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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 798 Documents
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Pengaruh Teknologi dan Globalisasi Terhadap Sistem Hukum dan Identitas Sosial Masyarakat L, Lazarus
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11782822

Abstract

This study aims to explore the impact of technology and globalization on the legal system and social identity of communities. The background highlights the significant influence of information technology and the global interconnectedness of societies, reshaping legal frameworks and altering social identities. The urgency of this research lies in understanding the challenges and opportunities posed by technological advancement and globalization, particularly in the context of developing countries like Indonesia. The methodology involves a comprehensive review of literature and empirical data analysis to assess the implications of these phenomena on legal systems and societal identities. The findings indicate a complex interplay between technology, globalization, legal frameworks, and social identities, with both positive and negative consequences. While technology and globalization facilitate access to legal information and cross-cultural exchanges, they also raise concerns regarding privacy, security, and the preservation of local cultural identities. Therefore, proactive measures are necessary to harness the benefits of technology and globalization while safeguarding legal integrity and preserving social cohesion.
Pertimbangan Hukum Dalam Hak Asuh Anak Pasca Perceraian Wicaksana, Dika Hikmah; Trasaenda, Resfa Klarita; Pramesti, Indira Yekti Widya; Sabrina, Amanda Feby; Insani, Gema Mutiara; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12179892

Abstract

The study cases were selected based on their relevance and complexity in the context of legal considerations in post-divorce child custody. Decision Number ---/Pdt.G/2023/PN Smn was chosen because it provides an in-depth understanding of the legal framework and factors considered in post-divorce child custody cases. This research will use a qualitative approach with a case study design. This approach was chosen to understand in depth the legal considerations used in determining child custody after divorce. Researchers will study legal documents such as court decisions, judge's considerations, and statutory regulations related to determining child custody after divorce. Post-divorce child custody can be a difficult and controversial issue, especially in cases involving an unexpected and disorganized divorce. In this research the author focuses on the context of legal considerations in post-divorce child custody in Decision Number ---/Pdt.G/2023/PN Smn. This research uses a qualitative approach with a case study design. The research results show that court decisions can influence various aspects of children's lives, including economic stability, parenting patterns, and interactions with the social environment. Therefore, judges must consider all these aspects carefully and comprehensively to ensure that the decisions taken truly prioritize the best interests of the child.
Problematika Pembentukan Undang-Undang Cipta Kerja Terkait Perlindungan Terhadap Hak-Hak Tenaga Kerja di Indonesia Hermawati, Mutiara; S, Suwarsit
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11217408

Abstract

The main urgency of the establishment of the Job Creation Law is aimed at improving and stimulating the growth of the Indonesian economy through increased investment and expansion of employment. However, after the draft law has been completed and will be ratified, the contents of the articles regulated therein contain an imbalance between employers and labor. Where employers are considered to have many advantages in the regulation and on the other hand the rights of labor are increasingly trimmed and restricted. So that at the stage of ratification, the law reaped polemics and controversy among the community. With this problem, this research was conducted by the author with the aim of finding out about the causes of the controversial Job Creation Law and the impact it has on labor. The method used in this research is the literature method which uses secondary data sources by collecting data through various reading sources such as articles, journals, papers, and news. The result of this research is that to ease the controversy, the Job Creation Law was submitted to the Constitutional Court to pass the material and formal testing stages until the result obtained was that the law was declared Conditionally Unconstitutional.
Upaya Perlindungan Hukum dan Pemulangan Dalam Kasus Tindak Pidana Perdagangan Orang di Myanmar (Legal Protection And Return Efforts of Human Trafficking People In Myanmar Cases) Sabrina, Fadiah Tarisa; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12547373

