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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 37 Documents
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Search results for , issue "Vol. 2 No. 4 JULI 2024" : 37 Documents clear
Perbandingan Hukum Negara Indonesia dan Arab Saudi Mengenai Tindak Pidana Kekerasan Seksual Sarah Nur Izzati; M. Yusuf; Hermanto Harun; Kurnia Saputri; Ahmad Husairi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Sexual violence is one of the conventional criminal offenses that has become a topic of discussion in the community. In this issue, the Criminal Code regulations are the main reference point for legal practitioners to catch perpetrators of sexual violence crimes. The crime of sexual violence is regulated primarily in Law no. 12 of 2022 concerning Crimes of Sexual Violence and Article 6 of the Law on the Eradication of Violent Crimes in the Kingdom of Saudi Arabia. Based on this, the researcher seeks to compare and analyze more deeply the regulation of the crime of sexual violence in the laws of Indonesia and Saudi Arabia. So that the topic of the problem is known through comparative efforts made against the two countries to enforce the law against the problematics of the crime of sexual violence. This research uses normative juridical research methods, by examining various problems based on theories, concepts and legal norms that apply in the crime of sexual violence, using library research, and data collection techniques carried out through document studies, so that conclusions can be drawn. So that it can be concluded that the similarities of the two articles are about sexual crimes and there is an element of coercion where Indonesia and Saudi Arabia, have laws that regulate sexual violence as a criminal offense. The analysis of the difference issues is in the realm of (1) Cultural and Religious Context, (2) Sanctions and Punishment, (3) Eradication and Prevention, and (4) Legal System.
Maraknya Catcalling (Pelecehan Verbal) Ditinjau dari Perspektif Hukum Pidana dan HAM Mochammad Alfin Ramdhan; Ismail Marzuki; Bagus Wibowo; Zainal Arifin; Rinni Puspitasari
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Sexual harassment is an action or behavior that contains sexual elements that the victim does not want. Sexual harassment itself has a vast scope, for example in the form of writing, both physical and non-physical (poking, touching, caressing, hugging, and so on), displaying something that contains pornographic/dirty elements, indecent assault, or coercion. One example that is currently widespread is catcalling, namely verbal sexual harassment against women. Recently, it has been in the spotlight because of the many unpleasant incidents that happen to women. Until now, catcalling itself is still considered a common thing in society so that the perpetrators themselves are never given a deterrent effect, even though catcalling can also include verbal harassment which can be interpreted as the act of saying pornographic/sexual or flirtatious or itchy words. This sassy nature causes feelings of discomfort in someone who is the victim of harassment, even if it is just a joke. The research method used is a normative juridical and literature study, by analyzing a legal problem through statutory regulations, literature, and other reference materials. The formulation of the problem found in this research is firstly, does catcalling fulfill the elements of a criminal act of sexual harassment in terms of criminal law and human rights (HAM) in Indonesia and secondly, what is the purpose of this legal trap? perpetrators of catcalling crimes.
Implikasi Hukum Pidana dan Hak Asasi Manusia terhadap Praktik Euthanasia di Indonesia Joice Soraya; Deni Setya Bagus Yuherawan; Galih Setya Refangga
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The general principle of the Criminal Code (KUHP) regarding issues of the human soul is to protect human rights to life and dignity. So, under Indonesian law, euthanasia is a legal crime. One major issue raised in the article is how the practice of euthanasia is viewed from a human rights perspective, as well as the implications of criminal law and human rights for euthanasia in Indonesia. The goal of this writing is to identify and analyse the practice of euthanasia from a human rights standpoint, as well as to explain and analyse the implications of criminal law and human rights on euthanasia in Indonesia. This study takes a normative juridical approach, specifically doctrinaire legal research that refers to legal norms. As a result, this study relies heavily on secondary sources with a legal and theoretical background. This research takes both a statutory and a conceptual approach. The research results show that, from a human rights perspective, the practice of euthanasia is in direct conflict with several articles of the 1945 Constitution that regulate human rights, namely Article 28A, Article 28G paragraph (2), and Article 28I paragraph (1), as well as Law Number 39 of 1999 concerning Human Rights, Article 4, Article 9 paragraph (1), and Article 33 paragraph (2). Euthanasia is a crime against people's lives that is regulated under criminal law.
