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Application of The Execution of Fiduciary Guarantees on Movable Objects to Defendant Creditors: (Analysis of Decision Number 70/Pdt.GS/2020/Pn Palembang) Diana Setiawati; Enora Aulia Purbayang
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

In the difficult economic situation due to the Covid-19 outbreak, many people carry out credit transactions to meet their daily needs. In these credit transactions, many debtors are late in paying installments due to declining economic factors. The execution process often becomes a dispute, because the creditor has defaulted by not fulfilling his obligations and executing the fiduciary guarantee without showing the documents related to the guarantee. The research method applied is normative juridical, this type of research is descriptive qualitative which aims to describe and analyze various formal regulations in the context of fiduciary guarantees. The data source applied is data originating from the results of literature research relating to fiduciary guarantees. The data collection technique applied is a normative research method, namely by collecting various types of legal materials ranging from primary legal materials, secondary legal materials, to tertiary legal materials. The data analysis method applied is a qualitative method and is presented descriptively. The results of the research are contained in the conclusion which shows that Decision number 70/Pdt.GS/2020/PN.Plg which granted part of the plaintiff's demands shows that in the execution of fiduciary guarantees on movable objects against defaulting creditors, there are various types of violations committed by creditors against statutory regulations - valid invitation.The debtor's legal protection in this case is still relatively weak and detrimental to the plaintiff, because the sanctions imposed on creditors are still limited to administrative sanctions. Meanwhile, protection for creditors in this case is still relatively weak, because creditors only receive repressive legal protection.
Socialization of Legal Understanding towards Street Merchants (PKL) who Provide Trading in Locations that are Prohibited From A Progressive Law Enforcement Perspective Diana Setiawati; Orryza Almira Mauriska
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Consumers have the right to use services provided by business actors, including the right to security and comfort, including the use of personal data which should be kept confidential by business actors. In fact, based on Decision Number 90/Pdt.sus-BPSK/2021/PN.Mdn. consumers are harmed because their personal data is accessed without permission by the provider, thereby causing losses to consumers. From this description, it can be seen that there is a gap between das sollen and das sein which needs to be analyzed further in this research. This research aims to find out and analyze legal protection for consumers of postpaid providers regarding hacking and use of personal data without permission based on Law Number 27 of 2022 concerning Personal Data Protection and to find out and analyze the legal consequences arising from use of personal data without permission. The legal research method in this research uses normative juridical research to examine norms, principles, theories, doctrines, etc. related to the research problem, with a statutory approach, the data in this research is secondary data with a library data collection method, and analyzed qualitatively. Based on the research results, it can be seen: (1) Consumers can be protected by Law Number 8 of 1999 concerning Consumer Protection regarding legal protection of their rights as consumers, but this results in the failure to fulfill legal protection for personal data. So, in providing legal protection for consumers' personal data, it can be protected by Law Number 27 of 2022 concerning Personal Data Protection; (2) The resulting legal consequences may be subject to legal liability and sanctions, if based on Law Number 27 of 2022 concerning Personal Data Protection they can be imposed in accordance with Article 67.
Juridical Review of Standard Clauses in Goods Expedition Agreements Based on the Consumer Protection Law (Study at the J&T Express Company) Diana Setiawati; Pradika Dhony Indrawan
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Goods delivery services are an economic activity that is currently developing very rapidly and always prioritizes aspects of efficiency for its users. Users of goods delivery services are consumers of goods delivery services. The implementation of this efficiency aspect is carried out through the inclusion of standard clauses in goods delivery agreements, this is done to avoid protracted negotiations between business actors and consumers. J&T Express as a goods delivery service business also includes standard clauses. In including standard clauses, J&T Express must pay attention to the provisions in the Consumer Protection Law in the form of a prohibition on the inclusion of certain standard clauses, if the delivery agreement violates the provisions in the Consumer Protection Law it will be declared null and void. This research aims to find out and analyze the standard clauses contained in the J&T Express goods delivery agreement in terms of Law Number 8 of 1999 concerning Consumer Protection (UUPK) and to find out the legal consequences of including these standard clauses. The research method used is a normative juridical approach and descriptive analysis. The research results obtained according to the analysis carried out by the author illustrate that J&T Express, in including standard clauses, transfers responsibility which results in the consumer's rights not being fulfilled, there are several standard clauses which fulfill the elements of Article 18 paragraph (1) UUPK, therefore the legal consequences of the delivery agreement by J&T Express are stated null and void by law, this is in accordance with the provisions of Article 18 paragraph (3) UUPK which states that if there is a standard clause that is not in accordance with the provisions, then it will be declared null and void by law.
