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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 Dan Faktor Yang Mempengaruhi Terhadap Pelaku Tindak Pidana Politik Uang Dalam Pemilihan Umum Muhammad Alfata Birza; 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

One of the election criminal offenses that almost always occurs during general elections is money politics. Gakkumdu as an institution tasked with handling election crime cases will not remain silent. Gakkumdu has taken various preventive measures. The data released by Bawaslu shows that Gakkumdu's handling efforts have not been successful, so there are questions about Gakkumdu's performance and the problems he faces in enforcing the law on election crime violations, especially related to money politics. So how is law enforcement against perpetrators of criminal acts of money politics in general elections and what factors influence law enforcement of criminal acts of money politics in general elections The method used in this research is Empirical legal research because the subject of this research is an interview with the authorities in Bawaslu RI. The approach used is a quantitative approach using primary data, secondary data, and tertiary data. The results show that, first of all, Law No. 7 of 2017 concerning General Elections has regulated the procedures for handling criminal acts in the 2024 Elections through law enforcement of election crimes called Sentra Gakkumdu, consisting of elements of Bawaslu and or its ranks to the District Panwaslu, the Indonesian National Police and or its ranks to the Resort Police, and the Attorney General's Office of the Republic of Indonesia and or its ranks to the District Attorney's Office. However, in reality, the existence of the Gakkumdu Center does not make the law enforcement process for criminal acts in the 2024 Elections effective, because it turns out that many reports or findings of election crimes fail to be processed until examination in court due to disagreements between the three elements in the Gakkumdu Center as a result of unclear arrangements in Law No. 7 of 2017 on Elections Second, there are several reasons why Gakkumdu faces difficulties in handling violations of the criminal act of money politics. The first is the legislation factor. Second, law enforcement factors Third, community factors.
Parate Executie: In the Context of Principle of Proportionality and the Principle of Speedy Administration of Justice Ni Putu Paramita Dewi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 1 JANUARI 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Parate execution is a legal privilege granted to documents that are equivalent to court judgments, such as mortgage and fiduciary rights. However, with the existence of a judicial review through the Constitutional Court Decision 18/PUU-XVII/2019, there are juridical implications regarding the position of Parate execution. This review specifically focuses on Article 15, Paragraph (2) and Paragraph (3) of Law Number 42 of 1999 concerning Fiduciary Guarantees. On one hand, Parate execution can achieve proportionality by balancing the interests of both parties through the inclusion of a default clause before execution by the creditor. It also ensures equal treatment of documents equivalent to court judgments by following civil procedure law procedures. On the other hand, this may result in additional procedures that do not require court approval, potentially hindering the principle of speedy justice administration.Keywords: Parate Executie, Fiduciary Law, Mortgage Law, Executie, Speedy Administration of Justice
Aspects of Indigenous Law as the Spearhead of Law Implementation in the Environmental Field Maria Francisca M
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 1 JANUARI 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Local wisdom is a content of customary law and a valuable and ingrained heritage in every society, by continuing to preserve customary norms, and cultural values, which are passed down in the form of environmental management activities. Communities that still uphold local wisdom gain balance and live alongside nature. By upholding customary law, nature is given benefits by providing comfort in obtaining life materials from the environment because in that society they maintain the environment and prevent environmental damage. The advancement of technology has caused the loss of local wisdom resulting in barren forests and automatically killing springs, in addition to the river environment which has become dirty and unmaintained. This research is descriptive analytical and exploratory, to obtain an overview of customary law in local wisdom that can protect water sources and the river environment. As normative research, data is obtained through tracing legal documents. Return elements of customary law in community life to develop local wisdom. The principle of local wisdom is to synergize with nature so that the use of water resources is used sufficiently, not excessively, and provides prohibitions that aim to maintain the sustainability of water sources. By using sufficient water, the use of natural resources will also be used sufficiently by paying attention to prohibitions that aim to preserve the environment, in this case not clearing forests for plantations or settlements will automatically create sustainable forests and water sources will be maintained.Keywords: Environmental Sustainability, Indigenous Law.
