Prosiding Seminar Nasional Ilmu Hukum
Prosiding Seminar Nasional Ilmu Hukum, Merupakan kumpulan makalah atau artikel ilmiah yang telah dipresentasikan pada Konferensi Penelitian Nasional yang diselenggarakan secara rutin setiap tahun oleh Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia. Topik makalah yang dimuat dalam Prosiding Seminar Nasional Ilmu Hukum, yaitu: (a). Hukum Ekonomi, (b). Hukum Perdata, (c). Hukum Lingkungan dan Tata Ruang, (d). Hukum Internasional, (e). Hukum dan Teknologi, (f). Hukum Pidana, (g). Hukum Tata Negara, (h), Hukum Tata Negara, (i). Hukum dan Pengembangan Masyarakat, (j). Hukum Acara (Peradilan), (k). Bidang-bidang lain yang relevan. Jurnal ini terbit 1 tahun 2 kali (Juni dan Desember).
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<![CDATA[Analisis Yuridis Omnibus Law dalam Hukum Ketenagakerjaan di Indonesia ]]>
<![CDATA[Diah Anggraeni Novitasari]]>;
<![CDATA[Kunarto Kunarto]]>
<![CDATA[ Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum, ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/prosemnashuk.v1i2.1
<![CDATA[The law’s rules that set about the employment in Indonesia run into many problems which have an impact to the imbalance investment in Indonesia. To increase the investment, the DPR formed Law No. 11 of 2020 that concerning job creation which simplifies and give the rules details that related with the employment by using the omnibus law technique. Throw back to the year before, the laws that contains about the employment has been created through Law No. 13 of 2013 that has been simplified from six ordinances and nine related laws. But in the implementation, Law No. 13 of 2013 has been acommodated many interests and spent a lot of time and money. Comparing with the Law No. 11 of 2020 about the job creation, discussion regarding the laws did not spend a lot of time because it already planned by several part which is when the laws has been released raises a lot of judicial riview.]]>
<![CDATA[Peran Kejaksaan dalam Penanggulangan Tindak Pidana Korupsi di Indonesia ]]>
<![CDATA[Nuryono Nuryono]]>
<![CDATA[ Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum, ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/prosemnashuk.v1i2.2
<![CDATA[Corruption is still a scourge and a sore that destroys the economic joints of a country or nation. Problem formulation: 1) What is the normative basis of the authority of the District Attorney's Office in overcoming corruption; 2). What is the role of the District Attorney's Office in overcoming corruption? This research will be compiled using the normative legal research type. The data sources used are primary and secondary data. Secondary data in this study include: Primary legal materials, consisting of: Law Number 48 of 2009 concerning Judicial Power, Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, Law Number 31 of 1999 which has been amended to Law Number 21 of 2001, Law Number 30 of 2002 concerning the Corruption Eradication Commission, Law Number 46 of 2009 concerning the Corruption Court. Research results: 1). Protection of patient rights as consumers in medical records is the existence of regulations that The normative basis for the authority of the District Attorney's Office in dealing with corruption crimes is divided into two, namely preventive handling and repressive handling. Preventive handling of corruption crimes by the prosecutor's office is an action taken within the framework before the crime or criminal act occurs, the legal basis for which is Article 30A and Article 30B letter d of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. The main umbrella is Law Number 8 of 1981 concerning the Criminal Procedure Code, especially those stated in Article 1 number 6 letters (a) and (b) of the Criminal Procedure Code. The prosecutor as a criminal investigator also serves as a public prosecutor in handling corruption crimes. So to complete his obligations, the prosecutor must cooperate with other related parties. Cooperation with other parties is called a legal relationship, because in carrying out cooperation in a rule or law that is certain in nature. Legal relations with other parties can be individuals, legal entities and other government agencies.]]>
<![CDATA[Tanggung Jawab Pemerintah Daerah dalam Pemenuhan Ruang Terbuka Hijau pada Area Perkotaan ]]>
<![CDATA[Surana Mahendra Jati]]>;
<![CDATA[Mashari Mashari]]>
<![CDATA[ Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum, ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/prosemnashuk.v1i2.3
<![CDATA[The problem currently faced is that the amount of green open space that must be provided by the government has not yet reached 30% of the city area. The problems are as follows: 1) What are the responsibilities of the Semarang City Government in fulfilling green open space in urban areas based on Semarang City Regional Regulation Number 14 of 2011 concerning Semarang City Regional Spatial Planning for 2011-2031 as amended by the Semarang City Regional Regulation Number 5 of 2021? 2) What obstacles does the Semarang City Government face in fulfilling green open space in urban areas? 3) What solutions can the Semarang City Government implement to face obstacles in providing green open space in urban areas? This research uses a normative juridical approach (normative legal research). The data analysis used is a qualitative approach to secondary data as main data and primary data as supporting data. The research results show that the responsibility of the Semarang City Government in fulfilling green open space in urban areas is in accordance with the plan for the distribution of regional service facilities in each part of the city area (BWK). The obstacles faced by the Semarang City Government, namely: juridical obstacles, technical obstacles. Solutions that can be implemented by the Semarang City Government are: enforcing regulations with punishment regarding local building regulations, including the Basic Building Coefficient (KDB) for all buildings so that there is open space in each site which will be useful for planting trees or reforestation, propose an additional budget in the Expenditure Budget Activity Plan (RKAB) according to real needs as well as plans for additional city park development. The proposal for additions outside the routine budget is intended to maximize the implementation of medium and long term work programs. recruiting honorary/contract workers to help with the maintenance of existing city parks.]]>