Abstract

Everyone desires a prosperous life, but challenges in the modern era are increasingly diverse, encompassing economic, educational, and cultural issues. Poverty and low education levels are the main drivers for people to improve their welfare. In 2016, more than 9 million Indonesian migrant workers were recorded working abroad, contributing remittances amounting to Rp 118 trillion. The majority of migrant workers come from poor rural areas with low education levels, and many work non-procedurally. This condition is often exploited by human traffickers. Human trafficking is a transnational crime that occurs across borders. In Indonesia, this crime is regulated by Law No. 21 of 2007 on the Eradication of the Crime of Human Trafficking, which provides protection and restitution for victims. However, law enforcement is still lacking. Southeast Asia is a region with high human trafficking activity, where ASEAN and the UN have made agreements to address it. The recent case in Myanmar shows the gap between regulations and practices on the ground. Several Indonesian citizens were smuggled into Myanmar, deceived, forced, and exploited. The Indonesian government is trying to repatriate them, but it is hampered because the online scamming company is located in a conflict area. This shows that despite various legal instruments, there are still significant challenges in law enforcement related to human trafficking.
Isu Hukum Dalam Penanganan Pandemi: Evaluasi Respons Hukum Terhadap Krisis Kesehatan di Indonesia Warsito, Ronggo; Oktafianur, Muhammad Dodi; F, Ferdiyansyah; Azizah, Tiara Putri
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11515600

Abstract

To handle the health crisis more effectively, increased transparency and accountability in decision making and policy implementation are needed. This includes providing clear and open information to the public about the steps taken by the government, as well as mechanisms for evaluating and reporting progress in handling the crisis. Active Community Participation: The community must be actively involved in the decision-making process and implementation of policies related to the health crisis. This includes listening to community aspirations and needs, as well as exploring local knowledge and available resources to strengthen crisis management efforts. Inter-Agency Collaboration and Stakeholder Engagement Close collaboration between various government agencies, the private sector, non-governmental organizations and civil society is essential to respond effectively to the health crisis. This includes good coordination in the distribution of resources and responsibilities between institutions, as well as the formation of strategic partnerships to support crisis management efforts. Capacity Strengthening and Training: Health officials and policy implementers should be trained regularly on laws, policies and practices related to health crises. This includes increasing understanding of health protocols, law enforcement procedures, and ethical principles in responding to health crises. Continuous Evaluation and Learning Continuous evaluation of the government's response to the health crisis.
Perlindungan Hukum Atas Pencabutan Izin Usaha Pertambangan Oleh Satuan Tugas Penataan Penggunaan Lahan dan Penataan Investasi Gultom, Devi Roma Loisa
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13348018

Abstract

The protection of law-abiding mining permit holders whose IUP (Mining Business Permit) is revoked by the Minister of BKPM (Investment Coordinating Board) is the topic addressed in this article. This article aims to identify and analyze the legal basis for the revocation of IUPs by the Minister of BKPM, as well as the legal protection available to affected IUP holders. The research method used in this case study is a normative juridical approach. The author examines and studies data including primary, secondary, and tertiary legal materials, as well as bibliographic data. The research findings indicate that the revocation of IUPs is a last resort measure for administrative sanctions for companies failing to meet their obligations, and that the revocation carried out by the BKPM Task Force is legally flawed and violates the provisions of Article 188 of Government Regulation No. 96/2021. Legal protection available to affected permit holders includes administrative legal remedies, requests, and administrative court lawsuits.
Pondok Pesantren Waria Al-Fatah Yogyakarta : Harapan di Tengah Ketidakadilan Hukum dan Sosial Aryaputri, Aqila Shafiqa; Lewoleba, Kayus Kayowuan
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11671182

Abstract

This paper examines the vital role of Pondok Pesantren Waria Al-Fatah Yogyakarta in strengthening human rights protection for the waria community. By examining the legal system in Indonesia and the contributions of the pesantren, this brief discusses how the institution has participated in providing a safe and supportive environment, providing religious education, training skills, and providing legal assistance to members of the transgender community. Through these efforts, Pondok Pesantren Waria Al-Fatah Yogyakarta serves not only as a physical sanctuary, but also as an agent of social change that promotes inclusion and recognition of human rights for all individuals, including waria. Overall, this pesantren serves as an important example of how commitment and concrete efforts can have a positive impact in fighting for the rights of waria and encouraging a more inclusive society.
Analisis Jaminan Hak-Hak Pekerja Pada PT. Mas Murni Indonesia (Hotel Garden Palace Surabaya): Studi Kasus Putusan MAHKAMAH AGUNG Nomor 1565 K/Pdt.Sus-PHI/2022 Gibran, Rizal Ananda; Putra Siagian, Imanuel Nelson; Purba, Moses Frederick
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12106759

