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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
 93   94   95   96   97 
Analisis Yuridis Tindak Pidana Illegal Logging di Kawasan Hutan Sumatera Barat: Tinjauan Pengaturan Hukum Pidana Berdasarkan Undang-Undang Nomor 18 Tahun 2013 Tentang Pencegahan dan Pemberantasan Perusakan Hutan Rahmad Sriyadi; 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 | DOI: 10.5281/zenodo.20772085

Abstract

Illegal logging is a forest crime that causes severe damage to Indonesia’s forest ecosystems. Its impact is particularly evident in the forests of West Sumatra. This research aims to examine the criminal law provisions applicable to perpetrators of illegal logging. The study is based on Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, which is also related to Law Number 41 of 1999 concerning Forestry.This research employs a normative juridical method. The approaches used include the statutory approach and the case approach. Legal data were collected through library research, encompassing legislation, court decisions, and relevant legal literature. The findings indicate that the criminal provisions governing illegal logging under Law Number 18 of 2013 are more comprehensive than those contained in previous regulations. The law provides for stricter criminal sanctions, regulates corporate liability, and establishes mechanisms for environmental restoration. However, the implementation of these provisions in the forests of West Sumatra continues to face various challenges, both in terms of regulatory substance and law enforcement.This study concludes that regulatory adjustments and the strengthening of law enforcement institutions are necessary to improve the effectiveness and sustainability of efforts to combat illegal logging
Bank Compliance with POJK in Drafting Credit Agreements: A Normative Analysis of Decision Number 30/Pdt.G/2025/PN Pdg Muhammad Albar Yudistyo; Nurloise Viano; Alfarel Endito Putra
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.20780292

Abstract

This study aims to analyze the legality of repossessing fiduciary collateral by financing companies through debt collectors following the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 and to examine whether the imposition of repossession fees, penalties, and fines in consumer financing agreements is in accordance with consumer protection principles and regulations issued by the Financial Services Authority (Otoritas Jasa Keuangan). This research employs a normative legal research method using statutory and case approaches. The statutory approach analyzes legal regulations related to fiduciary guarantees, consumer protection, and financing companies, while the case approach examines the legal considerations contained in Decision of the Padang District Court Number 30/Pdt.G/2025/PN Pdg. The results indicate that following the Constitutional Court decision, the execution of fiduciary collateral cannot be conducted unilaterally by creditors without the debtor’s acknowledgment of default or without a court ruling. Furthermore, the imposition of repossession fees, penalties, and fines in financing agreements is permissible only if it is carried out transparently, proportionally, and in accordance with consumer protection principles and applicable financial regulations.
Legalitas Keanggotaan Indonesia dalam Board of Peace Menurut Hukum Nasional Arga Dewa Ardana; Muhammad Alizza Fiddien; Muhammad Fazli Rabbani Ramadhan
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.21127401

Abstract

Indonesia’s participation in international peace institutions has long been a cornerstone of its foreign policy, rooted in the constitutional mandate of Article 1 Paragraph 4 of the 1945 Constitution, which calls for active contribution to world peace based on independence and social justice. The emergence of the Board of Peace as an international institution focused on conflict resolution and peacebuilding raises significant questions regarding the legal basis, scope, and implications of Indonesia’s membership under national law. This study aims to analyze the legality of Indonesia’s membership in the Board of Peace, examine the applicable national legal framework governing international institutional participation, and formulate a normative understanding of how such membership aligns or conflicts with existing Indonesian law. This study employs a normative legal research method utilizing a statutory and conceptual approach. The results indicate that while Indonesia’s constitution and international treaty law provide a general basis for participation in international organizations, specific legislative frameworks governing membership conditions, obligations, and accountability mechanisms remain underdeveloped. 
Akibat Hukum Pembatalan Perkawinan terhadap Hak-Hak Anak yang Lahir Sebelum Perkawinan Dibatalkan: Analisis Kasus Jessica Iskandar dan Ludwig Franz Willibald Citranti Hanifah Dewani; Farsya Dalila Alamsyah; Ilaria Sekar Ailsa; Leon L
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.20991755

