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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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Perlindungan Hukum Bagi Anak yang Menjadi Korban Kekerasan Seksual Ardy Trihandhika Kusnanda; 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.21333740

Abstract

This study highlights how legal standards are used in mass and digital media while examining the legal protection of children's identities as victims of sexual assault. There is a discrepancy between the legislation and actual practices despite a number of rules, including the Sexual Violence Crime legislation and the Child Protection Law. The Pasya case serves as an example of how the victim's name was widely disclosed via digital media, which resulted in re-victimization and detrimental effects on the child's social and academic lives. These results show that without efficient inspection and law enforcement, legislative rules are inadequate. The study comes to the conclusion that in order to adjust to the dynamism of the digital age, the legal protection system must be assessed and reinforced.
Pertanggungjawaban Pidana Kader Kesehatan Posyandu dalam Promosi Susu Bayi Menurut Peraturan Perundang-Undangan di Indonesia Christian Raka Joana; 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.21254256

Abstract

The right of infants to receive exclusive breastfeeding is part of the state’s commitment to protecting child health. As an effort to support this policy, the government has established various legal provisions restricting the promotion of infant formula in order to prevent interference with breastfeeding practices. Nevertheless, in community health services, the involvement of Posyandu health cadres in activities related to infant formula promotion is still frequently found. This situation raises legal concerns regarding the possibility of criminal liability for those involved. This study aims to examine the forms of criminal liability that may be imposed on Posyandu health cadres involved in infant formula promotion under the Indonesian legal system. The research applies a normative legal method using statutory and conceptual approaches. The legal materials were collected through library research by examining legislation, scientific literature, and relevant legal doctrines. The findings indicate that health cadres may be held criminally liable if the elements of a criminal offense, as regulated under Article 430 of Law Number 17 of 2023 concerning Health, are fulfilled, particularly when the act is intentionally committed in a way that obstructs the implementation of exclusive breastfeeding. However, the imposition of criminal liability must still consider the element of fault, causality, and the possibility of legal grounds that may exclude criminal punishment.
Pengaruh Artificial Intelligence terhadap Pembuatan Kontrak Dagang dan Implikasi Hukumnya di Indonesia Aulia Nur Fauziah; 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.21458080

Abstract

The development of artificial intelligence (AI) has brought about significant changes in commercial contract drafting practices, particularly regarding efficiency, speed, and precision in clause formulation. AI enables business entities to draft, review, and analyze contracts more effectively. However, the application of AI in contract drafting also raises a number of legal issues, especially concerning the validity of agreements, legal liability for system errors, and the protection of parties involved in business relationships. This study aims to analyze the impact of AI on commercial contract drafting and its legal implications in Indonesia. A normative legal research method is employed, utilizing both statutory and conceptual approaches. The research findings indicate that while AI serves as a tool to assist the contract drafting process, the technology cannot replace the intent of the parties, which forms the basis of an agreement's validity. Contract validity must still meet the requirements for a valid agreement as stipulated in the Indonesian Civil Code (KUHPerdata). Furthermore, the use of AI necessitates more adaptive legal regulations to ensure legal certainty and protection for the parties involved. Therefore, the utilization of AI in commercial contracts requires caution and a clear legal framework to prevent future disputes.
Analisis Yuridis Penyitaan Pidana Terhadap Boedel Pailit dalam Perspektif Hukum Kepailitan Naomi Ida Gracia Nainggolan; Rosalinda Elsina Latumahina
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.21440398

