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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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Regulasi dan Manajemen Risiko Layanan Fintech Peer-To-Peer Lending di Indonesia: Penelitian Pusaka Aspek Hukum dan Perbankan Nur Sakbaniah; Nur Melviyani; Fikri Haikal Adha; Zulia Agustina
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.21408884

Abstract

The development of financial technology peer-to-peer (P2P) lending has revolutionized financial inclusion but faces complex systemic risks in Indonesia. This study analyzes the urgency of regulation and risk management in the online lending ecosystem through a juridical-normative approach. As a financial service connecting lenders and borrowers digitally, P2P Lending demands rigorous oversight to mitigate defaults and protect consumers. Data indicates that while loan disbursements have reached significant figures, fluctuations in the 90-day default rate (TWP90) and the proliferation of illegal entities remain critical issues threatening financial stability. Employing a qualitative library research method, this study examines positive legal instruments, including the P2SK Law and sharia-compliant governance, to address existing regulatory gaps. The results demonstrate that conventional risk mitigation is insufficient without the integration of transparent credit scoring algorithms and massive cross-institutional collaboration. The study concludes that a transformation toward a preventive-predictive oversight model is imperative to ensure industry sustainability. Therefore, policy synchronization between financial authorities and law enforcement is essential to create a digital financing ecosystem that is inclusive, equitable, and resilient to future governance threats.
Criminal Liability And Law Enforcement Effectiveness Against Sound Horeg Organizers Causing Public Order Disturbances, Physical Harm, Loss of Life, and Ecosystem Damage Raka Anugrah Valentino Erlangga; Widhi Cahyo Nugroho
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.21306659

Abstract

The rapid development of audio technology has popularized the use of high-volume sound systems known as "sound horeg" in community events such as carnivals, parades, and celebrations, particularly in East Java, Indonesia. This practice frequently exceeds safe decibel limits, leading to public order disturbances, health risks, property damage, and environmental harm including marine ecosystem disruption. This normative legal research analyzes the application of criminal sanctions and the effectiveness of law enforcement against sound horeg organizers under Indonesian positive law, focusing on the second research problem from the underlying thesis. Using statutory, conceptual, and case approaches, the study draws from the new KUHP (Law No. 1/2023), Environmental Protection Law (No. 32/2009), and related regulations. Findings reveal that while legal frameworks like Article 265 KUHP and Articles 98-99 of the Environmental Law provide bases for criminal liability (including corporate liability post-2026 reforms), enforcement remains weak due to reliance on administrative measures and restorative justice, lack of technical measurement tools, inter-agency coordination gaps, and cultural acceptance of the practice. Cases in Malang, Lumajang, and Pasuruan illustrate repeated violations with minimal deterrence. Recommendations include specific Perda regulations, enhanced technical capacity, integrated task forces, and balanced moderation approaches to harmonize cultural expression with public rights to a healthy environment.
Rekonstruksi Pengaturan Restorative Justice Dalam KUHAP 2025 Berbasis Kepastian Hukum Nurushobbach N; 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.21245425

Abstract

The concept of Restorative Justice presents as an alternative paradigm that views criminal acts as a social conflict that causes harm to victims, perpetrators, and society. The mechanism for restorative justice is regulated in Law Number 20 of 2025 concerning the Criminal Procedure Code, namely in Articles 79 to 88. Restorative Justice regulations are regulated in the regulations of law enforcement agencies, namely Perja No. 15 of 2020, Perpol No. 8 of 2021 and Perma No. 1 of 2024. This study aims to examine whether the restorative justice regulations in the 2025 Criminal Procedure Code have guaranteed legal certainty and how the design of the reconstruction of restorative justice regulations in the 2025 Criminal Procedure Code guarantees legal certainty. The research method used is normative juridical, with a regulatory and contextual approach. The results of the study indicate that the restorative justice regulations in the 2025 Criminal Procedure Code still contain vague norms, inconsistencies in the regulation of authority between law enforcement officers, and the absence of a control mechanism that guarantees uniformity in the application of the law. This situation has resulted in the emergence of legal laws, potential discrimination, and reduced protection of victims' rights. The reconstruction of restorative justice regulations occurred due to the lack of clear regulations in the 2025 Criminal Procedure Code (KUHAP) that regulate the mechanism for implementing restorative justice. The 2025 Criminal Procedure Code should be the main guideline for law enforcement officers in resolving cases resolved through restorative justice mechanisms. The reconstruction of Restorative Justice regulations in the 2025 Criminal Procedure Code must guarantee legal certainty. The regulations in the 2025 Criminal Procedure Code should be clarified from the outset of a case to be resolved through restorative justice and determine who can carry out and apply restorative justice and become the main guideline for the implementation of Restorative Justice.
Rekonstruksi Doktrin Wanprestasi dalam Perjanjian Influencer Marketing: Analisis Risiko Algoritma dan Komodifikasi Reputasi Digital Raul Gindo Cahayo; Nur Octorise Siahaan; Bryan Joseph Putra; Ricky Joeshel March; Luthfi Naufan Zulfikar
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.21457197

