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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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Antara Pemilu dan Etika: Batasan Kewenangan Presiden dalam Kontestasi Pemilihan Presiden di Indonesia Syaiful Bahri; Heri Fathumulloh
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Sometimes what is permissible legally may not necessarily be ethical. This is the focal point of scrutiny regarding the actions of the President in involvement in the presidential elections in Indonesia. Where a President essentially holds strong political power relations and can mobilize state machinery, thus when a President supports one of the candidate pairs in the presidential election contest, it raises a question of whether it is ethical within the framework of democratic ethics, even though there is no prohibition for a President to support a candidate pair in Law No. 17 of 2017 concerning Elections. This study uses a normative legal research method with a literature study approach. The methods used are legislative approach and conceptual approach. The results of this study explain that normatively the President has the right to campaign/support a candidate pair, but must comply with provisions, such as taking leave outside state responsibilities and not using state facilities and upholding the principles of democracy, justice, separation of powers, protection of human rights, freedom of the press, and legal compliance. However, ethically, even though permissible in legislation, the President inherently holds power as the Head of State and Head of Government. Therefore, a Head of State must be neutral and embrace all, so it is not ethical if the President supports one of the presidential candidate pairs.
Analisis Penyelesaian Perselisihan Hasil Pemilihan Presiden di Indonesia Prioni Rahmanda Saputri
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research is motivated by the Authority of the Constitutional Court in deciding disputes over the results of the Presidential Election in Indonesia. The Constitutional Court has the authority, including deciding disputes over presidential election results, to protect the constitutional rights of citizens, including the right to vote and be elected. Even though the election went smoothly, there was dissatisfaction which gave rise to disputes, which the Constitutional Court had an important role in resolving. This research aims to provide better insight into the role of the Constitutional Court in maintaining integrity and justice in the democratic process in Indonesia, as well as identifying the challenges and opportunities faced in resolving disputes over the results of the presidential election. The method used in this research is normative law with primary and secondary data sources. This research concludes that the discussion highlights the importance of the Constitutional Court (MK) in maintaining integrity and justice in Indonesian democracy. The Constitutional Court, as the front guard in upholding the rule of law and democratic principles, provides confidence that the presidential election is trustworthy and guaranteed to be fair by an independent institution. However, resolving disputes over the results of the Presidential Election faces obstacles such as political contestation and lack of compliance. Strong commitment, mutual understanding, and increased capacity of dispute resolution institutions and law enforcement are needed to overcome these obstacles.
Politik Perempuan dalam Pemilihan Umum Tahun 2024 dan Tantangan Menuju Kesetaraan Gender Anang Dony Irawan; Devi Mutiara Sanni; Desi Farika Ambarwati; Arin Vevi Ayu Putri Hermawan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research aims to analyze women's political rights and position in the 2024 General Election and identify the challenges faced in achieving gender equality. Women's rights and political position are the main focus, with an emphasis on their participation and representation in the political process in the 2024 General Election. The issue of women's representation is very important because many policies are considered not pro-women, such as the Draft Law on the Elimination of Sexual Violence and many more. Even though the quota has not yet been reached, this year the representation of women has increased. There needs to be special attention to the issue of women's representation in politics. The method used in this research is normative legal research with a statutory regulation approach. Data was collected from primary and secondary sources related to the political position of women in the 2024 General Election and the challenges towards gender equality. This is important to analyze in depth as a representation that women and men are equal, so that they have the same rights in the implementation process of the General Election. Continuous commitment is needed from all levels of society to achieve this goal. This conclusion emphasizes that to achieve gender equality in politics, integrated efforts are needed from various parties, including the Government, civil society, educational institutions and the media. Only with strong cooperation can we hope to create a more inclusive and equal political environment for women.
Rekonstruksi Penyelesaian Sengketa Pemilu dan Paradigma Hakim dalam Putusan MK Nomor 2/PHPU.PRES-XXII/2024 Aprilian Sumodiningrat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Disputes over General Election Results (hereinafter abbreviated as PHPU) are dispute resolutions in the Constitutional Court based on the authority regulated in Law Number 7 of 2017 concerning Elections and Law Number 24 of 2003 concerning the Constitutional Court. There are fundamental problems in PHPU Presidential Elections regarding the resolution of violations that are structured, systematic, and massive. This study has conclusions, namely: First, the majority of judges have a fairly moderate view in viewing the position of the Constitutional Court to examine and prosecute violations of a TSM nature. However, all three constitutional judges have a dissenting opinion that uses the original intent method of interpretation in interpreting the authority. Second, there needs to be an expansion of the meaning of structured, systematic, and massive violations, and regarding time limits in PHPU in the Constitutional Court to produce substantive justice.
Problematik Alat Peraga Kampanye: Penanganan Pelanggaran Pemilu dan Dampak Sampah Visual Mazdan Maftukha Assyayuti; Aulia Rachman Eka Putra; Dandi Dwie Lisadi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Campaign props for the 2024 election are still problematic, one of which is against installations that are not in accordance with the rules. This study aims to analyze: first, handling violations against the installation of campaign props; second, the environmental impact due to the emergence of campaign props waste; and third, the regulation of campaign props in other democracies. Statute approach and comparative approach become methodological in this study. Based on the results of this study, first, the handling of alleged APK installation violations by Bawaslu is only limited to clearly regulated APKs which are then issued recommendations and suggestions for improvement. Secondly, the environmental impact of APK garbage includes various negative aspects that affect not only the cleanliness and beauty of the city, but also the sustainability of the environment more broadly. Third, restrictions are needed on the installation and procurement of APKs so that all election participants have equal fairness over space.