Mekanisme Safeguard World Trade Organization dalam Kaitannya dengan Kedaulatan Pangan di Indonesia Nur Gemilang Mahardhika
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 1 JANUARI 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Indonesia faces serious food security issues, especially related to rice imports. Although Indonesia has great agricultural potential, domestic food production is not sufficient for domestic needs. This paper aims to analyze how the safeguard mechanism in the World Trade Organization (WTO) Agreement can be used to protect the interests of farmers and the domestic food industry. This study will discuss two core issues, namely how the safeguard mechanism is regulated in the WTO agreement and how the WTO safeguard mechanism can be applied to food import policies in Indonesia as a developing country. The results of this study are expected to contribute to national food policies and improve Indonesia's food sovereignty.Keywords: Food Sovereignty, Safeguard, World Trade Organization.
Posisi Indonesia Pada Organisasi Internasional: Peran Strategis Dalam Pembentukan Hukum Internasional Yustitianingtyas, Levina; Pratiwi, L.Ya Esty; Setyowati, Dewi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

International law functions as a foundation for relations between states and international organizations, and regulates various global issues such as human rights, peace and security. Indonesia, as the country with the fourth largest population and one of the main regional powers in Southeast Asia, plays a significant role in the development of international law. This legal writing focuses on the issue of the extent of Indonesia's contribution in participating in international organizations, and its role in drafting and implementing international legal norms. Indonesia has made many contributions to the international arena, namely in forming international agreements and global conventions, such as the UN Convention on the Law of the Sea (UNCLOS 1982) and the Kyoto Protocol. The legal writing method used is legal normative, with a conceptual approach and case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The results of this legal writing provide an answer that Indonesia has also implemented international legal norms into its national law and Indonesia's position or role in various international activities has been taken into account. This shows that Indonesia not only functions as an active participant in international policy making, but also as a driver of significant change in advancing the principles of international law. This contribution not only strengthens Indonesia's position on the global stage but also helps shape a fairer and more inclusive international legal order.
Kontestasi Hukum Internasional dalam Kebijakan Hilirisasi Indonesia Mery, Lisa
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research aims to analyze Indonesia's ability as a country to utilize various international legal instruments in initiating political, economic and social goals, the study identifies the substantive instruments used, the challenges faced and the implications of Indonesia's foreign policy. Normative research method by analyzing international law rules and case studies through international agreements that have been ratified by Indonesia. The research results show that International Law has a significant influence on the formation of national legislation, there are a number of challenges and opportunities because the application of International Law requires effective and rational implementation.
Penataan Kelembagaan Keamanan dan Keselamatan Maritim Indonesia Nugraha, Harry Setya; Grizelda
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research aims to unravel the consequences of the acceptance of the concept of Indonesia as an archipelagic state, because the increasing size of Indonesian waters triggers the responsibility of the state to ensure that its territorial waters are free from the threat of maritime challenges, disturbances and obstacles (ATGH). State institutions in Indonesia's territorial waters are currently multisectoral, which has led to widespread problems and negative impacts, because Indonesia's maritime security and safety institutions are not well organized. If left unchecked, Indonesia will not only be unable to play a role and contribute much to maintaining global maritime security and safety. It will also bury its dream of becoming the world's maritime axis. The three main issues in this research are how is the regulation of security and safety of marine areas in terms of international law of the sea? What is the urgency of structuring maritime security and safety institutions in Indonesia? What political policies can the government take to organize maritime security and safety institutions in Indonesia? The type of research used to answer these issues is a normative juridical research method with 2 (two) approaches, namely a statutory approach, and a conceptual approach. This research concludes that, first, the consequence of Indonesia's status as an archipelagic state gives Indonesia the authority to regulate its territorial waters in accordance with the provisions of UNCLOS 1982. Second, there are 3 (three) main reasons for the need for structuring Indonesia's maritime security and safety institutions. Starting from philosophical, sociological and political reasons. Third, the political policy that needs to be taken in order to organize Indonesia's maritime security and safety institutions is to form an Omnibus law on the Law on Marine Security and Safety or the Law on the Marine Security Agency.
