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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 285 Documents
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Perlindungan Hukum Anak Selaku Korban Perkosaan Sebagai Pelaku Aborsi Yunika Rosa Rehan Ashari; Fuadi Isnawan
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 form of responsibility and legal protection of children as perpetrators of criminal acts of abortion as well as the victim of rape. The author uses normative methods with legislation approach, case approach, and conceptual approach. The results of the study showed the form of criminal liability for child rape victims as perpetrators of abortion based on Muara Bulian District Court decision Number 5/Pid.Sus.Children/2018 / PN Mbn explained Article 77 a paragraph (1) Jo article 45A of Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning the protection of children Jo. Article 55 paragraph (1) to-1 of the Criminal Code. Legal protection that can be provided for children include rehabilitation for psychological trauma victims and the release of victims from all criminal charges in the Jambi High Court decision with Case Number 6/Pid.Sus-Anak/2018 / PT JMB, listed in Article 59 Paragraphs (1) and (2), 59A and Article 64 letter G of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning child protection. However, on this matter there is no legislation that definitively gives permission for children who are victims of rape or sexual violence to have abortions, because there are still children who must carry out accountability for actions outside of their will as victims.
Urgensi Pengaturan Victim Impact Statement Dalam Perkara Tindak Pidana Kekerasan Seksual Berdasarkan Kepentingan Terbaik Bagi Korban Novi Nadia; Ayu Izza Elvany
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

Victim impact statement (VIS) in cases of sexual violence that contains information about tehe physical, psychology, economic, and social impacts. VIS is an instrument for judges to consider in determining the verdict. The Indonesian government has specific regulations regarding this, however, there is a need for the implementation of VIS for justice, certainty, and protection for victims as well as to reduce the focus on perpetrators in the justice system. This type of research is normative legal research that analyzes using existing legislative documents or regulations and focuses on positive law, utilizing conceptual approaches, legislative approaches, and comparative approaches. The explicit arrangement of Victim Impact Statements (VIS) for the legal protection of victims of sexual violence and assisting judges in understanding the impact of crimes, promoting restorative justice and the fulfillment of rights reflecting the best interests of victims as outlined in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. The importance of this arrangement is emphasized for the increasing cases, the stigma of revictimization, which is neglected in a legal system still oriented towards the perpetrators, necessitating an official regulation through a Supreme Court Circular (SEMA) so that VIS can serve as a legitimate guideline in considering legal decisions that protect victims.
Keabsahan Perjanjian Sewa Secara Lisan Dan Oper Sewa Tanpa Izin Pemberi Sewa Anneu Frameswari Hidayat; Riky Rustam
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 validity of the transfer of rent in a lease agreement against the leased object without the owner's knowledge is an action that cannot be justified by law. The Lease Agreement is one type of agreement regulated in the civil code. Lease - Renting is a form of legal relationship that regulates two parties, where one party binds himself to provide the other party with the enjoyment of an item, for a specified time with the payment of a price by the last party that he agrees to. In connection with this, the background to the transfer of rent against the leased object without the knowledge of the leased object. The purpose of this study is to determine the things that cause the transfer of leased objects without the knowledge of the original owner which turns out to be a mixture of third parties. The research typology used in this study is normative legal research. The results of this study are that there has been interference from a third party or a party outside the lease agreement, related to the leased place (object), namely a kiosk used by the tenant as a place of business for the UII Jakal penyetan food stall, which has been rented by the tenant with the previous owner, the third party feels that the tenant's business is disturbing his business so that he urges the tenant to immediately move and make an agreement to transfer the kiosk lease object to him without the owner's knowledge, and the third party is the owner of Warmindo and the third party is the tenant's brother-in-law. The legal recommendation that can be given is that the third party is responsible for compensating for the losses for their actions and the dispute that occurs between the parties, the owners can be resolved amicably because the parties are still related by family ties, if the dispute cannot be resolved then it can be resolved through mediation until the dispute is resolved through litigation in court. If the parties are deemed unable to pay for the legal services of a lawyer, then the parties can request legal assistance through the Law Center Institution which provides free legal assistance and provides voluntary assistance to the parties by directing the things that must be done during the dispute resolution process, especially during the trial in court.
