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Febriani, Hanifah
Universitas Muhammadiyah Surakarta
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences

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Juridical Analysis Regarding Changes in The Regulations on Adultery in Law Number 1 of 2023 Concerning The Criminal Code in Indonesia Mutiara Ambar Solichah; Hanifah Febriani; Tomás Mateo Ramon
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 explain the comparison of adultery regulations in the old Criminal Code and the new Criminal Code, as well as the implications of changes to the adultery regulations in the new Criminal Code. The research method is normative. This research is a type of normative research that uses secondary data. The approach taken is a statutory and conceptual approach. The data analysis method used is qualitative. The results of this research are regarding adultery in the old Criminal Code which is regulated in Article 284 of the Criminal Code, which provides the meaning of adultery only between a man and a woman, one of whom is at least married, while the new Criminal Code is regulated in Article 411 of the Criminal Code, which expands the meaning of adultery. also covers men and women who are not related by marriage, who are threatened with imprisonment for a maximum of 1 (one) year. Adultery is a complaint offense in both the old and new Criminal Code, but in the new Criminal Code there are additional parties who can file a complaint about adultery, namely not only husband/wife, but also parents and children for people who are not related by marriage, in addition there is an increased threat of imprisonment in the new Criminal Code, namely for 1 (one) year. The implications of the changes to the regulation of adultery in the new Criminal Code are to minimize opportunities for adulterous behavior that could potentially be committed by married young couples, to apply customary law in Indonesia and to abandon western concepts, namely the Netherlands, to realize responsive criminal law, meeting the needs of Indonesian society. religious, and minimizing the presence of vigilantism by society, provides a deterrent effect because there are increased criminal penalties for perpetrators of adultery.
Fulfillment of Rights for Victims of Environmental Pollution Study of the Bengawan Solo River, Kebakkramat District, Karanganyar Regency Adil Amrulloh; Hanifah Febriani
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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The aim of this research is to identify the fulfillment of rights for victims of environmental pollution in the Bengawan Solo River Study, Kebakkramat District, Karanganyar Regency. An empirical juridical approach is applied in this research using qualitative methods. This research found that pollution in Kebakkramat District, Karanganyar Regency includes strong odors and agricultural production is not optimal. Apart from that, fulfilling the rights of residents around the river is also limited to assistance, for example in the form of fertilizer. Meanwhile, other needs such as health and compensation were not found.
Bank Customer Protection Law from Skimming Crimes: According to The Consumer Law and The Banking Law Fajriansyah Anugraha; Hanifah Febriani
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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The purpose of this article is to explain the legal protection and responsibility of banks for the security of customers' personal data and customer deposits at the bank in cases of skimming crimes. This research uses a juridical-normative approach, namelyby researching library materials, namely primary and secondary legal materials. Data collection was carried out through literature study. The results of this research indicate that the bank is responsible for losses experienced by customers due to theft using the skimming crime mode, if proven by CCTV cameras and there is no negligence on the part of the customer who is the victim. Legal protection for customers is related to the reporting obligations offered by banks, namely Law no. 8 of 1999 concerning Consumer Protection and PBI no. 16/1/PBI/2014.
Legal Protection of Victims of Fake And Lie News (Hoax) in The Electronic Transaction Information Law Hakni Kusuma Muahammad Reyhan Arkan; Hanifah Febriani
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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Today the pace of information development that no longer recognizes barriers and boundaries, as a result of globalization and technological advances deserves more attention from a legal perspective. Technological progress has a myriad of benefits but also has various challenges that must be faced, in this case the rapid spread of information through social media whose validity or truth cannot be easily determined. Evidence of the negative impact of technological progress can be seen in the many cases caused by the misuse of technology to commit fraud, especially in spreading hoaxes and electronic transactions, so that in this study the focus is on being able to see a legal perspective in protecting victims of fake news and lie (hoaxes). This research was analyzed using normative juridical and qualitative descriptive methods. This study aims to confirm that the basic regulations for the spread of fake or fake news (hoaxes) have been regulated in Law No. 19 of 2016 precisely in article 28 paragraph (1) and article 27 paragraph (3), besides that the author through this research wants to focus on legal protection for victims of fake and fake news (hoaxes) that are in effect at this time, the article besides these rules there are other regulations relating to the spread of fake and fake news (hoaxes), namely article 14 and article 15 of Law No. 1 of 1946, as well as article 311 and article 378 of the Criminal Code. This research will produce answers regarding legal protection that can be sought by victims of spreading fake news and lies (hoax).