<![CDATA[Perlindungan Hukum Konsumen yang Mengkonsumsi Obat Tradisional Produksi Industri Mengandung Bahan Kimia Obat Berbahaya ]]>
<![CDATA[Sri Hardhina Kunjayanti]]>;
<![CDATA[Agus Widodo]]>
<![CDATA[ Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum, ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/prosemnashuk.v1i2.4
<![CDATA[Medicinal chemicals (BKO) are chemical compounds that are commonly added to traditional medicinal preparations to increase the drug's indications and offer a powerful and rapid impact in illness treatment. Traditional medicines containing BKO in Indonesia, particularly in East and West Java, are increasing year after year, from 43 to 50-53 traditional remedies containing medicinal compounds. Using the normative method, researchers will be able to use the findings of empirical legal science and other sciences to analyze and explain law without altering the character of normative legal science. The Consumer Protection Law Number 8 of 1999 regulates legal protection for consumers who consume industrially produced traditional medicines containing dangerous chemical chemicals. Article 19 (1) states that business actors are responsible for compensating consumers for damage, pollution, and/or losses caused by the consumption of goods and/or services produced or traded. (2) The compensation described in paragraph (1) may take the form of a refund or replacement of products and/or services of the same kind or equivalent value, or health care, and/or the payment of compensation in line with the provisions of the applicable laws and regulations. (3) Compensation is granted within 7 days after the transaction date. (4) Providing compensation as stated in paragraphs (1) and (2) does not preclude criminal prosecution based on further evidence indicating the presence of an element of error. (5) If the business actor can demonstrate that the error was caused by the customer, the rules intended in paragraphs (1) and (2) do not apply. Suggestions for effective implementation. Suggestions so that they can be implemented well.]]>
<![CDATA[Isu Hukum dan Etika dalam Praktik Anastesi di Indonesia ]]>
<![CDATA[Adi Sakti Setionegoro]]>;
<![CDATA[Anggraeni Endah Kusumaningrum]]>
<![CDATA[ Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum, ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/prosemnashuk.v1i2.5
<![CDATA[Anesthesia practice in Indonesia faces challenges related to the implementation of professional standards and ethics as well as legal issues that often arise. This study aims to examine the implementation of professional standards and ethics in anesthesia practice in Indonesia today and to identify legal issues that often occur and how to resolve them. This study uses a normative legal research method by analyzing primary and secondary legal materials. The results of the study indicate that although there are guidelines and codes of ethics that regulate anesthesia practice, their implementation in the field still faces obstacles such as lack of understanding of health workers, excessive workload, lack of support from hospital management, and less than optimal supervision and sanctions. Legal issues that often arise include negligence in administering anesthesia, lack of informed consent, violations of the professional code of ethics, and problems in the doctor-patient relationship. Efforts that have been made to overcome these problems include improving education and training, improving standard operating procedures, strengthening supervision and sanction mechanisms, developing non-litigation dispute resolution channels, improving communication and doctor-patient relationships, and increasing support from hospital management. However, these efforts are still not fully optimal and require further evaluation and improvement. The importance of individual awareness of each anesthesiologist to comply with professional standards and ethics and strengthening ethics education are also key factors. Close collaboration between various related parties is needed to improve the quality of anesthesia practice in Indonesia while prioritizing patient safety and welfare.]]>
<![CDATA[Teori Hukum Moral dan Tindak Korupsi di Indonesia ]]>
<![CDATA[Tony Rachardiyanto]]>;
<![CDATA[Markus Suryoutomo]]>
<![CDATA[ Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum, ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/prosemnashuk.v1i2.7
<![CDATA[Corruption is a problem in every country. Corruption has a negative impact on the order of national and state life. Therefore, the United Nations has established the 2003 UN Convention Against Corruption which must be ratified by every country. Indonesia has a corruption problem that is no less complicated. Basically, every corruption is under the same authority, namely the use of office by individuals to benefit themselves or their groups by deviating from the oath of office and the law. Corruption, although considered soft power, its destructive power is no less than the threat of hard power, such as ongoing collective violent conflict, separatism, or even war. This reality will be exacerbated when corruption is carried out using the law as a tool. Become a perfect crime with the legal knowledge and power possessed. It is not surprising that the law is used as a tool of crime (law as a tool of crime) which can hide corruption in the policies that cover it. Most perpetrators of corruption come from the middle class or educated people. One group with higher education and a stable profession or career.]]>
