcement will not be effective if it remains merely administrative in nature. An integrative policy redefinition is required, encompassing the harmonization of judicial decision-making standards, the enhancement of digital literacy among Generation Z, and the holistic strengthening of child human rights protection. This paper recommends that the law should no longer act as a “passive spectator” amid the tide of digitalization that reduces the meaning of marriage to mere social media content.
Power Relations in the Sexual Exploitation of Children in the Case of the Rape of Female Islamic Boarding School Students in the City of Bandung Purwananda, Diwan Azka; Maulana, Muhamad Ibnu; Dzikrillah, Muhamad Khaerul; Indriyany, Ika Arinia
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18844297

Abstract

This study aims to analyze the role of power relations in the occurrence of child sexual exploitation in the case of the rape of female Islamic boarding school students in Bandung. The research employed a qualitative approach with a critical case study design. Data were collected through document analysis of court decisions, media reports, and relevant academic literature, using a document analysis guideline and source triangulation. Data were analyzed interpretatively to examine the perpetrator’s social position, the victim’s structural dependency, and patterns of domination within the educational institution. The findings reveal that sexual exploitation occurred within socially and symbolically legitimized non-formal power relations, producing structural inequality and limiting the victim’s capacity to resist. The study demonstrates that child sexual exploitation constitutes a structural phenomenon rooted in unequal power distribution within institutions rather than merely an individual criminal act. Strengthening institutional oversight and restructuring power relations are therefore essential for prevention.

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