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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 1,002 Documents
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Pertanggungjawaban Hukum Perdata Terhadap Kerugian Konsumen Akibat Penggunaan Artificial Intelligence dalam Perspektif Hukum Positif Indonesia Nina Rahmadania Yoki; Dinda Dinanti
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.20703666

Abstract

The development of Artificial Intelligence (AI) technology has brought significant changes to various sectors of society, including e-commerce, financial services, healthcare, and digital services. The use of AI offers various conveniences that improve the efficiency and quality of services. However, despite these benefits, AI also has the potential to cause harm to consumers, such as errors in system decision-making, personal data leaks, and system failures resulting in material and immaterial losses. Legal issues arise because Indonesia currently lacks specific regulations comprehensively governing liability for losses caused by AI. This study aims to analyze the forms of civil legal liability for consumer losses resulting from the use of Artificial Intelligence and examine the forms of legal protection available under Indonesian positive law. This study uses a normative legal research method with both statutory and conceptual approaches. The results indicate that AI cannot yet be categorized as a legal subject, so liability remains with those who develop, operate, or utilize the technology. The basis for this liability can be found in the provisions of the Civil Code and the Personal Data Protection Law.
Problematika Pasal 5 dan Pasal 6 Undang-Undang Ketenagakerjaan terhadap Rekrutmen Berbasis Gaya Hidup Ardhani Ahimsha Maulidan; Mega Dewi Ambarwati
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.21203135

Abstract

Articles 5 and 6 of Law Number 13 of 2003 on Manpower guarantee equal opportunities to obtain employment and equal treatment without discrimination. Nevertheless, recruitment practices continue to impose requirements relating to applicants' lifestyle status, including smoking habits, tattoos, and other personal characteristics that are not necessarily relevant to the performance of the job. This raises concerns regarding the adequacy of these provisions as a normative basis for distinguishing between lawful recruitment requirements and discriminatory ones. This normative legal research employs statutory, conceptual, and analytical approaches, drawing upon legislation, legal literature, and scholarly journals as its legal sources. The findings indicate that Articles 5 and 6 do not provide sufficient legal parameters for assessing the validity of recruitment requirements based on applicants' lifestyle status. Accordingly, such assessments should be guided by the principles of relevance and proportionality to ensure the effective protection of the principle of non-discrimination.
Tanggung Gugat Penyelenggara Pinjaman Online atas Penyebaran Data Pribadi Pengguna Pada Aplikasi Rupiah Cepat Dede Samudra Tantoro; Rosalinda Elsina Latumahina
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.21025419

Abstract

Rapid digitalization in Indonesia has contributed to a surge in online lending services, but on the other hand, it poses serious threats to the protection of users' personal data. The purpose of this study is to evaluate the extent of legal protection provided to Rupiah Cepat app users regarding the management of their personal data. Indonesia has a legal framework in the form of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) and Financial Services Authority Regulation Number 10/POJK.05/2022, but its implementation remains weak because an independent supervisory body has not yet been established and implementing regulations are still being finalized. Meanwhile, Rupiah Cepat, a lending app with 10 million users, has been found to have committed several violations, ranging from excessive data collection and non-transparent consent clauses to the data leak of 1.2 million users in 2024. The practice of debt shaming, which involves the dissemination of personal data to users' family contacts, has even caused serious psychological impacts. The method used is normative law, focusing on legislative analysis and case studies to identify gaps between applicable legal regulations and actual practices. The research is expected to provide concrete recommendations and strengthen consumer complaint mechanisms. Thus, this research contributes to advancing a safe, inclusive, and responsible digital financial ecosystem for Indonesian citizens.
Analisis Yuridis Gugatan Perbuatan Melawan Hukum atas Anomali Sistem Elektronik Perbankan (Studi Putusan MA Nomor 1281 K/Pdt/2017) Theodore Christian Nathanael Nababan; Taufiqur Rahman Andi Fitra
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.20834598

