Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

Perlindungan Konsumen terhadap Hak Memperoleh Informasi dalam Pembatalan Konser Secara Sepihak (Studi Kasus Konser K-pop We all are one)

2024-03-20T04:28:43+00:00

The problem in this study is about how consumer protection in terms of obtaining the right to information in the case of unilateral cancellation of concerts and how the responsibility of promoters to ticket buyers due to unilaterally canceled concerts (K-pop concert "We all are one"). The research method used is a type of normative juridical legal research using the statue approach, case approach, and conceptual approach using primary, secondary, and tertiary legal materials. Data collection techniques are carried out through literature studies, which involve collecting legal materials that are analyzed, reviewed, and studied through journals, legal research results, and various official documents such as laws and regulations using qualitative descriptive analysis methods. The result of this study is that consumer protection in obtaining the right to information has not fully run in accordance with Article 4 letter c and Article 7 letter b of consumer protection law and the responsibility of the promoter has not fully run in accordance with Article 19 of consumer protection law where the promoter must provide compensation or compensation.

Perlindungan Hukum Investor atas Potensi Terjadinya Praktik Monkey Business Dalam Transaksi Kripto di Bursa Komoditi

2024-03-20T04:33:39+00:00

This research is motivated by the problem, namely the high demand for crypto assets, while there is no reference asset (Underlying asset) on which to base the price publication. So Monkey Business practices will emerge. The aim of this research is to determine the occurrence of Monkey Business practices in Crypto transactions on Commodity Exchanges and the legal protection of investors regarding the potential for Monkey Business practices to occur in transactions on commodity exchanges. This research typology uses normative legal research and the approach methods used are the statutory regulatory approach and the conceptual approach. The result of this research is that the practice of Monkey Business begins by making the price of Crypto Asset tokens become a trend, after the price of Crypto Asset tokens is at its peak, within a short time the value of the token will fall back to its original price, one example is the Terra Crypto Asset token. Luna. The legal protection provided to investors can be classified into 2 (two) based on the potential for monkey business practices in transactions on the commodity exchange, namely including preventive legal protection and repressive legal protection. Suggestions from this research regarding provisions that need to be further regulated in regulations for Crypto Asset commodity trading in Indonesia include: additional requirements for physical crypto asset traders (Exchangers) in order to obtain approval; Anti-Manipulation, Fraud Provisions; Implementation of Provisions for Providing Compensation Funds

Perlindungan Hukum Konsumen terhadap Informasi Kandungan Zat Etilen Oksida pada Mie Instan Indomie

2024-03-20T04:36:46+00:00

This research is about legal protection of information on the content of ethylene oxide in Indomie instant noodle. This research is normative type. This research uses a case approach method. The data collection technique uses secondary data collection techniques. The results of the study, first, consumer legal protection in this study is still weak. Consumers do not obtain correct, clear, and honest information regarding the content of ethylene oxide levels in Indomie instant noodle packaging as they should. This causes consumer rights regarding open information not to be fulfilled properly and correctly. Second, the responsibility of business actors is not appropriate for the loss of consumers who consume Indomie instant noodle products with excess ethylene oxide levels.

Penegakan Hukum Pidana Terhadap Tindak Pidana Kekerasan Seksual di Perguruan Tinggi Pasca Berlakunya Permendikbudristek Nomor 30 Tahun 2021

2024-03-20T04:45:23+00:00

This research has the background of criminal law enforcement efforts against criminal acts of sexual violence that occur in the university environment after the enactment of Permendikbudristek Number 30 of 2021. The approach method used is to use a case and statutory approach. This study discusses what causes sexual violence in higher education, what obstacles are faced by the PPKS Task Force and the efforts made by the PPKS Task Force in resolving sexual violence in higher education. This study aims to determine how the practice of criminal law enforcement against criminal acts of sexual violence in higher education after the enactment of Permendikbudristek Number 30 of 2021 because there are complaints that students are victims of sexual violence but the university is slow in handling the case. Victims are entitled to legal protection so that universities that have not formed the PPKS Task Force are expected to immediately form, and enforce Permendikbudristek Number 30 of 2021 by conducting surveys every 6 (six) months to minimize the occurrence of sexual violence in higher education.

