cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ayu Izza Elvany
Contact Email
ayu.izza@uii.ac.id
Phone
-
Journal Mail Official
penerbitan.fh@uii.ac.id
Editorial Address
Jl. Kaliurang Km. 14,5 Sleman, Yogyakarta, Indonesia 55584
Location
Kab. sleman,
Daerah istimewa yogyakarta
INDONESIA
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 250 Documents
 17   18   19   20   21 
The Ship Must Cast Off: Indonesia’s Perspective And Contribution On The New Biodiversity Agreement Romdoni, Rafi Nasrulloh Muhammad
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

“The ship has reached the shore” was Rena Lee’s remarkable statement as it symbolized the adoption of the new agreement on biodiversity beyond national jurisdiction (BBNJ Agreement) in the first quarter of 2023. Immediate action to deal with biodiversity loss while at the same time synchronizing States’ interests (developed v. developing) regarding certain activities in area beyond national jurisdiction (ABNJ) were the tough challenges during the process. Indonesia has been participating actively in the development of international law of the sea, including the BBNJ Agreement. By using normative legal research, this article explores the perspective and contribution of Indonesia on the protection of biodiversity in ABNJ, as well as the next steps the Government of Indonesia (GoI) should take. The result shows that Indonesia has always been a persistent contributor to the law of the sea, including the BBNJ Agreement. Also, Indonesia must commence some preparations such as synchronizing national laws, strengthening cooperation and finally ratify the Agreement.
Integrasi Nilai Pancasila Dalam Praktek Hukum Internasional Menanggapi Agresi Israel Terhadap Palestina Pratama, Karisma Bintang
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article discusses the integration of Pancasila values into international law as the basis for Indonesia's diplomatic practice regarding Israel's acts of aggression against Palestine. Israel's aggression against Palestine is seen as a gross violation of human rights, especially for Palestinians. Israel's human rights violations against Palestinians constitute a deprivation of the rights of others, especially the right to live safely and decently. The conflict between Israel and Palestine has not yet found a bright spot of peace and has claimed many lives to date. The purpose of this study is to analyze Indonesia's role and contribution to influencing international legal practice through the application of the integration of Pancasila values in response to Israel's acts of aggression against Palestine. To analyze this problem, normative juridical research methods are used with a statute approach, a conceptual approach, and a case approach. The study concludes that Israel has violated humanitarian principles and has been ruled by the International Court of Justice that Israel's occupation of Palestine is illegal. Furthermore, it can be conveyed that Indonesia with the integration of Pancasila values has been able to provide a significant boost in influencing the construction of international law, especially in forming international agreements and bilateral or multilateral cooperation. Pancasila is the foundation for Indonesia diplomats to promote and defend national interests, as well as uphold universal values embraced by the international community, including in the case of Israel's aggression against Palestine.
Perlindungan Hukum Bagi Notaris Dalam Pembuatan Akta Otentik Yang Penghadapnya Menggunakan Identitas Palsu Dalam Perspektif Hukum Intenasional Hidayah, Farida Nur
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the legal protection for notaries in making authentic deeds when the parties appearing use false identities, viewed from the perspective of international law. In carrying out their duties, notaries have an obligation to ensure the truth of the identities of the parties in order to guarantee the validity of the deeds made. However, in some cases, the parties may use false identities, which has the potential to cause legal problems for notaries. This study highlights the forms of legal protection that can be given to notaries in accordance with the provisions of international law and discusses the responsibilities and limitations of notary authority in such situations. The research method used is a normative legal approach, with an analysis of international legal instruments relating to the protection of the notary profession. The results of the study show that although notaries are responsible for the deeds made, there are legal protection mechanisms that can protect notaries from prosecution if it is proven that they have carried out their duties in good faith and in accordance with applicable procedures. Therefore, harmonization of regulations at the national and international levels is needed to ensure that notaries receive adequate protection in carrying out their profession.
