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[Pengelolaan Lingkungan Pada Program Shrimp Estate Guna Pemenuhan Hak Atas Lingkungan Yang Baik dan Sehat ]]>
<![CDATA[Aditya Khrisna Murti]]>;
<![CDATA[Shafa Ataina Aurellia]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[Shrimp ponds are one of the contributors to river and sea environmental pollution, therefore one of the programs of the Ministry of Maritime Affairs and Fisheries with the Shrimp Estate Project is that if it is not managed with good management it will cause degradation of the river and sea environment. The aim of this research is to assess the extent of the impact of shrimp ponds on river and marine ecosystems. Apart from that, it is also to look at the concept of protecting and managing shrimp estates in order to fulfill the right to a good and healthy environment. This type of research is juridical-normative using literature studies from various sources of statutory regulations, national journals. From the existence of shrimp estates, from land clearing, waste and harvesting which are not managed with good management, it can cause damage to river and sea ecosystems which impact mangrove land, decreasing water quality. The results of this literature study highlight the importance of considering many aspects of a shrimp estate.]]>
<![CDATA[Konten Youtube Sebagai Objek Jaminan Fidusia Berbasis Pembiayaan Kekayaan Intelektual ]]>
<![CDATA[Ahmad Bahyj Gunawan]]>;
<![CDATA[Pandam Nurwulan]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This research aims to find out the youtube content that is used as an object of fiduciary guarantee based on intellectual property financing. The problem in this research is whether YouTube content can be used as a fiduciary guarantee and the criteria for YouTube content that can be used as a fiduciary guarantee. The research method used in this research is normative legal research. The research approach is statute approach, conceptual approach, and case approach. The legal materials used are primary legal materials and secondary legal materials. Based on the results of the research conducted, that youtube accounts can be used as fiduciary guarantees using intellectual property-based financing schemes provided that they meet specific criteria that meet the copyright (copy right) provisions that have been determined by youtube and are in line with Law No.28 of 2014 concerning Copyright. Meanwhile, the criteria for YouTube content that can be used as an object of fiduciary guarantee is YouTube content that meets the criteria for originality. This is the embodiment of ideas or the result of creativity generated from the creator's own mind, so that originality becomes a legal requirement that must be met so that a creation can obtain certainty of legal protection. Originality does not require novelty in a work, but it does require that a work is truly the result of the creator's thoughts/creation.]]>
<![CDATA[Tinjauan Yuridis Penyelesaian Perselisihan Hak (Upah) Antara Pekerja Dan Pengusaha Di Pengadilan Hubungan Industrial Pada Pengadilan Negeri Ygyakarta Kelas IA ]]>
<![CDATA[Al Syifa Indriyani]]>;
<![CDATA[Mustika Prabaningrum Kusumawati]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This research describes the practice of resolving workers/laborers' rights (wages) disputes with employers in the Industrial Relations Court at the Class IA Yogyakarta District Court. The aim of this research is to answer the following problems: First, to find out how rights (wage) disputes between workers and employers are resolved in the Industrial Relations Court at the Class IA Yogyakarta District Court. Second, the authority of the Industrial Relations Court at the Class IA Yogyakarta District Court to provide legal certainty regarding rights (wage) disputes between workers and employers in the City of Yogyakarta. The research method used is: normative-empirical. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. This research is descriptive analytical and qualitative data analysis. The results of the research show: First, there are many worker/laborer rights disputes due to non-payment of wages, in the resolution mechanism the Industrial Relations Court at the Class IA Yogyakarta District Court experiences problems in executing decisions. Second, the Industrial Relations Court is considered to have succeeded in exercising its authority as stipulated, in order to realize legal certainty for the parties.]]>
<![CDATA[Konsistensi Regulasi Pengupahan Di Indonesia Terhadap Keputusan Menteri Ketenagakerjaan Republik Indonesia Nomor 76 Tahun 2024 Tentang Pedoman Pelaksanaan Hubungan Industrial Pancasila (HIP) Pada Sektor Pengupahan Di Tengah Globalisasi Pekerjaan ]]>
<![CDATA[Alan Joan Saputra]]>;
