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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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Sistem Deklararatif Hak Cipta terhadap Suatu Gambar Sketsa yang Di-Upload di Instagram Muhammad Fakhrihassan; Budi Agus Riswandi
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

Although technological development provides open to various types of content on social media, it leads to a tendency among society to overlook the integrity of a creator's copyrighted works. Consequently, copyright protection in the digital era aims not only to safeguard the interests of creators but also to maintain respect for creativity and innovation. This study seeks to analyze the application and legal implications of the declarative system as a form of automatic copyright protection for sketches uploaded to Instagram. The research questions focus on how the declarative system offers protection and how this affects the creator’s legal position. The combination of normative legal research methods with statutory and analytical approaches not only assists in answering the research questions but also opens new perspectives regarding copyright application in a digital context. The findings reveal that the act of announcement is not the sole obligation required to obtain automatic protection for works. Declarative protection is inherent from the moment a sketch is realized in a tangible form. Uploading the sketch produces legal implications by establishing exclusive rights for the creator that must be respected by others, along with the responsibility of electronic system providers to ensure a conducive environment for users.
Transformasi Konstitusional Pertanggungjawaban Presiden Dalam Sistem Ketatanegaraan Indonesia Pasca Amandemen UUD 1945 Rizki Rahayu Fitri; Agnes Fitryantica
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 examines the transformation of presidential accountability within Indonesia’s constitutional system following the amendments to the 1945 Constitution. The main issue addressed is how the mechanisms of presidential accountability have changed after the constitutional amendments and what implications these changes have had on Indonesia’s constitutional structure. This research employs a normative juridical method with a historical and comparative constitutional approach. The findings reveal a significant shift in the accountability model—from the President being accountable to the People’s Consultative Assembly (MPR) to being directly accountable to the people through general elections. This transformation has strengthened Indonesia’s presidential system, affirmed the principle of popular sovereignty, and altered the configuration of inter-institutional relations. However, the post-amendment framework has shown weaknesses in overseeing presidential power, raising concerns over potential abuse of authority. Therefore, it is essential to enhance the mechanisms of checks and balances to ensure the constitutional system continues to operate in line with democratic principles and constitutional supremacy.
Arti Penting Pelindungan Hak Asasi Manusia bagi Pekerja Migran Indonesia Suci Setyafani Cahyani Ginoga; Abdul Mustopa Jawahid
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Indonesian Migrant Workers (PMI) are a group vulnerable to Human Rights violations while working abroad. This article aims to analyze the importance of human rights in protecting PMI and to review the state's obligations in fulfilling the rights of its citizens working abroad. This research uses a normative juridical method with a conceptual approach, legislation, and case studies. The research results show that the protection of PMI is not just an aspect of employment but an integral part of human rights protection. The state has the obligation to fulfill, protect, and respect every right of PMI. Although there is a legal framework through Law Number 18 of 2017, its implementation is still weak. A case study at the Immigration Detention Depot in Malaysia revealed serious human rights violations against PMI, such as torture and medical neglect. If viewed within the concept of human rights, the state is deemed to have failed in providing effective legal protection, both in prevention and recovery. Structural weaknesses were also found, such as the lack of supervision, education, and legal assistance for PMI. This research emphasizes the importance of the state's responsibility to ensure more concrete and sustainable human rights protection for migrant workers.
Analisis Hukum Jaminan Sosial Ketenagakerjaan Bagi Pekerja Migran Indonesia: Komparasi Indonesia dan Belanda Rangga Yudha Leonspatra; Rafli Ilham Bimantoro; Ahmad Harland Fadhilah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Social Security for Employment is a form of protection for workers, including those employed domestically and Indonesian migrant workers. The Social Security for Employment program for Indonesian migrant workers covers Work Accident Insurance, Death Insurance, and Old Age Insurance. On the other hand, the Netherlands is one of the countries with the most comprehensive social security systems in Europe. Therefore, this study was written to analyze the regulations governing Social Security for Indonesian Migrant Workers within the national framework and to compare these regulations with those in the Netherlands. This research is a legal-normative study using a statutory approach, a conceptual approach, and a comparative approach. The results of this study indicate that the social security program for Indonesian migrant workers is deemed inadequate by the government in ensuring a decent standard of living for Indonesian migrant workers, as it lacks pension benefits and unemployment insurance. Meanwhile, when compared with the social security system in the Netherlands, Indonesia should consider adopting it, as it is perceived to provide greater protection for migrant workers.
Pelindungan Hukum Terhadap Hak Atas Kesehatan Pekerja Migran Indonesia Sebagai Kelompok Rentan Rifki Alfian Wicaksono; Ahmad Khairun Hamrany; Guntar Mahendro; Ilham Pransetyo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study was conducted to determine how legal protection of the right to health applies to Indonesian migrant workers using a normative research method with a legislative and conceptual approach through access to primary legal sources in the form of legislation and international conventions, secondary legal sources, both journals and scientific books, as well as non-legal materials such as encyclopedia or relevant non-legal journals. The findings of this study indicate that there is a lack of oversight regarding the fulfilment of health rights, the national health insurance system for workers is not integrated with relevant health conditions, and there are discriminatory actions regarding access to health services in the host country.
