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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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Legal Protection of Minority Shareholders in the Acquisition of Limited Liability Companies Walyuddin W
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.20388972

Abstract

This study examines the legal protection of minority shareholders in the acquisition of Limited Liability Companies based on Law Number 40 of 2007 concerning Limited Liability Companies. The acquisition of a Limited Liability Company, as one form of corporate restructuring, often results in changes in corporate control that may harm the interests of minority shareholders due to the dominance of majority shareholders in the decision-making mechanism through the General Meeting of Shareholders (GMS). This research aims to analyze the extent to which the regulation of company acquisitions under the Company Law is capable of providing legal protection to minority shareholders and to analyze the application of the principles of majority rule and minority protection in the practice of acquisitions of Limited Liability Companies in Indonesia. The research method used is normative juridical research employing statutory and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary legal materials analyzed qualitatively through library research. The results of the study indicate that the Company Law has basically provided legal protection for minority shareholders through various mechanisms, such as appraisal rights, the right to file lawsuits, derivative actions, and the right to obtain protection in the process of acquiring Limited Liability Companies. However, in practice, such legal protection has not been implemented optimally due to the dominance of majority shareholders in the GMS, weak law enforcement, limited access to corporate information, and the absence of strict sanctions against abuses of power by controlling shareholders.
Analisis Yuridis Kesalahan Prosedur Eksekusi Putusan Pengadilan yang Mengakibatkan Kerugian Pihak Ketiga Beriktikad Baik Dalam Kasus Penggusuran di Tambun Selatan Novita Widia Sari; Lidia Theresia Rotua Simamora; Wijayati W; Dwi Desi Yayi Tarina
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.20696461

Abstract

On January 30, 2025, the Cikarang District Court (Pengadilan Negeri/PN Cikarang) carried out a land eviction execution at Cluster Setia Mekar Residence 2, Tambun Selatan, Bekasi Regency, based on the Bekasi District Court Decision Number 128/PDT.G/1996/PN.BKS which had obtained permanent legal force (inkracht van gewijsde). This study aims to analyze two primary legal issues: first, whether the execution conducted by PN Cikarang complied with the applicable civil procedural law, particularly regarding the obligation to coordinate and re-measure land boundaries with the Land Office as interpreted from Article 93 of Government Regulation Number 18 of 2021 in conjunction with Government Regulation Number 24 of 1997; and second, what forms of legal protection are available to good-faith third parties who become victims of erroneous execution over certified immovable property. This research employs a normative juridical method with statutory and case approaches. The findings indicate that the execution was procedurally defective as it was not preceded by coordination and a measurement request to the land authority, thereby violating the principles of legal certainty and publicity in property law. The aggrieved third parties may pursue compensation claims under Articles 1365 and 1366 of the Civil Code, third-party opposition (derden verzet) under Article 195 paragraph (6) of HIR in conjunction with Article 208 of HIR, and reporting to the Judicial Commission.
Hak Waris Anak Perempuan Menurut Hukum Adat Batak Axel Gultom; Johan Binsar Rockefeller Manurung; Muhammad Zadith Taqwa; Dwi Desi Yayi Tarina
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.20639286

Abstract

This study examines the inheritance rights of daughters under Batak Toba customary law, which is based on a patrilineal kinship system. The background of the problem highlights the prioritization of inheritance distribution to sons as the successors of the clan (marga), resulting in daughters traditionally not receiving inheritance, as they are considered to join their husband’s clan after marriage. The research problems include the regulation of inheritance rights, the legal standing of Supreme Court Decision Number 179 K/Sip/1961, and its current implementation in society. The research method is normative juridical, employing a literature study approach and qualitative analysis of positive legal norms. The results indicate that the decision recognizes the inheritance rights of daughters, although it does not entirely eliminate customary practices. Its implementation varies: traditional communities tend to maintain the old norms, while urban societies are more inclusive through family deliberation. It is concluded that Batak Toba customary law is undergoing dynamic adaptation toward national principles of justice, emphasizing the harmonization between customary law and modern legal systems.
Legal Standing Issues in Mixed Marriage Disputes and Their Implications for Legal Certainty (A Study of Decision Number 521/PDT/2020/PT.DKI) Najwa Alicia Yasmin B; Marsya Keisya Gunawan; Voleta Istiqomah; Dwi Desi Yayi Tarina
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.20365777

