Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
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.
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<![CDATA[Konsep dan Filosofi Pemidanaan Dalam Undang-Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual ]]>
<![CDATA[Febri Ardiyanto]]>;
<![CDATA[Ari Wibowo]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This research aims to determine The Concept and Philosophy of Penalization in Law Number 12 of 2022 on Sexual Violence. Doing this research because sexual violence crimes are a type of offense whose recovery cannot be restored to its original state, thus requiring legal regulations that can fulfill the objectives of the law, namely legal certainty and justice, while also aligning with the concept of penal goals. This research used an normative method by statuta approach and used qualitative description analysis techniques. The results of this study include the concept of penalization in Law Number 12 of 2022 on Sexual Violence Crimes, which adheres to the relative theory with penal sanctions in the form of imprisonment and/or fines formulated alternatively-cumulatively, as well as its philosophy of penalization, namely to ensure that offenders can reintegrate into society and to protect society by promoting order. Although Law Number 12 of 2022 on Sexual Violence Crimes has provided for penal sanctions against sexual violence offenders, the minimum limit for imposing a criminal sentence is still not stipulated in the regulation. It should be provided to allow judges to impose lenient sanctions on perpetrators, given that sexual violence crimes are serious offenses.]]>
<![CDATA[Analisis Yuridis Kewenangan Presiden Dalam Penunjukan Kepala Otorita Ibu Kota Negara ]]>
<![CDATA[Muhammad Rizky Lazuardito]]>;
<![CDATA[Ahmad Sadzali]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This study discusses the Juridical Analysis of the President's Authority in Appointing the Head of the State Capital Authority. The direct appointment of the Head of the State Capital Authority by the President has opened up the opportunity for regional heads to be appointed by the President again as in the New Order era, where the heads of level I regions were appointed by the President from among the candidates proposed by the Regional People's Legislative Assembly concerned. The formulation of the problem to be examined in this study is what is the position of the head of the IKN authority in the state administration system in Indonesia? And is the president's authority in appointing the head of the IKN authority in accordance with the provisions of the 1945 Constitution? This research is a normative juridical research, the approach is carried out using a statutory approach. The results of this analysis are that the position of the head of the IKN authority in the constitutional system in Indonesia when referring to constitutional provisions can at least refer to the term governor if the IKN is categorized at the provincial level. In addition, the president's authority in appointing the head of the IKN authority based on the provisions of the 1945 Constitution is in accordance with the provisions of the 1945 Constitution, even though the appointment of the Head of the IKN authority is not democratically elected through direct election by the people or people's representatives.]]>
<![CDATA[Dugaan Praktik Pelanggaran Hukum Insider Trading Yang Dilakukan Terhadap Investor Pasar Modal Indonesia (Studi Kasus PT. Jouska Finansial Indonesia) ]]>
<![CDATA[Ragil Ibnu Fatah Rialdy]]>;
<![CDATA[Inda Rahadiyan]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This study analyzed the alleged insider trading practices carried out by PT Jouska Finansial Indonesia against Indonesian capital market investors. Based on the formulation of the problem, (1) What are the indications of alleged insider trading practices carried out by PT Jouska Finansial Indonesia. (2) How is the form of legal protection for investors on the occurrence of alleged insider trading practices carried out by PT Jouska Finansial Indonesia. This research uses normative legal research methods with a statutory and case approach. The legal materials used are primary and secondary, and are analyzed qualitatively. The results of this study show, (1) PT Jouska Finansial Indonesia is included in the existing elements of insider trading, namely the existence of insiders, material information that is not yet available to the public, and making transactions due to material information. (2) The legal protection carried out is the imposition of a verdict with number 220/Pid.Sus/2022/2022/PN Jkt.Pst which was strengthened at the High Court level with number 261/Pid.Sus/2022/PT. DKI imposing each defendant with imprisonment for 6 years and 6 months and a fine of Rp 2,000,000,000, - (two billion rupiah).]]>
<![CDATA[Studi Kasus Keabsahan Penggunaan Bahasa Asing Dalam Loan Agreement Nine Am Ltd di Indonesia ]]>
<![CDATA[Ricco Adhi Laksana]]>;
<![CDATA[Eko Rial Nugroho]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This study aims to analyze the decision of the Supreme Court (MA) rejecting the cassation submitted by Nine AM Ltd. Based on two previous decisions, namely the DKI Jakarta High Court Decision Number 48/PDT/2014/PT.DKI dated 7 May 2014 and the West Jakarta District Court Decision Number 451/PDT.G/2013/PN JKT.BRT dated 20 June 2013, the Supreme Court considered that agreements that were only available in English were legally invalid because they violated Article 31 of the Language Law and violated the clauses as regulated in Article 1335 jo. Article 1337 of the Civil Code, then then is the use of a foreign language, namely English, legally invalid? Based on this problem, the conclusion is that:1. Article 31 of the Language Law regulates the obligation to use Indonesian, but there is no threat of sanctions. 2. Article 31 paragraph (2) of the Language Law also provides parties with the opportunity to write contracts in English. 3. Notarial Law Article 43 paragraph (3) which provides the opportunity for deeds to be made in a foreign language. 4. The lawful cause or cause of an agreement is the content of the agreement itself, not the language used.]]>
