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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 296 Documents
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Implementasi Peraturan Pemerintah Republik Indonesia Nomor 50 Tahun 2012 Tentang Penerapan Sistem Manajemen Keselamatan dan Kesehatan Kerja (Studi Kasus PT. PLN Yogyakarta) Bintang Damario Primayudha; Mustika Prabaningrum Kusumawati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research has a background on the implementation of SMK3 at PT. PLN Yogyakarta, aims to answer questions based on the formulation of the problem, firstly How is the implementation of Government Regulation of the Republic of Indonesia Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System at PT PLN Yogyakarta, and secondly What are the inhibiting factors in the implementation of Government Regulation of the Republic of Indonesia Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System at PT PLN Yogyakarta. The type of research conducted by the author uses a combination of empirical and normative legal research, this research also uses a statutory and conceptual approach. The legal materials used are primary and secondary legal materials, and are analyzed using qualitative methods. The results of this study answered related to the formulation of the problem which showed that, first, PT. PLN Yogyakarta has guaranteed the Occupational Safety and Health of workers or laborers in accordance with the mandate in Article 1 point 2 of Government Regulation Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System, the second majority occurs due to Human error or negligence caused by the field workers itself and that the process of monitoring and evaluating SMK3 at PT. PLN Yogyakarta is appropriate because when the author conducted an interview with Mr. Catur Rizkyanto as the K3L and Security Team Leader.
Materi Stand Up Comedy Sebagai Objek Perlindungan Hak Cipta di Indonesia Fiqqi Pujamantra; Indah Parmitasari
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research discusses stand-up comedy material as an object of copyright protection in Indonesia. This type of research is empirical legal research, the approach method used is the statutory regulation approach, case approach and context approach. Source material consists of primary data from interviews and secondary data in the form of primary, secondary and tertiary legal materials. Material was collected through interviews, literature study and document study which was then analyzed using qualitative descriptive methods. The results of this research are, first, Stand up comedy material is a copyrighted work which can be said to fulfill the concept of a copyrighted work based on the Copyright Law and can be included in objects protected by Copyright. Second, the legal efforts that can be taken by comics in the event of a copyright defense are that the resolution can be carried out through alternative dispute resolution, arbitration, or authorized institutions, namely commercial courts, as regulated in Article 95 of Law Number 28 of 2014 concerning Copyright on the basis of take legal action because it violates copyright and is an unlawful act.
Modus Operandi Dan Penegakan Hukum Tindak Pidana Pembalakan Liar Di Kawasan PBPH PT. Kirana Chatulistiwa Sitasari Rizqi Mahanani; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Criminal acts committed by perpetrators of Illegal Logging caused losses for PT. Kirana Chatulistiwa in the form of damage to forest areas. Logging that should have been done legally was illegally logged by a corporation to open plantation land illegally. This raises questions about the modus operandi of Illegal Logging carried out by the perpetrators and how the law enforcement of Illegal Logging in the PBPH area of ​​PT. Kirana Chatulistiwa. The author conducts research using empirical methods that focus on a person's behavior which is obtained by the interview method and through a sociological juridical approach by looking at legal facts or legal realities in society. The results of this study are that the perpetrators carried out their modus operandi by claiming to be indigenous people in the local area so they could cut down trees and take advantage of PT. Kirana Chatulistiwa which at that time was being abandoned. Furthermore, the legal settlement was carried out by the KPH Kusan team and the company by sending subpoenas, giving direct warnings, and compensation made by PT. Kirana Chatulistiwa and the application of the social forestry system between PT. Kirana Chatulistiwa with the perpetrators.
Perlindungan Hukum Pencipta Musik Pada Penghimpunan Dan Pendistribusian Royalti Platform Digital Spotify Rafi Faturahman; Budi Agus Riswandi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research is motivated by the reality that the use of music and songs on the Spotify digital platform is utilized by irresponsible people by pirating. The problem in this study is, first, how is the legal protection of the creators of the collection and distribution of royalties for Spotify digital platform music works. Second, what are the legal remedies if there is no legal protection for the creators of Spotify digital platform royalty collection and distribution This research is a type of normative research. The approach used in this research is sociological. The object of research in this study is the legal protection of creators of musical works on the Spotify digital platform, along with legal efforts. The subject of this research is Bagus Rian as a musician or songwriter on the Spotify digital platform. The data sources used in this research are primary data sources supported by secondary data sources. The data collection techniques used in this research are interviews, document studies, and literature studies. This research uses qualitative juridical analysis. The results of this study state that the legal protection of music and song creators on the collection and distribution of Spotify's digital platform only removes pirated music and song content. The Spotify digital platform has no special provisions or mechanisms related to the economic rights of music creators. The arrangements on Spotify's digital platform are also not in line with the ideals of Indonesian laws and regulations regarding the collection and distribution of royalties.
