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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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From Overcrowded Prisons to Balanced Justice: Restorative Approaches in Criminal Law Reform Sri Wulandari; Farisha Dian Prabaningtyas
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

Prison overcrowding has become a persistent challenge that undermines the legitimacy of criminal justice and generates widespread human rights violations. This paper examines the phenomenon as a structural crisis within criminal law rather than a mere administrative failure. Drawing on a normative juridical approach combined with comparative analysis, the study investigates how over-incarceration—particularly in Indonesia—reflects the limitations of retributive paradigms and explores restorative justice as a pathway toward balanced justice. Data from national and international sources, including the Directorate General of Corrections and the World Prison Brief, confirm that occupancy rates often exceed official capacity by 115–130 percent, resulting in conditions inconsistent with the International Covenant on Civil and Political Rights and the Nelson Mandela Rules. Comparative findings from New Zealand, Canada, and South Africa demonstrate that restorative justice can effectively reduce recidivism, alleviate overcrowding, and strengthen community trust. The results indicate that restorative justice not only provides alternatives to custodial sanctions but also aligns with human rights principles of dignity, fairness, and proportionality. The novelty of this research lies in reframing overcrowding as evidence of structural imbalance in criminal law and offering restorative mechanisms as a normative and practical solution. The study concludes that embedding restorative justice within criminal law reform is essential for achieving justice that is both effective and humane, with implications for Indonesia’s ongoing implementation of the 2023 Criminal Code.
Human Rights in the Prospect of Implementing Non-Conviction Based Asset Forfeiture in Corruption Cases in Indonesia Vincentius Patria Setyawan; Hartiwiningsih; Erna Dyah Kusumawati
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

Non-Conviction Based Asset Forfeiture (NCB AF) is an alternative legal mechanism that allows the state to recover assets derived from corruption without requiring a prior criminal conviction. This mechanism has gained global relevance as corruption often involves complex transactions, shell companies, and transnational financial flows that hinder criminal prosecution. However, the application of NCB AF raises significant human rights concerns, particularly regarding the presumption of innocence and the right to property. This study examines the human rights implications of implementing NCB AF in corruption cases within Indonesia’s legal system using a normative juridical and comparative approach. The comparative analysis draws insights from the United Kingdom, the United States, and the Philippines jurisdictions that have successfully balanced asset recovery objectives with fundamental rights protections. The findings indicate that while NCB AF strengthens Indonesia’s anti-corruption strategy, its implementation must incorporate strict procedural safeguards and judicial supervision to prevent arbitrary deprivation of property. The study concludes that a balanced legal framework integrating effective asset recovery with human rights protection is essential to ensure justice, accountability, and the legitimacy of the state’s anti-corruption efforts.
The Urgency of Criminalizing Stalking and Its Offense Formulation M. Syamsudin; Sukardi; Huzaimah Al-Anshori; Grees Selly
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

In the digital age, issues related to privacy invasion, repetitive monitoring, and harassment have become increasingly prevalent. One of the most concerning manifestations of these issues is stalking, a pattern of persistent, unwanted behavior that leaves victims feeling threatened, disturbed, and emotionally distressed. As technology advances, opportunities for stalking have expanded, particularly through digital platforms, which enable stalkers to monitor, contact, and manipulate victims more easily than ever before. Unfortunately, in Indonesia, there is a significant gap in the legal framework to address stalking effectively, as existing criminal laws do not yet include specific provisions for such actions. This study examines stalking from legal, social, and psychological perspectives to explore how criminalizing stalking could offer much-needed protection for victims. By adopting a juridical-normative approach, the research reviews relevant laws, regulations, and existing literature to analyze how Indonesia's legal system can adapt to manage stalking incidents better. Findings reveal that stalking profoundly impacts victims, threatening their safety, mental health, and personal freedom. The research underscores the necessity for Indonesia to establish precise legal definitions and clear criteria to classify behaviors as stalking. A well-formulated legal provision addressing stalking would not only provide clarity on the actions that constitute stalking but also outline suitable penalties to deter offenders. Such regulation could serve as a powerful tool to protect victims’ rights and ensure that they are safeguarded against persistent harassment. In conclusion, the study advocates for a comprehensive draft offense formulation on stalking within Indonesia’s criminal law framework to ensure that victims receive the legal protection they need and that perpetrators are held accountable for their actions,
Rethinking Institutionalized Impunity Through Wildlife Trafficking Case in Indonesia Vania Lutfi Safira Erlangga; Tatag Nasrul Andriawan
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