Abstract

The provision of bank credit to the public is a strategic activity that contributes significantly to national economic growth; however, it entails substantial legal complexities in practice. This study aims to analyze the civil law aspects of credit allocation, including the validity of credit agreements, the prudential principle, the role of collateral, and dispute resolution arising from default. A normative legal research methodology was employed to examine legal documents, statutory regulations, and academic literature related to banking practices. The findings reveal that the use of standard form contracts often places debtors in a weaker bargaining position, creating a potential for legal imbalance. Furthermore, the application of the prudential principle and the execution of collateral remain inconsistent, thereby increasing the risk of non-performing loans. These findings underscore the need to strengthen regulations governing credit agreements and enhance legal literacy among debtors to ensure a fair and balanced creditor-debtor relationship within Indonesia’s civil law framework.
Perceraian Sepihak oleh Suami Tanpa Sepengetahuan Istri dalam Perspektif Hukum Acara Peradilan Agama Nurmala Dewi; Lia Ramadani; Nessy Pradinata; Jefri Buchori; Muhammad Guntur
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

This study aims to examine the legal standing of unilateral divorce initiated by a husband without the wife's knowledge within the context of religious court procedural law in Indonesia. The background of this study is a recurring societal phenomenon where husbands pronounce talaq (repudiation) outside the court or conceal the divorce process from their wives with the intention of remarrying. This research employs a normative juridical approach with qualitative data derived from secondary sources, including statutory regulations, court decisions, the Compilation of Islamic Law (KHI), and Islamic family law literature. Data were analyzed using descriptive-qualitative methods. The results indicate that a divorce conducted by a husband without his wife's knowledge and without going through a religious court session is legally invalid under Indonesian positive law. A husband who divorces his wife outside the court to remarry may face sanctions, including the rejection of a new marriage registration, a lawsuit for marriage annulment, and claims for the rights of the wife and children. Legal protection for wives in religious court procedural law is both preventive and repressive, implemented through mechanisms of summons, mediation, and fair, open court proceedings.
Dinamika Politik Hukum dalam Peradilan Islam: Tantangan Implementasi Keadilan Substantif di Era Modern Abdul Aziz Anwar; Kurniati Kurniati; Zulhas’ari Mustafa
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.21122436

Abstract

The modern era brings new complexities to the world of justice, thus facing new challenges that tend to be positivistic. In this case, substantive justice prioritizes the content and value of truth over the procedures of legal texts. This study aims to analyze and identify challenges in its implementation in the modern era. The form of substantive justice in this study is understood as the judge's effort to penetrate the rigidity of legal texts in order to achieve material truth and real benefits. Using normative legal research methods, the results show that the implementation of substantive justice faces significant challenges in the form of the dominance of judicial bureaucratic standardization, as well as limitations in the integrity and courage of judges' ijtihad. In the digital and globalized era, these challenges are further complicated by the emergence of new disputes that have not been explicitly accommodated in formal regulations. This study concludes that strengthening the intellectual and moral capacity of judges, as well as reorienting legal education beyond text-based to values-based, are key to ensuring that the judiciary produces decisions not only with legal certainty but also decisions that foster a sense of justice in society and protect rights, thus becoming solutions for justice and the benefit of the people.
Kriminalisasi Nelayan Tradisional dalam Perspektif Human Security: Studi Kasus Perbatasan Maritim Indonesia–Malaysia di Selat Malaka Sepgia Tonglo
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.20932139

