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Prosiding Seminar Nasional Ilmu Hukum
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30890942     EISSN : 30646332     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 28 Documents
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Masa Depan Penegakan Hukum Indonesia: Sistem Peradilan Pidana Berbasis Kecerdasan Buatan (AI) Linda Ikawati; Sulaiman Sulaiman; Muhammad Fahri Huseini
Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 1 (2024): Juni : Prosiding Seminar Nasional Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v1i1.19

Abstract

The era of technological disruption has brought about significant changes across various sectors, including the legal sector. One of the most prominent developments is the use of artificial intelligence (AI) in the judicial system. AI can be utilized for a wide range of tasks, from analyzing legal documents to predicting case outcomes, and even acting as a legal assistant. This study employed a qualitative approach by analyzing various sources such as journals, documents, and relevant research findings. The results of the study indicate that while AI offers numerous benefits, its application in the judiciary also faces several challenges. One of the primary challenges is the issue of data bias. The performance of AI heavily relies on the quality of the data used to train it. If the data contains biases, the resulting AI will also be biased. Additionally, concerns about privacy and data security are significant issues that need to be addressed.
Penjatuhan Hukuman Bagi Pelaku Golput sebagai Upaya Mendorong Partisipasi Publik dalam Pemilu yang Harmonis Rizki Maulana Syafei; Ikram Ibrahim; Nabila Rizq Wildanbati
Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 1 (2024): Juni : Prosiding Seminar Nasional Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v1i1.20

Abstract

This research examines the problem of law enforcement against abstention behavior in elections in Indonesia, with a focus on punishment for abstention behavior that does not vote and does not come to the polling station. The background of this research is the legal vacuum arising from the current election law enforcement system, which is characterized by the ups and downs of the abstention rate that occurs. In 2004 the abstention rate amounted to 20.24%, in 2009 the number of abstentions increased to 25.19%, in 2014 the number of abstentions increased more drastically to 30, 22%, while the last in 2019 the number of abstentions decreased to 18.03%. The purpose of this research is to evaluate the implications of abstention on democratic development and to provide sanctions regulations in the form of administrative and criminal sanctions for abstainers who do not come to the polling stations. The research method used is descriptive qualitative analysis, by examining relevant primary and secondary data. Data was collected through literature study, and analysis of related documents. The results of this study show that abstention is an act that is not allowed by a country. Abstention behavior can reduce the level of election participation and the level of legitimacy as a prerequisite for the state as a democracy. Thus, it is necessary to reform the regulations under citizens who abstain from coming to the polling stations must be subject to punishment in the form of both administrative sanctions and criminal sanctions which will be related to policies submitted to the legislators.
Problematika Metode Omnibus Law dalam Pembentukan Peraturan Perundang-Undangan : Analisis terhadap Undang-Undang No. 13 Tahun 2022 dan Urgensi Pembentukan Badan Regulasi Nasional di Indonesia Fuji Syifa Safari; Satriya Nugraha; Vicka Prama Wulandari; Yolita Elgeriza Agustin; Claudia Yuni Pramita
Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 1 (2024): Juni : Prosiding Seminar Nasional Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v1i1.21

Abstract

The enactment of Law Number 13 of 2022, concerning the Second Amendment to Law Number 12 of 2011 on the Establishment of Legislation, is a follow-up to Constitutional Court Decision No. 91/PUU-XVIII/2020 regarding the formal review of Law Number 11 of 2020 on Job Creation. However, during its formation process, Law Number 13 of 2022 can be considered as not meeting the criteria of an open cumulative law due to the Constitutional Court's decision. It is viewed as a tool to legitimize the flawed legislative process that followed the Court's ruling on Law Number 11 of 2020. The method used in this analysis is normative juridical, applying a statutory approach. The results of this research indicate that the reconstruction of substantive content using the omnibus law method in Law Number 13 of 2022 does not align with regulatory governance in Indonesia, which remains characterized by overlapping regulations—both horizontally and vertically—and is irrelevant to the existing decentralization system. The establishment of a National Regulatory Agency (BRN) is proposed as a constructive solution to ensure that the quality of academic drafts, methods, and regulatory content is thoroughly examined for feasibility, thereby creating a national regulatory system that is high quality, orderly, and optimal.
Urgensi Perlindungan Hukum bagi Konsumen Jasa Kesehatan dalam Praktik Tukang Gigi: Analisis Normatif dan Implementasi Dandy Saputro; Rosita Candrakirana
Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum,
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v1i2.35