Implementation of Goods and Services Procurement Agreement Between CV. Sabicho with SMP Negeri 2 Tasikmadu Karanganyar: Analysis Based on Presidential Regulation Number 12 of 2021 Diana Setiawati; Rosita Rahmawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Procurement activities for government goods or services are included in civil legal relations because the organizer and the provider of goods or services actually sign a contract to meet the needs of the user of the goods or services. Procurement of goods or services is carried out through stages of the procurement process, where finally the selected provider of goods or services will sign an agreement/contract with the user of the procurement of goods or services. The agreement/contract contains an agreement between the official who is the first party procuring goods or services and the provider of goods or services who is the second party. The purpose of this research is to determine the implementation of the agreement and also the legal consequences if there is a default in the agreement for the procurement of goods and services. In this research, the method used is the juridical-normative (doctrinal) method which the author uses to analyze and describe agreements for the procurement of goods or services. The research results show that the implementation of the agreement to purchase goods or services signed by both parties is a standard agreement and the legal consequences arising from the agreement are in accordance with presidential regulation no. 12 of 2021 Amendment to Presidential Regulation no. 16 of 2018 regarding the procurement of government goods or services and also the Civil Code.
Legal Protection for Minority Shareholders in Public Companies: Analysis Based on Law Number 40 of 2007 concerning Limited Liability Companies Dimas Adika Ardiyanto; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

A Limited Liability Company is a legal entity in the form of a business entity whose capital consists of shares and whose shareholder partners have limited liability in proportion to the number of shares they own. As a consequence of the GMS decision, the rights and obligations of minority shareholders are the focus of this research. The company's actions were considered inconsistent, discriminatory and unjustified. This research aims to examine the legal protection for minority shareholders in public companies as outlined in Law no. 40 of 2007 concerning Limited Liability Companies in a comprehensive, straightforward and careful manner. It is hoped that this study will produce scientific, practical and scientific benefits for the author and anyone who wants to analyze it. This research method uses normative juridical research, which uses data from literature studies and the documents contained therein, as well as several supporting references. Secondary data consists of primary, secondary and tertiary legal materials, such as literature, scientific works and other library materials that discuss the materials used to create this scientific work. The results of this research indicate that the issue of legal protection for minority shareholders in public companies has been regulated in Law Number 40 of 2007 concerning Limited Liability Companies; however, the law has not been fully implemented. In other words, minority shareholders in public companies still have difficulty obtaining legal protection to obtain equity in the company.
Socialization of Legal Understanding Towards Street Merchants (PKL) who Provide Trading in Locations that are Prohibited from A Progressive Law Enforcement Perspective Yuha Farisa Zukhruf; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This research aims to provide a description of the distribution of inheritance in Dawung village and provide a description of the Islamic perspective on the practice of distribution of inheritance carried out by the local community. This research uses descriptive qualitative methods. The data sources used are primary data sources which come from interviews and secondary data sources, namely sources obtained based on the results of reviewing books, journals and other written works. The data in this research was collected using literature study and interviews and then analyzed qualitatively. The results of the research prove that the practice of dividing inheritance property in Dawung village uses a traditional inheritance law system using an equal distribution system in which inheritance property is divided equally between daughters and sons, namely 1: 1, even though the majority of people in Dawung village embrace Islam. This is done in order to maintain and guarantee the integrity and harmony of the community so that there are no disputes between family members. Islam considers the practice of dividing inheritance as a shohih al u'rf which often arises in special social life and this distribution is considered valid for a society that has a culture like this because the components of consent and justice according to a society are the result of an agreement between the heirs. as well as the surrounding environmental situation.