Kedudukan Hak Milik Perorangan Atas Tanah Adat Suku Moi Di Papua Barat (Studi Kasus Pada Kota Sorong Provinsi Papua Barat) Muhammad Taufiq Hidayat; Eko Rial Nugroho
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This abstract discusses the position of individual property rights over the customary lands of the Moi Tribe in the West Papua region using an empirical research approach. The main objective of this research is to analyze how individual property rights to the customary lands of the Moi Tribe are recognized, implemented, and perceived in daily practice, as well as their impact on cultural and environmental sustainability. This study uses empirical research methods. Secondary data was obtained through a study of literature and official documents related to customary land laws and policies in West Papua. The results of the study show that the position of individual property rights over customary land of the Moi tribe faces complex dynamics between customary traditions and formal law. Formal legal recognition of individual property rights over customary land provides legal protection, but sometimes it also has the potential to create internal conflicts within indigenous peoples. Positive impacts are seen in economic empowerment and strengthening of the cultural identity of the Moi Tribe, but challenges such as intergenerational conflicts and development pressures also surface. This research concludes that the harmonious integration between customary law and formal law as well as the active participation of the Moi Tribe community in the management of customary lands is the key to ensuring the protection of sustainable individual property rights and cultural continuity. More inclusive and sustainable policy decisions need to be considered to address these challenges.
Implementasi Pasal 4 ayat (1) Undang-Undang Nomor 21 Tahun 2000 tentang Serikat Pekerja/Serikat Buruh Oleh Dewan Pimpinan Daerah Konfederasi Serikat Pekerja Seluruh Indonesia Daerah Istimewa Yogyakarta (Studi Kasus Upah Pekerja/Buruh di Provinsi Daerah I Himawan Gerrenove Vippianto; Mustika Prabaningrum Kusumawati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

In the midst of polemics over the imbalance of power between workers and employers, various phenomena of machineization of groups of workers have emerged. For this reason, this research aims to find out how the implementation of Article 4 paragraph (1) of Law Decree Number 21 of 2000 concerning Trade Unions/Labor Unions by KSPSI DIY in the wage sector?; How KSPSI DIY's efforts in preventing and handling wage disputes as a form of implementation of Article 4 paragraph (1) of Law Decree Number 21 of 2000 concerning Trade Unions/Labor Unions? This research uses an empirical method, which means that the research data is collected by studying documents or other literature data and interviews with research subjects. This research concludes that the function and role of DPD KSPSI DIY towards the implementation of Article 4 paragraph (1) of Law Decree Number 21 Year 2000 concerning Trade Unions/Labor Unions on the scale of wage disputes is present through its authority as regulated in laws and regulations, bylaws, and cultural culture that exists in KSPSI DIY as a workers' organization. The establishment of a communicative forum between workers' organizations registered under KSPSI DIY is also encouraged for the sake of preventive and repressive prevention of each working area as a trade union or trade union federation.
Perspektif Teori Optimalisasi Hukum Pidana Dalam Upaya Penyidik Menyelesaikan Tindak Pidana Penipuan Online Christina Natalia Riesty Setyawan; Aroma Elmina Martha
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This study discusses the theoretical perspective of optimizing criminal law in the efforts of investigators to resolve online fraud crimes. This type of research is empirical legal research. Data sources consist of primary data in the form of interviews and secondary data in the form of primary, secondary and tertiary legal materials. Methods of collecting data by interview and literature study. The results of this study are, first, the constraints experienced by investigators, namely the difficulty in tracing perpetrators will usually use fake identities, the difficulty of opening perpetrator accounts because there are bank bureaucratic agreements, the absence of a special unit handling Cybercrime crime cases and the lack of DIY Polda investigators who have the ability to and experience in the field of ITE or Cybercrime, secondly, Efforts to solve it namely Providing counseling and mentorship to the community; block accounts of criminals; addition of police personnel; additional computer equipment.
