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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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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.
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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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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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
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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.

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