<![CDATA[Pengawasan dan Penegakan Hukum dalam Pemberantasan Tindak Pidana Perpajakan di Indonesia ]]>
<![CDATA[Aidhar Fakhry]]>;
<![CDATA[Agus Widodo]]>
<![CDATA[ Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum, ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/prosemnashuk.v1i2.9
<![CDATA[The importance of the taxation system as an economic pillar becomes increasingly prominent in the face of the complexity of international relations and ongoing technological developments. This article discusses the challenges faced by Indonesia in optimizing tax revenue and controlling tax avoidance in the era of globalization. The phenomenon of tax avoidance, particularly involving renowned companies such as PT Bentoel and Google, is a central issue in the context of taxation law in Indonesia. Its impact is significant, with reports from the Tax Justice Network estimating the country's losses at US$4.86 billion per year or approximately IDR 68.7 trillion. Tax avoidance not only has a negative impact on tax revenue but also has the potential to undermine the overall effectiveness of the taxation system. Indonesia is confronted with the expansion of tax avoidance practices, especially by companies listed on the Indonesia Stock Exchange, reinforcing the urgency to address this issue within the existing taxation legal framework. This research adopts a qualitative method with a focus on tax supervision and enforcement to explore efforts to combat tax crimes in Indonesia. Thus, this study is expected to provide an in-depth understanding of the root issues and formulate effective solutions to enhance the effectiveness of Indonesia's taxation system. The research findings are anticipated to serve as a foundation for the development of a more effective national fiscal policy, addressing loopholes in the taxation legal framework, and preventing detrimental tax avoidance practices.]]>
<![CDATA[Perlindungan Hak Narapidana dalam Peradilan Pidana di Indonesia ]]>
<![CDATA[Nur Faidah]]>
<![CDATA[ Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum, ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/prosemnashuk.v1i2.11
<![CDATA[The problems in this research are: 1) Why are the regulations for protecting the rights of prisoners in the criminal justice system in Indonesia not based on the value of justice, 2) What are the weaknesses in the regulations protecting the rights of prisoners in the current criminal justice system. The research method uses the constructivism paradigm, with an empirical juridical approach, and a descriptive research type. Types and sources of data using secondary materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Methods of data collection using literature, and qualitative analysis methods. The results of the study are: 1) Regulations for the protection of convicts' rights in the criminal justice system in Indonesia are not based on the value of justice; 2) Weaknesses in the regulation on the protection of convicts' rights in the current criminal justice system from the aspects of legal substance, legal structure and legal culture.]]>
<![CDATA[Analisis Hukum Konflik Jual Beli Tanah Berdasarkan Surat Kuasa Mutlak tanpa Sepengetahuan Penjual : Studi Putusan Mahkamah Agung Nomor 680 K/Pdt/2020 ]]>
<![CDATA[Malik Syaifuddin]]>
<![CDATA[ Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum, ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/prosemnashuk.v1i2.13
<![CDATA[This article examines the validity of the sale and purchase of land rights based on an absolute power of attorney without the knowledge of the seller, focusing on Supreme Court Decision Number 680 K/Pdt/2020. This study aims to analyze the validity of the use of an absolute power of attorney in the process of transferring land rights and its legal implications. The results of the study indicate that the use of an absolute power of attorney in the transfer of land rights is contrary to the provisions of laws and regulations, especially Article 39 paragraph (1) letter d of Government Regulation Number 24 of 1997 concerning Land Registration. This absolute power of attorney is declared null and void by law because it contains elements of irrevocable transfer of rights, which is contrary to the principle of "Nemo Plus Juris Transfere Potest Quam Ipse Habet". The court decision confirms that legal actions based on the absolute power of attorney are invalid, so the transfer of rights that occurs must be canceled. This finding emphasizes the importance of compliance with legal principles and provisions by notaries and land deed officials in the process of transferring rights to ensure legal certainty and justice.]]>
<![CDATA[Analisis Yuridis terhadap Penerapan Hukum Pidana dalam Kasus Cyberbullying di Indonesia ]]>
<![CDATA[Muklisin Muklisin]]>
<![CDATA[ Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum, ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/prosemnashuk.v1i2.15
<![CDATA[The rise of information and communication technology in the digital era has introduced both benefits and new challenges, one of which is cyberbullying. This study aims to analyze the application of criminal law in cyberbullying cases in Indonesia, focusing on the limitations and challenges of current regulations. Using a normative juridical method, this research examines relevant laws and court cases to evaluate how criminal law addresses cyberbullying. The findings reveal that, while certain laws provide a legal framework for tackling cyberbullying, they remain insufficient in dealing with the complexities of digital harassment. The study highlights challenges in law enforcement, including difficulties in identifying perpetrators and interpreting the law, and calls for more specific regulations and enhanced training for law enforcement officers. Increased public awareness and preventive measures are also recommended to address the issue effectively. The study's implications suggest the need for legal reform and better cooperation between institutions to improve the protection of cyberbullying victims.]]>
