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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
Perlindungan Hukum Terhadap Penumpang Atas Pelanggaran Hak Kenyamanan, Keamanan dan Keselamatan di PT Garuda Indonesia Persero Andrea Citra Brilliantina; Retno Wulansari
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 is discuss about legal protection for passengers violations of their rights to comfort, security and safety at PT. Garuda Indonesia Persero. The problem in this research are regarding legal protection for passangers violations of their rights and legal responsibility protection of PT. Garuda Indonesia Persero for passangers whose rights are violated. This research used normative legal research, that used case approach and legislation. This research used qualitative data analysis. The results this research are first, the rights of comfort, security and safety of passangers are not full filled. Second, responsibility of airline towards passengers is not consistant with the services promised.
Perlindungan Hukum Bagi Tertanggung Atas Tindakan Agen yang Melanggar Asas Itikad Baik (Studi Kasus Agen PT Asuransi Jiwa Sinarmas MSIG (LIFE) Radya Rafi Setyawan; Retno Wulansari
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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The focus of the author in writing this thesis is the case that occurred on the behavior of insurance agents PT Asuransi Jiwa Sinarmas MSIG (LIFE) with several insureds as victims of insurance policy forgery and will aim to answer the problem : First, the form of legal protection for the insured on the actions of agents who violate the principle of good faith. Second, the legal responsibility of the insurer for losses due to unlawful agent actions. The research method used is normative juridical, with the approach method namely doctrine, legislation and empirical cases. The legal materials used in this research are primary, secondary, and tertiary legal materials. The technique of collecting legal materials is by literature study by reviewing and studying legislation and case studies. The conclusion of the research shows : First, legal protection for the insured has actually been regulated in Article 16 Paragraph 3 POJK Number 69 / POJK.05 / 2016, Article 29 POJK Number 1 / POJK.07 / 2013 and Article 28 paragraph 7 of Law Number 40 of 2014 concerning Insurance which in the article protects the insured as a weak party and has the right to claim compensation. Second, the legal responsibility of the insurer, which is obliged to submit and comply with the legal process on the complaint of several insureds as Decision Number : 101/PDT/2023/PT MND and 92/PDT/2023/PT MND and Article 1367 Paragraphs 1 and 2 of the Civil Code.
Perlindungan Konsumen Muslim Terhadap Pemenuhan Hak Atas Informasi Halal Pada Produk Kosmetik Impor Dalam Jual Beli Online di Aplikasi Shopee Putri Khisna Herawati; Indah Parmitasari
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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This study focused on the lack of clarity regarding halal information on imported cosmetics offered through the Shopee application, raising concerns about muslim consumer safety. The research problems is how to protect muslim consumers’ rights to halal information in the e-commerce transaction of imported cosmetic products on the Shopee application, as well as the responsibility of business actors for the distribution of imported cosmetic products without halal labels on the Shopee application. The research method adopted normative-juridical, by using a statue approach, case approach and conceptual approach. The kinds of data used for this research are secondary data, which includes primary, secondary, and tertiary legal documents, The data fro this research are collected by literature review, and then analyzed utilizing qualitative descriptive analysis method. According to the study’s findings, muslim consumers’ rights to halal information in the e-commerce transaction of imported cosmetics is not sufficiently protected by the Consumer Protection Law, the Halal Product Guarantee Law, and the Information and Electronic Transaction Law. The responsibility of business actors to compensate is absolute for the distribution of imported cosmetics without halal labels in the e-commerce transaction on the Shopee application, which causes losses to muslim consumers.
Perlindungan Data Pribadi Nasabah Tunanetra Dalam Mengakses Perbankan Alfan Rizky Ardhanta; Riky Rustam
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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Banking is a public service that can be accessed by all people, including the blind, but there are problems for the blind in accessing banking which causes the blind to be discriminated against. The problem formulation involves questions related to the problems of account ownership for blind customers and mechanisms for protecting the confidentiality of blind customer data in the banking sector. The research method used is a normative legal research method with a statutory regulatory approach and a conceptual approach. The research results show that there are problems for blind customers in accessing banking, namely limited accessibility, technical obstacles such as administrative problems due to not being able to sign, data security risks and inadequate legal protection due to the absence of an effective legal framework for the special needs of the blind. The legal protection mechanism for blind customers is by opening a joint account which is enhanced by being accompanied rather than represented in accessing banking, absorbing PTO into legislation, banking administration problems can imitate other countries such as Hong Kong, and using preventive and repressive protection. The suggestion in this research is to improve regulations that are effective, efficient and uniform to minimize the problems of blind customers in the banking sector by taking into account the special conditions of the blind. And the OJK together with Bank Indonesia need to review regulations to create a holistic legal basis for synchronization and improve digital education and literacy for blind customers, including the development of appropriate banking technology.