A Legal Review of PayLater based on Law Number 4 of 2023 on The Development and Strengthening of The Financial Sector Selvi Novia Safitri; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Developments in the financial technology (FinTech) sector have given rise to various innovations in payment systems, one of which is the PayLater service which allows consumers to make purchases with payments that can be postponed. The aim of this research is to analyze legal regulations related to PayLater services based on Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (UU P2SK) as well as legal protection efforts for consumers. With a normative legal research approach, and a type of descriptive research that uses secondary data. Primary legal materials in the form of the P2SK Law as the legal basis for PayLater services, which involves supervision by the Financial Services Authority (OJK), tertiary legal materials in the form of journals, books and other sources as reinforcement for primary legal materials. And finally, tertiary legal material in the form of a large Indonesian dictionary as a guide for writing this research. The results of this research are to find out the legal regulations related to Paylater based on Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector and secondly to find out consumer protection for Paylater users according to the regulations of Law Number 4 of 2023.
Determination of The Amount of Levy and Profit Sharing for Parking Management based on The Regulation of The Mayor of Surakarta No.5 of 2024 Gresnia Himbi Parkitasari; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The increase in motorized vehicles in Surakarta demands more effective and efficient parking management. The Surakarta City Government stipulates Mayor Regulation No. 5 of 2024 as the basis for regulating parking levies to increase Regional Original Revenue (PAD) and ensure regular parking management. This study aims to analyze the suitability of the amount of parking levy in Surakarta Mayor Regulation No. 5 of 2024 with higher laws and regulations and examine the implementation of these regulations in parking management practices in Surakarta, including the obstacles faced. This study uses a normative method with a legislative approach to assess the suitability of parking levy rules against higher regulations and an empirical method to evaluate policy implementation in the field. The study shows that the amount of the parking levy in Surakarta Mayor Regulation No. 5 of 2024 is not fully aligned with higher regulations, especially in terms of tariff adjustments based on people's purchasing power and the principle of fiscal justice. In addition, the implementation of this regulation faces various obstacles, such as a lack of socialization with parking attendants, uneven parking facilities, and the emergence of illegal collection practices. Therefore, it is necessary to revise policies and increase supervision so the parking levy system can run more optimally.
The Legal Protection of Cinematographic Works in The Digital Era: A Case Study on Film Piracy via Unauthorized Streaming Platforms Nadita Oktaviona; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

In the digital age, the act of watching films through digital streaming platforms has emerged as a new distribution method for Indonesian filmmakers, who continue to evolve and thrive within the film industry. This study aims to examine the legal responsibilities associated with the rise of film piracy on illegal platforms and the measures taken to protect cinematic copyrights in such environments. This research employs a normative legal method, focusing on the internal aspects of positive law through a descriptive approach to provide an objective summary. The analysis is conducted qualitatively by examining secondary data sources, utilizing a literature review method relevant to the issues at hand. Law of the Republic of Indonesia Number 28 of 2014 concerning Copyright provides protection for intellectual property rights; however, this legal framework has not deterred individuals from engaging in film piracy. Although access to illegal streaming websites has been blocked, such platforms continue to proliferate in line with technological advancements. Both litigation and non-litigation measures have been implemented by the government to safeguard the rights of creators and to impose a deterrent effect on violators.
Doxing as A Threat to Freedom of Speech: A Juridical Review of Protection against The Dissemination of Personal Data on The Internet Della Dearista Axelia; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Digital development not only brings a positive impact on life but raises various challenges regarding privacy and data security, one of which is doxing. The phenomenon of doxing, which is the disclosure of a person's personal information without permission, has become a serious threat to freedom of speech on the internet. The purpose of this research is to examine the impact of doxing on freedom of speech on the internet and analyzing the types of legal protection available to doxing victims in Indonesia based on the Personal Data Protection Law and the Electronic Information and Transaction Law. This research employs a normative juridical method, namely analyzing various legal regulations relating to doxing, namely Law No. 27 of 2022 on Personal Data Protection and Law No. 1 of 2024 about the Second Amendment to Law No. 11 of 2008 on Electronic Information and Transactions. This research uses secondary data consisting of primary, secondary, and tertiary legal materials with qualitative descriptive data analysis techniques that produce data that is systematically organized to describe the phenomenon of doxing. The results show that doxing inhibits freedom of speech because victims often experience intimidation, social pressure, and physical threats. The Personal Data Protection Law and Electronic Information and Transaction Law provide regulations for personal data and sanctions for doxing perpetrators. However, these regulations still need to be strengthened, increase public awareness, and more effective legal efforts in handling doxing cases.
