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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 901 Documents
 87   88   89   90   91 
Covert Criminalization of LGBT Individuals: A Juridical Analysis of Court Decisions Based on the Pornography Law and the Criminal Code from a Critical Legal Studies Perspective Maaturwey, Maharani Roesiana
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.19602760

Abstract

This study analyzes the phenomenon of covert criminalization against LGBT individuals in Indonesia through court decisions based on the Pornography Law and the Criminal Code. Although Indonesian law does not explicitly criminalize sexual orientation, law enforcement practices often rely on morality-based provisions to prosecute individuals associated with LGBT identities. Using a normative juridical approach and a case analysis method, this research examines how judges interpret and apply these legal norms. By applying the Critical Legal Studies perspective, this study finds that such legal practices indicate an expansion of normative interpretation influenced by social and moral pressures. This raises concerns regarding legal certainty, equality before the law, and the protection of minority rights. The study highlights the gap between law in books and law in action in the Indonesian legal system.
Secure Payment Methods in Export-Import Transactions Lie, Gunardi; Chandra, Fayola Bearminta
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.19499509

Abstract

International trade involves high payment risks due to differences in location, legal systems, and lack of trust between exporters and importers. This study aims to identify the parties involved in the Letter of Credit (L/C) mechanism and to analyze why L/C is considered a safer payment method. The research uses an empirical method with a descriptive qualitative approach through literature study. The results show that L/C involves several parties, including importers, exporters, issuing banks, and advising/negotiating banks, supported by other parties such as customs and insurance companies. L/C is considered safer because payment is guaranteed by the bank and only made after all required documents are fulfilled. Therefore, L/C provides security and certainty in international trade transactions.
From Privacy to Exploitation: A Victimological Analysis of Cases Involving the Non-Consensual Distribution of Intimate Content Putri, Yuliani Finaly; Rahmadani, Dea Nanda; Suardi, M Dede Al Farabi; Salwarani, Denies; Utami, Ria Anggraeni
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.19537062

Abstract

The development of digital technology has made communication easier, but it has also opened up opportunities for new forms of crime, one of which is the non-consensual distribution of intimate content (non-consensual intimate images). This phenomenon is becoming increasingly common and has serious impacts on victims, whether psychologically, socially, or legally. Unfortunately, victims are often blamed, as they are perceived to have contributed to the occurrence of the incident. This study aims to analyze the position of victims in cases of non-consensual dissemination of intimate content using a victimological perspective, particularly through victim typology and modern victimology approaches. The method used is normative juridical, with a conceptual approach and case studies drawn from relevant news reports. The results of the analysis show that the use of classical victimological typologies often has the potential to create bias and reinforce victim blaming, especially in the context of digital crimes. Therefore, a modern victimology approach is considered more relevant, as it places victims as parties who must be protected rather than blamed. In addition, regulations such as the Law on Sexual Violence Crimes have provided a foundation for legal protection, although in practice they still face various challenges
The Validity and Evidentiary Strength of Foreign Electronic Signatures in Cross-Border Digital Transactions in Indonesia Artamevia, Halena
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.19649215

Abstract

The rapid growth of cross-border digital transactions has positioned electronic signatures as a fundamental tool for ensuring the legal validity of documents. However, the recognition of foreign electronic signatures within the Indonesian legal system remains a complex issue, particularly in relation to legal validity, evidentiary value, and differences in regulatory standards across jurisdictions. This study aims to analyze the validity and evidentiary strength of foreign electronic signatures under Indonesian law, as well as their conformity with international principles reflected in the UNCITRAL Model Law on Electronic Signatures 2001. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that, in principle, foreign electronic signatures can be legally recognized as long as they meet reliability and security standards. Nevertheless, in practice, their evidentiary value is not equivalent to domestically certified electronic signatures. Regulatory requirements, including system integration and compliance with national administrative standards, create significant barriers for foreign providers. These conditions lead to increased burdens of proof in dispute resolution and hinder legal interoperability in cross-border transactions. Therefore, there is a need to strengthen mutual recognition mechanisms and enhance international cooperation to balance digital sovereignty with global transaction efficiency.
The Gap in Legal Protection Between Permanent Employees and Contract Workers in Indonesia Hendriko, Klaudine Shyne
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.20024613

Abstract

 Legal protection for workers represents a form of the state's responsibility in ensuring the fulfillment of citizens’ constitutional rights as stipulated in the 1945 Constitution of the Republic of Indonesia. In employment practices in Indonesia, there are permanent employees and contract employees who have different legal statuses and levels of protection. These differences in status create disparities in the implementation of workers’ normative rights, particularly regarding job security, protection against termination of employment, and workers’ welfare. This article aims to analyze the regulation of legal protection for permanent employees and contract employees and to examine the forms of disparities in legal protection between them. The results of the discussion indicate that although legal protection for workers has been regulated in various laws and regulations, in practice contract employees remain in a more vulnerable position compared to permanent employees. Therefore, strengthening supervision and optimizing the implementation of labor regulations are necessary.
Legal Protection for Student Interns from the Perspective of Law in Indonesia Ceria, Nadia Intan
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