Abstract

The criminal seizure of a debtor's assets that have been declared bankrupt and constitute the bankruptcy estate remains a controversial legal issue in Indonesian law enforcement. This issue arises from the overlap of authority between criminal law and bankruptcy law in determining the party authorized to control and administer the debtor's assets. On the one hand, Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations stipulates that, upon the declaration of bankruptcy, the authority to administer and manage the bankruptcy estate is transferred to the receiver (curator) under the supervision of the supervisory judge. On the other hand, the Indonesian Criminal Procedure Code authorizes investigators to seize property allegedly connected with a criminal offense. This study aims to analyze the legal regulation governing criminal seizure of the bankruptcy estate, examine the legal status of the bankruptcy estate in criminal seizure proceedings, and evaluate the legal protection afforded to creditors against such seizures. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources analyzed qualitatively through descriptive-analytical methods. The findings indicate that criminal seizure of assets included in the bankruptcy estate is legally permissible provided that it complies with criminal procedural law. However, its implementation must also uphold the bankruptcy law principles of paritas creditorum and pari passu pro rata parte to prevent arbitrary impairment of creditors' rights.
Pengaturan Tindak Pidana Penghinaan Presiden dalam KUHP Nasional Ditinjau dari Prinsip Kebebasan Berpendapat di Indonesia Stephanus Dandy Hayon; Frans Simangunsong
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.21381580

Abstract

Through Articles 218 and 219, Law Number 1 of 2023 on the Criminal Code brings back the criminal offense of insulting the President and Vice President, notwithstanding that a comparable provision had earlier been struck down by the Constitutional Court in Decision Number 013-022/PUU-IV/2006. This paper assesses the extent to which the offense of insulting the President under the National Criminal Code aligns with the freedom of expression guaranteed by the 1945 Constitution and situates the provision within a comparative examination of similar rules in other countries. The study relies on a normative legal method combining statutory, conceptual, and comparative approaches. Findings suggest that the provision does not fundamentally conflict with freedom of expression, given that the National Criminal Code converts the offense into a complaint-based offense (delik aduan) and carves out exceptions for criticism made in the public interest or self-defense. Even so, the phrase “attacking the honor or dignity” continues to leave room for expansive interpretation, calling for careful and measured enforcement so that legitimate criticism within a democracy is not stifled.
Pertimbangan Hakim dalam Pembuktian dan Perlindungan Korban Tindak Pidana Kekerasan Seksual (Studi Kasus Perkara Nomor 1650/Pid.B/2025 PN Sby) Pricelia Anggita Togatorop; Erny Herlin Setyorini
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.21298159

Abstract

This article examines judicial considerations in the assessment of evidence and the fulfillment of victims' rights in a sexual violence case, using Decision Number 1650/Pid.B/2025/PN Sby as the unit of analysis. The study is motivated by the issue of how Law Number 12 of 2022 on Sexual Violence Crimes (hereinafter referred to as the Sexual Violence Crimes Law/UU TPKS) is applied by judges in evaluating the elements of consent, the perpetrator's control over the victim, and evidentiary standards within a legal paradigm that has traditionally relied on proof of physical violence. This research employs a normative juridical method using both statutory and case approaches, analyzing court decisions, legislation, and secondary legal materials through qualitative analysis. The findings indicate that the Panel of Judges applied Article 6(b) of the UU TPKS based on the principle of lex specialis derogat legi generali. The judges established their conviction by assessing the interrelationship among the items of evidence in accordance with Article 184 of the Indonesian Criminal Procedure Code (KUHAP), without treating the Visum et Repertum as the sole basis for proof. This approach is consistent with the paradigm of the UU TPKS, which places the absence of consent and the perpetrator's control over the victim at the core of the offense. Nevertheless, the judgment did not fully incorporate the victim's right to restitution and failed to adequately consider the psychological impact on the victim when determining the proportionality of the sentence. As a result, the victim-centered justice approach envisioned by the UU TPKS has not yet been fully realized.
Pertanggungjawaban Pidana Pelaku Doxing Terhadap Perempuan Korban Kekerasan Seksual Digital Rachmanda Pepageka
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 criminal liability of perpetrators of doxing against women who become victims of digital sexual violence within the framework of Indonesian positive law. Doxing refers to the act of collecting, disclosing, or disseminating an individual's personal information without consent through electronic media. Its development has transformed it from a mere violation of privacy into a form of Online Gender-Based Violence (OGBV) that disproportionately affects women. This research employs a normative legal method using statutory and conceptual approaches, with Feminist Legal Theory serving as the analytical framework. The findings reveal that although doxing has not been specifically regulated as an independent criminal offense, perpetrators may still be held criminally liable under Law Number 1 of 2024 concerning Electronic Information and Transactions, Law Number 27 of 2022 concerning Personal Data Protection, Law Number 12 of 2022 concerning Sexual Violence Crimes, and the Indonesian Criminal Code. Where doxing involves sexual content or is intended to attack the victim's sexual integrity, the provisions on Electronic-Based Sexual Violence under the Sexual Violence Crimes Law may be applied as lex specialis. Accordingly, a gender-sensitive and victim-oriented law enforcement approach is essential to ensure more effective legal protection for women who experience digital sexual violence.
Ekoteosentris sebagai Landasan Pencegahan Penebangan Pohon dalam Perspektif Maqasid Syariah: Rekonstruksi Konsep Hifz al-Bi'ah Ummul Inayah; Nurul Adawia; 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.21442997

