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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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Pemenuhan Hak Atas Informasi Konsumen Terhadap Produk Buah yang Mengandung Genetically Modified Organism di Yogyakarta Aldila Surya Orienta
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 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.
Perlindungan Hukum Pidana oleh Sekolah dalam Mengatasi Perundungan yang Dilakukan Siswa (Studi Kasus di SMP Yogyakarta) Ananda Salsabilla Styaningrum; Fuadi Isnawan
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

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.
Pengawasan Aparatur Sipil Negara Sebagai Upaya Preventif Pencegahan Tindak Pidana Korupsi Pada Instansi Bea Cukai Amar Surya Wicaksana; Fuadi Isnawan
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

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.
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) Amanda Nurdiana Puspitasari; Mukmin Zakie
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

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.
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 Alika Asmir; Mahrus Ali
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

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.
Tinjauan Kriminologi dan Upaya Penegakan Hukum Tindak Pidana Kekerasan Seksual terhadap Perempuan di Derah Istimewa Yogyakarta (Studi di Kepolisian DIY) Amalia Warahafida; Ayu Izza Elvany
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 increase in cases in 2022-2024 in Yogyakarta has obstacles in the law enforcement process and high cases of sexual violence. This research examines the criminological review and law enforcement efforts of Sexual Violence Crime (TPKS) against women in the Special Region of Yogyakarta, to find out the factors that cause TPKS to occur in the Yogyakarta Special Police area and the efforts of the Yogyakarta Special Police in enforcing the law of TPKS against women in the Special Region of Yogyakarta. The research method used in this research is empirical legal research. The research approach used is a sociological approach. Based on the results of the research conducted, first, the factors causing the occurrence of TPKS against women in the Yogyakarta Special Police Region are psychological factors and are in accordance with the theory of differential association. Second, law enforcement efforts carried out by the Yogyakarta Special Region Police are preemptive, preventive, and repressive. However, it is necessary to evaluate preemptive and preventive programs and increase repressive efforts.
Desain Pemilu Ideal: Kedekatan Optimal dengan Implikasi Coattail effect Fyna Rahmatika Elba; Enika Maya Oktavia; Dimas Nur Akbar Palatal; Pinto Kaganti Afwan Halim
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

General elections are pivotal moments in the dynamics of a country's democracy, including in Indonesia. Elections involve various political parties coalitioning to nominate their leaders. This study compares the coattail effect's impact on the 2019 and 2024 elections. The research method employs a normative approach with comparative, conceptual, and historical analyses. Secondary data were collected from various sources. The results indicate differences in the coattail effect's impact between the two elections. Although the popularity of presidential candidates can influence the vote share of their supporting political parties, the effects are not always consistent. In the 2024 election, Prabowo-Gibran won the majority vote, but the coattail effect only occurred for their main supporting party. Conversely, in the 2019 election, PDIP and PKB experienced a more significant coattail effect. The analysis also suggests that the ideal electoral design with a coattail effect involves changing the electoral system to a closed proportional system and removing the Presidential threshold. This study is crucial for understanding the political dynamics within Indonesia's democratic system.
Urgensi Pembentukan Undang-Undang yang Mewadahi Lembaga Independen sebagai Perwujudan Green Election dalam Green Constitution Ismawati Septiningsih; Itok Dwi Kurniawan
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

Elections are a method of direct voting to elect leaders at the executive and legislative levels. This election concept is commonly found in countries with democratic government systems. There are various problems in this system. These problems include the accuracy of voter data, problems in logistics, and low community participation. There are various factors that underlie this problem. The election procedure in Indonesia which is still conventional is suspected to be one of the causes. In the last general election, which was held simultaneously, it resulted in many casualties. The problems that occurred in the use of the conventional method itself became a problem from the beginning of the formation of the KPU. Technological developments require people to be able to adapt quickly and the impact of the Covid-19 pandemic that attacks almost all over the world has clouded the atmosphere. As a result, people have to limit their activities at homeTherefore, we need a new method and procedure in organizing this democratic party. Green Election is an election method using technology as the basis. This concept is considered efficient because it reduces paper usage and is considered energy friendly. This is in line with Indonesia's commitment to protecting the environment. And in line with the SDGs concept agreed upon by various countries. However, the application of this concept also requires maturity related to existing infrastructure and technology. So that the application of this technology can be used optimally by the entire community
Implikasi Etika Penyelenggara Pemilihan Umum terhadap Penegakan Demokrasi di Indonesia: Sebuah Evaluasi Akhyaroni Fu’adah
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 study explores the violation of the Code of Ethics by the election management body and its effect on the democratic state. As a public official, the head of the General Elections Commission (KPU) should be cautious and aware of his actions. The head of the General Elections Commission (KPU) has gotten a sanction, namely a warning sanction, strict warning sanctions, and the last strict warning sanction. However, the Election Supervisory Board (DKPP) provided the verdict for Hasyyim Ash’ari is weaker compared to the former head of KPU. This action is considered a violation of the professionality and integrity principle. This research employed the normative legal method, focusing on the analysis of the legal documents, particularly in the context of the code of ethics. The statutory approach was adopted to study laws and regulations in a comprehensive manner. The findings of this study have a significant impact on democracy enforcement, as a result. This study proposes that the DKPP Law on procedural guidelines should be revised, such as providing decision-making methods.
The Urgency Of Criminalizing Illicit Enrichment And The Prospect Of Its Law Enforcement In Indonesia Fitri Maharani; Hanafi Amrani
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 UNCAC has regulated illicit enrichment in Article 20 as the acquisition of improper assets by public officials whose legitimate origin cannot be proven. Indonesia has ratified the convention, which imposes a mandatory obligation to regulate illicit enrichment as a criminal offense. However, until now, Indonesia has not yet criminalized illicit enrichment. This study aims to determine the urgency of criminalizing illicit enrichment and the prospects for its law enforcement in Indonesia. This research is normative legal research with descriptive qualitative data analysis. The results of this study show that the criminalization of illicit enrichment is important to do because of international obligations as a logical consequence of the ratification of UNCAC. Furthermore, the criminalization of illicit enrichment is an effort to reform the law, especially anti-corruption law enforcement in Indonesia, including the optimization of asset recovery mechanisms. The prospect of law enforcement that can be projected for the criminalization of illicit enrichment can be studied through the perspective of material criminal law which requires delict and sanction arrangements, as well as in the perspective of formal criminal law, which requires the LHKPN report as initial evidence, the application of reversal burden of proof, and NCB asset recovery.

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