Abstract

The practice of dentists in Indonesia is an important concern in the health care system, especially regarding consumer protection. Dentists often provide services that exceed the limits of their authority, potentially endangering public health. This article aims to analyze the urgency of legal protection for consumers of health services in dental practices based on a normative perspective and the implementation of applicable regulations. This research uses normative juridical methods with statutory, conceptual and case approaches. The research results show that even though there are regulations such as Law no. 8 of 1999 concerning Consumer Protection and Minister of Health Regulation no. 39 of 2014, implementation is still less effective. This is caused by weak supervision, minimal public knowledge regarding consumer rights, and non-compliance by some dentists with regulations. Therefore, it is necessary to strengthen regulations, increase supervision by the government, and educate the public to realize optimal legal protection for consumers of health services.
Pemanfaatan Digital Forensik dan Teknologi Informasi Dalam Proses Pembuktian Tindak Pidana Pemalsuan Dokumen Elektronik Edwin Setiawan; Hartiwiningsih Hartiwiningsih
Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum,
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v1i2.39

Abstract

The rapid development of information technology has brought significant changes, particularly in the area of cybercrime, such as electronic document forgery. This research explores the role of digital forensics and information technology in proving electronic document forgery crimes in Indonesia, using a normative legal research approach. The study employs both a statute approach and a conceptual approach to analyze the effectiveness of digital forensics in uncovering electronic crimes. The findings show that while digital forensics plays a crucial role in investigating electronic document forgery, there are several complex challenges in its implementation. One of the major obstacles is the limited number of certified digital forensic experts in Indonesia, with only 147 professionals qualified in this field. Additionally, the existing legal regulations have not kept pace with the rapid advancements in digital technology, which poses significant challenges to enforcement efforts. The study identifies various technical barriers, such as the complexity of forensic technologies, the volatile nature of digital evidence, and the ever-evolving techniques used by cybercriminals. These factors complicate the process of proving electronic crimes and pose difficulties for investigators. In response to these challenges, the research recommends strategic measures such as strengthening the capacity of forensic laboratories, harmonizing legal regulations with technological advancements, and improving the competency of human resources in both technological and legal fields. The study contributes to the development of a conceptual framework for cyber law enforcement, providing a comprehensive perspective on the challenges faced in proving electronic crimes in the digital age. The research aims to inform policymakers in crafting more effective and adaptive law enforcement strategies.
Dampak Sosial Tindak Pidana Pembunuhan (Carok) Bagi Keluarga Pelaku dalam Perspektif Kriminologi: Studi Kasus di Desa Sawah Tengah, Kecamatan Robatal, Kabupaten Sampang Moh. Nuruddin; M. Sholehuddin
Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum,
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v1i2.40

Abstract

The settlement of carok as part of Madurese society is very important to analyze. This study aims to determine the social impact on the families of carok perpetrators in the perspective of criminology. The second objective is to determine the role of community leaders and the police in minimizing threats and taking preventive action against the families of carok perpetrators in Madura. The research method used in this research is the type of empirical legal research. The results showed that: First, from a criminological perspective, carok can be categorized as a crime. Carok in this case can be subject to articles of the Criminal Code related to crimes against the body and crimes against life. According to labeling theory, families of carok perpetrators are usually labeled by the community as families of criminals who are usually dubbed as “Kaloarga Tokang Carok”. Second, Kiai in carok cases plays a role in reconciliation and mediation efforts between the families of carok perpetrators and the families of carok victims to minimize threats to the families of carok perpetrators. The Sampang Police, among others, conducted counseling with the perpetrator's family and collaborated with community leaders.
Prosedur Eksekusi atas Tindakan Wanprestasi dalam Jaminan Kredit Fidusia Pasca Putusan Mahkamah Konstitusi No. 18/PUU-XVII/2019 Rachmatul Istiqomah; Imam Suroso
Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum,
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v1i2.41