Abstract

The criminalization of traditional fishermen in the Indonesia–Malaysia maritime border region is an issue that highlights the tension between asserting national sovereignty and protecting coastal communities. Traditional fishermen who cross maritime boundaries are often categorized as engaging in illegal fishing and face various legal consequences, even though such violations frequently result from limited navigation technology, a lack of understanding of maritime boundaries, and economic pressures. This study aims to analyze the phenomenon of the criminalization of traditional fishermen in the Malacca Strait using a human security perspective. The method employed is descriptive qualitative research using a literature review approach, involving the collection of secondary data from scientific journals, official documents, reports from international institutions, and relevant legal sources. The results indicate that the criminalization of traditional fishermen is influenced by unclear maritime boundaries, limited access to navigation technology, vulnerable economic conditions, and suboptimal legal protection mechanisms for cross-border fishermen. From a human security perspective, this phenomenon is not only related to legal and national security aspects but also impacts economic security, individual security, and the security of coastal communities. Therefore, an approach more oriented toward human security is needed through enhanced bilateral cooperation between Indonesia and Malaysia, the provision of adequate navigation technology, public awareness campaigns regarding maritime boundaries, and the strengthening of legal assistance for traditional fishermen. In this way, maritime border management can be carried out more fairly and humanely without neglecting national sovereignty interests
Perlindungan Hukum bagi Kreditur atas Gagal Bayar pada Perjanjian Pinjaman Modal Proyek Perumahan: Studi Kasus Putusan Nomor 69/Pdt.G/2025/PN.Jkt.Sel Risa Dewi Oktaviani; Alitha Dzakiah Albar; Safina Alia Rameyza; 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.20791551

Abstract

Investment in the property sector, particularly in housing projects, is characterized by high capital requirements and significant risks of default. This research aims to analyze the forms of legal protection available to creditors as the aggrieved party in capital loan agreements and to examine the judicial considerations in Decision Number 69/Pdt.G/2025/PN.Jkt.Sel regarding the fulfillment of creditors' rights. The research methodology employed is normative juridical, using a statutory approach and a case approach. Data sources were derived from secondary data, encompassing primary legal materials such as legislation and court decisions, as well as secondary legal materials, including legal literature. The results indicate that legal protection for creditors is categorized into two forms: preventive protection through the drafting of rigorous contractual clauses and the binding of collateral, and repressive protection through breach of contract (wanprestasi) lawsuits to demand compensation or the execution of collateral. In Decision Number 69/Pdt.G/2025/PN.Jkt.Sel, the court affirmed that the debtor’s failure to adhere to the payment schedule in the housing project constitutes a breach of contract, granting the creditor the right to recover the principal capital along with interest and penalties as agreed. 
Kebijakan Rezim Taliban terhadap Perempuan Afghanistan dalam Perspektif Etika dan Hukum Internasional Syakira Nazla Rifat Junaedi
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.20710542

Abstract

This study aims to analyze the Taliban regime's policies toward Afghan women from the perspectives of ethics and international law. The research employs a normative legal method using statutory, conceptual, and case approaches. The findings show that Taliban policies restricting women's access to education, employment, freedom of movement, and public participation are inconsistent with ethical theories, particularly social morality, virtue ethics, utilitarianism, and deontology. Furthermore, these policies are contrary to international legal standards, especially the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which Afghanistan has ratified. Therefore, the Taliban's policies toward Afghan women may be regarded as a form of discrimination that violates the principles of equality, non-discrimination, and human rights protection.
Pertanggungjawaban Transportasi Daring Atas Pelayanan Konsumen dalam Prinsip Keadilan Benedictus Klaus Brandon Arya Setya; Made Warka
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.21026950

Abstract

The liability of online transportation platform providers in Indonesia still raises uncertainty, particularly in determining who is responsible when consumers suffer losses. In practice, platforms often include limitation of liability clauses in standard agreements, which may weaken consumer protection and create legal uncertainty. This study aims to analyze the legal responsibility of online transportation platforms toward consumers and to examine the application of the principle of justice in the distribution of responsibility. This research uses a normative legal method with statute and conceptual approaches. The results show that platform providers cannot fully avoid responsibility, as they have control over the system and benefit from each transaction. Furthermore, limitation of liability clauses may conflict with consumer protection regulations. Therefore, clearer regulations are needed to ensure legal certainty and fairness for consumers.

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