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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 bagi Kreditor terhadap Jaminan Hak Tanggungan yang dinyatakan oleh Pengadilan tidak Mempunyai Kekuatan Hukum Ica Hanuun Lituhayu; Nurjihad
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 find out the legal protection and legal remedies that can be tidaken by creditors against mortgage guarantees declared by the court to have no legal force. This study uses normative research methods with secondary data as well as legal regulations and a case approach. The provisions in Article 1131 of the Civil Code provide legal protection regarding the consequences of mortgage guarantees which are declared to be invalid, namely general guarantees. The legal action that can be tidaken by creditors is that if the debtor is in default, they can file a civil lawsuit against the debtor's other assets in accordance with the provisions of Article 1131 of the Civil Code and also file an additional claim for confiscation, namely confiscation of collateral (conservatoir beslag) based on the provisions of Article 227 paragraph (1) HIR. Recommendations that can be given in this research are the 5C principle needs to be carried out by banks to analyze before providing credit to their customers. The Indonesian National Land Office as an institution that issues Mortgage Rights Certificates and Land Ownership Certificates should be more careful, accurate and thorough in administering land rights.
Stranger in A Strange Land: Is Indonesia’s Limited Dual Citizenship Policy Antiquated? Nur Gemilang Mahardhika
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 United Nations identified them as part of the “international migrants” movement; they call themselves the “Indonesian Diaspora” – a lingering name to which the public’s ears have become rather acquainted with. Born in 2012, the Diaspora crusade vined through all odds that one specific Presidential Regulation on their account was enacted in 2017. The Regulation defines the composition of Indonesian Diaspora to include not only Indonesian nationals living abroad but also ‘foreigners’ who once bore the Indonesian citizenship status as well as the descendants of these two groups. Nonetheless, on one certain matter, both international communities as represented by the UN and the Diaspora itself appear to share a common belief: that the international migrations contribute greatly in national development and economic growth of the migrants’ origin country. However, such contributions are also believed to have not been requited by sufficient support from the origin country (in this case, Indonesia) or at the very least, by ease of administrative affairs in the running of their lives. Over the seas, these Indonesians face challenges for being Indonesians, instead of bearing the citizenship status of their residing country – even when they have pocketed the (permanent) resident’s permit; while on the Indonesian soil, they face hardship for being away too long that they have to forfeit their Indonesian ID card. Although releasing the Indonesian citizenship status and embracing that of their habitual residence might seem like one of, if not the only, viable options, one just simply cannot cut the cord that connects them to their Motherland. For some, returning home a stranger is too great an ache to bear. To ease the pain, Indonesian Government conjured a Limited Dual Citizenship policy granted to the children of mixed marriage between an Indonesian parent and their foreigner spouse. An immigration service in the form of affidavit is also given from this scheme. The system has worked for quite some time, until further difficulties arise. Now the Indonesian Diaspora has once again pleaded for actual dual citizenship instead of limited one. Hence, this writing serves as a response to the plea. The discussion explores whether Indonesian policy on Limited Dual Citizenship has reached its due and most importantly, addresses whether national defence and security issues really have become an outdated rationale to oppose the long-desired notion. This writing is wrapped by comparing circumstances surrounding Indonesia with two states: one that adopts the dual citizenship policy, being Australia; and one that firmly rejects it, being Japan.
Implikasi Pasal 20 dan 21 Undang Undang No. 27 Tahun 2022 tentang Perlindungan Data Pribadi terhadap Bank dalam Pemrosesan Data Biometrik Nasabah Syarifah, Annisa; Ananda, Alya; Azzahra, Zaskia; Rakhmawati, Catur Septiana; Nurjihad
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

Pembukaan rekening bank seringkali mengharuskan nasabah memberikan data pribadi, termasuk data biometrik. Penelitian ini menyoroti dua masalah utama: Bagaimana implikasi Pasal 20 dan Pasal 21 Undang-Undang Perlindungan Data Pribadi terhadap bank dalam pemrosesan data biometrik nasabah, serta urgensi kepatuhan tersebut terkait hak privasi individu. Metode penelitian normatif digunakan dengan pendekatan perundang-undangan, konseptual, dan perbandingan. Hasil penelitian menunjukkan bahwa bank belum mematuhi Pasal 20 dan 21 UU PDP. Bank tidak meminta izin eksplisit dari nasabah sesuai Pasal 20 UU PDP dan tidak memberikan informasi lengkap sesuai Pasal 21 UU PDP, seperti legalitas, tujuan pemrosesan, jenis data, jangka waktu retensi, rincian informasi, jangka waktu pemrosesan, dan hak subjek data. Kepatuhan terhadap Pasal 20 dan 21 UU PDP penting untuk melindungi keamanan data nasabah, menghormati hak privasi, dan menjaga kepercayaan nasabah terhadap bank
Kekerasan Seksual dan Kebiri Kimia dalam Perspektif Undang-Undang Nomor 1 Tahun 2023 Isyana Kurniasari Konoras
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 chemical castration penalty for perpetrators of sexual violence in Law Number 17 of 2016 concerning the Determination of Perppu Number 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection has been cancelled and declared invalid according to Law No. 1 of 2023 concerning the Criminal Code. This means that the President who approved, made, and signed it also revoked it and declared it invalid. There are two important aspects of the repeal of this provision, namely its relation to human rights and its relation to the provisions in Law No. 1 of 2023, which places it as a morality crime. From this point of view, the formation of statutory regulations receives an important place and attention. Community rejection of the provision of chemical castration is normal because there could be two victims. The study of the process of victimisation or multiple victims in criminal justice becomes complete in the context of how this process occurs in criminal justice institutions. Thus, law is not a text that exists in an empty space; law can only be meaningful if it is ‘spoken' in concrete events in society. The purpose of this writing is to describe legal dynamics through the formation of new laws, both those that are already in effect and those that will be implemented as anticipatory legal products in the future in the context of sexual violence. This must also consider the ability of law enforcement to respond to incidents related to sexual crimes through the media. electronic. This research is normative research. Normative research is a legal research method carried out by examining library materials. The results of this article conclude that the current regulations regarding sexual violence only rely on the provisions in Law No. 12 of 2022, Law No. 23 of 2004, the Criminal Code, and others, and as positive law is very dependent on aspects of law enforcement. Therefore, law enforcement officials must truly uphold the law and justice.