<![CDATA[Ayunita Nur Rohanawati]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This research was motivated by the passing of the latest regulations issued by the Ministry of Manpower in the form of Ministry of Manpower Decree Number 76 of 2024 concerning Guidelines for Implementing Pancasila Industrial Relations (HIP) amidst the globalization of work in Indonesia. Considering the various existing labor regulations, many of them have not been able to resolve wage problems in Indonesia. This can be seen from the gap between das sollen and das sein in legal wage standards. The question is whether this harmony or gap shows that the stripping system in Indonesia is in line with the values of Pancasila or not. So what can be done with the ratification of Minister of Manpower Decree Number 76 of 2024 concerning Guidelines for the Implementation of Pancasila Industrial Relations (HIP) so that it can answer problems related to workers’ wages and whether the wage system in Indonesia is in accordance with the Pancasila philosophy. Thus, the formulation of the problem in this research is: First, how consistent is the wage regulation in Indonesia with the Indonesian Minister of Manpower’s Decree Number 76 of 2024 concerning Guidelines for the Implementation of Pancasila Industrial Relations (HIP) in the wage sector amidst the globalization of work. Second, whether wage policy in Indonesia is in accordance with the basic industrial relations philosophy of Pancasila. This research was carried out using a normative juridical research method which was aimed only at written legislation or other related legal materials. The results of the research conducted by researchers are that the role and cooperation between the parties involved in Pancasila industrial relations is still felt to be lacking and wage policies in Indonesia are in accordance with the basic philosophy of Pancasila industrial relations but reform is needed considering the very rapid changes in the wage sector in employment.]]>
<![CDATA[Perlindungan Hukum Terhadap Pemain Sepak Bola yang Dicederai oleh Pemain Lawan Secara Sengaja dalam Pertandingan Sepak Bola ]]>
<![CDATA[Alffian Andhika Fahlefi]]>;
<![CDATA[Riky Rustam]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[In football matches, there are often serious violations caused by the high and heated tension of the match. The high and heated tension sometimes causes losses for players, for example, there are players who are injured by opposing players in football matches. The problem studied is regarding the liability of players who injure other players in football matches and legal protection for football players who are intentionally injured in football matches. This research was conducted normatively through a legislative and conceptual approach. Based on the results of this study, it can be concluded that injuring other players is an unjustifiable act, both under lex sportiva and positive law, in addition, injured players also receive legal protection under lex sportiva and positive law and can file a lawsuit for unlawful acts. The government should make a clear separation of regulations between lex sportiva and positive law so that there is no overlap between lex sportiva and positive law and football players must be more careful and not take actions to injure other players. The referee must also be firm when football players start to commit serious violations.]]>
<![CDATA[Pemenuhan Hak Atas Informasi Konsumen Terhadap Produk Buah yang Mengandung Genetically Modified Organism di Yogyakarta ]]>
<![CDATA[Aldila Surya Orienta]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The research in this study aims to determine the right to consumer information on fruit products containing genetically modified organisms in Yogyakarta. The problems raised are how to fulfill the right to consumer information on fruit products containing genetically modified organisms in Yogyakarta and how are the responsibilities of business actors for fruit products containing genetically modified organisms in Yogyakarta. This study uses an empirical legal research type. Research data were obtained by searching for primary data in the field by conducting interviews with informants and by document/library studies. This analysis was carried out using the provisions of Law Number 8 of 1999 concerning Consumer Protection and by looking at the actual situation in the field. The results of the study indicate that business actors still do not pay attention and there are still consumer rights that have not been fulfilled, one of which is the right to information for consumers. There are still consumers who are harmed by business actors due to the content of genetically modified organisms (GMO) in the fruit products traded and there are still many supermarkets and ordinary fruit shops that trade fruit products without labeling their products. Business actors also refuse to take responsibility for losses suffered by consumers on the grounds that the error came from consumers who did not seek information or ask in advance regarding the products being traded.]]>
<![CDATA[Perlindungan Hukum Pidana oleh Sekolah dalam Mengatasi Perundungan yang Dilakukan Siswa (Studi Kasus di SMP Yogyakarta) ]]>
<![CDATA[Ananda Salsabilla Styaningrum]]>;
<![CDATA[Fuadi Isnawan]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[Bullying is not a new phenomenon; even today, it frequently occurs in both societal and school environments. Bullying encompasses not only physical violence but also verbal and psychological abuse. The aim of this research is to explore the objective conditions of legal protection for bullying victims in junior high schools in the Yogyakarta region. The research questions are: How does the school provide legal protection for bullying victims? What are the obstacles faced by schools in offering legal protection to children who are victims of verbal and physical bullying? This research is classified as empirical legal research, employing both sociological and normative approaches. This data was collected through literature review and field studies, including interviews with relevant sources. The results of this study produce data that forms of bullying can be categorized into three types: physical, verbal, and psychological. The legal protection that schools can offer to bullying victims includes preventive measures such as prevention, and responsive measures involving consequences, punishments, or sanctions.]]>
