cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ayu Izza Elvany
Contact Email
ayu.izza@uii.ac.id
Phone
-
Journal Mail Official
penerbitan.fh@uii.ac.id
Editorial Address
Jl. Kaliurang Km. 14,5 Sleman, Yogyakarta, Indonesia 55584
Location
Kab. sleman,
Daerah istimewa yogyakarta
INDONESIA
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 27 Documents
 1   2   3 
Proporsionalitas Pemidanaan Terhadap Tindak Pidana Kealpaan yang Menyebabkan Orang Lain Meninggal Dunia dan Luka- - Luka (Studi Putusan Pengadilan) Fadhila Nur Amalia Afiffah; Ayu Izza Elvany
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1: MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The judge's consideration is an important matter in imposing a sentence, so it is necessary to conduct a deeper review of the suitability between the amount of sentencing and the considerations used by judges, it is because the judge's considerations have a big influence on the proportionality of sentencing and determining the amount of sentencing. With this, it is hoped that the sentencing given can fulfill a sense of justice for all parties. This study aims to determine the factors considered by judges in imposing sentences and the proportionality of sentencing in cases of negligence that caused other people to die and to be injured. The type of research is descriptive normative juridical research with a research approach in the form of statiute approach and case approach. The results of the research show that judges in determining the factors used in their judgments are based on juridical and non-juridical considerations. Of the four existing decisions, there are 2 decisions that have not been proportional and 2 others have been proportional, this is because the determination of the proportionality of a decision is based on the level of seriousness of the crime committed by the Perpetrator.
Perlindungan Hukum Anak Sebagai Korban Tindak Pidana Pelecehan Seksual di Media Sosial Ully Tri Ellen Mahulae; Ari Wibowo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1: MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Sexual harassment of children on social media is a crime that occurs from the flow of technological developments. The formulation of the problem is what are the weaknesses in the legal protection provisions for children who are victims of criminal acts of social harassment on social media before the enactment of Law Number 12 of 2022 concerning Crimes of Sexual Violence and whether Law Number 12 of 2022 concerning Crimes Sexual Violence Crime has provided ideal legal protection for children who are victims of criminal acts of sexual harassment on social media. The research uses a research typology in the form of normative law relating to norms, principles, statutory regulations, and related legal issues. The research approach taken is in the form of a statutory approach and a case approach. The results of the research are that the Criminal Code (KUHP), Law Number 31 of 2014 concerning Protection of Witnesses and Victims, and Law Number 35 of 2014 concerning Child Protection, the weaknesses of these three regulations are still general in nature, and has not explained specifically about sexual harassment on social media. Law Number 12 of 2022 concerning Crimes of Sexual Violence provides regulations and legal protection for children that are quite good and are in accordance with the forms of harassment that often occur on social media.
Perlindungan Hukum terhadap Anak sebagai Korban Eksploitasi Seksual Melalui Media Online Fawwas Aufaa Taqiyyah Prastiwi; Aroma Elmina Martha
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1: MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The problem formulation of this research are: What is the scope of online gender-based violence (KBGO)? and How is legal protection for children as the victims of sexual exploitation through online media?. This research used juridic-empirical legal research method. The data was taken by collecting information which was conducted through interview and observation supported by legislation. The result of this research showed that: First, kinds of KBGO found in online media are in the form of cyber harassment, online grooming, sexting, impersonation, malicious distributions and cyber stalking; the operandi mode of KBGO by the perpetrators is to get their own satisfactory; the regulation related to KBGO is contained in the Electronic Information and Transactions (ITE) Law and the Pornography Law. Second, there have been several laws regulating sexual exploitation of children that contained in the Sexual Violence Legislation Act, the Electronic Information and Transactions (ITE) Law, the Pornography Law and the Child Protection Law; the legal protection given to victims begins at the consultation stage until the Inkracht decision; the implementation of law in providing protection among law enforcers is still different and overlapping. This study recommends that it maximizing the provision of legal protection and the implementation of Forensic Psychology; formed a task force to prevent and handle the children who are being the victims of online sexual exploitation that involve all regional, provincial, NGO (non-governmental organization), and police agencies.
Problematika Pembuktian dalam Tindak Pidana Kekerasan Seksual Erni Mustikasari
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1: MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

abstrak
Urgensi Layanan dan Perlindungan Korban Kekerasan Seksual Qurotul Uyun
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1: MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