Perubahan Sistem dan Praktik Hukum Pidana Indonesia Sebagai Akibat Berlakunya KUHP Baru Sulistyani Eka Lestari; Fanny Tanuwijaya; Ferdricka Nggeboe; Asmak ul Hosnah; Deni Setya Bagus Yuherawan; Joice Soraya
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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With the enactment of Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code), there will be legal implications for several important aspects, namely the source of criminal law, the criminal justice system, and the practice of criminal law. This article aims to analyze predictions of implementing these 3 (three) aspects related to the provisions of Article 1 paragraph (1) and Article 2 of the New Criminal Code. In principle, Article 1 paragraph (1) of the New Criminal Code regulates the Principle of Legality, and Article 2 of the New Criminal Code regulates the existence and application of laws in society. The legal issue in this article is the potential difficulty of implementing 'living law'. It is necessary to substantially analyze several substantial things about the existence of the criminal law system and the criminal justice system that was formed with the enactment of Article 2 paragraph (1) of the New Criminal Code, as well as the potential juridical obstacles that exist in legal practice, with the existence of the newly formed criminal law system. This article uses legal research methods and doctrinal research types. This research uses a statutory approach and a conceptual approach. Analysis of legal materials uses prescriptive analysis with authentic and systematic interpretation. The analysis is intended to develop legal arguments regarding the juridical obstacles to enforcing 'laws that live in society.
Menelisik Prinsip Beneficial Ownership dalam Kebijakan Pembaruan Hukum Pidana Subaidah Ratna Juita; Efi Yulistyowati; Supriyadi
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 principle of beneficial ownership relating to criminal acts committed by corporate administrators is something that is relatively new in Indonesia, so it is interesting to analyze. Analysis regarding this matter cannot be separated from the policy of reforming criminal law with criminal liability for corporations which has been formulated in Law Number 1 of 2023 concerning the Criminal Code and has become a reference and refinement in special criminal law provisions. The focus of this research is related to the development of criminal law policy, especially regarding the principle of beneficial ownership. Beneficiary Ownership is of particular concern because often in law enforcement related to criminal acts committed by corporations, these Beneficial Owners are not touched by the law. The aim of the research carried out by the author is how to identify parties who can be qualified as beneficial owners and what the criminal liability of these beneficial owners is in crimes committed by corporations. This research uses a juridical-normative approach as the main approach. The main object of this research is secondary data which includes primary legal materials and secondary legal materials. Meanwhile, data analysis was carried out using qualitative analysis methods. The results of the discussion of the problems in this research show that there is a close relationship between beneficial owners (Beneficiary Ownership) and corporate legal actions as legal subjects, often beneficial ownership through orders to corporate management to carry out legal actions in their interests. The legal actions carried out by the corporate management reflect the actions of a corporation so that all its implications can make the corporation a legal subject that can be held criminally liable.
Perluasan Tanggungjawab Hukum Rumah Sakit Setelah Berlakunya Undang-Undang No. 17 Tahun 2023 tentang Kesehatan Prilian Cahyani; Astutik; Yunita Dian Ashari; Nayla Sarachenita Arrsya
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 was motivated by changes in regulations regarding the responsibility of hospitals as corporations for losses resulting from negligence of health human resources in hospitals. UU Number 17 of 2023 concerning Health which was ratified on August 8 2023 was prepared using an omnibus law system. Several changes have occurred, one of which is the regulation of hospital legal responsibilities. As a result, legal issues arise regarding the expansion of the hospital's object of responsibility as a health services business entity for losses resulting from negligence. The aim of this research is to analyze the impact of changes in hospital responsibility arrangements on losses due to negligence of health human resources in hospitals. This research is normative juridical research using a statutory approach and a conceptual approach. The results of the research are changes in regulations regarding hospital legal accountability for hospital health workers as regulated in Law Number 44 of 2009 concerning Hospitals, which was later amended by the Health Law, means that the objects of responsibility of hospitals are expanded to include medical personnel, health personnel, and supporting personnel or supporting personnel called health human resources.

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