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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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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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Abstract

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.
Urgensi Pengaturan Pidana Pencemaran Nama Baik dalam Perspektif Hak Asasi Manusia Emi Puasa Handayani; Zainal Arifin; Rinni Puspitasari; Noval Ghani Baihaki; Diana Kharisma
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 paper examines the urgency and potential of criminal regulation concerning defamation, focusing on the perspective of Human Rights (HAM). Defamation presents significant challenges to individual integrity, necessitating a legal approach that aligns with human rights principles. This study delves into the impact of criminal defamation regulation on personal freedom and explores regulatory methods that uphold high human rights standards. Through a thorough analysis of the need to protect one's reputation within the human rights framework, the paper highlights the essential role of human rights norms in shaping fair and balanced legal policies. Furthermore, it discusses the prospects of criminal defamation regulation, considering technological advancements and ongoing social changes, to ensure the protection of individual human rights remains relevant and effective in the modern era.
Perlindungan Hukum oleh Pemerintah dalam Kegiatan Pinjaman Online dan Arisan Online Yunita Dian Ashari; Nayla Sarachenita Arssya
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

Economic activity is shifting towards electronic transactions over time. This development has resulted in lending and borrowing activities, as well as social gatherings that were previously carried out in person but are now more convenient to do online. Technological advancements enable quick and easy access to cash funds online, and they are simple to manage. However, this convenience has significant social and economic consequences, including the emergence of new security and regulatory challenges. Online lending and social gatherings have significant social and economic implications, but they also present security and regulatory challenges. Further research is required to understand the legal relationship and resolution of legal consequences that arise during the implementation of online lending and online social gathering activities, because many debtors are unable to pay, and many social gathering participants are trapped in fictional social gatherings. This study considered the prevalence of crime in online economic activities such as online loan transactions and online social gathering transactions. Because there is no binding legal protection for organisers of online economic transaction activities, many people have fallen victim to these crimes. Consequently, concerns were raised about how online loan transactions and online social gathering transactions are community economic activities, as well as the existence of regulations and state protection for their practice in society. The answer will be investigated through normative legal research, which will employ both a statutory and a case approach based on engagement and legal protection theories. Finally, debtors and social gathering participants require guarantees, which can take the form of protection institutions or insurance.
Analisis Yuridis Perlindungan Hukum Terkait Jumlah Jam Kerja Bagi Remote Workers Di Indonesia Intan Azzahra Nur Salsabila; Raudha Maghfirolaita Wahyudi; Ayunita Rohanawati; Mukmin Zakie
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 aim of this research is to discuss the protection of the rights of remote workers in Indonesia. Legal protection for remote workers includes work agreements, wages, leave, working hours, protection regarding the right to wages, obtaining social security for employment, the right to occupational safety and health, and the right to organize or associate. There are two issues raised in this research, namely what regulations relate to worker protection for remote workers and what forms of protection relate to the number of working hours for remote workers. The research method chosen is juridical-normative legal research which uses a statutory approach and a comparative approach. The data used is secondary data by collecting primary legal materials and secondary legal materials. The results of this research show that there are still no regulations governing remote work so that legal protection for remote workers cannot be met.
Pendaftaran Merek Kolektif Sentra Gudeg Wijilan Di Kota Yogyakarta Ditinjau Dari Undang–Undang Nomor 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis Sherina Puspita Salsa Bela; Shakira Wandari Putri; Sheila Noor Baity; Budi Agus Riswandi
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

Yogyakarta City is an area known as a tourist destination for tourists who have culinary tourism attractions, one of which is gudeg. Gudeg as an icon as well as a typical culinary of Yogyakarta City is also preserved by the community and supported by the Government with the establishment of gudeg industry centers, including the Wijilan Gudeg Center as a popular gudeg culinary tourism center. Although known as the Wijilan Gudeg Center, the fact is that most gudeg traders in the area have not registered their brands with the Ministry of Law and Human Rights through the Directorate General of Intellectual Property Rights due to the lack of knowledge of gudeg traders regarding the importance of legal protection for gudeg brands. The method used in this study is the empirical juridical method through a statute approach which is then analyzed using descriptive analysis. The results of the study indicate that gudeg traders in the Wijilan Gudeg Center area have the potential to register brands collectively which are used as an alternative to legal protection for brands for gudeg traders according to Law Number 20 of 2016 concerning Brands and Geographical Indications.
Gagasan Pengaturan Artificial Intelligence Sebagai Subjek Hukum Di Indonesia Nada, Fatimah; Abqori, Favian Faruq; Fatimah.RH, Dinda Ratu Nur; Rahadiyan, Inda; Riswandi, Budi Agus
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 explores the possibility and concept of regulating Artificial Intelligence (AI) as a legal subject in Indonesia. With rapid advancements in AI technology, AI can perform tasks requiring human-like intelligence, raising questions about its legal status. In some countries, AI has been used to assist in resolving legal issues, demonstrating its potential to be considered a legal subject. In Indonesia's positive law, legal subjects currently include humans (natural persons) and legal entities (legal persons). However, since AI can perform actions that resemble or replace human work, AI is considered to have rights and obligations that need to be regulated by legal norms. This study uses a normative juridical method to analyze existing regulations and the potential regulation of AI as a legal subject. The results show that although AI has significant capabilities, regulating AI as a legal subject faces considerable challenges. The study concludes that regulating AI as a legal subject in Indonesia requires in-depth study and multidisciplinary discussion. Appropriate and balanced regulations are needed to protect the rights and interests of society in this digital era, given that AI continues to evolve and has the potential to bring significant changes in various sectors of life.
Pemungutan Pajak Penghasilan terhadap Jasa Endorsement Konten Kreator Digital Tiara, Intan; Huzaifah, Zihan; Novikasari, Siti Rahma; Huda, Ni’matul
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 today’s digital age, endorsement has become one of the main sources of revenue for many digital content creators. Service endorsement is one of the strategies of entrepreneurs to promote their products so that they are known and can enhance marketing. The increasing number of users of this endorsement service make the revenue earned by the digital content creator can be categorized large. However, many digital content creators are unaware of their position in tax law as well as the tax obligations they have. Based on the findings of the tax non-compliance, the researchers looked at two legal issues, namely, first, what is the obligation of the digital content creator to tax the proceeds of endorsement service? Second, how is the tax collection mechanism for endorsement service in Indonesia? This research uses empirical juridical research methods with a conceptual and statutory approach. Primary data was obtained by distributing questionnaires to 8 (eight) digital content creators, and secondary data was obtained by literature study. Analysis of legal material using descriptive-qualitative methods. The result of the study concluded, first, that the digital content creator has met the subjective and objective requirements of income tax so that it is a taxable income and attached to it obligations–in the field of taxation. Secondly, under the digital content creator income tax act, at least 3 (three) norms are imposed, namely the self assessment system method and Article 17 tariff on digital content creator whose income is not deducted from tax by the user of the service, with the method of withholding tax system of Article 23 for the content of digital creator under the umbrella of the agency, and Article 21 tax system when the service user pays and deduces the income tax digital content creator directly.

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