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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 318 Documents
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Gender Persecution of Afghan Women Under Taliban Rule: Assessing the ICC’s Jurisdiction and Responsibility Zarafshan Hussaini
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The Taliban's return to power in Afghanistan in 2021 was one of the most severe contemporary attacks on women's and girls' rights. Since then, the Taliban rule has imposed several restrictions on every aspect of women's lives, including access to education, freedom of movement, dress, work, public life, and political participation. Women and girls were excluded from society through such measures and systems. This paper analyzes whether the Taliban’s acts against women and girls count as gender-based persecution under the Rome Statute of the International Criminal Court (ICC). Using a normative analysis of journals, case studies, books, international organization reports, and ICC jurisprudence, the study demonstrates how the Taliban’s actions constitute a systematic and widespread attack against a civilian population. It further evaluates the ICC’s jurisdiction, legal standards, and the feasibility of prosecuting the Taliban authority. The findings indicate that the Taliban’s restrictive policies meet all key elements of gender persecution under Article 7(1)(h) of the ICC, including the severe deprivation of fundamental rights, the discriminatory intent behind the policies, and the targeted nature of the attacks against women and girls. ICC route, including territorial jurisdiction for crimes committed while Afghanistan was a state party to the Rome Statute, personal jurisdiction over nationals of ICC member states, and the possibility of referral through the UN Security Council. The article concludes that recognizing the Taliban’s actions as gendered harassment is not only legally justified but also necessary to ensure accountability and strengthen international human rights support.
The Implementation of Paris Agreement in Indonesia and the Impacts on Human Rights Farhat Habibi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The Paris Agreement serves as a global mechanism to address climate change. Indonesia, as one of the signatory countries, has implemented various policies and programs to fulfill its commitments. However, these actions have had significant impacts on human rights, particularly for low-income communities. This research aims to examine the implementation of the Paris Agreement at the national level and to assess the extent to which these actions have affected human rights. Using a normative legal approach and a qualitative method, government policies in combating climate change and their impacts on individuals’ rights have been analyzed. The theoretical framework of the research is based on environmental governance theory and human rights theory. The findings show that although Indonesia’s climate policies—including the establishment of relevant institutions and agencies, the integration of the Paris Agreement into national laws, changes in energy use, forest protection, and similar measures—have been effective in addressing climate change and reducing greenhouse gas emissions, they have, in many cases, resulted in human rights violations, especially concerning economic rights, the right to housing, and the right to health. These violations highlight the challenges in balancing environmental objectives with human rights protection and emphasize the necessity of integrating human rights considerations into climate change policies, along with providing compensatory measures when these rights are adversely affected.
Legal Consequences of Depriving Women of Education in Afghanistan Najiba Farahmand
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The denial of women’s right to education in Afghanistan, especially after the Taliban returned to power in 2021, is considered one of the most serious human rights violations. The right to education is recognized as a fundamental human right in international documents such as the Universal Declaration of Human Rights, the Covenant on Economic, Social and Cultural Rights, and the Convention on the Elimination of All Forms of Discrimination against Women. Despite these commitments, the Taliban have deprived millions of Afghan women and girls of this fundamental right by banning girls’ education beyond the sixth grade and closing universities. This research aims to examine the legal consequences of women’s lack of access to education in Afghanistan. The research method in this article is descriptive-analytical, and the information was collected through library resources, international law documents, and relevant reports of international organizations. The research findings show that, in addition to violating the right to education, women’s deprivation of education leads to violations of human dignity, reduced political and social participation of women, limited job opportunities, and increased social injustice. The research concludes that the international community and international institutions have an important responsibility to support the right to education of Afghan women and must provide access to education for Afghan women and girls through diplomatic pressure, human rights monitoring, and the creation of alternative educational opportunities.
