Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
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.
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<![CDATA[Tarik Ulur Kewenangan Pusat dan Daerah dalam Penataan Ruang Proyek Strategis Nasional ]]>
<![CDATA[Mukmin Zakie]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The National Strategic Project or better known as the PSN is a policy program that was born during the reign of President Joko Widodo. This program is highly prioritized because it is claimed to be able to help improve welfare and equitable development in various regions in Indonesia. The issue raised in this case is how the tug-of-war of central and regional authority in the spatial planning of the national strategic project (PSN). This research is normative legal research with statutory and conceptual approaches. The results of the research show that regions that have authority in the field of spatial planning according to the Regional Government Law and the Spatial Planning Law lose their authority in terms of controlling spatial use. In addition, there are potential conflicts, both conflicts between government agencies and conflicts with the community (land owners or communities affected by PSN development).]]>
<![CDATA[Masalah Pengadaan Tanah Untuk Proyek Strategis Nasional (PSN) ]]>
<![CDATA[Roni Septian]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The National Strategic Project or better known as the PSN is a policy program that was born during the reign of President Joko Widodo. This program is highly prioritized because it is claimed to be able to help improve welfare and equitable development in various regions in Indonesia. The problem raised in this case is how the problem of land acquisition for the National Strategic Project (PSN). This research is normative legal research with statutory and conceptual approaches. The results of the study show that state facilities and instruments (law, state budget, incentives, bureaucrats and even the armed forces) are deployed to facilitate and protect SSA exploitation in Indonesia by entrepreneurs (PSN, KEK, FE, forests, plantations, mines). Meanwhile, tens of millions of farmers, fishermen, indigenous peoples and women are deliberately allowed to live in agrarian conflicts and poverty so as not to disturb SSA monopoly and exploitation by entrepreneurs.]]>
<![CDATA[Penegakan Hukum Tindak Pidana Pelanggaran Lalu Lintas Melalui Tilang Elektronik di Wilayah Kota Madiun ]]>
<![CDATA[Adelia Fatin Faadihilah]]>;
<![CDATA[Ari Wibowo]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 2 JULI 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This research concerns law enforcement of traffic violations through electronic ticketing in the Madiun City Region. This type of research uses empirical legal research. This study uses a statutory approach and a sociological approach. The results of the study are that, first, law enforcement against electronic traffic ticket violations in the Madiun City Region is carried out with preventive efforts in the form of police goes to school and Podcast Influencer activities. Meanwhile, a repressive effort is to follow up on traffic violators massively through the help of CCTV which catches traffic violators in Madiun City. Second, the obstacle in law enforcement against electronic traffic ticket violations in the Madiun City Region is that the e-ticket regulations have not been made by the Madiun City Government; The Back Officer cannot process the results of camera work in the form of detecting vehicle license plates; the people of Madiun City are mostly still ignorant of traffic regulations; and the socialization of e-tickets is still lacking in its implementation.]]>
<![CDATA[Pelanggaran Hak Merek Yang Memiliki Persamaan Pada Pokoknya (Studi Kasus Sengketa Merek ‘GOTO’ antara Gojek dan Tokopedia Dengan PT Terbit Financial Technology) ]]>
<![CDATA[Marchelina Ramadhanty Wahyu Utami]]>;
<![CDATA[Siti Hapsah Isfardiyana]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 2 JULI 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[A brand is a symbol in the form of two dimensions and/or dimensions to differentiate between goods and/or services produced by individuals or legal entities with goods and/or services belonging to three. The purpose of the protection of trademark rights is to provide exclusive rights for the holder so that the mark is not used by other business actors. Mark Rights are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Trademark rights are constitutive rights, which means that whoever registers first gets the right. Trademark rights are exclusive rights, so their ownership must be protected. Violation of trademark rights if the mark has similarities in principle with the registered mark. As happened in the case of Gojek and Tokopedia against PT Terbit Financial Technology related to the “GOTO” brand. Article 83 paragraph (1) of Law Number 20 of 2016 stipulates that parties who feel aggrieved because of a mark that makes their mark can file a claim for compensation and/or temporary suspension to prevent greater losses.]]>
<![CDATA[Pemenuhan Sarana Prasarana yang Aksesibel Bagi Penyandang Disabilitas di Pengadilan Negeri se Daerah Istimewa Yogyakarta ]]>
<![CDATA[Muhammad Mega Firstian Utama]]>;
