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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 924 Documents
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Systemic Failure of Subsidized Gas Distribution from the Perspective of Economic Analysis of Law Mulyadi M
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.19726153

Abstract

This study aims to conduct an in-depth analysis of systemic failures in the distribution chain of 3-kilogram Liquefied Petroleum Gas (LPG) in the Jakarta metropolitan area, particularly in response to global energy price shocks in 2026. Using an interdisciplinary Economic Analysis of Law (EAL) framework, this research evaluates the incentive structures that drive distribution irregularities, including interregional allocation leakages and large-scale illegal gas adulteration practices. The main focus is directed at three critical variables: (1) disparities in non-harmonized regional Maximum Retail Prices (HET), (2) policies restricting base-level quota volumes that overlook the Decent Living Needs Standard (KHL) in Jakarta, and (3) the increase in non-PSO LPG prices as of April 18, 2026, triggered by the Strait of Hormuz crisis as a primary catalyst for economic crime. Through the application of Rational Choice Theory, Deterrence Theory, and the Coase Theorem, this study identifies that distribution irregularities represent rational responses by economic actors to regulatory inefficiencies. The findings indicate that punitive approaches through criminal law enforcement entail very high administrative costs and relatively low effectiveness compared to administrative measures such as price harmonization and targeted distribution digitalization. The analysis underscores the need to reassess the quota/allocation restrictions of 2,000 to 3,000 cylinders per month for distribution bases.
Victims as Subjects, Not Objects, in the Criminal Justice System David Valencia; Mutiara Nefa Andini; Rifky Aditya; Ria Anggraeni Utami
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.20064032

Abstract

The criminal justice system has long tended to be offender-oriented, resulting in victims often being marginalized and viewed merely as objects within the evidentiary process. In reality, victims are the parties who directly suffer losses due to criminal acts and should, therefore, be positioned as subjects with legal rights and interests. This research aims to analyze the legal standing of victims within the criminal justice system and examine efforts to establish them as subjects from a victimological perspective. This study employs a normative legal research method with a statutory and conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively. The results indicate that although victims are normatively recognized as having rights, in practice, they are still frequently treated as objects within the criminal justice system. This is caused by a strong offender-oriented paradigm, a legal culture that does not yet favor victims, and limited mechanisms for victim participation in the judicial process. Consequently, a paradigm shift through victimological approaches specifically critical and restorative victimology is required to strengthen the position of victims as subjects within the criminal justice system.
Juridical Analysis of the Determination of Jurisdiction and Its Legal Consequences for Consumer Protection in Cross-Border Digital Transactions Based on Electronic Contracts Aurelia Jessica Mavelynn
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.20125273

Abstract

The rapid development of information technology has accelerated the growth of cross-border digital transactions conducted through electronic contracts involving business actors and consumers from different jurisdictions. This situation gives rise to legal issues concerning the determination of jurisdiction and its legal consequences for consumer protection. This study aims to examine the determination of jurisdiction in resolving disputes arising from cross-border digital transactions and to analyze its legal consequences for consumer protection. The research employs a legal research method using statutory and conceptual approaches, based on a literature study of primary, secondary, and tertiary legal materials analyzed qualitatively. The findings indicate that the determination of jurisdiction in cross-border digital transactions encounters challenges due to the limitations of applying traditional private international law principles within the digital environment. The use of choice of forum and choice of law clauses in electronic contracts tends to place consumers in a weaker position, potentially limiting their access to justice. The legal consequences of jurisdiction determination are reflected in the application of certain laws that may not provide adequate consumer protection, restricted access to dispute resolution mechanisms, and difficulties in the enforcement of foreign judgments. Existing national legal frameworks have not fully addressed these complexities, thus requiring regulatory enhancement and international cooperation to ensure more effective consumer protection in cross-border digital transactions.
Criminalization of Commercial Sex Service Users: A Comparative Study of Prostitution Eradication in Sweden and South Korea Rizky Chandra Pratama
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.20150697

