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Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Published by Universitas Islam Indonesia
ISSN : -     EISSN : 30218586     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia merupakan media publikasi karya ilmiah hasil seminar nasional yang mengkaji berbagai permasalahan terkini dalam bidang hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum administrasi negara. Prosiding seminar nasional yang ditulis oleh penulis internal Fakultas Hukum UII maupun penulis eksternal tersebut diterbitkan sebanyak 6 (enam) kali dalam setahun yaitu Januari, Maret, Mei, Juli, September, dan November.
Arjuna Subject : Umum - Umum
Articles 18 Documents
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Search results for , issue "Vol. 2 No. 2 MARET 2024" : 18 Documents clear
Pembuktian Dalam Perkara Permohonan Izin Poligami di Indonesia (Studi Kasus Putusan Nomor 3977/Pdt.G/2019/PA.Dpk) Abednego Ozora; Reinaldy; Renee Lim; Rizky Karo Karo; Samuel Kaban Solavide
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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In marriage, rights and obligations arise that bind both parties in the hope of achieving inner peace and creating a happy and prosperous family. Marriage is seen as a noble thing in society's view which is based on a reciprocal bond of love and affection between a man and a woman. However, in marriage, there is a problem that is being discussed to this day, namely the issue of polygamy. Polygamy is the practice of a man having more than one wife simultaneously. In this research, we will discuss the Case Study of Decision Number 3977/Pdt.G/2019/PA.Dpk. This research was conducted to understand how evidence works in Civil Procedure Law, study the legal basis and procedures for polygamy in Indonesia, and analyze the relevance of the evidence submitted to the judge's consideration in the application for a polygamy permit in the decision adopted by the authors. Based on the research, it is concluded that the law of evidence in civil cases is included in the HIR and BW, and plays an important role in the trial process to reveal legal facts. Furthermore, the legal basis for polygamy is regulated in the Marriage Law and Presidential Instruction Number 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law. Through this research, it is also concluded that in this case study,, the Proof of Statement of Capability for Marriage/Polygamy fulfilled the cumulative requirements related to polygamy according to the Law, but the alternative requirements related to the inability of the requested party were not met in the trial. In addition, witness testimony proves that the Petitioner has the ability to guarantee and finance the household needs of his wife and children.
Penggunaan Kontrak Elektronik Dalam Bidang Keperdataan Pandam Nurwulan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract
Penggunaan Alat Bukti Elektronik Dan Problematikanya Dalam Sengketa Perdata Di Pengadilan Rizky Ramadhan Baried
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Perlindungan Hukum Investor Publik dalam Praktik Perdagangan Orang dalam di Indonesia Endang Sholehin; Retno Wulansari
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This research aims to find out about how the form of legal protection for public investors against insider trading cases and to find out how the efforts made by the OJK or other institutions in handling insider trading cases. This type of research is normative legal research. The approach method used is a legal approach or approach based on legislation. The data sources obtained consist of secondary data sources through primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study are first, In the Insider Trading case committed by Rajiv Louis, it fulfills all the elements of Insider Trading regulated in Article 95 of Law Number 8 of 1995. The form of protection or law enforcement in regulating insider trading includes three things, namely civil, criminal and administrative enforcement. The capital market law itself has provided a basis for law enforcement as a protection effort for any violations in capital market activities, namely the existence of administrative sanctions (Article 102 of the capital market law), criminal sanctions (Article 110 of the capital market law), civil sanctions (Article 111 of the capital market law). The form of legal protection itself can be in the form of legal structure and legal substance, both of which are interconnected to provide legal certainty and protection. Second, the role of OJK in this case
Fair Use Copyright Intellectual Property Law Oracle vs Google Case Study Yulio Iqbal cahyo Arsetyo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Intellectual property (IP) is a kind of intellectual property that has been remarkably difficult to classify as a specific form of IP subject matter because its dual nature presents particular difficulties for those trying to draw analogies with existing legal categories. With the development of technology there was a new challenge for Intellectual property concept and it was about position of software in the world of intellectual Property. With now era of technology begin, there was new legal issue regarding intellectual property was rises. This case will inloved how google use Oracle copyrighted material the Java programing language especially the regarding the Application programming interface which created a 9 year long legal battle. From the back story this case actually was reveal that Google loan some of Java program Asset to uses in the Google Android Development Kits especially the API. By means of observing, studying and testing the behavior of SAS Institute's program, WPL reproduced the functionality of that program by using the same programming language and the same format of data files.