Impunity in Indonesia has often been examined through its physical expressions like State violence. This study broaden the concept of impunity as a structural condition that produces non-physical harm, such as the degradation of ecosystems and the erosion of community life. Using a conceptual, historical–legal, and case approach, this normative research traces how institutionalized impunity within the security apparatus (TNI and Polri) shapes environmental law enforcement and enables state actors’ involvement in illegal wildlife trafficking (IWT). Through the 2024 Asahan pangolin-scales case, where military and police personnel received lenient or delayed prosecution compared to civilian defendants, the paper exposes the mechanisms through which impunity distorts justice and accelerates environmental destruction. By reconstructing ecological and social transformations before and after wildlife extraction, the study shows how IWT undermines local ecological balance, alters community livelihoods, and entrenches asymmetrical power relations. Drawing on John H. Knox’s framework on the human right to a clean, healthy, and sustainable environment, Paul Gordon Lauren’s critique of sovereignty as a barrier to accountability, and Lawrence M. Friedman’s theory to evaluate the defective legal enforcement, this paper argues that impunity-driven environmental degradation constitutes a violation of human rights. It situates this argument within Indonesia’s legal and historical context, bridging environmental law, human rights theory, and state accountability. The analysis demonstrates that environmental harm, when enabled by institutional impunity, is not merely ecological damage but a juridical failure that endangers fundamental rights and the moral legitimacy of law itself.
Optimizing Trademark Protection for Global Competitiveness: Comparative Study of Indonesia and ASEAN Winarno; Suyoto; Aloysius Wisnubroto
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 examines the optimization of trademark protection in Indonesia within the context of global business competition and regional integration under the ASEAN Economic Community (AEC). As a key component of intellectual property rights (IPR), trademarks play a crucial role in supporting business competitiveness and consumer trust. However, ASEAN countries exhibit significant differences in their legal frameworks, enforcement mechanisms, and institutional capacities. This research applies a comparative legal approach to analyze the similarities and differences between Indonesia and other ASEAN member states. The findings reveal that while all ASEAN countries adhere to the TRIPS Agreement and adopt the first-to-file system, disparities persist in enforcement, administrative efficiency, and public awareness. Strengthening legal certainty and cross-border cooperation is essential to improve Indonesia’s competitiveness and align its trademark regime with international best practices.
Advance Pricing Agreement for Preventing Transfer Pricing Disputes in International Trade Law Nathan Thomas; Hafid Zakariya; Diajeng Lita Pratiwi
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

Companies often engage in purchase and sale transactions with related parties. Some companies utilize such transactions as instruments in transfer pricing practices. Advance Pricing Agreement is a written agreement mechanism used to determine the arm’s length price for transactions between related parties. This study aims to analyze the implementation mechanism of the Advance Pricing Agreement in preventing transfer pricing disputes and to examine the challenges of its implementation from the perspective of international trade law. The author employs a normative juridical research method, using a statutory approach and a case study approach involving transfer pricing disputes such as PT Covestro Polymers Indonesia and Court Decision No. PUT 003777.15/2023/PP/M.XVIIIA (2024) in the case of PT VVF Indonesia vs the Directorate General of Taxes (DGT), which discusses the application of the Advance Pricing Agreement in resolving tax disputes. The findings indicate that the implementation of the Advance Pricing Agreement serves as a legal instrument capable of creating legal certainty, transparency, and efficiency in resolving potential transfer pricing disputes. Minister of Finance Regulation (PMK) No. 172/2023 strengthens the legal foundation for Advance Pricing Agreement implementation in Indonesia. However, several challenges remain in its practical application. Overall, the study concludes that the Advance Pricing Agreement functions as a legal solution to prevent transfer pricing disputes and reinforces the arm’s length principle within the framework of international trade law.
The Impact of the Paris Agreement on the Right to Clean Air in Indonesia Mansora Pooya
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

Global warming is not only an environmental issue but also a human rights issue, especially in relation to the right to clean air. The paper critically examines the application of the Paris Agreement to the Indonesian scenario and the implications of the agreement on air quality and the health of people. The current analysis presents a normative approach to legal research, where the policies, regulations, and Nationally Determined Contributions (NDCs) of countries are reviewed through the prism of international climate commitments. The empirical findings state that despite the positive changes in regulatory frameworks, there are still obstacles to the successful protection of clean air, such as coal dependence, inadequate enforcement systems, forest fires, etc. Policy recommendations emphasize the need for a shift towards renewable energy, the implementation of stricter regulatory processes, and the incorporation of human rights considerations.
Necessity and Proportionality as Conditions of Self-Defence in International and Islamic Law Rezwana Mohammadi
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 right of self-defence is one of the exceptions to the prohibition on the use of force under international law. Both international law and Islamic law recognize this right but require that it meet the principles of necessity and proportionality. This article examines these two principles through a comparative legal analysis. It explains how necessity and proportionality are understood and applied in both legal systems by examining the United Nations Charter, customary international law, judicial decisions, and the main sources of Islamic law. The article also discusses the Caroline case and the intervention in Afghanistan to illustrate the practical application of these principles. The study finds that although both legal systems aim to limit the use of force and prevent abuse of the right of self-defence, they differ in their legal foundations and methods of interpretation. A better understanding of these principles can contribute to a more balanced and lawful application of self-defence in international relations.

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