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Juridical Analysis of Dismissal of Village Heads Affected by Adultery Cases (Case Study Decision Number: 3/G/2022/PTUN.SMG) Nadia Salsabila Rahma; Labib Muttaqin
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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In conducting this research, the research objective was to describe how the arrangements regarding the dismissal of village heads in the Village Law no. 6 of 2014 and what are the legal considerations of the judges of the Semarang State Administrative Court in deciding the Decision Number: 3/G/2022/PTUN.SMG case concerning the Dismissal of the Village Head in Karangtengah Village who used a normative juridical method in his analysis. This research has the following results: 1. The dismissal of the village head has been regulated in Article 40 of Law no. 6 of 2014 concerning Villages, when viewed from the case in the decision above the Village Head resigned because he was dismissed by the Regent for violating the prohibition stated in the law. 2. According to the PTUN decision, because he had committed the crime of adultery, which in this case violated Article 29 of Law No. 6 of 2014 concerning Villages, namely disturbing a group of people, the Village Head was dismissed from his position. In terms of deciding on the decision, the judge has considered through laws and regulations and aspects such as juridical, philosophical, and sociological aspects. As a result, the object of dispute in the decision is considered valid and legally enforceable.
Juridical Analysis in The Formation of Government Regulations in Lieu of Law No. 11 of 2020 Concerning Job Copyright Nugroho Budi Kisdiyanto; Labib Muttaqin
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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This study aims to conduct a juridical analysis of the formation process of Government Regulation in Lieu of Law (Perppu) No. 11 of 2020 on Job Creation. The Perppu is a legal instrument adopted by the Indonesian government as an effort to accelerate the implementation of economic policies related to structural reforms. The research method used in this thesis is normative legal research with a statutory approach. The analysis is conducted on the legal basis for the formation of Perppu, including the president's authority in issuing Perppu and its relation to the role of the DPR in the formation of laws. The results of the analysis show that the formation of Perppu No. 11/2020 on Job Creation is based on an emergency and urgency that is considered to require swift action. However, there are debates regarding the president's authority to issue Perppu, especially in terms of time restrictions and the material regulated in the Perppu. This research contributes to understanding the juridical process of Perppu No. 11/2020 on Job Creation, as well as its implications for the legal system and democracy in Indonesia. The findings in this research are expected to be taken into consideration for the government, legislative institutions, and the community in drafting and evaluating regulations related to structural reforms.
Dispute Resolution of Election Process in Indonesia (Case Study of Decision No.757/Pdt.G/2022/PN Jkt.Pst regarding Dispute between Prima Party and General Election Commission) Devani Yasmin Tarisya; Labib Muttaqin
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 article examines the resolution of electoral process disputes in Indonesia, specifically the case study of decision No.757/Pdt.G/2022/PN Jkt.Pst regarding the dispute between the PRIMA Party and the General Election Commission (KPU). Elections are an important instrument in democracy, so the settlement of disputes that arise must be carried out fairly and in accordance with applicable regulations. This study applies a normative juridical approach through a case study method. Data is obtained from court decisions, laws and regulations, and relevant references. The analysis is conducted qualitatively to determine the legal considerations and implications of the decision. This article presents an in-depth analysis of electoral process dispute resolution in Indonesia, focusing on the case of the dispute between the PRIMA Party and the General Election Commission. This case study provides new insights into the implementation of electoral regulations and the protection of political parties' rights in the electoral process. Decision No.757/Pdt.G/2022/PN Jkt.Pst determined that the General Election Commission violated the law in determining that PRIMA Party was not eligible to participate in the election. The ruling recognized the violation of PRIMA Party's constitutional rights and ordered the Election Commission to revoke the decision. This article analyzes the legal reasoning and implications of the ruling for the conduct of fair and transparent elections. The resolution of electoral process disputes in Indonesia requires a strong system and consistent law enforcement. Decision No.757/Pdt.G/2022/PN Jkt.Pst demonstrates the importance of protecting the rights of political parties in the electoral process and the General Election Commission's compliance with applicable regulations.