Nilai Hak Asasi Manusia dalam Penegakan Hukum terhadap Anak Pelaku Tindak Pidana Sukardi; Q. Zaman, MSI
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research aims to examine the implementation of human rights (HAM) protection for children who commit criminal acts in the law enforcement system in Indonesia. The research problem is how to protect the human rights of children who commit criminal acts in the law enforcement system in Indonesia. The research method uses qualitative normative legal research by analyzing legal doctrine and related laws and regulations.  The research method used is qualitative normative legal research, namely reviewing various statutory regulations and related literature to understand legal rules and their implementation in the field. The research results show that from a juridical-normative perspective, the protection of children's human rights is regulated in various national and international laws and regulations. However, there are several challenges in implementing it in the field, such as limited understanding of legal authority, facilities and implementing regulations. For this reason, it is necessary to strengthen socialization, legal framework and implementation facilities, as well as continuous evaluation in order to realize universal protection of children's human rights.
Pancasila sebagai Paradigma Politik Pembaruan Hukum Pidana Nasional Rossa Ilma Silfiah; Heppy Hyma Puspytasari
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Criminal law politics, also known as national criminal law reform policy, is an integral part of social policy in general. This is because the existence of criminal law is heavily influenced by social changes in society. The state must monitor social changes to ensure that they remain within the boundaries of Pancasila ideology. Pancasila is a forum for living together for Indonesia's diverse nation so that it remains closely bound as a united nation, Bhinneka Tunggal Ika. Pancasila appears in the Preamble to the 1945 Constitution, which declares Indonesia's independence. As a result, the current Criminal Code in Indonesia must be updated to reflect the reform era. Several articles have also undergone changes, with the government making additional provisions regarding specific articles. As a result, comprehensive reform is required to ensure that criminal law can achieve its goals, which are to protect society and promote social welfare. Using normative methods, this study investigates Pancasila as a paradigm for determining the direction of criminal law policies. It also employs a policy-oriented and a value-oriented strategy. Because Pancasila is a national and state ideology.
Problematika Hukuman Mati di Indonesia dalam Perspektif Hukum Pidana dan Hak Asasi Manusia Ahmad Husairi; Devrian Ali Putra; Nerisma Eka Putri; Sarah Nur Izzati; Kurnia Saputri
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

In this era of reform, the death penalty remains a highly controversial issue and a matter of serious concern, prompting various approaches from legal experts and practitioners. Decisions to execute the death penalty for certain criminals are influenced by social initiatives and law enforcement efforts aimed at enhancing social welfare. Regarding the death penalty, there is a stigma that generates both pro and con opinions, related to the concept and realization of human rights. Therefore, researchers are interested in delving deeper into the issue of the death penalty in Indonesia from the perspectives of criminal law and human rights.In this study, researchers employ a normative juridical method, focusing on specific subjects for analysis, namely conducting regulations-based analysis using library research. The theory of punishment is used as a theoretical framework, leading to findings that the death penalty fundamentally entails depriving someone of their right to life and causing physical suffering, which contradicts Article 6(1) of the International Covenant on Civil and Political Rights and Article 3 of the Universal Declaration of Human Rights, as well as the shift from classical criminal justice systems focused on retributive justice to modern criminal justice systems oriented towards collective, restorative, and rehabilitative justice. The existence of the death penalty is considered a violation of an individual's right to life, as this right is deemed a gift that must be respected. Article 1 of Law Number 39 of 1999 concerning Human Rights, which acknowledges the rights of every individual in their entirety, affirms that human rights exist in Indonesia.
Relasi Kebijakan Kriminal dan Hak Asasi Manusia dalam Upaya Penanggulangan Kejahatan Randy Pradityo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The state has the authority to regulate how social organisations' activities are coordinated and directed towards national goals. This power is wielded through the legal system, with the help of the government and all its agents. The most important thing a country needs is power, which manifests itself in its ability to regulate the population (society) that lives on its territory. One of these arrangements can be seen in the government's anti-crime initiatives. Crime prevention efforts can be seen in crime statistics prepared by the Central Statistics Agency (BPS). According to crime statistics, the number of crimes committed in Indonesia is on the rise. As a result, it is critical to conduct research to combat crime by investigating the relationship between human rights and criminal policy. This study employs the normative research method. The goal of this study is to provide a fair assessment of criminal policy and crime prevention efforts. This legal research used both a statutory and a conceptual approach. Aside from using criminal channels, Indonesia must tackle crime by developing non-penal policies based on crime statistics. This non-penal policy may take a technological, cultural, moral/educational, global, or international cooperation approach, as well as a scientific one. What must be understood is that all crimes are the result of economic factors such as poverty and others. As a result, the government or state is expected to be present before the crime takes place to ensure the protection of citizens' human rights.
