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 285 Documents
 25   26   27   28   29 
Analisis Yuridis Mengenai Sengketa Tanah Bekas Milik Belanda Antara Masyarakat Dengan Pt Kereta Api Indonesia (Persero) Berdasarkan Putusan Pengadilan Nomor 1145/Pdt.G/2023/Pn.Sby Wedistya, Febrian Putra; Nugroho, Eko Rial
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

Abstract This research aims to juridically analyze the judge’s considerations in the Surabaya District Court Decision Number 1145/Pdt.G/2023/PN.Sby and to assess the compatibility of the ruling with land law principles and prevailing legal regulations in Indonesia. The research method employed is normative juridical, using statutory and case approaches. The findings indicate that the community’s occupation of the land is not fully recognized under positive law due to the absence of formal ownership evidence, while PT. Kereta Api Indonesia (Persero) bases its claim on the land’s status as a state asset inherited from the colonial period, which has not been officially transferred. The court's decision affirms the legal standing of PT. Kereta Api Indonesia (Persero) as the rightful party to the disputed land. The land ownership dispute over former Dutch property between the local community and PT. Kereta Api Indonesia (Persero) is a complex legal issue, deeply intertwined with historical, administrative, and civil rights aspects. This study recommends a reformulation of policies regarding the redistribution of former colonial lands to ensure legal certainty and justice for the affected communities
Perlindungan Hukum terhadap Konsumen Smartphone Bermerek Iphone dalam Pemblokiran International Mobile Equipment Identity (Imei) di Yogyakarta Sinrang, Andi Rizqya Fitriany; Nugroho, Eko Rial
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

Abstract This research aims to analyze the form of legal protection for consumers in the event of blocking the IMEI on the Iphone and analyze the liability of consumers in blocking the IMEI on the Iphone. The type of research used in this research is normative juridical research with a statutory approach and a case approach. The research data source uses secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research data collection technique in this research uses literature study and document study and the research data analysis method uses descriptive qualitative. The result of this research is the form of legal protection for consumers in the event of blocking of IMEI on i-phone is a form of preventive legal protection and repressive legal protection. Preventive legal protection to consumers is carried out by fulfilling consumer rights and fulfilling the obligations of business actors as regulated in Article 5, Article 7 and Article 8 paragraph (1) of the Consumer Protection Law, and Article 3 paragraph (1) Permenkominfo 1/2020. Forms of repressive legal protection through dispute resolution efforts with non-litigation legal steps and litigation legal steps. The liability of business actors to consumers on smartphones with unregistered IMEI is that the business actor (seller), namely the “Tepat Store” Store, provides compensation for damage and / or loss to consumers as a result of using the goods being traded in the form of a refund in the amount of the selling price of the goods purchased by the buyer (consumer), which is Rp. 6,729,000, 00 (six million seven hundred twenty-nine thousand rupiah). The buyer (consumer) is asked to return or surrender the smartphone that has been purchased to the seller with a reset condition.
Analisis Putusan Mahkamah Konstitusi Terkait Politik Uang Berdasarkan Putusan Mahkamah Konstitusi Nomor 59/PUU-XXII/2024 Pratama , Agung Gilang; Sadzali, Ahmad
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

Abstract This study is entitled “An Analysis of the Constitutional Court’s Decision on money politic Based on Constitutional Court Decision Number 59/PUU-XXII/2024.” The thesis addresses the following research questions: (1) What are the challenges in the regulation of money politic in Indonesia? (2) How do the Constitutional Court judges interpret money politic in Decision 59/PUU-XXII/2024 concerning the judicial review of Article 523, Paragraphs (1) and (2) of Law Number 7 of 2017 on General Elections? In addressing these questions, this study employs a qualitative descriptive research method, involving the classification and comparison of field data with legal theory to derive significant and scholarly conclusions. The research is conducted using normative and case study approaches. The findings indicate that the primary issues related to the first research question include structural challenges, insufficient public participation, and regulatory constraints. Regarding the second research question, the Court reaffirmed its stance of refraining from intervening in criminal policy matters related to penal norms, further noting the practical reality that many cases in the field are discontinued.
Pencegahan Gagal Transaksi Pembelian Dan Pembayaran Industrial Blockchain Cryptocurrency Secara P2P (Peer To Peer) Melalui Arbitrase Internasional Gallan, M.Sayyid Putra; Sutrisno, Nandang
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

