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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 27 Documents
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Tarik Ulur Kewenangan Pusat dan Daerah dalam Penataan Ruang Proyek Strategis Nasional Mukmin Zakie
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3: SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The National Strategic Project or better known as the PSN is a policy program that was born during the reign of President Joko Widodo. This program is highly prioritized because it is claimed to be able to help improve welfare and equitable development in various regions in Indonesia. The issue raised in this case is how the tug-of-war of central and regional authority in the spatial planning of the national strategic project (PSN). This research is normative legal research with statutory and conceptual approaches. The results of the research show that regions that have authority in the field of spatial planning according to the Regional Government Law and the Spatial Planning Law lose their authority in terms of controlling spatial use. In addition, there are potential conflicts, both conflicts between government agencies and conflicts with the community (land owners or communities affected by PSN development).
Masalah Pengadaan Tanah Untuk Proyek Strategis Nasional (PSN) Roni Septian
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3: SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The National Strategic Project or better known as the PSN is a policy program that was born during the reign of President Joko Widodo. This program is highly prioritized because it is claimed to be able to help improve welfare and equitable development in various regions in Indonesia. The problem raised in this case is how the problem of land acquisition for the National Strategic Project (PSN). This research is normative legal research with statutory and conceptual approaches. The results of the study show that state facilities and instruments (law, state budget, incentives, bureaucrats and even the armed forces) are deployed to facilitate and protect SSA exploitation in Indonesia by entrepreneurs (PSN, KEK, FE, forests, plantations, mines). Meanwhile, tens of millions of farmers, fishermen, indigenous peoples and women are deliberately allowed to live in agrarian conflicts and poverty so as not to disturb SSA monopoly and exploitation by entrepreneurs.
Penegakan Hukum Tindak Pidana Pelanggaran Lalu Lintas Melalui Tilang Elektronik di Wilayah Kota Madiun Adelia Fatin Faadihilah; Ari Wibowo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 2: JULI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research concerns law enforcement of traffic violations through electronic ticketing in the Madiun City Region. This type of research uses empirical legal research. This study uses a statutory approach and a sociological approach. The results of the study are that, first, law enforcement against electronic traffic ticket violations in the Madiun City Region is carried out with preventive efforts in the form of police goes to school and Podcast Influencer activities. Meanwhile, a repressive effort is to follow up on traffic violators massively through the help of CCTV which catches traffic violators in Madiun City. Second, the obstacle in law enforcement against electronic traffic ticket violations in the Madiun City Region is that the e-ticket regulations have not been made by the Madiun City Government; The Back Officer cannot process the results of camera work in the form of detecting vehicle license plates; the people of Madiun City are mostly still ignorant of traffic regulations; and the socialization of e-tickets is still lacking in its implementation.
Pelanggaran Hak Merek Yang Memiliki Persamaan Pada Pokoknya (Studi Kasus Sengketa Merek ‘GOTO’ antara Gojek dan Tokopedia Dengan PT Terbit Financial Technology) Marchelina Ramadhanty Wahyu Utami; Siti Hapsah Isfardiyana
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 2: JULI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