Abstract

Internship programs are initiatives designed to enhance skills; however, their implementation often presents various challenges. The purpose of this study is to examine how Indonesian labor law protects students from a labor law perspective. The approach used is a normative legal analysis, focusing on statutory regulations, particularly “Law No. 13 of 2003 on Manpower” and “Minister of Manpower Regulation No. 6 of 2020.” The data collected is secondary, sourced from literature reviews. The results of the study indicate that legal protection for interns includes provisions regarding rights and obligations, stipends, occupational safety and health, and social security; however, strengthened oversight and enforcement are necessary to ensure that these programs continue to function as effective training tools and do not evolve into the exploitation of interns.
Juridical Analysis of Evidence in Criminal Offenses Involving Information Technology in Decision Number 554/PID.B/2025/PN Jmr Alfiyanti, Aisyah Mulya
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.19734838

Abstract

Advances in information and communication technology have changed many parts of life, including how people commit crimes and how they do it. Digital crimes use new technologies, such as online fraud, hacking, and sharing illegal content. This is a change from the way crimes were done before.2 This situation presents novel challenges for the criminal justice system, especially concerning evidence. Electronic evidence has become very important as a modern type of proof. Nonetheless, enquiries regarding its validity, authenticity, and integrity persist in the legal context. This article aims to analyse the legal rationale articulated by the judge in Decision No. 554/Pid.B/2025/PN Jmr, specifically concerning the admissibility of electronic evidence. It will also look at whether electronic evidence meets the standards set by criminal procedure law and the Electronic Information and Transactions (ITE) Law. This normative juridical research employs a case study methodology, focusing on the examination of judicial rulings and pertinent regulations. The results show that the judge looked at electronic evidence in a way that followed the ITE Law. Electronic evidence can be considered valid if it meets the formal and material requirements. Judges' decisions show that people are working to change evidence law and technology to make digital criminal cases more certain. However, there are a few things that need to be improved, such as ways to check the authenticity and integrity of electronic data and ways to collect and handle digital evidence.
Tinjauan Hukum Mengenai Transaksi Afiliasi dan Benturan Kepentingan pada Perusahaan Terbuka dalam Studi Kasus PANI dan CBDK Dewi, Tiwi Ayu Haresa; Aliffia, Nayla; Annurillah, Riksya; Putri, Alexandra Vandela; Putri, Adeliya
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.19659669

Abstract

Public companies frequently engage in related-party transactions, particularly business groups with ownership and control ties. However, if such transactions are not conducted transparently and fairly, they can lead to conflicts of interest. The objective of this study is to examine the legal provisions related to related-party transactions and conflicts of interest arising in the relationship between PT Pantai Indah Kapuk Dua Tbk (PANI) and PT Bangun Kosambi Sukses Tbk (CBDK), as well as efforts to prevent them. The research method used is normative legal research with a statutory approach and a case study approach. The results of the study indicate that transactions between PANI and CBDK constitute affiliated transactions subject to Financial Services Authority Regulation No. 42/POJK.04/2020. This regulation specifically governs information disclosure, the use of independent appraisers, and the approval of independent shareholders in the event of a conflict of interest. Corporate management, internal controls, the principle of fairness, and legal due diligence can all help prevent conflicts of interest. Therefore, compliance with regulations is crucial to ensuring that corporate transactions in the Indonesian capital market remain valid.
Repressive Actions by Authorities in the Raid of a Gay Party in Siwalankerto, Surabaya: A Legal and Human Rights Perspective Kinanti, Ainina Ayu
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.19668719

Abstract

This study aims to analyze the legitimacy of repressive actions carried out by law enforcement officers in the raid of a gay party in Siwalankerto, Surabaya, from the perspective of criminal law and human rights. The core issue lies in whether such enforcement actions are legally justified or tend to exceed authority by prioritizing public morality over legal certainty. This research uses a normative juridical method with statutory and conceptual approaches, supported by case analysis. The results indicate that law enforcement actions in this case raise serious legal concerns due to the absence of explicit criminal provisions governing such conduct. This condition creates potential overcriminalization and risks violating fundamental human rights, particularly the right to privacy. On the other hand, arguments supporting the raid emphasize the importance of maintaining public order and societal moral values. In conclusion, the legitimacy of repressive actions in this case remains debatable, requiring clearer legal boundaries to ensure that law enforcement does not undermine legal principles and human rights protections.
Perlindungan Hukum terhadap Tenaga Kerja Outsourcing dalam Perjanjian Kerja Outsourcing Setiawan, Florencia Lavina
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.19627965

Abstract

One of the main strategies companies employ to compete in the business world is production cost efficiency, as controlling expenses is a crucial factor in maintaining competitiveness and increasing profitability. As one solution, many companies implement an outsourcing system. Through this mechanism, certain functions or activities are delegated to a third party with specialized expertise, allowing the company to reduce operational burdens, reduce costs, and focus more on its core business activities. Thus, outsourcing is seen as a strategic step to increase efficiency while strengthening the company's position in the face of global competition.

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