Abstract

Article 12 of Law No. 12 on Sexual Violence Crimes explicitly recognizes sex workers as victims of sexual exploitation. Nevertheless, it is primarily pimps who are subject to criminalization, while clients of commercial sex services remain free from legal consequences. This study aims to analyze whether commercial sex service users can be prosecuted and how criminal law regulations regarding commercial sex service users in Indonesia compare with those in Sweden and South Korea. The research method employed is a normative legal study utilizing a statutory approach, a conceptual approach, and a comparative approach. The findings indicate that users of commercial sex services cannot be prosecuted because there is no provision in the Criminal Code (KUHP) or any special legislation prohibiting the act of purchasing or using another person’s sexual services. Indonesia’s criminal law framework lags far behind that of Sweden and South Korea, which have criminalized the purchase of sex; in Indonesia, however, sex buyers or clients remain entirely beyond the reach of the law, even though sex buyers and pimps are interdependent within the ecosystem of prostitution and sexual exploitation.
Analisis Putusan PTUN Terhadap Sengketa Kepegawaian Aparatur Sipil Negara (ASN) : Studi Kasus Mengenai Sengketa Mutasi, Pemberhentian, atau Disiplin ASN Laila Nur Fadila; Pariwusiana Anwar; Anaku Alana; uhammad Imam Syahid
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.20667610

Abstract

This study aims to analyze the decisions of the State Administrative Court (PTUN) regarding civil service disputes involving State Civil Apparatus (ASN), particularly those related to the rejection of ASN transfers (mutations). ASN employment disputes are a form of state administrative dispute that frequently occurs due to administrative decisions made by government officials that are considered to harm employees’ rights. This research uses a normative juridical method with statutory, case, and conceptual approaches. The legal materials used consist of primary legal sources in the form of legislation and PTUN decisions, as well as secondary legal materials such as books, journals, and other legal literature. The data collection technique is conducted through library research with descriptive-qualitative analysis. The results show that PTUN decisions play an important role in providing legal protection for ASN employees who are harmed by administrative decisions related to personnel transfers. In addition, judges’ considerations in resolving ASN employment disputes are based on aspects of authority, procedure, and the substance of state administrative decisions. This research is expected to contribute to the development of administrative law, particularly in relation to the settlement of ASN employment disputes in Indonesia.
A Juridical Review of Debtor Default in Consumer Financing Agreements at Financing Companies Wanda Pitaloka
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.20375618

Abstract

This study aims to legally analyze debtor default in consumer financing agreements at financing companies. The method used is normative juridical with a statutory and conceptual approach. The results show that the financing agreement is the basis of the legal relationship between creditors and debtors, which gives rise to rights and obligations for the parties according to the Civil Code. Default occurs when the debtor fails to fulfill its obligations, such as late or non-payment of installments. As a result, the creditor has the right to collect, issue a summons, and even execute fiduciary guarantees. Dispute resolution is, in principle, prioritized through non-litigation channels to reach a mutual agreement.
Analisis Yuridis Pengesahan Perkawinan Beda Agama: Kajian Putusan Pengadilan Negeri Jakarta Pusat Nomor 155/Pdt.P/2023/PN.Jkt.Pst Amira Shiba; Aulia Tiara; Kinanti Lukman
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.20685500

Abstract

This study examines the Decision of the Central Jakarta District Court Number 155/Pdt.P/2023/PN.Jkt.Pst concerning a petition for the legalization of an interfaith marriage between an Indonesian Muslim woman and an Indonesian Protestant Christian man, who solemnized their marriage in a church. The study focuses on four main aspects: (1) the reasons of the parties for entering into an interfaith marriage; (2) the legal standing of each party under both religious law and national law; (3) legal implications for the inheritance rights of children born from the interfaith marriage; and (4) the judge's considerations in granting legalization. Using a normative juridical method with case and statute approaches, the study finds that the judge's decision to grant legalization constitutes a progressive legal breakthrough placing individual civil rights and the best interests of the child above religious law differences, albeit creating normative tension with Article 2(1) of Marriage Law No. 1 of 1974.
Konsentrasi Pembunuhan pada Lokasi Mikro: Analisis Kriminologi Komparatif atas Risiko Kematian di Berbagai Kawasan Dunia Zul Khaidir Kadir
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.20604599

