p-Index From 2021 - 2026
10.063
P-Index
Claim Missing Document
Check
Articles

Tenure of Other People's Land without Rights (Case Study of Court Decisions No. 16/Pdt.G/2018/PN.Skh and No. 82/Pdt.G/2022/PN.Yyk) Anjar Sari; Marisa Kurnianingsih
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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

Abstract

Arbitrary land ownership is a crime where a person controls a plot of land without proof of ownership, but turns out to be the legal owner of the land in question.The research method used in this research is a normative juridical approach.This research approach is based on legal sources in the form of statutory regulations and court decisions related to control of land belonging to other people without rights. The research in this article is different from previous research which lies in the formulation of the problem raised and the location of the case. Regarding the regulation of control over land belonging to other people without rights, from the perspective of Islamic law, land that already has ownership rights is prohibited from being contested by anyone without the owner's consent.
Judge's Consideration in Polygamy License for The Reason of Siri Marriage (Study of Decisions in Case Number 1309/Pdt.G/2020/PA.Sal, Case Number 309/Pdt.G/2018/PA.Wno and Case Number 280/Pdt.G/2017/PA.Sgt) Dea Shinta Rahmawati; Marisa Kurnianingsih
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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

Abstract

Marriage is an interior and outer bond between a man and a woman as husband and wife with the goal of forming a happy and eternal family (household) founded on faith in the Almighty God. To enter into a polygamous marriage, the partner or applicant must meet the alternative and cumulative polygamous marriage requirements. According to Islamic law and positive law, polygamy is permissible (mubah). Polygamy continues to be a controversial issue in Indonesia. Polygamy is believed to be harmful and miserable for women, while it only benefits men. The permissibility of polygamy in Islam is not a form of inequality between men and women, considering that the conditions for polygamy are very strict. Men who wish to practice polygamy must be able to comply with the legally stipulated requirements and principles of polygamy. The judge's consideration is his opinion in making a decision, which must consider the mitigating and aggravating circumstances of the applicant. In this case, the author uses a normative legal approach as a research methodology. Descriptive qualitative research was used in this study, namely research to describe carefully, thoroughly, and population characteristics or special aspects. The data source used in this study comes from other sources and therefore is secondary. This paper attempts to identify and explain the factors considered by judges in allowing polygamy based on unregistered marriages, as well as ascertaining the legal basis and factors used by judges to allow polygamy.
Judge's Consideration in Granting Exceptions in Trademark Cases Elman Wahyu Koesnoto; Marisa Kurnianingsih
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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

Abstract

A trademark as part of intellectual property has an important role in protecting product identity and preventing unfair business competition. In trademark cases, exceptions are often filed by defendants to dismiss lawsuits from the early stages before entering the main case. This study aims to determine the judge's considerations in granting exceptions in trademark cases in Decision Number 52/Pdt.Sus-Trademark/2020/PN Niaga Jkt.Pst, Decision Number 72/Pdt.Sus-Trademark/2020/PN.Niaga.Jkt.Pst, and Decision Number 1/Pdt.Sus-Trademark/2024/PN Niaga Jkt.Pst and what legal efforts can be taken in granting exceptions in trademark cases. This study uses a normative juridical method with a doctrinal approach and case studies of court decisions. The data used are secondary data obtained through document analysis and case studies of court decisions. The results of this study indicate that judges in granting exceptions consider several legal aspects, such as the prematurity of the lawsuit, formal defects in the power of attorney, and the ambiguity of the lawsuit (obscuur libel). The granting of this exception is in accordance with applicable legal provisions. In addition, this study also examines the legal remedies that can be taken by parties who object to the exception decision, namely through cassation and judicial review. The conclusion of this study is that the judge's considerations in granting exceptions in trademark cases focus on legal and procedural aspects. The decision that grants the exception shows that the lawsuit filed does not meet the applicable legal requirements, such as the invalidity of the power of attorney, prematurity, and ambiguity in the lawsuit. The legal remedies that can be taken by parties who are dissatisfied with the decision to grant exceptions in trademark cases are cassation and judicial review.
Law Enforcement for Smoking Drivers in Surakarta Rachma Putri Dwi Amalia; Marisa Kurnianingsih
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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