<![CDATA[Perlindungan Konsumen terhadap Overclaim Produk Skincare ]]>
<![CDATA[Adinda Ayu Puspita Kuncoro]]>;
<![CDATA[M. Syamsudin]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This research is based on the protection of consumers over the use of overclaims in skincare advertising that can harm consumers, such as overclaiming the percentage of content and the use of prohibited claims. This research discusses the legal protection of overclaims in skincare marketing and the responsibility for business owners who still use overclaim sentences. The research method used is normative research with statutory and conceptual approaches. Data collection is done by document study and interviews. The research data was analyzed descriptively qualitative. The results showed that business owner provide information on skincare products by using overclaim sentences as a result containing false advertising and not meeting consumer information standards in product sales. The use of overclaim sentences used in advertising skincare products results in contradiction with applicable regulations, such as consumer rights, business obligations, Article 3 paragraph (2) of BPOM Regulation Number 3 of 2022, and Article 3 of BPOM Regulation Number 32 of 2021. Business owners in the use of overclaims have clearly caused material losses in the form of losses to money spent and immaterial losses in the form of damage to the skin and emotional disappointment so that business actors must be responsible for these losses. The liability of business owners has been explained in Articles 19-20 of the GCPL, Articles 1365-1367 of the KUHPer, and BPOM Regulation Number 3 of 2022 explains the sanctions.]]>
<![CDATA[Perlindungan Konsumen Terhadap Pemberian Label Informasi Nilai Gizi Yang Tidak Sesuai ]]>
<![CDATA[Adhyasta Dwi Pangestu]]>;
<![CDATA[Siti Hapsah Isfardiyana]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This thesis aims to determine the form of legal protection for consumers regarding the right to information that should be obtained or obtained by consumers for violations committed by using nutritional value information labels (nutrition facts) that are not in accordance with the quality of food products. This research uses normative research, which focuses on examining the application of positive legal norms. The approaches used in this research are the statutory approach, the conceptual approach, and the case approach. The results of this research show that business actors still do not pay attention and there is a mismatch regarding the right to information and reality. Business actors who do not provide clear and correct information to consumers regarding the content contained in the food they produce cause business actors to violate the provisions in Article 4 of the Consumer Protection Law. Consumers who feel disadvantaged by business actors due to the content on the label not being in accordance with the quality of the product, the business actor can be held responsible based on Article 1365 of the Civil Code, Article 62 of the Consumer Protection Law, Article 97 of Law Number 18 of 2012 concerning food, and Government Regulation Number 69 of 1999 concerning Food Labels and Advertisements. Business actors as stated in Article 19 of Law Number 8 of 1999 concerning Consumer Protection are responsible for providing compensation for damage, pollution and/or losses to consumers resulting from consuming goods produced or traded in the form of refunds or replacement of goods of the same or equivalent value. In the event that consumers feel disadvantaged, they can take legal action in accordance with dispute resolution through court or outside court.]]>
<![CDATA[Pengaturan Perlindungan Hukum Atas Publikasi Data Pribadi Anak Korban Kekerasan Seksual Ditinjau Dari Prinsip Kepentingan Terbaik Bagi Anak ]]>
<![CDATA[Septya Hasna Rahmasari]]>;
<![CDATA[Syarif Nurhidayat]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The development of technology and the ease of obtaining information, spurred the level of curiosity of the community in exploring cases of sexual violence that occurred in children. These activities are actually not intended for negative things, but rather to channel sympathy and educate the level of vigilance of others. However, sympathy for the coercion of sexual activity has encouraged other parties to unknowingly publish excessive personal data of child victims, so that legal protection is needed that is oriented towards the best interests of the child. So, this research conducts a study related to the legal protection arrangements for the publication of personal data of child victims of sexual violence in terms of the principle of the best interests of the child. The research method used is normative legal research. The approach in this research is a conceptual approach to legislation (statute approach). Data collection techniques are carried out through library research. Analysis technique used is descriptive qualitative. In this study, the conclusions are obtained, first, arrangements related to legal protection of the publication of personal data of child victims of sexual violence have been regulated and found in 5 regulations. Second, based on a review of the principle of the best interests of the child which is derived in several indicators, these provisions are considered to have fulfilled but normatively still need to be strengthened in the form of new norms that are more specific to follow up on cases of publication of personal data of child victims of sexual violence.]]>
