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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 250 Documents
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Establishing Potential Bilateral Investment Treaty Between Indonesia and Japan to Bridge IJEPA Muhammad Syabil Baykhaqi; Siti Anisah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The bilateral investment relationship between Indonesia and Japan has been crucial 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 to bridge the gaps within IJEPA and strengthen bilateral investment relations. The research employs a normative legal approach, to analyze legal documents, treaties, and secondary sources to assess the feasibility of a potential BIT in bridging IJEPA. 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.
Perlindungan Hukum Konsumen terkait Pemberian Informasi International Mobile Equipment Identity (IMEI) dalam Pembelian Smartphone Bekas Bermerek Iphone Dhiya Zahra Wibowo; M Syamsudin
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research aims to analyze the fulfillment of the right to consumer information related to the International Mobile Equipment Identity (IMEI) in the purchase of used smartphones branded iPhone and the liability of business actors for losses suffered by consumers. The subject matter studied is legal protection to consumers on the right to IMEI information in buying and selling used smartphones branded iPhone and the responsibility of business actors for losses suffered by consumers related to IMEI blocking in Sleman Regency. The legal research method used is normative using a statutory approach, case approach, and conceptual approach. The type of data required is qualitative data sourced from primary data and secondary data. Data was collected using interviews and literature study. The data was analyzed using a qualitative descriptive analysis method. The results show that consumer legal protection of the right to information in the sale and purchase of used smartphones branded iPhone still does not get adequate legal protection, because consumers do not get correct, clear, and honest information regarding the condition of the goods in accordance with Article 4 letter c of the GCPL Law, causing harm to consumers. Business actors also do not provide full responsibility for the IMEI blocking losses experienced by consumers, seen from the attitude of business actors who actually ask for additional fees and cannot even be contacted when consumers ask for compensation for the losses experienced.
Perlindungan Hukum Peternak Ayam Terhadap Perjanjian Kemitraan Pola Inti Plasma dengan PT. LS Nanda Revi Saputri; Riky Rustam
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study discusses legal protection for chicken farmers against the Core Plasma partnership agreement with PT. LS. The study was conducted on Hasoro, a broiler chicken farmer in Klaten, Central Java, who experienced legal problems due to the withholding of land certificates by PT. LS in the partnership agreement. The focus of the study includes the validity of the partnership agreement, the legality of PT. LS's actions in withholding land certificates, and the form of legal protection for farmers in partnership relations with Limited Liability Companies. The research method uses a legislative approach and a case approach, with data collection through document studies and interviews. The results of the study indicate that the partnership agreement between Hasoro and PT. LS does not meet the provisions of Article 1320 of the Civil Code because there are indications of a defective will and does not meet formal requirements. PT. LS's actions in withholding land certificates cannot be legally justified. This study recommends the need to strengthen regulations regarding partnership agreements so that farmers obtain legal protection, legal protection that has been provided by the government in addition to regulations, namely the role of the Business Competition Supervisory Commission. Settlement of this legal dispute can be resolved through litigation or non-litigation and the Government and related institutions must take an active role in implementing the partnership agreement in order to provide fair benefits for all parties involved.
Penegakan Hukum Atas Praktik Penyimpangan Pembayaran Uang Saku Bagi Peserta Magang Di Daerah Istimewa Yogyakarta Putri Shania Azizah Dinnar; Ayunita Nur Rohanawati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Apprenticeships are increasingly in demand to prepare Indonesia’s workforce, yet many participants don’t receive their entitled allowances. This study addresses two issues: How are the legal provisions regarding allowances and wages for apprenticeship participants in Indonesia? And how is law enforcement implemented for participants not receiving allowances in the Special Region of Yogyakarta? Utilizing a juridical-empirical method with both statutory and socio-legal approaches, the study employed purposive sampling to gather data through interviews and questionnaires. The findings reveal that, first, wages are regulated by PP No. 36/2021 jo. PP No. 51/2023 and based on Labor Law is the right of workers based on employment agreements. Meanwhile, allowances are regulated by Permenaker No. 6/2020 and according to interviewee, are a form of appreciation given to interns based on internship agreements. Second, the regulations don’t stipulate sanctions; enforcement for student interns is based on mutual agreements, while for graduates, the Yogyakarta Manpower Inspectorate issues two inspection notices. The study recommends that the government define and standardize allowance amounts and revise regulations to include strict sanctions while strengthening the oversight role of the local labor office.
Penerapan Asas Iktikad Baik Pada Kontrak Elektronik Jasa Titip Tiket Konser di Media Sosial Zeta Kirana Rajavi; Indah Parmitasari
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 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.