Abstract

This article examines the spatial concentration of homicide at micro-places across world regions by treating lethal risk as a problem of place, governance, and data quality. Homicide rates per 100,000 population remain useful for comparing the burden of violence across territories, but they do not explain why deaths repeatedly occur in particular small locations. Such risk may appear on street segments, transport nodes, night-time economy sites, markets, parking areas, or private spaces such as the home. Using a place-based comparative analytical design, the article explores how place characteristics, environmental risk, and spatial governance shape homicide hot spots. Homicide concentration does not emerge from places that are inherently dangerous. Risk is produced when recurring conflict intersects with weak guardianship, poor visibility, accessible escape routes, weapon availability, and delayed assistance. Cross-regional comparison suggests that these mechanisms operate unevenly. In some cities, hot spots are tied to territorial control and illegal assets. In others, lethal risk is more closely linked to night-time economies, informal urban spaces, closed domestic relations, or imprecise location recording. The article contributes to comparative homicide studies by moving beyond aggregate rates and by linking micro-place dynamics to urban governance and regional variation. Micro-places are treated as event sites, cities as arenas of surveillance and service delivery, and world regions as settings where lethal risk is recorded, governed, displaced, or allowed to persist in different ways.
Abuse of Authority by a Branch Manager in the Transfer of Customer Funds as Illegal Credit Collateral: A Study of Decision Number 134/Pdt.G/2025/PN Jkt.Pst Gusti Bintang Maharaja; Chelsea Kairadinda Adam; Firda Amalia
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.20354886

Abstract

Abuse of authority by bank branch managers represents a form of governance failure that not only harms customers individually but also undermines public trust in the national banking industry. This study juridically analyzes the case of abuse of authority committed by the Branch Manager of PT Bank Maybank Indonesia Tbk, Cilegon Branch, in Case Number 134/Pdt.G/2025/PN Jkt.Pst, in which customer funds amounting to IDR 30 billion were unilaterally converted into cash collateral for another party’s credit facility without the knowledge of the legitimate owner of the funds. Using a normative research method through statutory and case approaches, this study integrates an analysis of bank credit policy materials with a review of court decisions. The results of the study indicate that the actions of the branch manager systematically violated the prudential banking principle, disregarded the 5C and 7P credit analysis procedures, and weakened the segregation of duties mechanism that should function as an internal control safeguard. Furthermore, this study finds that the doctrine of vicarious liability, as regulated under Article 1367 of the Indonesian Civil Code (KUHPerdata), provides a strong legal basis for imposing civil liability on the bank as a corporation for unlawful acts committed by its branch manager, particularly when the bank fails to prove that it had implemented adequate preventive measures
Kajian Yuridis Normatif terhadap Pertanggungjawaban Hukum Platform Telegram dalam Pembajakan Film Berdasarkan Hukum Hak Cipta di Indonesia Gina Rahma; Tiara Kansa Anjar Pratiwi; Asfy Putri; Ikhwan Aulia Fatahillah
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.20675827

Abstract

This study examines the legal liability of the Telegram platform for film piracy under Indonesian copyright law, addressing the persistent gap between existing legal norms and their enforcement in the digital environment.The research employs a normative legal method using statutory and conceptual approaches, relying on secondary data derived from legislation, legal doctrines, and relevant literature. The findings indicate that Indonesia’s legal framework, including copyright and electronic transaction regulations, is substantively comprehensive in protecting the economic rights of creators and regulating digital platforms. However, enforcement remains ineffective due to technological complexities, limited monitoring capabilities, weak deterrent effects, and low public awareness. The study further reveals that Telegram, while not the primary perpetrator, may bear civil liability in the form of secondary liability if negligence in preventing or addressing infringing content is proven, although criminal liability is difficult to establish without evidence of intent. 

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