abstrak
Kedudukan dan Problematika Undang-Undang Tindak Pidana Kekerasan Seksual Dalam Sistem Hukum Pidana di Indonesia Mudzakkir
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1: MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstrak
Perlindungan Hukum Bagi Korban Atas Publikasi Data Pribadi pada Kasus Tindak Pidana Kesusilaan di Situs Mahkamah Agung Putri Azzahra; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1: MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The publication of decisions through the Supreme Court decision directory is part of the aspect of information disclosure carried out by the Supreme Court as a form of implementation of Law Number 14 of 2008 concerning Public Information Disclosure. This research examines how the protection of personal data of victim witnesses in cases of criminal acts of decency in the publication of decisions by the Supreme Court. Who can be held criminally responsible for the publication of decisions on the Supreme Court website. The legal research method used is normative. In this study it is known that legal protection is not optimal, there are still many main aspects of legal protection that have not been fulfilled such as no further arrangements regarding control efforts, mechanisms for requesting related parties to information disclosure and arrangements regarding the mechanism of legal remedies. Implementers of Information Services at the Supreme Court who can be held criminally responsible for this are PPID Executors, Information Service Officers, PPID, and/or PPID Superiors as employees who have the duties, responsibilities and authority to provide information services to the public in the event that they fulfill errors in the form of intent.
Urgensi Perluasan Kewenangan Hakim untuk Memberikan Perintah Penetapan Tersangka Melalui Praperadilan Jennifer Editha; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1: MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Determination of suspects has an important role in the scope of criminal law in Indonesia because this stage aims to find material truth. The rights of suspects are fundamental rights because they relate to deprivation of a person's independence, so that the state is obliged to protect these rights from potential abuse of power by law enforcement officials during the legal process. This study aims to examine the urgency of expanding the authority of pretrial judges in ordering the determination of suspects by law enforcement officials based on legal considerations by judges in pretrial decisions number 24/Pid.Pra/2018/PN.Jkt.Sel and the Indonesian criminal justice system. Research is reviewed using normative methods which are analyzed through statutory and conceptual approaches. The results of the research show that first, in his consideration the judge has exceeded his authority because the decision has entered the subject matter. Second, based on philosophical, sociological and juridical foundations, there is no urgency to expand the authority of pretrial judges. Philosophically, pretrial is limited to examining formal law. Sociologically, the expansion of authority has the potential to lead to the arbitrariness of judges in determining a person's legal status. Juridically, the order to determine the suspect has exceeded the authority of the pretrial judge.
Penyelesaian Perkara Wanprestasi pada Perjanjian Hutang Piutang Tanpa Sita Jaminan (Studi Kasus Putusan Nomor 146/Pdt.G/2021/PN Bpp) Rayna Candra Kirana Putri; Ery Arifudin
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1: MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This thesis aims to analyze and find out the settlement of default cases in debt and credit agreements without collateral confiscation (Case Study of Decision Number 146/Pdt.G/2021/PN Bpp). This research raises two problem statements, specifically why is the settlement of default cases in debt and credit agreements carried out without security confiscation (Case Study of Decision Number 146/Pdt.G/2021/PN Bpp)? and what are the consequences of case settlement in debt and credit agreements without security confiscation (Case Study of Decision Number 146/Pdt.G/2021/PN Bpp)? This research uses normative research using a conceptual approach, statutory approach, and case approach. Based on the results of the research, the conclusion can be reached the settlement of default cases in debt and credit agreements in Decision Number 146/Pdt.G/2021/PN Bpp was carried out without a collateral confiscation because the collateral confiscation of the land requested by the plaintiff included a PLTU installation and included a State-Owned Enterprise that could not be used as a collateral confiscation, and referred to the Technical Guidelines for Administration and Technical General Civil Courts where in number 11 the judge did not conduct a collateral confiscation of shares, because if he violated it, it would be a violation of the Code of Ethics. As a result of the refusal of collateral confiscation in the verdict, there is no realization of the law certainty, and the principle of good faith in an agreement is not implemented. And there are some recommendations, among others: there is a separate rule that discusses the practice of implementing collateral confiscation of stocks in order to create legal certainty, and it is hoped that the Panel of Judges when making decisions in a case will pay attention to the realization of the form of legal certainty, and also the principle of good faith.
Perlindungan Hukum dan Upaya Hukum terhadap Sengketa Penggunaan Merek Dagang Terdaftar (Studi Putusan PN Nomor: 2/Pdt.Sus.HKI/Merek/2022/PN.Niaga Sby) Aurellia Cindy Puspitasari; Bagya Agung Prabowo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1: MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The brand is one form of the identity of a product that is marketed. In order to avoid the act of plagiarism toward a brand, the government already issued Law No. 20 of 2016 concerning Trademarks and Geographical Indications as a form of legal protection against brands. The purpose of this study is to find out the legal protection and legal attempts of registered brand disputes contained in court decision number 2/Pdt.Sus.HKI/Merek/2022/PN.NiagaSby Commercial Court in Surabaya between PS Glow and MS Glow. This study is a normative legal research that uses case and statute approaches. Data sources come from secondary data with data collection methods by library research and documentary research. The result of this study shows that legal protections for both registered brands that are disputing are related to the first-to-file principle that applies in Indonesia. The brand holders of PS Glow are entitled to obtain legal protection because it has a certificate based on Law No. 20 of 2016 concerning Trademarks and Geographical Indications. Meanwhile, the legal attempts which can be made by the registered brand holders towards the registered brand dispute are compensation claims through litigation if negotiation steps aren’t successful.

Page 1 of 3 | Total Record : 27

 1   2   3 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol. 1 No. 3: SEPTEMBER 2023 Vol. 1 No. 2: JULI 2023 Vol. 1 No. 1: MEI 2023