Pelindungan Hukum Terhadap Pekerja Rumah Tangga Yang Bekerja Di Luar Negeri Ditinjau Dari Undang - Undang Nomor 18 Tahun 2017 Dan Konvensi ILO 189 Tahun 2011 Jelita R.T Banjarnahor; Agusmidah; Suria Ningsih
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Legal protection is defined as the recognition of the dignity, honour and human rights of legal subjects based on applicable legal provisions, covering both preventive and repressive aspects. This study specifically highlights the scope of legal protection for domestic workers, especially those working abroad. The crucial issue is the absence of specific laws that regulate and protect domestic workers, both at home and abroad, which results in domestic workers being vulnerable to exploitation and human rights violations. The research method used in this thesis is normative juridical. The main approach is the statute approach, reinforced by a conceptual and comparative approach. Data was collected through document/library studies (books, regulations, journals) and supported by interviews at BP2MI and PT. Wira Usaha Kreasi. This research is descriptive and analytical, linking existing regulations with relevant legal theories. The results of the study confirm that although domestic workers are much needed, they do not have adequate legal protection due to the absence of specific laws governing them, especially migrant domestic workers. This study emphasises the importance of government support in protecting the rights of domestic workers. The main recommendation is to pass the Draft Law (RUU) on Domestic Workers in accordance with the spirit of ILO Convention No. 189 on Decent Work. The government is encouraged to provide comprehensive social security and legal protection, as well as to impose strict sanctions on P3MI (Indonesian Migrant Worker Placement Companies) that neglect their responsibilities towards migrant domestic workers.
Menggagas Konsep Pelindungan Pekerja Rumah Tangga Migran Perempuan oleh Negara dalam Perspektif Islam Nur Maulidia; Siti Afifah Khumairoh; Syafrida Aulianur Rarasatti
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The low number of job vacancies in Indonesia is inversely proportional to the large population, so the government has made efforts to solve this problem by sending Indonesian Migrant Workers abroad, one of which is Saudi Arabia. However, over time, many complaints from migrant workers related to the violence they received while working. To overcome this, the perspective of Islamic law is used because Saudi Arabia formally applies Islamic law. This research formulates two main problems: what is the status of female migrant domestic workers in the perspective of Islamic law, and what is the concept of protection by the state according to Islamic views. The method used is normative juridical research with secondary data in the form of primary and secondary legal materials through document and literature studies. The results of the study show that, first, Islam recognizes women's right to work as long as they maintain the values of sharia and safety. Second, in Islam, the state as a trustee (al-imāmah) is obliged to protect female migrant domestic workers.
Pendekatan HAM dalam Reformasi Pelindungan Pekerja Migran Indonesia Syarafina Fildzah; Silssy Wahyu Indraswari; Anang Dony Irawan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study discusses the relevance of human rights in the protection system for Indonesian migrant workers. It addresses two main issues the implementation of human rights principles in regulations concerning the protection of Indonesian migrant workers, and bilateral agreements between Indonesia and destination countries in safeguarding the rights of migrant workers. The research employs a normative legal method with a statutory approach and analysis of international human rights instruments as well as national regulations. The findings reveal that although Indonesia has ratified various human rights instruments, their implementation remains weak, particularly in terms of legal protection and access to justice. Therefore, it is necessary to strengthen regulations and establish human rights-based monitoring mechanisms to ensure the effective and sustainable protection of Indonesian migrant workers’ rights.
Peran Negara dalam Pemberian Bantuan Hukum bagi PMI yang Terjerat Kasus Hukum di Luar Negeri (Studi Perbandingan antara Indonesia dan Filipina) Abdul Mustopa Jawahid; Nanda Hairunnisa
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Indonesian Migrant Workers (PMI) have long been a vital pillar of the national economy through their contributions as foreign exchange earners. However, several issues remain, particularly the lack of legal assistance for PMI involved in legal cases abroad, as well as the non-procedural status of some PMI, who are indirectly unrecognized and excluded from the scope of protection under the Indonesian Migrant Workers Protection. In contrast, the Philippines has a clearer legal assistance system that does not distinguish between the legal or illegal status of its workers. The issue that arises in this study is how Indonesia and the Philippines can provide legal assistance to their migrant workers who encounter legal problems abroad, as well as identifying the substance of regulations in the Philippines that can be applied in Indonesia. This research uses a normative legal method with conceptual, statutory, and comparative approaches. The results show that the Philippines outperforms Indonesia in three aspects: first, a more comprehensive concept of protection and social security; second, stronger and more inclusive legal protection and assistance for migrant workers; and third, more robust welfare and training support programs. Substantive models that can be adopted in Indonesia include the MWOFRC, LAMWA, and LAF.
Rekonstruksi Tata Kelola Pelindungan Pekerja Migran Melalui Reposisi BP2MI Siti Zahra; Sizil Azzahra Sa’dillah; Festy Nur Fajruroh
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The increasing number of Indonesian Migrant Workers demands stronger legal protection for their rights, which in turn requires an institutional framework that is both effective and adaptive. However, the discourse surrounding the dissolution of BP2MI—the technical body responsible for PMI protection—raises concerns regarding the effectiveness of the current institutional governance. This study aims to analyze the dynamics of institutional arrangements in the protection of migrant workers in Indonesia and to formulate an ideal reconstruction of institutional governance for their protection. The research employs a normative-juridical method with a conceptual and statutory approach. Data were collected through literature studies involving relevant regulations, journals, and academic sources. The findings indicate that removing the BP2MI nomenclature could significantly reduce the institutional responsiveness to the needs of migrant workers. Therefore, this study recommends the repositioning of BP2MI as an independent and specialized technical body under the Ministry of PMI Affairs to ensure a more effective, accountable, and sustainable protection system for Indonesian migrant workers.

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