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Penerbit Yayasan Daarul Huda
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INDONESIA
Media Hukum Indonesia (MHI)
ISSN : -     EISSN : 30326591     DOI : https://doi.org/10.5281/zenodo.10995150
Core Subject : Social,
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.
Articles 1,002 Documents
Implikasi Kebijakan TKDN terhadap Minat dan Kinerja Emiten Asing di Sektor Teknologi dalam Pasar Modal 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.20657977

Abstract

Factually, the implementation of the Domestic Component Level (TKDN) policy in Indonesia creates various implications for foreign technology issuers in the Indonesian capital market, both as an opportunity and a challenge. This study aims to analyze the legal framework governing TKDN policies and examine their implications for the interest and performance of foreign issuers in the technology sector within the Indonesian capital market. This research employs a normative juridical method with statutory and conceptual approaches through the analysis of primary and secondary legal materials. The results indicate that TKDN policy has been regulated through several laws and regulations, including Law Number 3 of 2014 concerning Industry and various ministerial regulations related to domestic component requirements in the technology sector. The policy is intended to strengthen domestic industries, encourage technology transfer, and increase the competitiveness of local products. However, in practice, the implementation of TKDN policies may influence the attractiveness of Indonesia’s capital market for foreign technology issuers due to regulatory complexity, compliance costs, and limitations in domestic industrial capacity.
Comparison of Contract Theory in Sharia Economic Law and Agreements in the Civil Code Bayu Saputra; Muhammad Harry Syahputra; Rafa Junita Artati
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.20373838

Abstract

This study describes the comparison of contract theory in sharia economic law with agreements in the Civil Code as two legal instruments that both function to regulate legal relations between parties, but have different normative bases. This research uses normative legal research methods through a comparative approach to primary, secondary, and tertiary legal sources which include the Civil Code, the Compilation of Sharia Economic Law (KHES), the Qur'an, Hadith, and a number of related legal references. The findings of the study show that agreements in civil law are based on the principles of freedom of contract, consent, and legal certainty, while contracts in sharia economic law not only require the agreement of the parties, but also require obedience to sharia principles in the form of justice, openness, honesty, and prohibition of usury, unclear transactions, and speculation. In addition, the contract contains moral and religious dimensions that are not expressly found in civil agreements. Other differences can be seen in legal resources, binding power, legal objectives, and risk management when the implementation takes place. Based on these results, it can be concluded that harmonization between the Civil Code and KHES is needed to avoid normative clashes while realizing certainty and legal justice in modern economic practices in Indonesia.
Perlindungan Hak Milik Warga Negara Indonesia dalam Perkawinan Campuran: Analisis Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015 Ferdonictus Bernando Aloisius Sijabat; Muhammad Mikael Dirgantoro; Muhammad Azka Haidar Aslam
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.20685328

Abstract

This article analyzes Constitutional Court Decision Number 69/PUU-XIII/2015, which addressed the inconsistency between the community property regime under Law Number 1 of 1974 on Marriage and the nationality principle embodied in the Basic Agrarian Law. The case brought by Ike Farida, an Indonesian citizen married to a foreign national, revealed that the absence of a prenuptial agreement indirectly restricted her property ownership rights. Employing a normative juridical research method and a case approach, this study examines the Court’s legal reasoning, the ruling itself, and the conceptual implications of extending the validity of marital agreements to include postnuptial agreements within the Indonesian legal system. The decision is regarded as a progressive form of judge-made law while simultaneously highlighting the need for regulatory harmonization among family law, agrarian law, and private international law.
Analisis Yuridis Perlindungan Konsumen terhadap Praktik Pinjaman Online Ilegal di Indonesia Yogi Tri Cahyo; Hasanuddin Hasim
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

The development of information technology has encouraged the emergence of online lending services as part of digital financial innovation. While these services provide easier access to financing, the proliferation of illegal online lending platforms has created various problems, including unlicensed operations, unreasonable interest rates, misuse of personal data, and debt collection practices involving threats and intimidation. This situation highlights the importance of legal protection for the public as consumers. This study aims to analyze legal protection for victims of illegal online lending, the obstacles to law enforcement, and the solutions to address these issues. The research employs a normative juridical method using statutory, conceptual, and case approaches through a literature review. The findings indicate that Indonesia has established regulations concerning consumer protection, electronic transactions, personal data protection, and the supervision of digital financial services. However, their implementation remains suboptimal due to weak regulatory oversight, low public literacy, and the rapid evolution of illegal online lending schemes. These practices also contradict the principles of legal certainty, justice, and balance. The study concludes that efforts to combat illegal online lending should be carried out through preventive measures, such as public education and expanding access to legitimate financing services, as well as repressive measures through firm law enforcement against perpetrators.
Efektivitas Mediasi Sebagai Alternatif Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama Kota Palu Kelas 1A Muh Jamal S Latimumu; Adin A; Ferdi Suko; Galuh Widyawati
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.20842812

