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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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Application of Strain Criminology Theory in Analysing The Motives and Driving Factors of Perpetrators of Administrative Document Forgery Yulia Christy Shintara Aruan; Suci Ramadani; Rahmayanti Rahmayanti
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.v2i1.56

Abstract

The criminal act of falsifying administrative documents related to civil registration is a form of crime that has serious implications for the order of state administration, public trust, and the validity of civil registration data. This study aims to analyse the motives and driving factors of perpetrators in falsifying administrative documents related to civil registration through the application of strain criminology theory. The research method used is normative legal research with a criminological approach, supported by a literature study of relevant laws, regulations, doctrines, literature, and court decisions. The results show that the falsification of administrative documents is influenced by the gap between the cultural goals of society—such as obtaining employment, education, and social status—and the limitations of available legal means. Social pressure, economic conditions, and negative experiences such as frustration and bureaucratic obstacles encourage individuals to commit illegal acts as a form of adaptation. In addition, other contributing factors include weak social control, opportunities created by an ineffective administrative system, and the influence of a permissive social environment on forgery practices. The conclusion of this study confirms that the crime of falsifying administrative documents is not solely an individual problem, but also a structural and systemic one. Therefore, prevention efforts must be comprehensive, not only through strict law enforcement, but also by improving the administrative system, strengthening bureaucratic oversight, and reducing the socio-economic pressures faced by the community.
Penerapan Efektivitas Pengawasan Hukum terhadap Manajemen Kepegawaian Daerah dalam Era Otonomi : Tantangan, Solusi, dan Implikasi terhadap Akuntabilitas Pemerintahan Berlian Evi Yenni Pakpahan; Ismaidar Ismaidar; Suci Ramadani
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.v2i1.57

Abstract

This study discusses the implementation of the effectiveness of legal oversight of regional personnel management in the era of regional autonomy. Regional autonomy grants broad authority to regional governments to regulate and manage public interests, including in the management of state civil servants (ASN). However, this authority often gives rise to problems, such as nepotism, politically motivated job transfers, and weak accountability in personnel management. Legal oversight is an important instrument to ensure that all personnel policies and practices are implemented in accordance with the principles of legality, professionalism, and accountability. The research method used is normative legal research with a statutory, conceptual, and case approach, as well as qualitative analysis of regulations and personnel oversight practices. The results of the study indicate that the effectiveness of legal oversight is greatly influenced by the consistency of regulatory implementation, the strength of supervisory institutions such as the State Civil Service Commission (KASN) and the State Civil Service Agency (BKN), and the legal culture of regional apparatus. Strict enforcement of sanctions against violations also plays an important role in maintaining the integrity of the merit system. The conclusion of this study confirms that effective legal oversight can prevent abuse of authority, strengthen the professionalism of civil servants (ASN), and support the achievement of regional autonomy goals, namely improving the quality of public services and public welfare. Therefore, strengthening regulations, supervisory institutions, and internalizing the values ​​of good governance are necessary to realize transparent, accountable, and integrity-based regional personnel management.
Aspek Legalitas Dalam Pelaksanaan Perizinan Reklame Digital Oleh Pelaku Usaha di Kota Yogyakarta Panca Dewi; Sigit Wibowo; Cecep Tedi Siswanto
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 2 (2025): 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.v2i2.59

Abstract

This study aims to analyze implementation of digital advertising licensing in Yogyakarta City based on Regional Regulation Number 6 of 2022 and to identify challenges faced in the process. Research employs a normative juridical approach with qualitative methods. Legislative approach examines regulations such as the 1945 Constitution, Law No. 1 of 2024 on Electronic Information and Transactions, Regional Regulation No. 6 of 2022, while the conceptual approach analyzes authority, supervision, legal compliance. Bahan hukum were collected through interviews, observations, document studies, analyzed qualitatively via bahan hukum reduction, narrative presentation, conclusion drawing. The findings indicate digital advertising licensing in Yogyakarta City has a robust legal foundation, but implementation is hindered by low compliance among business actors (31.9% of digital advertisements were unlicensed in 2024), complex procedures, and inadequate coordination among agencies such as DPMPTSP, BPKAD, and Satpol PP. Key challenges include unclear technical regulations, overlapping authorities, limited monitoring technology, and low legal awareness among business actors due to high licensing costs. Study recommends revising Regional Regulation, digitizing licensing system through OSS, strengthening inter-agency coordination, conducting socialization programs to enhance compliance, thereby supporting orderliness, city aesthetics, increased local revenue, legal certainty. These measures can strengthen Yogyakarta’s efficient and harmonious digital advertising governance.
Penerapan Asas Ultra Petitum Partium Dalam Perkara Cerai Talak Peradilan Agama di Kabupaten Sleman: Studi Kasus Putusan Perkara Nomor 1086/PDT.G/2024/PA.SMN Dharmasanti Rawidya Putri; Sigit Wibowo
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 2 (2025): 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.v2i2.61