<![CDATA[M. Syafi’ie]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 2 JULI 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[Efforts to guarantee equal rights for disabilited people through the fulfillment of accessible facilities and infrastructures in district courts to support the establishment of justice that inclusive of people with disabilities. Regulations that accommodate efforts to fulfill accessible facilities and infrastructure for peoples with disabilities. In the real case, it turns out that there are still many people with disabilities who didnt received accessible facilities and infrastructure according to their needs when they are going to visit the court. Therefore, the purpose of this research is to identify and analyze the fulfillment of accessible facilities and infrastructure and obstacles are encountered in efforts to realize accessibility to district courts throughout DIY based on the applicable normative provisions. This research is an empirical legal research using analytical methods obtained from the field associated with secondary data. Based on the research that has been conducted, it is found that majority district courts in DIY didnt fully accommodated the provision of accessible facilities and infrastructure, for persons with disabilities. Several obstacles were found in realizing accessible facilities and infrastructure for people with disabilities due to the absence of technical guidelines regarding the standardization of accessible facilities and infrastructure for persons with disabilities and the limited availability of the budget, that will be issued to realize this fulfillment. Therefore, to realize the fulfillment of accessible facilities and infrastructure, it is necessary to qualify internal policies from the courts and government.]]>
<![CDATA[Akibat Hukum Terhadap Surat Keterangan Warisan Yang Dibuat Tanpa Melibatkan Seluruh Ahli Waris Dan Tidak Berdasarkan Surat Wasiat (Studi Tentang Surat Wasiat Nyi Moertinem alias Wiryodiharjo) ]]>
<![CDATA[Nixon Shadda Priyantonojati]]>;
<![CDATA[Abdul Jamil]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 2 JULI 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[Inheritance law is a norm governing the transfer of assets of a deceased person to the rightful person. There are problems related to the certificate of inheritance which was made privately by not involving all the heirs in the presence of a will that occurred in the case of the heirs of the late Nyi Murtinem. So that two formulations of the problem can be formulated. First, what are the legal consequences of making a certificate of inheritance without involving all heirs and not based on a will from Nyi. Murtinem Second, what are the legal remedies that can be taken by the heirs of the late Mr. Paldjono and the late Mr. Partono against the certificate of inheritance made without involving all heirs and not based on a will from Nyi. Murtinem? The research method in this research is juridical-empirical legal research. Field research examines legal provisions in people's lives. The results of this research are, First, the legal consequences of this problem result in legal defects because formally it contradicts Article 111 paragraph (1) letter c of the Minister of Agrarian and Spatial Planning Regulation Number 16 of 2021 and materially contradicts Article 263 of the Indonesian Book of Laws Criminal. There are 4 legal remedies that can be taken by the heirs of the late Mr Partono and Mr Paldjono, namely mediation, legal action, filing a lawsuit, and requesting mediation.]]>
<![CDATA[Perkawinan Sebagai Konstruksi Dasar Hubungan Kekerabatan Dan Tanggung Jawab Seorang Laki-Laki Terhadap Anak Di Indonesia ]]>
<![CDATA[Rifaldi Adi Tama]]>;
<![CDATA[Umar Haris Sanjaya]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 2 JULI 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[In theory, the Constitutional Court Decision Number 46/PUU-VIII/2010 regarding the review of the Marriage Law stipulates the definition of a child out of wedlock as a child from unregistered marriage. However, in practice there is a fact that there is a lawsuit from the mother of a child resulting from a non-marital relationship contained in the decision of the Tangerang District Court No. 746/Pdt.G/2021/PN.Tng. rejected due to the absence of marriage between the parties. The formulation of the problem in this study is: How can a man be related to kinship and responsibility with children in Indonesia?; and Can kinship relations and responsibilities between men and children arise without marriage relations in Indonesia? This research is a normative legal research with a statute approach as well as a conceptual approach and a case approach regarding marriage as the basis of kinship relations and the responsibility of a man towards children in Indonesia. The results of this study indicate that marriage and blood relations (nasab) are elements that must be fulfilled to link kinship and responsibilities between men and children. Without the fulfillment of these elements, the child cannot be related to his kinship and responsibilities with a man. The conclusion shows that the marital relationship is an important element to link kinship and bind men's responsibilities with a child. On this matter, the author suggests to the Court to reject the application that is about responsibility for children resulting from non-marital relations and a man can be given a ta'zir if it can be proven first that he has a blood relationship with a child from non-marital relationship.]]>