Formulasi Perlindungan Hukum terhadap Korban Tindak Pidana Penguntitan Perspektif HAM Lisnawati; Zainal Arifin; Huzaimah Al-Ansori; Maria Febriana; Rinni Puspitasar
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Law is an important part of upholding justice for the protection of society thus the implementation of the law must provide benefits and usefulness to society so that the implementation of the law does not cause unrest and doubt in society. In this research, the author uses a type of legal research or what is more familiar in Indonesia, namely Normative Research through journal sources from various researchers. The research results show that legal protection for victims of stalking is substantial since stalking is a form of violence that can harm victims physically, mentally, and socially. Physically, stalking can cause injury and even death to its victims. Psychologically, stalking can cause anxiety, fear, stress, and depression in the victim. Furthermore, socially, stalking can isolate victims from their environment and cause them to lose self-confidence. In the Criminal Code and the Law, some articles can be linked to Stalking because they contain several elements of Stalking behaviour implicitly as in article 493 of the Criminal Code and article 317 of Law Number 1 of 2023. Considering the criminal aspects of the act explained previously, the act of stalking can be considered to fulfil the elements of a criminal act because stalking fulfils the aspects of human action.
Perbandingan Hukum Pidana Penelantaran Anak di Indonesia dan Belanda Nahdiya Sabrina; Aris Hardinanto
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Child neglect in Indonesia is a type of child abuse with quite high cases. The problem raised in this research is the absence of clear limitations regarding child neglect, as well as the absence of specific regulations related to sanctions for child neglect in terms of obligations for the education of children of compulsory school age. Law Number 20 of 2003 concerning the National Education System. The formulation of the problem in this research is how child neglect is regulated in Indonesian criminal law and Dutch criminal law, as well as how appropriate child neglect is regulated in Indonesian criminal law. The research method used in this research is the normative legal research method, through a statutory approach and a comparative approach. Analysis of legal materials is carried out using qualitative descriptive methods. The comparison of criminal law in terms of child neglect in Indonesia and in the Netherlands is that the Netherlands adheres to a strict codification system, however in the Netherlands, there are still special regulations regarding guarantees for children in terms of getting an education through registration at a school as well as criminal sanctions for those in charge of the child if these obligations were not carried out. Meanwhile, in Indonesia Law No. 20 of 2003 concerning the National Education System does not contain specific sanctions regarding not providing basic education to children of compulsory school age. Law No. 23 of 2002 and Law No. 35 of 2014 concerning child protection also doesn't specifically regulate sanctions for parties who do not provide basic education for children of compulsory school age, and there are no clear limitations to the term child neglect. -
Perlindungan Hak Asasi Manusia dalam Konteks Pelaksanaan Hukum Pidana Pers Zainal Arifin; Emi Puasa Handayani
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Protection of human rights (HAM) in the context of implementing press criminal law is a crucial issue that is developing along with the dynamics of development in society and technology. The existence of mass media as a means of information that has great influence is the focus in fulfilling and protecting human rights. Based on this background, this research questions three things, namely, first, what is the mechanism for applying criminal law in the context of mass media reporting. Second, what is the impact of criminal law policy on the protection of human rights in the practice of implementing criminal law. Third, what is the role of press freedom and media responsibilities in determining the boundaries between information protection and human rights protection. The method used is normative legal research, which involves collecting and analyzing legal data related to press criminal law regulations and policies. The main data sources include primary legal materials, such as statutory regulations, court decisions, and related laws and regulations. Apart from that, secondary data sources in the form of legal literature, scientific articles, and expert views are also used to strengthen the analysis. With this approach, it is hoped that this research can contribute to understanding the complexity of the relationship between press criminal law, human rights, and the dynamics of mass media in the context of press freedom and its responsibilities.

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