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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 Terhadap Korban Tindak Pidana dalam Konsep Pemaafan Hakim (Perbandingan antara Hukum Pidana Indonesia dengan Belanda) Muhammad Gibran Hariza; Syarif Nurhidayat
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

Abstract This research aims to analyze the concept of judicial discretion as regulated in the National Criminal Code and compare it with the Dutch Criminal Code from the perspective of legal protection for victims of criminal acts. The issues examined in this study are: First, the basic idea of judicial discretion as related to provisions for victim protection. Second, a comparison with the Dutch legal system. The method used in this study is a normative method using a regulatory, comparative, and conceptual approach with primary, secondary, and tertiary legal data sources obtained through document and library studies and analyzed descriptively and qualitatively. Based on the results of the study, the concept of judicial leniency to be implemented in the criminal justice system in Indonesia is not yet fully supported by factors related to legal protection for victims. Additionally, there is no explicit explanation regarding the classification of criminal offenses that may be subject to leniency and the clarification of sentencing criteria that should serve as a guideline for judges in rendering decisions. The Netherlands, with its advanced criminal justice system, has long since implemented the concept of judicial discretion with mutually supportive integration between norms, so that the interests of victims' rights can be fulfilled. This can be an innovation in the reform of the criminal justice system in Indonesia. The recommendation from this research is that there is a need for improvement, synchronization, and harmonization of the provisions in the concept of judicial discretion. Additionally, victim impact statements can be considered as one of the factors to accommodate the interests of victims of criminal offenses.
Pengaruh Penerapan E-litigation Terhadap Proses Cerai Gugat Pada Pengadilan Agama Merauke Khaerul Firman Mustari; Rizky Ramadhan Baried
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

ABSTRACT In this technological era, the Supreme Court of the Republic of Indonesia has implemented a form of digital service to create a simple, fast, and low-cost judicial system, namely e-court and e-litigation. It being implemented in court below supreme court entirely, one of them is Islamic court. The formulation of the problem in this study are: How does the application of e-litigation affect the divorce process at the Merauke Islamic Court? How are the efforts of the Merauke Islamic Court in encouraging justice seekers (plaintiffs/applicants) to proceed with e-litigation? The research method used is empirical legal research with a statutory approach and a sociological juridical approach. The results in this study are the effect of the application of e-litigation on the divorce process at the Merauke Islamic Court so far has not been running effectively, due to inadequate human resources and the lack of technological knowledge. The efforts of the Merauke Islamic Court in encouraging justice seekers (plaintiffs/applicants) to proceed with E-litigation are to carry out the socialization through the Merauke Islamic Court website, distributing brochures to the public, socializing in districts that are the jurisdiction of the Merauke Islamic Court.
Implementasi dan Konstruksi Ideal Pengaturan atas Limitasi Waktu dalam Gugatan Sederhana Zakaria Falyafil; Rizky Ramadhan Baried
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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Abstact This research aims to examine the implementation and construction of ideal arrangements towards time limits of small claims courts in accordance with Article 5 paragraph (3) of Supreme Court Regulation (PERMA) Number 2 of 2015 concerning Procedures for Small Claim Court. This research is a type of normative legal research using a conceptual approach, a statute approach, and a case approach. Sources of research data obtained by means of literature study by reading, citing and tracing laws and regulations, books, articles, journals, and other legal literature related to this research. The analysis was carried out by qualitative analysis. The results of this study indicate that in its implementation the simple lawsuit trial is divided into 3 conditions. First, small claim court with a period of less than 25 days. Second, small claim court with a period of exactly 25 days. Third, small claim court whose implementation period exceeds 25 days. Furthermore, the results of the study related to the ideal construction of the regulation of missed deadlines in a small claim court, the regulation of small claim court can refer to SEMA 2/2014, namely by assigning the presiding judge, reporting to the court the reasons for the lapse of time in a simple lawsuit and case data will be entered in an electronic-based case management information system. In the course of the trial, the judge can also give discretion over the time limit for the trial of a simple lawsuit by extending the examination time, which can only be fulfilled under certain conditions. For example, if both parties agree to make peace.
Dualisme Putusan Peradilan Tentang Batas Minimum Usia Calon Kepala Daerah pada Pilkada 2024 Muhammad Fajar Rizki
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

Abstract This study aims to analyze the regulation of the minimum age limit for regional head candidates after the dualism of judicial decisions regarding the minimum age limit for regional head candidates (open legal policy) between the Constitutional Court and the Supreme Court. The problems studied consist of: First, the construction of the two judicial decisions regarding the minimum age limit for regional head candidates. Second, the problems caused by the dualism of judicial decisions on the norms that are open legal policy. Third, future arrangements regarding the age of regional head candidates. This research uses normative legal research methods, so this research uses a statutory approach and a case approach. The results of this study show that between the two judicial decisions there are different methods of interpretation and configuration, as well as in the application of methods of interpretation that are closely related to the authority of the legislature (open legal policy). In addition, the dualism of these judicial decisions raises a variety of issues, ranging from regulatory issues, interpretation issues, to legal certainty issues. The results of further research show that the dualism of decisions cannot be avoided due to the dualism of judicial review authority by these two judicial institutions which has the potential to cause various kinds of problems including not providing guarantees of legal certainty, conflicting judicial decisions, to cause permits to be issued.
Perlindungan Hukum bagi Pengemudi Gocar atas Pesanan Semu oleh Penumpang Shafaa Istiana Nadzary; Retno Wulansari
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 research examines the legal protection provided for Gocar drivers against fake orders made by passengers and to identify possible legal remedies when losses occur. The main issues examined are the effectiveness of legal rules and partnership agreements in ensuring certainty and justice for drivers. The research employs a normative juridical method using statutory, contractual, and case study approaches, with data collected through literature review and analyzed qualitatively. The findings reveal that legal protection is actually regulated under the Indonesian Civil Code, the Consumer Protection Law, and the partnership agreement with PT Gojek Indonesia. However, in practice, such protection has not been effective since fake orders remain widespread, passengers often act in bad faith, and compensation mechanisms provided by PT Gojek are inadequate, leaving drivers to bear most of the losses. Steps that can be taken include settlement through PT Gojek’s internal system, dispute resolution via the Consumer Dispute Settlement Agency (BPSK), and civil lawsuits based on unlawful acts. The study concludes that existing legal protection remains weak, thus strengthening company policies and improving access to dispute resolution mechanisms are necessary to ensure more effective protection of drivers’ rights.

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