Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

Posisi Indonesia Pada Organisasi Internasional: Peran Strategis Dalam Pembentukan Hukum Internasional

Levina Yustitianingtyas — 2025-07-25

International law functions as a foundation for relations between states and international organizations, and regulates various global issues such as human rights, peace and security. Indonesia, as the country with the fourth largest population and one of the main regional powers in Southeast Asia, plays a significant role in the development of international law. This legal writing focuses on the issue of the extent of Indonesia's contribution in participating in international organizations, and its role in drafting and implementing international legal norms. Indonesia has made many contributions to the international arena, namely in forming international agreements and global conventions, such as the UN Convention on the Law of the Sea (UNCLOS 1982) and the Kyoto Protocol. The legal writing method used is legal normative, with a conceptual approach and case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The results of this legal writing provide an answer that Indonesia has also implemented international legal norms into its national law and Indonesia's position or role in various international activities has been taken into account. This shows that Indonesia not only functions as an active participant in international policy making, but also as a driver of significant change in advancing the principles of international law. This contribution not only strengthens Indonesia's position on the global stage but also helps shape a fairer and more inclusive international legal order.

The Ship Must Cast Off: Indonesia’s Perspective And Contribution On The New Biodiversity Agreement

Rafi Nasrulloh Muhammad Romdoni — 2025-07-25

“The ship has reached the shore” was Rena Lee’s remarkable statement as it symbolized the adoption of the new agreement on biodiversity beyond national jurisdiction (BBNJ Agreement) in the first quarter of 2023. Immediate action to deal with biodiversity loss while at the same time synchronizing States’ interests (developed v. developing) regarding certain activities in area beyond national jurisdiction (ABNJ) were the tough challenges during the process. Indonesia has been participating actively in the development of international law of the sea, including the BBNJ Agreement. By using normative legal research, this article explores the perspective and contribution of Indonesia on the protection of biodiversity in ABNJ, as well as the next steps the Government of Indonesia (GoI) should take. The result shows that Indonesia has always been a persistent contributor to the law of the sea, including the BBNJ Agreement. Also, Indonesia must commence some preparations such as synchronizing national laws, strengthening cooperation and finally ratify the Agreement.

Integrasi Nilai Pancasila Dalam Praktek Hukum Internasional Menanggapi Agresi Israel Terhadap Palestina

Karisma Bintang Pratama — 2025-07-25

This article discusses the integration of Pancasila values into international law as the basis for Indonesia's diplomatic practice regarding Israel's acts of aggression against Palestine. Israel's aggression against Palestine is seen as a gross violation of human rights, especially for Palestinians. Israel's human rights violations against Palestinians constitute a deprivation of the rights of others, especially the right to live safely and decently. The conflict between Israel and Palestine has not yet found a bright spot of peace and has claimed many lives to date. The purpose of this study is to analyze Indonesia's role and contribution to influencing international legal practice through the application of the integration of Pancasila values in response to Israel's acts of aggression against Palestine. To analyze this problem, normative juridical research methods are used with a statute approach, a conceptual approach, and a case approach. The study concludes that Israel has violated humanitarian principles and has been ruled by the International Court of Justice that Israel's occupation of Palestine is illegal. Furthermore, it can be conveyed that Indonesia with the integration of Pancasila values has been able to provide a significant boost in influencing the construction of international law, especially in forming international agreements and bilateral or multilateral cooperation. Pancasila is the foundation for Indonesia diplomats to promote and defend national interests, as well as uphold universal values embraced by the international community, including in the case of Israel's aggression against Palestine.