Reassessing Global Monetary Governance: IMF, Dollar Hegemony, and the Quest for Economic Justice in a Fragmented Global Order Syah Muhammad Mousa Al Zaki
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This article analyzes the structural limits of contemporary global monetary governance amid rising geopolitical tensions, expanding economic sanctions, and renewed debates on de-dollarization and monetary sovereignty. While international monetary law is often presented as a neutral framework aimed at ensuring stability and cooperation, recent developments suggest a system increasingly marked by asymmetrical power, legal fragmentation, and distributive inequality. Drawing on a Law and Political Economy (LPE) perspective, this study argues that the dominance of the United States dollar and the institutional role of the International Monetary Fund (IMF) are not merely economic outcomes, but reflect a legalized hierarchy embedded in global monetary governance. Methodologically, the research combines doctrinal legal analysis with a policy-oriented approach, focusing on soft law instruments, institutional design, and governance practices. The analysis shows that monetary infrastructures and legal norms enable the strategic use of financial sanctions, thereby constraining monetary sovereignty and limiting policy space for many states. In this context, de-dollarization and calls for monetary autonomy are better understood not simply as economic or political responses, but as legal critiques of an unequal global order. This study contributes to international economic law by advancing a reform-oriented perspective that emphasizes monetary pluralism, seeks to limit asymmetric power, and calls for greater accountability and economic justice.
Symbolic or Substantive? Women’s Political Participation and Its Impact on Legal Development in Afghanistan (2001–2021) Aghamah Dehqanyar
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study rigorously analyzes women's political participation in Afghanistan throughout the Republican era (2001–2021), emphasizing whether this participation was largely symbolic or led to significant legal advancements. Subsequent to the collapse of the Taliban rule in 2001, Afghanistan implemented substantial legal and institutional reforms to advance gender equality, encompassing constitutional assurances and female quotas in the parliament. Notwithstanding these formal achievements, the degree to which women may affect legal and political outcomes remains disputed. This research employs feminist legal theory to examine the disparity between legal provisions and genuine political impact, utilizing qualitative content analysis of legal texts, policy frameworks, and electoral statistics. The data indicate that although women's political participation generated significant chances for representation and exposure, its overall effect was predominantly limited by structural, cultural, and political obstacles. The study suggests that women's involvement in Afghanistan was both symbolic and substantive; yet, symbolic representation frequently surpassed substantive influence, especially in critical decision-making processes. This underscores the inadequacies of formal legislative reforms in attaining authentic gender equality in post-conflict settings.
Implementasi Kewenangan Pemerintah Daerah dalam Pengawasan Kepatuhan Pembayaran Pajak Hiburan Konser Musik di Kabupaten Sleman Fidecia Masayu Sharrla; Siti Rahma Novikasari
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 2 MARET 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This study aims to analyze the implementation of the Sleman Regency Government's authority in supervising compliance with entertainment tax payments in music concerts. Entertainment tax is an important component of Regional Original Income (PAD), with a self-assessment method regulated in Law Number 1 of 2022 concerning Financial Relations between the Central and Regional Governments (HKPD Law). Sleman Regency has a strong entertainment sector dynamic with many national and international concerts, however, pre-research results indicate potential non-compliance such as ticket reporting manipulation, tax evasion through disguised activities, and non-transparency of the number of tickets sold. This study uses an empirical juridical method to assess the implementation of supervision, through interviews with the Sleman Regency BPKAD Office and three Concert Promoters, as well as document analysis related to reporting procedures, ticket distribution, and field supervision mechanisms. The results show that the Sleman Regency Government has implemented preventive supervision through direct monitoring, but repressive supervision regarding the application of administrative sanctions in the form of a 1% sanction of tax debts according to Regional Regulation Number 7 of 2023 has not been carried out. Although promoter compliance is considered relatively high, challenges remain, including limited supervisory human resources, coordination between police agencies and tourism agencies, and weak transparency in ticket reporting. This study recommends strengthening digital reporting, integrating the licensing system with tax verification, and routine audits to prevent local revenue leakage. These findings are expected to contribute to improving regional tax governance based on accountability and legal certainty.