Abstract

This study has two main objectives: first, to analyze the application of the principle of ultra petitum partium in talaq divorce cases based on the Decision of the Sleman Religious Court Number 1086/Pdt.G/2024/PA. Smn; Second, to examine the basis of judges' legal considerations in determining matters that are not explicitly requested, especially from the perspective of the protection of the rights of the wife. This study uses a normative juridical method with a case approach and a statute approach. The results of the study show that the provision of iddah maintenance by the judge based on the mediation agreement of the parties does not violate the principle of ultra petitum partium. However, the determination of mut'ah in the absence of an explicit request in the petitum has the potential to be contrary to this principle. However, the judge's actions can be justified through ex officio authority in order to protect the rights of the wife, in accordance with Article 158 of the Compilation of Islamic Law. These findings highlight the tension between procedural legal certainty and substantive justice in the religious justice system. This study recommends that judges explicitly state legal grounds when exercising ex officio authority, to ensure transparency and accountability in decisions.
Analisis Hukum Terhadap Diskrepansi Peradilan Dalam Tindak Pidana Pengalihan Jaminan Fidusia: Studi Putusan Nomor 45/Pid.Sus/2023/PN.SMN Alex Sukadi; Antonius Maria Laot Kian; Cecep Tedi Siswanto
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 2 (2025): 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.v2i2.62

Abstract

This research examines judicial discrepancies in criminal cases of fiduciary transfer, focusing on Decision No. 45/Pid.Sus/2023/PN.SMN. Discrepancy is understood as the inconsistency between trial facts, the prosecutor’s evidence, and the judge’s considerations, which may lead to injustice and reduce public trust in the judiciary. The purpose of this study is to analyze the forms of discrepancy found in the decision and to assess their legal implications for the protection of the defendant’s rights and legal certainty. The research method employed is empirical juridical research with a sociological juridical approach, using statutory analysis, case studies, interviews with law enforcers, and literature review. The findings indicate disharmony in the assessment of intent (mens rea), the interpretation of written consent, and the proof of losses suffered by fiduciary recipients. Such discrepancies weaken the quality of the judgment, create legal uncertainty, and potentially violate the principle of fair trial. This study concludes that harmonization between trial facts, prosecutorial evidence, and judicial reasoning is necessary to maintain the integrity of the criminal justice system, improve the quality of judicial decisions, and strengthen legal protection for the parties involved.
Peran Kepala Dalam Meningkatkan Pembangunan Kampung Darmorpis Darfuar Distrik Samofa Kabupaten Biak Numfor Iswahyudi Iswahyudi; Agustina Agustina; Asmadianto Asmadianto; Edyanto Edyanto
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 2 (2025): 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.v2i2.63

Abstract

This study aims to analyze the role of village heads in improving development in Darmorpis Village, Samofa District, Biak Numfor Regency. Village administration, as the spearhead of government administration, plays an important role in realizing public services, community empowerment, and sustainable development. This study uses qualitative methods with data collection techniques through interviews, observation, and literature study. The results show that the village head plays a strategic role in leading and mobilizing all elements of society, including traditional leaders, religious leaders, village officials, and the general public, to actively participate in development. The village head's leadership emphasizes not only administrative aspects but also service, motivation, work discipline, and capacity building for village officials. The synergy between leadership and community participation proved to be a key factor in the success of the development program in Darmorpis Village. However, this study also found obstacles in the form of a lack of coordination regarding the implementation of assistance programs from the local government, which had an impact on the community's perception of the effectiveness of development. Thus, it can be concluded that the success of village development is largely determined by the visionary leadership of the village head and the collective support of the community.
Towards Inclusive Policy: Formal Recognition of Customary Law in the Determination of Village Boundaries Under the National Legal Framework in Indonesia Randy Vallentino Neonbeni; Lego Karjoko; Pujiono Suwadi
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 2 (2025): 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.v2i2.72

Abstract

Inclusive policies are a must in governance, especially at the village level that deals directly with indigenous communities. Formal recognition of customary law in the determination of village boundaries under the national legal framework is crucial to create agrarian justice and legal certainty; Its relevance focuses on the importance of local wisdom accommodation and the structure of indigenous peoples as legal subjects entitled to their territories; The final goal of this study is to formulate a model of harmonization of positive law and customary law for the determination of participatory and equitable village boundaries; The main legal basis includes the 1945 Constitution Article 18B Paragraph (2) and Law (UU) Number 6 of 2014 concerning Villages; and Regulation of the Minister of Home Affairs Number 45 of 2016 concerning Guidelines for the Determination and Affirmation of Village Boundaries. This research uses a normative juridical method with a legislative and conceptual approach; The conflict resolution offered is through a consensus deliberation mechanism facilitated by the local government while still upholding the rights of indigenous peoples.  
Kajian Normatif Pertanggungjawaban Perusahaan atas Pelaksanaan dan Pelaporan CSR Berdasarkan PP Nomor 47 Tahun 2012 Endang Retno Suryowati; I Gusti Ayu Ketut Rachmi Handayani
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 2 (2025): 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.v2i2.75

Abstract

TJSL/CSR in Indonesia is regulated as a legal obligation (mandatory) for companies engaged in the natural resources sector. Its success depends on the principle of accountability, which requires transparency and responsibility. This normative-juridical study evaluates the application of accountability principles in the mining sector. Normatively, PP 47/2012 requires CSR to be listed as an expense and focused on sustainable development (PPM). However, this regulation is not robust because it does not set a minimum fund allocation or clear program boundaries, allowing for multiple interpretations. Empirically (Sekotong case study), accountability is implemented in a formalistic manner, consisting only of one-way administrative reports without meaningful participation from the affected communities. A significant weakness is apparent when dealing with the increase in illegal gold mining (PETI) in legal concession areas. This situation results in a vacuum of responsibility. Companies can claim environmental damage caused by PETI, so that responsibility does not successfully ensnare corporate negligence in prevention efforts. The CSR accountability structure in Indonesia is weak because it only emphasizes activities that are carried out, not negligence that is overlooked. Regulatory reform is needed so that accountability includes passive responsibility to ensure that TJSL functions as a significant instrument of sustainable development.

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