International Human Rights Law and Islamic Law Related To The Protection Of Migrant Workers In Indonesia In The Perspective Of Mashood A. Baderin Moh Miftahul Hasan Badrus Shomad; Muh Nur Misuari; Muhammad Hasan Saifur Rijal; M Khoirul Hadi al asy ari
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

One of the biggest contributors to foreign exchange in the country of Indonesia is Indonesian migrant workers, but often Indonesian migrant workers receive inhumane treatment. Therefore, this research aims to protect migrant workers related to human rights and Islamic law, more specifically the views of Mashood A. Baderin. There are two important questions in this research: first, how is the concept of international human rights law and Islamic law from the perspective of Mashood A. Baderin? Second, how is the idea of international human rights law and Islamic law, according to Mashood A. Baderin, and its relevance in protecting Indonesian migrant workers? This research uses normative and qualitative methods based on a literature study or library research. In contrast, the analysis method uses the content analysis method to explain the concept of international human rights law and Islamic law from the perspective of Mashood A. Baderin and its relevance in protecting Indonesian migrant workers. The results of this study are to first know the concept of international human rights law and Islamic law from the perspective of Mashood A. Baderin and to know the idea of international human rights law and Islamic law according to Mashood A. Baderin and its relevance in the protection of Indonesian migrant workers.
Urgensi Transformasi Kurikulum Berbasis Artificial Intelligence Bagi Siswa Di Daerah Kantong Pekerja Migran Indonesia Menuju Zero Skill Mismatch Fithriatus Shalihah; Haura Salsabiela El Sabrina Nazar; Lubna Aqiela Nazar
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

Gaps in the protection of Indonesian migrant workers (PMI) in the pre-placement period. The fact that prospective migrant workers are increasing every year but are not supported by adequate and appropriate skills (Skill-Mismatch). The author has identified 6 factors that cause the ineffective protection of migrant workers that are not prepared to be strengthened during the pre-placement period, including: 1) Problem mindset 2) Discussion and communication obstacles 3) Mentality 4) Lack of understanding of labor law 5) Lack of cultural information about the country of placement and 6) Lack of financial and entrepreneurial literacy. The urgency of strengthening skills for CPMI students as ordered by the PMI Protection Law Number 18 of 2017 is important considering that the implementation of job training by the government through digital services or through government partners is currently not effective. Therefore, curriculum policy innovation is needed for CPMI students so that the above problems can be overcome as early as possible through learning according to skill needs so that CPMI students can receive longer, continuous and programmatic debriefing. This paper examines the gap in the protection of CPMI students during the pre-placement period and contributes thoughts related to the transformation of the AI- based curriculum towards zero skill-mismatch. This research method uses a type of normative law using a legislative approach and theories or expert opinions that are conceptual in nature that are integrated-interconnected. This paper explains that AI- based curriculum transformation requires multistakeholder collaboration. With an adaptive and predictive approach, AI can be a means of supporting skill strengthening for CPMI, in this case CPMI students in PMI enclaves in Indonesia
Relevansi Hak Asasi Manusia Dalam Perlindungan Pekerja Migran Indonesia Hilda Alfina Rosyada; Iskandar Wibawa
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 vital component of the national economic structure, significantly contributing through remittances. However, behind their economic role, PMIs often face human rights violations, during placement processes, employment, and even post-employment. This article aims to examine the relevance of human rights in the protection of PMIs while highlighting the challenges and future prospects of their protection. Using a normative juridical approach and analyzing various legal instruments—such as Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers, Law No. 21 of 2007 on the Eradication of Human Trafficking, and Government Regulation No. 59 of 2021 this study shows that PMI protection is not merely an administrative obligation of the state but also a constitutional duty to uphold the human rights of its citizens abroad. Judicial decisions, including Supreme Court Ruling No. 1090 K/Pid.Sus/2014 and Administrative Court Decision No. 121/G/2017/PTUN-JKT, emphasize the urgency of enforcing the principle of due diligence and effective legal protection. This article recommends strengthening oversight mechanisms, enhancing the role of foreign representatives, and integrating technology into the protection system as systematic efforts to envision a more just and humane future for Indonesian migrant workers.
Urgensi Penambahan labour attache sebagai upaya pemenuhan Kewajiban Negara atas Perlindungan Hak-Hak Hukum Pekerja Migran Indonesia di Luar Negeri Akhmad Hefa Jagad Kusuma; Belva Rajendra; Junendyan Haryosatrio Dewandaru Manikingrat; Anang Setiyawan
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) constitute a vital component of the national economy through substantial remittance contributions, while simultaneously representing the nation on the international stage. However, the legal protection of PMI remains a critical challenge, particularly regarding the role of Labour Attachés (Atnaker) as key actors in labor diplomacy. This study examines the role and challenges faced by Atnaker in safeguarding PMI abroad using a normative legal approach and comparative analysis with migrant worker protection systems in the Philippines and Vietnam. The findings reveal that limited personnel, excessive administrative workload, and weak inter-institutional coordination significantly hinder the effectiveness of Atnaker in fulfilling their protective mandate. Furthermore, deficiencies in legal and diplomatic frameworks exacerbate the vulnerability of PMI to exploitation and rights violations. The study underscores the urgent need for institutional strengthening, including increasing the number of Atnaker, expanding their legal authority, and strengthening their diplomatic capacity as strategic measures to ensure an effective state presence in protecting its citizens abroad.