Abstract

This study aims to identify law enforcement for motorists who smoke and obstacles faced by the Police as well as obstacles in prosecuting motorists who smoke while driving in Surakarta. The increasing number of motor vehicles in Indonesia, especially in Surakarta, contributes to the ease of daily activities, but also increases traffic violations, including smoking while driving. One of the habits that is still widely found among motorcyclists is the behavior of smoking while driving, even though the potential danger is very large. This behavior not only endangers the rider himself, but also others around. Based on Lawrence M. Friedman's theory, the three elements of the legal system, legal structure, legal substance and legal culture, still face major challenges in their implementation. The method used in this study is an empirical juridical approach that focuses on examining community behavior. The results of the research are expected to contribute to improving law enforcement and traffic safety. Law enforcement against motorists who smoke while driving in the city of Surakarta, focusing on the role of the Police in tackling traffic violations related to smoking habits.
Policy on The Certainty of Legal Protection for Child Victims of Cyberbullying in Surakarta Illyas Anshori; Marisa Kurnianingsih
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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

Abstract

This research aims to determine the policy of ensuring legal protection for child victims of cyberbullying in Surakarta. Technological developments and the presence of the internet have had a big impact on various aspects of life. One of the impacts is the emergence of the phenomenon of cyberbullying, which refers to bullying through digital media such as social media, messaging applications and other platforms. This research uses a normative juridical approach method which uses secondary data sources which contain several regulations such as the Criminal Code, Information and Electronic Transactions Law, Child Protection Law, Surakarta Regional Regulations and Ministry of Education Regulations. To collect data in this research, the author used literature study techniques which were supported by data from cyberbullying case reports in Surakarta as well as the results of interviews with the KAKAK Foundation, then analyzed qualitatively. Based on the results and discussion in this research, it is known that preventive legal protection in Surakarta has several laws and regulations which can be used as the basis for legal and repressive protection, such as efforts to handle cases through mediation, collaboration, provision of service posts, and education.
Law Enforcement against The Criminal Act of Sale of Cytotec Drugs at The Sukoharjo Resort Police Office Yoga Subekti Nugroho; Marisa Kurnianingsih
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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

Abstract

Law enforcement against the illegal sale of Cytotec drugs for abortion purposes without a distribution permit in Sukoharjo is a serious concern because its use is regulated and requires a doctor's prescription, so that its impact is dangerous to public health. Cytotec, which should be used to treat gastric ulcers, is often misused as an abortion drug. This study uses an empirical legal method by collecting primary data through interviews and secondary data from various legal literature. The results of the study show that the Sukoharjo Police Resort succeeded in uncovering the drug sales network through cyber patrols and covert transactions. However, law enforcement still faces various obstacles, such as the modus operandi of online sales that make it difficult to track the perpetrators and the lack of witnesses willing to provide information. In terms of regulation, the distribution of Cytotec without a permit is a criminal act that can be prosecuted under the Health Law. Misuse of this drug risks causing serious health complications, including severe bleeding and the risk of death. To overcome the problem of the illegal distribution of Cytotec (Misoprostol), the government and BPOM have made various concrete efforts, such as raids and blocking sites and social media accounts that sell this drug illegally. For example, BPOM routinely collaborates with the Ministry of Communication and Information (Kominfo) to close access to e-commerce and marketplaces that are suspected of selling drugs without a distribution permit.
Legal Protection for Student Victims of Bullying at SMPN 2 Ngawi Fakhrina Wardina Athiroh; Marisa Kurnianingsih
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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

Abstract

This study aims to determine the implementation of legal protection for students who are victims of bullying in SMPN 2 Ngawi and to identify the inhibiting factors in providing such protection. The research method used is a juridical-empirical approach with primary data collection through semi-structured interviews with the Principal, Guidance and Counseling Teachers (BK), homeroom teachers, and students, while secondary data includes an analysis of various laws and regulations related to child protection and human rights. The results of the study indicate that the implementation of legal protection in SMPN 2 Ngawi is carried out through preventive channels such as socialization of rules of conduct, the formation of an Anti-Bullying Task Force, and strengthening religious character, as well as repressive channels through objective investigations, restorative mediation, and assertive counseling for victims which are substantially in line with Law No. 35 of 2014. However, the effectiveness of this protection still faces obstacles in the form of normalization of bullying actions.bullyingwhich is considered a joke, the victim's reluctance to report due to intimidation, and differences in perception between the school and the student's parents.
The Role of The KAKAK Surakarta Foundation as A Companion for Child Grooming Victims through Social Media Oudya Nisa Tallya Handono; Marisa Kurnianingsih
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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