Abstract This study discusses how digital asset transactions based on blockchain through peer-to-peer (P2P) networks often fail. This is generally due to a lack of effective conflict resolution mechanisms, delays in confirmation, and a lack of transparency in the execution of digital contracts. In such situations, conflicts that arise are often difficult to resolve through the courts due to cross-border jurisdictional factors and the complexity of the technology involved. This study explores how effective international arbitration can be as an alternative in preventing and resolving disputes arising from blockchain-based crypto transactions, particularly by leveraging arbitration clauses in digital trade contracts. This study emphasizes the role of the Singapore International Arbitration Centre (SIAC) with its 2025 Digital Assets Arbitration Rules, as well as decentralized resolution approaches such as Kleros. The methodology used in this study is a normative legal approach, supported by case studies and analysis of international legal regulations such as the 1958 New York Convention and the UNCITRAL Model Law. This research demonstrates that incorporating arbitration clauses covering jurisdiction, emergency arbitrators, and interim measures can reduce the risk of disputes and expedite the recovery process. International arbitration has proven capable of adapting to the characteristics of digital transactions, thereby potentially becoming the primary forum for dispute resolution within the digital asset-based financial ecosystem.
Penghentian Penuntutan Tindak Pidana Penyalahgunaan Narkotika Berdasarkan Keadilan Restoratif Di Kejaksaan Tinggi Jawa Tengah Elvany, Ayu Izza; Sasikirana, Reswara Padma
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

Abstract The development of law enforcement in Indonesia has long recognized the concept of restorative justice. The Attorney General's Guideline Number 18 of 2021 concerning the Resolution of Narcotics Abuse Criminal Cases Through Rehabilitation with a Restorative Justice Approach as the Implementation of the Principle of Dominus Litis by the Prosecutor serves as the legal basis for Public Prosecutors in handling narcotics abuse cases based on restorative justice. This study aims to examine the implementation of the Termination of Prosecution for Narcotics Abuse Crimes Based on Restorative Justice at the Central Java High Prosecutor's Office. The research method used is empirical legal research, employing a sociological approach. Data were collected through interviews, literature review, and document analysis. The results indicate that first, the considerations of the Central Java High Prosecutor's Office in approving proposals from District Prosecutor Offices regarding the termination of prosecution for narcotics abuse crimes based on restorative justice comply with the Attorney General's Guideline Number 18 of 2021 concerning the Resolution of Narcotics Abuse Criminal Cases Through Rehabilitation with a Restorative Justice Approach as the Implementation of the Principle of Dominus Litis by the Prosecutor. Second, although the implementation of the cessation of prosecution for drug abuse offenses has been carried out in accordance with the provisions of the Attorney General's Guidelines Number 18 of 2021, there are obstacles in its implementation related to the financing of rehabilitation for drug abuse, which is required to be funded by the State.
Kebijakan Formulatif Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang (Studi Perbandingan Indonesia dan Singapura) Maulana, Fasya Putri; Elvany, Ayu Izza
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

Abstract This research is motivated by the need for Indonesia to reform the law regarding money laundering crimes that are increasingly developing the types of actions. Currently, Indonesia has enacted Law No. 8 of 2010 on the Prevention and Eradication of the Crime of Money Laundering and most recently regulated in Law No. 1 of 2023 on the Criminal Code. Based on the Mutual Report Evaluation Financial Action Task Force, Singapore is one of the ASEAN countries that has the lowest level of money laundering crime with a strict regulatory structure. So the purpose of this research is to compare regulations between the two countries which hopefully can provide some ideal construction for legal reform in Indonesia. The research method used in this research is normative juridical research by examining secondary data document studies such as legislation and comparative approaches. Based on the research conducted, it is found that there are differences in legal formulations between Indonesia and Singapore, namely related to the broader scope of criminal acts of origin and clarity in several elements of the article so as not to cause various interpretations and there are differences in criminal sanctions for active, passive and corporate actors so as to provide a deterrent effect to perpetrators of money laundering. In addition, the results of this study will provide some forms of ideal construction that can be considered by policy makers to improve regulations related to money laundering in Indonesia.
Kebijakan Formulatif Sanksi Pidana Delik Korupsi Kerugian Keuangan Negara dalam KUHP Nasional Berbasis Tujuan Pemidanaan Deterrence Alghifari, Habil; Elvany, Ayu Izza
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