Abstract

The massive transformation of the digital economy has significantly reconstructed the paradigm of global advertising toward the influencer marketing ecosystem. Within this framework, the core of the agreement is no longer confined to mechanical content creation services but has shifted toward the commodification of social capital, cyber reputation, and the achievement of immaterial digital performance metrics. This study aims to reformulate new parameters for identifying breach of contract (wanprestasi) by integrating algorithmic risk variables, while simultaneously designing an adaptive, proportional, and contextual legal dispute resolution model for the digital creative industry in Indonesia. This study employs a normative-empirical legal research method analyzed through a socio-legal approach. The research findings indicate that the classic doctrine of breach of contract under the Indonesian Civil Code (KUHPerdata) experiences a functional gap when confronted with digital disruptions, such as reach degradation caused by shadowbanning and platform algorithmic anomalies. Furthermore, violations of moral clauses that trigger negative public sentiment can be categorized as an implicit failure of performance since it jeopardizes brand safety. From the perspective of procedural law, digital evidence such as screenshots of performance metrics is highly vulnerable to visual manipulation, thus highlighting the urgency of strengthening the "right to audit" clause and verification via digital forensics. Conventional court litigation is deemed unaccommodating due to its protracted nature and its potential to degrade the parties' reputations. 
Dilema Code Is Law: Analisis Keadilan Kontraktual dan Perlindungan Hukum Bagi Pihak Lemah dalam Smart Contract Candra Wijaya Muling; 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.21438408

Abstract

The development of blockchain technology has given rise to smart contracts as agreements that are executed automatically without human intervention, embodying the concept of code is law, which positions computer code as the highest authority in determining the rights and obligations of the contracting parties. This concept has the potential to conflict with the principles of contractual justice in conventional civil law, particularly the principles of good faith, contractual balance, and the protection of weaker parties. This study employs a normative legal research method to analyze the validity of smart contracts within the framework of Article 1320 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata), evaluate the limits of legal liability arising from technical failures in automated execution, and formulate a legal protection framework for weaker parties. The findings indicate that the element of consent in smart contracts is reduced to technical assent, which does not fully represent a genuine meeting of the minds, while the requirement of a lawful cause is vulnerable to being obscured by the complexity of code that is not transparent to ordinary users. The study further finds that technical failures, such as software bugs or algorithmic errors, cannot automatically be classified as force majeure. Instead, such failures must be assessed based on the principles of due care and foreseeability on the part of the system developer. Consequently, in many cases, they are more appropriately characterized as a breach of contract resulting from negligent system design.
Registrasi Ulang Identitas Kendaraan Bermotor akibat Ketidaksesuaian Nomor Mesin: Analisis Normatif atas Kekosongan Regulasi dan Perlindungan Hukum Pemilik Kendaraan Satria Kalindra Imam Pradhata
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.21373059

Abstract

The crankcase is a structural engine component that bears the engine number as an official vehicle identity marker. When a crankcase suffers irreparable structural damage—caused by accidents, lubrication failure, corrosion, or manufacturing defect—its replacement automatically creates a discrepancy between the vehicle's physical engine number and the data recorded in official registration documents (STNK/BPKB). This discrepancy carries serious legal consequences yet lacks a sufficiently clear resolution framework under current regulations. This study examines two issues: (1) the registration requirements for replacing an engine number following crankcase damage; and (2) the legal remedies available when the replacement is performed by an unlicensed workshop. Employing normative legal research with statutory and conceptual approaches, the study identifies that Law No. 22 of 2009, Government Regulation No. 55 of 2012, and National Police Regulation No. 7 of 2021 do not specifically distinguish between an engine number change caused by component damage and a full engine replacement, thereby creating a regulatory gap (regeling vacuum) with disparate practical outcomes. The novelty of this study lies in constructing the concept of alternative material evidence (vrij bewijs) as a substitute mechanism when a licensed workshop certificate is unavailable, and in rejecting the doctrine of administrative responsibility transfer from the unlicensed workshop to the vehicle owner. 
Pertanggungjawaban Pidana terhadap Penyertaan Anak Sebagai Pelaku Tindak Pidana: Studi Putusan Nomor 22/PID/SUS.ANAK/2016/PN JKT.TIM Muhammad Keysha Yogi Armanda; 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.21275497