Pemenuhan Hak Pilih bagi Lanjut Usia (Lansia) yang Mengalami Hambatan Fisik dan Sensorik (Studi Pemilih Lanjut Usia (Lansia) pada Pemilu 2024 di Kabupaten Blitar) Girlee Geniusy Dinastya Haris; M. Syafi’ie
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study aims to analyze the factors that hinder elderly voters with physical and sensory barriers from exercising their voting rights in the 2024 general election in Blitar Regency, as well as analyze the mechanisms and policies developed to fulfill voting rights for elderly voters who experience physical and sensory barriers in the 2024 election in Blitar Regency. This research uses empirical juridical legal methods with sociological and policy approaches. The results of this study show that the lack of socialization, data collection that is not optimal, and the lack of election service facilities are the main factors that hinder elderly voters with physical and sensory barriers from exercising their voting rights. In addition, the mechanisms and policies developed by the KPU and Bawaslu of Blitar Regency as an effort to fulfill the right to vote for the elderly with physical and sensory barriers through socialization programs and mobile polling stations have not been able to run optimally. This is due to the absence of regulations that strictly regulate the specificity of the elderly with physical and sensory barriers in the implementation of general elections. Therefore, a more detailed policy is needed in terms of data collection, socialization, and voting, so that the political rights of elderly voters with physical and sensory barriers can be fulfilled optimally during general elections.
Pemenuhan Unsur Kesengajaan Pada Delik Promosi Judi Online Terkait Ketidaktahuan Pelaku (Studi Kasus Denny Cagur) Septian Pratama Putra; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study analyzes the fulfillment of elements in the alleged criminal act of promoting online gambling in relation to the unawareness claimed by Denny Cagur. This type of research is normative legal research. The approach employed in this study involves statutory and conceptual approaches. The sources of data used in this research are secondary and tertiary data. The findings indicate that Denny Cagur’s claimed unawareness constitutes a right to remain silent (non-self-incrimination). However, it was concluded that Denny Cagur fulfilled all the elements of the criminal offense of promoting online gambling. Furthermore, it was determined that Denny Cagur acted intentionally, as he did not meet the parameters of factual mistake (feitelijke dwaling). Based on the normative concept of guilt (normatief schuldbegrip), public judgment suggests that Denny Cagur deliberately committed the act in question.
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 Vito Hendratmoko; Wahyu Priyanka Nata Permana
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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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.
Penegakan Hukum Tindak Pidana Judi Online Oleh Kepolisian Daerah Istimewa Yogyakarta Syahreva Smaradahana Fakayun Libasae; Wahyu Priyanka Nata Permana
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Problems in the study related to the enforcement of online gambling criminal law by the DIY Regional Police and obstacles in the enforcement of online gambling criminal law by the DIY Regional Police. The purpose of this study is to determine the enforcement of online gambling criminal law by the DIY Regional Police. The research method uses empirical legal research. The approach method uses sociological juridical. Based on the research, the author concludes that the enforcement of online gambling criminal law by the DIY Regional Police is carried out with preemptive, preventive and repressive steps through the penal and non-penal channels. Obstacles in the enforcement of online gambling criminal law by the DIY Regional Police are caused by legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. The DIY Regional Police should be more persistent in implementing preemptive, preventive and repressive steps through the penal and non-penal channels. There are also updates related to the laws governing online gambling related to the media used to play gambling until the sanctions and punishments are increased.
Peran Mediator Hakim Dalam Penyelesaian Perkara Wanprestasi Hutang Piutang (Studi Kasus di Pengadilan Negeri Yogyakarta) Regitha Arthasari Partono; Bambang Sutiyoso
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The Supreme Court of Indonesia enacted Supreme Court Regulation (Perma) Number 1 of 2016 concerning Mediation Procedures in Court, which integrates mediation as a vital mechanism to reduce case congestion in the judiciary. As a first-level court, the Yogyakarta District Court is expected to prioritize mediation in civil case resolution. This study examines two key issues: (1) the role of judge-mediators in resolving debt default (wanprestasi) disputes at the Yogyakarta District Court, and (2) the obstacles faced by judge-mediators during the mediation process and efforts to overcome them. Employing a juridical-empirical approach, the study uses literature review and interviews as its primary methods of data collection. The findings reveal that the implementation of mediation by judge-mediators, as mandated by Perma No. 1 of 2016, remains suboptimal. Of the 15 cases mediated, only 5 reached a peaceful settlement. Several challenges contribute to this outcome, including the dual responsibilities of judges, the limited number of certified judge-mediators, and the lack of registered non-judge mediators. In addition, juridical barriers such as time constraints, inconsistencies in mediation agreements with legal norms, and the limited authority of mediators also hinder the effectiveness of mediation. Strengthening the mediation framework, increasing the number of competent mediators, and promoting the use of non-judge mediators are necessary steps to enhance the success of mediation in civil disputes.

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