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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 Korban Penyalahgunaan Artificial Intelligence (AI) dan Deepfake di Indonesia Juniartha Gladys Naomi Magdalena Gultom
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.21000606

Abstract

The rapid advancement of Artificial Intelligence (AI) has significantly transformed various aspects of human life, including education, healthcare, business, and digital communication. However, alongside its numerous benefits, AI has also created new legal challenges, particularly through the misuse of deepfake technology. Deepfake technology enables the creation of highly realistic fake images, videos, and audio recordings that can be exploited for fraud, identity theft, defamation, privacy violations, and other unlawful acts, causing both material and immaterial losses to victims. This study aims to analyze the forms of civil liability arising from the misuse of Artificial Intelligence and deepfake technology in Indonesia, as well as to evaluate the effectiveness of the existing legal framework in providing civil legal protection for victims. This research employs a normative legal research method using statutory and conceptual approaches. The study examines relevant legal provisions, including the Indonesian Civil Code, the Personal Data Protection Law, and the Electronic Information and Transactions Law, supported by recent legal literature and scholarly journals. The findings indicate that the misuse of AI and deepfake technology may constitute an unlawful act under Article 1365 of the Indonesian Civil Code when the elements of an unlawful act, fault, damage, and causation are fulfilled. Victims are therefore entitled to seek compensation for both material and immaterial damages through civil litigation. Nevertheless, the current legal framework has not specifically regulated civil liability concerning Artificial Intelligence, resulting in legal uncertainty regarding the responsibilities of AI developers, digital platform providers, and technology users. 
Perbandingan Hukum Perkawinan Nasional dan Hukum Adat Merariq di Lombok: Antara Legalitas dan Legitimasi Sosial Achmad Dirham Ghozali Boer; Putri Aulia Zahra Qurbany; Salomo Mharon Jhonatan Gultom; 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.20817954

Abstract

One customary practice that continues to exist is the merariq tradition in Lombok, West Nusa Tenggara, which regards marriage as a form of social legitimacy achieved through the process of a man “eloping” with a woman. This study aims to analyze the comparison between national marriage law as regulated under Law Number 16 of 2019 and the customary practice of merariq, as well as to examine the potential conflicts of norms arising between them. The research employs a normative legal research method using both statutory and conceptual approaches. The findings indicate that there are fundamental differences between national law, which emphasizes formal legality, consent, age requirements, and administrative procedures, and customary law, which focuses on social legitimacy and cultural values. These differences have the potential to create legal uncertainty and vulnerabilities in the protection of rights, particularly for women and children. Therefore, efforts to harmonize national law and customary law are necessary to establish a family law system that is more responsive to social realities while upholding the principles of justice and legal protection
Peran BASYARNAS dalam Penyelesaian Sengketa Ekonomi Syariah di Luar Pengadilan di Indonesia Fildza Nazhifah Kamila; Saskia Mediana; Nazara Anisa; Elisabeth Julietha Roulina; Rafi Alfarisi
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.20734906

Abstract

The rapid growth of the Islamic economic sector in Indonesia has increased the potential for disputes arising from various Islamic business and financial transactions. Consequently, an effective dispute resolution mechanism that ensures legal certainty while adhering to Sharia principles is required. One of the institutions that plays a significant role in resolving Islamic economic disputes outside the court system is the National Sharia Arbitration Board (Badan Arbitrase Syariah Nasional/BASYARNAS). This study aims to examine the role of BASYARNAS in resolving Islamic economic disputes and to analyze the mechanisms and advantages of dispute settlement through this institution. The research employs a normative legal research method using both statutory and conceptual approaches. The data were collected through library research, including the examination of legislation, legal literature, academic journals, and other relevant sources. The findings indicate that BASYARNAS serves as an alternative dispute resolution institution that offers a process which is efficient, confidential, cost-effective, and consistent with Sharia principles. The dispute resolution mechanism through BASYARNAS involves the submission of an arbitration request, case examination, reconciliation efforts, evidentiary proceedings, and the issuance of an arbitration award that is final and binding. These advantages make BASYARNAS an effective option for Islamic business actors in resolving disputes outside the court system. 
Keabsahan dan Akibat Hukum Perjanjian Kawin Selama Masa Perkawinan Terhadap Harta Bersama Pasca Perceraian (Studi Kasus Putusan Nomor 294/PDT/2022/PT.DKI) Amanda Fitra Hamzah; Margaretha Shintauli; Junita Marsyabillah; Muhammad Farrel Radithyo
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.21062794