Abstract

This study aims to analyze the effectiveness of mediation as an alternative for resolving sharia economic disputes in the Palu City Religious Court and to assess its compliance with PERMA Number 1 of 2016. This study uses a qualitative approach with a descriptive design and is included in the type of empirical legal research. Data were obtained through interviews, observations, and documentation, with primary data sources coming from mediator judges, court clerks, and parties who have been involved in mediation. The data analysis technique used descriptive qualitative analysis with source triangulation techniques to test the validity of the data. The results of the study indicate that the implementation of sharia economic dispute mediation in the Palu City Religious Court has generally complied with the provisions of PERMA Number 1 of 2016, both at the pre-mediation stage, the mediation process, and reporting the mediation results. The mediators also have the competence to handle sharia economic disputes as regulated in Article 13 paragraph (1) of PERMA Number 1 of 2016. However, the effectiveness of mediation is still considered less than optimal because during the 2020–2026 period there were no sharia economic dispute cases that were successfully resolved through mediation, even though there were 14 cases submitted, consisting of 8 simple lawsuits and 6 non-simple lawsuits.
Analisis Yuridis Daluwarsa Hak Waris atas Tanah dalam Perspektif Hukum Perdata Indonesia Clarissa Gunawan; Elisabeth Julietha Roulina; Nayna Carissa Putri Ariefandi; 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.20834346

Abstract

: This study examines the expiration of inheritance rights over land within Indonesian civil law, where disputes often arise due to delays by heirs in asserting their rights while the land is controlled by other parties for a long period. This research aims to analyze the regulation of prescription and its application in judicial practice, particularly in Putusan Mahkamah Agung No. 6581 K/Pdt/2024. The study uses a normative juridical method with statutory and case approaches, supported by legal literature. The results show that prescription, as regulated in Article 1967 of the Indonesian Civil Code, serves as a legal mechanism to limit the time for filing claims in order to ensure legal certainty. In the examined case, the court rejected the heirs’ claim because the right to sue had expired due to prolonged control of the land by another party and the absence of legal action by the heirs. It is concluded that the application of prescription tends to prioritize legal certainty over the protection of inheritance rights, which may reduce the substantive rights of heirs
Analisis Penerapan Pajak Penghasilan Pasal 26 Terhadap Wajib Pajak Luar Negeri di Indonesia Longgom Nauli Sihombing; Raihansyah Azdi Bintang; Tri Purnama Sari
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.20783259

Abstract

Income Tax Article 26 (PPh Article 26) is a tax instrument that regulates the taxation of income received or earned by foreign taxpayers (FTPs) from sources within Indonesia. This study aims to analyze the implementation of PPh Article 26 on foreign taxpayers in Indonesia from juridical and administrative perspectives, as well as the various challenges that arise in international taxation practices. The method used is normative legal research with a descriptive-analytical approach through a literature review of laws and regulations, academic literature, and various journals related to international taxation. The results indicate that PPh Article 26 has a strong legal basis under Law Number 36 of 2008 concerning Income Tax and is implemented through a mechanism of withholding, remittance, and reporting by domestic parties acting as tax withholders. However, its implementation still faces several challenges, including difficulties in determining taxpayer status, limited understanding of international tax regulations among taxpayers and withholding agents, administrative obstacles in utilizing Double Taxation Avoidance Agreements (DTAAs), and the potential for tax avoidance practices in cross-border transactions. To optimize the implementation of PPh Article 26, it is necessary to enhance tax socialization and education, strengthen technology-based tax administration systems, and improve international cooperation in tax information exchange. 
Analisis Yuridis Pembuatan Perjanjian Baku Dalam Perjanjian Kredit Perbankan Berdasarkan Seojk No. 13/SEOJK.07/2014 (Studi Kasus Putusan No. 888/Pdt.G/2023/PN Jkt.Sel) Timothy Putra Natama Parulian Siregar; Mahmud Aqil; Muhammad Fairuz; Natanael Robona Asimi Siagian; 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.21099265