Legal Protection of E-Commerce User Privacy in Indonesia from The Perspective of Civil Law and Islamic Law Mohammad Rafi Arradhiya; Hanifah Febriani
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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E-commerceis an online buying and selling activity mediated by digital devices, facilitating transactions between marketers and consumers. The increasing privacy violations require strong privacy protection laws globally. Data breaches pose risks such as financial loss and identity theft, so raising awareness about data security is essential among governments, companies, and individuals. The methodology used by the author in this study is a doctrinal approach called normative juridical. This normative juridical framework is an established process that aims to achieve the objectives of the study, starting with the utilization of secondary data. In Indonesia, the right to privacy is constitutionally recognized and detailed in the 1945 Constitution and several laws, such as the ITE Law and the PDP Law. Although these laws outline the right to privacy for e-commerce users, they do not have explicit provisions for the resolution of civil disputes related to privacy violations. The analysis includes possible legal remedies under the Civil Code, which allows claims against e-commerce companies for negligence. In addition, it emphasizes consumer protection under the Consumer Protection Law, which, although recognizing rights, does not explicitly mention the right to privacy in the context of e-commerce. The study also explores the Islamic perspective on privacy, where respect for personal data is essential, advocating fairness and transparency in transactions. Ultimately, the conclusion underscores the need for progressive alignment and enforcement of laws to effectively address the issue of privacy violations in e-commerce. Furthermore, it highlights the need to align Islamic legal principles with existing regulations to ensure a comprehensive legal framework that protects privacy rights in the evolving digital marketplace.
Legal Certificity in The Transformation of Conventional Land Certificates to Electronic Land Certificates Raina Fishecella; Hanifah Febriani
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The implementation of electronic land certificates based on Regulation of the Minister of ATR/BPN Number 3 of 2023 aims to improve the efficiency of land governance through digitalization. This research uses an empirical legal approach with descriptive analytical specifications at the Karanganyar Regency Land Office. Since July 2024, 36,039 electronic certificates have been issued through physical and legal data validation in the Computerized Land Activities (KKP) system. Legal protection for owners is guaranteed through electronic signatures (BSrE) and cryptographic features that have valid evidentiary power according to the ITE Law. Although this system minimizes the risk of duplicate certificates and data manipulation, technical network constraints and low digital literacy remain major obstacles during the transition period. Electronic certificates strengthen legal certainty and land data security. Their success depends heavily on consistent data validation, reliable cybersecurity systems, and intensive public outreach.
Non-Institutional Punishment Model in Child Sexual Violence Cases: An Analysis of The Progressiveness of Restorative Justice Towards Repetition of Criminal Acts Zerlina Chaira Rani; Hanifah Febriani
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study examines the legal issues in the criminalization of sexual violence crimes involving children as perpetrators and victims. The main objective of the study is to analyze the legal considerations of the panel of judges in Decision Number 2/Pid.Sus-Anak/2024/PN Skt and to identify the criminalization model for child perpetrators of sexual violence in the Indonesian criminal justice system. The research method used is normative juridical with a descriptive analytical approach through the study of legal documents. The results show that the Surakarta District Court Judge applied the doctrine of statutory rape by affirming that the child victim's consent was legally invalid due to legal incompetence and psychological manipulation, the panel of judges sentenced him to 10 months in prison with a one-year probation period and three months of job training. This decision represents a paradigm shift from retributive justice (imprisonment) to restorative justice, which prioritizes the principle of last resort. The research conclusion confirms that the non-institutional punishment model aims to prevent stigmatization and recidivism among child perpetrators, although on the other hand, it triggers challenges related to disparities in sentencing and fulfilling a sense of justice for victims.
Co-Authors Abdul Harist Rifai Achmad Miftah Farid Adil Amrulloh Anastasya, Dita Nadya Andria Luhur Prakoso Anggraeni, Chintya Ardha Tri Adi Prasetyo Arief Budiono Arifin, Achmad Januar Bagus Mulia Pandu Winoto Carissa Maharani Carissa Maharani Chintya Anggraeni Daing, Crisanto A. Denny Saptono Fahrurodzi Devi Luluk Andriani Dewi Aulia Salsabilla Diana Setiawati Eny Winaryati Fahmi Fairuzzaman Fajriansyah Anugraha Hakni Kusuma Muahammad Reyhan Arkan Ika Rahmawati Inda Fresti Puspitasari Kuswardani LAILIYANA, LAILIYANA M. Junaidi Marisa Kurnianingsih Mohammad Rafi Arradhiya Muchamad Iksan Muhamad Taufik Hidayat Muhammad Anas Muhammad Rafi Risnawan Muhammad RM Fayasy Failaq Mutiara Ambar Solichah Nanang Kurniawan Nugraha, Handy Qori Endah Pramesthi Raina Fishecella Rizka Rizqi Aulia Amanda Sadida Amalia Izzatul Haq Salazar, Ramonita A Santi Putriani Sika Aulia Fitri Siti Zuliyah Soepatini Susilawati, Elly Syarifa, Gizha Tomás Mateo Ramon Trian Gigih Kuncoro Triwahyuningsih Triwahyuningsih Turdialiev Mukhammaf Ali Polatjon Ogli Uni Tsulasi Putri Wibowo, Rio Pradita Yanti Yanti Zerlina Chaira Rani Zuhdi, Syaifudin Zulfiani Ayu Astutik