Tanggung Jawab Bank sebagai Bentuk Perlindungan Hukum bagi Nasabah Penyimpan Simpanan Deposito Alif Imaduddin Azzam; Inda Rahadian
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 2 MARET 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Banks are obligated to ensure the security of funds deposited by the public in accordance with the Banking Law. In practice, issues concerning the loss of customers deposits frequently occur. Therefore, this research aims to examine the legal problems related to, first the liability of banks for the loss of customer deposit funds and second, the legal protection provided to customers in cases of lost deposit funds within a bank. This study employs a normative legal research method, utilizing statutory, conceptual, and case approach based on secondary data sources. The findings of this research conclude that banks bear responsibility for compensating the losses incurred from the disappearance of customer deposit funds, based on the principle of vicarious liability. The legal protection available to customers includes both preventive legal protections, as stipulated in Law on the Development and Strengthening of the Financial Sector, Financial Services Authority Regulation on Customer and Public Protection in Financial Services Sector, and the Financial Services Authority Regulation on Risk Management Implementation for Commercial Banks. As repressive legal protection is provided through complaint procedures and dispute resolution processes at the bank level, through the Financial Services Authority, and ultimately through the Financial Services Sector Alternative Dispute Resolution Institution or the courts.
Penegakan Hukum Terhadap Pelanggaran atas Larangan Penggunaan Jalan Umum oleh Angkutan Batubara di Kalimantan Selatan Siti Raihanah; Moh. Hasyim
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 2 MARET 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This study aims to analyze the implementation of law enforcement against violations of the prohibition on the use of public roads by coal transporters in South Kalimantan. The research problem formulation includes law enforcement efforts against business axtors violating the prohibition on the use of public roads, the obstacles encountered in enforcing such law, and the compliance of law enforcement with applicable regulations. The research method used is empirical research with primary and secondary data. The approach in this study consists of two types: a legislative approach and a conceptual approach. Data analysis teachniques utilize qualitative analysis, and data collection techniques through literature review and interviews. This study has found several findings. The results indicate that law enforcement against violations of the prohibition on the use of public roads by coal transporters has been implemented, but the application of applicable sanctions has not been optimal
The Reality Of The Agrarian Law: Can It Address ‎Indonesia’s Land Problems? R. Mustar Lofi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The Basic Agrarian Law (UUPA) of 1960 was established as the primary legal framework to govern land ownership, control, and utilization in Indonesia. Its core objectives were to promote social justice, ensure legal certainty for all citizens, and enhance public welfare through equitable and sustainable land governance. However, despite being in force for over six decades, Indonesia still faces persistent and increasingly complex agrarian issues. These include overlapping land certificates, recurring land conflicts, inadequate recognition of indigenous land rights, and the inefficiency of the land administration system. This study aims to explore the central question: To what extent is the UUPA effective in resolving current land-related problems in Indonesia, and how does its legal framework compare to the more advanced land law systems of other nations? This research applies a normative legal method with a comparative approach, analyzing case studies of land disputes in Indonesia and drawing comparisons with the land law practices in Singapore, Malaysia, China, and the Philippines. Findings indicate that the UUPA suffers from significant structural weaknesses, particularly in recognizing customary land rights and establishing a coherent and transparent administrative structure. Therefore, while the UUPA remains a historical milestone in Indonesian land law, this article concludes that substantial reforms are urgently needed to align the law with current social demands, legal complexities, and the pressures of globalization in the 21st century.
The Omnibus Law in Indonesia: Legal and Technological Dimensions of Policy Reform in a Civil Law Context Nanik Prasetyoningsih; Muhammad Nur Rifqi Amirullah; Zulfan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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In the digital governance era, the Omnibus Law also reflects Indonesia’s attempt to modernize its regulatory system through integrated and technology-driven policymaking. The Omnibus Law signifies a crucial reform in Indonesia's legislative and policy framework, especially affecting infrastructure and policy growth. Inspired by common law traditions, the legislation seeks to streamline restrictions and expedite economic progress. This article analyzes the implementation of omnibus legislation in Indonesia in relation to legal reforms within common law and civil law frameworks, highlighting their effects on infrastructure initiatives and policy efficacy. This study employs a comparative and qualitative research methodology to examine legal reforms, their execution, and the difficulties encountered in applying the omnibus law model inside a civil law jurisdiction. The findings underscore the Omnibus Law's capacity to optimize governance, draw investment, and improve regulatory clarity, while simultaneously mitigating the risks of legal inconsistency and public opposition. The study contributes to the discourse on how legal modernization and regulatory simplification reshape governance and society in Indonesia’s civil law context. This study contributes to the emerging discourse on digital constitutionalism within civil-law jurisdictions, highlighting Indonesia’s effort to balance innovation with constitutional accountability.

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