Perlindungan Hukum Bagi Notaris Dalam Pembuatan Akta Otentik Yang Penghadapnya Menggunakan Identitas Palsu Dalam Perspektif Hukum Intenasional

Farida Nur Hidayah — 2025-07-25

This study aims to analyze the legal protection for notaries in making authentic deeds when the parties appearing use false identities, viewed from the perspective of international law. In carrying out their duties, notaries have an obligation to ensure the truth of the identities of the parties in order to guarantee the validity of the deeds made. However, in some cases, the parties may use false identities, which has the potential to cause legal problems for notaries. This study highlights the forms of legal protection that can be given to notaries in accordance with the provisions of international law and discusses the responsibilities and limitations of notary authority in such situations. The research method used is a normative legal approach, with an analysis of international legal instruments relating to the protection of the notary profession. The results of the study show that although notaries are responsible for the deeds made, there are legal protection mechanisms that can protect notaries from prosecution if it is proven that they have carried out their duties in good faith and in accordance with applicable procedures. Therefore, harmonization of regulations at the national and international levels is needed to ensure that notaries receive adequate protection in carrying out their profession.

Komitmen Piagam Asean (Asean Charter) Dalam Melindungi Hak Dasar Warga Negara Di Asia Tenggara

Rudi Natamiharja — 2025-07-25

ASEAN, as a regional organization, has sought to protect the fundamental rights of its citizens through the ASEAN Charter and various legal instruments. The commitment of the ASEAN Charter to protect the fundamental rights of citizens in Southeast Asia is evident. As a binding legal document, the ASEAN Charter aims to strengthen regional cooperation and promote respect for human rights, democracy, and the rule of law among ASEAN member states.Although ASEAN has established policies and institutions such as the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Human Rights Declaration (AHRD), differences in political systems, the principle of non-intervention, and economic disparities among member states hinder the implementation of human rights protection. Countries with authoritarian systems find it more challenging to enforce policies, while economic disparities affect enforcement capacity in some nations.Other challenges include issues related to human trafficking, the protection of migrant workers, corruption, and institutional weaknesses. This research emphasizes the importance of a more coordinated approach and domestic reforms in ASEAN member states by strengthening regional mechanisms, engaging civil society, and enhancing international cooperation to ensure effective implementation of human rights protection in the region.

Restorative justice, Akuntabilitas, dan Standar Hak Asasi Manusia Internasional dalam Kasus Tindak Pidana Berat oleh Anak di Indonesia

Elvania Rachmasya Ratu Ardiananta — 2025-07-25

Cases of serious crimes committed by minors, such as murder and sexual violence, have become a significant concern in Indonesia, particularly regarding the perception that the legal system is too lenient toward juvenile offenders. Data indicates a steady increase in juvenile crimes over the past decade, prompting public demands for a more stringent legal approach. This paper analyzes how the Indonesian legal system implements the concept of Restorative justice in handling serious crimes committed by minors, considering the balance between offender rehabilitation and legal accountability that fulfills the victim’s right to justice. Through case studies, legal analysis, and exploration of international standards, this paper evaluates the extent to which Indonesia’s juvenile justice policies align with international human rights principles. Additionally, it examines Indonesia’s role and contributions in shaping global standards on child protection and juvenile criminal justice reform, particularly in addressing serious offenses involving minors

Kontestasi Hukum Internasional dalam Kebijakan Hilirisasi Indonesia

Lisa Mery — 2025-07-25

This research aims to analyze Indonesia's ability as a country to utilize various international legal instruments in initiating political, economic and social goals, the study identifies the substantive instruments used, the challenges faced and the implications of Indonesia's foreign policy. Normative research method by analyzing international law rules and case studies through international agreements that have been ratified by Indonesia. The research results show that International Law has a significant influence on the formation of national legislation, there are a number of challenges and opportunities because the application of International Law requires effective and rational implementation.