Makalah: Ratifikasi Hukum Internasional dalam Penguatan Kebijakan Nasional Mengenai Preservasi Peninggalan Sejarah Nasional Arsetyo, Yulio Iqbal Cahyo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

"Indonesia is a country with a rich culture and historical heritage. However, this wealth is like a double-edged sword. On one hand, historical relics offer great opportunities for tourism, but on the other hand, conservation challenges such as funding and the theft of historical artifacts must be addressed seriously. To tackle this issue, Indonesia needs to make joint efforts with the international community through the ratification of international laws that can strengthen national policies related to the preservation of historical heritage. This research aims to analyze how international law can reinforce national policies in the conservation of Indonesia's national historical heritage. This research is qualitative with a normative juridical method. The results of the study indicate that the ratification of international legal instruments not only enhances international recognition but also brings support and protection guarantees for historical heritage objects at the international level."
Perlindungan Hukum Bagi Konsumen atas Pelanggaran Hak Informasi Penjualan Produk di Gerai Donat J.CO Indonesia Januarilla, Jahra’ Marwah; Wulansari, Retno
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study aims to analyze whether business actors in J.CO Indonesia outlets have fulfilled consumer rights and carried out their obligations as stipulated in Law No. 8 of 1999 concerning Consumer Protection. This study also examines the legal consequences faced by business actors if these obligations are not implemented, and examines the form of legal protection and responsibility of business actors towards consumers, especially in cases of violation of information rights. This study uses a normative legal method with a statutory approach and case studies. The case analyzed involves product promotions at J.CO Indonesia, where business actors provide unclear and misleading price information related to product packages. The analysis focuses on Article 4 letter c, Article 7, and Article 9 of the Consumer Protection Law, which regulate the obligations of business actors to provide correct, clear, and transparent information. The results of the study indicate that J.CO Indonesia business actors have violated their legal obligations by presenting misleading information to consumers, resulting in material losses and reducing consumer trust. This violation also violates consumers' rights to transparent and accurate information, as stipulated in Article 4 letter c. In addition, business actors have not carried out their responsibilities as stipulated in Article 19 of the Consumer Protection Law to provide compensation to consumers who have been harmed. Therefore, the conclusion of the study is that normatively legal protection for consumers related to the right to information is sufficient to protect, but in practice consumer rights are not fulfilled due to business actors who ignore their obligations to provide information honestly, clearly, and transparently which has an impact on material losses and reduces trust in business actors.
Penerapan Asas Iktikad Baik Pada Kontrak Elektronik Jasa Titip Tiket Konser di Media Sosial Rajavi, Zeta Kirana; Parmitasari, Indah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The principle of good faith is an important basis for implementing a contract. This principle aims to provide legal certainty for the parties so that contracts can be carried out fairly and without harming either party. This also applies to concert ticket services on social media. This research aims to examine how the principle of good faith is applied in electronic contracts for concert ticket deposit services on social media? and the legal consequences of not implementing the principle of good faith? This research uses a normative juridical research type, with a conceptual approach, statutory regulations and cases. Data was obtained through library research on primary legal materials, secondary legal materials and tertiary legal materials using descriptive-qualitative analysis methods. The results of this research conclude that the application of the principle of good faith has not been fully implemented in electronic contracts for concert ticket deposit services on social media, both in terms of subjective and objective principles of good faith. Failure to implement the principle of good faith results in defects of will in the agreement made and leads to breach of contract, namely failure to fulfill achievements in the form of concert tickets which are the object of the contract.

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