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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 296 Documents
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Penegakan Hukum terhadap Tindak Pidana Penipuan Melalui Media Sosial dan Perlindungan Terhadap Korbannya di Wilayah Daerah Istimewa Yogyakarta Taufik Langgeng Ardiansyah; Ari Wibowo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

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.
Keabsahan Jual Beli Benda Virtual Melalui Sistem Gacha Dalam Game Online Rayhan Diokabilla Soewandi; Eko Rial Nugroho
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Many companies are currently trying to create games, both online and offline games because technology is developing very rapidly. These games also provide a purchase system in them. An example is a transaction to buy digital goods in a game using the gacha system. Gacha itself is a form of monetization strategy. The gacha system in this game includes various characters and certain items that players can obtain through this mechanism. This mechanism is carried out by players spinning or withdrawing gacha using game currency and then the results will be given randomly. So this research aims to analyze whether buying and selling in the game meets the buying and selling requirements in the Civil Code and to analyze how legal protection is when buyers make purchases using the in-game gacha system. Basically, a contract must be based on the agreement of the parties entering into the agreement and there is an element of uncertainty in the practice of buying and selling with this system. For these reasons, the author in this study chose the title "JUAL BELI BENDA VIRTUAL MELALUI SISTEM GACHA DALAM GAME ONLINE”.
Perlindungan Hukum Bagi Nelayan Sebagai Akibat Adanya Aktivitas Penambangan Pasir Laut Pada Proyek Reklamasi Makassar New Port (MNP) Sulawesi Selatan Daffa Raihan Fadha’il; Aroma Elmina Martha
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

In this research regarding the sea sand mining case that occurred on Kodingareng Island, Makassar, South Sulawesi, there were 3 main subjects with a total of 15 sources for interviews consisting of 13 fishermen, 1 Head Director of the Makassar Legal Aid Institute, and 1 Head of the Legal Division of the Forum for the Environment. Indonesia, South Sulawesi. The purpose of this research is to find out the legal protection that fishermen get from the consequences of sea sand mining activities at the Makassar New Port (MNP) South Sulawesi reclamation project and to find out the criminal law enforcement that can be given to fishermen as victims of the consequences of sand mining activities. sea at the Makassar New Port (MNP) South Sulawesi reclamation project. This research was studied using empirical juridical research methods using qualitative descriptive data analysis techniques. The results of the research and conclusions are based on the existing problem formulation, that legal protection for Kodingareng Island fishermen as victims and criminal law enforcement against sea sand mining activities do not operate in accordance with existing laws and legal principles, so that the fishermen and the people of Kodingareng Island still feeling the impact and losses to this day.
Legal Politics of Government Regulation on Creative Economy Implementation in Indonesia Bayu Mogana Putra
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This scientific work will focus on the legal politics of Government policy through the actualisation of creative economy arrangements stipulated in Government Regulation Number 24 of 2022 concerning the Implementation Regulations of Law Number 24 of 2019 concerning the Creative Economy. The purpose to be achieved in the preparation of this scientific work is to be able to know and understand the legal politics of the implementation of the creative economy ecosystem regulated through Government Regulations as an implementing regulation of the Creative Economy Law. The method used to achieve these objectives is to use normative research methods through a statutory approach by examining in depth the implementation of the creative economy ecosystem through the Creative Economy Government Regulation. Thus the study in this scientific work can reveal the philosophical, sociological, and juridical dynamics of creative economic arrangements related to the creative economy ecosystem which includes Creative Economy Financing, Facilitating the development of Intellectual Property-Based Creative Economy Product Marketing Systems, Creative Economy Infrastructure, Incentives for Creative Economy Actors, Government and / or Regional Government responsibilities and community participation in the development of the Creative Economy, and Settlement of financing disputes.
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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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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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.

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