A brand is a symbol in the form of two dimensions and/or dimensions to differentiate between goods and/or services produced by individuals or legal entities with goods and/or services belonging to three. The purpose of the protection of trademark rights is to provide exclusive rights for the holder so that the mark is not used by other business actors. Mark Rights are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Trademark rights are constitutive rights, which means that whoever registers first gets the right. Trademark rights are exclusive rights, so their ownership must be protected. Violation of trademark rights if the mark has similarities in principle with the registered mark. As happened in the case of Gojek and Tokopedia against PT Terbit Financial Technology related to the “GOTO” brand. Article 83 paragraph (1) of Law Number 20 of 2016 stipulates that parties who feel aggrieved because of a mark that makes their mark can file a claim for compensation and/or temporary suspension to prevent greater losses.
Pemenuhan Sarana Prasarana yang Aksesibel Bagi Penyandang Disabilitas di Pengadilan Negeri se Daerah Istimewa Yogyakarta Muhammad Mega Firstian Utama; M. Syafi’ie
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 2: JULI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Efforts to guarantee equal rights for disabilited people through the fulfillment of accessible facilities and infrastructures in district courts to support the establishment of justice that inclusive of people with disabilities. Regulations that accommodate efforts to fulfill accessible facilities and infrastructure for peoples with disabilities. In the real case, it turns out that there are still many people with disabilities who didnt received accessible facilities and infrastructure according to their needs when they are going to visit the court. Therefore, the purpose of this research is to identify and analyze the fulfillment of accessible facilities and infrastructure and obstacles are encountered in efforts to realize accessibility to district courts throughout DIY based on the applicable normative provisions. This research is an empirical legal research using analytical methods obtained from the field associated with secondary data. Based on the research that has been conducted, it is found that majority district courts in DIY didnt fully accommodated the provision of accessible facilities and infrastructure, for persons with disabilities. Several obstacles were found in realizing accessible facilities and infrastructure for people with disabilities due to the absence of technical guidelines regarding the standardization of accessible facilities and infrastructure for persons with disabilities and the limited availability of the budget, that will be issued to realize this fulfillment. Therefore, to realize the fulfillment of accessible facilities and infrastructure, it is necessary to qualify internal policies from the courts and government.
Akibat Hukum Terhadap Surat Keterangan Warisan Yang Dibuat Tanpa Melibatkan Seluruh Ahli Waris Dan Tidak Berdasarkan Surat Wasiat (Studi Tentang Surat Wasiat Nyi Moertinem alias Wiryodiharjo) Nixon Shadda Priyantonojati; Abdul Jamil
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 2: JULI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Inheritance law is a norm governing the transfer of assets of a deceased person to the rightful person. There are problems related to the certificate of inheritance which was made privately by not involving all the heirs in the presence of a will that occurred in the case of the heirs of the late Nyi Murtinem. So that two formulations of the problem can be formulated. First, what are the legal consequences of making a certificate of inheritance without involving all heirs and not based on a will from Nyi. Murtinem Second, what are the legal remedies that can be taken by the heirs of the late Mr. Paldjono and the late Mr. Partono against the certificate of inheritance made without involving all heirs and not based on a will from Nyi. Murtinem? The research method in this research is juridical-empirical legal research. Field research examines legal provisions in people's lives. The results of this research are, First, the legal consequences of this problem result in legal defects because formally it contradicts Article 111 paragraph (1) letter c of the Minister of Agrarian and Spatial Planning Regulation Number 16 of 2021 and materially contradicts Article 263 of the Indonesian Book of Laws Criminal. There are 4 legal remedies that can be taken by the heirs of the late Mr Partono and Mr Paldjono, namely mediation, legal action, filing a lawsuit, and requesting mediation.
Perkawinan Sebagai Konstruksi Dasar Hubungan Kekerabatan Dan Tanggung Jawab Seorang Laki-Laki Terhadap Anak Di Indonesia Rifaldi Adi Tama; Umar Haris Sanjaya
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 2: JULI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

In theory, the Constitutional Court Decision Number 46/PUU-VIII/2010 regarding the review of the Marriage Law stipulates the definition of a child out of wedlock as a child from unregistered marriage. However, in practice there is a fact that there is a lawsuit from the mother of a child resulting from a non-marital relationship contained in the decision of the Tangerang District Court No. 746/Pdt.G/2021/PN.Tng. rejected due to the absence of marriage between the parties. The formulation of the problem in this study is: How can a man be related to kinship and responsibility with children in Indonesia?; and Can kinship relations and responsibilities between men and children arise without marriage relations in Indonesia? This research is a normative legal research with a statute approach as well as a conceptual approach and a case approach regarding marriage as the basis of kinship relations and the responsibility of a man towards children in Indonesia. The results of this study indicate that marriage and blood relations (nasab) are elements that must be fulfilled to link kinship and responsibilities between men and children. Without the fulfillment of these elements, the child cannot be related to his kinship and responsibilities with a man. The conclusion shows that the marital relationship is an important element to link kinship and bind men's responsibilities with a child. On this matter, the author suggests to the Court to reject the application that is about responsibility for children resulting from non-marital relations and a man can be given a ta'zir if it can be proven first that he has a blood relationship with a child from non-marital relationship.

Page 3 of 3 | Total Record : 27

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