Abstract

Marriage annulment is a legal remedy that declares a marriage to be legally flawed from the outset. This study examines the judge's legal considerations in Decision Number 586/Pdt.G/2014/PN.Jkt.Sel regarding the annulment of the marriage between Jessica Iskandar and Ludwig Franz Willibald, as well as its legal consequences for the rights of children born from the marriage. The method used is normative legal research with a case approach and a statute approach. The results of the study indicate that the judge granted the annulment of the marriage because the marriage documents were proven to be invalid, including a certificate of blessing that was not recognized by the True Jesus Church and the identity of the pastor who could not be verified. However, based on Article 28 paragraph (2) letter a of Law Number 1 of 1974 concerning Marriage, the annulment decision does not apply retroactively to children. Children born from an annulled marriage remain legitimate children, have a civil relationship with both parents, and are entitled to support, care, education, and inheritance. This research confirms that the principle of the best interests of the child must always be prioritized in all marriage annulment cases.
International Chamber of Commerce (ICC) Sebagai Alternatif Penyelesaian Sengketa Bisnis Internasional Chika Ardellia Khanza; Cyrill Milanesta Hisyam; Kaia Azahra Putri Aimar; Safa Aqila Ilzan; Tasfiyah Azzahra
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.20808815

Abstract

The rapid growth of international trade has increased the possibility of cross-border business disputes. Differences in legal systems and jurisdictions often make dispute resolution through national courts less effective. As a result, international arbitration has developed as a more flexible and efficient alternative dispute resolution mechanism. One of the most widely used institutions is the International Chamber of Commerce (ICC) through the ICC International Court of Arbitration. This study aims to analyze the role of the ICC in resolving international business disputes and to examine the mechanism and effectiveness of ICC Arbitration as an alternative dispute resolution method outside the court system. This research employs a normative legal research method using statutory and conceptual approaches. The findings show that the ICC plays an important role in providing a neutral and professional dispute resolution forum. Furthermore, ICC Arbitration offers several advantages, including procedural flexibility, confidentiality, and the ease of enforcing arbitral awards through the 1958 New York Convention
Perlindungan Hukum Bagi Pemilik Saham Dalam Proses Konversi Saham Warkat Ke Saham Tanpa Warkat (Scripless) di Indonesia (Studi Putusan Mahkamah Agung No. 1562 K/PID/2013) Dara Aulia Yuman; Arta Nanda Kamila; Kayana Deeva Canthiqa
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.20725930

Abstract

The transition from certificated shares to scripless trading in Indonesia's securities market has introduced new legal vulnerabilities in the conversion process. This study analyzes the legal framework of share conversion and the forms of legal protection available to shareholders based on Supreme Court Decision Number 1562 K/PID/2013. Using a normative juridical method, the findings reveal that the primary legal risk lies in the transitional phase, particularly involving bearer shares transferred through unmonitored third parties. Legal protection for shareholders is multidimensional, covering criminal liability under Article 372 of the Criminal Code, civil redress under Article 1365 of the Civil Code, and administrative enforcement through the OJK.
Problematika Pengaturan Sanksi dan Besaran Dana Corporate Social Responsibility di Indonesia Dwi Adhi Setiawan; Muh Jufri Ahmad
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.21027921