<![CDATA[Urgensi Pengaturan Laporan Dana Kampanye Dalam Penyelenggaraan Pemilu Serentak di Indonesia ]]>
<![CDATA[Al Fatah Hidayat]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The flow of campaign fund donations is often a source of misappropriation and even creates the potential for money politics. For this reason, the General Election Commission (KPU) as an independent institution authorized to carry out elections forms regulations related to campaign finance reporting. There are three forms of campaign fund reports regulated by the KPU, namely; LADK, LPSDK and LPPDK. Therefore, there are several things that become the focus of this research, namely; the urgency of regulating campaign finance reports in organizing simultaneous elections in Indonesia and the legality of arrangements related to reports on the receipt of campaign donations in simultaneous elections in Indonesia. This research uses doctrinal legal research with a juridical-normative approach. Regulations related to campaign finance reports are important considering that campaigns are often tainted with various kinds of corrupt practices. The normative basis of the Law related to LPSDK is not explicitly stated. LPSDK can be interpreted as a constitutional convention as well as beleidsregel.]]>
<![CDATA[Pengecualian Prsidential Threshold terhadap Partai Politik Baru Peserta Pemilihan Umum ]]>
<![CDATA[Torik Abdul Aziz Wibowo]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The Presidential Threshold setting provides a separate previllage for parliamentary Political Parties to nominate a Pair of. Meanwhile, political parties that have just become participants in the general election contestation cannot nominate their presidential and vice-presidential candidates in that election. Meanwhile, the Constitutional Court has consistently stated that the Presidential Threshold is an open legal policy 27 times. This makes the function of political recruitment by new political parties impossible. Kebangkitan Nasional Party (PKN) proposed testing the Presidential Threshold at MK which in the petite of this propose request that the Constitutional Court decide on the application of the presidential threshold to exclude new political parties from participating in the election. So what are the problems with applying the presidential threshold in Indonesian elections? as well as, what is the relevance of implementing the presidential threshold exception for new political parties participating in the election? This paper was prepared based on legal research with a juridical-normative approach using primary legal sources as the main research material. The results of this study conclude first, setting the presidential threshold creates anomalies and discrimination against political parties that have just become election participants. Second, the relevance of the presidential threshold exception is as an antithesis to the symptoms of cartelization that occurred in old political parties Presidential Candidates and Vice Presidential Candidates.]]>
<![CDATA[Konstitusionalitas Sistem Proporsional Terbuka Pasca Putusan Mahkamah Konstitusi Nomor 114/PUU-XX/2022 ]]>
<![CDATA[Yuniar Riza Hakiki]]>;
<![CDATA[Zaqil Widad]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The Constitutional Court (MK) ruled on case No. 114/PUU-XX/2022 which essentially rejected a request for an open proportional system to be declared unconstitutional. The Court refuted all of the petitioner's arguments along with an explanation of the constitutionality of the open proportional system. Nevertheless, the Constitutional Court realizes conceptually and in practice that whatever electoral system is chosen by the framer of the law still has advantages and disadvantages. So, what is the consideration of the Constitutional Court rejecting the application for the cancellation of the open proportional system? And is an open proportional system an electoral system whose constitutionality is absolute? This paper is written based on legal research with normative juridical methods that use a case approach. The primary legal material used is the Constitutional Court decision No. 114/PUU-XX/2022, and is supported by secondary legal material. This paper concludes, first, that the Constitutional Court rejects the application for cancellation of the open proportional system based on 6 (six) points of rebuttal to the applicant's arguments, 1 (one) argument for the Constitutional Court's stance that improvements and improvements to the implementation of elections can be carried out in various aspects without having to change the system, and based on the original intent and systematic interpretation of Article 22E paragraph (3) and Article 1 paragraph (2) of the 1945 Constitution; second, the open proportional system is not an electoral system whose constitutionality is absolute, because the Constitutional Court emphasized that the electoral system is an option for the framer of the law that remains open to the possibility of being adjusted to the dynamics and needs of holding general elections. However, the Constitutional Court provides a number of constitutional limitations that must be considered by the framers of the law if they are going to make improvements to the current system]]>