Abstract

Mixed marriages raise numerous legal issues, particularly regarding legal certainty and legal standing in civil disputes. The purpose of this study is to evaluate the legal status of Decision No. 521/PDT/2020/PT.DKI and how it impacts the legal protection of the parties. Statutory regulations and case studies are the normative legal methods used in this research. The discussion reveals that the lawsuit was rejected due to a lack of legal standing and formal defects, primarily due to the delayed registration of the marriage abroad. This situation demonstrates the dominance of a formal approach in judicial practice, which diminishes substantive justice. As a result, the civil rights of parties in mixed marriages are not adequately protected and legal uncertainty exists. Consequently, to provide fairer and more certain protection for each party, regulatory improvements and harmonization are needed.
Perbandingan Penyelesaian Sengketa Tata Usaha Negara Melalui PTUN dan Ombudsman Asti Anindya Khoerunisa; Tiara Kansa Anjar Pratiwi; Firman Khaidar Ahmad Dimyati; Aksa Maraditia
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.20676296

Abstract

This study aims to analyze the differences between the functions of the State Administrative Court (PTUN) and the Ombudsman in resolving State Administrative disputes, examine the scope of authority of both institutions, and assess their effectiveness in providing legal protection to the public. This research employs a normative legal research method using statutory, juridical, and conceptual approaches. The findings indicate that PTUN functions as a judicial institution that resolves State Administrative disputes through litigation mechanisms and issues legally binding and enforceable decisions. In contrast, the Ombudsman serves as a public service supervisory institution that focuses on preventing and addressing maladministration through non-litigation mechanisms, including complaint examination, investigation, mediation, and the issuance of recommendations. In terms of effectiveness, PTUN is more effective in ensuring legal certainty and annulling unlawful State Administrative Decisions, whereas the Ombudsman is more effective in addressing maladministration in public services due to its faster, simpler, and cost-free procedures. These findings demonstrate that both institutions play complementary roles in strengthening legal protection and promoting good governance in Indonesia.
Implementasi Pasal 95-105 UU Hak Cipta Terhadap Perlindungan Hak Ekonomi Konten Kreator Digital di Platform Youtube Pariwusiana Anwar; Aisyah Nurmala; Anaku Alana; Ikhwan Aulia Fadillah
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

Perkembangan pesat platform digital, khususnya YouTube, telah melahirkan konten kreator sebagai aktor penting dalam ekonomi kreatif berbasis digital. Namun, kemudahan reproduksi dan distribusi konten di ruang siber juga memunculkan berbagai bentuk pelanggaran hak cipta yang berdampak langsung terhadap hak ekonomi kreator. Penelitian ini bertujuan untuk menganalisis implementasi Pasal 95–105 Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta dalam memberikan perlindungan terhadap hak ekonomi konten kreator digital di platform YouTube. Metode yang digunakan adalah penelitian hukum normatif dengan pendekatan kepustakaan melalui analisis peraturan perundang-undangan, literatur hukum, dan sumber akademik terkait. Hasil penelitian menunjukkan bahwa meskipun kerangka hukum nasional telah mengatur mekanisme penyelesaian sengketa, ganti rugi, dan penegakan hukum terhadap pelanggaran hak cipta, implementasinya di ruang digital masih menghadapi berbagai kendala, seperti keterbatasan yurisdiksi lintas negara, anonimitas pelaku, serta ketergantungan pada kebijakan internal platform seperti Content ID. Selain itu, terdapat kesenjangan antara mekanisme hukum nasional dengan sistem otomatis platform yang berpotensi menimbulkan ketidakpastian hukum bagi kreator. Upaya perlindungan hak cipta perlu dilakukan melalui kombinasi strategi preventif dan represif, baik melalui instrumen hukum seperti gugatan perdata dan alternatif penyelesaian sengketa, maupun melalui pemanfaatan teknologi digital seperti sistem deteksi konten dan fitur takedown. Penelitian ini merekomendasikan perlunya harmonisasi antara regulasi nasional dan kebijakan platform digital, penguatan mekanisme penegakan hukum lintas yurisdiksi, serta peningkatan literasi hukum bagi konten kreator guna mewujudkan perlindungan hak ekonomi yang efektif dan berkelanjutan di era digital.
Analisis Yuridis Kebijakan TKDN terhadap Kepastian Hukum Penanaman Modal Asing di Sektor Teknologi di Indonesia Muhammad Alldo Hibahtillah; Sang Ayu Putu Rahayu; Duhita Driyah Suprapti
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.20657279