<![CDATA[Keabsahan Pembulatan Nominal Pembayaran Oleh Petugas SPBU Di Daerah DIY Menurut Hukum Islam ]]>
<![CDATA[Dewi Putri Mulyani]]>;
<![CDATA[Riky Rustam]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This research is motivated by the rounding of prices that occurs when filling up fuel at gas stations, where rounding of prices also occurs even though the rupiah denominations are still in circulation, such as Rp. 200 and Rp. 500. This research examines the legality of rounding nominal payments by gas station officers according to Islamic law and analyzes the legal consequences of rounding off nominal payments by gas station officers according to Islamic law. This research uses normative research using a statutory and conceptual approach. This legal research is descriptive in nature, the data collection method is library research, then analyzed using qualitative analysis methods. The results of the research show that to round off nominal payments against rupiah denominations that are still in circulation, you must first obtain permission from the buyer. Rounding off nominal payments by gas station officers according to Islamic law is a type of defective contract, so that there are two legal consequences of a defective contract, namely, the contract can be canceled and can be null and void by law. As a result of the flawed contract above, Islamic law regulates the rights and legal remedies for the buyer as the injured party in the transaction, namely the right of khiyar. The suggestion from this research is that gas station officers should be more fair in rounding prices by confirming with buyers before rounding prices.]]>
<![CDATA[Perlindungan Hukum Pemilik Objek Jaminan yang Dibebani Hak Tanggungan Terhadap Lelang Eksekusi ]]>
<![CDATA[Nirasnina Alya Usman]]>;
<![CDATA[Eko Rial Nugroho]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[Complex economic growth in Indonesia is increasingly needed to support people's lives, one of the method is through credit to channel funds from banks to the people. The credit granthing as the main agreement s a high risk action, so that a guarantee is required as an additional agreement for the legal protection of creditor. The process of implementing credit agreements does not always in the good way. However, legislation does not yet cover everything regarding explicit legal protection for resolving disputes that arise for various part inside and outside the credit agreement who are disadvantaged by the execution of mortgage guarantees due to bad credit. This research aims to find out the form of legal protection for owners of mortgage objects who do not provide approval in the credit agreement and the legal remedies that can be taken by owners of mortgage objects if they are harmed by a credit agreement and legal efforts that can be taken. The research method used in this writing is normative juridical with a statutory and conceptual approach. Data sources come from primary data and secondary data using library study data collection techniques. The resulting research is that legal protection has not been regulated explicitly and evenly for various part inside and outside the credit agreement who are harmed if the debitor breaches their contract resulting in bad credit with the execution of the mortgage guarantee, and the cancellation of the auction has not been clearly regulated if this has occurred. the process of executing the mortgage guarantee auction. Legal efforts that can be taken by the owner of the collateral object who suffers loss from the execution of the auction of mortgage collateral is by filed a resistance with the district court.]]>
<![CDATA[Penegakan Hukum terhadap Tindak Pidana Penipuan Melalui Media Sosial dan Perlindungan Terhadap Korbannya di Wilayah Daerah Istimewa Yogyakarta ]]>
<![CDATA[Taufik Langgeng Ardiansyah]]>;
<![CDATA[Ari Wibowo]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This research discusses law enforcement against criminal acts of fraud via social media in the Yogyakarta Special Region. This type of research is empirical legal research with a sociological approach. Data sources consist of primary data in the form of interviews and secondary data in the form of primary, secondary and tertiary legal materials. Data collection methods include interviews and literature study. The results of this research are, first, law enforcement against criminal acts of fraud via social media in the Yogyakarta Special Region, namely with preemptive efforts, preventive efforts and repressive efforts. In enforcing the law, the Yogyakarta Regional Police experienced obstacles, and data requests took a long time. Second, legal protection for victims of criminal acts of fraud via social media in the Special Region of Yogyakarta has two aspects, namely procedural and substantive. In the investigation process, victims' procedural rights must be fulfilled in the form of the right to be served fairly, the right to obtain information regarding the legal process, the right to be accompanied by a legal advisor, the right to provide information and evidence, and the right to receive protection and security.]]>