Abstract

The development of social media has expanded the space for children to interact, but at the same time opened up opportunities for child grooming as a form of manipulative approach that leads to sexual exploitation. This condition places children in a vulnerable position due to their inability to recognize external dangers and demonstrates that case handling does not stop at taking action against the perpetrator, but must be accompanied by assistance oriented towards the protection and recovery of the victim. This study uses an empirical legal method with a descriptive nature. Primary data was obtained through interviews with child advocates, administrators of the KAKAK Surakarta Foundation, and related parties, while secondary data was obtained through a literature review of relevant laws, books, and journals. Data were analyzed qualitatively. The novelty of this study lies in its empirical approach that focuses on the practice of victim assistance. Child grooming at the KAKAK Surakarta Foundation, thus examining not only normative aspects but also the dynamics of direct victim handling. The KAKAK Surakarta Foundation plays a role as a companion by providing child rescue, psychosocial support, legal process oversight, and strengthening children's relationships with their families and communities. The main obstacles faced include the victims' psychological condition, weak family support, the vulnerability of digital evidence, the complexity of the legal process, and social stigma. Therefore, it can be concluded that the role of companions in cases of child victimschild grooming must be understood as the implementation of legal protection so that children as victims get their rights because handling is not only measured by the punishment of the perpetrator, but also by the ability of the support system to restore children safely, fairly and with dignity.
AN UNREASONABLE PURCHASE OF GOODS: A CRIMINAL LAW PERSPECTIVE Kuswardani; Marisa Kurnianingsih; Mazlena Mohamad Hussain; Andria Luhur Prokosa; Fahmi Fairuzzaman
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1772

Abstract

The purpose of this study is to compare the criminal law regarding the dishonest purchase of goods or receipt of goods resulting or also known as fencing from crime between the Indonesian Criminal Code and the Penal Code of Singapore. This research uses a normative juridical method, so the data used is secondary. This data consists of the Indonesian Criminal Code and the Singapore Penal Code, as well as journals relevant to the problem. The novelty of this research is that the formulation of criminal sanctions is not only alternative but can be imposed cumulatively, and there is a separate formulation regarding the receipt of stolen motor vehicle goods. The research results show that purchasing criminal goods or receiving stolen property or fencing is regulated under Article 480 of the Indonesian Criminal Code and Article 411 of the Singapore Criminal Code. Both define the offense as intentional by a responsible perpetrator. Criminal sanctions under the Indonesian Criminal Code are alternative, and if fencing occurs, there is jurisprudence as source of formal law. While those under the Singapore Penal Code are alternative or cumulative. Receiving stolen property, particularly motor vehicles, carries cumulative penalties, plus a ban on holding or obtaining a driver's license, imposed by the court upon release from prison. The research concludes that fencing is a violation in both Indonesia and Singapore. The only differences lie in the form of punishment stipulated in the Criminal Code and the formulation of receiving stolen property for motor vehicles. The research concludes that fencing is a violation in both Indonesia and Singapore. The only differences lie in the form of punishment stipulated in the Criminal Code and the formulation of receiving stolen property for motor vehicles.
EDUKASI PARENTING: TOXIC PARENTING MENUJU MINDFUL PARENTING SEBAGAI UPAYA TRANSFORMASI POLA ASUH YANG LEBIH POSITIF Marisa Kurnianingsih; Kuswardhani Kuswardhani; Syaifuddin Zuhdi; Fahmi Fairuzzaman; Nova Auliyanti Faiza
Jurnal Gembira: Pengabdian Kepada Masyarakat Vol 4 No 04 (2026): AGUSTUS 2026
Publisher : Media Inovasi Pendidikan dan Publikasi