Kedudukan Hak Atas Tanah yang Telah Dialihkan Sebagai Bagian Boedel Pailit (Studi Kasus PT. Salam Teguh Perkasa)

2024-03-20T04:47:24+00:00

This research is motivated by the existence of legal problems regarding the validity of the transfer of land rights where the land object is then used as a bankruptcy estate. The purpose of this research is to find out how the validity of the transfer of land rights that have been transferred by the parties and the validity of the land object which is then used as a bankruptcy estate. This research typology uses normative legal research. Normative legal research is research that refers to legal norms contained in laws and regulations and court decisions. The approach method used is the statutory approach and conceptual approach. The results of this study are related to the transfer of land objects carried out by Syaiful to Agung Nugroho is valid while that carried out by Agung Nugroho to Hermawan is invalid, this is based on the difference in the transfer time, namely the PPJB paid off and the PPJB has not been paid off. Then related to the validity of the land object used as the bankruptcy estate of PT STP is invalid because the object has not become the property of PT STP when it is used as a bankruptcy estate. The legal advice that can be given is that Hermawan as an aggrieved buyer can file a legal action in the form of a tort claim against Agung Nugroho to the Bantul District Court. The second legal advice is that Agung Nugroho can again file a lawsuit to the Semarang Commercial Court so that the land object can be removed from the bankruptcy estate of PT. STP.

Penunjukan Kepala Otorita Ibu Kota Nusantara Menurut Undang-Undang Nomor 3 Tahun 2022

2024-03-21T07:23:09+00:00

This study aims to analyze President’s prerogatif rights in election of the head of Nusantara Capital City Authority and the implication to the head of Nusantara Capital City Authority’s position and authority. This study contain two research problem formulation: Is the election of the head of Nusantara Capital City Authority using President’s prerogative right? What the implication to the head of Nusantara Capital City Authority’s position and authority? This is a normative judicial research. Legal materials used in this study collected by literature review and document review method, and written descriptively. This study used qualitative-descriptive method conducted using legislation approach. This study concluded the election of the head of Nusantara Capital City Authority is a President’s prerogative right. Second, it’s in equal position with the minister. The authority came from Government Regulations and President Regulations, Nusantara Capital City Authority have no autonomous authority. This study offers to return “after having a consult” into “with approval” or “with consideration”. It’s better to separate the preparation and translocation institution, and regional administrators institution to carry out autonomous authority well and return last government model and giving special authority as a special area of the capital, also bringing back Regional Legislative Council.

Implementasi Putusan MK 31/PUU-X/2012 Jo. SEMA 4 Tahun 2016 Dalam Putusan Pengadilan TIPIKOR

2024-03-21T07:26:04+00:00

The formulation of the problem in this research is: 1. Who is the institution that has the authority to determine/declare state losses based on Constitutional Court Decision Number 31/PUU-X/2012 jo. SEMA Number 4 in 2016? 2. How to implement the Constitutional Court Decision Number 31/PUU-X/2012 jo. Sema Number 4 of 2016 regarding the calculation of state financial losses in court decisions for criminal acts of corruption in Indonesia? The author uses normative legal research methods. Whereas the results of the discussion on the first formulation are regarding which norm is higher, namely the Constitutional Court Decision, so that it can be seen that the institution that has the authority to determine/declare state losses is the BPK or BPKP, while the discussion on the second problem formulation is regarding the implementation/enforcement regarding the calculation of state financial losses in the decision. TIPIKOR trials are carried out by the BPK, BPKP and even by the judges themselves

Keabsahan Perjanjian Pengikatan Jual Beli dalam Putusan Pengadilan Negeri Denpasar Perkara Nomor 10/PDT.G/2019/PN.Dps

2024-03-21T07:28:43+00:00

This study aims to analyze the basic legal considerations used by the Judges at the Denpasar District Court to ratify the sale and purchase agreement in case number 10/Pdt.G/2019/PN.Dps. This study examines two legal issues: First, how is the validity of the sale and purchase agreement in the Denpasar District Court decision number 10/Pdt.G/2019/PN.Dps. Second, what is the accuracy of the legal considerations of the judges in the Denpasar District Court decision number 10/Pdt.G/2019/PN.Dps. The research method in this research is normative juridical which is based on literature studies, laws, books, journals, news and other supporting research. The results of this study can be concluded that: First, the notary was proven to have abused the authority granted by law during the process of making a sale and purchase agreement in case number 10/Pdt.G/2019/PN.Dps, causing the sale and purchase agreement to be degraded. Second, the legal considerations of the Judges examining case number 10/Pdt.G/2019/PN.Dps are incorrect because they state that the sale and purchase agreement is an authentic deed and states that the notary has carried out his duties according to applicable law. The researcher’s suggestion is that the judges should have been more careful in examining the evidence and ensuring the skills and competence of a notary as a person authorized to make authentic deeds.