Perlindungan Hukum Bagi Seller di Aplikasi Shopee yang Akunnya Diblokir Sepihak oleh PT Shopee Amalia Alya Azhari; Indah Parmitasari
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

Buying and selling through the Shopee application in practice has a problem, namely the seller's account is unilaterally blocked by Shopee, it is done without the seller's knowledge and there is no notification about the seller's error, which results in harming the seller. The formulation of the problem in this research is the first, how is the legal protection for sellers in the Shopee application whose accounts are unilaterally blocked by PT Shopee? Second, can the unilateral blocking action by PT Shopee against business actors (sellers) be said to be an act against the law? The research method is normative legal research, with a statutory approach, case approach and conceptual approach. The data used is secondary data obtained by literature studies and analyzed with qualitative descriptions. The results of the research findings are first, legal protection for sellers in the Shopee application whose accounts are unilaterally blocked by PT Shopee is with preventive legal protection, namely the regulation that the implementation of the agreement must be based on good faith, propriety, and caution. While the protection of repressive law with lawsuits against the law filed by business actors. Second, the unilateral blocking action by PT Shopee against the seller (seller) can be said as an act against the law, because it has fulfilled the elements of an act against the law like Article 1365 of the Civil Code, namely the existence of an act against the law, the existence of mistakes, the presence of causes and consequences between loss and actions, and the existence of losses.
Pencabutan Hak Politik Mantan Narapidana (Studia Atas Jabatan Ketua Umum Partai Politik Anas Urbaningrum) Azimatu Anjeli; Jamaludin Ghafur
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

Revocation of political rights is an additional form of punishment given to former convicts. The form of revocation given is usually in the form of revocation of political rights to be elected to public office. Anas Urbaningrum is one of the former convicts who received an additional sentence in the form of revocation of the right to be elected to public office for 5 (five) years from the completion of the main sentence. However, Anas Urbaningrum now serves as General Chair of a Political Party. The main issues that will be reviewed in this research are related to how the concept of revocation of political rights is applied in Indonesia and related to whether Anas Urbaningrum, whose political rights have been revoked by the court, can occupy the position of general chairman of a political party or not. This research is normative legal research using statutory, conceptual and case approach methods. The research results state that political rights that can be revoked according to the Criminal Code are the right to hold office in general or certain positions as well as the right to vote and be elected in elections held based on general rules. Positions in general and certain positions have general meanings. The implementation of the revocation of Anas Urbaningrum's political rights should have a 5 (five) year hiatus from holding public office. The meaning of the right to be elected to public office in the Anas Urbaningrum decision, namely Supreme Court Decision Number 246 PK/Pid.Sus/2018, has a general meaning. Political parties are public bodies because their functions and objectives are related to the public interest. Thus, Anas Urbaningrum should not be able to hold the position as General Chair of a Political Party.
Perlindungan Hak Merek yang Terjadi Antara Gudang Garam Dengan Gudang Baru Atas Adanya Unsur Persamaan Pada Pokoknya (Analisis Putusan Mahkamah Agung Nomor 119PK/Pdt.Sus-HKI/Merek/2017) Mohammad Rezki Septiawan; Eko Rial Nugroho
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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The aim of writing this research is to determine the procedure for determining the criteria for similarities in the main elements of a well-known brand between Gudang Garam and Gudang Baru and to determine the impact of the Supreme Court Judge's considerations in deciding the dispute between the Gudang Garam and Gudang Baru brands in Supreme Court Decision Number 119PK/Pdt.Sus-HKI /2017. The research method used in this writing is normative legal research with primary legal materials, namely the Civil Code, Law Number 20 of 2016 concerning Marks and Geographical Indications; and Minister of Law and Human Rights Regulation Number 67 of 2016 concerning Trademark Registration, Minister of Law and Human Rights Regulation Number 12 of 2021 concerning Amendments to Ministerial Regulation Number 67 of 2016 concerning Mark Registration. This is motivated by Intellectual Property Rights (IPR) covering various elements, such as trademarks, geographical indications and product designs, which protect human creativity. In Indonesia, brands have developed since the 19th century, from producer identification to quality markers and psychological symbols. A registered trademark gives its owner exclusive rights and protects against infringement. Cases like PT. Gudang Garam vs. PR. Jaya Makmur shows the importance of brand protection and legal decisions in preventing misuse. The conclusion of this research is that the visual and conceptual similarities of the Gudang Garam and Gudang Baru brands mislead consumers. The Supreme Court's decision strengthens Gudang Garam's ownership of 79 registration numbers since 1979 in class 34. Strong evidence is needed for the plaintiff and improvements in the judge's consideration for a strong legal basis, especially when the trademark is being registered.