Abstract

Constitutional Court Decision Number 69/PUU-XIII/2015 broadened the timeframe for concluding a marriage agreement so that it may be made during marriage, yet did not eliminate its validity requirements under the Civil Code. This study analyzes the legal position of marriage agreements made during marriage and their legal consequences for the division of joint marital property after divorce, based on a case study of the Jakarta High Court Decision Number 294/PDT/2022/PT.DKI using a normative legal method. The findings show that a marriage agreement made during marriage is valid but conditional, and its legal effect is prospective, so that where the agreement is declared invalid, the status of the property reverts to the joint marital property provisions.
Perlindungan Hukum Hak Merek atas Peredaran Skincare Palsu Glow Glowing serta Dampaknya terhadap Konsumen Santi Halimatusaa’adah; Yuna Nasywa; Naura Jasmine Aulia; 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.20899399

Abstract

This study aims to analyze the legal protection for the trademark holder of Glow Glowing skincare against counterfeiting, the forms of compensation claims that can be filed by the legitimate owner regarding the circulation of illegal products, and the impact of such counterfeiting on brand image and consumer trust. This research uses a normative juridical legal method with statutory and case approaches. Data analysis was carried out descriptively and qualitatively to explain legal facts comprehensively. The results show that the protection of the Glow Glowing trademark is applied through preventive instruments via registration with the Directorate General of Intellectual Property (DJKI) and repressive protection through criminal enforcement based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. As a form of loss settlement, the legitimate brand owner can file a civil lawsuit at the Commercial Court to demand material compensation, such as a decrease in sales turnover, as well as immaterial losses in the form of damaged brand reputation due to the circulation of these illegal cosmetics. Furthermore, the circulation of counterfeit skincare is proven to have a destructive impact that drastically triggers a decline in consumer trust and damages the brand image in the market.
Deactivation of BPJS Healts Coverage and Violations of Workers’ Rights in Industrial Relations Disputes in Indonesia Amanda Septiani; Jazima Afiq Dayana Chan Lase; Marchellina Rovellie; Anisa Reinata
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.20782585

Abstract

The deactivation of BPJS Health coverage in industrial relations disputes raises legal issues concerning the fulfillment of workers’ right to social security. In practuce, BPJS Health membership is often linked to employment status, resulting in workers losing access to healthcare service when employment is terminated or disputes arise. This condition reflects a gap between the principle of legal protection for workers and the implementation of the social security system. This study aims to examine the legal protection of workers against the deactivation of BPJS Health and to assess its effectiveness within the Indonesian labor law framework. The research applies a normative juridical method with statutory and case approaches, particularly focusing on the case involving workers of PT Freeport Indonesia. The findings indicate that the deactivation of BPJS Health in industrial disputes potentially undermines workers’ normative rights, especially the right to social security. In addition, the administrative mechanism, which depends on employment status, along with weak supervision, has led to suboptimal legal protection for workers.
Legitimasi Fatwa AI dalam Legislasi Syariah Pada Sistem Hukum Modern Muhammad Aqsho Che Athoriq R; Rangga Mahesa; Kurniati K
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.21201014

Abstract

The rapid development of Artificial Intelligence (AI) has created new opportunities to support the process of issuing fatwas by enabling faster and more systematic analysis of Islamic legal sources. However, the involvement of AI in the process of istinb?? al-a?k?m raises concerns regarding the legitimacy of AI-assisted fatwas, particularly in relation to authority, accountability, and compliance with Sharia principles within modern legal systems. This study aims to examine the legitimacy of AI-assisted fatwas in Sharia legislation within modern legal systems and to formulate a regulatory framework that balances technological innovation with the authority of Islamic law. This research employs a normative legal method using statutory, conceptual, and comparative approaches. The findings reveal that AI does not possess the legal or religious authority to issue fatwas independently but should function solely as a supporting instrument in the process of ijtih?d under the supervision of qualified muftis or authorized fatwa institutions. Therefore, the legitimacy of AI-assisted fatwas can only be ensured through regulations that clearly define the scope of AI utilization, establish verification mechanisms by religious authorities, and uphold the principles of algorithmic transparency and accountability. This study recommends the development of a regulatory framework and ethical guidelines integrating the principles of maq??id al-shar??ah with AI governance, while encouraging further research on the implementation of AI-assisted fatwas across different legal systems and fatwa institutions.
Analisis Pelaksanaan Perkawinan Beda Agama di Indonesia Serta Problematika Hukum Pengakuan, Pencatatan, dan Pertanggungjawaban Pidana Pemalsuan Data Administrasi Mochammad Verdan Dafa Maulana; Tomy Michael
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.21358711

