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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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Paradigma Ekoteosentris dalam Penanggulangan Sampah Darat Perspektif Hukum Islam Nurhildawati N; Andi Huzaifa; Azman Arsyad; Lomba Sultan
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 | DOI: 10.5281/zenodo.21442424

Abstract

This study aims to analyze the problem of land waste in Indonesia, examine the essence of the ecotheocentric paradigm as an environmental ethic, and explain its implications for waste management from the perspective of Islamic law. This research employed a qualitative library research approach using the Qur'an, Hadith, books, scientific articles, legislation, and other relevant literature as data sources. The data were analyzed using a descriptive-analytical method. The findings reveal that Indonesia's waste problem is caused not only by increasing waste generation, inadequate infrastructure, and weak regulatory implementation but also by an anthropocentric paradigm that encourages environmental exploitation. The ecotheocentric paradigm offers a comprehensive ethical framework by integrating the relationship between God, humans, and nature, positioning environmental preservation as both a religious mandate and an ecological responsibility. From the perspective of Islamic law, this paradigm reinforces the principles of khalifah, amanah, m?z?n, and maq??id al-shar?'ah through the promotion of public benefit and the prevention of environmental harm. Therefore, effective waste management requires not only technical measures but also the transformation of moral and spiritual awareness to achieve sustainable environmental stewardship.
Analisis Yuridis terhadap Kerugian Reputasional sebagai Dasar Gugatan Perdata di Luar Hubungan Kontraktual dalam Kerangka Perbuatan Melawan Hukum Menurut KUHPerdata Raffi Rizkytia Novebryan; Wahyuningrum W; Siti Ahdia Fawwaz Nurwendha; Nandar Wulan; Raul Gindo Cahayo
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 | DOI: 10.5281/zenodo.21406827

Abstract

Reputational damage constitutes a form of non-material loss that has gained increasing relevance in the development of civil law, particularly in the context of claims arising outside contractual relationships. In practice, reputational damage often results from unlawful acts, such as defamation, dissemination of false information, or other actions that harm an individual’s honor and good name. The issue that arises concerns the legal standing of reputational damage as a basis for civil claims and the legal framework for assessing and awarding compensation for such losses. This study aims to analyze reputational damage as a basis for civil litigation outside contractual relationships within the framework of unlawful acts under the Indonesian Civil Code. The research employs a normative juridical method with statutory and conceptual approaches, through the examination of legal norms, doctrines, and relevant academic literature. The findings indicate that reputational damage can be classified as a form of immaterial loss arising from unlawful acts as stipulated in Article 1365 of the Civil Code. However, proving reputational damage remains challenging due to its abstract nature and the difficulty in quantifying it. 
Pengawasan Terhadap Pengaturan Kepala Badan Otorita Ibu Kota Nusantara dalam Sistem Ketatanegaraan Indonesia Varentina Lorenza
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.21304705

Abstract

This study examines using a qualitative approach the oversight of regulations established by the Head of the Nusantara Capital City Authority within the Indonesian constitutional system. The analysis focuses on the regulatory authority held by the Head of the Authority, the oversight mechanisms applicable to the regulations issued, and the implications for the rule of law principle, the hierarchy of legislation, and the system of checks and balances in governance. The research stems from the need to critically examine the status of regulations enacted by the Head of the Nusantara Capital City Authority, given that this authority operates within the realm of government administration and carries legal consequences for state institutional governance. The study employs a normative legal research method with a qualitative approach, utilizing statutory, conceptual, and institutional approaches. Legal materials—comprising primary, secondary, and tertiary sources—were analyzed using a descriptive-analytical method. The findings indicate that regulations established by the Head of the Nusantara Capital City Authority are essentially forms of administrative policy regulations derived from specific delegated authority; however, they remain subject to the principles of legality and legal certainty, as well as oversight within the Indonesian constitutional system. Oversight of these regulations may be exercised through preventive or repressive measures, utilizing administrative or executive mechanisms, or through judicial review based on applicable legal principles
Pembatasan Diversi Terhadap Anak Ancam Pidana Penjara Lebih 7 Tahun dalam Sistem Peradilan Pidana Anak Erik Wahyu Setiawan; 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.21242887