Juridical Analysis of The Authority of The District Court to Postpone Elections (Study of Decision Number 757/PDT.G/2022/PN JKT.PST) Khofifah Kusumawardhani; Labib Muttaqin
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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In early March 2023, Indonesia was shocked by the issue of postponing elections. A lawsuit was granted by the Central Jakarta District Court in decision number 757/Pdt.G/2022/PN Jkt.Pst to not conduct the remaining stages of the 2024 General Election filed by the Prima Party. This research uses doctrinal or normative methods including comparison, systematics, level of synchronization, history, and legal principles. The researcher uses the literature study method to obtain and collect data. Qualitative normative analysis and deductive reasoning techniques are used to analyze the data in this study. Article 2 paragraph (1) of Supreme Court Regulation 2/2019 clearly states that the State Administrative Court is responsible for cases of unlawful acts which are filed by government agencies and/or officials. It should not be the domain of the District Court to decide. The Central Jakarta District Court exceeded its authority by deciding a dispute with a government body in a case of unlawful act. The District Court does not have the absolute competence to decide cases such as those filed by the Prima Party in Decision Number 757/Pdt.G/2022/PN Jkt.Pst.
The Effectiveness of The Function of The Industrial Office in Organizing The Expansion of Job Opportunities in Sukoharjo District Adnan Syahrisal Dewanto; Labib Muttaqin
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 examine the concept of expanding job opportunities in Sukoharjo Regent Regulation No. 6 of 2017 and the effectiveness of the Sukoharjo Regency Industry and Manpower Service in implementing job expansion. It is hoped that this will be useful in providing insight and knowledge regarding the problem of workforce expansion that is occurring in Sukoharjo Regency and how the efforts of the Sukoharjo Regency Industry and Manpower Service to overcome the problem of workforce expansion. Research Results: The Concept of Expanding Job Opportunities in Sukoharjo Regent Regulation No. 67 of 2017 is an effort by the Regional Government and Community Institutions to create new jobs and develop available jobs. The aim is to create and develop productive and sustainable work opportunities by utilizing the potential of natural resources, human resources, community institutions, as well as appropriate technology. The effectiveness of the Sukoharjo Regency Industry and Manpower Service regarding Job Expansion has carried out its obligations well and effectively by making various regulations and policies. which is proven to have a positive impact on people who need work by opening opportunities for job expansion because regardless of special criteria, anyone can and deserves to get a job according to their wishes and all people have the right to live by doing their own work.
Legal Protection for Child Victims of Cyberbullying: Policy Analysis, Implementation and Challenges in The Digital Era Safa Cyrilla Apsarini; Labib Muttaqin
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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The rapid development of information technology has driven globalization and brought the world into the modern era, presenting various opportunities alongside negative impacts on social life. One of the concerning negative effects is cyberbullying, which can significantly influence children's psychological well-being and social interactions. This study employs a normative legal method by analysing relevant laws and regulations. Data analysis was conducted qualitatively through logical reasoning, induction, deduction, analogy, and comparison. Legal protection for victims of cyberbullying in Indonesia is enshrined in several laws and regulations, such as Law Number 35 of 2014 and Law Number 1 of 2024. However, the implementation of these policies encounters various challenges, including a lack of public awareness and inadequate facilities and infrastructure for victims. There is a need for enhanced socialization, education, and evaluations of the effectiveness of existing policies. Legal protection for child victims of cyberbullying has been established in law, but its implementation requires strengthening through oversight, education, and collaboration among the government, educational institutions, and the community.