<![CDATA[Pengawasan Aparatur Sipil Negara Sebagai Upaya Preventif Pencegahan Tindak Pidana Korupsi Pada Instansi Bea Cukai ]]>
<![CDATA[Amar Surya Wicaksana]]>;
<![CDATA[Fuadi Isnawan]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[Supervision of Civil Servants as a Preventive Measure Against Corruption at Customs Agencies The focus of this study is on the preventive measures implemented by Customs agencies to combat corruption and the challenges faced in these efforts, particularly regarding cases of corruption involving individual employees. This research employs a conceptual approach, a method of legal analysis that assesses whether the applied legal concepts align with their foundational principles. Customs agencies undertake various preventive measures to prevent corruption, including internal control monitoring, employee supervision, gratification control programs, strengthening employee integrity, assistance with facility disclosures, and enforcement of internal compliance. To enhance integrity and prevent corruption violations, Customs collaborates and works with various parties. The obstacles to preventing corruption at Customs are not due to incorrect application or lack of evaluation. Instead, the primary issue lies with individual corruption cases, specifically gratification, which is carried out personally without involvement from other parties or agencies.]]>
<![CDATA[Kedudukan Tanah Kas Desa Setelah Berlakunya Peraturan Gubernur Istimewa Yogyakarta Nomor 34 Tahun 2017 tentang Pemanfaatan Tanah Desa (Studi di Kelurahan Argomulyo, Kapanewon Cangkringan, Kabupaten Sleman) ]]>
<![CDATA[Amanda Nurdiana Puspitasari]]>;
<![CDATA[Mukmin Zakie]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This research is motivated by the legal dualism that applies in the Special Region of Yogyakarta regarding village treasury land, namely national land law and special regulations. The aim of this research is to determine the position of village treasury land in Argomulyo Village. Kapanewon Cangkringan, Sleman Regency after the enactment of Regulation of the Governor of the Special Region of Yogyakarta Number 34 of 2017 concerning Village Land Utilization and the process of adjusting the certificate of use rights on land belonging to the Sultanate. This research uses empirical research methods, namely research that looks at law in real terms and how the law works. The approach method used is the historical juridical approach. The results of this research are that the position of village treasury land in Argomulyo Village, Kapanewon Cangkringan, Sleman Regency after the enactment of Yogyakarta Special Region Governor Regulation Number 34 of 2017 is still on state land based on the provisions of national land law. This is because the position of village treasury land has not yet been restored as land belonging to the Sultanate in accordance with its origins, so this regulation has not been implemented in its entirety. The process of adjusting the position is carried out by adjusting the certificate of use rights to be on land belonging to the Sultanate based on the verification report which states that the land object is the right of the anggaduh by affixing a note in the certificate recording column.]]>
<![CDATA[The Execution Of Additional Sanction In The Form Of Repair Due To Criminal Acts As An Effort To Restore The Environment Due To Environmental Crimes By Corporations ]]>
<![CDATA[Alika Asmir]]>;
<![CDATA[Mahrus Ali]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This research entitled "The execution of additional sanctions in the form of repair due to criminal acts as an effort to restore the environment due to environmental crimes by corporations" contains 2 (two) problem formulations, namely (1) What considerations does the public prosecutor make when filing additional sanctions in the form of repair due to criminal acts in a demand letter? (2) How is the implementation of the execution of additional sanctions in the form of repair due to criminal acts ? This research uses empirical legal research methods with normative juridical aspects. The data used is primary data using direct interviews and secondary data through literature studies which are then analyzed descriptively qualitatively with research subjects, namely a Prosecutor at the Prosecutors Office of the Republic of Indonesia. The results of the research show that prosecutors consider additional sanction in the form of repair due to criminal acts important to overcome environmental crimes and support sustainable development, because it directly addresses environmental damage. In contrast, corporate fines are not effective for environmental restoration. The execution of additional punishment in the form of repair due to criminal acts is often not optimal due to the lack of guideline regulation, the absence of time limits and coercive nature as well as the conversion of additional sanctions in the form of repair due to criminal acts into a sum of money.]]>