Abstract

Hotel Garden Palace Surabaya, operated by PT MAS MURNI INDONESIA, declared bankrupt by the Surabaya Commercial Court, conducted mass layoffs without paying severance to approximately 200 employees. According to Law Number 13 of 2003 concerning Manpower, even if a company is declared bankrupt, the curator must continue business operations and fulfill obligations like salary payments. The Industrial Relations Court has absolute authority to resolve labor disputes, including rights disputes, interest disputes, and termination disputes. Workers who were unilaterally laid off by Hotel Garden Palace Surabaya can file a lawsuit with the Commercial Court based on Article 153 of the Manpower Law. Factors affecting the effectiveness of the Industrial Relations Court include the involvement of related parties, the competence of judges, resource limitations, and the involvement of mediation institutions. The implementation of dispute resolution mechanisms through the Industrial Relations Court significantly impacts workers' rights, employers' obligations, and the industrial relations climate. The court ensures proper compensation for workers who are unilaterally laid off and provides legal protection, ultimately increasing workers' confidence in their rights and stabilizing industrial relations at Hotel Garden Palace Surabaya. In conclusion, the Industrial Relations Court plays an essential role in enforcing labor laws and ensuring protection and justice for laid-off workers, even in situations of company bankruptcy.
Analisis Penipuan Online Melalui Media Sosial Dalam Perspektif Kriminologi M, Mulyadi; Nurdin, Aulia Anjani; Anjani, Axara Alejendra; Alamsyah, Fiqih Dien; Sifana, Firdha; Yudistio, Muhammad Albar; Maulana, Muhammad Kareem; Rabbani, Radiyya Alvaro Achmad
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11183088

Abstract

Conventional fraud is regulated in detail in the Criminal Code along with its penalties. However, in modern times, the act of fraud has developed from being conventional to being carried out using technology or commonly referred to as online. The research method used in this research is the normative juridical method. The results of this study state that there are many concrete forms of online fraud that occur through various social media platforms or online shopping media, such as phishing, scamming, and social engineering. The criminal offence of online fraud is regulated in Law No. 19 of 2016 on the amendment of Law No. 11 of 2008 on Electronic Information and Transactions. Specifically contained in Article 28 paragraph (1) of the ITE Law which regulates the provisions of fraud by providing false information in electronic media, so that anyone who violates it has committed a criminal offence of fraud. The criminal provisions can be seen in Article 45A paragraph (1) of the ITE Law, which is a maximum imprisonment of (6) six years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). Efforts to prevent online fraud, namely the need to increase and improve the professionalism and integrity of law enforcement officials in handling cases of online fraud crimes that are rampant in the community. This is done so that there is legal certainty and guaranteed protection for the community.
Pertanggungjawaban Platform E-Commerce Terhadap Penipuan Oleh Pelaku Usaha Terverifikasi Yang Mengakibatkan Kerugian Konsumen Rasyid, Mohammad Haikal; Jannah, Ghina Rhoudotul; Fiana, Vinka Arzetta; Latisha, Najwa; Nurfajriana, Syifa; Sakti, Muthia
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12521807

Abstract

This research aims to explain the types and forms of liability held by e-commerce platforms in cases of fraud by verified business actors. This includes a legal analysis of the platform's liability towards aggrieved consumers. This can improve the liability mechanism, e-commerce platforms can build consumer trust. Consumers who feel protected are more likely to shop online, which in turn can increase transaction volume and profits for e-commerce platforms. The method used in this research is Juridical-Normative by conducting research sourced from literature and from the results of decisions related to the Law or commonly referred to as library legal research conducted by examining secondary materials only. The results of this study are that consumer protection in digital transactions in Indonesia is regulated by the GCPL and ITE Law. In the case of fraud in ordering roof tiles on Tokopedia, there is negligence on the part of Tokopedia and vendors that violate the law. Consumer rights according to the GCPL have been violated, so the responsibility is not only on the deceptive seller but also on Tokopedia as a platform provider. However, Tokopedia does not support its consumers in resolving this dispute.

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