Perkembangan dan Isu-Isu Hukum Utama Berkaitan dengan Penerapan Smart Contract Berbasis Blockchain Mario Nurcahyanto
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Implementasi Peraturan Pemerintah Republik Indonesia Nomor 50 Tahun 2012 Tentang Penerapan Sistem Manajemen Keselamatan dan Kesehatan Kerja (Studi Kasus PT. PLN Yogyakarta) Bintang Damario Primayudha; Mustika Prabaningrum Kusumawati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This research has a background on the implementation of SMK3 at PT. PLN Yogyakarta, aims to answer questions based on the formulation of the problem, firstly How is the implementation of Government Regulation of the Republic of Indonesia Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System at PT PLN Yogyakarta, and secondly What are the inhibiting factors in the implementation of Government Regulation of the Republic of Indonesia Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System at PT PLN Yogyakarta. The type of research conducted by the author uses a combination of empirical and normative legal research, this research also uses a statutory and conceptual approach. The legal materials used are primary and secondary legal materials, and are analyzed using qualitative methods. The results of this study answered related to the formulation of the problem which showed that, first, PT. PLN Yogyakarta has guaranteed the Occupational Safety and Health of workers or laborers in accordance with the mandate in Article 1 point 2 of Government Regulation Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System, the second majority occurs due to Human error or negligence caused by the field workers itself and that the process of monitoring and evaluating SMK3 at PT. PLN Yogyakarta is appropriate because when the author conducted an interview with Mr. Catur Rizkyanto as the K3L and Security Team Leader.
Materi Stand Up Comedy Sebagai Objek Perlindungan Hak Cipta di Indonesia Fiqqi Pujamantra; Indah Parmitasari
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This research discusses stand-up comedy material as an object of copyright protection in Indonesia. This type of research is empirical legal research, the approach method used is the statutory regulation approach, case approach and context approach. Source material consists of primary data from interviews and secondary data in the form of primary, secondary and tertiary legal materials. Material was collected through interviews, literature study and document study which was then analyzed using qualitative descriptive methods. The results of this research are, first, Stand up comedy material is a copyrighted work which can be said to fulfill the concept of a copyrighted work based on the Copyright Law and can be included in objects protected by Copyright. Second, the legal efforts that can be taken by comics in the event of a copyright defense are that the resolution can be carried out through alternative dispute resolution, arbitration, or authorized institutions, namely commercial courts, as regulated in Article 95 of Law Number 28 of 2014 concerning Copyright on the basis of take legal action because it violates copyright and is an unlawful act.
Modus Operandi Dan Penegakan Hukum Tindak Pidana Pembalakan Liar Di Kawasan PBPH PT. Kirana Chatulistiwa Sitasari Rizqi Mahanani; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Criminal acts committed by perpetrators of Illegal Logging caused losses for PT. Kirana Chatulistiwa in the form of damage to forest areas. Logging that should have been done legally was illegally logged by a corporation to open plantation land illegally. This raises questions about the modus operandi of Illegal Logging carried out by the perpetrators and how the law enforcement of Illegal Logging in the PBPH area of ​​PT. Kirana Chatulistiwa. The author conducts research using empirical methods that focus on a person's behavior which is obtained by the interview method and through a sociological juridical approach by looking at legal facts or legal realities in society. The results of this study are that the perpetrators carried out their modus operandi by claiming to be indigenous people in the local area so they could cut down trees and take advantage of PT. Kirana Chatulistiwa which at that time was being abandoned. Furthermore, the legal settlement was carried out by the KPH Kusan team and the company by sending subpoenas, giving direct warnings, and compensation made by PT. Kirana Chatulistiwa and the application of the social forestry system between PT. Kirana Chatulistiwa with the perpetrators.
Perlindungan Hukum Pencipta Musik Pada Penghimpunan Dan Pendistribusian Royalti Platform Digital Spotify Rafi Faturahman; Budi Agus Riswandi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This research is motivated by the reality that the use of music and songs on the Spotify digital platform is utilized by irresponsible people by pirating. The problem in this study is, first, how is the legal protection of the creators of the collection and distribution of royalties for Spotify digital platform music works. Second, what are the legal remedies if there is no legal protection for the creators of Spotify digital platform royalty collection and distribution This research is a type of normative research. The approach used in this research is sociological. The object of research in this study is the legal protection of creators of musical works on the Spotify digital platform, along with legal efforts. The subject of this research is Bagus Rian as a musician or songwriter on the Spotify digital platform. The data sources used in this research are primary data sources supported by secondary data sources. The data collection techniques used in this research are interviews, document studies, and literature studies. This research uses qualitative juridical analysis. The results of this study state that the legal protection of music and song creators on the collection and distribution of Spotify's digital platform only removes pirated music and song content. The Spotify digital platform has no special provisions or mechanisms related to the economic rights of music creators. The arrangements on Spotify's digital platform are also not in line with the ideals of Indonesian laws and regulations regarding the collection and distribution of royalties.

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