Abstract

Factually, the implementation of Local Content Requirements (LCR), known in Indonesia as the Domestic Component Level (TKDN), presents both opportunities and challenges in relation to foreign direct investment. This study aims to analyze the legal framework governing TKDN policies in Indonesia and to examine their impact on foreign investment. This research uses a qualitative method with a descriptive approach through the analysis of primary and secondary data. The results show that TKDN policy has been regulated through various laws and regulations, including Law Number 3 of 2014 concerning Industry and Government Regulation Number 29 of 2018. The policy aims to strengthen domestic industries, reduce dependence on imports, and encourage technology transfer. However, in practice, the implementation of TKDN still faces several obstacles, such as regulatory complexity, limited domestic industrial capacity, and increased production costs for foreign investors. Therefore, improvements in regulatory clarity, industrial capacity, and policy implementation are necessary to ensure that TKDN policies can be carried out effectively without reducing investment attractiveness .
Analisis Yuridis Gugatan Rekonvensi dalam Sengketa Wanprestasi Studi Kasus Putusan No. 34/Pdt. G/2025/PN Bdg Rakha Subandriyo; Abhinaya Ahmad Raharja; Daniel Ran Simamora; Dwi Desi Yayi Tarina
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.20373293

Abstract

This study seeks to examine the counterclaims, also known as reconvention, presented in a breach of contract case as outlined in Decision Number 34/Pdt.G/2025/PN.Bdg, with a focus on the legal grounds used, the court's reasoning, and the resulting legal outcomes within the context of a construction contract. This study employs a normative legal approach, focusing on the case method by examining court rulings, statutory laws, and related legal writings. The findings indicate that the counterclaim was submitted because the first-stage payment for work that had progressed to 30 percent completion was not fulfilled, even though the payment was made through a blank check. The court viewed the action as a breach of contract and ruled that the Plaintiff's suspension of work in the Reconvention was lawful under the terms of the agreement, resulting in a partial approval of the counterclaim. This study shows that recognizing progress in work can create important legal consequences that lead to the need for payment. However, court decisions often focus on formal proof from written documents, which might not take into account the quality of the work as a key part of fulfilling the contract. Therefore, the counterclaim in this case functions as a means of legal protection and also emphasizes the need to balance legal certainty with substantive justice when addressing disputes in construction contracts.
Professional Ethics of Advocates in Defending Corporations Involved in Corruption Crimes Yasinta Diva Negara
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.20684756

Abstract

Corruption is a crime that can be committed not only by individuals but also by corporations as legal entities. In law enforcement processes, corporations involved in corruption cases retain the right to obtain legal assistance from advocates. This study aims to analyze the role of advocates in defending corporations involved in corruption offenses and to examine the application of professional ethics in carrying out such responsibilities. The research employs a normative legal method through statutory and literature approaches. The findings indicate that advocates play an important role in protecting corporate legal rights and ensuring that judicial proceedings comply with the principle of due process of law. In performing their duties, advocates must uphold integrity, independence, professionalism, and accountability in accordance with the professional code of ethics. They also face various ethical dilemmas, particularly regarding conflicts of interest and the risk of obstruction of justice. Therefore, adherence to professional ethics is essential to maintain a balance between legal defense and anti-corruption efforts.
Corporate Criminal Liability for Workplace Accidents under Law Number 1 of 2023 Wiransyah Syatha
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.20505363

Abstract

Workplace accidents remain a serious issue in industrial relations in Indonesia, particularly in the implementation of occupational safety and health standards that result in losses for workers. In practice, workplace accidents do not only involve individual responsibility, but may also give rise to corporate criminal liability as a legal subject. The regulation of corporate criminal liability has been strengthened through Law Number 1 of 2023 concerning the Criminal Code, which explicitly recognizes corporations as subjects of criminal law. The legal issues examined in this study include the form of corporate criminal liability for workplace accidents based on the element of negligence and the application of the element of negligence to corporations under Law Number 1 of 2023. This study employs a normative juridical research method with statutory and conceptual approaches. The legal materials used consist of primary legal materials in the form of legislation related to criminal law and labor law, as well as secondary legal materials including literature, scientific journals, and relevant legal doctrines. The analysis was conducted qualitatively to examine the concept of negligence and the construction of corporate criminal liability in workplace accident cases.

Page 92 of 93 | Total Record : 924

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