Abstract

Banking credit agreements are generally drafted in the form of standard contracts (perjanjian baku) unilaterally determined by banks as financial service providers. This practice creates an imbalance in bargaining power between creditors and debtors that potentially prejudices consumer interests. In Decision No. 888/Pdt.G/2023/PN Jkt.Sel, the Plaintiff argued the existence of standard clauses that violated consumer protection provisions and sought annulment of the credit agreement along with all its accessory agreements. This article analyzes the conformity of standard contract drafting in banking credit with SEOJK No. 13/SEOJK.07/2014, specifically regarding the principle of balance, prohibition on certain clauses, transparency aspects, and the format of standard agreements. This research employs a normative juridical method with statutory, case, and conceptual approaches. The analysis reveals that the credit agreement in question constitutes a standard contract within the meaning of SEOJK No. 13/SEOJK.07/2014. Clauses granting the bank unilateral authority to establish new provisions potentially violate the principle of balance and standard clause prohibitions. However, alleged clause violations do not automatically nullify the entire agreement but only affect the enforceability of the specific clause concerned. This decision also affirms the importance of jurisdictional competence in banking disputes, demonstrating that dispute resolution is determined not only by clause substance but also by procedural aspects and the agreed forum for dispute resolution.
Peran Pemerintah Desa Bendosewu dalam Pengelolaan Badan Usaha Milik Desa (Bumdes) di Desa Bendosewu Kec. Talun Kab. Blitar Irma Dhatul Aulia; Deby Febrian Eprilianto; Galih Wahyu Pradana; Melda Fadiyah Hidayat
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.20923447

Abstract

This research is motivated by the gap between normative conditions and the reality of BUMDes Sewu Siji management. The purpose of this study is to describe the role of the Bendosewu Village Government in managing BUMDes Sewu Siji. This research employs a descriptive qualitative approach with data collection through interviews, observation, and documentation. Data analysis uses the interactive model by Miles, Huberman, and Saldana with the role theory framework from John M. Ivancevich, Robert dan Michael T. Matteson (1990) which divides roles into three dimensions: Expected Role, Perceived Role, and Role Played. The results show that in the Expected Role dimension, the normative role is fairly well defined, although there is a weakness in defining the role of the Village Secretary which becomes the root of role ambiguity. In the Perceived Role dimension, variations in understanding among actors were found; the Village Head as the central actor, while the Village Secretary, BPD, and Village Treasurer perceive their roles as limited. In the Role Played dimension, four role problems were identified: role gap, role ambiguity, role underload, and role conflict. This study also found a discrepancy between official BUMDes Clinic data and field facts, where BUMDes Sewu Siji has had a legal entity, RPK, and annual reports although not officially recorded. This study concludes that the role of the Bendosewu Village Government is not yet optimal due to misalignments between normative expectations, perceptions, and actual practices which give rise to role dysfunctions. This condition leads to the dominance of the Village Head's role and suboptimal utilization of other village apparatuses' potential.
Peran Majelis Ta'lim dalam Meningkatkan Keharmonisan Rumah Tangga (Studi Kasus di Asrama Lingkungan Hidup Kelurahan Semper Barat, Cilincing, Jakarta Utara) Nakhar Faanji Ma'ruf; Muslihun 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.20790705

Abstract

This study examines the role of Majelis Ta'lim in improving household harmony at the Environmental Dormitory (Asrama Lingkungan Hidup) in Semper Barat Village, Cilincing, North Jakarta. A qualitative approach with a case study method was employed. Data were gathered through in-depth interviews, participatory observation, and documentation. The findings reveal that Majelis Ta'lim plays a significant role across three main dimensions: first, enhancing the religious understanding of family members; second, strengthening communication between spouses and across generations; and third, building a solid social support network within the dormitory community. Activities such as classical text recitation (kitab kuning), parenting seminars, interactive discussions, and social service events concretely contribute to creating a more harmonious household atmosphere. Key supporting factors include community leader support, active member participation, and local government involvement. Measurable impacts include: 85% of respondents reporting better family relationships, 80% experiencing improved communication quality, and only 5% of active families experiencing divorce compared to 15% of inactive families (LSI, 2023).

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