Abstract

Diversion, which emphasizes resolving issues through restorative justice as opposed to the standard criminal court procedure, is a crucial component of the juvenile criminal justice system. However, Law Number 11 of 2012's Article 7 paragraph (2) on the juvenile criminal justice system only permits the use of diversion for acts that are not repeat offenders and carry a sentence of less than seven years in prison. This clause raises legal questions concerning how effectively these limitations align with the concepts of fair treatment for all, child safety, and the best interests of the child. This study aims to investigate the reasons behind the various regulations pertaining to youngsters who may be imprisoned for more than seven years. Additionally, this study examines whether these restrictions adhere to Indonesia's juvenile justice system's child protection regulations. This study uses two different methods: one related to laws and another based on ideas. Legal documents were gathered by researching laws and rules in libraries, along with books and other legal sources. They were then studied in a descriptive and analytical way using qualitative methods. Research shows that diversion restrictions are meant to keep a fair balance between protecting children, taking care of victims' needs, and serving the good of society in how the law is enforced. However, rules that only look at how serious the criminal danger is don't take into account the child's personal situation or how likely they are to turn their life around. Because of this, some people worry that it might make it harder for children to get to places where they can recover. Therefore, more adaptable methods of rerouting cases according to each child's circumstances better align with the fundamental principles of child protection and the objectives of the juvenile criminal justice system, which are centered on providing for children, aiding in their recovery, and promoting their social reintegration.
Perlindungan Hukum terhadap Anak Sebagai Korban Pedofilia dalam Perspektif Viktimologi Rr. Britamia Rachel Ekklesia
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 | DOI: 10.5281/zenodo.21456870

Abstract

Child sexual abuse constitutes a serious violation of human rights that causes long-term physical, psychological, and social consequences for victims. Legal protection for child victims should not merely focus on punishing offenders but must also ensure the fulfillment of victims' rights to rehabilitation, restitution, and comprehensive recovery. This study aims to analyze legal protection for child victims of pedophilia from a victimological perspective through an examination. This research employs normative legal research using statutory, conceptual, and case approaches. Legal materials were collected through library research consisting of legislation, court decisions, legal doctrines, and scholarly articles. The findings reveal that the court provided retributive legal protection by imposing imprisonment, fines, and chemical castration on the offender. Nevertheless, the judgment failed to accommodate victims' recovery rights because it did not order psychological rehabilitation or restitution as mandated under Indonesian child protection and sexual violence legislation. From a victimological perspective, the child experienced primary victimization as a direct consequence of the offense and remains vulnerable to secondary victimization due to inadequate post-trial recovery mechanisms. Therefore, legal protection should prioritize both offender punishment and comprehensive victim recovery to achieve substantive justice for child victims.
Implementasi Kebijakan Pengendalian Banjir dan Genangan Melalui Rumah Pompa oleh Dinas Sumber Daya Air dan Bina Marga Kota Surabaya Bethania Anindhita Putri Wahyudi; Suci Megawati; Indah Prabawati; M. Noer Falaq Al Amin
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 | DOI: 10.5281/zenodo.21438056

Abstract

This study examines the implementation of flood and inundation control policy through pump houses managed by the Surabaya City Water Resources and Highways Agency (DSDABM), focusing on the Ketintang area in South Surabaya. A descriptive qualitative method was applied, combining interviews, observation, and documentation, and the data were analyzed through the four indicators of George C. Edward III's policy implementation model, namely communication, resources, disposition, and bureaucratic structure. The findings show that technical-operational communication among DSDABM, the meteorological agency, and pump house operators runs relatively well, while formal policy communication is still hindered because the local flood regulation has not yet been legally enacted. In terms of resources, budget limitations, a shortage of field operators, and incomplete security facilities at pump houses remain persistent obstacles. The disposition of policy implementers is comparatively strong, yet public participation in maintaining drainage channels remains low. The bureaucratic structure at the technical level, organized through a zonal system, appears fairly decentralized, whereas coordination between DSDABM and the city council in drafting the flood regulation has not produced a clear timeline.
Analisis Hukum Atas Klausula Pembatasan Ganti Rugi dalam Syarat Standar Pengiriman JNE Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Anis Sofiatun; I Gde Sandy Satria
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 | DOI: 10.5281/zenodo.21367289

Abstract

The rapid growth of electronic commerce has increased reliance on courier services, and the legal relationship between shipping companies and consumers is largely governed by standard-form contracts known as Standard Shipping Terms (SSP). One provision that raises legal concern is the limitation of compensation to a maximum of ten times the shipping tariff for uninsured domestic shipments, as applied by PT Tiki Jalur Nugraha Ekakurir (JNE). This study aims to analyze the legal qualification of this limitation-of-liability clause as an exoneration clause and to assess the implementation of the principle of balance between the parties in JNE's Standard Shipping Terms in light of Law Number 8 of 1999 on Consumer Protection. The study employs normative legal research using statute and conceptual approaches, analyzed prescriptively and qualitatively through deductive reasoning. The findings show that the ten-times-tariff compensation limit constitutes an exoneration clause in the form of a limitation of liability that functionally shifts part of the loss arising from JNE's negligence onto the consumer, thereby contravening Article 18 paragraph (1) letter a of the Consumer Protection Law and being null and void insofar as it is applied to proven direct material losses. The implementation of the balance principle in JNE's Standard Shipping Terms is also found to be inadequate, particularly at the stage of contract formation, risk distribution, burden of proof, claim deadlines, and the restriction of dispute-resolution forums. 
Ketiadaan Pengaturan Hak Untuk Tidak Menganut Agama Atau Kepercayaan Sebagai Bentuk Ketidakselarasan Hukum Nasional dengan HAM Mochammad Farrel Adhi Pramana; 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.21262982