Ketepatan Penerapan Kompetensi Absolut terhadap Gugatan Perbuatan Melawan Hukum Penguasa Oleh Komisi Pemilihan Umum (Kajian Putusan Pengadilan Negeri Nomor : 757/Pdt.G/2022/Pn Jkt Pst) Muhammad Arifadi Nugroho; Rizky Ramadhan Baried
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The General Election Commission (KPU) as the defendant in District Court Decision Number: 757/Pdt.G/2022/Pn Jkt Pst, questioned the absolute competence of the district court in adjudicating the decision because the lawsuit filed by the PRIMA party was due to unlawful acts committed by the KPU. In this paper, the researcher formulates the first problem formulation of how the accuracy of the Central Jakarta District Court in adjudicating Decision Number: 757/Pdt.G/2022/Pn. Jkt Pst based on the teachings of judicial competence and secondly how the form of Unlawful Acts of the Ruler committed by the KPU in Decision Number: 757/Pdt.G/2022/Pn. Jkt Pst according to applicable law. This research uses normative legal research methods which examine legislation, norms, laws, and related theories to determine the form of unlawful acts of the authorities and the competence of the court. The results of the study explain that the accuracy of the district court in adjudicating the lawsuit of unlawful acts of the ruler is not appropriate because in the doctrine of legal norms, the theory of Absolute Competence that has the right to adjudicate is the Administrative Court, not the District Court. The form of unlawful acts of the KPU ruler is the KPU's actions in managing the SIPOL web and not fully implementing the decision of BAWASLU to harm the PRIMA party.
Tinjauan Kriminologi Dan Perlindungan Hukum Korban Kekerasan Seksual Terhadap Perempuan Dalam Rumah Tangga Aldini Rizky Santoso; Ari Wibowo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Every human being must have the desire to have a harmonious household and get love from family members. However, every family must have their own problems that cause disharmony among family members. The emergence of these problems can be a big thing in the form of violence against family members, where women are the targets of violence. One form of violence is domestic sexual violence. As a result, the Indonesian government issued UU RI Number 23 of 2004 concerning the Elimination of Domestic violencefollowed by UU RI Number 12 of 2022 concerning Crimes of Sexual Violence. The purpose of this research is to find out and analyze the factors that cause sexual violence against women victims in the household and the legal protection for women as victims of domestic sexual violence. The method used was empirical with a sociological approach. Research data were obtained from interviews with the Rifka Annisa WCC Yogyakarta. The results of this study are personality, economic and environmental factors which are factors of sexual violence against female victims in the household. As well as in providing legal protection the UU PKDRT and UU TPKS are felt to be less specific in implementing and providing protection and the rights of victims of sexual violence against women in the household. There needs to be concern between law enforcers and the public regarding this matter.
Kelemahan Pengaturan Konten Youtube Sebagai Agunan Kredit dan Implikasinya Terhadap Perlindungan Bank Arif Budiman; Inda Rahadiyan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This research analyzes the weaknesses in regulating YouTube content as collateral for banking credit in Indonesia. Apart from that, analyzing the implications for protection for banks as creditors. This research is a type of normative legal research with a statutory approach and a conceptual approach. The research results show that the credit collateral object is the weakness in regulating YouTube content. YouTube content cannot be assessed objectively because its characteristics are subjective and involve elements of the creator's creativity. Personal branding also influences building a creator's popularity, while this can be illustrated through the number of subscribers and viewers who can easily be purchased. Apart from that, collateral objects in the form of YouTube content are difficult to execute. YouTube content will be difficult to resell because there is no secondary market that can absorb these assets. YouTube content as credit collateral requires an assessment institution, such as Singapore, which has a special research institution for intellectual property, such as Baker McKenzie, Wong & Leow, and Consor Intellectual Asset Management. Government Regulation Number 24 of 2022 concerning Implementing Regulations of Law Number 24 of 2019 concerning the Creative Economy does not provide adequate legal protection for creditors. If YouTube content decreases in popularity or value, creditors will have difficulty selling the collateral. This will have an impact on the bank's health level, so banks must apply the principle of prudence in providing credit with collateral in the form of YouTube content.

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