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

Abstract

Pola asuh orang tua memiliki peran penting dalam membentuk perkembangan psikologis dan sosial anak. Namun, masih banyak ditemukan praktik toxic parenting yang berdampak negatif terhadap kondisi emosional dan kepercayaan diri anak. Kegiatan pengabdian ini bertujuan untuk meningkatkan pemahaman dan kesadaran orang tua mengenai dampak toxic parenting serta mendorong transformasi menuju penerapan mindful parenting sebagai pola asuh yang lebih positif. Metode yang digunakan adalah pendekatan partisipatif melalui tahapan persiapan, pelaksanaan, pendampingan, dan evaluasi, dengan teknik sosialisasi, penyuluhan, diskusi interaktif, serta praktik langsung. Hasil kegiatan menunjukkan adanya peningkatan pemahaman peserta mengenai pola asuh yang sehat serta perubahan sikap dalam mengelola emosi dan berinteraksi dengan anak. Penerapan mindful parenting terbukti mampu menciptakan hubungan yang lebih harmonis antara orang tua dan anak serta mendukung perkembangan anak secara optimal.
Co-Authors Abdul Hakim Abdullah Al Mamun Absori Achmadi Aditya Nugrahanto Aidul Fitriciada Azhari Alaba, Ma Daphnee Alfath Sartanto Alfath Sartanto Alfath Sartanto Amiludin, A Anastasya, Dita Nadya Andhika Ihza Hanggara Andi Intan Purnamasari Andria Luhur Prakosa Andria Luhur Prakoso Andria Luhur Precocious Andria Luhur Prokosa Anindhita Nurfaatin Sukirman Anindhita Nurfaatin Sukirman Anjar Sari Aprilia, Lina Arief Budiono Aristya Windiana Pamuncak Attirmidzi, M. Zaki Avip Rusdi Hananto Berlianti, Soffana Zamzam Cahyani, Elfrida Nur Cahyo Kuntoro Cahyo, Yoga Tri Dea Shinta Rahmawati Denny Hartanto Dewanto, Daffa Rafif Dewi Iriani Dita Nadya Anastasya Dwi Aji Ardiansyah Elisa Rachmawati Ellya Nur Fariesha Binti Azrurahime Elman Wahyu Koesnoto Elok Putri Nimasari Fahmi Fairuzzaman Fahmi Fairuzzaman Fakhrina Wardina Athiroh Febriani, Hanifah Firdaus, Lutfi`ah Haekal Septiawan Hananto, Avip Rusdi Hanif Al Hafizh, Muhammad Hartanto Hartanto hartanto hartanto Illyas Anshori Irma Nurul Tyana Ivan Andika Handono Johan Cahya Kusuma Sakti Kelik Wardiono Khudzaifah Dimyati Kuntoro, Cahyo Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani, Kuswardani Kuswardhani Kuswardhani Lina Aprilia Lutfi Robiatul Adawiyah M Junaidi M. Zaki Attirmidzi Marjanah, Iramadya Dyah Mazlena Mohamad Hussain Moestofa, Yoesoef Muchamad Iksan Muhammad Hamam Firdaus Muhammad Khusnul Hidayat Muhammad Naufal Nada Sima Muhammad Risal Fitrah Ramadhan Mustofa, Yoesoef Muthia Aulia Alyda Natangsa Surbakti Naufal Fakhri Ghozali Nerisia Bunga Samodra Ngestiningrum, Ayesha Hendriana Nike Cahyaningrum Nova Auliyanti Faiza Nugraha, Rokhman Adi Putera Oktaviary, Adinda Rizky Oudya Nisa Tallya Handono Pambudi, Rizal Pradana, Aditya Bayu Purwanto purwanto Rachma Putri Dwi Amalia Raga Farros Al Bassith Rahmadanti, Saumita Ngesti Ramadhan, Muhammad Risal Fitrah Reyhan Agusta Ricky Alan Mutadho Rizal Pambudi Rizka Rokhman Adi Putera Nugraha Roykha Adi Panama Roykha Adi Panama Sakti, Johan Cahya Kusuma Salazar, Ramonita A Saputra, Cahya Handy Saputri, Irwinda Mutiara Sari, Winda Permata Sartanto, Alfath Sekar Nur Hidayati Shinta Aprilia Sandra Kusuma Sukirman, Anindhita Nurfaatin Syaifuddin Zuhdi Tashya Panji Nugraha Teddy Satrio Wicaksono Tony Rizky Herlambang Tri Setiawan, Wiranto Ulung Ajubah Tri Atmojo Wardah Yuspin Wibisono, Fiqkri Akbar Winda Permata Sari Windiani, Arovah Yoesoef Moesthafa Yoesoef Moestofa Yoesoef Mustofa Yoga Subekti Nugroho Yustika Kusumaningrum Zuhdi, Syaifudin