Abstract

 Corporate Social Responsibility (CSR) is a legal obligation for companies that operate in natural resources, as regulated in Article 74 of Law No. 40 of 2007 concerning Limited Liability Companies. However, CSR regulations still face various normative issues, especially related to the absence of provisions that clearly set the required funding amount and the lack of clarity on sanctions for companies that fail to carry out these obligations. This study aims to analyze the urgency of regulating sanctions and funding provisions in CSR implementation as an effort to strengthen the success of its implementation in Indonesia. The research method used is normative legal research with a statutory approach and a conceptual approach. The research results show that the use of the phrase “appropriateness and fairness” in CSR regulations creates normative ambiguity, which leads to legal uncertainty and differences in CSR implementation among companies. In addition, the unclear form and mechanism of sanctions cause CSR obligations to lose their enforceability, potentially making CSR an ineffective legal norm. Based on the theory of certainty, Adam Smith’s theory of justice, and Hans Kelsen’s theory of sanctions, legal reform is needed through the establishment of a measurable minimal standard for CSR funds and clear, firm sanction regulations
Legitimasi Pengaturan PPN Atas Lpg 3 Kilogram dalam PMK Nomor 62/Pmk.03/2022: Antara Delegasi Kewenangan, Distorsi Subsidi, dan Jaminan Kepastian Hukum 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.20896736

Abstract

This study analyzes the conformity of the Value Added Tax (VAT) regulation on certain Liquefied Petroleum Gas (LPG), particularly 3-kilogram LPG cylinders, as stipulated in the Minister of Finance Regulation Number 62/PMK.03/2022. The issue is examined not merely as a conflict between a ministerial regulation and higher-ranking legal norms, but rather as a matter concerning the limits of delegated regulatory authority, the coherence between fiscal and subsidy policies, and the protection of legal certainty for business actors and consumers. This research employs a normative legal research method using both statutory and conceptual approaches. The findings indicate that the status of 3-kilogram LPG cylinders as an essential commodity under trade and energy policies does not automatically qualify them for specific VAT facilities. Minister of Finance Regulation Number 62/PMK.03/2022 formally derives its legal basis from Article 16G of the VAT Law and distinguishes the imposition of VAT on the portion of the price subsidized by the government from the portion that is not subsidized. Accordingly, any judicial review of the regulation should focus on the appropriateness of the scope of delegated authority, the clarity of the calculation formula, and the transparency of price allocation, rather than on the assumption that every subsidized commodity is automatically exempt from VAT
Implementasi Akad Murabahah pada Produk Pembiayaan BSI KCP Bangkalan dalam Perspektif Hukum Ekonomi Syariah Ahmad Sirojudin Wildan; Moh. Karim
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.20781669

Abstract

One of the most widely used financing products in Islamic financial institutions is financing based on the murabahah contract. The murabahah contract is a sale and purchase transaction in which the seller states the cost of goods and a profit margin agreed upon with the buyer. This study aims to understand the basic concept of the murabahah contract, its legal basis, and its implementation mechanism. The murabahah contract is a sale and purchase contract that is permitted in Islam as long as it meets the pillars and conditions stipulated in the law of muamalah. Islamic financial institutions act as parties that purchase goods from suppliers and then resell them to customers with an additional agreed profit margin. In its implementation, murabahah financing also has various potential risks, so it is necessary to implement effective risk management so that financing can run safely and in accordance with Islamic principles.
Akibat Hukum Penetapan Tanah Terlantar Terhadap Keberlakuan Hak Tanggungan Sebagai Jaminan Kebendaan Bagi Kreditur Silva Fransisca Utami; 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

Abstract

Indonesia’s participation in international peace institutions has long been a cornerstone of its foreign policy, rooted in the constitutional mandate of Article 1 Paragraph 4 of the 1945 Constitution, which calls for active contribution to world peace based on independence and social justice. The emergence of the Board of Peace as an international institution focused on conflict resolution and peacebuilding raises significant questions regarding the legal basis, scope, and implications of Indonesia’s membership under national law. This study aims to analyze the legality of Indonesia’s membership in the Board of Peace, examine the applicable national legal framework governing international institutional participation, and formulate a normative understanding of how such membership aligns or conflicts with existing Indonesian law. This study employs a normative legal research method utilizing a statutory and conceptual approach. The results indicate that while Indonesia’s constitution and international treaty law provide a general basis for participation in international organizations, specific legislative frameworks governing membership conditions, obligations, and accountability mechanisms remain underdeveloped.

Page 95 of 101 | Total Record : 1002

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