Analysis of Legal Considerations, Supreme Court Judge in Imposing A Life Sentence in Premeditated Murder Case (Case Study of Decision 813/K/Pid/2023) Bagus Dwi Yulianto; Labib Muttaqin
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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The premeditated murder case of the defendant Ferdy Sambo (FS), who killed Brigadier Nofriansyah Yoshua Hutabarat (Brigadier J) in July 2022, has attracted the attention of the Indonesian people. This was initially thought to be a shootout between the victim and Bharada Richard Eliezer (Bharada E), who allegedly sexually harassed FS's wife. However, further investigation showed that FS planned the murder and ordered Bharada E to shoot Brigadier J. FS, who was charged with Article 340 of the Criminal Code on premeditated murder and Article 49, juncto Article 33 of the ITE Law, as well as Article 55 of the Criminal Code. This case attracted attention because law enforcement officials, who were supposed to be responsible for maintaining security and order, were instead involved in criminal acts. FS was sentenced to death by the South Jakarta District Court during the sentencing process. Still, at the cassation level, the Supreme Court changed the sentence to life imprisonment, after Law No. 1 of 2023, which made the death penalty a special penalty and affirmed the importance of more rehabilitative penal goals, political changes in Indonesia's criminal law became part of the consideration of Supreme Court judges. The defendant's emotional factors, his life history, and his thirty years of service in the National Police were also considered by the judge. Nevertheless, FS's actions are still considered unlawful, so punishment cannot be avoided. Considering all relevant aspects, this decision demonstrates the application of the principle of proportional justice.
Implementation of Compliance Online System towards Good Corporate Governance at PT Kilang Pertamina International Based on Legislation Luky Tri Sasongko; Labib Muttaqin
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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This research examines the principles of digital-based Good Corporate Governance at PT Pertamina International Refinery RU IV Cilacap in accordance with Indonesian legislation. The implementation of Good Corporate Governance is believed to provide the importance of implementing Good Corporate Governance in increasing transparency, accountability, responsibility, independence and fairness in the company’s operations to overcome abuse of authority. This research uses an empirical juridical method with a qualitative approach, utilizing primary data obtained through interviews with resource persons from PT Kilang Pertamina Internasional RU IV Cilacap, as well as secondary data from legal documents and related literature. The results show that the implementation of digital-based Good Corporate Governance, especially through the Compliance Online System (Compols), contributes significantly to operational effectiveness and prevention of abuse of authority at PT Kilang Pertamina Internasional RU IV Cilacap.
Legal Review of Online Fraud Linked to Criminal Liability Aspects (Case Study: Decision Number 372/Pid.B/2020/PNSby) Asheka Malikus Zachwa; Labib Muttaqin
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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The rapid development of information technology has negative impacts, for example, online fraud carried out in various modes. Existing regulations have not been able to bridge the law enforcement of online fraud crimes if they are not balanced by law enforcement factors, so it is important to know a judge's legal considerations on the related crime whether it is in accordance with the regulations and the realization of legal certainty. Normative legal research methods with a descriptive approach, with secondary data including primary, secondary, and tertiary legal materials. Literature study data collection techniques, which are then analyzed qualitatively. The study aims to determine the legal certainty in Decision Number 372 / Pid.B / 2020 / PN Sby. The results of the study show that Decision Number 372 / Pid.B / 2020 / PN Sby is in accordance with the legislation and realizes legal certainty.
The Role of E-Voting in Promoting Participation and Transparency in Elections: A Case Study of The Jembrana Village Head Election Zahwa Nabila Putri Maharani; Labib Muttaqin
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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This study explores the role of electronic voting (e-voting) in strengthening voter participation and ensuring transparency in elections, with a specific focus on its implementation in the Village Head Election (Pilkades) in Jembrana Regency, Bali. The research adopts a normative juridical method with a statute approach. It offers a novel perspective by providing an empirical evaluation of the effectiveness of e-voting at the village election level, highlighting its potential applicability to broader electoral contexts. The findings reveal that the implementation of e-voting in Jembrana has successfully increased voter turnout and ensured a more transparent and accountable election process. In conclusion, e-voting serves as an effective solution to address the challenges of traditional voting systems and can be replicated in other regions to strengthen local democracy, with potential for future integration into larger-scale elections.