Abstract

Freedom of religion or belief constitutes a fundamental human right guaranteed by the Indonesian Constitution and various international human rights instruments. However, the Indonesian legal system has not explicitly recognized the right not to adhere to any religion or belief, raising questions regarding its compatibility with international human rights standards. This study aims to examine the regulation of the right not to profess a religion or belief within the Indonesian legal system and to assess its conformity with human rights principles following Indonesia's ratification of the International Covenant on Civil and Political Rights (ICCPR). This research employs a normative legal research method using both the statutory and conceptual approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively through systematic and comparative legal interpretation. The findings reveal that the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 on Human Rights, and other relevant legislation recognize the rights to profess a religion, embrace a belief, and practice religious worship, yet they do not explicitly acknowledge the right not to adhere to any religion or belief. This legal omission constitutes a normative gap that limits the scope of legal protection under national law and demonstrates its inconsistency with Article 18 of the ICCPR and General Comment No. 22, which recognize such a right as an integral element of freedom of thought, conscience, and religion. Accordingly, the study argues that harmonization of national legislation is necessary to ensure comprehensive legal protection for all dimensions of freedom of thought, conscience, religion, or belief in accordance with international human rights standards.
Analisis Kepastian Hukum dan Perlindungan Hukum Jamaah Umrah Mandiri (Berdasarkan Undang-Undang Nomor 14 Tahun 2025 Tentang Penyelenggaraan Ibadah Haji dan Umrah) Adiyatma Firman Mahadi; Muh. Jufri Ahmad
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 | DOI: 10.5281/zenodo.21484993

Abstract

This study aims to analyze the legal certainty regarding the regulations for independent Umrah based on Law Number 14 of 2025 concerning the Implementation of the Hajj and Umrah Pilgrimage and analyze the form of legal protection for independent Umrah pilgrims. The research used is normative legal research by applying three approaches, namely the statutory approach, the conceptual approach, and the case approach. The legal materials used consist of primary, secondary, and tertiary legal materials, which are analyzed prescriptively using legal interpretation, legal systematization, legal harmonization, and deductive reasoning. The analysis was carried out by applying the legal certainty theory of Gustav Radbruch, Utrecht, and Sudikno Mertokusumo as well as the legal protection theory of Philipus M. Hadjon. The results of the study indicate that the regulations regarding independent Umrah in Law Number 14 of 2025 have provided a legal basis for the implementation of the Umrah pilgrimage independently, thereby fulfilling the aspect of legal recognition as part of legal certainty. However, these regulations do not fully provide legal certainty due to vague norms and the lack of comprehensive provisions regarding state responsibilities, legal protection mechanisms, and dispute resolution for independent Umrah pilgrims. This study also found that legal protection for independent Umrah pilgrims consists of preventive and repressive legal protection, but its implementation still requires further regulation through implementing regulations to ensure effective legal protection.
Konsep Jihad Lingkungan Sebagai Strategi Pencegahan Kerusakan Terumbu Karang di Indonesia Baso Muhammad Nibras Abiyyu; Sukmawati Markun; Azman Arsyad; Lomba Sultan
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 | DOI: 10.5281/zenodo.21442611

Abstract

Coral reef degradation in Indonesia, part of the Coral Triangle region that holds 76% of the world's coral reefs, continues to rise due to both natural and anthropogenic factors. Conservation approaches relying solely on regulation and technology have proven insufficient without accompanying moral and spiritual awareness within society. This study aims to examine the concept of environmental jihad as a strategy for preventing coral reef damage in Indonesia through ontological, epistemological, and axiological philosophical perspectives. The method employed is descriptive-qualitative library research, analyzing primary sources from the Qur'an and Hadith alongside contemporary scientific literature on marine ecology and Islamic legal thought. The findings show that, ontologically, environmental jihad manifests humanity's responsibility as khalifah (steward) to preserve the balance of God's creation; epistemologically, the concept is constructed through the integration of revelation, scholarly ijtihad, the maq??id al-shar?'ah approach, and empirical scientific knowledge. This research is expected to enrich the discourse on environmental fiqh while encouraging the integration of religious values into Indonesia's marine ecosystem conservation policies.

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