Pemenuhan Hak atas Informasi Konsumen terhadap Ketidaksesuaian Harga pada Rak dengan Struk Belanja di Alfamart

2024-03-22T02:25:33+00:00

This study discusses the fulfillment of consumers' rights to information regarding discrepancies between prices on shelves and shopping receipts at Alfamart. This type of research is normative law, the approach method used is law. The source of data obtained through legal materials is in the form of primary data, namely data collection carried out through a library study basis. The results of this study are first, the right to information has not been fulfilled because business actors still tend to ignore their obligations in fulfilling consumer rights to obtain correct, honest and clear information in accordance with the condition of the goods being traded in accordance with Article 4 of Law Number 8 1999 concerning Consumer Protection. Second, business actors ignore consumer rights where when there is a difference in the price listed on the shelf and on the shopping receipt, the price on the shopping receipt is more expensive in accordance with Article 19 of Law Number 8 of 1999 concerning Consumer Protection.

Prinsip Penyelesaian Sengketa Melalui Perjanjian Dalam Perspektif Hukum Internasional dan Hukum Islam

2024-04-01T01:43:38+00:00

This article will discuss international dispute resolution principles according to international law and Islamic law perspectives. In international law, several methods are used to resolve disputes between countries, but the main approach is to use international courts and other common methods such as mediation or arbitration. Similarly, international law in the perspective of Islamic law also emphasizes the method of settlement with the principle of deliberation which prioritizes the principle of justice and avoids injustice. Settlement of disputes in both Islamic law and international law has principles that are in line with both upholding basic principles such as justice, truth, and peace. Settlement through mediation and arbitration is a settlement that is both found in international law and Islamic law, in which some principles are in harmony. By knowing the principles of dispute resolution from these two perspectives and how Islamic law and international law influence the resolution of disputes, it is hoped that it can provide an in-depth insight into how the principles of dispute resolution are used to achieve justice and peace in the international world.

Aspek Hukum Penyelesaian Sengketapenanaman Modal Melalui Mekanisme Alternative Dispute Resolution (Adr) Di Kawasan Asean

2024-04-01T01:45:08+00:00

In order to realize the ASEAN single market, which is one of the free flows of capital or investments in the ASEAN region, on 26th of February 2009 in Cha-am, Thailand, the government delegations of ASEAN member countries signed the ASEAN Comprehensive Investment Agreement known by the abbreviation of ACIA Agreement. Indonesia has participated in signing the investment cooperation agreement in ASEAN. The implication that the ACIA Agreement bears towards Indonesia is the obligation to take measures to harmonize its investment regulations in accordance with the ACIA rules, especially the provisions contained in Law no. 25 of 2007 on Capital Investment. Apart from regulating investment cooperation agreements, the ACIA Agreement regulates the resolution of investment disputes between ASEAN member countries. Regarding the dispute resolution mechanism, the ACIA Agreement uses 2 channels, namely extra-legal channels (Alternative Dispute Resolution/ADR) and legal channels (Court/Arbitration). The choice of dispute resolution using this mechanism depends on the parties to the dispute. In this case, the choice of dispute resolution through the Alternative Dispute Resolution (ADR) mechanism also has separate regulations in this agreement. Furthermore, in Law no. 25 of 2007 on Capital Investment which applies in Indonesia also regulates the issue of resolving investment disputes in the form of Alternative Dispute Resolution (ADR). Therefore, the problems in this research are first, how is the implementation of the Alternative Dispute Resolution (ADR) mechanism in resolving investment disputes between ASEAN member countries and second, what are the challenges and efforts to implement the Alternative Dispute Resolution (ADR) mechanism in resolving investment disputes among ASEAN member countries, especially for Indonesia. This research uses a normative legal research method through document study, namely by conducting a literature search for materials or materials related to the Alternative Dispute Resolution (ADR) mechanism in resolving investment disputes based on applicable laws both internationally and nationally. The data used is secondary data through primary legal materials, secondary legal materials and tertiary legal materials.