Abstract

Interfaith marriage in Indonesia remains a legal issue that continues to generate debate due to the intersection between state law and religious law. The legal validity of marriage, as stipulated in Article 2 paragraph (1) of Law Number 1 of 1974 on Marriage, as amended by Law Number 16 of 2019, requires that a marriage be conducted in accordance with the laws of the respective religions and beliefs of the parties involved. In practice, this provision has given rise to various legal issues, particularly regarding the recognition and registration of interfaith marriages. This study aims to analyze the legal framework governing the implementation of interfaith marriages in Indonesia, as well as the legal challenges concerning their recognition and registration. The research employs a normative legal research method using statutory and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed using a descriptive qualitative method. The findings indicate that Indonesian positive law does not provide explicit regulations governing interfaith marriages, resulting in legal uncertainty. The legal issues identified include differing interpretations of statutory provisions, inconsistencies in judicial decisions, and obstacles in the marriage registration process. The issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023 serves as guidance for judges in promoting consistency in the application of the law in cases concerning interfaith marriage.
Pertanggungjawaban Pidana Korporasi dalam Kecelakaan Kendaraan Otonom: Analisis Kedudukan Agen Pemegang Merek sebagai Distributor Ivan Rachmawan; Frans Simangunsong
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.21257355

Abstract

The development of autonomous vehicles driven by Artificial Intelligence has fundamentally transformed the transportation system from a human-driven model to an AI-driven operational framework. This transformation has created new legal challenges concerning criminal liability for traffic accidents, as driving decisions are no longer exclusively controlled by human drivers. In Indonesia, the legal framework governing autonomous vehicles remains inadequate, particularly regarding the allocation of legal responsibility among parties involved in the autonomous vehicle ecosystem, including the position of the Authorized Brand Holder (Agen Pemegang Merek/APM) as the official distributor. This study aims to analyze the legal status of the APM as a corporation that may be held criminally liable within the autonomous vehicle ecosystem and to examine the mechanism of corporate criminal liability applicable to the APM in autonomous vehicle accidents. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The study relies on primary, secondary, and tertiary legal materials, which are analyzed qualitatively through descriptive-analytical methods. The findings demonstrate that the APM should no longer be viewed merely as a vehicle distributor but as a corporation exercising legal control over vehicle safety through responsibilities such as software updates, product recalls, after-sales services, and compliance with safety standards. These responsibilities constitute the legal basis for attributing corporate criminal liability when the APM's negligence is causally linked to an autonomous vehicle accident. Furthermore, the mechanism for imposing criminal liability requires comprehensive proof supported by electronic evidence, digital records, and expert testimony. 
Legalitas Tindakan Penagihan dan Eksekusi Jaminan Fidusia oleh Debt Collector dalam Perspektif Perlindungan Hukum Kreditur Bagas Agdi Pratama; Abraham Ferry Rosando
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

From the perspective of creditor legal protection in Indonesia, this paper examines the legitimacy of debt collection and the enforcement of fiduciary guarantees by debt collectors. By enabling ownership of movable property through fiduciary-backed loan schemes, the financial industry plays a vital role in the economy. However, debtor default often leads to law enforcement and collection actions, in which debt collectors play a crucial and often controversial role. This paper examines recent regulations, such as Financial Services Authority Regulation No. 22 of 2023, Financial Services Authority Circular Letter No. 19/SEOJK.06/2023, and the implications of Constitutional Court Decisions No. 18/PUU-XVII/2019, No. 2/PUU-XIX/2021, and No. 57/PUU-XIX/2021. The research method used is normative legal research, utilizing legal and intellectual perspectives. The findings demonstrate that debt collectors can legally carry out fiduciary guarantee execution and debt collection as long as they follow protocols and are accountable to the financing organizations who employ them. The decisions of the Constitutional Court do not eliminate the creditor's executive rights; Rather, they make clear the prerequisites for their execution, which include the debtor's voluntary surrender of the collateral item and acknowledgment of default, or a court order. In order to preserve investment certainty and the stability of the financial industry, which in turn promotes economic growth, creditors must have legal protection

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