Penataan Kelembagaan Keamanan dan Keselamatan Maritim Indonesia

Harry Setya Nugraha — 2025-07-25

This research aims to unravel the consequences of the acceptance of the concept of Indonesia as an archipelagic state, because the increasing size of Indonesian waters triggers the responsibility of the state to ensure that its territorial waters are free from the threat of maritime challenges, disturbances and obstacles (ATGH). State institutions in Indonesia's territorial waters are currently multisectoral, which has led to widespread problems and negative impacts, because Indonesia's maritime security and safety institutions are not well organized. If left unchecked, Indonesia will not only be unable to play a role and contribute much to maintaining global maritime security and safety. It will also bury its dream of becoming the world's maritime axis. The three main issues in this research are how is the regulation of security and safety of marine areas in terms of international law of the sea? What is the urgency of structuring maritime security and safety institutions in Indonesia? What political policies can the government take to organize maritime security and safety institutions in Indonesia? The type of research used to answer these issues is a normative juridical research method with 2 (two) approaches, namely a statutory approach, and a conceptual approach. This research concludes that, first, the consequence of Indonesia's status as an archipelagic state gives Indonesia the authority to regulate its territorial waters in accordance with the provisions of UNCLOS 1982. Second, there are 3 (three) main reasons for the need for structuring Indonesia's maritime security and safety institutions. Starting from philosophical, sociological and political reasons. Third, the political policy that needs to be taken in order to organize Indonesia's maritime security and safety institutions is to form an Omnibus law on the Law on Marine Security and Safety or the Law on the Marine Security Agency.

Makalah: Ratifikasi Hukum Internasional dalam Penguatan Kebijakan Nasional Mengenai Preservasi Peninggalan Sejarah Nasional

Yulio Iqbal Cahyo Arsetyo — 2025-07-25

"Indonesia is a country with a rich culture and historical heritage. However, this wealth is like a double-edged sword. On one hand, historical relics offer great opportunities for tourism, but on the other hand, conservation challenges such as funding and the theft of historical artifacts must be addressed seriously. To tackle this issue, Indonesia needs to make joint efforts with the international community through the ratification of international laws that can strengthen national policies related to the preservation of historical heritage. This research aims to analyze how international law can reinforce national policies in the conservation of Indonesia's national historical heritage. This research is qualitative with a normative juridical method. The results of the study indicate that the ratification of international legal instruments not only enhances international recognition but also brings support and protection guarantees for historical heritage objects at the international level."

Perlindungan Hukum Bagi Konsumen atas Pelanggaran Hak Informasi Penjualan Produk di Gerai Donat J.CO Indonesia

Jahra’ Marwah Januarilla — 2025-07-25

This study aims to analyze whether business actors in J.CO Indonesia outlets have fulfilled consumer rights and carried out their obligations as stipulated in Law No. 8 of 1999 concerning Consumer Protection. This study also examines the legal consequences faced by business actors if these obligations are not implemented, and examines the form of legal protection and responsibility of business actors towards consumers, especially in cases of violation of information rights. This study uses a normative legal method with a statutory approach and case studies. The case analyzed involves product promotions at J.CO Indonesia, where business actors provide unclear and misleading price information related to product packages. The analysis focuses on Article 4 letter c, Article 7, and Article 9 of the Consumer Protection Law, which regulate the obligations of business actors to provide correct, clear, and transparent information. The results of the study indicate that J.CO Indonesia business actors have violated their legal obligations by presenting misleading information to consumers, resulting in material losses and reducing consumer trust. This violation also violates consumers' rights to transparent and accurate information, as stipulated in Article 4 letter c. In addition, business actors have not carried out their responsibilities as stipulated in Article 19 of the Consumer Protection Law to provide compensation to consumers who have been harmed. Therefore, the conclusion of the study is that normatively legal protection for consumers related to the right to information is sufficient to protect, but in practice consumer rights are not fulfilled due to business actors who ignore their obligations to provide information honestly, clearly, and transparently which has an impact on material losses and reduces trust in business actors.

Penerapan Asas Iktikad Baik Pada Kontrak Elektronik Jasa Titip Tiket Konser di Media Sosial

Zeta Kirana Rajavi — 2025-07-25

The principle of good faith is an important basis for implementing a contract. This principle aims to provide legal certainty for the parties so that contracts can be carried out fairly and without harming either party. This also applies to concert ticket services on social media. This research aims to examine how the principle of good faith is applied in electronic contracts for concert ticket deposit services on social media? and the legal consequences of not implementing the principle of good faith? This research uses a normative juridical research type, with a conceptual approach, statutory regulations and cases. Data was obtained through library research on primary legal materials, secondary legal materials and tertiary legal materials using descriptive-qualitative analysis methods. The results of this research conclude that the application of the principle of good faith has not been fully implemented in electronic contracts for concert ticket deposit services on social media, both in terms of subjective and objective principles of good faith. Failure to implement the principle of good faith results in defects of will in the agreement made and leads to breach of contract, namely failure to fulfill achievements in the form of concert tickets which are the object of the contract.

