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Personal Data Legal Protection Policy in Indonesia Moh Indra Bangsawan; Dewi Kusuma Diarti; Bambang Sukoco
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The 1945 Constitution of the Republic of Indonesia Article 28 G paragraph (1) emphasizes that every person has the right to personal protection, family, honor, dignity and property under his control, as well as the right to a sense of security and protection from the threat of fear. to do or not do something that is a human right. This research aims to 1). Describe the threat to data resources after the Covid‐19 pandemic 2). Describe the personal data protection policy in Indonesia. This research is normative legal research carried out by examining library materials or secondary data. The approaches used are the statutory approach and the conceptual approach to data resource management. The type of study in this research is more descriptive, because it aims to clearly describe various things related to the object being studied. The policies offered in the research are policies carried out using descriptive analysis. The identification process is carried out by looking for the root causes that influence the lack of optimal legal protection of data resources after the Covid‐19 pandemic.
Analysis of Freedom of Expression: A Case Study on Religious Court Decision Number 726/PID SUS/2023/PN PLG Ardi Eka Kurniawan; M. Junaidi; Yoesoef Moestofa; Natangsa Surbakti; Bambang Sukoco
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study aims to understand and analyze the judicial consideration that affects freedom and the review of freedom of expression on social media according to positive law. This juridical-normative study is examined using descriptive analysis method and legislative approach. The data examined are obtained from secondary data sources consisting of primary and secondary legal materials. The results of the research show that the legal case in Religious Court Decision Number 726/PID SUS/2023/PN PLG related to religious blasphemy on social media, when associated with freedom of opinion and expression, may disrupt the judge's decision-making and imposition of sanctions because the judge's decision can trigger reactions that may lead to conflicts among society, causing negative perceptions regarding the law's clarity in handling the issue and significant impacts such as the emergence of similar cases and their association with freedom of expression when someone violates legal regulations. The implementation of law enforcement regarding freedom of expression concerning religious blasphemy on social media is not uniform and comprehensive. Based on the findings of the study, religious blasphemy on social media is still not optimally addressed by the existing laws. The aim of law enforcement is to protect all religions and ensure the protection of individual rights in expressing opinions. Legal actions are expected to comply with applicable laws and not hinder the judicial decision-making process in handling cases related to religious blasphemy and freedom of expression.
Application of Criminal Sanctions against Theft Perpetrators in Forced Conditions (Comparison of Positive Law and Islamic Law) Yoga Rizka Kusuma; Bambang Sukoco
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

Crimes against the property or wealth of others have occurred in many communities. This is done in various ways and opportunities are done alone or also done in groups. The law of theft is divided into several kinds of criteria depending on how much loss from the goods taken. Judging from the positive law, the crime of theft has been regulated in articles 362-367 of the Criminal Code which in these articles have criteria and additional weights in order to provide justice for potential victims and potential defendants. Whereas when viewed from the review of Islamic law, the rule will remain at any time because it has been explained in the Qur'an and hadith and the punishment limit for the severe, and the punishment of tak'zir for the light. The results of this study will show, among others, the similarities and differences in the application of criminal sanctions in terms of positive law and Islamic law. Both have similarities that both have criteria in the sanctions given to provide a deterrent effect, while the difference between the two from the law used is because Islamic law uses the legal basis of the Qur'an, hadith, and the agreement of scholars.
Consumer Protection against Imported Cosmetic Products that Have Not Been Certified by The Indonesian Food and Drug Authority on Tokopedia Platform Luthfia Nurhaliza Wirawan; Moh. Indra Bangsawan; Bambang Sukoco; Muhammad Safrizal; R Rahmawani; R Ramadani
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

E-commerce platforms in Indonesia have made it easier for consumers to access various products through an application, including imported cosmetic products. However, many imported cosmetic products that have not been certified by the Indonesian Food and Drug Authority (BPOM) continue to circulate on the Tokopedia platform, posing a risk to consumers. This research aims to find out: 1) Regulations governing the circulation of imported cosmetics in Indonesia, and 2) Consumer protection against illegal cosmetic products on Tokopedia. This research uses a normative juridical method with a qualitative approach that focuses on analyzing laws and regulations and case studies. The data used consists of primary data, namely Law No. 8 of 1999 on Consumer Protection, Law No. 11 of 2008 in conjunction with Law No. 1 of 2024 on Electronic Information and Transactions, and Regulation of the Indonesian Food and Drug Authority No. 12 of 2023 on the Supervision of the Manufacture and Distribution of Cosmetics, while secondary data includes journals and cases related to cosmetics without Indonesian Food and Drug Authority certification on e-commerce platforms. Data collection is done through literature study and legal document analysis. Furthermore, the data was analyzed using descriptive qualitative analysis method to interpret the regulations and literature study. The results show that although regulations related to consumer protection and electronic commerce already exist, their implementation still faces various obstacles. Consumers have the right to obtain safe and legal products, but supervision of products in e-commerce is still weak. Tokopedia as a marketplace organizer has a role in filtering products that are traded, but it has not been fully effective in suppressing the circulation of illegal imported cosmetics. Therefore, it is necessary to strengthen regulations, increase supervision, and the active role of e-commerce platforms in maintaining consumer safety.
Juvenile Criminal Responsibility in Al-Mughni: A Hanbali Perspective on Graduated Liability Bambang Sukoco; Dimas Amril Firmansyah; Dewi Eko Wati
Jurnal Ius Constituendum Vol. 11 No. 3 (2026): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i3.15354

Abstract

This study examines the basis and gradation of juvenile criminal responsibility in Islamic criminal law through Ibn Qudamah’s Al-Mughni, particularly in relation to the tension between child protection and accountability for serious offenses. Using normative legal research, the study employs statutory and conceptual approaches to conduct a doctrinal and textual analysis of Al-Mughni, the Qur’an and Hadith, the Convention on the Rights of the Child, and Indonesia’s Juvenile Criminal Justice System Law, with particular attention to qisas, hadd for theft, and diyat within the aqilah mechanism. The findings demonstrate that criminal responsibility in Al-Mughni is determined not merely by the prohibited act or chronological age, but by legal capacity (ahliyyah), discernment (tamyiz), and maturity. Children lacking full legal capacity are exempt from qisas and hadd, while their conduct may generate compensatory consequences through diyat and educative responses such as ta’dib for those possessing discernment. The novelty of this study lies in identifying a doctrinal model of graduated juvenile responsibility in Al-Mughni that separates punitive liability from compensatory responsibility and calibrates legal consequences according to developmental capacity. This framework provides a conceptual bridge between classical Hanbali jurisprudence and contemporary child-centred justice by integrating child protection, proportionality, rehabilitation, restorative justice, and victim interests.