Co-Authors a Widya Margaretha, Karelina Achmad Miftah Farid Adi Kurniawan Adriansyah Pradipta, Rifanov Afifah Hapsari Afdah Aflit Nuryulia Praswati Ahmad Agung Febrianto Ahmad Agung Febrianto Ahmad Fausi Ahmad Fauzan Ahmad Muchlasin Nur Ihsan Ahmadzaki Fadhila Aidul Fitriciada Azhari Ainanur Faizah, Fatimah Ajeng Rizky Andria Ramadhani Al Fairuz, Muhammad Ranadhif Al Jawi Putri, Prisitina Alaysia, Amaylia Noor Alif Budhi Santosa Almira, Sekar Diah Ayu Alsyad Dedin Ryan Syahputra Althea Rinanda, Rima Anadila, Kharisma Tsalsabila Angga Putra Adi Pratama Anggraeni, Chintya Anisahaq, Nabila Apriansah, Rizki Arief Budiono Ariffudin Nur Fadly Rosyid Arifkha Gita Zahara Ariyanti, Maelina Arsyad Fakhri Zainuddin Assadath, Frido Davi Aulia Rahma Hafizha Awalia Rina Rahmawati Ayu Astutik, Zulfiana Azhar Alam Azzahra Shabilla Hariyono Baehaqi Bagas Mulya Putra Bayu Aji Fadiansyah Bayu Ajie Sugeng Rahayu Bella Nova Silvia Benanda Bunga Natasha Berliana Azizah Beta Amalia Nur Fajrin Budi Prasetyo Adi Wibowo Carisa Maharani Chammellia Annastasya Melati4 Chintya Anggraeni Chrisna Bagus Edhita Praja Cindy Laksintya, Amelinda Dany Zain Abdillah Dataran Tinggi Golan Dea Arum Rahmawati Della Dearista Axelia Della Puspitasari Devina Septy Dewi Novitasari Dian Novitasari Dian Novitasari Anggraeni Dick Tjandra, Billie Dievla Yunda Asadel Dimas Adika Ardiyanto Diyah Murti Hastuti Dwi, Cindy Edho Setyawan Eka Imam Utomo Eka Saputri, Nurani Elvia Ghina Nismara Elvrida Mutiara Singgih Endah, Qori Enno Haya Gladya Naranta Enno Haya Gladya Naranta Enora Aulia Purbayang Ernawati Ernawati Evan Yusuf Priyokusumo Fachry Satrio Pringgowidigdo Fadhila, Dhea Salsa Fajriansi, Andi Farhan Ammar Luthfi Fauziyah, Hanifah Febriani, Hanifah Ferdian Raid Naufal Firdaus, Wahyu Tri Mohamad Frensiska Ardhiyaningrum Frontieka Ayu Rahmanto Frontieka Ayu Rahmanto Galang Andi Sunarto Ganeva, Irvan Ghaizka Figo Alfaeza Ghalib Rizki Luthfianto Gresnia Himbi Parkitasari Hadyan Sena Hendraatmaja Hafifah Nur Hasanah Hakim, Hary Abdul Hanifa Khoirunnisa Hanifah Fauziyah Hapipah, Hapipah Harjuna Nurfattah Hary Abdul Hakim Hary Abdul Hakim Hasby Yoga, Fahmi Adam Haszmi Alfateh Heri Bahtiar Herlina Diva Pratika Hisanah Putri Ariyanto, Amelia Ibrahim Sholahudin Ika Sahwa Damayanti Indah Ayu Dewi Maharani Indah Maulani Irma Salvia Nisrina Isman Isman Jaka Susila Jasmine Fahira Maulana Kanaya Ayodya Indra Prasta Karisma Cakraningrat Kautsar Risky Fadli Hidayah Kevin Kurnia Yuli Ardikha Kinanthi Mukti, Berliana Krisna Indra Sakti Latifah Kurniasih Lelya Cahya Mufidati Lelya Cahya Mufidati Linda Rose Rohidah Lutfiah Nurjanah M Junaidi M. Aldeon Putra Adi Surya Maghfirani, Syakira Mahendra Jaya Gumilang Mahfudz Rizal Setiawan Marsheila