Kesetaraan Hak Wanita Dalam Kemandirian Secara Finansial Menurut Hukum Ham Internasional Islam

2024-04-01T03:01:43+00:00

The Organization of Islamic Cooperation made a declaration intended for member states and has been recognized by the United Nations as an instrument of international Islamic human rights called the Cairo Declaration. Article 6 of the Cairo Declaration enumerates the principle of equal rights of women in financial independence. In the current era of globalization, it encourages women to gain financial independence, but in reality women often get dishonorable treatment. Such as sexual harassment at work, on public transport and other public places. The purpose of this study is to find out why Islam emphasizes the need for financial independence in the perspective of international human rights and find the commitment of the Indonesian state as an OIC member state to take part in legal protection for women in order to fulfill women's financial independence. To achieve the objectives of this study, normative juridical research methods are used by conceptual approaching with the principle of gender equality. The expected recommendation is that the Islamic human rights perspective allows for financial independence with the permissible limitations in Islam. The Government of Indonesia fulfills international obligations not only as a member state of the OIC but also as a state party to international agreements governing the principle of women's equality.

Menimbang Masa Depan Hukum Islam Dalam Pembentukan Hukum Internasional Via Mahkamah Internasional

2024-04-23T08:43:54+00:00

Apart from the state, the International Court of Justice (ICJ) also plays a significant role in shaping international law through its rulings and legal advisors. Article 38 of the ICJ Statute states that the ICJ is nevertheless only permitted to use traditional legal sources to perform its duties. In order to achieve the universalism of international law, the Court, as an organization that represents legal systems around the world, ought to be permitted to rely on Islamic law as one of its legal sources when performing its duties. Consequently, Islamic law can be represented in developing international law. This article proposes the potential influence of Islamic law on the development of international law in the future through the ICJ. Through an inter-civilizational perspective, international law can be understood as a discourse among different civilizations worldwide. In this context, Islamic law must actively participate in this debate as a representative of a legal system and identity.

Binding Sources of International Law vis-à-vis Uṣūl al-fiqh: Towards Developing the Turath on Fiqh al-Siyar

2024-04-23T08:47:26+00:00

Some contemporary Islamic scholars often merely regurgitate classical scholarship of fiqh al-siyar (Islamic international law) while oblivious of major shifts in the world order back then versus today. Other contemporary scholars do the opposite mistake: going straight to the Qur’an and Sunnah, ignoring over a millennium worth of turath (Islamic scholarly tradition) and end up cherry-picking verses to support inferiority-complex-infused versions of Islam and subjugated by Eurocentric notions of international law.

Hence, fiqh al-siyar is currently in a state of lethargy in turath requiring major projects for development. My research will touch uṣūl al-fiqh (jurisprudence) specifically regarding the sources of Islamic law and how, from them, ijtihad is conducted when interacting with contemporary international law. This is among the foundational issues upon which many further developments of fiqh al-siyar need to be established.

I apply Al-Attas’s “Islamization of Contemporary Knowledge” approach to comprehensively analyze the sources of international law to consider how Islamic law should react and respond to them. For this project, I focus on formally binding sources of international law (treaties, customary international law, general principles of law, and jus cogens). My two findings: (a) most of these sources should not be categorically accepted or rejected (must be carefully considered case-per-case), and (b) jus cogens, in terms of legal status, should be categorically rejected.

Pengaturan Hukum Lingkungan Internasional Terkait Pencemaran Udara Akibat Kebakaran Hutan dalam Perspektif Hukum Islam

2024-04-23T08:48:50+00:00

In recent years, forest fires have frequently occurred in Indonesia, especially forests in Sumatra and Kalimantan. Not only that the certain impacts of forest fires have damaged the forest and land ecosystems, the emergence of thick smokes polluting the air as a direct result of forest and land fires has led to the emergence of new disasters. The accumulation of smokes did not only occur at the location of the fire, but it had spreaded throughout almost the entire island of Sumatra, Kalimantan and parts of Java. It had even reached the closest neighbouring countries. Areas in Malaysia, Singapore and Brunei Darussalam were likewise affected by the smokes. These forest fires are the cause of transboundary air pollution which is contrary to the principles of international environmental law. One of the Principles of International Environmental Law is well-known as "Sic Utere Tuo Ut Alienum Non Laedes" which dictates that a country is prohibited from carrying out or allowing activities that could harm other countries. The consequences of these violations can be the basis for holding accountable the states that have committed acts that are detrimental to other countries. Another related principles is "The Polluter Pays Principles" which determines that the one who pollutes is the one who is obligated to pay.