Abstract

The phenomenon of children’s involvement in terrorism cases presents challenges for national law enforcement and raises debate regarding the appropriate form of criminal liability, particularly when such involvement is influenced by adults within terrorist networks. This study analyzes the criminal liability of Children based on the degree of their participation in terrorism cases. This research employs a normative juridical method by examining positive legal provisions, legal concepts, legislation, and court decisions relevant to the research problem. The findings show that, in Decision Number 22/Pid.Sus.Anak/2016/PN Jkt.Tim, the Child was qualified as an accomplice because his role was limited to the preparation of explosive materials. Although Article 15 of Law Number 5 of 2018 places accomplices and principal offenders under the same criminal sanctions, the determination of criminal liability for Children must still consider the degree of involvement, the characteristics of the Child, the best interests of the Child, and the objectives of guidance and rehabilitation in accordance with the principle of individualized sentencing.
Arbitrase Solusi Alternatif dalam Penyelesaian Sengketa Irnawati I; Adenis Satriawan
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.21485826

Abstract

Arbitration is one of the alternative dispute resolution mechanisms regulated under Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution in Indonesia. This study aims to analyze the advantages and challenges of arbitration in resolving business disputes in the Republic of Indonesia. The findings indicate that arbitration offers several significant advantages, including a faster dispute resolution process, more predictable and manageable costs, confidentiality, and decisions that are final and legally binding. However, the implementation of arbitration continues to face several challenges, such as limited understanding of arbitration procedures among business actors, difficulties in enforcing arbitral awards, and arbitration costs that, in certain cases, may be higher than litigation in court. To optimize the role of arbitration, greater public awareness and education, reforms in the enforcement of arbitral awards, enhancement of arbitrators' professional capacity, and simplification of regulations concerning arbitration costs are necessary. Through these measures, arbitration can serve as an effective and reliable mechanism for resolving business disputes in Indonesia.
Rekonstruksi Jihad dalam Meningkatkan Wisata Bahari di Indonesia Wahyudi W; Sigit S; Azman A; Lomba L
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.21442775

Abstract

The discourse on jihad is frequently narrowed to armed violence, whereas classical and contemporary Islamic scholarship contains far broader and more contextual interpretations. This article seeks to reconstruct the concept of jihad from a qital (warfare) orientation toward mujahadah, namely earnestness and the exertion of maximum effort in productive domains of life, and to position it as an ethical framework for developing marine tourism in Indonesia. This study employs a qualitative approach through library research, examining exegetical literature, contemporary jurisprudence, and tourism policy documents to formulate a model of value integration. The findings indicate that interpreting jihad as a work ethic, ecological responsibility, and coastal community service can serve as a spiritual foundation that strengthens stakeholder commitment to marine ecosystem conservation while improving the welfare of coastal communities. This reconstruction is not intended to reduce the theological dimension of jihad but rather to broaden the scope of its actualization so that it remains relevant to sustainable development challenges. This article recommends integrating this reconstructed meaning into coastal pesantren educational curricula and community-based marine tourism policy.
Analisis Yuridis terhadap Pelaksanaan Putusan Arbitrase Komersial Internasional di Indonesia Berdasarkan Undang-Undang Nomor 30 Tahun 1999 Putri Apri Amanda; Hudi Yusuf
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.21419045

Abstract

The increasing volume of international trade has encouraged the use of arbitration as a dispute resolution mechanism that is considered more effective, efficient, and capable of providing greater legal certainty than litigation. This study aims to analyze the mechanism for the enforcement of international commercial arbitral awards in Indonesia under Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, as well as to examine the enforcement of an arbitral award in the dispute between the Ministry of Defense of the Republic of Indonesia and Navayo International AG. This research employs a normative legal research method using both the statutory approach and the case approach. The data used are secondary data obtained through library research, including legislation, books, scholarly journals, and other relevant legal documents, which are analyzed using a qualitative method. The findings indicate that the enforcement of international commercial arbitral awards in Indonesia has a clear legal basis under Law Number 30 of 1999. However, such enforcement must satisfy the statutory requirements for recognition and enforcement, including compliance with the public policy exception. In the dispute between the Ministry of Defense of the Republic of Indonesia and Navayo International AG, the enforcement of the arbitral award demonstrates legal complexities due to the involvement of a state institution. This situation requires a balance between Indonesia's obligations under international law and the protection of its national interests

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