Abstract This study discusses the urgency and application of the theory of the purpose of deterrence punishment in the formulative policy of criminal sanctions against corruption crimes of state financial losses which specifically refer to the criminal provisions in Statute Number 1 of 2023 concerning the Criminal Code (National Criminal Code) which is the lex posterior of Statute Number 31 of 1999 concerning the Eradication of Corruption. This study uses a normative legal research method, so this study uses a philosophical, conceptual and legislative approach method. The results of this study indicate that the construction of criminal sanctions for corruption crimes of state financial losses in the National Criminal Code does not reflect the purpose of deterrence punishment which can be seen from the lightness of the criminal sanctions applied in corruption crimes of state financial losses. The results of the next study are to form an ideal concept related to the formulated policy of criminal sanctions for corruption crimes of state financial losses in the National Criminal Code using the economic analysis of law approach.
Perlindungan Hukum Perwakilan Diplomatik Di Negara Penerima Yang Dikategorikan Sebagai Negara Rawan Konflik Berdasarkan Hukum Internasional Zaidan Nabil Musyaffa; Dodik Setiawan Nur Heriyanto
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

This study aims to determine and examine international law governing the legal protection of diplomatic representatives sent to countries categorized as conflict-prone areas. The main issues studied are how legal protection is provided to diplomatic representatives sent to countries categorized as conflict-prone areas and how the receiving state is accountable to diplomatic representatives who suffer any losses while on duty. This study uses a legislative and conceptual approach, by examining regulations related to this research. The study was conducted by analyzing actual conditions in accordance with the provisions of the 1961 Vienna Convention on Diplomatic Law. The results show that the 1961 Vienna Convention does not explain the granting of special treatment in order to provide protection for diplomatic representatives assigned to conflict-prone countries. The responsibility of the receiving state is explained in the optional protocol, but does not provide a concrete form of the intended responsibility. Special treatment for diplomats is found in several regulations made by the sending state, while the concrete form of the receiving state's responsibility is found in the Draft Articles Responsibility of States for Internationally Wrongful Acts.
Dasar Penemuan Hukum Hakim Pengadilan Agama Yogyakarta Dalam Mengabulkan Dispensasi Izin Kawin Anak di Bawah Umur Pasca Berlakunya Undang-Undang Nomor 16 Tahun 2019 Tentang Perkawinan (Studi Tentang Legal Reasoning) Indra Dwi Cristianto; Abdul Jamil
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

This study aims to analyse the basis for the Yogyakarta Religious Court Judges in making legal reasoning in granting dispensations for permission to underage marriage and find out the tendency of Yogyakarta Religious Court Judges to grant dispensations for underage marriage. The problem this research is what is the basis for the Yogyakarta Religious Court Judges in making legal reasoning in granting dispensations for underage marriage after the enctment of Law Number 16 of 2019, and why the Yogyakarta Religious Court Judges tend to grant dispensatons for marriage. This Research uses empirical legal research with an empirical and sociological approach. The data source of this research uses primary data through interviews and secondary data through library studies, document studies, and analysis qualitative. The results of this study indicate that the considerations of Yogyakarta Religious Court Judges in making legal reasoning are more likely to protecting children, but never consider how its relates to divorce data. The reason for the tendency of Yogyakarta Religious Court Judges to grant marriage dispensations is that only consider pity, only take one aspect of the maqasid sharia elements, namely the benefit of protecting children.
Formulasi Pengaturan ‘Pengakuan Bersalah’ Dalam Rancangan Kitab Undang-Undang Hukum Acara Pidana (Studi Perbandingan Konsep Plea Bargaining Di Amerika Serikat Dan Inggris) Mayo Ramza Pratama; Ayu Izza Elvany
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

This research aims to compare the special track regulations in the Indonesian Draft Criminal Procedure Code (RKUHAP) with the concept of Plea Bargaining in the United States and Plea Negotiations in the United Kingdom. Additionally, this study also aims to identify the ideal concepts of Plea Bargaining and Plea Negotiations to be applied to the special way system in Indonesia. The research method used is normative juridical with statutory, comparative, and conceptual approaches. The results show that although there are significant differences in implementation, application requirements, procedures, the authority of law enforcement officials, defendant's rights, and the outcomes of agreements among the three systems, there is a common goal of achieving efficiency in the judicial process and reducing the judicial burden. The special track concept in the RKUHAP, inspired by practices in the United States and the United Kingdom, is expected to expedite the resolution of criminal cases for defendants who admit their guilt. However, its regulation in the RKUHAP is considered to have shortcomings and lacks detail, particularly regarding the mechanism of confession, case referral, forms of agreement, the role of law enforcement officials, criminal sanctions, and procedures for retracting confessions. This study recommends that the Government and the House of Representatives conduct an in-depth review of the implementation of plea bargaining mechanisms and their supporting regulatory infrastructure, taking into account the experiences of the United States and the United Kingdom, as well as the principles of justice, transparency, and strict oversight.

Page 27 of 29 | Total Record : 285

 25   26   27   28   29 

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