Konsep Peran Serta Masyarakat Hukum Adat (MHA), Lokal dan Tradisional dalam Mengajukan dan Pembatalan Persetujuan Izin Kegiatan Penataan Ruang Terhadap Wilayah Pesisir dan Pulau-Pulau Kecil dalam Rezim Sentralisasi Saeful Kholik; Maret Priyanta; Nadia Astriani
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The enactment of the UUCK has an impact on the role of customary, local and traditional law communities in the implementation of spatial planning. Especially in terms of the right to apply for and cancel the approval of permits for spatial planning activities, where the change in phrase from the cancellation of the permit to the cancellation of the approval of conformity which causes a reduction in the rights of customary law communities and conflicts between groups in maintaining and managing coastal areas and small islands in Indonesia. Based on this, the problems are identified, including: 1. What is the impact of reducing the participation of customary, local and traditional law communities in submitting demands for the cancellation of spatial planning permit approvals for coastal areas and small islands. 2. What is the concept of the participation of customary, local and traditional law communities in submitting approval for spatial planning permits for coastal areas and small islands in the centralization regime. This research method is juridical-normative, namely examining the problems of social and regulatory symptoms. The results of the study state the concept of the role of MHA in the cancellation of spatial planning permits using the Bottom-Up system. Where local governments and districts/cities are the main doors to the cancellation and application for permits for the implementation of spatial planning. In addition, the authority of local governments must be given a larger portion to accommodate suggestions and opinions from MHA on the suitability of spatial plans.
Refleksi Satu Dekade Undang-undang Pencegahan dan Pemberantasan Perusakan Hutan Felix Aglen Ndaru; Pansos Sugiharto
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Forest destruction is a terrible problem which endangers forest sustainability in Indonesia. The government issued Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction which entered its tenth year on August 6, 2023. This article presents a reflection on the 10-year implementation of the law. The study focuses on evaluating the Law in investigation aspect using normative legal research methods. Research data was obtained from secondary data sources and observations and analyzed descriptively using literature study method. The study identifies the legal instruments, the substances of the Law after the Job Creation Law, analysis of the application of the criminal provisions by the Investigators, and the challenges in utilizing the Law. The analysis recommends a mechanism for handing over casefiles from investigators to the prosecutor for further investigations as well as reviewing the time limitation criteria for law enforcement and expanding the definition of "illegal use of forest areas" to include other typologies outside of plantations and mining.
Formulasi Polluter Pays Principle dalam Rangka Mengurangi Permasalahan Sampah Plastik di Daerah Istimewa Yogyakarta Rama Hendra Triadmaja; M. David Hanief
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The problem of plastic garbage is one of the environmental issues that is very difficult to solve, including in Yogyakarta Special District. It seems that the massive use of plastic by various parties is the main cause of the environmental problems. Therefore, there is a need for an instrument to prevent continued pollution, the Polluter Pays Principle. Implementation of the Polluter Pays Principle is expected to be able to reduce the issue of garbage and raise public awareness about reducing the use of plastic waste. This research aims to provide advice that can be used to reduce the issue of its original origin, i.e. the massive production and consumption of plastic garbage. This type of research is normative jurisprudence that is descriptive analytically using a statute approach, a conceptual approach, and a comparative approach. (comparative approach). The results of this study suggest that the Polluter Pays Principle needs to be formulated in order to reduce the overload of garbage that causes environmental pollution in Yogyakarta Special District. The Yogyakarta Special Territory Government can formulate the Polluter Pays Principle in the Regional Regulations as a legal instrument that can contain criminal sanctions for the parties who violate. The practice of implementing the Polluter Pays Principle has proven to be successful in reducing the dump in some countries can be a matter of consideration in the formulation of this principle.
Refleksi Implementasi Peraturan Gubernur Lampung Nomor 33 Tahun 2020 yang Menjadi Kontroversi Pemerintah Pusat dari Perspektif Teori George C. Edwards III Vitriana; Hartuti Purnaweni
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The issue of forest and land fires continues to be suppressed by the Government of Indonesia to achieve the target of 2030 FOLU Net Sink in order to realize the commitment to reduce greenhouse gas (GHG) emissions and sustainable development goal (SDG) No. 13: Climate Action. However, on the other hand, the Lampung Government issued a controversial regulation in 2020, was Lampung Governor Regulation Number 33 of 2020 concerning Management of Sugarcane Harvest and Productivity, which legalizes the practice of burning. With the case study method and literature review with the perspective of George C. Edwards III Theory, the implementation of the regulation is effective from the bureaucratic structure factor, but not the communication, resources, and disposition factors. After a request for formal and material objections, finally on March 19, 2024, by the Supreme Court Decision Number: 1P/HUM/2024, ordered the Governor of Lampung to revoke the regulation.
Tantangan Kebijakan Pemanfaatan Sampah Sebagai Solusi Sumber Energi Listrik Dalam Upaya Pengurangan Emisi Karbon di Indonesia Budi Hermawan; Muhammad Fadhil; Andi Shufiyah Qulub; Inas Affazul Muna; Si Yusuf Al Hafiz
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

PLTSa is an alternative solution to reducing waste and carbon emissions, however, the construction of PLTSa still causes problems so how can the policy of using waste as a source of electrical energy be implemented in Indonesia's efforts to reduce carbon emissions? This research is included in normative juridical research which focuses on using secondary data: primary and secondary legal materials. Based on the data used in this research, literature research uses a conceptual approach, a statutory approach, and a case approach. The research found that although PLTSa can be an alternative for dealing with waste and renewable energy problems, the construction of PLTSa installations as a source of electrical power still has social and environmental consequences and risks. Current waste management policies regard waste as useless waste rather than a resource that must be utilized. Therefore, it is important to pay greater attention to the use of PLTSa as a power generator in the environment, especially by paying attention to the quality standards for dioxins and furans produced by PLTSa.

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