Komitmen Piagam Asean (Asean Charter) Dalam Melindungi Hak Dasar Warga Negara Di Asia Tenggara Natamiharja, Rudi; Setiawan, Ikhsan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

ASEAN, as a regional organization, has sought to protect the fundamental rights of its citizens through the ASEAN Charter and various legal instruments. The commitment of the ASEAN Charter to protect the fundamental rights of citizens in Southeast Asia is evident. As a binding legal document, the ASEAN Charter aims to strengthen regional cooperation and promote respect for human rights, democracy, and the rule of law among ASEAN member states.Although ASEAN has established policies and institutions such as the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Human Rights Declaration (AHRD), differences in political systems, the principle of non-intervention, and economic disparities among member states hinder the implementation of human rights protection. Countries with authoritarian systems find it more challenging to enforce policies, while economic disparities affect enforcement capacity in some nations.Other challenges include issues related to human trafficking, the protection of migrant workers, corruption, and institutional weaknesses. This research emphasizes the importance of a more coordinated approach and domestic reforms in ASEAN member states by strengthening regional mechanisms, engaging civil society, and enhancing international cooperation to ensure effective implementation of human rights protection in the region.
Restorative justice, Akuntabilitas, dan Standar Hak Asasi Manusia Internasional dalam Kasus Tindak Pidana Berat oleh Anak di Indonesia Ardiananta, Elvania Rachmasya Ratu
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Cases of serious crimes committed by minors, such as murder and sexual violence, have become a significant concern in Indonesia, particularly regarding the perception that the legal system is too lenient toward juvenile offenders. Data indicates a steady increase in juvenile crimes over the past decade, prompting public demands for a more stringent legal approach. This paper analyzes how the Indonesian legal system implements the concept of Restorative justice in handling serious crimes committed by minors, considering the balance between offender rehabilitation and legal accountability that fulfills the victim’s right to justice. Through case studies, legal analysis, and exploration of international standards, this paper evaluates the extent to which Indonesia’s juvenile justice policies align with international human rights principles. Additionally, it examines Indonesia’s role and contributions in shaping global standards on child protection and juvenile criminal justice reform, particularly in addressing serious offenses involving minors
Peran Indonesia dalam Implementasi Hukum Internasional untuk Melindungi Kepentingan Nasional di Wilayah Pesisir: Analisis terhadap Pengaruh dan Kontribusi UNCLOS Fathullah, Abdusyahid Naufal; Rahmi, Dinda Fuaina; Ghonia, Ninna
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia, as the largest archipelagic country in the world, has a very large strategic interest in its coastal areas. The sea is not only an abundant natural resource, but also a vital route for trade and communication. In this context, the implementation of international law, especially the United Nations Convention on the Law of the Sea (UNCLOS), is very crucial to protect Indonesia's national interests. Through normative research and case studies, this research examines national laws and regulations, maritime policies, and relevant practices. The results of the study show that Indonesia has taken significant steps in implementing UNCLOS, such as the establishment of an Exclusive Economic Zone (EEZ) and the continental shelf. However, there are still a number of challenges in harmonizing international and domestic law, as well as in the face of the complexity of contemporary maritime issues. The case study of the North Natuna Sea dispute underscores the importance for Indonesia to continue to strengthen its legal position in order to defend its rights in the maritime area.
Free Legal Aid Policy: The Role and Challenges of Legal Aid Organizations to the Poor Baried, Rizky Ramadhan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Ministry of Law and Human Rights of the Republic of Indonesia makes a policy for legal aid organizations to carry out legal aid on a pro bono basis to get the legal aid budget ceiling for the following year. The purposes of this study are to analyze the role of legal aid organizations in realizing pro bono legal aid to implement access to justice for the poor; and to analyze their challenges in fulfilling The Ministry of Law and Human Right’s policy of implementing pro bono legal aid to get the legal aid budget ceiling for the following year. This research using empirical juridical research methods, with a sociological, statutory and a conceptual approach. Primary and secondary data obtained through interview techniques, observations, and literature studies, then analyzed qualitatively. The results of this study show that legal aid organizations play a preventive role in the form of legal counseling activities to the community and actively serve consultations to legal aid both inside and outside the trial for the poor; The challenge they encountered was in the form of rivalry between fellow legal aid organizations which were then required to innovatively get closer to the need for free legal aid for the underprivileged.