Abstract

Fiduciary collateral as a type of collateral gives the rights of executorial to creditors to do parate execution on the object of fiduciary collateral when a debtor defaults. In practice, however, collateral misuses this right illegally. This becomes the basics for Judicial Review agains Article 15, paraghraphs 2 and 3 of Law No. 42/1999, and the Constitutional Court issued the Ruling No. 18/PUU-XVII/2019. Therefore in this thesis the formulation of the problem raised is first, when a debtor is considered to have committed an act of default, and secondly, it delves into the creditor's execution procedure and the ratio decidendi related to Constitutional Court Decision No. 18/PUU-XVII/2019. The research use descriptive juridicial normative method. The data were gathered by conducting library research. The result of the analysis shows that Ruling does not impede the right of executing by creditors so that it is in accordance with the executorial right in fiduciary collateral. So, there are two possible ways for a debtor to be declared in default: firstly, the agreement of default is stipulated during the main agreement and the initial fiduciary collateral agreement. Secondly, the default is determined by the district court in order to execute the fiduciary collateral object.
Batas Kewenangan Advokat dalam Membela Klien terkait dengan Delik Obstruction of Justice Rizal Hamdani; Prasetijo Rijadi
Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum,
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v1i2.42

Abstract

The issue of accusations of obstructing or obstructing the legal process carried out by the Advocate in his capacity to defend the client is problematic. The aim of this study is to describe the right to immunity possessed by advocates in the aspect of law enforcement. As well as aiming to find out the criminal liability of Advocates for Obstruction of Justice carried out during the legal process. This writing uses the normative law research method, which is a method or method used in one of the legal research conducted by reviewing the literature and aimed at written regulations. This study show that the right to immunity applies as long as there is good faith that can be held accountable by the Advocate both outside and in the trial in order to protect the legal interests of his client. Meanwhile, in the criminal aspect against Advocates who are proven to have committed obstruction of justice and injured good faith by committing acts that are against the Law to obstruct the law enforcement process.
The Implications of The Role of Political Parties in Strengthening Democracy in Indonesian Legislative Elections Afrizal Afrizal; Tamaulina Br. Sembiring
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 1 (2025): Juni : Prosiding Seminar Nasional Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v2i1.51

Abstract

Rapid developments in information technology have opened up opportunities for new threats to national security, one of which is hacking of information systems. Cyber attacks not only cause economic losses and disrupt public services, but also pose a serious threat to Indonesia's digital sovereignty. In this context, state intelligence has a strategic role as the front line in detecting, analyzing, and countering various forms of threats to the country's strategic information systems. However, strengthening the function of state intelligence in dealing with hacking crimes still faces various obstacles, ranging from regulatory aspects that are not yet adaptive, weak inter-agency coordination, to limitations in technology and human resources. This study aims to examine the extent of the effectiveness of strengthening state intelligence in countering information system hacking, as well as to formulate the urgency of updating national legal policies that support the formation of a strong, integrated, and professional cyber intelligence system. Using a normative legal research method supported by a conceptual and case approach, this study concludes that strengthening state intelligence requires regulatory reform, institutional integration, and investment in technology and human resources in order to maintain national sovereignty in the digital age.
Efektivitas Kebijakan Hukum Pidana dalam Menjamin Perlindungan Hak Asasi Manusia terhadap Korban Perdagangan Orang di Indonesia Jesslyn Elisandra Harefa; Suci Ramadani; Muhammad Arif Sahlepi
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 1 (2025): Juni : Prosiding Seminar Nasional Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v2i1.52

Abstract

The rapid development of information technology has opened up opportunities for new threats to national security, one of which is information system hacking. Cyberattacks not only cause economic losses and disrupt public services but also pose a serious threat to Indonesia's digital sovereignty. In this context, state intelligence plays a strategic role as the vanguard in detecting, analyzing, and countering various threats to the country's strategic information systems. However, strengthening the state intelligence function in countering hacking crimes still faces various obstacles, ranging from immature regulations, weak inter-agency coordination, to limited technology and human resources. This study aims to assess the effectiveness of strengthening state intelligence in countering information system hacking and to formulate the urgency of updating national legal policy to support the formation of a strong, integrated, and professional cyber intelligence system. Using normative legal research methods supported by conceptual and case-based approaches, this study concludes that strengthening state intelligence requires regulatory updates, institutional integration, and investment in technology and human resources to safeguard national sovereignty in the digital era.

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