Pemulihan Hak Milik Atas Tanah Warga Urutsewu, Kebumen Dalam Perspektif Hukum Hak Asasi Manusia Muhammad Rizqy Rosi Mahardika; Eko Riyadi
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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In 2005, Indonesia officially approved the International Covenant on Economic, Social and Cultural Rights through Law Number 11 of 2005. Through this ratification, the state committed to not taking land arbitrarily which could deprive its citizens of their land ownership rights. Articles 36 and 37 paragraph (1) of Law Number 39 of 1999 also state that no one can be deprived of their property rights arbitrarily and against the law and revocation of property rights is only permitted by compensating for reasoneable and immediate losses. Even though the state's commitment to protecting land ownership rights has been acknowledged, in reality there are still difficulties in providing this protection to the community. An example can be seen in the case of the Urutsewu Community in Kebumen, which experienced land confiscation by the Indonesian Army. This research focuses on the state's restoration of land ownership rights to land arbitrarily confiscated by the Indonesian Army in the Urutsewu community. In its analysis, this research uses empirical legal research methods with a sociological approach. The sociological approach emphasizes the relationship between legal principles and norms and their implementation in empirical reality in the field and the legislative approach examines all laws and regulations related the legal issue being studied. This analysis is also applied to the reality of society which is the subject of discussion, taking into account social aspects in understanding the problem. The results of this research indicate that there has been no government effort to grant the Urutsewu community the right to recover land confiscated by the Indonesian Army.
Analisis Kebijakan Badan Tenaga Atom Internasional atas Persetujuan Pembuangan Limbah Nuklir Fukushima Berdasarkan Prinsip Kehati-hatian Tasya Fainurnissa; Sri Wartini
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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This research is motivated by policy International Atomic Energy Agency (IAEA) on approval of Japan's Fukushima nuclear waste. The aim of this research is to find out whether the policy regarding the approval of Fukushima waste disposal by IAEA is in accordance with the precautionary principle, and what are the legal implications of the policy IAEA against Japan in granting permits to dispose of Fukushima waste. This research method uses normative legal research, namely research that relies on applicable legislation and is related to the main problem. The approach method used in this research is the statutory method, the conceptual method, and the sociological method,. Data collection techniques were carried out through library study research methods and analysis techniques using descriptive analysis methods. With this method the author reached the conclusion in this research that IAEA has implemented the precautionary principle by implementing 10 international safety standards and processing nuclear waste using methodsAdvanced Liquid Processing System. Additionally, If there is a serious impact on the human and environment, Tokyo Electric Power (TEPCO) and Japanese government must be responsible.
Penerapan Prinsip Subrogasi Dalam Perjanjian Asuransi Pengangkutan Atas Kerugian Yang Disebabkan Oleh Pihak Ketiga Raden Rara Sayyidati Alfi Ilmiah Putri; Retno Wulansari
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 presence of insurance offers protection and protection to a business / business to handle a risk. Insurance has several principles to regulate the rights and obligations of both parties, one of which is the principle of subrogation. This principle regulates the provisions of third-party liability for the loss of the insured for the negligence of the third party. The research method is a type of normative law research with an approach method through a statutory approach (statue approach) and a conceptual approach that identifies existing principles or doctrinal views to generate new ideas related to the principle of subrogation in transportation insurance. The data collection technique used in this research is through the library research method consisting of books, scientific journals, papers, and relevant internet sources regarding the topics & themes in the research. The technical analysis in this research is descriptive-qualitative. Based on the results of the research conducted, it shows that the implementation of the principle of subrogation against third parties who cause losses to the insured presents several consequences and obstacles that will have an impact on the legal protection of insurance companies. Therefore, it is necessary to reformulate regulations regarding the principle of subrogation in insurance that can provide legal certainty for citizens.

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