The Possibility of Establishing Bilateral Investment Treaty Between Indonesia and Japan to Bridge IJEPA Baykhaqi, Muhammad Syabil; Anisah, Siti
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The bilateral investment relationship between Indonesia and Japan has played a crucial role in fostering economic cooperation, particularly under the Indonesia-Japan Economic Partnership Agreement (IJEPA). However, IJEPA which has been enforced since 2008 has encountered implementation challenges, such as specificity in addressing modern investment challenges, regulatory changes, environmental concerns, and labor mobility, particularly in the caregiving sector. This research explores the possibility of establishing a Bilateral Investment Treaty (BIT) between Indonesia and Japan as a means to bridge the gaps within IJEPA and strengthen bilateral investment relations. The research employs a normative legal approach, utilizing qualitative analysis of legal documents, treaties, and secondary sources to assess the feasibility of a new BIT. The study identifies key principles that should be included in the proposed BIT, such as clear definitions of Fair and Equitable Treatment (FET), Most-Favored-Nation (MFN) clauses, and dispute resolution mechanisms that balance investor protection with state sovereignty. Additionally, the thesis highlights the importance of sector-specific provisions tailored to the automotive industry, labor mobility (especially for caregivers), and green energy projects, which align with the strategic interests of both nations. The findings suggest that a new BIT between Indonesia and Japan is both feasible and necessary to enhance bilateral investment relations. The proposed treaty would provide greater legal certainty, encourage long-term investment, and address the shortcomings of IJEPA. By incorporating updated provisions on investor protection, labor rights, and sustainable development, the BIT would foster a more stable and predictable investment environment, benefiting both countries economically and socially.
Implementasi Dan Relevansi Sistem Komando Dalam Doktrin Een En Ondeelbaar Terhadap Penentuan Tuntutan Pidana Melalui Rencana Tuntutan Perkara Tindak Pidana Umum Pada Kejaksaan Negeri Yogyakarta Hendratmoko, Vito; Permana, Wahyu Priyanka Nata
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 3 MEI 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research is motivated by the implementation of the command system for determining criminal charges, which adopts the Een En Ondeelbaar Doctrine. While effective in ensuring uniformity, the limited understanding of the Head of the Prosecutor's Office regarding certain cases often leads to charges that do not align with legal facts presented in court. Based on this background, this research raises the following problems: How is the implementation of the charge plan concept for public prosecutors in determining criminal charges in general criminal cases at the Yogyakarta District Prosecutor's Office? and How is the relevance of the command system in the Een En Ondeelbaar Doctrine in influencing the consistency and uniformity of determining criminal charges in general criminal cases at the Yogyakarta District Prosecutor's Office?. This study uses an empirical legal research approach with a sociological approach. The findings indicate that the charge plan aims to ensure the independence of public prosecutors, but it often does not align with the facts presented in court because of the prosecution controller’s understanding of the cases, and the command system in the prosecution office influences the consistency and uniformity of criminal charges, reflecting a coordinated institutional policy.
Redesain Presiden Berhalangan Sementara Dalam Lembaga Kepresidenan Muhamad Riziq Maulana; Rizki Maulana Syafei; Muh Zikril; Risma Ridhani Istiqomah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In a presidential system, the president plays a key role as both head of state and head of government, making the position crucial in governance. Therefore, a vacancy in the presidency whether temporary or permanent should not occur, even briefly. However, Indonesian law only regulates permanent incapacity and does not address temporary incapacity, creating a legal vacuum. This study aims to formulate a legal concept to regulate the temporary incapacity of the president. The research uses normative legal analysis with conceptual, historical, and comparative approaches, analyzed through the theory of mandate authority. The findings show that the lack of legal provisions for temporary presidential incapacity can disrupt government functions and undermine the rule of law. This gap exists in both normal situations (leave, minor illness, travel) and abnormal conditions (emergencies, serious health issues), where delegation of duties is left to administrative practices. Therefore, a Presidential Institution Law is needed to clearly define the delegation of presidential duties. This law should distinguish between administrative delegation in normal situations and limited delegation of substantive authority in abnormal situations through a mandate mechanism.

Page 19 of 25 | Total Record : 250

 17   18   19   20   21 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol. 3 No. 6 NOVEMBER 2025 Vol. 3 No. 5 SEPTEMBER 2025 Vol. 3 No. 3 MEI 2025 Vol. 3 No. 2 MARET 2025 Vol. 3 No. 1 JANUARI 2025 Vol. 2 No. 6 NOVEMBER 2024 Vol. 2 No. 5 SEPTEMBER 2024 Vol. 2 No. 4 JULI 2024 Vol. 2 No. 3 MEI 2024 Vol. 2 No. 2 MARET 2024 Vol. 2 No. 1 JANUARI 2024 Vol. 1 No. 4 NOVEMBER 2023 Vol. 1 No. 3 SEPTEMBER 2023 Vol. 1 No. 2 JULI 2023 Vol. 1 No. 1 MEI 2023 More Issue