Audrey Nuralisha Mashari, Hanif Bagus Maulana Putra, Rafie Mira Eka Erlina Mozart Tiasylva Syah Nuhandika Muchamad Iksan Muhaimin Fachrul F Muhammad Alvin A.T Muhammad Daqvara Akbar Muhammad Haidar Aufa Mukti Fajar ND Mur Febianti, Selvi Mutiara Dewi Lazha Mutimatun Niami Nabila Ikbal Nabila Rahmawati Nabilla Dea Azzahramajid Nadia Dwi Sekar Kamila Nadita Oktaviona Nafi Rizka Ananda Nanda Dwi Purnama Narusweta, Arasyel Noor Vinki Naufal Hanif Fakhri W Nayla Enggita Nayla Enggita Vanasha Nayla Putri Aryani Nicolas Al Hanafiah Nike Cahyaningrum Nilam Arum Sari Nirwa Rizkyana, Elsa Nirwago Danar P Nova Auliyanti Faiza Noviana Pramesti Nugroho Adi Wicaksono Nur Andriyani Nur Fadilah Syahraya, Muhammad Nur Hidayah Nur ilmi putri febriyanti Nur Isa Herda A Nur Rizqi Febriandika Nuria Siswi Enggarani Nurlina Afifah Litti Nurmalitasari, Safira Orryza Almira Mauriska Pancawati, Angelina Pangaribuan, Leviadi Panji Nagaro Panji Nagaro Permata Dewi, Tyas Pradika Dhony Indrawan Pramesti, Noviana Presetiyo, Wibowo Heru Putri Dwi Arianti Putri Dwi Arianti Putri, Aulia Aninda Ektya Putri, Erna Putri, Thaasafina Sitasari Qusay Alya Difatta Radithya Putra Taqwa Rahma Rini Khalisa Firdausi Rahma Syifa Az Zahra Rahman, Rofi Aulia Rahmanto, Frontieka Ayu Rahmawati, Awalia Rina Raihanita Raihanita Raka Dhamang Pangaribawan Rakhmat Dian Hidayat Rakhmat Dian Hidayat Rakhul Akbar Maulana Ramadhani, Ichinoty ramadhani, zulfa Rika Septiani Rima Mila Wati Rio Marshel Sahertian Rio Pradita Wibowo Ristiana, Lisa Ristiani, Najwa Alya Riyandi Riyandi Rizka Rizki Andriyanto, Aditya Rizki Apriansah Rizky Abdullah Maulana Roi Hartono Putro Rosalina Setyowati Rosita Rahmawati Rossi Fitrianingrum Ryan Afjune Supriyanto Putra Sabrina Diyang A.P Sabrina Diyang Awandi Putri Saif Maulana Putra Susila Salma Nur Halizah Salmande, Ali Salwa Amanda Putri Sandy, Fadillah Saptafasya, Viola Puti Saputro, Triyono Adi Satriyo Wibowo S Selvi Novia Safitri Shabrina, Kania Putri Shofiana Eka Aulia Soepatini Sopyan, Hisma Yuliet Abu Spaltan, Bita Gadsia Suarnianti, Suarnianti Suharso Suharso Syahputra, Adam Syaifuddin Zuhdi Syakira Maghfirani Syawalia Aziza Taufiq Taufiq Teguh Hartono Tiara Vergita Mahanani Tisya Janice Hayu Meganova Triyono Adi Saputro Triyono Triyono Tsalsabila Anadila, Kharisma Tubagus Bayu Pamungkas Tyara Dhali Allfia Tyas, Erni Vella Putri Anjani Wahyu Tri Muhammad Firdaus Wardah Yuspin Wardani, Lusyka Widya Wibowo, Rio Pradita Widya Ayu Khairunnisa Widya Utami Winny Perwithosuci Yanita, Salma Yasmin Safinatunnajah Yati Nurhayati Yenny Ratnasari Yuha Farisa Zukhruf Yuliana, Khozin Zahra Difa Setyawan, Charlintang Zainab Diva Amanda Zukrufi Ashof Almaunah Zukrufi Ashof Almaunah Zulfiani Ayu Astutik