Peran Indonesia dalam Implementasi Hukum Internasional untuk Melindungi Kepentingan Nasional di Wilayah Pesisir: Analisis terhadap Pengaruh dan Kontribusi UNCLOS

Abdusyahid Naufal Fathullah — 2025-07-25

Indonesia, as the largest archipelagic country in the world, has a very large strategic interest in its coastal areas. The sea is not only an abundant natural resource, but also a vital route for trade and communication. In this context, the implementation of international law, especially the United Nations Convention on the Law of the Sea (UNCLOS), is very crucial to protect Indonesia's national interests. Through normative research and case studies, this research examines national laws and regulations, maritime policies, and relevant practices. The results of the study show that Indonesia has taken significant steps in implementing UNCLOS, such as the establishment of an Exclusive Economic Zone (EEZ) and the continental shelf. However, there are still a number of challenges in harmonizing international and domestic law, as well as in the face of the complexity of contemporary maritime issues. The case study of the North Natuna Sea dispute underscores the importance for Indonesia to continue to strengthen its legal position in order to defend its rights in the maritime area.

The Possibility of Establishing Bilateral Investment Treaty Between Indonesia and Japan to Bridge IJEPA

Muhammad Syabil Baykhaqi — 2025-08-04

The bilateral investment relationship between Indonesia and Japan has played a crucial role in fostering economic cooperation, particularly under the Indonesia-Japan Economic Partnership Agreement (IJEPA). However, IJEPA which has been enforced since 2008 has encountered implementation challenges, such as specificity in addressing modern investment challenges, regulatory changes, environmental concerns, and labor mobility, particularly in the caregiving sector. This research explores the possibility of establishing a Bilateral Investment Treaty (BIT) between Indonesia and Japan as a means to bridge the gaps within IJEPA and strengthen bilateral investment relations. The research employs a normative legal approach, utilizing qualitative analysis of legal documents, treaties, and secondary sources to assess the feasibility of a new BIT. The study identifies key principles that should be included in the proposed BIT, such as clear definitions of Fair and Equitable Treatment (FET), Most-Favored-Nation (MFN) clauses, and dispute resolution mechanisms that balance investor protection with state sovereignty. Additionally, the thesis highlights the importance of sector-specific provisions tailored to the automotive industry, labor mobility (especially for caregivers), and green energy projects, which align with the strategic interests of both nations. The findings suggest that a new BIT between Indonesia and Japan is both feasible and necessary to enhance bilateral investment relations. The proposed treaty would provide greater legal certainty, encourage long-term investment, and address the shortcomings of IJEPA. By incorporating updated provisions on investor protection, labor rights, and sustainable development, the BIT would foster a more stable and predictable investment environment, benefiting both countries economically and socially.

Free Legal Aid Policy: The Role and Challenges of Legal Aid Organizations to the Poor

Rizky Ramadhan Baried — 2025-08-04

The Ministry of Law and Human Rights of the Republic of Indonesia makes a policy for legal aid organizations to carry out legal aid on a pro bono basis to get the legal aid budget ceiling for the following year. The purposes of this study are to analyze the role of legal aid organizations in realizing pro bono legal aid to implement access to justice for the poor; and to analyze their challenges in fulfilling The Ministry of Law and Human Right’s policy of implementing pro bono legal aid to get the legal aid budget ceiling for the following year. This research using empirical juridical research methods, with a sociological, statutory and a conceptual approach. Primary and secondary data obtained through interview techniques, observations, and literature studies, then analyzed qualitatively. The results of this study show that legal aid organizations play a preventive role in the form of legal counseling activities to the community and actively serve consultations to legal aid both inside and outside the trial for the poor; The challenge they encountered was in the form of rivalry between fellow legal aid organizations which were then required to innovatively get closer to the need for free legal aid for the underprivileged.