Abstract

This study aims to examine the relationship between the ecotheocentric paradigm and Maqasid al-Shariah in preventing deforestation while reconstructing the concept of Hifz al-Bi'ah as a normative foundation for environmental protection in Islamic law. The study employs a library research method using a normative-philosophical approach. Data were collected from the Qur'an, Hadith, classical and contemporary Islamic legal literature, books, and relevant scientific journals. The data were analyzed using content analysis through data reduction, classification, interpretation, and conclusion drawing. The findings reveal that the ecotheocentric paradigm views nature as a divine trust endowed with intrinsic value, making environmental conservation an integral part of devotion to Allah. The reconstruction of Hifz al-Bi'ah expands contemporary Maqasid al-Shariah by integrating the principles of tawhid, khilafah, mizan, and islah as the ethical foundation for environmental stewardship. Consequently, preventing deforestation is understood not only as an ecological responsibility but also as a manifestation of religious commitment, moral accountability, and the pursuit of public welfare through sustainable environmental preservation.
Pelaksanaan dan Alasan Penolakan Putusan Arbitrase Internasional Dalam Sengketa Bisnis (Studi Kasus: Astro All Asia Networks Plc. Vs. Lippo Group) Nayla Nur Salsabila; 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.21419417

Abstract

International arbitration is one of the preferred mechanisms for resolving cross-border commercial disputes due to its procedural flexibility, the confidentiality it offers to the parties, and the final and binding nature of its awards. This study aims to analyze the legal framework governing the enforcement and refusal of international arbitral awards, as well as its application in the dispute between Astro All Asia Networks Plc. and the Lippo Group. This research employs a normative legal approach by examining statutory regulations, international conventions, and relevant judicial decisions. The findings indicate that the recognition and enforcement of international arbitral awards in Indonesia are governed by the 1958 New York Convention and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. However, in practice, differences in judicial interpretation remain regarding the authority of national courts over international arbitral awards. The dispute between Astro All Asia Networks Plc. and the Lippo Group demonstrates that the scope of national courts' authority to recognize or refuse the enforcement of international arbitral awards constitutes a significant legal issue, particularly in maintaining a balance between the principle of final and binding awards, national legal sovereignty, and legal certainty for business actors.
Tanggung Jawab Hukum Penyedia Layanan Keuangan terhadap Kerugian Konsumen Akibat Peretasan Akun Felda Marcellia Sakinah; Ahmad Sholikhin Ruslie
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

The rapid development of Buy Now, Pay Later (BNPL) services in Indonesia, particularly GoPayLater managed by PT Multifinance Anak Bangsa (MAB), has increased the risk of account hacking, resulting in financial losses for users. This study aims to analyze the legal liability of the GoPayLater service provider for consumer losses caused by account hacking. The background of this research lies in the inadequate implementation of data management supervision by the GoPayLater provider, which has adversely affected service users. The research problem addressed is the form of legal liability borne by the GoPayLater service provider when account hacking causes losses to users. The objective of this study is to examine the liability of the GoPayLater provider and evaluate personal data protection policies within the context of digital financial transactions. This research employs a normative legal research method using statutory, conceptual, and personal data protection approaches. The findings indicate that the GoPayLater service provider may be held civilly, criminally, or administratively liable if negligence in managing consumers' personal data is proven. Although the Financial Services Authority has established regulations and conducts supervision, gaps remain in their implementation and in inter-agency coordination. 

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