Dasar Pertimbangan Hakim dalam Penetapan Status Hukum Permohonan Subjek Transgender Diki Setya; Bagya Agung Prabowo
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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This study aims to identify the judge’s legal reasoning in determining the legal status of a transgender petition and the legal implications following its rejection. The research employs a normative legal method using statutory and case study approaches. Data were obtained through document studies of Law No. 23 of 2006 on Population Administration, Court Decision No. 77/Pdt.P/2014/PN.Kln., and relevant legal literature. The analysis links case facts to the principles of justice, legal certainty, and utility. The findings show that the judge’s reasoning does not reflect the principle of justice, which should serve as a fundamental guideline. The judge also failed to consider similar previous cases, resulting in legal inconsistency. Consequently, the principles of justice, certainty, and utility are neglected. The rejection of the petition leads to obstacles in fulfilling transgender individuals’ civil rights, particularly in marriage recognition and inheritance distribution. This study recommends that judges prioritize the principles of justice, legal certainty, and utility by taking similar rulings into account.
Kesalahan Penggunaan Pasal 112 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Terhadap Penyalahguna Narkotika (Studi Putusan PN Nomor: 93/Pid.Sus/2018/PN.Rap Jo. Putusan PT Nomor: 413/Pid.Sus/2018/PT.MDN Jo. Putusan Kasasi Nomor: 2410 K/Pid.Sus/2018) Dewi, Febbyola Sintya; Nurhidayat, Syarif
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 In practice, it is a well-established fact that law enforcement officers frequently make errors in distinguishing whether a criminal act constitutes narcotics abuse or narcotics trafficking. This issue is suspected to have occurred in Decision Number: 93/Pid.Sus/2018/PN.Rap Jo. 413/Pid.Sus/2018/PT.MDN Jo. 2410 K/Pid.Sus/2018. Based on this legal issue, the formulation of the problems in this research is, first, whether the Panel of Judges’ decision to convict the defendants under Article 112 Paragraph (1) of Law Number 35 of 2009 concerning Narcotics was appropriate; and second, whether the sentence imposed on the defendants was in line with the objectives of Law Number 35 of 2009 concerning Narcotics. This research is a normative juridical study using a statutory and case approach. The findings indicate that the Panel of Judges erred in applying Article 112 Paragraph (1) of Law Number 35 of 2009 concerning Narcotics in this case, as the defendants were narcotics abusers rather than narcotics traffickers. Second, the application of Article 112 Paragraph (1) of the Narcotics Law to narcotics abusers in the case a quo does not align with the principles of justice and disregards the rights of abusers to receive guaranteed rehabilitation efforts as stipulated in Article 127 Paragraph (1) of the Narcotics Law. Rehabilitation efforts are more appropriate for narcotics abusers than merely imposing imprisonment.
Tinjauan Kriminologi dan Penegakan Hukum Tindak Pidana Pencabulan Anak di Kota Pati (Studi Kasus di Unit PPA Polresta Pati) Megayuniar, Fara; Wibowo, Ari
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 Child molestation cases in Pati City were recorded at a total of seven incidents between 2021 and 2023. Most of the perpetrators admitted that the victim was their underage girlfriend. This phenomenon indicates a shift in societal values that tend to tolerate romantic relationship with minors, thereby increasing the risk of sexual violence against children. The focus in this research focus on the factors that contribute to the occurrence of criminal act of child molestation and the struggle of the law enforcement. The research method used is a sociological approach with the type of empiric research. The results of this research show, first, that the factors causing the criminal act of child molestation in Pati City include individual, environmental, and family factors. Second, the enforcement of the law against child molestation is carried out by Polresta Pati through preemptive, preventive, and repressive measures. The struggle encountered by Polresta Pati in law enforcement include uncommunicative victims, the reported suspect who denies the accusation, delayed reporting resulting in the absence of medical evidence, and the lack of witnesses and evidence due to the incident occurring in a private setting.

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